CABLE v. CORRECTIONAL MEDICAL SERVICES, INC. et al
| THERESA ANNE CABLE |
| CORRECTIONAL MEDICAL SERVICES, INC., NURSE FNU ALBRIGHT, MARION COUNTY SHERIFF FRANK ANDERSON and COMMUNITY EDUCATION CENTERS, INC. |
| 1:2008cv01251 |
| September 18, 2008 |
| US District Court for the Southern District of Indiana |
| Civil Rights: Other Office |
| Marion |
| Tim A Baker |
| David Frank Hamilton |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2009. A more recent docket listing may be available from PACER.
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Filing 83
ORDER granting #76 Motion to Dismiss Claims upon Entering Stipulation of Dismissal and Motion to Remand Case to State Court. IT IS ORDERED that upon entering the Stipulation of Dismissal pursuant to the settlement reached with Defendants Community Education Centers, Inc. and Janet Albright, that all of Plaintiff's claims, with the exception of the state law claims contained in Counts One and Four against Correctional Medical Services, are dismissed and this matter is ordered remanded to the Marion Superior Court to proceed on said state law claims. Signed by Judge David Frank Hamilton on 6/29/2009. (LBK)
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| CONTINUATION OF DKT. 83 - Per the Stipulation of Dismissal (dkt. 81) and Entry of Dismissal (dkt. 82), and per the Order granting Motion to Dismiss Claims upon Entering Stipulation of Dismissal and Motion to Remand Case to State Court (dkt. 83 dated 6/29/09), this matter is CLOSED and the state law claims contained in Counts One and Four against Correctional Medical Services are REMANDED to the Marion Superior Court.(LBK) |
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Filing 82
DISMISSAL - NURSE FNU ALBRIGHT and COMMUNITY EDUCATION CENTERS, INC. terminated, per Order of Dismissal of Certain Claims with Prejudice. Defendants Community Education Centers, Inc. and Janet Albright are dismissed as parties to this lawsuit. All claims against Defendant Marion County Sheriff that are in any way based on the alleged actions or inactions of Defendants Community Education Centers, Inc. and/or Janet Albright, including any allegation that the Sheriff did not properly manage the contract with Community Education Centers, Inc. are hereby dismissed with prejudice. Signed by Judge David Frank Hamilton on 6/22/2009.(LBK)
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| Filing 81 STIPULATION of Dismissal, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Text of Proposed Order Order of Dismissal of Certain Claims With Prejudice)(Ogden, Paul) |
| Filing 80 RESPONSE in Opposition re #74 Second MOTION for Judgment on the Pleadings and Plaintiff's Request for Sanctions, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Exhibit A (Article Regarding Hancock County Sheriff))(Ogden, Paul) |
| Filing 79 RESPONSE in Opposition re #77 MOTION to Quash and for Protective Order, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Exhibit A (Newspaper Article Regarding Death at Hancock CountyJail))(Ogden, Paul) |
| Filing 78 BRIEF/MEMORANDUM in Support re #77 MOTION to Quash and for Protective Order, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Exhibit A Subpoenas, #2 Exhibit B Allen Discovery Responses, #3 Exhibit C Dumes Discovery Responses, #4 Exhibit D Dumes Second Set of Discovery, #5 Exhibit E Plaintiff's Initial Disclosures, #6 Exhibit F Mayes June 3 Email, #7 Exhibit G Ogden June 3 Email, #8 Exhibit H Mayes June 4 Email, #9 Exhibit I Ogden June 4 Email)(Mayes, Jonathan) |
| Filing 77 MOTION to Quash and for Protective Order, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 76 MOTION to Dismiss Claims Upon Entering Stipulation of Dismissal and Motion to Remand Case to State Court, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Text of Proposed Order Order on Motion to Dismiss Claims Upon Entering Stipulation of Dimissal and Motion to Remand Case to State Court)(Ogden, Paul) |
| Filing 75 BRIEF/MEMORANDUM in Support re #74 Second MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 74 Second MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 73 Witness List (Preliminary), filed by Defendant CORRECTIONAL MEDICAL SERVICES, INC., Exhibit List (Preliminary), filed by Defendant CORRECTIONAL MEDICAL SERVICES, INC.. (Dillon, Carol) |
| Filing 72 Witness List Preliminary, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 71 Exhibit List Preliminary, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 70 Witness List and Exhibit Lists, filed by Defendants COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT. (Downey, Storrs) |
| Filing 69 Initial Disclosures, filed by Defendants COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT.(Downey, Storrs) Modified to correct docket entry on 3/10/2009 (LBK). |
| Filing 68 NOTICE of Service of Initial Disclosures, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 67 NOTICE of Service of Initial Disclosures, filed by Defendant CORRECTIONAL MEDICAL SERVICES, INC.. (Dillon, Carol) |
| Filing 66 Witness List and Exhibit List, filed by Plaintiff THERESA ANNE CABLE. (Ogden, Paul) |
| Filing 65 ANSWER to #55 Amended Complaint, filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Mayes, Jonathan) |
| Filing 64 CERTIFICATE OF SERVICE by COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT re #63 Corporate Disclosure Statement (Downey, Storrs) |
| Filing 63 Corporate Disclosure Statement by COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT. (Downey, Storrs) |
| Filing 62 ENTRY ON FINAL PRETRIAL SCHEDULE AND TRIAL SETTING. Final Pretrial Conference set for 7/1/2010 at 09:00 AM in room #330 before Judge David Frank Hamilton. Jury Trial set for 7/12/2010 at 09:00 AM in room #344 before Judge David Frank Hamilton. See Entry. Signed by Judge David Frank Hamilton on 2/12/2009.(LBK) |
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Filing 61
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. [Docket No. 59]. Dispositive Motions due by 1/2/2010. Parties appeared by counsel on 2/9/09, for an initial pretrial conference. SCHEDULING ORDER: Pretrial/Settlement Conference set for 6/2/2009 01:30 PM in room #234 before Magistrate Judge Tim A. Baker. Clients shall be available by telephone throughout the duration of this conference. The purpose of the 6/2/09, pretrial/settlement conference is to address case status and settlement. CMP [Docket No. 58] is denied. Signed by Magistrate Judge Tim A. Baker on 2/10/09.(SWM)
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| Filing 60 OBJECTION to Defendant Sheriff Anderson's Case Management Plan by THERESA ANNE CABLE. Related document: #59 Case Management Plan Tendered by filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Ogden, Paul) |
| Filing 59 CASE MANAGEMENT PLAN TENDERED, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 MAGISTRATE JUDGES SUMMARY OF CASE MANAGEMENT PLAN)(Mayes, Jonathan) |
| Filing 58 CASE MANAGEMENT PLAN TENDERED, filed by Defendants COMMUNITY EDUCATION CENTERS, INC., CORRECTIONAL MEDICAL SERVICES, INC., NURSE FNU ALBRIGHT, Plaintiff THERESA ANNE CABLE. (Attachments: #1 Supplement Magistrate Summary for CMP)(Ogden, Paul) |
| Filing 57 ANSWER to #55 Amended Complaint, filed by CORRECTIONAL MEDICAL SERVICES, INC..(Dillon, Carol) |
| Filing 56 NOTICE of Appearance by Adam Lenkowsky on behalf of Plaintiff THERESA ANNE CABLE. (Lenkowsky, Adam) |
| Filing 55 PLAINTIFF'S SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL filed by THERESA ANNE CABLE.(LBK) |
| Filing 54 ENTRY ON PENDING MOTIONS: granting #39 Plaintiff's Motion for leave to file Second Amended Complaint; granting in part and denying in part #23 Motion for Judgment on the Pleadings. This motion is granted with respect to the state law claims and denied with respect to the federal law claims alleged on the Second Amended Complaint. The court denies plaintiff's informal request for sanctions. Signed by Judge David Frank Hamilton on 1/27/2009. (LBK) |
| Filing 53 RESPONSE in Opposition re #39 MOTION to Amend/Correct Complaint Instanter Response to Plaintiff's Request for Sanctions, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 52 MARGINAL ENTRY entered regarding deft Sheriff Frank Anderson's #46 Motion to Stay Discovery and Court Deadlines. Motion denied, provided, however that these issues may be revisited at the initial pretrial conference with the benefit of additional argument and input from all counsel. The 1/30/09, conference is reset for 10: a.m. 2/9/09. Signed by Magistrate Judge Tim A. Baker on 1/22/09. (SWM) |
| Filing 51 RESPONSE in Opposition re #46 MOTION to Stay Discovery and Court Deadlines, filed by Plaintiff THERESA ANNE CABLE. (Ogden, Paul) |
| Filing 50 REPLY in Support of Motion re #39 MOTION to Amend/Correct Complaint Instanter and Request for Sanctions, filed by Plaintiff THERESA ANNE CABLE. (Ogden, Paul) |
| Filing 49 Defendants, Community Education Centers, Inc. and Janet Albright ANSWER to #20 Amended Complaint, filed by COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT. (Attachments: #1 Supplement Notice of Filing)(Downey, Storrs) |
| Filing 48 RESPONSE in Opposition re #39 MOTION to Amend/Correct Complaint Instanter, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 47 BRIEF/MEMORANDUM in Support re #46 MOTION to Stay Discovery and Court Deadlines, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 46 MOTION to Stay Discovery and Court Deadlines, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 45 CERTIFICATE OF SERVICE by COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT re #44 Notice of Appearance (Downey, Storrs) |
| Filing 44 NOTICE of Appearance by Storrs W. Downey on behalf of Defendants COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT. (Downey, Storrs) |
| Filing 43 CERTIFICATE OF SERVICE by COMMUNITY EDUCATION CENTERS, INC., NURSE FNU ALBRIGHT re #42 Notice of Appearance (Kang, Carolyn) |
| Filing 42 NOTICE of Appearance by Carolyn E. Kang on behalf of Defendant NURSE FNU ALBRIGHT. (Kang, Carolyn) |
| Filing 41 MARGINAL ENTRY granting deft Nurse FNU Albright's #36 Motion for Extension of Time to File response to complaint to 1/20/09. Signed by Magistrate Judge Tim A. Baker on 1/8/09. (SWM) |
| Filing 40 NOTICE of Change of Firm Name, Change of Address, and Email Address by Anthony W. Overholt (Overholt, Anthony) |
| Filing 39 MOTION to Amend/Correct Complaint Instanter, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Exhibit A (Open Records Request), #2 Exhibit B (Second Amended Complaint))(Ogden, Paul) |
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Filing 38
SCHEDULING ORDER: Initial Pretrial Conference set for 1/30/2009 09:00 AM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than three business days prior to the ptc (See Order). Signed by Magistrate Judge Tim A. Baker on 12/29/08.(SWM)
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| Filing 37 CERTIFICATE OF SERVICE by NURSE FNU ALBRIGHT re #36 MOTION for Extension of Time to January 20, 2009 in which to #20 Amended Complaint (Agreed) (Downey, Storrs) |
| Filing 36 MOTION for Extension of Time to January 20, 2009 in which to #20 Amended Complaint (Agreed), filed by Defendant NURSE FNU ALBRIGHT. (Downey, Storrs) |
| Filing 35 REPLY in Support of Motion re #23 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 34 NOTICE OF ENLARGEMENT OF TIME, filed by Defendant NURSE FNU ALBRIGHT, re #20 Amended Complaint. (Kang, Carolyn) |
| Filing 33 RESPONSE in Opposition re #23 MOTION for Judgment on the Pleadings, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Exhibit A (Open Records Request))(Ogden, Paul) |
| Filing 32 Corporate Disclosure Statement by CORRECTIONAL MEDICAL SERVICES, INC. identifying Corporate Parent Valitas Health Services, Inc., Corporate Parent Valitas Parent, Inc., Corporate Parent Valitas Equity, LLC, Corporate Parent Valitas Bahamas Investments, Inc. for CORRECTIONAL MEDICAL SERVICES, INC... (Dillon, Carol) |
| Filing 31 NOTICE to File Corporate Disclosure Statement to CORRECTIONAL MEDICAL SERVICES, INC. (LAB) (LBK) |
| Filing 30 DEFENDANT CMS' ANSWER to #20 Amended Complaint, filed by CORRECTIONAL MEDICAL SERVICES, INC..(Dillon, Carol) |
| Filing 29 NOTICE of Withdrawal of Appearance by James F. Bleeke on behalf of NURSE FNU ALBRIGHT (Attachments: #1 Text of Proposed Order) (Bleeke, James) |
| Filing 28 NOTICE of Withdrawal of Appearance by Carol A. Dillon on behalf of NURSE FNU ALBRIGHT (Attachments: #1 Text of Proposed Order) (Dillon, Carol) |
| Filing 27 NOTICE of Appearance by Carolyn E. Kang on behalf of Defendant NURSE FNU ALBRIGHT. (Kang, Carolyn) |
| Filing 26 NOTICE of Appearance by Storrs W. Downey on behalf of Defendant NURSE FNU ALBRIGHT. (Downey, Storrs) |
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Filing 25
ORDER withdrawing deft Frank Anderson's #15 Motion for More Definite Statement. ORDER granting deft Frank Anderson's #22 Motion to Withdraw Document No. #15 . Signed by Magistrate Judge Tim A. Baker on 11/24/08. (SWM)
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| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Exhibit A Letter to Ogden, #2 Exhibit B Ogden E mails)(Mayes, Jonathan) |
| Filing 23 MOTION for Judgment on the Pleadings, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 22 MOTION to Withdraw Motion for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 21 ANSWER to #20 Amended Complaint, filed by MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Exhibit A CMS Agreement, #2 Exhibit B CEC Agreement)(Mayes, Jonathan) |
| Filing 20 AMENDED COMPLAINT and DEMAND for JURY TRIAL against all defendants, filed by THERESA ANNE CABLE.(SWM) |
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Filing 19
ORDER granting pltf's #18 Motion to Amend Complaint. Defts shall file a notice with the Court w/i 10 days indicating whether the amended complaint moots the pending motion for more definite statement. Signed by Magistrate Judge Tim A. Baker on 11/18/08. (SWM)
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| Filing 18 MOTION to Amend/Correct Complaint Instanter, filed by Plaintiff THERESA ANNE CABLE. (Attachments: #1 Text of Proposed Order Order on Motioin to Amend Complaint Instanter, #2 Exhibit A (Amended Complaint))(Ogden, Paul) |
| Filing 17 RESPONSE in Opposition re #15 MOTION for More Definite Statement, filed by Plaintiff THERESA ANNE CABLE. (Ogden, Paul) |
| Filing 16 NOTICE of Appearance by Paul K. Ogden on behalf of Plaintiff THERESA ANNE CABLE. (Ogden, Paul) |
| Filing 15 MOTION for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Mayes, Jonathan) |
| Filing 14 DEFENDANTS' ANSWER to Complaint OF PLAINTIFF, filed by CORRECTIONAL MEDICAL SERVICES, INC., NURSE FNU ALBRIGHT.(Dillon, Carol) |
| Filing 13 RECORDS RECEIVED from Marion County Superior Court 6. CCS Case Activity Report. (Attachments: #1 Complaint and Jury Demand, #2 Proof of Service Correctional Medical Services, #3 Proof of Service Nurse Albright, #4 Proof of Service Marion County Sheriff, #5 Appearance-Paul Ogden for Plaintiff, #6 Appearance-Anthony Overholt for Defendant Marion County Sheriff Frank Anderson, #7 Appearance-James Bleeke and Carol Dillon for Deft Correctional Medical Services and Sylvia Albright, #8 Deft Correctional Medical Service and Sylvia Albright's Mot. for Enl. of Time to Plead, #9 Appearance - Jonathan Mayes and Richard McDermott for Marion County Sheriff Frank Anderson, #10 Notice of Removal) (LBK) |
| Filing 12 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Schiferl, Kevin) |
| Filing 11 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Overholt, Anthony) |
| Filing 10 NOTICE of Appearance by James F. Bleeke on behalf of Defendants CORRECTIONAL MEDICAL SERVICES, INC., NURSE FNU ALBRIGHT. (Bleeke, James) |
| Filing 9 NOTICE of Appearance by Carol A. Dillon on behalf of Defendants CORRECTIONAL MEDICAL SERVICES, INC., NURSE FNU ALBRIGHT. (Dillon, Carol) |
| Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 7 NOTICE OF REMOVAL Supplement from Marion County Superior Court, case number 49D060808PL039026., filed by MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Supplement)(Mayes, Jonathan) |
| Filing 6 MAGISTRATE JUDGE'S NOTICE of Availability to Exercise Jurisdiction issued. (NS) |
| Filing 5 NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (NS) |
| Filing 4 NOTICE of Appearance by Richard G. McDermott on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (NS) |
| Filing 3 RECEIPT #IP008898 in the amount of $ 350.00 (NS) |
| Filing 2 CIVIL COVER SHEET, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (NS) |
| Filing 1 NOTICE OF REMOVAL from Marion County, case number 49D06-0808-PL-039026., filed by MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 State Court Record )(NS) |
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