Austin v. Tanner et al

Plaintiff: Wesley Shane Austin
Defendant: Robert Tanner, Beverly Kelly, Charles Barkermeyer, Robert Cleveland and Lesley Wheat
Case Number: 2:2019cv11361
Filed: June 25, 2019
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Michael North
Referring Judge: Wendy B Vitter
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2022 Filing 66 REPORT AND RECOMMENDATION that the #51 Motion for Summary Judgment be GRANTED, and Plaintiff's claims against Robert Tanner, Dr. Robert Cleveland, Beverly Kelly, and Lesley Wheat be DISMISSED, as set forth herein. Objections to R&R due by 3/11/2022. Signed by Magistrate Judge Michael North on 2/24/2022.(jls)
January 6, 2022 Filing 65 RESPONSE/MEMORANDUM in Opposition filed by Wesley Shane Austin re #51 MOTION for Summary Judgment . (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(aj)
December 17, 2021 Filing 64 ORDER re #63 Motion to Enforce Previous Order: To the extent that they have not done so, IT IS ORDERED that the motion is GRANTED, and Defendants shall produce to Plaintiff his medical records generated subsequent to October 18, 2019 no later than Monday, December 20, 2021. Signed by Magistrate Judge Michael North on 12/17/2021. (jls)
December 13, 2021 Filing 63 MOTION to Enforce Previous Order by Wesley Shane Austin. Motion(s) referred to Michael North. (js)
December 9, 2021 Filing 62 ORDER: IT IS HEREBY ORDERED that the #60 Motion is GRANTED. Assistant Attorney General, Kristian B. Dobard is hereby withdrawn as counsel of record for Defendants Robert Tanner, Dr. Robert Cleveland, Beverly Kelly, and Lesley Wheat.IT IS FURTHER ORDERED that Assistant Attorney General, Erin Bridget Wheeler (Bar Roll #37546) be permitted to enroll as counsel of record for Robert Tanner, Dr. Robert Cleveland, Beverly Kelly, and Lesley Wheat. Signed by Judge Wendy B Vitter on 12/9/2021. (jeg)
December 8, 2021 Filing 61 ORDER OF REFERRAL: IT IS ORDERED, in accordance with Rule 73 of the Local Rules of this Court, that #17 MOTION to Dismiss for Failure to State a Claim and #51 MOTION for Summary Judgment for submission of Findings and Recommendations pursuant to 28 U.S.C. 636(b)(1)(B) be referred to Magistrate Michael North. Signed by Judge Wendy B Vitter on 12/8/2021.(jeg)
December 7, 2021 Filing 60 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Erin Bridget Wheeler to be substituted in place of Kristian B. Dobard by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. (Attachments: #1 Proposed Order).(Wheeler, Erin) Modified text on 12/8/2021 (jeg).
November 19, 2021 Filing 59 Order: IT IS ORDERED that the automatic referral of this matter to the Magistrate Judge is hereby VACATED. Signed by Judge Wendy B Vitter on 11/18/2021.(jeg)
November 15, 2021 Filing 58 ORDER ON CONSENT: One of the parties to this proceeding does not wish to consent to proceed to trial before a Magistrate Judge under 28 U.S.C. 636(c). Accordingly, the matter is hereby returned to the docket of the presiding District Judge for further proceedings except those enumerated in Local Rule 72.1. Signed by Magistrate Judge Michael North on 11/15/2021. (Sect D)(caa)
October 25, 2021 Filing 57 ORDER: If the parties are willing to proceed before a United States Magistrate Judge, they are to separately sign and date the attached forms and return them to the Court no later than Friday, 11/12/2021. Failure to return the executed forms shall be considered a declination to consent and a preference to proceed before the assigned District Judge, the Honorable Wendy B. Vitter. The parties are also specifically advised that they may, without adverse substantive consequences, withhold consent if they so choose. Signed by Magistrate Judge Michael North on 10/24/2021.(jls)
September 20, 2021 Filing 56 RESPONSE/MEMORANDUM in Opposition filed by Wesley Shane Austin re #53 MOTION to Stay Discovery. (js)
September 7, 2021 Filing 55 NOTICE TO PRODUCE HARD COPY re #51 MOTION for Summary Judgment. Because rec. doc. 51 contains more than 50 pages, counsel for the movant(s) must deliver to chambers within three working days a hard copy of the submission in a binder with tabbed dividers for all exhibits and attachments, as set forth herein. Issued by the Clerk for Magistrate Judge Michael North.(jls)
August 27, 2021 Filing 54 ORDER GRANTING #52 Motion for Leave to File Document Under Seal. Signed by Magistrate Judge Michael North on 8/27/2021. (jls)
August 26, 2021 Filing 53 MOTION to Stay Discovery by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. Motion(s) will be submitted on 10/6/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Dobard, Kristian)
August 26, 2021 Filing 52 EXPARTE/CONSENT MOTION for Leave to File to File Document Under Seal by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. (Attachments: #1 Memorandum in Support, #2 Notice of Manual Attachment Exhibit E, #3 Proposed Order)(Dobard, Kristian)
August 26, 2021 Filing 51 MOTION for Summary Judgment by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. Motion(s) will be submitted on 10/6/2021. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E (to be filed under seal), #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(Dobard, Kristian) (Additional attachment(s) added on 9/8/2021: #14 Sealed Exhibit E-Part 1 of 3, #15 Sealed Exhibit E-Part 2 of 3, #16 Sealed Exhibit E-Part 3 of 3) (jls). Modified text on 12/13/2021 (jls).
August 25, 2021 Filing 50 ORDERED that the Court will now take up Defendants' previously-filed #17 motion to dismiss, as efforts to amicably resolve this case having been unsuccessful. Defendants are given 30 days within which to supplement their motion if they so choose and to provide the Court and Plaintiff with a copy of Plaintiff's medical records that were generated subsequent to 10/18/2019. Plaintiff is given 30 days following Defendants' supplemental submission(s) within which to supplement his memorandum in opposition to Defendants' motion (rec. doc. 21), following which the matter will be taken under advisement. Signed by Magistrate Judge Michael North on 8/25/2021.(jls)
February 11, 2021 Filing 49 Minute Entry for proceedings held before Magistrate Judge Michael North: Status Conference held on 2/11/2021. (caa)
February 5, 2021 Filing 48 ORDER - Telephone Conference set for 2/11/2021 at 10:00 AM before Magistrate Judge Michael North. The Warden of B.B. "Sixty" Rayburn Correctional Center is hereby ORDERED to make the Plaintiff available for this conference call and to contact the undersigned's office on or before February 9, 2021 at 504-589-7610 and provide a telephone number where Plaintiff can be reached at the time of the conference. Signed by Magistrate Judge Michael North on 2/5/2021. (dw) (cc: Warden)
January 20, 2021 Filing 47 Minute Entry for proceedings held before Magistrate Judge Michael North: Telephone Conference held on 1/20/2021. Within one week, defense counsel is to advise the undersigned whether a court-ordered appointment for Plaintiff with an outside neurologist is acceptable and can be secured. (caa)
January 4, 2021 Filing 46 ORDER: A telephone conference in the matter is hereby SCHEDULED for 1/20/2021 at 2:00 p.m. The Warden of B.B. "Sixty" Rayburn Correctional Center is hereby ORDERED to make the Plaintiff available for this conference call and to contact the undersigned's office on or before 1/14/2021 at 504-589-7610 and provide a telephone number where Plaintiff can be reached at the time of the conference. Signed by Magistrate Judge Michael North on 1/4/2021. (cc: Warden B.B. Sixty Rayburn Correctional Center)(caa)
December 30, 2020 Filing 45 ORDER granting #44 Motion for Phone Conference. A separate order scheduling a phone conference will be issued. Signed by Magistrate Judge Michael North on 12/29/2020. (caa)
December 17, 2020 Filing 44 EXPARTE/CONSENT MOTION for Phone Conference by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg)
September 14, 2020 Filing 43 ORDER - Defendants' motion to dismiss (rec. doc. #17 ) is hereby DISMISSED without prejudice to their right to re-urge same following the normalization of operations at RCC and the easing of pandemic-related restrictions so that the possibility of settlement can be fully explored and exhausted. Signed by Magistrate Judge Michael North on 9/11/2020. (dw)
March 30, 2020 Filing 42 ORDER - The telephone conference in the above matter scheduled for March 30, 2020 at 11:00 a.m. is hereby cancelled, same to be rescheduled on a date to be determined. Signed by Magistrate Judge Michael North on 3/30/20.(dw) (cc: Warden) Modified text on 3/30/2020 (dw).
March 17, 2020 Filing 41 ORDER - The telephone conference in the above matter is hereby RESCHEDULED for March 30, 2020 at 11:00 a.m. Signed by Magistrate Judge Michael North on 3/17/2020.(dw) (cc: Warden)
March 5, 2020 Filing 40 Summons Returned Unexecuted as to Charles Barkermeyer. (mp)
March 5, 2020 Filing 39 ORDER - A telephone conference in the above matter is hereby SCHEDULED for March 23, 2020 at 11:00 a.m. The Warden of B.B. "Sixty" Rayburn Correctional Center is hereby ORDERED to make the Plaintiff available for this conference call and to contact the undersigned's office on or before March 18, 2020 at 504-589-7610 and provide a telephone number where Plaintiff can be reached at the time of the conference. Signed by Magistrate Judge Michael North on 3/5/2020. (dw) (cc: Warden)
February 19, 2020 Filing 38 Minute Entry for proceedings held before Magistrate Judge Michael North: Telephone Conference held on 2/19/2020 re Plaintiff's "Notice of Settlement Offer." (Rec. doc. #36 ). Within two weeks, defense counsel is to advise the Court whether an appointment for Plaintiff can be secured with a different neurologist or neurosurgeon. The phone conference will then be reconvened on a date to be determined. (dw)
January 30, 2020 Filing 37 ORDER - A phone conference on Plaintiff's Notice of Settlement Offer (rec. doc. #36 ) is hereby scheduled for February 19, 2020 at 1:30 p.m. The Warden of B.B. Sixty Rayburn Correctional Center is hereby ORDERED to make the Plaintiff available for this conference call and to contact the undersigned's office on or before February 12, 2020 at 504-589-7610 and provide a telephone number where Plaintiff can be reached at the time of the conference. Signed by Magistrate Judge Michael North on 1/30/2020. (dw) (cc: Warden)
January 16, 2020 Filing 35 ORDER GRANTING #34 Motion to Enroll as Counsel of Record for Attorney Kristian B Dobard for Robert Cleveland, Beverly Kelly, Robert Tanner,and Lesley Wheat. Signed by Magistrate Judge Michael North on 1/15/2020. (dw)
January 15, 2020 Filing 36 NOTICE of Settlement Offer by Wesley Shane Austin. (jeg)
January 14, 2020 Filing 34 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(O'Brien, Angela)
December 23, 2019 Filing 33 Summons Issued as to Charles Barkermeyer. (cg)(2cc: USM w Order)
December 23, 2019 Filing 32 Minute Entry for proceedings held before Magistrate Judge Michael North: Scheduling Conference held on 12/23/2019. The preliminary conference could not go forward as scheduled as one of the named Defendants, Dr. Charles Barkermeyer, has not yet been served. The Clerk's Office is directed to re-issue summons to the doctor at that address and to forward same to the Marshal for service purposes. The preliminary conference will then be reconvened on a date to be determined. (cg)
December 4, 2019 Filing 31 ORDER DENYING #27 Motion for Entry of Default as to Defendant, Charles Barkermeyer. Signed by Clerk on 12/4/2019. (dw)
December 2, 2019 Filing 29 ORDER GRANTING #28 Motion to Substitute Attorney. Assistant Attorney General, Angela J. OBrien (Bar Roll #34010), is substituted as lead counsel of record for Defendants in this matter, and former Assistant Attorney General, Victoria J. Cvitanovic, is withdrawn. Signed by Magistrate Judge Michael North on 12/2/2019. (dw)
November 27, 2019 Filing 28 EXPARTE/CONSENT MOTION to Substitute Attorney by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)(O'Brien, Angela)
November 26, 2019 Filing 30 Summons Returned Unexecuted as to Charles Barkermeyer. (jeg)
November 21, 2019 Filing 26 ORDER SCHEDULING PRELIMINARY CONFERENCE for 12/20/2019 at 10:00 AM before the undersigned. The parties shall participate via telephone with the Magistrate Judges office initiating the conference. Signed by Magistrate Judge Michael North on 11/21/2019. (dw) (cc: Warden)
November 20, 2019 Filing 27 MOTION for Entry of Default as to Charles Barkermeyer by Wesley Shane Austin. (Attachments: #1 Exhibit)(jeg)
November 6, 2019 Filing 25 Summons Returned Unexecuted as to Charles Barkermeyer. (jeg)
November 4, 2019 Filing 24 Supplemental Memorandum filed by Wesley Shane Austin, in Opposition of #17 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit)(jeg)
October 31, 2019 Filing 23 ORDER GRANTING #22 Plaintiff's Motion for 30 Day Extension of Time to Supplement Opposition to Motion to Dismiss. Signed by Magistrate Judge Michael North on 10/30/2019. (dw)
October 25, 2019 Filing 22 EXPARTE/CONSENT MOTION for Extension of Time to File Supplement Opposition and Notice to the Court. by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg)
October 10, 2019 Filing 20 ORDER that no later than 11/8/2019, counsel for the Defendants are to furnish a verified copy of the medical records, to be maintained under seal, of the Plaintiff, Wesley Shane Austin #504845, to the undersigned. A copy of the records should also be sent to the Plaintiff. Signed by Magistrate Judge Michael North on 10/10/2019.(caa)
October 4, 2019 Filing 21 RESPONSE/MEMORANDUM in Opposition filed by Wesley Shane Austin re #17 MOTION to Dismiss for Failure to State a Claim . (jeg)
September 23, 2019 Filing 19 Summons Issued as to Charles Barkermeyer. (jeg) (CC: USM)
September 19, 2019 Filing 18 Request of Summons Issued as to Charles Barkermeyer filed by Wesley Shane Austin re #1 Complaint. (Attachments: #1 Attachments)(jeg)
September 17, 2019 Filing 17 MOTION to Dismiss for Failure to State a Claim by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. Motion(s) will be submitted on 10/8/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Cvitanovic, Victoria)
September 10, 2019 Filing 16 ORDER DENYING #15 Motion to Appoint Counsel. Signed by Magistrate Judge Michael North on 9/10/19. (clc)
September 5, 2019 Filing 15 EXPARTE/CONSENT MOTION to Appoint Counsel by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg)
August 30, 2019 Filing 14 ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. Defendants, Warden Robert Tanner, Doctor Robert Cleveland, Assistant Warden Beverly Kelly, and Nurse Lesley Wheat, are hereby granted an additional (21) days from the date of the filing of this Motion or up to and including 9/17/2019, to file responsive pleadings to the Plaintiffs Complaint. Signed by Magistrate Judge Michael North on 8/30/2019. (caa)
August 28, 2019 Filing 13 ORDER denying without prejudice #11 Motion to Impose Expenses of Service. Signed by Magistrate Judge Michael North on 8/26/2019. (caa)
August 27, 2019 Filing 12 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order)Attorney Angela J. O'Brien added to party Robert Cleveland(pty:dft), Attorney Angela J. O'Brien added to party Beverly Kelly(pty:dft), Attorney Angela J. O'Brien added to party Robert Tanner(pty:dft), Attorney Angela J. O'Brien added to party Lesley Wheat (pty:dft).(O'Brien, Angela)
August 20, 2019 Filing 11 EXPARTE/CONSENT MOTION to Impose Expenses of Service by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg)
August 7, 2019 Filing 10 SUMMONS Returned Executed; Robert Cleveland served on 8/6/2019, answer due 8/27/2019. (am)
August 7, 2019 Filing 9 SUMMONS Returned Executed; Lesley Wheat served on 8/6/2019, answer due 8/27/2019. (am)
August 7, 2019 Filing 8 SUMMONS Returned Executed; Beverly Kelly served on 8/6/2019, answer due 8/27/2019. (am)
August 7, 2019 Filing 7 SUMMONS Returned Executed; Robert Tanner served on 8/6/2019, answer due 8/27/2019. (am)
July 19, 2019 Filing 6 Summons Issued as to Charles Barkermeyer, Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(caa)
July 19, 2019 Filing 5 PAUPER ORDER Granting Leave to Proceed In Forma Pauperis with a partial payment of $19.60 and directing the remainder of filing fee be made from Prisoner Account as to Wesley Shane Austin in monthly payments as set out in document. Signed by Magistrate Judge Michael North on 7/19/2019. (cc: USM, Warden Rayburn Correctional Center)(caa)
July 11, 2019 Filing 4 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg) (Additional attachment(s) added on 7/15/2019: #1 Originally Filed Document) (jeg).
June 28, 2019 Filing 3 NOTICE OF DEFICIENT ProSe DOCUMENT: re #2 Motion for Leave to Proceed in forma pauperis. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 7/19/2019. (jeg)
June 25, 2019 Filing 2 **DEFICIENT** EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Wesley Shane Austin. Motion(s) referred to Michael North. (jeg)
June 25, 2019 Filing 1 COMPLAINT against Charles Barkermeyer, Robert Cleveland, Beverly Kelly, Robert Tanner, Lesley Wheat filed by Wesley Shane Austin. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(jeg)

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Search for this case: Austin v. Tanner et al
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Defendant: Robert Tanner
Represented By: Erin Bridget Wheeler
Represented By: Angela J. O'Brien
Represented By: Kristian B Dobard
Represented By: Victoria J. Cvitanovic
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Defendant: Beverly Kelly
Represented By: Erin Bridget Wheeler
Represented By: Angela J. O'Brien
Represented By: Kristian B Dobard
Represented By: Victoria J. Cvitanovic
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Defendant: Charles Barkermeyer
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Defendant: Robert Cleveland
Represented By: Erin Bridget Wheeler
Represented By: Angela J. O'Brien
Represented By: Kristian B Dobard
Represented By: Victoria J. Cvitanovic
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Defendant: Lesley Wheat
Represented By: Erin Bridget Wheeler
Represented By: Angela J. O'Brien
Represented By: Kristian B Dobard
Represented By: Victoria J. Cvitanovic
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Plaintiff: Wesley Shane Austin
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