VERMILLION v. WEXFORD OF INDIANA, LLC et al
| JAY F. VERMILLION |
| MARTIAL R. KNIESER, PAUL A. TALBOT, MONICA GIPSON, SHERRI WILSON, WEXFORD OF INDIANA, LLC, LESLEY A. CRANE, ARAMARK FOOD SERVICES, INC. and MICHAEL A. MITCHEFF |
| 1:2021cv01278 |
| May 21, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 13 Mail Returned as undeliverable. #8 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #7 Order sent to ARAMARK FOOD SERVICES, INC.. (AAS) |
| Filing 12 Mail Returned as undeliverable. #2 Complaint #8 NOTICE of Lawsuit & Waiver Issued by Clerk, #7 Order sent to MICHAEL A. MITCHEFF, 9245 N. Meridian St. Indianapolis, IN 46260. (AAS) Modified on 7/28/2021 (AAS). |
Filing 11
Order Granting Motion to Dismiss Unexhausted Claims and Dismissing Without Prejudice All Claims Against Defendant Michael Mitcheff - The motion to dismiss unexhausted claims, dkt. #10 , is granted, and all claims against Dr. Mitcheff are dismissed without prejudice. No partial judgment shall issue at this time. The clerk is directed to terminate Michael Mitcheff as a defendant on the docket. SEE ORDER. Signed by Judge Richard L. Young on 7/19/2021. (JRB)
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| Filing 10 MOTION to Dismiss Unexhausted Claims, filed by Plaintiff JAY F. VERMILLION. (JRB) |
| Filing 9 Documents to be Sent via Electronic Notice - re #8 NOTICE of Lawsuit & Waiver Issued by Clerk, #2 Complaint, #7 Order Electronic Notice to Wexford. Documents sent to parties via US Mail. (AAS) |
| Filing 8 NOTICE of Lawsuit & Waiver Issued by Clerk Regarding 1) Wexford of Indiana, LLC; 2) Dr. Mitcheff; 3) Dr. Knieser; 4) Dr. Talbot; 5) Ms.Wilson; 6) Aramark Food Services, Inc. (AAS) |
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Filing 7
Order Screening Complaint, Dismissing Insufficient Claims, and Directing Issuance of Process - Mr. Vermillion's Eighth Amendment claims for damages shall proceed against Wexford of Indiana, LLC, Dr. Mitcheff, Dr. Knieser, Dr. Talbot, Ms. Wilson, and Aramark Food Services, Inc. His claims against Ms. Gipson and Ms. Crane are dismissed. The clerk is directed pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process to defendants (1) Wexford of Indiana, LLC; (2) Dr. Mitcheff; (3) Dr. Knieser; (4) Dr. Talbot; (5) Ms. Wilson; and (6) Aramark Food Services, Inc. in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. #2 , applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The defendants shall respond to Mr. Vermillion's motion for preliminary injunction, dkt. #6 , when they file their answers. Dr. Mitcheff, Dr. Knieser Dr. Talbot, and Ms. Wilson are identified as employees of Wexford of Indiana, LLC. A copy of this Order and the process documents shall be served on Wexford electronically. Wexford is ORDERED to provide the full name and last known home address of any defendant who does not waive service if they have such information. This information may be provided to the court informally or may be filed ex parte. The clerk is directed to terminate Monica Gipson and Lesley Crane as defendants on thedocket. SEE ORDER. Signed by Judge Richard L. Young on 7/13/2021.(AAS)
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| Filing 6 MOTION for Preliminary Injunction, filed by Plaintiff JAY F. VERMILLION. (Attachments: #1 Exhibit)(JRB) |
| Filing 5 RECEIPT #IP074118 for filing fee in the amount of $402.00, paid by K. Johnson on behalf of JAY VERMILLION. (DJH) |
| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (TMC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 COMPLAINT against ARAMARK FOOD SERVICES, INC., LESLEY A. CRANE, MONICA GIPSON, MARTIAL R. KNIESER, MICHAEL A. MITCHEFF, PAUL A. TALBOT, WEXFORD OF INDIANA, LLC, SHERRI WILSON, filed by JAY F. VERMILLION. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Cover Letter)(REO) |
| Filing 1 CONSENT to Prisoner E-Service by JAY F. VERMILLION located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by JAY F. VERMILLION to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (REO) |
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