Meherg v. Cook County Dept. of Corr. et al
| Paul Skrivan, PA-C, Officer John Doe 1 and Scott K Meherg, Jr |
| Cook County Dept. of Corr., Dr. Akinrinola Fatoki, Dr. Charles Pewitt, Dr. John Doe, Thomas Dart, Service List and Paul A. Skrivan |
| 1:2020cv00015 |
| January 23, 2020 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Catherine D Perry |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 55 NOTICE Plaintiff's Mailing Address: by Plaintiff Scott K Meherg, Jr (Devroye, Jennifer) |
| Filing 54 MOTION to Appoint Counsel by Plaintiff Scott K Meherg, Jr. (Attachments: #1 Exhibit - Motion to Proceed in Forma Pauperis and Affidavit in Support - Habeas Cases)(CSG) |
Filing 53
ORDER: IT IS HEREBY ORDERED that the Rule 16 conference presently set for March 12, 2020, is POSTPONED and will be reset upon further Order. IT IS FURTHER ORDERED that the Clerk of Court shall detach plaintiff Scott K. Meherg, Jr.'s motion for appointment of counsel (ECF 52-7) from the motion to withdraw and docket the motion for appointment of counsel as a separate entry on the docket sheet. Meherg's motion to proceed in forma pauperis and affidavit in support (ECF 52-6) shall likewise be detached from the motion to withdraw and docketed as an exhibit to the motion for appointment of counsel. IT IS FURTHER ORDERED that present counsels motion to withdraw will remain under submission pending the appointment of new counsel. Until such time as new counsel is appointed, present counsel shall maintain their file of this case and are reminded of their obligation to turn over the complete file to new counsel once appointed. IT IS FURTHER ORDERED that present counsel shall mail a copy of this Order to plaintiff Scott K. Meherg, Jr., and shall provide to the Court forthwith plaintiff's current mailing address, including registration number if applicable. Signed by District Judge Catherine D. Perry on 3/6/20. (CSG)
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| Filing 52 MOTION to Withdraw as Attorney ;attorney/firm Jeffrey Widman/Jennifer Devroye/Fox Rothschild LLP by Plaintiff Scott K Meherg, Jr. (Attachments: #1 Exhibit 9.21.18 Order Appointing Counsel, #2 Exhibit Motion to Approve Fee Agreement, #3 Exhibit 5.29.19 Order Approving Fee Agreement, #4 Exhibit 1.22.20 Order on MTD and Transfer, #5 Affidavit Affidavit of Scott Meherg, #6 Exhibit Meherg's Motion in Forma Pauperis, #7 Exhibit Meherg's Motion to Appoint Counsel)(Devroye, Jennifer) |
| Filing 51 JOINT SCHEDULING PLAN by Defendant Charles Pewitt. . (Eckenrode, J.) |
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Filing 50
RULE 16 ORDER: Joint Scheduling Plan due by 3/5/2020. Rule 16 Conference set for 3/12/2020 10:00 AM by Telephone before District Judge Catherine D. Perry. Plaintiff's counsel shall initiate the conference and have any necessary counsel on the line before calling my chambers at (314) 244-7520. Signed by District Judge Catherine D. Perry on 2/13/20. (CSG)
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| ***REMARK - At the request of chambers, the defendant parties "Service List" and Paul A. Skrivan are terminated from this case, as the case was ordered transferred to the Eastern District of Missouri only as to defendants Dr. Akinrinola Fatoki and Dr. Charles Pewitt. Attorneys for defendant Skrivan will not receive any further notifications in this case. (CSG) |
| Filing 49 ANSWER to Complaint ANSWER, AFFIRMATIVE DEFENSES, AND REQUEST FOR TRIAL BY JURY OF DEFENDANT DR. CHARLES PEWITT TO PLAINTIFFS SECOND AMENDED COMPLAINT by Charles Pewitt.(Eckenrode, J.) |
| Filing 48 ANSWER to Complaint & Affirmative Defenses by Akinrinola Fatoki.(Peek, Kevin) |
| Filing 47 ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Charles Pewitt. (Eckenrode, J.) |
| Filing 46 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-04696. Original file with documents numbered 1 - 45, certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Filing 45 TRANSFERRED to the USDC for the Eastern District of Missouri the electronic record. (kp, ) |
| Case Opening Notification: Judge Assigned: U.S. District Judge Catherine D. Perry. (CSG) |
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Filing 44
ORDER: Enter Opinion and Order. The Court denies Fatoki and Pewitt's motions to dismiss [ #23 , #35 ], and grants Meherg's alternative request to sever and transfer his claims against Fatoki and Pewitt #39 . The Court denies Skrivan's motion to dismiss #26 . The Court orders the Clerk to 14 transfer the severed claims against Fatoki and Pewitt to the United States District Court for the Eastern District of Missouri. Signed by the Honorable Sara L. Ellis on 1/22/2020. Mailed notice. (kp, )
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| Filing 43 OPINION and Order: During his incarceration in Illinois and Missouri jails, Plaintiff Scott Meherg was hospitalized twice after receiving medication to treat his high blood pressure. He now brings this 1983 suit against Defendants Paul Skrivan, Akinrinola Fatoki, and Charles Pewitt, alleging they acted with deliberate indifference to his medical needs in violation of the Eighth and Fourteenth Amendments. Fatoki and Pewitt move to dismiss for lack of personal jurisdiction and Skrivan moves to dismiss for failure to state a claim. Because Meherg has not alleged facts sufficient for the Court to exercise personal jurisdiction over Fatoki and Pewitt, the Court severs his claims against Fatoki and Pewitt and transfers them to the United States District Court for the Eastern District of Missouri. Because Meherg has pleaded sufficient facts to state a claim of deliberate indifference as to Skrivan, he may proceed with that claim in this Court. Signed by the Honorable Sara L. Ellis on 1/22/2020. Mailed notice. (kp, ) |
| Filing 42 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes ruling date set for 1/16/2020 and resets it to 1/30/2020 at 1:30 PM. Mailed notice (rj, ) |
| Filing 41 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes ruling date set for 12/18/2019 and resets it to 1/16/2020 at 1:30 PM. Mailed notice (rj, ) |
| Filing 40 REPLY by Charles Pewitt to memorandum in opposition to motion #39 to dismiss for lack of personal jurisdiction. (Skarpiak, Chad) |
| Filing 39 MEMORANDUM by Scott K Meherg, Jr in Opposition to motion to dismiss/lack of jurisdiction #35 (Devroye, Jennifer) |
| Filing 38 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes ruling date set for 11/19/2019 and resets it to 12/18/2019 at 9:30 AM. Mailed notice (rj, ) |
| Filing 37 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/24/2019. The Court grants oral motion by Plaintiff's counsel to add the requested relief of transfer should the Court find that it lacks personal jurisdiction. Briefing schedule on motion to dismiss #35 : Plaintiff's response is due by 11/21/19; Defendant's reply is due by 12/5/19. Ruling date for this motion to dismiss is 12/18/19 at 9:30 a.m. Mailed notice (rj, ) |
| Filing 36 NOTICE of Motion by Chad Michael Skarpiak for presentment of motion to dismiss/lack of jurisdiction #35 before Honorable Sara L. Ellis on 10/24/2019 at 01:45 PM. (Skarpiak, Chad) |
| Filing 35 MOTION by Defendant Charles Pewitt to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A - Declaration of Dr. Pewitt)(Skarpiak, Chad) |
| Filing 34 REPLY by Akinrinola Fatoki to response in opposition to motion, #31 (Harms, Dennis) |
| Filing 33 REPLY by Paul A. Skrivan to response in opposition to motion #32 (Attachments: #1 Certificate of Service)(Cornelio, Dora) |
| Filing 32 RESPONSE by Scott K Meherg, Jrin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Paul A. Skrivan #26 (Devroye, Jennifer) |
| Filing 31 RESPONSE by Scott K Meherg, Jrin Opposition to MOTION by Defendant Akinrinola Fatoki to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint #23 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Group Exhibit 2, #3 Exhibit Exhibit 3)(Devroye, Jennifer) |
| Filing 30 ATTORNEY Appearance for Defendant Charles Pewitt by Peter James Strauss (Strauss, Peter) |
| Filing 29 ATTORNEY Appearance for Defendant Charles Pewitt by Chad Michael Skarpiak (Skarpiak, Chad) |
| Filing 28 ATTORNEY Appearance for Defendant Charles Pewitt by Michael R. Slovis (Slovis, Michael) |
| Filing 27 SUMMONS Returned Executed by Scott K Meherg, Jr as to Scott K Meherg, Jr on 7/19/2019, answer due 8/9/2019. (Devroye, Jennifer) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Paul A. Skrivan (Attachments: #1 Certificate of Service Certificate of Service)(Suniga, Ryan) |
| Filing 25 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held. Defendant Akinrinola Fatoki's motion to dismiss Plaintiff's second amended complaint for lack of jurisdiction #23 is entered and continued. Plaintiff's response to be filed by 8/14/2019. Defendant Akinrinola Fatoki's reply to be filed by 8/30/2019. All other served Defendants to answer or otherwise plead to the second amended complaint by 7/23/2019. If any other Defendant moves to dismiss, Plainiff's response shall be filed by 8/14/2019, reply to be filed by 8/30/2019. Defendant Akinrinola Fatoki's motion to dismiss for lack of jurisdiction #19 is stricken as moot. Status hearing set for 8/7/2019 is stricken and reset to 11/19/2019 at 9:30 a.m. for ruling on motion(s) to dismiss. Mailed notice (mw, ) |
| SUMMONS Issued as to Defendant Charles Pewitt (lma, ) |
| Filing 24 NOTICE of Motion by Dennis Stephen Harms for presentment of motion to dismiss/lack of jurisdiction #23 before Honorable Sara L. Ellis on 7/16/2019 at 09:45 AM. (Harms, Dennis) |
| Filing 23 MOTION by Defendant Akinrinola Fatoki to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint (Harms, Dennis) |
| Filing 22 SECOND AMENDED complaint by Scott K Meherg, Jr against Akinrinola Fatoki, Paul A. Skrivan, Charles Pewitt (Devroye, Jennifer) |
| Filing 21 NOTICE of Motion by Dennis Stephen Harms for presentment of motion to dismiss/lack of jurisdiction #19 before Honorable Sara L. Ellis on 7/16/2019 at 09:45 AM. (Harms, Dennis) |
| Filing 20 ATTORNEY Appearance for Defendant Akinrinola Fatoki by Kevin Kohei-uchida Peek (Peek, Kevin) |
| Filing 19 MOTION by Defendant Akinrinola Fatoki to dismiss for lack of jurisdiction (Harms, Dennis) |
| Filing 18 ATTORNEY Appearance for Defendant Akinrinola Fatoki by Dennis Stephen Harms (Harms, Dennis) |
| Filing 17 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 5/29/2019. Motion for approval of fee agreement #15 is granted. Plaintiff to file an amended complaint by 6/26/2019 naming final defendant. Defendants' answers are stayed. Status hearing set for 8/7/2019 at 9:30 AM. Mailed notice (rj, ) |
| Filing 16 NOTICE of Motion by Jennifer Lynn Wyatt Devroye for presentment of motion for miscellaneous relief #15 before Honorable Sara L. Ellis on 5/29/2019 at 09:30 AM. (Devroye, Jennifer) |
| Filing 15 MOTION by Plaintiff Scott K Meherg, Jr for Approval of Fee Agreement (Attachments: #1 Exhibit A)(Devroye, Jennifer) |
| Filing 14 ATTORNEY Appearance for Defendant Paul A. Skrivan by Dora M Cornelio (Cornelio, Dora) |
| Filing 13 ATTORNEY Appearance for Defendant Paul A. Skrivan by Ryan Suniga (Suniga, Ryan) |
| SUMMONS Issued as to Defendants Akinrinola Fatoki, Paul A. Skrivan (rc, ) |
| Filing 12 AMENDED complaint by Scott K Meherg, Jr against Paul Skrivan, PA-C, Akinrinola Fatoki, Paul Skrivan, PA-C, John Doe 1 and terminating Cook County Dept. of Corr. and Thomas Dart (Sheriff of Cook County Dept. of Corr.) (Devroye, Jennifer) |
| Filing 11 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 2/26/2019. Plaintiff to file an amended complaint by 4/29/2019. Status hearing set for 5/29/2019 at 9:30 AM to report on service, settlement, and set discovery schedule. Mailed notice (rj, ) |
| Filing 10 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 11/27/2018. Counsel for Plaintiff reports that subpoenas for medical records will be issued. Status hearing set for 2/26/2019 at 9:30 AM to report whether an amended complaint will be filed. Mailed notice (rj, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Scott K Meherg, Jr by Jeffrey L. Widman (Widman, Jeffrey) |
| Filing 8 ATTORNEY Appearance for Plaintiff Scott K Meherg, Jr by Jennifer Lynn Wyatt Devroye (Devroye, Jennifer) |
| Filing 7 COMPLAINT filed by Scott K Meherg, Jr; Jury Demand. (smm) |
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Filing 6
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $43.82 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee and to continue making monthly deductions in accordance with this Order. The Clerk is directed to forward a copy of this Order to the trust fund officer at the Lake County Jail, where Plaintiff is incarcerated, to facilitate compliance. On the Court's own motion, Plaintiff is granted assistance of counsel. The Court requests that Jeffrey L. Widman of Fox Rotschild LLP, 321 North Clark Street Suite 800 Chicago, IL 60654, represent Plaintiff in accordance with counsels trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). The recruited attorney falls within the class of users listed in the Electronic Public Access fee schedule adopted by the Judicial Conference of the United States, therefore, the above-named attorney shall be exempt from the payment of fees for access via PACER to the electronic case files maintained in this court for the above-captioned case only. The recruited attorney is directed to open a separate PACER account to only be used for the above-captioned case, and fees are exempt for the above captioned case only. The assigned attorney shall not be exempt from the payment of feesincurred in connection with other uses of the PACER system in this court. This exemption is valid immediately and for the duration of the attorneys participation in the matter. This exemption may be revoked at the discretion of the Court at any time. The attorney shall contact the PACER Service Center at 1-800-676 6856 or via the link below to create the new PACER account and to make any necessary arrangements for the waiver. A copy of this Order shall be sent to the PACER Service Center at http://www.pacer.psc.uscourts.gov/register.html. A copy of this Order shall also be sent to the Systems Department of the Northern District of Illinois. A status hearing is set for November 27, 2018 at 9:30 a.m. Recruited counsel should be prepared to advise the Court at the status hearing how much time he will need to investigate Plaintiff's claims and file an amended complaint that comports with his obligations under Federal Rule of Civil Procedure 11. If, after investigation, counsel believes that filing an amended complaint would be inconsistent with Rule 11, he should so inform the Court. Signed by the Honorable Sara L. Ellis on 9/21/2018. Mailed notice (smm)
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| MAILED Copy of Order dated 9/21/18 to Trust Fund Officer at Lake - LCJ and to the Systems Department of the Northern District of Illinois. (smm) |
| Filing 5 NOTICE by Scott K Meherg, Jr of Change of Address. (Envelope Postmarked 8/24/2018) (jh, ) |
| Filing 4 LETTER from Scott K. Meherg, Jr. dated 6/21/2018. (ph, ) |
| Filing 3 APPLICATION by Plaintiff Scott K Meherg, Jr for leave to proceed in forma pauperis. (Exhibits) (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Scott K Meherg, Jr. (Attachments: #1 (Envelope postmarked 7/5/2018)) (ph, ) |
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