HARKNESS v. CCA OF TENNESEE, LLC et al
KEITH HARKNESS |
CCA OF TENNESEE, LLC doing business as CORRECTIONS CORPORATION OF AMERICA, CORRECTIONAL MEDICAL SERVICES and MARION COUNTY SHERIFF FRANK ANDERSON |
1:2009cv01049 |
August 26, 2009 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Marion |
Tim A Baker |
Larry J McKinney |
Civil Rights: Other |
28 U.S.C. § 1441 Petition for Removal |
Both |
Docket Report
This docket was last retrieved on September 20, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 89 The Court acknowledges the receipt of the parties' Stipulation of Dismissal with Prejudice. Plaintiffs claims against CMS are hereby dismissed with prejudice. (REO) |
Filing 88 STIPULATION of Dismissal, filed by Defendant CORRECTIONAL MEDICAL SERVICES, Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 87 Letter to Marion County Clerk from Clerk re: remand (REO) |
Filing 86 CLOSED JUDGMENT - The remaining claims are REMANDED to the Marion County Superior Court under cause no. 49D02-0908-CT-036782, with the exception of the settlement reached between Harkness and defendant, Correctional Medical Services, over which the Court will retain jurisdiction. Judgment is ENTERED accordingly. Signed by Judge Larry J. McKinney on 8/20/2010.(REO) |
Filing 85 ORDER - the Court construes the plaintiff's Notice of Dismissal (Dkt. No. 60) as a motion to amend his Complaint and GRANTS Harkness leave to amend his complaint by eliminating his sole federal claim. In addition, the Court GRANTS Harkness' Motion to Remand (Dkt. No. 61). This case is hereby REMANDED to the Marion County Superior Court with the exception of the settlement reached between Harkness and defendant, Correctional Medical Services, overwhich the Court will retain jurisdiction. Signed by Judge Larry J. McKinney on 8/20/2010. (REO) |
Filing 84 Entry and Notice: The plaintiff's motion for telephone conference with Magistrate or Judge #82 been considered and, being considered, is denied (see Entry and Order for other details). Signed by Judge Larry J. McKinney on 8/15/2010. (SWM) |
Filing 83 MOTION To Reset Dates in Conjunction with Telephone Conference, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 82 MOTION for Telephone Conference With Magistrate or Judge, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 81 ORDER - In the absence of a showing that the Marion County Sheriff has been delegated by Harkness' custodian, the Indiana Department of Correction, to perform the actions sought in the revised motion to transport inmate (dkt 80), or that Harkness has been placed in the custody of the Marion County Sheriff, that motion must be denied. Signed by Judge Larry J. McKinney on 7/27/2010. (REO) |
Filing 80 MOTION to Transport Inmate (Revised), filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 79 ORDER granting pltf's #78 Motion to extend deadline for filing stipulation of dismissal as to deft CMS to 8/15/2010. Signed by Magistrate Judge Tim A. Baker on 7/19/2010. (SWM) |
Filing 78 MOTION TO EXTEND DEADLINE FOR FILING STIPULATION OF DISMISSAL AS TO DEFENDANT CMS, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 77 ORDER re #64 MOTION To Transport Inmate Keith Harkness For Medical Examination - Having rescinded its order of June 22, 2010, the court again turns to the proper disposition of the plaintiff's motion to transport. The plaintiff is in the custody of state authorities, not the United States Marshals Service. Any arrangements for the plaintiff to be examined at an outside clinic must be made through the agency having custody of him, not through judicial fiat. The motion to transport inmate is DENIED. Signed by Judge Larry J. McKinney on 7/13/2010.(REO) |
Filing 76 ENTRY AND NOTICE re #66 Order on Motion - The order of June 22, 2010, was improvidently issued and is therefore rescinded. Signed by Judge Larry J. McKinney on 7/13/2010.(REO) |
Filing 75 REPLY in Support of Motion re #61 MOTION to Remand Case to the Marion County Superior Court, filed by Plaintiff KEITH HARKNESS. (Ogden, Paul) |
Filing 74 ORDER denying as moot #73 Motion for Extension of Time to File dispostitive motion. The Order, docket no. 72, ordered that dispositive motions be filed on or before five (5) days after the date of the Court's Order on the pending motion to remand and was not specific to any certain party. Signed by Judge Larry J. McKinney on 6/29/2010. (REO) |
Filing 73 Unopposed MOTION for Extension of Time to File a Dispositive Motion Pending a Ruling on Motion to Remand, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Will, Alexander) |
Filing 72 ORDER granting #71 Motion for Extension of Time to File Dispositive Motions - dispositive motions are to be filed on or before five (5) days after the date of the Courts Order on the pending motion to remand if filing such dispositive motions is still appropriate after the Courts ruling. Signed by Judge Larry J. McKinney on 6/28/2010. (REO) |
Filing 71 Unopposed MOTION for Extension of Time to 5 Days After Order on Pending Motion to Remand in which to #70 Response in Opposition to Motion Enlarge Dispositive Motions Deadline, filed by Defendant CCA OF TENNESEE, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Hahn, William) |
Filing 70 RESPONSE in Opposition re #61 MOTION to Remand Case to the Marion County Superior Court, filed by Defendant CCA OF TENNESEE, LLC. (Hahn, William) |
Filing 69 NOTICE of Appearance by Jennifer Lynn Haley on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Haley, Jennifer) |
Filing 68 ORDER granting pltf's #65 Motion for Extension of Time to File stipulation of dismissal as to deft CMS to 7/15/2010. Signed by Magistrate Judge Tim A. Baker on 6/22/2010. (SWM) |
Filing 67 ORDER granting deft CCA of Tennessee LLC's #63 Motion for Extension of Time to File dispositive motions. Dispositive motions due by 6/27/2010. Signed by Magistrate Judge Tim A. Baker on 6/22/2010. (SWM) |
Filing 66 ORDER granting #64 Motion to Transport Inmate Keith Harkness. Bryan Pearson, Superintendent of the Edinburgh Correctional Facility,Indiana Department of Corrections, shall release Keith Harkness, DOC Number 174326, for the purpose of being examined by Dr. Norman Mindrebo of Carmel Ambulatory Surgery Center, 13421 Old Meridian Street, Suite 202, Carmel, IN 46032, on Thursday, July 1, 2010 at 4:30 pm. The United States Marshall shall provide transportation for said inmate from the Edinburgh Correctional Facility to the medical examination and then back again at the conclusion of the examination. Signed by Judge Larry J. McKinney on 6/22/2010. (LBK) |
Filing 65 Unopposed MOTION for Extension of Time to 7/15/2010 to File Stipulation of Dismissal as to Defendant CMS, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 64 MOTION To Transport Inmate Keith Harkness For Medical Examination, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 63 MOTION for Extension of Time to June 27, 2010 to Enlarge Dispositive Motions Deadline, filed by Defendant CCA OF TENNESEE, LLC. (Attachments: #1 Text of Proposed Order)(Hahn, William) |
Filing 62 ENTRY approving #60 Notice of Voluntary Dismissal of Federal Claim, filed by KEITH HARKNESS. Signed by Judge Larry J. McKinney on 6/14/2010. (Marginal Notation)(TRG) |
Filing 61 MOTION to Remand Case to the Marion County Superior Court, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 60 NOTICE of Voluntary Dismissal of Federal Claim, filed by Plaintiff KEITH HARKNESS (Ogden, Paul) |
Filing 59 ORDER granting pltf's #57 Motion for Extension of Time to File stipulation of dismissal as to deft CMS to 6/15/2010. Signed by Magistrate Judge Tim A. Baker on 5/17/2010. (SWM) |
Filing 58 ORDER granting #56 Motion to Withdraw as Attorney. Attorney Jonathan Lamont Mayes withdrawn. Signed by Judge Larry J. McKinney on 5/14/2010. (TRG) |
Filing 57 Unopposed MOTION for Extension of Time to 6/15/2010 File Stipulation of Dismissal as to CMS, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
Filing 56 MOTION to Withdraw the Appearance of Jonathan L. Mayes, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Will, Alexander) Modified on 5/12/2010 (TRG). |
Filing 55 NOTICE of Appearance by Alexander Phillip Will on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Will, Alexander) |
Filing 54 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Telephone Status Conference held on 4/1/2010. Discussion held regarding discovery, settlement, and related matters. Plaintiff and Defendant Correctional Medical Services have resolved their claims, and these parties shall file a stipulation of dismissal as to these claims within 45 days. Plaintiff and Defendant Marion County Sheriff Frank Anderson stipulated that Plaintiff is not asserting any federal claims against Sheriff Anderson. Accordingly, by agreement the pending motion to dismiss #35 is denied in part as moot to the extent that Defendant Anderson seeks dismissal of any federal claims the Plaintiffmay have been asserting against him. The motion to dismiss otherwise remains pending. Signed by Magistrate Judge Tim A. Baker.(SWM) |
Filing 53 ENTRY RESETTING TELEPHONIC STATUS CONFERENCE: IT IS HEREBY ORDERED by the Court that the above referenced cause is reset for a telephonic status conference on April 1, 2010, at 2:00 p.m. This represents only a change in the time the conference will begin. All requirements set forth in the Court's order of November 19, 2009 [Docket No. 33] remain in effect. Signed by Magistrate Judge Tim A. Baker on 3/19/2010.(SWM) |
Filing 52 ORDER granting #51 Motion to Withdraw as Attorney. Attorney Nicole R. Kelsey withdrawn. Signed by Judge Larry J. McKinney on 2/12/2010. (TRG) |
Filing 51 MOTION to Withdraw as Attorney Nicole R. Kelsey, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Kelsey, Nicole) |
Filing 50 REPLY in Support of Motion re #35 MOTION to Dismiss and Response to Plaintiff's Request for Sanctions, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 49 Witness List Preliminary, filed by Defendant CCA OF TENNESEE, LLC, Exhibit List Preliminary, filed by Defendant CCA OF TENNESEE, LLC. (Hahn, William) |
Filing 48 ORDER granting deft Frank Anderson's #47 Motion for Extension of Time to File Reply re #35 MOTION to Dismiss and Request for Sanctions. Reply due by 1/14/2010. Signed by Magistrate Judge Tim A. Baker on 12/30/2009. (SWM) |
Filing 47 Unopposed MOTION for Extension of Time to 1/14/2010 to file reply to #35 MOTION to Dismiss, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order Order Granting Defendant's Motion for Enlargement of Time to Reply to Plaintiff's Brief)(Kelsey, Nicole) |
Filing 46 Witness List Preliminary, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 45 Exhibit List Preliminary, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 44 Witness List, filed by Defendant CORRECTIONAL MEDICAL SERVICES, Exhibit List, filed by Defendant CORRECTIONAL MEDICAL SERVICES. (Crandall, Jeb) |
Filing 43 Submission of CMS Contract (Exhibit A) (Resubmission), filed by Plaintiff KEITH HARKNESS. (Ogden, Paul) |
Filing 42 RESPONSE in Opposition re #35 MOTION to Dismiss, filed by Plaintiff KEITH HARKNESS. (Attachments: #1 Exhibit CMS Contract, #2 Exhibit CCA Contract, #3 Exhibit Notice of Tort Claim)(Ogden, Paul) |
Filing 41 NOTICE of Service of Rule 26(A)(1) Initial Disclosures, filed by Defendant CORRECTIONAL MEDICAL SERVICES (Crandall, Jeb) |
Filing 40 NOTICE of Service of Initial Disclosures, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 39 NOTICE of Settlement Demand, filed by Plaintiff KEITH HARKNESS (Ogden, Paul) |
Filing 38 Witness List Preliminary, filed by Plaintiff KEITH HARKNESS. (Ogden, Paul) |
Filing 37 Exhibit List Preliminary, filed by Plaintiff KEITH HARKNESS. (Ogden, Paul) |
Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION to Dismiss, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 35 MOTION to Dismiss, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Kelsey, Nicole) |
Filing 34 SCHEDULING ORDER: Having approved the Amended Case Management Plan, the Court hereby VACATES the April 29, 2011 Final Pretrial Conference and May 16, 2011 Jury Trial. The Court RESETS the Jury Trial to begin on Monday, December 13, 2010, at 9:30 a.m., in Courtroom 202, and the Final Pretrial Conference for Friday, November 19, 2010, at 9:00 a.m., in Room 204, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Larry J. McKinney on 11/23/2009.(TRG) |
Filing 33 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED (Amended CMP). Dispositive Motions due by 6/17/2010. Parties appeared by counsel on 11/10/2009 for an initial pretrial conference. Status Conference set for 4/1/2010 09:00 AM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of the April 1, 2010, telephonic status conference is to address case status and settlement (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 11/19/09.(SWM) Modified on 11/20/2009 (SWM). |
Filing 32 SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the Jury Trial to begin on Monday, May 16, 2011, at 9:30 a.m., in Courtroom 202, and the Final Pretrial Conference for Friday, April 29, 2011, at 9:00 a.m., in Room 204, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Larry J. McKinney on 11/17/2009.(TRG) |
Filing 31 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 11/4/2010. Parties appeared by counsel on 11/10/2009, for an initial pretrial conference. Status Conference set for 4/1/2010 09:00 AM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of the April, 2010, telephonic status is to address case status and settlement (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 11/13/09.(SWM) |
Filing 30 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff KEITH HARKNESS, Defendants CCA OF TENNESEE, LLC, CORRECTIONAL MEDICAL SERVICES, MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Magistrate Summary)(Ogden, Paul) |
Filing 29 Corporate Disclosure Statement by CORRECTIONAL MEDICAL SERVICES identifying Corporate Parent Valitas Equity, LLC for CORRECTIONAL MEDICAL SERVICES.. (Crandall, Jeb) |
Filing 28 NOTICE to File Corporate Disclosure Statement to CORRECTIONAL MEDICAL SERVICES. (LAB) (TRG) |
Filing 27 ORDER granting deft Frank Anderson's #25 Motion for Extension of Time to File response to complaint to 11/30/09. Signed by Magistrate Judge Tim A. Baker on 10/22/09. (SWM) |
Filing 26 ANSWER to Complaint, filed by CORRECTIONAL MEDICAL SERVICES.(Crandall, Jeb) |
Filing 25 MOTION for Extension of Time to 11/30/2009 to Answer Plaintiff's Complaint, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Kelsey, Nicole) |
Filing 24 ORDER on Motion for More Definite Statement - Motion for More Definite Statement (Dkt. No. #11 ) is denied. Signed by Judge Larry J. McKinney on 10/6/2009. (TRG) |
Filing 23 ORDER granting deft Correctional Medical Service's #19 Motion for Extension of Time to File response to complaint to 10/28/09. Signed by Magistrate Judge Tim A. Baker on 10/2/2009. (SWM) |
Filing 22 Corrections Corporation of America's ANSWER to Complaint, filed by CCA OF TENNESEE, LLC.(Hahn, William) |
Filing 21 SCHEDULING ORDER: Initial Pretrial Conference set for 11/10/2009 01:30 PM 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 for other details). Signed by Magistrate Judge Tim A. Baker on 9/29/09.(SWM) |
Filing 20 NOTICE of Appearance by James F. Bleeke on behalf of Defendant CORRECTIONAL MEDICAL SERVICES. (Bleeke, James) |
Filing 19 MOTION for Extension of Time to October 28, 2009, filed by Defendant CORRECTIONAL MEDICAL SERVICES. (Attachments: #1 Text of Proposed Order Order)(Crandall, Jeb) |
Filing 18 NOTICE of Appearance by Jeb Adam Crandall on behalf of Defendant CORRECTIONAL MEDICAL SERVICES. (Crandall, Jeb) |
Filing 17 REPLY in Support of Motion re #11 MOTION for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 16 RESPONSE in Opposition re #11 MOTION for More Definite Statement, filed by Plaintiff KEITH HARKNESS. (Ogden, Paul) |
Filing 15 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Overholt, Anthony) |
Filing 14 Corporate Disclosure Statement by CCA OF TENNESEE, LLC identifying Corporate Parent CORRECTIONS CORPORATION OF AMERICA for CCA OF TENNESEE, LLC. (Hahn, William) Modified on 9/14/2009 (TRG). |
Filing 13 NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
Filing 12 BRIEF/MEMORANDUM in Support re #11 MOTION for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 11 MOTION for More Definite Statement, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Kelsey, Nicole) |
Filing 10 NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 9 NOTICE of Appearance by Nicole R. Kelsey on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Kelsey, Nicole) |
Filing 8 NOTICE to File Corporate Disclosure Statement to CCA OF TENNESEE, LLC and CORRECTIONAL MEDICAL SERVICES. (LAB) (TRG) |
Filing 7 NOTICE of Parties' First Extension of Time, filed by Defendant CCA OF TENNESEE, LLC. (AAM) |
Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) |
Filing 5 NOTICE of Appearance by William A. Hahn on behalf of Defendant CCA OF TENNESEE, LLC. (AAM) |
Filing 4 NOTICE OF FILING (Certificate of Filing in State Court) by CCA OF TENNESEE, LLC., d/b/a Corrections Corporation of America. (AAM) Modified on 8/27/2009 (TRG). |
Filing 3 RECEIPT #IP014178 in the amount of $ 350.00 (AAM) |
Filing 2 CIVIL COVER SHEET, filed by Defendants CCA OF TENNESEE, LLC, CORRECTIONAL MEDICAL SERVICES, MARION COUNTY SHERIFF FRANK ANDERSON. (AAM) |
Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D02-0908-CT-036782., filed by all defendants. (Attachments: #1 State Court Record: Appearance, Summons, and Complaint,)(AAM) |
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