STANLEY v. WEXFORD HEALTH SERVICES INC. et al
| DAVID A. STANLEY |
| BYRD, ROBERTSON, WEXFORD HEALTH SERVICES INC. and WEXFORD OF INDIANA, LLC |
| 2:2020cv00294 |
| June 8, 2020 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| 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 December 22, 2021. A more recent docket listing may be available from PACER.
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Filing 27
RECEIPT #IP070267 for partial filing fee in the amount of $2.62, paid by plaintiff. (AKH)
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Filing 26
ENTRY - The plaintiff's deadline to respond to the pending motion for summary judgment on the issue of exhaustion of administrative remedies, dkt #17 , is extended until further order. A deadline to respond to Defendants' pending motion for summary judgment will be established by separate order. Signed by Magistrate Judge Mark J. Dinsmore on 8/3/2020.(KAA)
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Filing 25
MOTION to Appoint Counsel, filed by Plaintiff DAVID A. STANLEY. (AAS)
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Filing 24
ENTRY - granting #21 Motion to Appoint Counsel to the extent that the Court will attempt to recruit counsel to assist the plaintiff with, at a minimum, his response to the motion for summary judgment on the issue of exhaustion. The clerk is directed to include a blank copy of the Motion for Assistance with Recruiting Counsel with the plaintiff's copy of this Entry. The plaintiff shall complete and sign the form and file it not later than August 20, 2020. Signed by Judge Jane Magnus-Stinson on 7/22/2020. (Attachments: #1 Motion for Counsel Form) (KAA)
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Filing 23
SECOND NOTICE of Lawsuit & Waiver Issued by Clerk upon Dr. Robertson. (KAA)
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Filing 22
ENTRY DIRECTING REISSUANCE AND SERVICE OF PROCESS - The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to re-issue process to defendant Dr. Robertson in the manner specified by Rule 4(d). Distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 7/21/2020.(KAA)
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Filing 21
MOTION to Appoint Counsel, filed by Plaintiff DAVID A. STANLEY. (JRB)
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Filing 20
NOTICE of Right to Reply, filed by Defendants BYRD, WEXFORD OF INDIANA, LLC, re #17 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) . (Rinehart, Angela)
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Filing 19
Designation of Evidence re #18 Brief/Memorandum in Support , filed by Defendants BYRD, WEXFORD OF INDIANA, LLC. (Attachments: #1 Exhibit A - Wellington Aff., #2 Exhibit B - IDOC Grievance Process, #3 Exhibit C - Grievance History Report, #4 Exhibit D - Admission and Orientation Records)(Rinehart, Angela)
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Filing 18
BRIEF/MEMORANDUM in Support re #17 MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants BYRD, WEXFORD OF INDIANA, LLC. (Rinehart, Angela)
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Filing 17
MOTION for Summary Judgment (Exhaustion of Administrative Remedies) , filed by Defendants BYRD, WEXFORD OF INDIANA, LLC. (Attachments: #1 Text of Proposed Order)(Rinehart, Angela)
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Filing 16
ENTRY DIRECTING DEVELOPMENT OF EXHAUSTION DEFENSE AND ISSUING PARTIAL STAY - The defendants' exhaustion defense will be resolved pursuant to the following schedule. Dr. Byrd and Wexford shall have through August 13, 2020, in which to either: SEE ORDER. 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. Except for activities associated with the development and resolution of these defendants' affirmative defense that the plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are STAYED.. Signed by Magistrate Judge Mark J. Dinsmore on 7/1/2020.(JRB)
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Filing 15
NOTICE of Appearance by Douglass R. Bitner on behalf of Defendants BYRD, WEXFORD OF INDIANA, LLC. (Bitner, Douglass)
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Filing 14
ANSWER to #2 Complaint , Jury Demand and Affirmative Defenses, filed by BYRD, WEXFORD OF INDIANA, LLC.(Rinehart, Angela)
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Filing 13
Corporate Disclosure Statement by WEXFORD OF INDIANA, LLC identifying Corporate Parent THE BANTRY GROUP CORPORATION for WEXFORD OF INDIANA, LLC.. (Rinehart, Angela)
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Filing 12
NOTICE of Appearance by Angela Marie Rinehart on behalf of Defendants BYRD, WEXFORD OF INDIANA, LLC. (Rinehart, Angela)
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Filing 11
WAIVER OF SERVICE Returned Executed, filed by BYRD. BYRD waiver sent on 6/11/2020. (Rinehart, Angela)
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Filing 10
WAIVER OF SERVICE Returned Executed, filed by WEXFORD OF INDIANA, LLC. WEXFORD OF INDIANA, LLC waiver sent on 6/11/2020. (Rinehart, Angela)
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Filing 9
RECEIPT #IP069729 for partial initial partial filing fee in the amount of $2.21, paid by Plaintiff. (REO)
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Filing 8
Documents to be Sent via Electronic Notice - re #2 Complaint, #7 NOTICE of Lawsuit & Waiver Issued by Clerk, #6 Order on Motion for Leave to Proceed in forma pauperis Electronic Notice to Wexford. 1) Dr. Robertson; 2) Dr. Byrd; and 3) Wexford of Indiana, LLC. (KAA)
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Filing 7
NOTICE of Lawsuit & Waiver Issued by Clerk upon 1) Dr. Robertson; 2) Dr. Byrd; and 3) Wexford of Indiana, LLC. (KAA)
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Filing 6
ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND DIRECTING ISSUANCE AND SERVICE OF PROCESS - granting #3 Motion for Leave to Proceed in forma pauperis. The plaintiff is assessed an initial partial filing fee of Four Dollars and Eighty-Three Cents ($4.83). He shall have through July 10, 2020, to pay this sum to the clerk of the district court. If Mr. Stanley believes that additional claims were alleged in the complaint but not identified by the Court, he shall have through July 8, 2020, in which to identify those claims. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Dr. Robertson, Dr. Byrd, and Wexford in the manner specified by Rule 4(d). Wexford is understood to be Wexford of Indiana, LLC. The clerk is directed to modify the docket accordingly.The clerk is directed to serve Wexford of Indiana, LLC, electronically. Defendants Dr. Robertson at RDC and Dr. Byrd at Wabash Valley are identified as employees of Wexford. A copy of this Entry shall be served on Wexford electronically. Distributed as directed. Signed by Judge Jane Magnus-Stinson on 6/11/2020. (KAA)
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Filing 5
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)
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Filing 4
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, DAVID A. STANLEY. (Attachments: #1 Certified Counselors Statement and Affidavit of Special Circumstances)(DJH)
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Filing 2
COMPLAINT against BYRD, ROBERTSON, and WEXFORD HEALTH SERVICES INC., filed by DAVID A. STANLEY. (No fee paid with this filing) (Attachments: #1 Consent to Magistrate Judge)(DJH)
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Filing 1
CONSENT to Prisoner E-Service by DAVID A. STANLEY located at WVCF. Pursuant to General Order 2013-1, documents submitted by DAVID A. STANLEY 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. (DJH)
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