Reece v. Carey
Reece and Joshua Reece |
Shelby County, Kentucky, Shelby County, Kentucky doing business as Shelby County Detention Center, Bobby Waits, Southern Health Partners, Inc., Dr. Ronald Waldridge, Stacy Jensen, LPN Kristy Newton, LPN Heather Neal, LPN Geri McClain, Heather Lowe, Christy Coleman, Christy Bailey, William Anthony Carey and John Does |
3:2016cv00069 |
September 8, 2016 |
US District Court for the Eastern District of Kentucky |
Frankfort Office |
Shelby |
Edward B Atkins |
Gregory F VanTatenhove |
Prisoner Petitions (Prison Condition) |
42 U.S.C. § 1983 Prisoner Civil Rights |
Both |
Docket Report
This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 303 TRANSCRIPT of Proceedings: FINAL PRETRIAL CONFERENCE held on 06/23/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CAROLYN S. PETITT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/14/2022. Release of Transcript Restriction set for 9/12/2022. |
Filing 302 TRANSCRIPT of Proceedings: EXCERPTED TRANSCRIPT OF JURY TRIAL - DAY 3 OF 3 DAYS - TRIAL TESTIMONY OF WILLIAM ANTHONY CAREY held on 07/08/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CAROLYN S. PETITT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/14/2022. Release of Transcript Restriction set for 9/12/2022. |
Filing 301 TRANSCRIPT of Proceedings: EXCERPTED TRANSCRIPT OF JURY TRIAL - DAY 1 OF 3 DAYS - TRIAL TESTIMONY OF WILLIAM ANTHONY CAREY held on 07/06/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: CAROLYN S. PETITT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/14/2022. Release of Transcript Restriction set for 9/12/2022. |
NOTICE TO COURT REPORTER to Sandy Wilder of ORDINARY Transcript Request re #279 Jury Trial, #270 Pretrial Conference - Final, #276 Jury Trial, #300 Transcript Request. cc: Sandy Wilder. (JJ) |
Filing 300 TRANSCRIPT REQUEST for proceedings held 6/23/21, 7/6/21 & 7/8/21 by William Anthony Carey. (Petitt, Carol) Modified text on 4/22/2022 (JJ). |
Filing 299 USCA Case Number 22-5276 Case Manager Julie Anne Connor for #296 Notice of Appeal filed by William Anthony Carey. (CBD) |
Filing 298 APPEAL Filing fee received - $ 505.00, receipt number 3002776 re Notice of Appeal by William Anthony Carey re #296 (CBD) cc. 6CCA Clerk. Modified text on 4/7/2022 (CBD). |
Filing 297 USCA Case Number 22-5275 Case Manager Julie Anne Connor for #295 Notice of Appeal filed by Joshua Reece. (CBD) |
Filing 296 NOTICE OF APPEAL as to #293 Judgment, #275 Order on Motion in Limine by William Anthony Carey. (Petitt, Carol) Modified text on 4/7/2022 (CBD). |
NOTICE OF DEFICIENCY TO Carol Petit re #296 Notice of Appeal. ***Error: attorney failed to submit the appropriate $505.00 filing fee; within 7 calendar days, attorney shall submit the $505.00 filing fee to the Clerk. cc: COR (CBD) |
Filing 295 NOTICE OF APPEAL as to #293 Judgment, #294 Memorandum Opinion & Order by Joshua Reece. Filing fee $ 505, receipt number AKYEDC-5235604. (Ward, David) Modified text on 4/6/2022 (CBD). |
Filing 294 MEMORANDUM OPINION & ORDER: 1. Plaintiff's Motion for Attorneys' Fees [R. #287 ] is GRANTED in part and DENIED in part; 2. The Defendant SHALL PAY Plaintiff a total of $254,221 in attorneys' fees for the work performed by Garry R. Adams and David N. Ward; 3. The Defendant SHALL PAY Plaintiff a total of $6,875 to compensate the Plaintiff for the time spent preparing the Motion for Attorneys' Fees, and; 4. The Defendant SHALL PAY a total of $8,028.54 for litigation costs. Signed by Judge Gregory F. Van Tatenhove on 2/7/2022.(JJ)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #287 MOTION for Attorney Fees by Joshua Reece (JJ) |
Filing 293 JUDGMENT: The Court HEREBY ENTERS Final Judgment in favor of Plaintiff Joshua Reece on the Jury's damages findings. It is FURTHER ORDERED that Plaintiff's Motion for an Extension [R. #288 ] is GRANTED and Plaintiff's Motion for Attorney's Fees [R. #287 ] has "the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59." Signed by Judge Gregory F. Van Tatenhove on 9/21/2021.(JJ)cc: COR |
Filing 292 ORDER: Plaintiff's #290 Motion for Extension of Time to File Reply is hereby GRANTED. Signed by Judge Gregory F. Van Tatenhove on 9/21/2021. (JJ)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #290 MOTION for Extension of Time to File Response/Reply by Joshua Reece (JJ) |
Filing 291 REPLY to Response to Motion re #287 MOTION for Attorney Fees by Joshua Reece filed by Joshua Reece. (Attachments: #1 Exhibit 1 (Adversary Complaint), #2 Exhibit 2 (Declaration))(Ward, David) |
Filing 290 MOTION for Extension of Time to File Response/Reply by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 289 RESPONSE to #287 filed by William Anthony Carey. (Petitt, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #288 MOTION for Extension of Time to file Notice of Appeal by Joshua Reece (JJ) |
Filing 288 MOTION for Extension of Time to file Notice of Appeal by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) Modified text on 8/9/2021 (JJ). |
Filing 287 MOTION for Attorney Fees by Joshua Reece . (Attachments: #1 Exhibit 1 (CJ Article), #2 Exhibit 2 (Adams Decl.), #3 Exhibit 3 (Ward Decl.), #4 Exhibit Ex. 4 (Laffey Matrix), #5 Exhibit 5 (Belzley Declaration), #6 Exhibit 6 (Poppe Declaration), #7 Exhibit 7 (Green Opinion), #8 Exhibit 8 (Costs), #9 Proposed Order)(Ward, David) Modified ref. on 2/8/2022 (CBD). |
Filing 286 UNREDACTED JURY VERDICT Sealed pursuant to #285 REDACTED Jury Verdict (JJ) |
Filing 285 Redacted JURY VERDICT. (JJ) |
Filing 284 Jury Questions. (JJ) |
Filing 283 Jury Instructions. (JJ) |
Filing 282 Jury Seating Arrangement. (CBD) |
Filing 281 WITNESS AND EXHIBIT LIST for Jury Trial held 7/6/2021-7/9/2021. (CBD) |
Filing 280 MINUTE ENTRY ORDER FOR JURY TRIAL - DAY 4: before Judge Gregory F. VanTatenhove: Plaintiffs oral motion for Directed Verdict as it relates to his medical bills is DENIED AS MOOT. Closing argumentsof Counsel were heard. The Court read jury instructions to the jury and they were released to deliberate. Jury retires to deliberate at 12:50 p.m.; Jury returns at 3:50 p.m. The Clerk of the Court is directed to file the questions tendered from the Jury into the record. An order outlining the Courts directions regarding an agreed judgment based on the verdict of the jury is forthcoming. Jury Polled. Signed by Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (CBD)cc: COR |
Filing 279 MINUTE ENTRY ORDER FOR JURY TRIAL (Day 3) held on 7/8/2021 before Judge Gregory F. Van Tatenhove: intro pltf evidence resumed and concluded; dft evidence began and concluded; JURY TRIAL is CONTINUED to 7/9/2021 at 09:30 AM in FRANKFORT before Judge Gregory F. Van Tatenhove; Dft oral motion for Carey to appear via videoconference is GRANTED; Pltf's oral motion for directed verdict is TAKEN UNDER ADVISEMENT; Plft's oral motion for Mistrial is DENIED. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,Fkt |
ORAL MOTION for directed verdict by Joshua Reece. (JJ) |
Motions Taken Under Advisement: ORAL MOTION for directed verdict. (JJ) |
Filing 277 ORDER: 1. Defendant's Oral Motion is GRANTED; 2. Defendant Carey SHALL appear at trial by videoconference; 3. The parties SHALL arrange with FCI Fort Dix to have Mr. Carey available for a videoconference appearance no later than 4 p.m. on July 8, 2021; and 4. The Warden of FCI Fort Dix SHALL make the necessary arrangements to permit Defendant Carey to confer with his counsel by video conference at least thirty (30) minutes before his testimony. Signed by Judge Gregory F. Van Tatenhove on 7/8/2021.(JJ)cc: COR |
Filing 278 MINUTE ENTRY ORDER FOR JURY TRIAL (Day 2) held on 7/7/2021 before Judge Gregory F. Van Tatenhove: jury impaneled and sworn; intro pltf evidence resumed, but not concluded; JURY TRIAL to CONTINUED to 7/8/2021 at 09:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,Fkt |
Filing 276 MINUTE ENTRY ORDER FOR JURY TRIAL (Day 1) held on 7/6/2021 before Judge Gregory F. Van Tatenhove: Jury impaneled and sworn; pltf evidence entered, but not concluded; JURY TRIAL CONTINUED to 7/7/2021 at 09:30 AM in FRANKFORT before Judge Gregory F. Van Tatenhove; dft's oral motion for separation of witnesses is GRANTED; parties tendered joint statement of the case to the Court; all jurors qualified by the Court; opening statements were heard. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,Fkt |
Filing 275 ORDER: 1. Pla's Motion in Limine to Bar Defendant Carey from Changing his Testimony R. #257 is GRANTED; 2. Pla's Motion in Limine to Bar Dft Carey from Testifying about his Subjective Intent for Directing the Assault of Pla R. #259 is DENIED; and 3. Pla's Motion in Limine to Bar Evidence Relating to Pla's Prior and Subsequent Arrests R. #261 is GRANTED in part and DENIED in part for the abovementioned reasons. Signed by Judge Gregory F. VanTatenhove on 6/29/21. (MJY)cc: COR |
Filing 274 ORDER: 1. The parties' Agreed Motion [R. #269 ] is GRANTED; 2. Defendant Carey SHALL appear at trial by videoconference as set forth in this Court's previous Order [R. #268 ]; and 3. The Warden of FCI Fort Dix SHALL make the necessary arrangements to permit Defendant Carey to confer with his counsel by video conference to prepare for trial no later than Friday, July 2, 2021 at a mutually agreeable time. Signed by Judge Gregory F. Van Tatenhove on 6/28/2021. (JJ)cc: COR |
Filing 273 Witness List by Joshua Reece. (Ward, David) |
Filing 272 Witness List by William Anthony Carey. (Fuller, Adam) |
Filing 271 RESPONSE to Motion re #261 MOTION in Limine by Joshua Reece Exclude Prior Crimes, #259 MOTION in Limine by Joshua Reece Bar Testimony of Defendant's Subjective Intent, #257 MOTION in Limine by Joshua Reece Bar Defendant From Changing 5th Amend Testimony filed by William Anthony Carey. (Fuller, Adam) |
Filing 269 AGREED MOTION for Order by William Anthony Carey For Defendant to Appear At Trial Via Videoconference Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Petitt, Carol) Modified text on 6/24/2021 (MJY). |
***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #269 MOTION for Order by William Anthony Carey For Defendant to Appear At Trial Via Videoconference. (MJY) |
Filing 270 MINUTE ENTRY ORDER FOR FINAL PRETRIAL CONFERENCE held on 6/23/2021 before Judge Gregory F. Van Tatenhove: Attorney Chris J. Gadansky and Defendant William Anthony Carey were present via telephone; The Court heard parties and being advised, hereby ORDERS as follows: 1. Parties agree that the only remaining claim is for damages. For the reasons stated on the record, Shelby County, Kentucky, Bobby Waits, Christy Bailey and the John Doe parties are all DISMISSED as parties to this action. 2. Defendant's Motion in Limine, R. #255 , is GRANTED IN PART AND DENIED IN PART for the reasons stated on the record. More specifically, any reference to Financial condition or status of the parties is DENIED WITHOUT PREJUDICE. Otherwise, this motion is GRANTED. 3. Plaintiff's Motion in Limine to Bar Unidentified Expert Witnesses, or in the Alternative, Limit the Testimony of Dr. Shraberg, R. #256 , is GRANTED IN PART AND DENIED IN PART for the reasons stated on the record. 4. Plaintiff's Motions in Limine to Bar Testimony about Collateral Source Benefits, R. #258 and Motion in Limine Defendant William Carey from Introducing Evidence or Questioning Plaintiff about his Tattoos, R. #260 , are GRANTED. 5. Plaintiffs Motions in Limine to Bar Defendant William Carey from Changing his Testimony, R. #257 , Motion in Limine to Bar Defendant William Carey from Testifying about his Subjective Intent for Directing the Assault of Plaintiff, R. #259 and Motion in Limine to Bar Evidence Relating to Plaintiffs Prior and Subsequent Arrests, R. #261 , are TAKEN UNDER ADVISEMENT. Counsel for defendant shall have until Friday, June 25, 2021, to file any further briefing on these matters. 6. Parties agree the length of trial is three (3) days. The Jury Trial is scheduled to begin on July 6, 2021, at the hour of 10:00 a.m., with counsel present at 9:30 a.m., in Frankfort, Kentucky. 7. The Court will have the Clerk of the Court call 40 Jurors. The Court has reviewed the CDC guidance as it relates to Covid-19. Initially, all jurors shall wear a mask. Once the jury is empaneled, they may choose to dispose their mask if vaccinated. The Court shall conduct voir dire of prospective jurors. Counsel will be given an additional 15 minutes for any follow-up questions they may have. After any follow up questions, the Court will hear any motions for Strikes for Cause at the bench. 8. The Court will seat ten (10) jurors for trial. The plaintiff and defendant shall each have three (3) peremptory challenges pursuant to F.R.C.P 47. The strikes shall be exercised simultaneously during a recess and the first ten (10) not stricken will comprise the jury. 9. During trial, parties shall stand when addressing the Court. During opening and closing statement counsel shall use the podium. All objections shall be heard at the bench. 10. Should parties settle this matter, they shall file a notice into the record immediately. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,Fkt |
Filing 268 ORDER: 1) The Writ of Habeas Corpus Ad Testificandum R. #240 is QUASHED; and 2) The parties SHALL arrange with FCI Fort Dix to have Mr. Carey available for a videoconference appearance at the proper time so that he may testify at trial. Signed by Judge Gregory F. VanTatenhove on 6/23/21.(MJY)cc: COR, USM |
Filing 267 ORDER: 1. Mr. Gadansky's Motion [R. #266 ] is GRANTED; and 2. To join the teleconference, Mr. Gadansky is DIRECTED to call AT&T Teleconferencing at 1-877-336-1280 and enter Access Code 2086161 (followed by #), and, when requested, enter the Security Code 09170 (followed by #). Signed by Judge Gregory F. Van Tatenhove on 6/22/2021. (JJ)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #266 MOTION for Leave TO ATTEND FINAL PRETRIAL CONFERENCE TELEPHONICALLY by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (JJ) |
Filing 266 MOTION for Leave TO ATTEND FINAL PRETRIAL CONFERENCE TELEPHONICALLY by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits Motions no longer referred. (Attachments: #1 Proposed Order Granting Motion for Leave)(Gadansky, Chris) Modified text on 6/23/2021 (JJ). |
Filing 265 ORDER: 1. Defendant Carey's Motion for Leave to Attend Final Pretrial Conference Electronically [R. #263 ] is GRANTED; 2. The Final Pretrial Conference shall remain set for Wednesday, June 23, 2021, at the hour of 11:00 a.m. in Frankfort, Kentucky and Mr. Carey will be permitted to join the conference telephonically; and 3. The parties are ORDERED to contact FCI Fort Dix to ensure that he is present for the final pretrial conference; and4. The parties are ORDERED to provide a phone number at FCI Dort Dix that the Court may call before the final pretrial conference to have Mr. Carey on the phone for the hearing. Signed by Judge Gregory F. Van Tatenhove on 6/22/2021.(JJ)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #264 Objections to #249 Plaintiff's Exhibits (JJ) |
Filing 264 OBJECTIONS to #249 Plaintiff's Exhibits filed by William Anthony Carey. (Fuller, Adam) |
Filing 263 MOTION for Leave by William Anthony Carey Motion for Leave to Attend Final Pretrial Conference Remotely Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Petitt, Carol) |
Filing 262 OBJECTIONS to Defendant's Exhibits filed by Joshua Reece. (Ward, David) |
Filing 261 MOTION in Limine by Joshua Reece Exclude Prior Crimes Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #260 MOTION in Limine by Joshua Reece Tattoos, #256 MOTION in Limine by Joshua Reece Exclude Undisclosed Experts, #258 MOTION in Limine by Joshua Reece Collateral Source, #259 MOTION in Limine by Joshua Reece Bar Testimony of Defendant's Subjective Intent, #257 MOTION in Limine by Joshua Reece Bar Defendant From Changing 5th Amend Testimony, #255 MOTION in Limine by William Anthony Carey re references, allegations, reports and expenses (JJ) |
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #241 Memorandum Opinion & Order - no response. (JJ) |
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #261 MOTION in Limine by Joshua Reece Exclude Prior Crimes, #263 MOTION for Leave by William Anthony Carey Motion for Leave to Attend Final Pretrial Conference Remotely, ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #262 Objections (JJ) |
Filing 260 MOTION in Limine by Joshua Reece Tattoos Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 259 MOTION in Limine by Joshua Reece Bar Testimony of Defendant's Subjective Intent Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 258 MOTION in Limine by Joshua Reece Collateral Source Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 257 MOTION in Limine by Joshua Reece Bar Defendant From Changing 5th Amend Testimony Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 256 MOTION in Limine by Joshua Reece Exclude Undisclosed Experts Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit 1 (Shraberg Report), #2 Exhibit 2 (UofL Record), #3 Exhibit 3 (Unpublished Cases), #4 Proposed Order)(Ward, David) |
Filing 255 MOTION in Limine re references, allegations, reports and expenses by William Anthony Carey Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit Exhibit A - PL's Response to ROGS and RFPD, #2 Exhibit Exhibit B - Pl's 3rd Supp Resp to Shelby County)(Petitt, Carol) Modified text on 6/21/2021 (JJ). |
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #253 Proposed Voir Dire, #254 Proposed Findings of Fact, #245 Proposed Jury Instructions, #250 Witness List, #251 Trial Brief, #244 Exhibit List, #252 Proposed Jury Instructions, #248 Witness List, #246 Proposed Voir Dire, #249 Exhibit List, #247 Trial Brief (JJ) |
Filing 254 Proposed Findings of Fact by Joshua Reece. (Ward, David) |
Filing 253 Proposed Voir Dire by Joshua Reece. (Ward, David) |
Filing 252 Proposed Jury Instructions by Joshua Reece. (Ward, David) |
Filing 251 TRIAL BRIEF by Joshua Reece. (Ward, David) |
Filing 250 Witness List by Joshua Reece. (Ward, David) |
Filing 249 Exhibit List by Joshua Reece.. (Ward, David) |
Filing 248 Witness List by William Anthony Carey. (Fuller, Adam) |
Filing 247 TRIAL BRIEF by William Anthony Carey. (Fuller, Adam) |
Filing 246 Proposed Voir Dire by William Anthony Carey. (Fuller, Adam) |
Filing 245 Proposed Jury Instructions by William Anthony Carey. (Fuller, Adam) |
Filing 244 Exhibit List by William Anthony Carey.. (Fuller, Adam) |
Filing 243 ORDER: It is hereby ORDERED that the parties' Joint Motion [R. #242 ] is GRANTED and all claims in this matter as between Joshua Reece and the Southern Health Partners Defendants shall be, and hereby are, DISMISSED WITH PREJUDICE with each party to pay their own costs and fees. Signed by Judge Gregory F. Van Tatenhove on 6/15/2021.(JJ)cc: COR |
Filing 242 Proposed Agreed Order of Dismissal by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 241 MEMORANDUM OPINION & ORDER: 1. Plaintiff Joshua Reece's Motion for Summary Judgment [R. #155 ] is DENIED in part, as it pertains to Reece's 42 U.S.C. 1985 claim against Defendant William Anthony Carey; and 2. Defendant William Anthony Carey is hereby DIRECTED to file a supplemental brief addressing the continued viability of Reece's Kentucky common law aiding and abetting claim within 7 days of the entry of this Order. Defendant Carey's brief should be no more than 4 pages. Signed by Judge Gregory F. Van Tatenhove on 6/9/2021.(JJ)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #242 Proposed Agreed Order of Dismissal by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (JJ) |
Filing 240 ORDER: 1. Plaintiff's Motion for Writs of Habeas Corpus Ad Testificandum [R. #239 ] is GRANTED; 2. The Warden SHALL DELIVER witness William Carey to the United States Marshal for the Eastern District of Kentucky; 3. The Marshal SHALL DELIVER William Carey in custody before the United States District Court in Frankfort, Kentucky, on Tuesday, July 6, 2021, at the hour of 9:00 a.m., to testify in the jury trial of the present case; and 4. The Marshal SHALL SAFELY KEEP William Carey in custody until he is no longer needed as a witness, at which time the Marshal SHALL RETURN WilliamCarey to the custody of the Warden. Signed by Judge Gregory F. Van Tatenhove on 6/7/2021.(JJ)cc: COR,USM |
Filing 239 MOTION for Writ of Habeas Corpus ad testificandum by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order, #2 Attachment Writ of Habeas Corpus Ad Testificandum)(Ward, David) |
Filing 238 NOTICE OF INTENT TO PURSUE FAILURE TO INTERVENE CLAIM AT TRIAL by Joshua Reece (Ward, David) Modified text on 5/26/2021 (JJ). |
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #237 RESPONSE to #236 Plaintiff's Supplemental Brief (JJ) |
Filing 237 RESPONSE to #236 Plaintiff's Supplemental Brief filed by William Anthony Carey. (Petitt, Carol) |
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #236 RESPONSE (JJ) |
Filing 236 SUPPLEMENTAL BRIEFING REGARDING THE CONTINUED VIABILITY OF REECES CLAIMS FOR CONSPIRACY AS WELL AS AIDING AND ABETTING AGAINST DEFENDANT CAREY re #234 Court's Request for Supplemental Briefing filed by Joshua Reece. (Ward, David) Modified text on 6/11/2021 (JJ). |
Filing 235 ORDER: Dfts Motion in Limine R. #212 is DENIED WITHOUTPREJUDICE. If necessary, Dfts may refile this Motion at a time closer to the rescheduled trial date. (MJY)cc: COR |
Filing 234 MEMORANDUM OPINION & ORDER: 1. Southern Dfts' Motion for Summary Judgment [R. #152 ] is GRANTED in part and DENIED in part, consistent with the findings of this Order; 2. Pltf Joshua Reece's Motion for Summary Judgment [R. #155 ] is GRANTED in part and DENIED in part, consistent with the findings of this Order 3. Shelby County Dfts' Motion for Summary Judgment [R. #156 ] is GRANTED in part and DENIED in part, consistent with the findings of this Order; 4. Pltf's 1983 claims against Dft Southern Health Partners, as set forth in Count I, are DISMISSED; 5. Pltf's 1983 claims against Dfts Neal, Lowe, Coleman, Jensen, and Waldridge, as set forth in Count I, are DISMISSED; 6. Pltf's 1983 claims against Dft Shelby County, as set forth in Count I of the Complaint, are DISMISSED; 7. Plaintiffs 1983 claims against Defendants Waits and Bailey, as set forth in Count Iof the Complaint, are DISMISSED; 8. Pltf's 1983 claims against Dfts Newton and McClain, as set forth in Count I of the Complaint, remain; 9. Pltf's negligence claims against Dfts Waldridge and Neal, as set forth in Count II of the Complaint, are DISMISSED; 10. Pltfs negligence claims against Dfts Coleman, Jensen, Newton, Neal, McClain and Lowe, as set forth in Count II of the Complaint, will be dismissed in part and retained in part. Specifically, Mr. Reece's claims for damages relating to loss of income will be dismissed, but his claim for pain and suffering will remain; 11. Pltf's negligence claims against Dfts Waits and Bailey, as set forth in Count II of the Complaint, are DISMISSED; 12. Pltf's intentional infliction of emotional distress claims against all Southern and Shelby County Dfts, as set forth in Count III of the Complaint, are DISMISSED; 13. Pltf's 42 U.S.C. 1985 conspiracy claims against all Southern and Shelby County Dfts, as set forth in Count IV of the Complaint, are DISMISSED; 14. Pltf is entitled to partial summary judgment on his 1983 claim against Dft Carey, as set forth in Count I of the Complaint. The issue of damages remains outstanding; 15. Pltf's negligence and intentional infliction of emotional distress claims against Dft Carey, as set forth in Counts II and III of the Complaint, remain; 16. Pltf may refile to address the 42 U.S.C. 1985 conspiracy claim against Dft Carey, consistent with the directives of this Order; 17. Shelby County Dfts' Motion for Leave to File Excess Pages [R. #195 ] is GRANTED;18. Pltf's Motion for Leave to File a Response to Southern Dfts' Motion inLimine [R. #227 ] is GRANTED; and 19. Pltf and Southern Dfts' Joint Motion to Hold in Abeyance Ruling on Southern Dfts' Motion in Limine [R. #228 ] is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 3/17/2021.(JJ)cc: COR |
Filing 233 ORDER: FINAL PRETRIAL CONFERENCE is RESCHEDULED for 6/23/2021 at 11:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 1/26/2021.(JJ)cc: COR, Frankfort |
Filing 232 NOTICE OF APPEARANCE by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (McKiernan, James) |
Filing 231 ORDER: 1. JURY TRIAL is CONTINUED to 7/6/2021 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove, counsel by 9:30 a.m. 2. The pretrial deadlines set forth in the Courts Standing Pretrial and Trial Management Order shall be relative to this new trial date. Signed by Judge Gregory F. Van Tatenhove on 1/21/2021.(JJ)cc: COR, Frankfort Clerk |
Filing 230 VIRTUAL ORDER: granting #195 Motion for Leave to File Excess Pages. Signed by Judge Gregory F. VanTatenhove on 12/23/2020. (CBD)cc: COR |
Filing 229 GENERAL ORDER 20-23 - COURT OPERATIONS RELATED TO COVID-19: 1. all civil and criminal trials in this judicial district scheduled to begin 1/19/2021 through 3/15/2021 are CONTINUED GENERALLY. 2. Criminal matters before magistrate judges shall continue subject to General Order 20-22. 3. Any matter involving attorney or party who is ill or in high-risk category may be rescheduled by presiding judge. 4. Subject to intervening orders, Grand Juries continue to meet as scheduled. 5. FINDING time period identified in paragraph 1 excluded under STA. 6. Clerk of Court remain open for business. USP and all other court services remain open, subject to intervening orders. Signed by Judge Danny C. Reeves on 12/21/2020.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #227 MOTION for Leave by Joshua Reece to File Response to SHP Defs Motions in Limine (CBD) |
Filing 228 JOINT MOTION for Order by Joshua Reece for Court to Hold in Abeyance Ruling on the SHP Defendants Motionsin Limine (D.N. 212) until such time the Court rules on all other motions in limine in the case . (Attachments: #1 Proposed Order)(Ward, David) Modified text on 10/7/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #228 JOINT MOTION for Order for Court to Hold in Abeyance Ruling on the SHP Defendants Motion in Limine (D.N. 212) until such time the Court rules on all other motions in limine in the case (CBD) |
Filing 227 MOTION for Leave by Joshua Reece to File Response to SHP Defs Motions in Limine . (Attachments: #1 Exhibit 1 (Expert Disclosure), #2 Proposed Order)(Ward, David) Modified ref. text on 10/5/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #212 MOTION in Limine by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (SCD) |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #224 Supplemental Reply and #225 Supplemental Briefing re #152 Motion for Summary Judgment (SCD) |
Filing 226 NOTICE OF FILING by Joshua Reece re #225 RESPONSE Exhibit (Attachments: #1 Exhibit 1 (Dahring Report))(Ward, David) |
Filing 225 Supplemental Briefing re #152 Motion for Summary Judgment filed by Joshua Reece, per #222 Order. (Ward, David) Modified on 9/14/2020 (SCD). (Additional attachment(s) added on 9/14/2020: #1 Exhibit 1 - Dahring Report) (SCD). |
Filing 224 Supplemental REPLY to #152 Motion for Summary Judgment filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. Supplemental Reply in Support of Motion for Summary Judgment filed per #222 Order (Attachments: #1 Exhibit Deposition Excerpts Dr. Waldridge, #2 Exhibit Contract, #3 Exhibit Deposition Excerpts R. Dahring)(Brannon, Margaret) Modified on 8/31/2020 (SCD). |
Filing 223 ORDER: On the Court's own motion, the FINAL PRETRIAL CONFERENCE is RESCHEDULED to 2/10/2021 at 1:30 PM in FRANKFORT before Judge Gregory F. VanTatenhove. Signed by Judge Gregory F. VanTatenhove on 8/31/2020.(JJ)cc: COR,FC |
Filing 222 ORDER: 1) SHP Defendants are DIRECTED to file a supplemental memo addressing the propriety of summary judgment on the identified claims (see order). 2) SHP Defendants must file their supplemental memo w/in 10 days of the date of this Order. 3) Plaintiff is entitled to respond to the memo w/in 10 days of filing. 4) Parties' briefs should be no more than 15 pages. Given the limited issues to be addressed, any motion for leave to file excess pages will be disfavored. Signed by Judge Gregory F. Van Tatenhove on 8/20/2020.(SCD)cc: COR |
Filing 221 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 8/19/2020, before Judge Gregory F. Van Tatenhove: 1) JURY TRIAL is rescheduled for 2/22/2021 at 10:00 AM in FRANKFORT (5-6 days), counsel present at 9:30 AM. 2) FPTC rescheduled relative to new trial date. Date set in subsequent order. 3) Court requires additional briefing on the pending dispositive motions. Separate order shall issue setting briefing schedule. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #220 REPLY to #205 Motion to Continue (SCD) |
Filing 220 REPLY to #205 Motion to Continue Joint Motion to Continue filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Exhibit - Letter from Administrator of Hartsville Health & Rehab)(Brannon, Margaret) Modified on 8/18/2020 (SCD). |
NOTICE OF DOCKET MODIFICATION TO Margaret Brannon re #220 REPLY: Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (SCD) |
Filing 219 ORDER: It is ordered that the #208 Motion for Leave to Attend Final PTC Remotely is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 8/13/2020. (SCD)cc: COR |
Filing 218 Corrected Witness List by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) Modified on 8/12/2020 (SCD). |
Filing 217 NOTICE OF FILING of Corrected Witness List at #218 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (Brannon, Margaret) Modified on 8/12/2020 (SCD). |
Filing 216 Proposed Findings of Fact by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 215 TRIAL BRIEF by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 214 Proposed Voir Dire by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 213 Proposed Jury Instructions by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 212 MOTION in Limine re Any Reference to Liability Insurance, Any Reference to Other Claims/Lawsuits, Any Reference to Financial Condition/Status of the Parties, Any Criticisms of SHP Defendants that Have Not Been Previously Disclosed, Any Evidence or Statements re Marketing/Advertising, Any Evidence re SHPs' Contract with Shelby County Detention Center, Any Evidence Criticizing SHP for Not Discipling Employees, Preclude Punitive Damage Evidence, Standard of Care - Non-Experts, Prohibit Clips/Sound Bites, Expert Testimony Being Limited to Disclosure, Medical Testimony State in Terms of "Possibility", Expert Reports, Future Medical Expenses by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridgeins. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Brannon, Margaret) Modified on 8/12/2020 (SCD). |
Filing 211 Witness List by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 210 Exhibit List by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.. (Brannon, Margaret) |
Filing 209 ORDER: 1) #205 JOINT MOTION to Continue is GRANTED in part and DENIED in part. 2) The FPTC currently scheduled for 8/19/2020 is CONVERTED to a TELEPHONIC STATUS CONFERENCE on 8/19/2020 at 4:30 PM. 3) To join the teleconference, parties are DIRECTED to call AT&T Teleconferencing (see order). 4) Submission of pretrial filings as set forth in the Scheduling Order are not required prior to the status conference and will be further addressed at that time. Signed by Judge Gregory F. Van Tatenhove on 8/11/2020.(SCD)cc: COR |
Filing 208 MOTION Attend Final Pretrial Conference Remotely by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Proposed Order)(Brannon, Margaret) Modified on 8/12/2020 (SCD). |
Filing 207 MEMORANDUM OPINION & ORDER: 1) #201 Objections are OVERRULED in part and SUSTAINED in part. 2) #202 Objections are OVERRULED in part and SUSTAINED in part. 3) #196 Report and Recommendation is ADOPTED in part consistent w the findings. 4) #153 Motion to Exclude is GRANTED in part and DENIED in part. 5) #157 Motion to Exclude is GRANTED. Signed by Judge Gregory F. Van Tatenhove on 8/10/2020. (SCD)cc: COR |
Filing 206 RESPONSE to Motion re #205 JOINT MOTION to Continue Final Pretrial Conference and Trial Date by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge, Bobby Waits, Shelby County, Kentucky, Christy B filed by Joshua Reece. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 205 JOINT MOTION to Continue Final Pretrial Conference and Trial Date by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge, Bobby Waits, Shelby County, Kentucky, Christy Bailey. (Attachments: #1 Proposed Order)(Brannon, Margaret) Modified on 8/7/2020 (SCD). |
Filing 204 ORDER: 1) #203 Motion for Leave to Attend Final PTC Electronically is GRANTED. 2) FPTC shall remain set for 8/19/2020 at 11 AM in Frankfort and Mr. Saas will be permitted to join the conference telephonically. 3) To join the Final PTC, Mr. Saas is DIRECTED to call AT&T Teleconferencing (see order). Signed by Judge Gregory F. Van Tatenhove on 8/5/2020. (SCD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #196 Recommended Disposition (SCD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #203 MOTION for Leave to Attend Final Pretrial Conference Electronically by William Anthony Carey (SCD) |
Filing 203 MOTION for Leave to Attend Final Pretrial Conference Electronically by William Anthony Carey. (Attachments: #1 Proposed Order)(Petitt, Carol) Modified on 8/3/2020 (SCD). |
Filing 202 OBJECTIONS to #196 Magistrate Judge's Recommended Disposition filed by Joshua Reece. (Attachments: #1 Exhibit 1 (Dahring CV), #2 Exhibit 2 (Dahring Report), #3 Proposed Order)(Ward, David) |
Filing 201 OBJECTION to #196 Report and Recommendations filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Exhibit Plaintiff's Supplemental Disclosures, #2 Exhibit Deposition Renee Dahring, #3 Exhibit Renee Dahring Report, #4 Exhibit Plaintiff's Amended Expert Disclosures)(Brannon, Margaret) |
Filing 200 NOTICE of Cancellation of Deposition by William Anthony Carey (Petitt, Carol) Modified on 7/13/2020 (SCD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #156 MOTION for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (SCD) |
Filing 199 RESPONSE and Objection to Plaintiffs Supplemental Authority on Fifth Amendment Inference [DKT 197] to #198 Order re #156 Motion for Summary Judgment filed by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Proposed Order Striking Plaintiff Supplemental Authority on Fifth Amendment Inference)(Gadansky, Chris) Modified on 7/10/2020 (SCD). |
Filing 198 ORDER: 1. Plaintiff's Motion for Leave to File Supplemental Authority #197 is GRANTED; 2. Shelby County Defendants may file a response to the supplemental authority cited in Plaintiff's motion for leave within seven (7) days of the date of this Order. Defendants' response, inclusive of any exhibits, shall be no more than five (5) pages. Defendant' motion for summary judgment #156 will then stand submitted for the Court's review.. Signed by Judge Gregory F. VanTatenhove on 7/7/2020. (CBD)cc: COR |
Filing 197 MOTION for Leave by Joshua Reece to Submit Supplemental Authority re #156 MOTION for Summary Judgment. (Attachments: #1 Proposed Order)(Ward, David) Modified link on 7/6/2020 (CBD). |
Filing 196 RECOMMENDED DISPOSITION: It is RECOMMENDED 1) #153 MOTION to Exclude Testimony of Plaintiff's Expert Renee Dahring be GRANTED IN PART and DENIED IN PART, 2) #157 MOTION to Exclude Testimony of Plaintiff's Expert Witness Renee Dahring be GRANTED. Objections must be filed w/in 14 days of the date of service. May respond to objections w/in 14 days of being served. Signed by Magistrate Judge Edward B. Atkins on 7/1/2020.(SCD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #195 MOTION for Leave to File Excess Pages by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (SCD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #156 MOTION for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (SCD) |
Filing 195 MOTION for Leave to File Excess Pages by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Granting Defendants' Motion for Leave to Exceed Page Limit of Reply)(Gadansky, Chris) |
Filing 194 REPLY to Response to Motion re #156 MOTION for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits filed by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Exhibit A - September 8, 2015 SARN)(Gadansky, Chris) |
Filing 193 REPLY to Response to #152 Motion for Summary Judgment filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. in Support of Motion for Summary Judgment (Attachments: #1 Exhibit Sharron Hardin Statement, #2 Exhibit Excerpt Dr. Edelson Deposition)(Brannon, Margaret) Modified on 6/30/2020 (SCD). |
NOTICE OF DOCKET MODIFICATION TO Margaret Brannon re #193 REPLY: Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (SCD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #153 MOTION to Exclude Testimony of Plaintiff's Expert Renee Dahring by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (SCD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #152 MOTION for Summary Judgment by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (SCD) |
Filing 192 REPLY to #153 MOTION to Exclude Testimony of Plaintiff's Expert Witness Renee Dahring filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) Modified on 6/30/2020 (SCD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #155 MOTION for Summary Judgment against Defendant William Carey by Joshua Reece (SCD) |
Filing 191 REPLY to Response to Motion re #155 MOTION for Summary Judgment against Defendant William Carey by Joshua Reece filed by Joshua Reece. (Ward, David) |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #157 MOTION to Exclude Testimony of Plaintiff's Expert Witness Renee Dahring (CBD) |
Filing 190 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; incorrect pdf; re #189 Order on Motion to Amend/Correct ; Correct document attached to this entry. cc: COR (JJ) |
Filing 189 ORDER: It is hereby ORDERED that Plaintiff's #185 Motion for Leave to File Corrected Response is GRANTED and the Clerk's Office is DIRECTED to substitute the Corrected Response attached to Defendant's Motion [R. 185-1] in place of the document at Docket Entry # 182. Signed by Judge Gregory F. VanTatenhove on 6/17/2020. (JJ)cc: COR (Additional attachment(s) added on 6/17/2020: #1 CORRECT ORDER) (JJ). (Main Document 189 replaced on 6/18/2020) (STC). |
Filing 188 NOTICE OF FILING Exhibits by Joshua Reece re #182 Response in Opposition to Motion. (Attachments: #1 Exhibit Ex. 1 (Leach Depo), #2 Exhibit Ex. 2 (Classification and Housing Policy), #3 Exhibit Ex. 3 (Bailey Depo), #4 Exhibit Ex. 4 (Waits Depo), #5 Exhibit Ex. 5 (Carey Criminal Investigation_, #6 Exhibit Ex. 6 (Reece Depo), #7 Exhibit Ex. 7 (Carey Depo), #8 Exhibit Ex. 8 (Cell Assignment), #9 Exhibit Ex. 9 (2015 Inmate Confinement Area), #10 Exhibit Ex. 10 (April 2015 Inspection Report), #11 Exhibit Ex. 11 (July 2015 Email), #12 Exhibit Ex. 12 (July 2015 DOC Memo), #13 Exhibit Ex. 13 (October 2015 Inspection Report), #14 Exhibit Ex. 14 (October Waits Memo), #15 Exhibit Ex. 15 (8.1.14 SARN), #16 Exhibit Ex. 16 (2014 Incident Reports), #17 Exhibit Ex. 17 (11.25.14 Final Release), #18 Exhibit Ex. 18 (3.11.15 SARN), #19 Exhibit Ex. 19 (Request for Supplemental Discovery), #20 Exhibit Ex. 20 (2015 Incident Reports), #21 Exhibit Ex. 21 (6,1.15 Release), #22 Exhibit Ex. 22 (9.18.15 Citation), #23 Exhibit Ex. 23 (Undated SARN), #24 Exhibit Ex. 24 (Standard Medical Questions)_redacted, #25 Exhibit Ex. 25 (Conflict Warning), #26 Exhibit Ex. 26 (Rogers Criminal Case), #27 Exhibit Ex. 27 (Contraband Letters), #28 Exhibit Ex. 28 (11.17.15 Admission Report), #29 Exhibit Ex. 29 (Bowling Criminal History), #30 Exhibit Ex. 30 (Admission Report & SARN Form), #31 Exhibit Ex. 31 (Problem Letter), #32 Exhibit Ex. 32 (Guilty Pleas), #33 Exhibit Ex. 33 (Wright Incident Report), #34 Exhibit Ex. 34 (Waldridge Depo), #35 Exhibit Ex. 35 (Text Messages), #36 Exhibit Ex. 36 (JHS Records), #37 Exhibit Ex. 37 (UofL Operative Summary), #38 Exhibit Ex. 38 (Dr. Edelson Report), #39 Exhibit Ex. 39 (State Arrest Warrant), #40 Exhibit Ex. 40 (Hopper Plea Agreement), #41 Exhibit Ex. 41 (10.15.15 Citation), #42 Exhibit Ex. 42 (Carey Plea Agreement), #43 Exhibit Ex. 43 (Booking Log))(Ward, David) Modified on 6/18/2020 (SCD). |
Filing 187 NOTICE OF FILING Exhibits by Joshua Reece re #183 Response in Opposition to Motion, (Attachments: #1 Exhibit Ex. 1 (Agreement), #2 Exhibit Ex. 2 (Subcontract), #3 Exhibit Ex. 3 (Bazzel Depo), #4 Exhibit Ex. 4 (Addendum), #5 Exhibit Ex. 5 (Coleman Depo), #6 Exhibit Ex. 6 (Jensen Depo), #7 Exhibit Ex. 7 (Newton Depo), #8 Exhibit Ex. 8 (Reece Medical), #9 Exhibit Ex. 9 (Reece Depo), #10 Exhibit Ex. 10 (Newton Training Agenda), #11 Exhibit Ex. 11 (Neal Depo), #12 Exhibit Ex. 12 (McClain Depo), #13 Exhibit Ex. 13 (McClain Training Agenda), #14 Exhibit Ex. 14 (Text Messages), #15 Exhibit Ex. 15 (Waldridge Depo), #16 Exhibit Ex. 16 (Lowe Depo), #17 Exhibit Ex. 17 (Employee Warning), #18 Exhibit Ex. 18 (Time On Site), #19 Exhibit Ex. 19 (Dying for Dollars), #20 Exhibit Ex. 20 (Liau Depo), #21 Exhibit Ex. 21 (Picture), #22 Exhibit Ex. 23 (JHS Records), #23 Exhibit Ex. 24 (UofL Operative Summary))(Ward, David) Modified on 6/18/2020 (SCD). |
Filing 186 VIRTUAL ORDER: #181 Motion for Leave to File Excess Pages is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 6/17/2020. (SCD)cc: COR |
Filing 185 MOTION to Amend/Correct #182 Response in Opposition to Motion by Joshua Reece. (Attachments: #1 Exhibit Corrected Response, #2 Proposed Order)(Ward, David) Modified on 6/17/2020 (SCD). |
Filing 184 RESPONSE in Opposition re #153 MOTION to Exclude Testimony of Plaintiff's Expert Renee Dahring by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge filed by Joshua Reece. (Attachments: #1 Proposed Order)(Ward, David) |
Filing 183 RESPONSE in Opposition re #152 MOTION for Summary Judgment by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge filed by Joshua Reece. (Ward, David) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #181 MOTION for Leave to File Excess Pages, and, #185 MOTION to Amend/Correct #182 Response in Opposition to Motion by Joshua Reece (SCD) |
Filing 182 RESPONSE in Opposition re #156 MOTION for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits filed by Joshua Reece. (Ward, David) (Additional attachment(s) added on 6/18/2020: #1 CORRECTED Response) (SCD). |
Filing 181 MOTION for Leave to File Excess Pages by Joshua Reece (Attachments: #1 Proposed Order)(Ward, David) Modified on 6/17/2020 (SCD). |
Filing 180 ORDER: It is ordered that #178 Unopposed MOTION for Extension of Time is GRANTED and Pla shall have up to and including 6/16/2020 to file his responses to Dfts' pending motions. Signed by Judge Gregory F. Van Tatenhove on 6/9/2020.(SCD)cc: COR |
Filing 179 RESPONSE to Motion re #155 MOTION for Summary Judgment against Defendant William Carey by Joshua Reece filed by William Anthony Carey. (Petitt, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #178 Unopposed MOTION for Extension of Time to File Response/Reply by Joshua Reece (SCD) |
Filing 178 Unopposed MOTION for Extension of Time to File Response/Reply by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) Modified on 6/9/2020 (SCD). |
Filing 177 NOTICE by William Anthony Carey of Receipt of Records (Petitt, Carol) |
Filing 176 ORDER: It is ordered that the motions to exclude #153 and #157 are REFERRED to Magistrate Judge Edward B. Atkins who shall recommend a proposed disposition of these motions. Proposed disposition shall be entered by 7/13/2020. Signed by Judge Gregory F. Van Tatenhove on 5/28/2020.(SCD)cc: COR |
Filing 175 CONVENTIONAL FILING received on behalf of Plaintiff Joshua Reece. Exhibits 6, 22, 24, 27 (recordings on one CD) are filed per #174 Notice of Filing re #155 Motion for Summary Judgment. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (SCD) |
Filing 174 Amended NOTICE OF FILING Conventional Exhibits by Joshua Reece re #155 MOTION for Summary Judgment. (Ward, David) Modified on 5/27/2020 (SCD). |
Filing 173 NOTICE OF FILING Conventional Exhibits by Joshua Reece re #155 MOTION for Summary Judgment. (Ward, David) Modified on 5/26/2020 (SCD). |
Filing 172 DEPOSITION TRANSCRIPT of William Anthony Carey taken on 10/28/2019 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 171 DEPOSITION TRANSCRIPT of Stacy Jensen taken on 06/21/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 170 DEPOSITION TRANSCRIPT of Ronald Waldridge MD taken on 06/14/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 169 DEPOSITION TRANSCRIPT of Renee Dahring taken on 02/03/2020 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 168 DEPOSITION TRANSCRIPT of Kristen Austin f/k/a Kristen Newton taken on 06/21/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 167 DEPOSITION TRANSCRIPT of James Liau MD taken on 12/11/2019 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 166 DEPOSITION TRANSCRIPT of Heather Neal taken on 06/26/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 165 DEPOSITION TRANSCRIPT of Grady Judson Bazzel MD taken on 03/17/2020 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 164 DEPOSITION TRANSCRIPT of Heather Lowe taken on 06/14/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 163 DEPOSITION TRANSCRIPT of Geri McClain taken on 08/01/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 162 DEPOSITION TRANSCRIPT of Lauralae "Christy" Coleman taken on 06/21/2018 by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 161 NOTICE OF FILING Deposition Transcript by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge re #152 MOTION for Summary Judgment by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (Attachments: #1 Exhibit Deposition of Kristen Newton, #2 Exhibit Deposition of Stacy Jensen)(Brannon, Margaret) Modified on 5/21/2020 (SCD). |
Filing 160 NOTICE OF FILING Deposition Transcripts by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge re #153 MOTION to Exclude Testimony of Plaintiff's Expert Renee Dahring by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (Attachments: #1 Exhibit Deposition of Kristen Newton, #2 Exhibit Deposition of Stacy Jensen)(Brannon, Margaret) Modified on 5/21/2020 (SCD). |
Filing 159 VIRTUAL ORDER: Granting #154 Motion for Leave to File Excess Pages and #158 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Edward B. Atkins on 5/20/2020. (SCD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #158 MOTION for Leave to File Excess Pages and #154 MOTION for Leave to File Excess Pages (SCD) |
Filing 158 MOTION for Leave to File Excess Pages re #156 Motion for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Proposed Order Granting Defendants' Motion for Leave to Exceed Page Limit)(Gadansky, Chris) Modified on 5/20/2020 (SCD). |
Filing 157 MOTION to Exclude Testimony of Plaintiff's Expert Witness Renee Dahring by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Exhibit A - Nurse Dahring Report and CV, #2 Exhibit B - Excerpts from Nurse Dahrings Deposition, #3 Proposed Order Granting Defendants' Motion to Exlude Testimony of Plaintiff's Expert Witness Nurse Dahring)(Gadansky, Chris) Modified on 5/20/2020 (SCD). |
Filing 156 MOTION for Summary Judgment by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (Attachments: #1 Memorandum in Support of Defendants' Motion for Summary Judgment, #2 Exhibit A - Warrant of Arrest and Uniform Citations, #3 Exhibit B - Facility Admission Report, #4 Exhibit C - J. Reece Rap Sheet, #5 Exhibit D - SARN Report, #6 Exhibit E - J. Reece Inmate Assignments, #7 Exhibit F - East Hall Logs for 11-18-15 and 11-19-15, #8 Exhibit G - Incident Report, #9 Exhibit H - J. Reece Cell Assignment History, #10 Exhibit I - J. Reece SHP Inmate Medical Records, #11 Exhibit J - Log of Visits to Inmate in Isolation, Cell 415, #12 Exhibit K - Sick Call Slip, #13 Exhibit L - Information Request Form, #14 Exhibit M - Excerpts SCDC Policies and Procedures, #15 Exhibit N - Inmate Corey Hopper Facility Admission Report and SARN Reports, #16 Exhibit O - November 18, 2014 Incident Report #17421 and SARN Report, #17 Exhibit P - Reece Assailant Facility Admission Reports and SARN Reports, #18 Proposed Order Granting Defendants' Motion for Summary Judgment)(Gadansky, Chris) |
Filing 155 MOTION for Summary Judgment against Defendant William Carey by Joshua Reece (Attachments: #1 Memorandum in Support, #2 Exhibit (Ex.1) Reece Depo, #3 Exhibit (Ex. 2) Putnam Citation, #4 Exhibit (Ex. 3) Bailey Depo, #5 Exhibit (Ex. 4) Leach Depo, #6 Exhibit (Ex. 5) Waits Depo, #7 Exhibit (Ex. 6) Carey Statement, #8 Exhibit (Ex. 7) Carey Depo, #9 Exhibit (Ex. 8) Cell List _11.19.15, #10 Exhibit (Ex. 9) Inmate Confinement Area, #11 Exhibit (Ex. 10) Plea Agreement, #12 Exhibit (Ex. 11) 8.1.14 SARN, #13 Exhibit (Ex. 12) 11.18.14 Incident Report, #14 Exhibit (Ex. 13) 11.22.14 Incident Report, #15 Exhibit (Ex. 14) 2015 Incident Reports, #16 Exhibit (Ex. 15) Release Report, #17 Exhibit (Ex. 16) Post Assault Classification, #18 Exhibit (Ex. 17) Notice of Conflict, #19 Exhibit (Ex. 18) Cell Assignment History, #20 Exhibit (Ex. 19) Rogers Criminal Case, #21 Exhibit (Ex. 20) Contraband Letters, #22 Exhibit (Ex. 21) 1st Wright Statement, #23 Exhibit (Ex. 22) Problem Letter, #24 Exhibit (Ex. 23) 2nd Wright Statement, #25 Exhibit (Ex. 24) Assault Investigation, #26 Exhibit (Ex. 25) Wright Incident Report, #27 Exhibit (Ex. 26) Hardin Statement, #28 Exhibit (Ex. 27) State Arrest Warrant, #29 Exhibit (Ex. 28) Minute Entry, #30 Exhibit (Ex. 29) Rearraignment Transcript, #31 Exhibit (Ex. 30) Hopper Plea Agreement, #32 Exhibit (Ex. 31) Edelson Report, #33 Proposed Order)(Ward, David) Modified on 5/20/2020 (SCD). |
Filing 154 MOTION for Leave to File Excess Pages re #152 Motion for Summary Judgment and #153 Motion to Exclude by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Proposed Order Tendered Order)(Brannon, Margaret) Modified on 5/20/2020 (SCD). |
Filing 153 MOTION to Exclude Testimony of Plaintiff's Expert Renee Dahring by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Exclude, #2 Exhibit Deposition of Joshua Reece, #3 Exhibit Arraignment and Plea Agreement, #4 Exhibit SHP Medical Records, #5 Exhibit Deposition of Heather Neal, #6 Exhibit Deposition of Geri McClain, #7 Exhibit Text Photographs, #8 Exhibit Deposition of Heather Lowe, #9 Exhibit Deposition of Christy Coleman, #10 Exhibit Deposition of Dr. James Liau, #11 Exhibit Report of Dr. James Liau, #12 Exhibit Plaintiff's Supplmental Initial Disclosures, #13 Exhibit Deposition of Renee Dahring, #14 Exhibit Report of Renee Dahring, #15 Exhibit Plaintiff's Amended Expert Disclosures, #16 Proposed Order Tendered Order)(Brannon, Margaret) Modified on 5/20/2020 (SCD). |
Filing 152 MOTION for Summary Judgment by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Summary Judgment, #2 Exhibit Deposition of Joshua Reece, #3 Exhibit Arraignment and Plea Agreement, #4 Exhibit SHP Medical Records, #5 Exhibit Deposition of Heather Neal, #6 Exhibit Deposition of Geri McClain, #7 Exhibit Text Photographs, #8 Exhibit Deposition of Heather Lowe, #9 Exhibit Deposition of Christy Coleman, #10 Exhibit Deposition of Dr.Liau, #11 Exhibit Report of Dr. Liau, #12 Exhibit Deposition of Renee Dahring, #13 Exhibit Report of Renee Dahring, #14 Exhibit Opinion and Order, #15 Proposed Order Tendered Order)(Brannon, Margaret) |
Filing 151 DEPOSITION TRANSCRIPT of Bobby Waits taken on September 18, 2019 by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Gadansky, Chris) |
Filing 150 DEPOSITION TRANSCRIPT of Christy Bailey taken on September 18, 2019 by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Gadansky, Chris) |
Filing 149 DEPOSITION TRANSCRIPT of Joshua Reece Vol. II taken on February 28, 2018 by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Gadansky, Chris) |
Filing 148 DEPOSITION TRANSCRIPT of Joshua Reece Vol. I taken on January 19, 2018 by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Gadansky, Chris) |
Filing 147 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 5/6/2020 (SCD). |
Filing 146 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 4/27/2020 (SCD). |
Filing 145 ORDER: It is ordered that the #143 JOINT MOTION to Continue Dispositive and Daubert Motion Deadlines is GRANTED and the deadline to file such motions is extended to 5/19/2020. Signed by Judge Gregory F. Van Tatenhove on 4/14/2020.(SCD)cc: COR |
Filing 144 Proposed Order re #143 Joint Motion to Continue Dispositive and Daubert Motion Deadlines. (Gadansky, Chris) Modified on 4/10/2020 (SCD). |
Filing 143 JOINT MOTION to Continue Dispositive and Daubert Motion Deadlines by Southern Health Partners, Inc., Bobby Waits, Shelby County, Kentucky, Christy Bailey, Joshua Reece, William Anthony Carey, Ronald Waldridge, Kristy Newton, Heather Neal, Geri McClain, Heather Lowe, Stacy Jensen, Christy Coleman.(Gadansky, Chris) Modified on 4/10/2020 (SCD). (Additional attachment(s) added on 4/10/2020: #1 Proposed Order) (SCD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #143 JOINT MOTION to Continue Dispositive and Daubert Motion Deadlines (SCD) |
Filing 142 NOTICE of Intent to Obtain Records by William Anthony Carey (Attachments: #1 Exhibit 1: Louisville Metro Department of Corrections SDT, #2 Exhibit 2: Kroger Pharmacy SDT, #3 Exhibit 3: Norton Neurological Services SDT, #4 Exhibit 4: Social Security Administration SDT)(Petitt, Carol) Modified on 4/2/2020 (SCD). |
Filing 141 NOTICE of Service of Supplemental Interrogatories by William Anthony Carey (Petitt, Carol) Modified on 3/31/2020 (SCD). |
Filing 140 NOTICE of Supplemental Expert Disclosure by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (Gadansky, Chris) Modified on 3/23/2020 (SCD). |
Filing 139 ORDER: Motion to withdraw #138 is GRANTED and motion to reduce or split expert's fees #132 is DENIED AS MOOT. Signed by Magistrate Judge Edward B. Atkins on 2/13/2020. (CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #138 MOTION to Remand the #132 Motion to Reduce or Split Dfts' Expert Fee by Joshua Reece (SCD) |
Filing 138 MOTION to Remand the #132 Motion to Reduce or Split Dfts' Expert Fee by Joshua Reece (Attachments: #1 Proposed Order)(Ward, David) Modified on 2/13/2020 (SCD). |
Filing 137 NOTICE of Cancellation by William Anthony Carey (Petitt, Carol) Modified on 2/10/2020 (SCD). |
Filing 136 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 2/10/2020 (SCD). |
Filing 135 ORDER: Defendants are DIRECTED to file a response, addressing motion #132 , ON OR BEFORE 2/14/2020. Signed by Magistrate Judge Edward B. Atkins on 2/7/2020.(CBD)cc: COR |
Filing 134 NOTICE by William Anthony Carey of Receipt of Records (Petitt, Carol) |
Filing 133 NOTICE by William Anthony Carey Cancellation of the deposition of the records custodian of Dr. Mark Bazant, scheduled for February 21, 2020 (Petitt, Carol) Modified text on 2/7/2020 (CBD). |
Filing 132 MOTION Reduce or Split Defendants' Expert Fee by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit 1 (Fee Schedule), #2 Exhibit 2 (Delta Ticket), #3 Exhibit 3 (Email), #4 Exhibit 4 (CV), #5 Exhibit 5 (Other Expert Rates), #6 Proposed Order)(Ward, David) |
Filing 131 NOTICE by William Anthony Carey of Cancellation of the deposition of the records custodian of Dr. Brennan Greene, scheduled for February 21, 2020 (Petitt, Carol) Modified text on 1/31/2020 (CBD). |
Filing 130 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 1/31/2020 (SCD). |
Filing 129 NOTICE of Intent to Obtain Records by William Anthony Carey (Attachments: #1 Exhibit 1: Rite Aid, #2 Exhibit 2: Andrews Pharmacy, #3 Exhibit 3: Laura Cahoe, APRN, #4 Exhibit 4: Dr. Brennan Greene, #5 Exhibit 5: Dr. Mark Bazant, #6 Exhibit 6: John L. Snell, DO)(Petitt, Carol) Modified on 1/14/2020 (SCD). |
Filing 128 ORDER: 1) #124 Motion for Extension of Time is GRANTED, a) FINAL PRETRIAL CONFERENCE is set for 8/19/2020 at 11:00 AM in FRANKFORT. b) JURY TRIAL is set for 8/31/2020 at 10:00 AM in FRANKFORT, counsel to arrive by 9:30. c) All other deadlines shall remain as stated. Signed by Magistrate Judge Edward B. Atkins on 1/6/2020. (SCD)cc: COR |
Filing 127 REPLY to Response to #124 Motion to Modify Scheduling Order filed by Christy Coleman, Stacy Jensen, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) Modified on 1/7/2020 (SCD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #124 MOTION to Modify Scheduling Order (Pretrial and Trial Dates) by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge (SCD) |
Reset Hearings per #128 Order. (SCD) |
Filing 126 RESPONSE to Motion re #124 MOTION to Modify Scheduling Order (Pretrial and Trial Dates) filed by William Anthony Carey, Shelby County, Kentucky, Bobby Waits, Christy Bailey. (Petitt, Carol) Modified on 1/6/2020 (SCD). |
Filing 125 ORDER: any RESPONSES addressing Defendants' motion #124 should be filed ON OR BEFORE FRIDAY JANUARY 3, 2020. Signed by Magistrate Judge Edward B. Atkins on 1/30/2020.(CBD)cc: COR |
Filing 124 MOTION to Modify Scheduling Order (Pretrial and Trial Dates) by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Proposed Order)(Brannon, Margaret) Modified on 12/23/2019 (SCD). |
Filing 123 NOTICE to Take Deposition of Renee Dahring on 02/03/2020 1:00 p.m. by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 122 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 12/19/2019. before Magistrate Judge Edward B. Atkins: The parties were unable to resolve the issues presented in the action, and the matter was adjourned. Signed by Magistrate Judge Edward B. Atkins on 12/19/2019. (CBD)cc: COR |
Filing 121 ORDER: It is ordered, 1) #120 Motion for Extension of Time to Complete Discovery is GRANTED. (a) expert discovery completed by 3/19/2020 (b) Have to and including 4/19/2020 to file dispositive motions, Daubert motions. (c) FINAL PRETRIAL CONFERENCE set for 6/23/2020 at 10:00 AM in Frankfort. (d) JURY TRIAL set for 7/7/2020 at 10:00 AM in Frankfort, with counsel to arrive by 9:30 AM. Signed by Magistrate Judge Edward B. Atkins on 12/11/2019. (SCD)cc: COR |
Set/Reset Deadlines per #121 Order. (SCD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #120 JOINT MOTION for Extension of Time to Complete Discovery (SCD) |
Filing 120 JOINT MOTION for Extension of Time to Complete Discovery by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge, Joshua Reece, Shelby County, Kentucky, Bobby Waits, Christy Bailey, William Anthony Carey. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Brannon, Margaret) Modified on 12/10/2019 (SCD). |
Filing 119 NOTICE of Change of Address by Chris J. Gadansky (Gadansky, Chris) |
Filing 118 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 12/3/2019 (SCD). |
Filing 117 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 11/25/2019 (SCD). |
Filing 116 NOTICE by William Anthony Carey of Cancellation of deposition of the records custodian of Dr. Maida Colon scheduled for November 26 (Petitt, Carol) Modified text on 11/18/2019 (CBD). |
Filing 115 NOTICE of Change of Address by Margaret Jane Brannon (Brannon, Margaret) |
Filing 114 NOTICE by William Anthony Carey of Receipt of Records (Petitt, Carol) |
Filing 113 ORDER: 1) SETTLEMENT CONFERENCE is scheduled for 12/19/2019 at 10:00 AM in FRANKFORT before Magistrate Judge Edward B. Atkins. 2) Counsel are directed to have their clients and/or reps present in person. 3) By NLT 12/16/2019 submit to the undersigned separate confidential statements. Not filed w Clerk or presiding judge. Transmitted by email and not exceed 10 pages. 4) In statements, make candid assessments and anticipated economic costs of further prep and litigation of this matter through trial. 5) Magistrate Judge requests bona fide settlement negotiations commence ASAP and conducted as often as necessary prior to the settlement conference. Signed by Magistrate Judge Edward B. Atkins on 11/1/2019.(SCD)cc: COR |
Filing 112 NOTICE of Intent to Schedule Settlement Conference by Joshua Reece (Ward, David) Modified on 11/1/2019 (SCD). |
Filing 111 SECOND NOTICE to Take Deposition of Richard I. Edelson on 11/06/2019 10:00 a.m. by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 110 SUPPLEMENTAL DISCLOSURES of Experts by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Exhibit Curriculum Vitae)(Brannon, Margaret) |
Filing 109 NOTICE by William Anthony Carey of Intent to Obtain Records (Attachments: #1 Exhibit 1: Dr. Maida Colon SDT, #2 Exhibit 2: Dr. Benjamin Lam SDT, #3 Exhibit 3: Dr. Jia Ooi SDT, #4 Exhibit 4: Dr. Sarah Summers SDT, #5 Exhibit 5: Dr. Bradley Olds SDT, #6 Exhibit 6: Dr. Jeremy Fairbourn SDT, #7 Exhibit 7: Dr. Bruce Stoutt SDT, #8 Exhibit 8: Dr. Sana Aburob SDT, #9 Exhibit 9: Dr. Ann-Margaret Luckett SDT)(Petitt, Carol) |
Filing 108 ORDER: 1) #107 Motion for Extension of Time is GRANTED, a) all expert discovery completed by 12/20/2019, b) have to and including 1/20/2020 to file dispositive motions and Daubert motions, c) FPTC remains set for 3/18/2020 at 10:00 AM in Frankfort, d) Jury Trial remains set for 5/12/2019 at 10:00 AM in Frankfort, counsel to arrive by 9:30 AM. Signed by Magistrate Judge Edward B. Atkins on 10/17/2019. (SCD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #107 JOINT MOTION for Extension of Time for Expert Discovery and Dispositive/Daubert Motions (SCD) |
Reset Deadlines: Dispositive Motions due by 1/20/2020. Discovery due by 12/20/2019. (SCD) Modified on 10/18/2019 (SCD). |
Filing 107 JOINT MOTION for Extension of Time for Expert Discovery and Dispositive/Daubert Motions by Joshua Reece, Shelby County, Kentucky, Bobby Waits, Christy Bailey, William Anthony Carey, Southern Health Partners, Inc., Ronald Waldridge, Stacy Jensen, Kristy Newton, Geri McClain, Heather Lowe, Christy Coleman, Heather Neal. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Ward, David) Modified on 10/17/2019 (SCD). |
Filing 106 DISCLOSURES of Experts by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Attachments: #1 Exhibit Dr. Bazzel Report, #2 Exhibit Dr. Bazzel CV, #3 Exhibit Dr. Liau Report, #4 Exhibit Dr. Liau CV, #5 Exhibit Dr. Shraberg Report, #6 Exhibit Dr. Shraberg Addendum, #7 Exhibit S. Cobble Report, #8 Exhibit S. Cobble CV)(Brannon, Margaret) |
Filing 105 NOTICE of Expert Disclosure by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits (Gadansky, Chris) Modified on 10/9/2019 (SCD). |
Filing 104 NOTICE by William Anthony Carey of Receipt of Records (Petitt, Carol) |
Filing 103 ORDER: 1. FINAL PRETRIAL CONFERENCE set for 3/18/2020 at 10:00 AM in FRANKFORT, KY 2. JURY TRIAL set for 5/12/2020 at 10:00 AM in FRANKFORT, KY. Signed by Judge Gregory F. VanTatenhove on 8/28/2019.(CBD)cc: COR, D |
Filing 102 NOTICE by William Anthony Carey of Receipt of Records (Petitt, Carol) |
Filing 101 NOTICE OF APPEARANCE by Joshua Reece. (Ward, David) |
Filing 100 NOTICE by William Anthony Carey of Cancellation deposition of the records custodian of Creative Spirits Behavioral Health, Inc. set for October 2, 2018. (Petitt, Carol) Modified text on 6/18/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #99 Notice of Filing Proposed Pretrial and Trial Dates (SCD) |
Filing 99 NOTICE OF FILING Proposed Pretrial and Trial Dates by Joshua Reece (Attachments: #1 Exhibit 5.15.19 Email)(Adams, Garry) Modified on 5/21/2019 (SCD). |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #96 Order - no pretrial and trial dates filed. (SCD) |
Filing 98 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified on 5/7/2019 (SCD). |
Filing 97 NOTICE of Receipt of Records Pursuant to 45.03 by William Anthony Carey (Petitt, Carol) Modified on 4/18/2019 (SCD). |
Filing 96 ORDER: Rule 26(a)(2) reports from Pla expert due by 9/9/2019, from Dft by 10/9/2019. Expert discovery completed by 11/11/2019. Have to and including 12/20/2019 to file dispositive and Daubert motions. Parties are ORDERED to give new pretrial and trial dates w/in 30 days of the entry of this order. Signed by Judge Gregory F. VanTatenhove on 4/15/2019.(SCD)cc: COR |
Filing 95 NOTICE OF FILING by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge re #94 Response to Motion, Proposed Order (Brannon, Margaret) |
Filing 94 RESPONSE to Motion re #88 MOTION for Extension of Time to Complete Discovery by Joshua Reece filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) (Additional attachment(s) added on 4/1/2019: #1 Proposed Order) (CBD). |
Filing 93 ORDER: It is ordered that Dft William Carey's #90 Motion to Compel is GRANTED. Insight Psychological Consultants, PSC shall provide Carol S. Petitt one certified copy of its ENTIRE medical record file re Joshua Reece. Signed by Magistrate Judge Edward B. Atkins on 3/22/2019. (SCD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #88 MOTION for Extension of Time to Complete Discovery by Joshua Reece (CBD) |
Filing 92 ORDER: It is ordered that any party wishing to file an objection to the #90 MOTION to Compel is DIRECTED to file the objection ON OR BEFORE 3/21/2019. Signed by Magistrate Judge Edward B. Atkins on 3/18/2019.(SCD)cc: COR |
Filing 91 RESPONSE to Motion re #88 MOTION for Extension of Time to Complete Discovery by Joshua Reece filed by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Proposed Order)(Gadansky, Chris) |
Filing 90 MOTION to Compel Insight Psychological Consultants, PSC, to Provide Records by William Anthony Carey Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A: SDT Insight, #2 Exhibit B: Insight Signed Green Card, #3 Exhibit C; Affidavit of Marti Young, #4 Proposed Order)(Petitt, Carol) Modified on 3/15/2019 (SCD). |
Filing 89 RESPONSE to Motion re #88 MOTION for Extension of Time to Complete Discovery by Joshua Reece filed by Southern Health Partners, Inc.. (Brannon, Margaret) |
Filing 88 MOTION for Extension of Time to Complete Discovery by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Adams, Garry) |
Filing 87 NOTICE of Change of Address by Carol Schureck Petitt (Petitt, Carol) |
Filing 86 NOTICE of Intent to Obtain Records by William Anthony Carey (Attachments: #1 Exhibit 1. Baptist Health LaGrange Subpoena Duces Tecum, #2 Exhibit 2: Ronald L. Crafton, MD Subpoena Duces Tecum, #3 Exhibit 3: Samuel CArter, MD Subpoena Duces Tecum)(Petitt, Carol) Modified on 1/22/2019 (SCD). |
Filing 85 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 84 NOTICE by William Anthony Carey of Intent to Obtain Records (Attachments: #1 Exhibit Insight Psychological Consultants, PSC Subpoena)(Petitt, Carol) |
Filing 83 ORDER: 1) Pla expert disclosures due 3/8/2019. 2) Dft expert disclosures due 4/5/2019. 3) Expert discovery extended to 5/3/2019. 4) Dispositive motions extended to 5/28/2019. 5) FINAL PRETRIAL CONFERENCE set for 9/18/2019 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. 6) NLT 7 days prior to FPTC, file pretrial filings. 7) NLT the Friday before the FPTC, file objections. 8) At the FPTC, be prepared to display exhibits, demonstrate ability to use court equipment, discuss settlement. 9) Provide court copies to chambers. 10) JURY TRIAL set for 10/1/2019 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove, counsel appear at 9:30 AM. Signed by Magistrate Judge Edward B. Atkins on 12/6/2018.(SCD)cc: COR |
Filing 82 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/21/2018, before Magistrate Judge Edward B. Atkins: Plaintiff expert disclosure ddl 1/7/2019. Defendants expert disclosure ddl 2/4/2019. Expert discovery ddl 3/4/2019. Dispositive Motions ddl 3/29/2019. FINAL PRETRIAL CONFERENCE set for 6/11/2019 at 10:00 AM in FRANKFORT, Ky. JURY TRIAL set for 6/25/2019 at 10:00 AM in FRANKFORT, Ky. Counsel to arrive by 9:30 AM.. Signed by Magistrate Judge Edward B. Atkins on 9/21/2018. (CBD)cc: COR, D |
Filing 81 NOTICE by William Anthony Carey Notice of Intent to Obtain Records Pursuant to Subpoena Duces Tecum (Attachments: #1 Exhibit SDT - Creative Spirits)(Petitt, Carol) |
Filing 80 ORDER/MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/5/2018, before Magistrate Judge Edward B. Atkins: 1) Pla shall make required expert disclosures on or before 10/5/2018. 2) Dfts shall make required expert disclosures on or before 10/26/2018. 3) Deadline for expert discovery shall be extended to and including 11/19/2018. 4) TELEPHONE STATUS CONFERENCE set for 9/20/2018 at 10:00 AM in PIKEVILLE. Signed by Magistrate Judge Edward B. Atkins on 9/5/2018. (SCD)cc: COR,Pikeville D |
Filing 79 ORDER: It is ordered that this matter shall come before this Court for a TELEPHONE CONFERENCE on 9/5/2018 at 2:00 PM in PIKEVILLE. Signed by Magistrate Judge Edward B. Atkins on 9/5/2018.(SCD)cc: COR,Pikeville D |
Filing 78 ORDER:the Agreed Motion #77 to Extend the Deadlines for Plaintiffs and Defendants' Expert Witness Disclosures is GRANTED. IT IS FURTHER ORDERED that the new dates should be set as follows: 1. Plaintiff SHALL make required expert disclosures by September 7, 2018; and 2. Defendants SHALL make such disclosures by October 10,2018, 2018. Signed by Magistrate Judge Edward B. Atkins on 8/27/2018. (CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #77 MOTION for Extension of Time by Joshua Reece (CBD) |
Filing 77 MOTION for Extension of Time for plaintiff's and defendants' Expert Witness Disclosures by Joshua Reece Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Adams, Garry) Modified text on 8/27/2018 (CBD). |
Filing 75 ORDER: 1. Case is referred to Magistrate Judge Edward B. Atkins for purpose of a. Supervising discovery & pretrial proceedings; and b. Conducting all pretrial and status conferences, establishing and extending discovery deadlines, and all other deadlines, holding such hearings as may be required, and ruling on non-dispositive motions, except motions in limine. See Brown v. Wesleys Quaker Maid, Inc., 771 F.2d 952 (6th Cir. 1985). Dispositive motions and motions in limine will be referred by the Clerk of thei Court to the appropriate United States District Judge. Subject to all other provisions of law, the Final Pretrial Conference and Trial will also be before a United States District Judge, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 U.S.C. 636(c).. Signed by Judge Gregory F. VanTatenhove on 6/26/2018.(AKR)cc: COR |
Filing 74 ORDER: 1. Dfts' Mtn for New Trial Date #72 is GRANTED; 2. FINAL PRETRIAL CONFERENCE currently scheduled for Wednesday, 1/9/19 is rescheduled for Tuesday, 3/12/2019 at 11:00 AM in the Courtroom of US Courthouse in FRANKFORT, KY. 3. JURY TRIAL currently scheduled for Tuesday, 1/22/19 is rescheduled for Tuesday, 3/26/2019 at 10:00 AM, with counsel making appearance by 9:30 a.m., in the Courtroom of US Courthouse in FRANKFORT, KY. 4. Plffs Motion for Ext of Time #73 is GRANTED, and 5. a. Plff shall make required expert discl by 8/24/18, and Dft by 9/26/18. b. All fact Discovery due by 9/27/2018. c. All expert disc by 10/26/18, and d. Dispositive Motions and Daubert motions due by 11/16/2018, with response and reply time as per LR 7.1(c). Signed by Judge Gregory F. VanTatenhove on 6/25/2018.(AKR)cc: COR, diary |
Filing 73 MOTION for Extension of Time by Joshua Reece (Attachments: #1 Proposed Order)(Adams, Garry) |
Filing 72 MOTION to Continue by William Anthony Carey reassign trial date (Attachments: #1 Proposed Order Proposed Order)(Petitt, Carol) Modified adding text to better describe pleading on 6/21/2018 (AKR). |
Filing 71 ORDER: The Court, on its own motion, and to reflect the current status, rescinds the referrals to the undersigned on all referred civil cases. The presiding District Judge may enter a substitute referral, or issue other appropriate Orders, in his or her discretion. The Clerk shall docket this Order in all appropriate cases. Signed by Judge Robert E. Wier on 6/13/2018.(AKR)cc: COR |
Case no longer referred to Magistrate Judge Robert E. Wier. (AKR) |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #71 Order rescinding referral. (AKR) |
Filing 70 SCHEDULING ORDER: the Court GRANTEd Motion #69 and ORDERS as follows: 1. Expert disclosures ddl 6/26/2018 2. Fact Discovery ddl 7/28/2018 3. Expert discovery ddl 8/28/2018. 4. Dispositive and Daubert Motions ddl by 9/18/2018. 5) FINAL PRETRIAL CONFERENCE set for 1/9/2019 at 10:00 AM in FRANKFORT, Ky 6. JURY TRIAL set for 1/22/2019 at 10:00 AM in FRANKFORT, Ky, with counsel to appear by 9:30 AM. Signed by Magistrate Judge Robert E. Wier on 4/30/2018.(CBD)cc: COR, D |
***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #69 AGREED MOTION for Extension of Time of Discovery Deadlines by Joshua Reece (CBD) |
Filing 69 AGREED MOTION for Extension of Time of Discovery Deadlines by Joshua Reece Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Adams, Garry) Modified text on 4/30/2018 (CBD). |
Filing 68 NOTICE of Receipt of Records by William Anthony Carey (Petitt, Carol) Modified adding text to better describe pleading on 4/13/2018 (AKR). |
Filing 67 NOTICE of Intent to Obtain Records Pursuant to Subpoena Duces Tecum by William Anthony Carey (Attachments: #1 Walgreens Subpoena, #2 Hometown Subpoena)(Petitt, Carol) Modified adding text to better describe pleading on 3/16/2018 (AKR). |
Filing 66 NOTICE Receipt of Records Pursuant to 45.03 by William Anthony Carey (Petitt, Carol) Modified adding text to reflect caption of pleading on 2/22/2018 (AKR). |
Filing 65 MEMORANDUM OPINION & ORDER: 1. Defendant William Anthony Carey's Motion for Partial Dismissal [R. 27] is GRANTED; 2. Defendants' Motion for Partial Dismissal [R. 32] is GRANTED; 3. Plaintiff's Fourth Amendment, Fifth Amendment, and Eighth Amendment Claims in this matter are DISMISSED WITH PREJUDICE; and 4. Plaintiff's Motion for Summary Judgment [R. 35] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/15/2018.(AKR)cc: COR |
Filing 64 NOTICE Receipt of Records Pursuant to 45.03 by William Anthony Carey (Petitt, Carol) Modified adding text to reflect caption of pleading on 2/9/2018 (AKR). |
Filing 63 NOTICE of Receipt of Records Pursuant to 45.03 by William Anthony Carey (Petitt, Carol) Modified adding text to reflect caption of pleading on 2/1/2018 (AKR). |
Filing 62 NOTICE by William Anthony Carey of Intent to Obtain Records (Attachments: #1 Subpoenas)(Petitt, Carol) |
Filing 61 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/20/2017, before Magistrate Judge Robert E. Wier: 1. Court SETS ASIDE all existing (prospective) deadlines. See DE 23 & 60; 2. Plf's expert disclosures by 4/28/18, and Dfts disclosures by 5/29/18; 3. All fact Discovery due 5/30/18; 4. All expert Discovery due by 6/30/2018; 5. Dispositive and Daubert Motions due by 7/22/2018; 6. FINAL PRETRIAL CONFERENCE set for Tuesday, 10/2/2018 at 10:00 AM in FRANKFORT, KY; and 7. JURY TRIAL set for Tuesday, 10/16/2018 at 10:00 AM in FRANKFORT, KY, with counsel to appear by 9:30 a.m. The pretrial deadlines and filing obligations set forth in the Standing Pretrial Order, Trial Management Order, and Scheduling Order remain as stated and shall be applied relative to the new Final Pretrial Conference and Jury Trial dates. (Court Reporter Audio File No. KYED-LEX__3-16-cv-69-GFVT-REW_20171120_101500.) Signed by Robert E. Wier. (AKR)cc: COR, diary |
Filing 60 ORDER: the Court GRANTS Plaintiff's motion (DE 55) and SETS ASIDE the existing Rule 26 expert deadlines. Plaintiff SHALL make required expert disclosures by December 29, 2017, and Defendants SHALL make such disclosures by January 29, 2018. the Court schedules a TELEPHONE CONFERENCE for counsel only, for 11/20/2017 at 10:30 AMEastern Time. The schedule otherwise remains as set. Prior to the telephonic conference, the Court will send an email message1 to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. The Court will utilize the electronic sound (digital audio) recording system as the record for this call. Signed by Magistrate Judge Robert E. Wier on 11/6/2017.(AKR)cc: COR, Lex diary |
***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #55 MOTION for Extension of Time by Joshua Reece . (AKR) |
Filing 59 RESPONSE to Motion re #55 MOTION for Extension of Time by Joshua Reece filed by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Gadansky, Chris) |
Filing 58 ORDER: The remaining Defendants should respond to the motion by no later than November 3, 2017. Upon receipt of Defendants' responses, the motion will stand submitted. Signed by Magistrate Judge Robert E. Wier on 10/30/2017.(AKR)cc: COR |
Filing 57 RESPONSE to Motion re #55 MOTION for Extension of Time by Joshua Reece filed by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 56 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 55 MOTION for Extension of Time by Joshua Reece Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Adams, Garry) |
Filing 54 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 53 NOTICE by William Anthony Carey NOTICE OF CANCELLATION (Petitt, Carol) |
Filing 52 NOTICE by William Anthony Carey NOTICE OF CANCELLATION (Petitt, Carol) |
Filing 51 NOTICE by William Anthony Carey OF INTENT TO OBTAIN (Petitt, Carol) |
Filing 50 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 pursuant to subpoena from K-I Lumber (Petitt, Carol) Modified text on 8/14/2017 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #35 MOTION for Summary Judgment by Joshua Reece (CBD) |
Filing 49 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 48 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 47 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 46 NOTICE by William Anthony Carey OF INTENT TO OBTAIN PLAINTIFF'S PERSONNEL RECORDS PURSUANT TO SUBPOENA DUCES TECUM (Petitt, Carol) Modified text on 7/18/2017 (CBD). |
Filing 45 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 44 NOTICE by William Anthony Carey OF INTENT TO OBTAIN plaintiff's personnel records pursuant to subpoena duces tecum (Petitt, Carol) Modified adding text to reflect caption of pleading on 7/14/2017 (AKR). |
Filing 43 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 42 NOTICE by William Anthony Carey OF INTENT TO OBTAIN PLAINTIFF'S PERSONNEL RECORDS PURSUANT TO SUBPOENA DUCES TECUM (Petitt, Carol) Modified text on 7/12/2017 (CBD). |
Filing 41 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 40 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 39 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 38 NOTICE by William Anthony Carey of Receipt of Records Pursuant to 45.03 (Petitt, Carol) |
Filing 37 RESPONSE in Opposition re #35 MOTION for Summary Judgment by Joshua Reece filed by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: #1 Proposed Order Denying Plaintiff's Motion for Summary Judgment)(Gadansky, Chris) |
Filing 36 RESPONSE to Motion re #35 MOTION for Summary Judgment by Joshua Reece filed by William Anthony Carey. (Petitt, Carol) |
NOTICE OF DOCKET MODIFICATION TO Garry Adams re #35 MOTION for Summary Judgment by Joshua Reece ; Error: attachment was insufficiently described as "Exhibit." Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (CBD) |
Filing 35 MOTION for Summary Judgment by Joshua Reece . (Attachments: #1 Memorandum in Support, #2 Exhibit - Criminal Complaint, Complaint Warrant, and Judgment of Conviction, #3 Proposed Order)(Adams, Garry) Modified text on 6/23/2017 (CBD). |
Filing 34 ORDER: 1. Plaintiff's Mtn for S/J (R. #25 ) is DENIED WITHOUT PREJUDICE; and 2. Plaintiff may refile their Mtn for S/J in conformity with the standard cited above. Signed by Judge Gregory F. VanTatenhove on 6/22/2017. (AKR)cc: COR |
Filing 33 RESPONSE to Motion re #32 MOTION re #27 MOTION for Partial Dismissal by William Anthony Carey by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits filed by Joshua Reece. (Canon, Daniel) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #32 MOTION re #27 MOTION for Partial Dismissal by William Anthony Carey by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits . (Related to DE 27) (AKR) |
Filing 32 MOTION re #27 MOTION for Partial Dismissal by William Anthony Carey by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits . (Attachments: #1 Proposed Order in Support of co-Defendants' Motion for Partial Dismissal)(Gadansky, Chris) Modified removing referral on 5/15/2017 (AKR). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #27 MOTION for Partial Dismissal by William Anthony Carey . (AKR) |
Filing 31 REPLY to Response to Motion re #27 MOTION for Partial Dismissal by William Anthony Carey filed by William Anthony Carey. (Petitt, Carol) |
Filing 30 RESPONSE to Motion re #27 MOTION for Partial Dismissal by William Anthony Carey filed by Joshua Reece. (Attachments: #1 Exhibit 1 - Criminal Complaint)(Canon, Daniel) Modified text on 4/21/2017 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Daniel Canon re #30 Response to Motion; Error: attachment was insufficiently described as "Exhibit Exhibit 1." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (CBD) |
Filing 29 ORDER: 1. Unopposed Motion #28 for an Extension of Time to File Response is GRANTED; and 2. Mr. Reece shall have an extension of time to file a response to Defendant William Anthony Carey's Motion for Partial dismissal up to and including 4/26/2017. Signed by Judge Gregory F. VanTatenhove on 4/17/2017.(CBD)cc: COR |
Filing 28 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Partial Dismissal by William Anthony Carey by Joshua Reece (Attachments: #1 Proposed Order)(Canon, Daniel) Modified text on 4/14/2017 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #28 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Partial Dismissal by William Anthony Carey by Joshua Reece (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #25 MOTION for Summary Judgment by Joshua Reece (CBD) |
Filing 27 MOTION for Partial Dismissal by William Anthony Carey (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Petitt, Carol) Modified text on 3/24/2017 (CBD). |
Filing 26 RESPONSE to Motion re #25 MOTION for Summary Judgment by Joshua Reece filed by William Anthony Carey. (Petitt, Carol) |
Attorney Update. Attorney Adam E. Fuller for William Anthony Carey added. (CBD) |
Filing 25 MOTION for Summary Judgment by Joshua Reece . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Adams, Garry) Modified removing referral on 2/14/2017 (AKR). |
Filing 23 SCHEDULING ORDER: Parties shall exchange the initial disclosures required by Rule 26(a)(1) by 1/6/2017. Rule 26(a)(2) reports from expert trial witnesses are due: i. from Plaintiff by 10/30/2017; and ii. from Defendant by 11/10/2017. Plaintiff shall have to and including 3/31/2017, by which to seek leave to file any motions to join additional parties and until 3/31/2017, to amend pleadings. Defendant shall have to and including 4/29/2017, by which to seek leave to file any motions to join additional parties and until 4/29/2017, to amend pleadings. Discovery due by 1/30/2018. Dispositive/Daubert Motions due by 3/17/2018. Pretrial Filings due by 5/22/2018. FINAL PRETRIAL CONFERENCE set for 5/30/2018 at 11:00 AM in FRANKFORT, Ky. JURY TRIAL set for 6/12/2018 at 10:00 AM in FRANKFORT, Ky. pursuant to 28 U.S.C. 636(b) (1)(A) this matter is referred to a Magistrate Judge. Clerk's Office is directed to select a Magistrate Judge by blind rotating draw. Signed by Judge Gregory F. Van Tatenhove on 1/4/2017.(CBD)cc: COR, D |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #22 Joint Report of Rule 26(f) Planning Meeting (CBD) |
Filing 22 JOINT REPORT of Rule 26(f) Planning Meeting. (Gadansky, Chris) |
Filing 21 ORDER FOR MEETING AND REPORT: (Rule 26 Meeting Report due by 1/17/2017). Signed by Judge Gregory F. VanTatenhove on 12/7/2016. (Attachments: #1 Magistrate Judge Consent Form)(AKR)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review #20 Answer to Complaint (AKR) Modified text on 12/5/2016 (CBD). |
Filing 20 ANSWER to Complaint by William Anthony Carey.(Petitt, Carol) |
Filing 19 ANSWER to Complaint with Jury Demand by Christy Bailey, Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Gadansky, Chris) |
Clerk's Note re #18 Answer to Complaint: Defendants state "Kristin Newton" was incorrectly identified in complaint #1 as "Kristy Newton." (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #19 Answer to Complaint, Clerk's Note dated 10/20/2016 (CBD) |
NOTICE OF DOCKET MODIFICATION TO Chris Gadansky re #17 Amended Document; Error: the Amended Answer to #1 was incorrectly filed using the event "Amended Document." Entry by attorney; Clerk modified the docket text of #17 to state, "incorrectly filed." Clerk filed the Amended Answer as #18 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (CBD) |
Filing 18 AMENDED ANSWER to Complaint #1 with Jury Demand by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(CBD) Modified text on 10/20/2016 (CBD). |
Filing 17 INCORRECTLY FILED - AMENDED DOCUMENT by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge. Amendment to #15 Answer to Complaint . (Brannon, Margaret) See DE #18 for CORRECTED entry of this pleading. Modified entry text on 10/20/2016 (CBD). |
Filing 16 FRCP 7.1 DISCLOSURE STATEMENT by Southern Health Partners, Inc.. (Brannon, Margaret) |
Filing 15 ANSWER to Complaint with Jury Demand by Christy Coleman, Stacy Jensen, Heather Lowe, Geri McClain, Kristy Newton, Southern Health Partners, Inc., Ronald Waldridge.(Brannon, Margaret) |
Filing 14 ORDER: that the Defendants, Southern Health Partners, Inc., Ronald Waldridge, M.D., Stacy Jensen, Heather Lowe and Christy Coleman shall have up to and including October 17, 2016, in which to file a responsive pleading to the Plaintiff's Complaint. Signed by Judge Gregory F. VanTatenhove on 10/5/2016.(AKR)cc: COR |
Filing 13 SUMMONS Returned Executed by Joshua Reece via Certified Mail to William Anthony Carey served on 9/12/2016, answer due 10/3/2016; Shelby County, Kentucky served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Summons, #2 Receipt, #3 Receipt, #4 Summons, #5 Receipt)(Adams, Garry) |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #12 Proposed Agreed Order/Stipulation for Extension of Time to File Responsive Pleading by Christy Coleman, Stacy Jensen, Heather Lowe, Southern Health Partners, Inc., Ronald Waldridge. (AKR) |
Attorney Update. Attorney Robert Franklin Duncan,Margaret Jane Brannon for Christy Coleman,Robert Franklin Duncan,Margaret Jane Brannon for Stacy Jensen,Robert Franklin Duncan,Margaret Jane Brannon for Heather Lowe,Robert Franklin Duncan,Margaret Jane Brannon for Southern Health Partners, Inc.,Robert Franklin Duncan,Margaret Jane Brannon for Ronald Waldridge added. (AKR) |
Filing 12 Proposed Agreed Order/Stipulation for Extension of Time to File Responsive Pleading by Christy Coleman, Stacy Jensen, Heather Lowe, Southern Health Partners, Inc., Ronald Waldridge. (Brannon, Margaret) |
Filing 11 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Bobby Waits served on 9/21/2016, answer due 10/12/2016. (Attachments: #1 Summons, #2 Receipt)(Canon, Daniel) |
Filing 10 NOTICE OF FILING SUMMONS Returned Executed by Joshua Reece via Certified Mail to Christy Coleman and Stacy Jensen by Joshua Reece (Attachments: #1 Summons Heather Lowe Summons, #2 Summons Christy Coleman Summons, #3 Summons Stacy Jensen Summons)(Canon, Daniel) Modified text on 9/23/2016 (CBD). |
Filing 9 NOTICE OF FILING SUMMONS Returned Executed by Joshua Reece via Certified Mail to Ronald Waldridge and Bobby Waits by Joshua Reece (Attachments: #1 Summons Ronald Waldridge Summons, #2 Summons Bobby Waits Summons)(Canon, Daniel) Modified text on 9/23/2016 (CBD). |
Filing 8 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Ronald Waldridge served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Receipt)(Adams, Garry) |
Filing 7 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Bobby Waits (Official Capacity) served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Receipt)(Adams, Garry) Modified text on 9/20/2016 (CBD). |
Filing 6 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Heather Lowe served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Receipt)(Adams, Garry) |
Filing 5 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Stacy Jensen served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Receipt)(Adams, Garry) |
Filing 4 SUMMONS Returned Executed by Joshua Reece via Certified Mail to Christy Coleman served on 9/12/2016, answer due 10/3/2016. (Attachments: #1 Receipt)(Adams, Garry) |
NOTICE OF DEFICIENCY TO G. Adams re #8 Summons Returned Executed, #7 Summons Returned Executed. Error: Blank declaration pages and green cards without signature dates were attached to the Main Document. Within7 calendar days, file the declaration of service pages completed which state the name of person served, method of service including CMRR Tracking Number and dates of delivery as an electronic attachment to a document entitled Notice of Filing with a certificate of service. cc: COR (CBD) |
Case no longer referred to PSO per chamabers. (CBD) |
Filing 3 Summons Issued as to Christy Bailey, William Anthony Carey, Christy Coleman, John Does, Stacy Jensen, Heather Lowe, Geri McClain, Heather Neal, Kristy Newton, Shelby County, Kentucky, Southern Health Partners, Inc., Bobby Waits (Individually), Bobby Waits (Officially), Ronald Waldridge; Summons issued and returned to counsel electronically (CBD) |
Filing 1 COMPLAINT referred to PSO. ( Filing fee $400; receipt number 0643-3582890.), filed by Joshua Reece. (Attachments: #1 Civil Cover Sheet, #2 Summons Bobby Waits, #3 Summons Christy Bailey, #4 Summons Christy Coleman, #5 Summons Geri McClain, #6 Summons Heather Lowe, #7 Summons Heather Neal, #8 Summons Kristy Newton, #9 Summons Shelby County, #10 Summons Ron Waldridge, #11 Summons Southern Health Partners, #12 Summons Stacy Jensen, #13 Summons William Anthony Carey)(CBD) |
Conflict Check run. (CBD) |
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