Van Orden et al v. Healthlink, Inc. et al
Plaintiff: John R. Van Orden, Robert Hood, Michael D. McCord, Joseph Miller, Macon Baker, Chance Tyree, Walter W. Ritchey, David Brown, Anthony Amonette, Richard Tyson and Wade A. Turpin
Defendant: Healthlink, Inc., Wellpoint, Harold Myers, Judy Sumpter, Alan Blake, Keith Schafer and Jeremiah Nixon
Case Number: 4:2009cv00971
Filed: June 22, 2009
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Francois
Presiding Judge: Jean C. Hamilton
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 4, 2017 Opinion or Order Filing 818 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs shall be permitted to proceed in forma pauperis on appeal. IT IS FURTHER ORDERED that Plaintiffs' Motion for Preparation of Transcripts at No Cost is GRANTED. ECF No. 816. Transcripts for the proceedings on April 15, 2015; April 21, 2015; April 22, 2015; April 23, 2015; April 24, 2015; April 27, 2015; April 28, 2015; April 29, 2015; April 30, 2015; May 25, 2016; and October 20, 2016, shall be prepared for the appeal at the cost of the United States. Signed by District Judge Audrey G. Fleissig on October 4, 2017. (BRP)
September 22, 2017 Opinion or Order Filing 810 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Armstrong Teasdale LLP's motion for attorney's fees and costs, and its motion requesting oral argument on the same, are both DENIED. ECF Nos. 791 & 792 . Signed by District Judge Audrey G. Fleissig on September 22, 2017. (BRP)
September 18, 2017 Opinion or Order Filing 808 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to alter or amend the judgment is DENIED. ECF No. 794 . Signed by District Judge Audrey G. Fleissig on September 18, 2017. (BRP)
July 6, 2017 Opinion or Order Filing 786 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Courts December 22, 2015 Amended Memorandum Opinion (ECF No. 501 ) is VACATED in part, to the extent that it granted Plaintiffs claims in part, and Plaintiffs claims are hereby DENIED. Signed by District Judge Audrey G. Fleissig on 07/06/2017. (KCB)
April 6, 2017 Opinion or Order Filing 768 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion to compel is DENIED. (ECF No. 759 .) Signed by District Judge Audrey G. Fleissig on 04/06/2017. (KCB)
November 23, 2016 Opinion or Order Filing 709 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that class counsels motion for final approval of the amended proposed settlement is DENIED. (Doc. No. 689 .) IT IS FURTHER ORDERED that within 14 days of the date of this Order, the parties shall file a joint proposed schedule for litigation of the Remedies Phase. Signed by District Judge Audrey G. Fleissig on 11/23/2016. (KCB)
July 7, 2016 Opinion or Order Filing 547 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall confer and attempt to reach agreement with respect to any changes to the proposed class notice that may be necessary in light of this Order, and on or before July 21, 2016, shall fi le a copy of their proposed revised class notice or, if they cannot reach agreement, their respective positions. Following review and approval of the class notice, the Court will grant the parties' joint motion to approve and direct notice to the certified class of the proposed settlement, and will schedule a fairness hearing on the proposed settlement. IT IS FURTHER ORDERED that John H. Quinn, III is appointed as counsel to represent the class representatives who object to the proposed settlement and any other class members who object to the proposed settlement and wish to be represented by Mr. Quinn. IT IS FURTHER ORDERED that Eric Selig's oral motion to withdraw as lead class counsel is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on July 7, 2016. (BRP)
December 22, 2015 Opinion or Order Filing 501 Amended MEMORANDUM OPINION: IT IS HEREBY ORDERED that the treatment-related claims of named Plaintiffs Macon Baker, David Brown, Joseph Bowen, and William Murphy are DISMISSED as moot, with the understanding that if the status of these Plaintiffs c hanges such that they are committed to SORTS during the pendency of this action, they will automatically become members of the Rule 23(b)(2) Treatment Class. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Compl aint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional on its face is DENIED. IT IS FURTHER ORDERED that Plaintiffs prayer for relief in their Fifth Amended C omplaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional as applied and deprives Plaintiffs and the Treatment Class of their constitutional rights is GRANTE D in part, as set forth above. IT IS FURTHER ORDERED that Plaintiffs' prayers for other relief with respect to their as-applied claims regarding risk assessment and release procedures at SORTS will be addressed in the second phase of trial (t he "Remedies Phase"). IT IS FURTHER ORDERED that, except as set forth above, Plaintiffs' prayers for relief in their Fifth Amended Complaint, asserted on behalf of themselves and the Treatment and Charging Classes, are DENIED. Signed by District Judge Audrey G. Fleissig on December 22, 2015. (BRP)
December 21, 2015 Opinion or Order Filing 500 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for clarification and Defendants' motion for reconsideration are both GRANTED in part and DENIED in part, as set forth above. (Doc. Nos. 472 & 473 .) The Court will issue a separate Amended Memorandum Opinion. Signed by District Judge Audrey G. Fleissig on December 21, 2015. (BRP)
September 11, 2015 Opinion or Order Filing 467 MEMORANDUM OPINION: IT IS HEREBY ORDERED that the treatment-related claims of named Plaintiffs Macon Baker, David Brown, Joseph Bowen, and William Murphy are DISMISSED as moot, with the understanding that if the status of these Plaintiffs changes s uch that they are committed to SORTS during the pendency of this action, they will automatically become members of the Rule 23(b)(2) Treatment Class. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Complaint requ esting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional on its face is DENIED. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Com plaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional as applied and deprives Plaintiffs and the Treatment Class of their constitutional rights is GRANTED in part, as set forth above. IT IS FURTHER ORDERED that Plaintiffs' prayers for other relief with respect to their as-applied claims regarding risk assessment and release procedures at SORTS will be addressed in the second phase of trial ( the "Remedies Phase"). The Court shall hold a conference on Tuesday, September 29, 2015 at 9:30 a.m., to address the schedule and procedures for the Remedies Phase. The Court urges the Attorney General to identify and include in the co nference any other individuals, such as the Governor or the Director of the Department of Corrections, who may be necessary or helpful to addressing appropriate relief. IT IS FURTHER ORDERED that, except as set forth above, Plaintiffs' prayers for relief in their Fifth Amended Complaint, asserted on behalf of themselves and the Treatment and Charging Classes, are DENIED. (In Court Hearing set for 9/29/2015 09:30 AM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on September 11, 2015. (BRP)
April 15, 2015 Opinion or Order Filing 433 MEMORANDUM AND ORDER: Upon review of the record and following the final pretrial conference in this case held on the record on April 15, 2015, and for the reasons stated by the Court thereat, the Court sets forth its rulings on the parties' motions in limine and objections to deposition designations as follows: (SEE ORDER FOR DETAILS) Signed by District Judge Audrey G. Fleissig on April 15, 2015. (BRP)
March 20, 2015 Opinion or Order Filing 400 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to exclude the testimony and reports of David Prescott and Brian Abbott is GRANTED in part and DENIED in part. (Doc. No. 382 .) The motion is GRANTED with respect to Abbott's opinions that the SVP civil commitment process is flawed public policy and biased in favor of commitment. The motion is DENIED in all other respects. Signed by District Judge Audrey G. Fleissig on March 20, 2015. (BRP)
March 11, 2015 Opinion or Order Filing 392 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant George Lombardis motion for summary judgment is GRANTED in part, with respect to the liability phase of this case. (Doc. No. 347.) IT IS FURTHER ORDERED that Defendant George Lombardi shall remain a party with respect to the remedy phase of this case. Signed by District Judge Audrey G. Fleissig on 3/11/15. (JWJ)
February 10, 2015 Opinion or Order Filing 377 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration is DENIED. (Doc. No. 345.) Signed by District Judge Audrey G. Fleissig on February 10, 2015. (BRP)
December 19, 2014 Opinion or Order Filing 358 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to bifurcate trial is GRANTED. (Doc. No. 355.) The current trial setting in this case shall be limited to a trial on the question of whether Defendants are liable for the claims assert ed by Plaintiffs. If Plaintiffs prevail on any claim, then the Court shall order the parties to submit a proposed schedule fora second trial to determine the appropriate remedies and relief. re: 355 MOTION to Bifurcate Plaintiffs' Uncontested Motion to Bifurcate Trial filed by Plaintiff John R. Van Orden Signed by District Judge Audrey G. Fleissig on 12/19/14. (JWJ)
October 17, 2014 Opinion or Order Filing 338 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants Motions to Dismiss Plaintiffs Fifth Amended Complaint are DENIED with respect to Plaintiffs substantive due process claim based on lack of adequate care and treatment, Pl aintiffs substantive due process and equal protection claims based on Missouris statutory reimbursement scheme, and Plaintiffs alternative disability discrimination claim under the ADA; the motions are GRANTED as to all other aspects of Plaintiffs Fifth Amended Complaint. (Docs. No. 273 & 330 .) Signed by District Judge Audrey G. Fleissig on 10/17/2014. (NEB)
April 17, 2014 Opinion or Order Filing 272 MEMORANDUM AND ORDER (PLEASE SEE MEMORANDUM AND ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that Plaintiffs shall file a response to the motion to quash on or before Thursday, April 24, 2014, and Defendants shall file a reply brief on or before Thursday, May 1, 2014.IT IS FURTHER ORDERED that the parties shall also confer and suggest to theCourt a mutually agreeable time on May 8, or May 9, 2014 for a conference call to address the motion to quash. Response to Court due by 4/24/2014. Signed by District Judge Audrey G. Fleissig on 4/17/14. (JWJ)
July 25, 2011 Opinion or Order Filing 192 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Fourth Amended Complaint is DENIED with respect to Plaintiffs claim that their Fourteenth Amendment rights were violated due to the lack of adequate care and tre atment, and as to their equal protection and substantive due process claims based upon Missouris statutory reimbursement scheme as applied to Plaintiffs; the motion is GRANTED as to all other aspects of the Fourth Amended Complaint. [Doc. # 123 ] Signed by Honorable Audrey G. Fleissig on 9/25/11. (KJS)
August 31, 2009 Opinion or Order Filing 38 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that pltff.'s mtns to proceed ifp 33 21 20 30 23 22 24 35 36 26 28 are granted. IT IS FURTHER ORDERED that the clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that defts. shall reply to pltff.'s claims within the time provided by the applicable provisions. Signed by Honorable Jean C. Hamilton on 8/31/09. (CLA)
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Plaintiff: John R. Van Orden
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Plaintiff: Robert Hood
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Plaintiff: Michael D. McCord
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Plaintiff: Joseph Miller
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Plaintiff: Macon Baker
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Plaintiff: Chance Tyree
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Plaintiff: Walter W. Ritchey
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Plaintiff: David Brown
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Plaintiff: Anthony Amonette
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Plaintiff: Richard Tyson
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Plaintiff: Wade A. Turpin
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Defendant: Healthlink, Inc.
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Defendant: Wellpoint
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Defendant: Harold Myers
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Defendant: Judy Sumpter
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Defendant: Alan Blake
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Defendant: Keith Schafer
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Defendant: Jeremiah Nixon
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