CORDELL v. CENTURION HEALTH OF INDIANA, LLC et al
| JAMES CORDELL |
| CHAYLYNN BALLENGER and CENTURION HEALTH OF INDIANA, LLC |
| 1:2024cv01675 |
| September 26, 2024 |
| U.S. District Court for the Southern District of Indiana |
| Matthew P Brookman |
| M Kendra Klump |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 15, 2024. A more recent docket listing may be available from PACER.
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Filing 14
Entry Directing Development of Exhaustion Defense and Issuing Partial Stay - The defendants have asserted the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit as required by the Prison Litigation Reform Act. This defense must be resolved before reaching the merits of this case. The exhaustion defense will be resolved pursuant to the following schedule. The defendants shall have through December 26, 2024, in which to either: file a dispositive motion in support of the exhaustion defense (including the Notice required by Local Rule 56-1(k)); file a notice with the Court specifically identifying the fact issue(s) that preclude resolution of this affirmative defense via a dispositive motion and requesting a Pavey hearing; or file a notice with the Court withdrawing the exhaustion defense.The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The movant shall then have fourteen (14) days in which to reply. SEE ORDER. Signed by Magistrate Judge M. Kendra Klump on 11/15/2024. Copy to Plaintiff via US Mail.(AAS)
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Filing 13
Order Screening Complaint - Because the plaintiff is a "prisoner," this Court must screen the complaint before service on the defendants. Plaintiff's Eighth Amendment deliberate indifference claims shall proceed against both defendants as pleaded in the complaint. The claim against Centurion shall proceed as a policy and practice claim. This summary of claims includes all the viable claims identified by the Court. Any other claim is dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through December 5, 2024, in which to file a motion to reconsider the screening order. Defendants have answered the complaint and raised the defense of failure to exhaust available administrative remedies. The Court will separately issue a scheduling order to facilitate resolution of that defense. (See Order.) Signed by District Judge Matthew P. Brookman on 11/6/2024. Copy to Plaintiff via US mail. (JSR)
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| Filing 12 RESPONSE to Answer, filed by Plaintiff JAMES CORDELL. (Attachments: #1 Envelope)(AJG) |
| Filing 11 MOTION for Jury Trial, filed by Plaintiff JAMES CORDELL. (Attachments: #1 Exhibit, #2 Cover Letter, #3 Envelope)(TPS) |
| Filing 10 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by CENTURION HEALTH OF INDIANA, LLC, CHAYLYNN BALLENGER.(Kanne, Roger) |
| Filing 9 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. Copy to plaintiff by U.S. Mail. (MEH) |
| Filing 8 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AAS) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) |
| Filing 6 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. Copy to plaintiff by U.S. Mail. (MEH) |
| Filing 5 NOTICE of Appearance by Steven J. Cohen on behalf of Defendants CHAYLYNN BALLENGER, CENTURION HEALTH OF INDIANA, LLC. (Cohen, Steven) |
| Filing 4 Rule 7.1 Disclosure Statement by CENTURION HEALTH OF INDIANA, LLC identifying Corporate Parent CENTENE CORPORATION, Corporate Parent CENTURION LLC, Corporate Parent MHM Services Inc for CENTURION HEALTH OF INDIANA, LLC.. (Kanne, Roger) |
| Filing 3 CIVIL COVER SHEET , filed by Defendants CHAYLYNN BALLENGER, CENTURION HEALTH OF INDIANA, LLC. (Kanne, Roger) |
| Filing 2 NOTICE of Appearance by Roger K. Kanne on behalf of Defendants CHAYLYNN BALLENGER, CENTURION HEALTH OF INDIANA, LLC. (Kanne, Roger) |
| Filing 1 NOTICE OF REMOVAL from Henry Circuit Court, case number 33C02-2404-PL-000022, filed by CHAYLYNN BALLENGER, CENTURION HEALTH OF INDIANA, LLC. (Filing fee $405, receipt number AINSDC-8354509) (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit Docket Summary)(Kanne, Roger) |
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