Manley v. Franklin County, Kentucky et al
| Brandon S. Manley |
| New Vista of the Bluegrass, Inc., Franklin County, Kentucky, Jake Banta, Arbeck, Courtney Storm Crase, John and Jane Does, Bluegrass.Org, Inc., L.S. Kaplan, Laura Becker, Western Kentucky Correctional Healthcare, LLC, Sabina Trivette and R. Calvert |
| 3:2023cv00016 |
| March 14, 2023 |
| US District Court for the Eastern District of Kentucky |
| Candace J Smith |
| Gregory F VanTatenhove |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 41
MINUTE ENTRY ORDER FOR TELEPHONIC MOTION HEARING held on 11/3/2023 re #37 Proposed Agreed Order Proposed Agreed Protective Order before Magistrate Judge Candace J. Smith: The Court discussed with counsel the deficiencies with the order as proposed. IT IS ORDERED that the parties' Agreed Protective Order (R. #37 ) is hereby DENIED without prejudice. The parties are free to submit another proposed agreed protective order with the type of revisions discussed in today's call. Signed by Magistrate Judge Candace J. Smith. (Tape #KYED-COV__3-23-cv-16-GFTV-CJS _20231103_104026.) (JJ)cc: COR
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| Filing 40 NOTICE by Western Kentucky Correctional Healthcare, LLC of Service of Supplemental Discovery Responses (DeSimone, Andrew) |
| Filing 39 MOTION for Leave to File by Brandon S. Manley First Amended Complaint Motions referred to Candace J. Smith. (Attachments: #1 Exhibit First Amended Complaint, #2 Proposed Order)(Belzley, Gregory) |
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Filing 38
ORDER: TELEPHONIC MOTION HEARING re Proposed Agreed Protective Order #37 is set for 11/3/2023 at10:30 AM in COVINGTON. Signed by Magistrate Judge Candace J. Smith on 10/27/2023.(CBD)cc: COR, Cov D
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #37 Proposed Agreed Protectiver (CBD) |
| Filing 37 Proposed Agreed Order Proposed Agreed Protective Order by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC. (DeSimone, Andrew) |
| Filing 36 NOTICE OF FILING by Laura Becker, L.S. Kaplan, New Vista of the Bluegrass, Inc. Discovery Responses to Plaintiff (Johnson, Craig) |
| Filing 35 NOTICE OF SERVICE of Plaintiffs Supplemental Response to First Set of Written Discovery Requests Propounded by Defendants by Brandon S. Manley (Hawkins, Michael) Modified text on 9/29/2023 (CBD). |
| NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #34 Notice of Service was an INCORRECT PDF document filed as main document; Attorney having filed the corrected Notice of Service #35 , no further action is required. *CBD* cc: COR (CBD) |
| Clerk's Note: Counsel advised incorrect PDF filed as main document re #34 . (CBD) |
| Filing 34 STRICKEN FROM DOCKET: INCORRECT DOCUMENT PURSUANT to Notice of Action Striking Document filed on 9/29/2023 Modified on 9/29/2023 (CBD). |
| Filing 33 NOTICE by Arbeck, Jake Banta, Courtney Storm Crase, Franklin County, Kentucky of Service of their First Set of Interrogatories and Requests for Production to the Plaintiff (Stilz, D.) |
| Filing 32 NOTICE by Laura Becker, New Vista of the Bluegrass, Inc. Notice of Withdrawal and Entry of Appearance (Whitmer, Robert) |
| Attorney Update. Attorney Robert Lee Whitmer for Laura Becker,Robert Lee Whitmer for New Vista of the Bluegrass, Inc. added. Attorney Timothy B. George, Jr terminated. (CBD) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #8 Answer to Complaint, Clerk's Note. (CBD) |
| Clerk's Note: Defendant states in #8 Amended Answer that the Complaint identifies L.S. Kaplan, Individually and Laura Becker, LCSW, Individually as Defendants. L.S. Kaplan and Laura Becker are the same individual. Laura Becker was formally known as Laura Kaplan. (CBD) |
| Filing 31 CERTIFICATION OF COUNSEL PURSUANT TO KRS 411.188 of notifying Passport, by and through its agent, Conduent by Brandon S. Manley (Hawkins, Michael) Modified text on 9/20/2023 (CBD). (Additional attachment(s) added on 9/20/2023: #1 CORRECTED Main Document) (CBD). |
| NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Michael Hawkins re #31 Notice of Filing, ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (CBD) |
| Filing 30 NOTICE by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC of Service of Discovery Responses (DeSimone, Andrew) |
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Filing 29
AGREED ORDER: IT IS HEREBY ORDERED that counsel for all Defendants may engage in ex parte communications with Brandon S. Manley's treating providers according to the terms and conditions provided within this Agreed Order. Signed by Magistrate Judge Candace J. Smith on 8/30/2023. (JJ)cc: COR
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| Filing 28 Proposed Agreed Order on Ex Parte Communications by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC. (DeSimone, Andrew) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #28 Proposed Agreed Order on Ex Parte Communications (CBD) |
| Filing 27 NOTICE of Service by Arbeck, Jake Banta, Courtney Storm Crase, Franklin County, Kentucky (Stilz, D.) Modified text on 8/18/2023 (JJ). |
| Filing 26 NOTICE OF SERVICE of Discovery by Brandon S. Manley (Hawkins, Michael) Modified text on 8/3/2023 (CBD). |
| Filing 25 NOTICE by Jake Banta, Franklin County, Kentucky of Service of their Responses to Defendants West Kentucky Correctional Healthcare, LLC, Sabina Trivette, LPN, and Rebecca Calvert, LPN's Requests for Production of Documents (Zellen, Lynn) |
| Filing 24 NOTICE by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC of Service of Discovery Responses (DeSimone, Andrew) |
| Filing 23 NOTICE by Laura Becker, New Vista of the Bluegrass, Inc. of Service of Rule 26 Initial Disclosures (Johnson, Craig) |
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Filing 22
ORDER : Defendant New Vista of the Bluegrass, Inc.'s Initial Disclosures (R. 19 ) shall be stricken from the docket by the Clerk. Signed by Magistrate Judge Candace J. Smith on 6/27/2023.(CBD)cc: COR
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| Filing 21 NOTICE by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC of Service of Initial Rule 26 Disclosures (DeSimone, Andrew) |
| Filing 20 NOTICE by Arbeck, Jake Banta, Courtney Storm Crase, Franklin County, Kentucky of Service of Franklin County Defendants' Rule 26(a)(1) Initial Disclosures (Stilz, D.) |
| Filing 18 NOTICE of Appearance by Craig L. Johnson on behalf of Laura Becker, New Vista of the Bluegrass, Inc. (Johnson, Craig) |
| Filing 17 NOTICE by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC of Discovery Requests to Defendants (DeSimone, Andrew) |
| Filing 16 NOTICE of Service of Discovery to Plaintiff by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC (DeSimone, Andrew) Modified text on 6/7/2023 (JJ). |
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Filing 15
SCHEDULING ORDER:DISCOVERY1. Parties will complete Rule 26(a)(1) initial disclosures on or before June 26, 2023. (a) All fact & expert discovery shall be completed by May 1, 2024. 2. Purs to FRCP Rule 5(d), parties shall observethe following directives regarding the filing of discovery materials in this case: (a) Rule 26(a)(1) Initial Disclosures, Interrogatories and Answers or other responses thereto, Requests for Production of Documents and Answers or other responses thereto, Requests for Admission and Answers thereto, and any documents or tangible things produced pursuant to such discovery requests, as well as any discovery depositions not subject to part (b), shall not be filed. (b) The Plaf shall disclose his expert witnesses on or before January 15, 2024. (c) Dft shall disclose its expert witnesses on or before March 15, 2024.3. Discovery disputes shal l be resolved in the following manner: see (a) - (d). DISPOSITIVE MOTIONS Ptys shall have to and including June 1, 2024, by which to file dispositive motions, motions in limine, and/or Daubert motions. 1. Plaf shall have up to and including October 31, 2023, to amend pleadings & join additional parties. 2. Dft shall have up to and including October 31, 2023, to amend pleadings and join additional parties. PRETRIAL 1. The Final PTC is hereby scheduled for Monday, September 9, 2024, at the hour of 3:30 p.m. in the Courtroom of the US Courthouse in Frankfort, Kentucky. Final PTC shall be attended by the attorneys who will be trying the case, as well as the parties themselves, or a corporate/carrier representative with full settlement authority. 2. No later than thirty (30) days prior to the Final PTC, counselshall file with the Clerk an original, shall submit a copy to the Courts chambers, and shall provide a copy to opposing counsel of the following, each to be filed as a separate document: See (a) - (c).. 3. No later than fourteen (14) days prior to the Final PTC, counsel shall file:See (a) - (c). 4. No later than ten (10) days prior to the Final PTC, counsel shall file with the Clerk an original, shall submit a copy to the Courts chambers, and shall provide a copy to opposing counsel of the following, each to be filed as a separate document: See (a) - (e). 5. At the Final PTC, counsel for the parties shall be prepared to: See (a) - (e). 6. Court Copies. In addition to the official copies filed with the Clerk, the following documents shall be submitted to the undersigneds Chambers electronically: See (a) - (e). These documents shall be transmitted in Word Document format as an email attachment to GFVT chambers@kyed.uscourts.gov. TRIAL This action is hereby set for Jury Trial on Tuesday, September 24, 2024, at the hour of 10:00 a.m. in the Courtroom of the US in Frankfort, Kentucky, with counsel to arrive by 9:30 a.m. The trial is expected to last four to six (4-6 ) days.EXTENSIONS OF TIME Requests to modify any dates or ddls established by this order shall be submitted upon motion filed prior to expiration of the ddl in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. REFERRAL TO MAGISTRATE JUDGE IT IS FURTHER ORDERED that this matter is referred to a Magistrate Judge for the purpose of: See (1) & (2) Dispositive motions will be referred by the Clerk to the appropriate US District Judge. Signed by Judge Gregory F. Van Tatenhove on 6/2/23.(MJY)cc: COR, FRT
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith. for review: #15 Scheduling Order. (MJY) |
| Filing 13 ANSWER to #1 Complaint by Arbeck, Courtney Storm Crase.(Stilz, D.) |
| Attorney Update. Attorney Lynn Sowards Zellen for Courtney Storm Crase added. (CBD) |
| Clerk's Note: #13 Answer to Complaint identified named defendant "Arbeck" as "Christine Arbec." (CBD) |
| Filing 12 JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #12 Joint Report of Rule 26(f) Planning Meeting (JJ) |
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Filing 11
ORDER FOR MEETING AND REPORT: 1. NLT 30 days, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). 2. At the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1). 3. NLT 10 days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. This report shall conform to Federal Rules of Civil Procedure Appendix Form 52. 4. In the event this matter involves a corporation or partnership, the party is directed to advise the Court at the time of the submission of the parties' joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Judge Gregory F. Van Tatenhove on 5/12/2023. (Attachments: #1 Consent to a Magistrate Judge Form)(JJ)cc: COR
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| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Western Kentucky Correctional Healthcare, LLC. (DeSimone, Andrew) |
| Filing 9 ANSWER to #1 Complaint with Jury Demand by R. Calvert, Sabina Trivette, Western Kentucky Correctional Healthcare, LLC.(DeSimone, Andrew) |
| Filing 8 AMENDED ANSWER to #1 Complaint by Laura Becker, L.S. Kaplan, New Vista of the Bluegrass, Inc..(Johnson, Craig) |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Laura Becker, L.S. Kaplan, New Vista of the Bluegrass, Inc.. (Johnson, Craig) |
| Filing 6 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Craig Johnson. #4 Answer to Complaint has been filed by New Vista of the Bluegrass, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) |
| Filing 5 ANSWER to #1 Complaint by Jake Banta, Franklin County, Kentucky.(Stilz, D.) |
| Attorney Update. Attorney Lynn Sowards Zellen for Jake Banta,Lynn Sowards Zellen for Franklin County, Kentucky added. (CBD) |
| Filing 4 ANSWER to #1 Complaint by Laura Becker, L.S. Kaplan, New Vista of the Bluegrass, Inc..(Johnson, Craig) |
| Case no longer referred to PSO per chambers (CBD) |
| Filing 3 Summons Issued as to Arbeck, Jake Banta, Laura Becker, R. Calvert, Courtney Storm Crase, Franklin County, Kentucky, L.S. Kaplan, New Vista of the Bluegrass, Inc., Sabina Trivette, Western Kentucky Correctional Healthcare, LLC; Summons issued and returned to counsel electronically. (JJ) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5504188), filed by Brandon S. Manley. (Attachments: #1 Civil Cover Sheet, #2 Summons)(JJ) |
| Conflict Check run. (JJ) |
| Clerk's Note: Clerk unable to issue Summons as to named Defendant "All persons whose initials and/or badge numbers appear on the observation records for Brandon Manley for March 24-27, 2022." (JJ) |
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