HALL v. ARAMARK CORRECTIONAL SERVICES, LLC
| HALL and SCOTT HALL |
| ARAMARK LLC, ARAMARK FOOD SERVICES, ARAMARK CORRECTIONAL SERVICES, LLC and JASON ENGLISH |
| 2:2016cv00353 |
| September 12, 2016 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J Dinsmore |
| Denise K LaRue |
| Jane Magnus-Stinson |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2017. A more recent docket listing may be available from PACER.
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Filing 33
FINAL JUDGMENT - The Court having this day made its Entry directing the entry of final judgment, now enters FINAL JUDGMENT and this action is dismissed without prejudice. Signed by Judge Jane Magnus-Stinson on 7/19/2017.(RSF)
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Filing 32
Entry Granting Motion for Summary Judgment - Plaintiff Scott Hall is an Indiana inmate incarcerated at the Putnamville Correctional Facility ("Putnamville"). He brings this lawsuit pursuant to 42 U.S.C. 1983 against Aramark Food Services, the company which provides meals at that facility and Jason English, an Aramark employee. Hall states the following claims: that he has not been served nutritionally adequate meals causing him hunger pains and weight loss; (2) that he has been subjected to unsanitary conditions in the dining hall; and (3) that he has been subjected to overly hot dining conditions. Arguing that Hall failed to exhaust his available administrative remedies with respect to these claims before he filed this lawsuit, the defendants move for summary judgment. For the following reasons, the motion for summary judgment, dkt. #27 is granted. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 7/19/2017. (RSF)
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Filing 31
RESPONSE re #27 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies, filed by Plaintiff SCOTT HALL. (DW)
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Filing 30
NOTICE of Service of Notice Regarding Right to Respond and Submit Evidence in Opposition to Motion for Summary Judgment, filed by Defendants ARAMARK CORRECTIONAL SERVICES, LLC, JASON ENGLISH, re #27 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies. (Attachments: #1 Supplement Notice regarding right to respond) (Cody, Christopher)
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Filing 29
Designation of Evidence re #27 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies, #28 Brief/Memorandum in Support , filed by Defendants ARAMARK CORRECTIONAL SERVICES, LLC, JASON ENGLISH. (Attachments: #1 Exhibit A-Declaration of Lena Burrows)(Cody, Christopher)
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Filing 28
BRIEF/MEMORANDUM in Support re #27 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies , filed by Defendants ARAMARK CORRECTIONAL SERVICES, LLC, JASON ENGLISH. (Cody, Christopher)
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Filing 27
MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies, filed by Defendants ARAMARK CORRECTIONAL SERVICES, LLC, JASON ENGLISH. (Cody, Christopher)
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Filing 26
ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Magistrate Judge Mark J. Dinsmore. Judge Denise K. LaRue is no longer assigned to the case. Please included the new case number, 2:16-cv-00353-JMS-MJD, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 4/6/2017. (RSF)
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Filing 25
ENTRY Directing Development of Exhaustion Defense and Issuing Partial Stay - Accordingly, the defendants shall have through May 1, 2017, in which to either 1) file a dispositive motion in support of the affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this lawsuit. If a dispositive motion is filed, the plaintiff shall have twenty-eight (28) days in which to respond. The defendants shall then have fourteen (14) days in which to reply. In the answer, defendants Aramark LLC and Aramark Food Services note that the correct name is "Aramark Correctional Services, LLC." The clerk shall amend the caption to reflect that this is this defendant's name (See Entry). Signed by Judge Jane Magnus-Stinson on 3/21/2017.(DW)
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Filing 24
ANSWER to #1 Complaint , filed by ARAMARK FOOD SERVICES, ARAMARK LLC, JASON ENGLISH.(Cody, Christopher)
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Filing 23
NOTICE of address change for the Defendant ARAMARK, filed by Plaintiff SCOTT HALL (DW)
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Filing 22
CONSENT to Prisoner E-Service by SCOTT HALL located at PUTNAMVILLE CF. Pursuant to General Order 2013-1, documents submitted by SCOTT HALL 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. (DW)
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Filing 21
WAIVER OF SERVICE Returned Executed, filed by JASON ENGLISH, ARAMARK FOOD SERVICES, ARAMARK LLC. JASON ENGLISH waiver sent on 1/19/2017; ARAMARK FOOD SERVICES waiver sent on 1/19/2017; ARAMARK LLC waiver sent on 1/19/2017. (Cody, Christopher)
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Filing 20
NOTICE of Appearance by Christopher Douglas Cody on behalf of Defendants ARAMARK FOOD SERVICES, ARAMARK LLC, JASON ENGLISH. (Cody, Christopher)
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Filing 19
NOTICE of Lawsuit & Waiver Issued by Clerk to 1) Aramark LLC, 2) Aramark Food Services, 3) Jason English. (DW)
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Filing 18
ENTRY Directing Further Proceedings - Notice of Lawsuit and Request to Waive Service of a Summons forms sent to the defendants have been returned undelivered. The clerk is therefore again designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4 (d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Entry of November 9, 2016, and this Entry. Copy sent to parties listed in distribution via US Mail. Signed by Judge Jane Magnus-Stinson on 2/9/2017.(DW)
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Filing 17
Letter dated 1/31/2017 from CT Corporation Systems re Service on Aramark LLC: not listed - unable to forward. (Attachments: #1 Envelope) (DW)
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Filing 16
Letter dated 1/30/2017 from CT Corporation Systems re service on Aramark LLC: not listed - unable to forward. (Attachments: #1 Envelope) (DW)
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Filing 15
NOTICE of Lawsuit & Waiver Issued by Clerk to 1) Aramark LLC, 2) Aramark Food Services, 3) Jason English. (DW)
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Filing 14
ENTRY Directing Further Proceedings: Notice of Lawsuit and Request to Waive Service of a Summons forms sent to the defendants have not been returned. The clerk is therefore again designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendant in the manner specified by Rule 4(d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), the Entry of November 9, 2016, and this Entry. Copy sent to Plaintiff and Defendants via US Mail. Signed by Judge Jane Magnus-Stinson on 1/19/2017.(DW)
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Filing 12
NOTICE of Lawsuit & Waiver Issued by Clerk upon 1) Aramark LLC, 2) Aramark Food Services, 3) Jason English (RSF)
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Filing 11
ENTRY Screening Complaint and Directing Further Proceedings - Plaintiff Scott Hall is a prisoner currently incarcerated at Putnamville Correctional Facility ("Wabash Valley"). He brings this lawsuit pursuant to 42 U.S.C. 1983 alleging that his Eighth Amendment rights have been violated because he has received inadequate nutrition and because the dining facilities are unsanitary and too hot. Hall's Eighth Amendment claims that he has not been served nutritionally adequate meals causing him hunger pains and weight loss and that he has been subjected to unsanitary and overly hot dining conditions shall proceed against all defendants. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3). (See Entry.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 11/9/2016.(RSF)
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Filing 13
Correspondence REQUESTING COPY of Case Docket and Document(s) 1 and 8, filed by Scott Hall. Copy/Copies provided via US Mail. (Attachments: #1 Envelope) (DW)
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Filing 10
RECEIPT #IP052829 for partial filing fee in the amount of $25.34, paid by Plaintiff. (DJH)
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Filing 9
Entry, filed by Plaintiff SCOTT HALL. (Attachments: #1 Envelope)(BRR)
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Filing 8
Entry on Pending Motions - The motion to amend [dkt #5 ] is denied because it is not accompanied by a proposed amended complaint as required by Local Rule 15-1. If the plaintiff wishes to submit an amended complaint, he should be aware that the amended complaint will completely replace the initial complaint. The plaintiff's motion for assistance with recruiting counsel [dkt. #6 ] is denied as premature. The filing fee has not been paid, the complaint has not been screened, and the defendants have not been served. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/27/2016. (BRR)
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Filing 7
CONSENT to Jurisdiction to US Magistrate Judge by SCOTT HALL (does not consent). (Attachments: #1 Envelope)(BRR)
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Filing 6
MOTION to Appoint Counsel, filed by Plaintiff SCOTT HALL. (Attachments: #1 Envelope)(BRR)
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Filing 5
MOTION to Amend/Correct #1 Complaint and Add Exhibit, filed by Plaintiff SCOTT HALL. (Attachments: #1 Exhibit, #2 Envelope)(BRR)
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Filing 4
Entry - The plaintiff's motion to proceed in forma pauperis [dkt #2 ] is granted. He shall have through October 17, 2016, to pay an initial partial filing fee of $25.34. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 9/15/2016. (BRR) Modified on 9/15/2016 (BRR).
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Filing 3
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC)
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Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff SCOTT HALL. (Attachments: #1 Exhibits, #2 Envelope)(MAC)
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Filing 1
COMPLAINT against ARAMARK FOOD SERVICES, ARAMARK LLC, JASON ENGLISH, filed by SCOTT HALL. (No fee paid with this filing) (Attachments: #1 Exhibits, #2 Proposed Summons and Waivers, #3 Envelope)(MAC)
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