Cohen v. Corizon Medical et al
| Cohen and Donald Cohen |
| Corizon Medical, Dr. Charles Chastain, Dr. Unknown Chein and Medical Device Supplier |
| 4:2016cv01343 |
| August 19, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Francois |
| Catherine D Perry |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2018. A more recent docket listing may be available from PACER.
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| Receipt CT T0015 in the amount of $0.26 for PLRA FILING FEE on behalf of Cohen, Donald #32179 (CCAM) |
Filing 41
Docket Text ORDER: As stipulated, IT IS HEREBY ORDERED that this case is dismissed without prejudice. Signed by District Judge Catherine D. Perry on 2/22/18. (CDP)
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| Filing 40 STIPULATION of Dismissal Without Prejudice by Plaintiff Donald Cohen. (Schottel, James) |
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Filing 39
Docket Text ORDER: Re: #38 Joint MOTION to Amend/Correct #32 Case Management Order by Defendant Charles Chastain. ORDERED: GRANTED. ( Discovery Completion due by 2/12/2018. Dispositive Motions due by 3/1/2018. Non-Dispositive Motions due by 2/19/2018.) Signed by District Judge Catherine D. Perry on 1/16/2018. (CBL)
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| Filing 38 Joint MOTION to Amend/Correct #32 Case Management Order, by Defendant Charles Chastain. (Eckenrode, J.) |
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Filing 37
AMENDED CASE MANAGEMENT ORDER. IT IS HEREBY ORDERED that the parties' Joint Motion to Amend Case Management Order #36 is GRANTED. IT IS FURTHER ORDERED that the following schedule shall apply to the remainder of the proceedings in this case, and will be modified only upon a showing of exceptional circumstances: (See Full Order.) ( Discovery Completion due by 1/12/2018, Non-Dispositive Motions due by 1/19/2018, Dispositive Motions due by 1/29/2018, Jury Trial set for 6/18/2018 08:30 AM in Courtroom 14S before District Judge Catherine D. Perry.) Signed by District Judge Catherine D. Perry on 10/23/2017. (CBL)
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| Filing 36 Joint MOTION to Amend/Correct Case Management Order by Defendant Charles Chastain. (Eckenrode, J.) |
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Filing 35
Docket Text ORDER: Re: #34 Joint MOTION to Set Aside Order Referring Case to Alternative Dispute Resolution ; ORDERED GRANTED; Order referring case to mediation is VACATED. Signed by District Judge Catherine D. Perry on 7/25/17. (CDP)
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| Filing 34 Joint MOTION to Set Aside Order Referring Case to Alternative Dispute Resolution and Opt Out of Mediation by Plaintiff Donald Cohen. (Schottel, James) |
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Filing 33
(ORDER SET ASIDE ON 7/25/17 ORDER #35)ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: James Schottel, Jr. ADR Completion Deadline due by 8/30/2017. ADR Compliance Report Deadline due by 9/13/2017. Designation of Neutral/Conference Report due by 7/20/2017. Signed by District Judge Catherine D. Perry on 3/13/17. (EAB)
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Filing 32
CASE MANAGEMENT ORDER. This case is assigned to Track: 2. Motion to Join Parties due by 5/26/2017. Discovery Completion due by 10/20/17. Non-Dispositive Motions due by 10/27/17. Dispositive Motions due by 11/3/2017. Pretrial Compliance due by 3/20/2018. Motion in Limine due by 3/30/2018. Jury Trial set for 4/9/2018 at 8:30 AM in Courtroom 14S before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 3/13/17. (EAB)
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| Filing 31 ENTRY of Appearance by Dwight Allan Vermette, Sr for Defendants Charles Chastain, Corizon Medical. (Vermette, Dwight) |
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Filing 30
ORDER - IT IS HEREBY ORDERED that the Scheduling Conference pursuant to Fed.R.Civ.P. 16 is reset from March 10, 2017 to Monday, March 13, 2017 at 9:30 a.m. in my chambers. This conference will be by telephone and the Court will initiate the call with counsel. Rule 16 Conference reset for 3/13/2017 09:30 AM in Chambers before District Judge Catherine D. Perry.Signed by District Judge Catherine D. Perry on March 9, 2017. (MCB)
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Filing 29
ORDER OF PARTIAL DISMISSAL. IT IS HEREBY ORDERED that plaintiff's claims against defendant Corizon, LLC are DISMISSED without prejudice. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that an appeal of this Order of Partial Dismissal would not be taken in good faith. Signed by District Judge Catherine D. Perry on 2/16/2017. (CBL)
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Filing 28
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's claims in his amended complaint against defendant Chastain, in his individual capacity, under the Eighth Amendment, are properly alleged pursuant to 28 U.S.C. 1915. IT IS FURTHER ORDERED that plaintiff's claims in his complaint against defendant Corizon are dismissed, pursuant to 28 U.S.C. 1915(e)(2)(B). An Order of Partial Dismissal will be filed separately. Signed by District Judge Catherine D. Perry on 2/16/2017. (CBL)
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| Filing 27 JOINT SCHEDULING PLAN by Plaintiff Donald Cohen. . (Schottel, James) |
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Filing 26
ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 2. Joint Scheduling Plan due by 3/3/2017. Rule 16 Conference set for 3/10/2017 at 9:30 AM in Chambers before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 1/9/17. (EAB)
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Filing 25
Docket Text ORDER: Re: #22 MOTION for Leave to File Answers Out of Time by Defendants Charles Chastain, Corizon Medical; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 1/9/17. (EAB)
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| Filing 24 ANSWER to #19 Amended Complaint, by Corizon Medical.(Eckenrode, J.) |
| Filing 23 ANSWER to #19 Amended Complaint, by Charles Chastain.(Eckenrode, J.) |
| Filing 22 MOTION for Leave to File Answers Out of Time by Defendants Charles Chastain, Corizon Medical. (Eckenrode, J.) |
| Filing 21 WAIVER of Service filed by Charles Chastain. Charles Chastain served on 12/17/2016. Answer due 1/9/2017. (According to waiver answer will be filed by 1/3/17). (Eckenrode, J.) Modified on 12/30/2016 (EAB). |
| Filing 20 ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Charles Chastain. (Eckenrode, J.) |
| Filing 19 AMENDED COMPLAINT against defendant Charles Chastain, Corizon Medical Waivers issued December 19, 2016, Jury demand, , filed by Donald Cohen. (Attachments: #1 Waiver of Service Notice of Lawsuit and Request to Waive Service of Summons - Defendant Dr. Charles W. Chastain, III)(Schottel, James) |
| Filing 18 ANSWER to Complaint by Corizon Medical.(Eckenrode, J.) |
| Receipt CT T0013 in the amount of $2.10 for PLRA FILING FEE on behalf of Cohen, Donald #32179 (CCAM) |
| Filing 17 ENTRY of Appearance by James W. Schottel, Jr for Plaintiff Donald Cohen. (Schottel, James) |
| Filing 16 Record Transmittal: The court record has been forwared to: attorney James Schottel (JWD) |
| Filing 15 SEALED Summons Issued as to defendant Charles Chastain. The summons was hand delivered to USMS along with a copy of complaint. (MCB) |
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Filing 14
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendant Dr. Charles Chastain in his official and individual capacity. Service shall be effectuated at the address provided by Corizon in its Response to the Court Pursuant to its Waiver Agreement. [Doc. #10] IT IS FURTHER ORDERED that because plaintiff is proceeding in forma pauperis in this action, service shall be effectuated by the United States Marshal's Office through summons, pursuant to Fed.R.Civ.P. 4. See 28 U.S.C. 1915. IT IS FURTHER ORDERED that a copy of the summons and the return of summons shall be filed under seal and will not be served upon plaintiff, as these documents will contain defendant Chastains last known home address. Signed by District Judge Catherine D. Perry on November 22, 2016. (MCB)
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| Filing 13 Letter to D.O.C. re:initiation of prisoner's installment payments for filing fee. (CBL) |
| Filing 12 NOTICE OF APPOINTMENT OF PRO BONO COUNSEL. Pursuant to the Plan for the Appointment of Pro Bono Counsel, the Clerk of the Court hereby notifies James Schottel, Jr., that he is appointed to serve as Pro Bono Counsel on behalf of the plaintiff in the above-styled action. The Clerk of the Court shall provide appointed counsel with a copy of the complete Court file (cc: plaintiff). (KXS) |
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Filing 11
MEMORANDUM AND ORDER. IT IS HERBY ORDERED that the Clerk of Court is directed to appoint plaintiff counsel pursuant to the Plan for the Appointment of Pro Bono Counsel. A separate Notice of Appointment of Pro Bono Counsel shall be entered by the Clerk. IT IS FURTHER ORDERED that the Clerk shall provide a complete copy of the court file to plaintiff's appointed counsel at no cost. IT IS FURTHER ORDERED that plaintiff's newly appointed counsel shall have until January 16, 2017 to file an amended complaint. Signed by District Judge Catherine D. Perry on 11/18/16. (EAB)
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ORDER RECEIPT: (see receipt) Docket No: 11. copy sent to non-electronic party on this date. Fri Nov 18 16:23:18 CST 2016 (Brown, Erica)
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| Filing 9 WAIVER OF SERVICE Returned Executed filed by Corizon Medical Corizon Medical waiver signed on 10/12/2016, answer due 12/12/2016. (Eckenrode, J.) |
| Filing 8 ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Corizon Medical. (Eckenrode, J.) |
| Receipt 4644060433 in the amount of $2.00 for PLRA CIVIL FILING FEE on behalf of Cohen, Donald #32179 (CCAM) |
| Filing 7 WAIVER OF SERVICE LETTER from clerk to Director of Professional Liability Claims - Incident.Reports@CorizonHealth.com As to Defendants: Corizon Medical and Dr. Charles Chastain. (EAB) (Copy of complaint and Order emailed with waiver letter). (EAB). |
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Filing 6
ORDER OF PARTIAL DISMISSAL. IT IS HEREBY ORDERED that plaintiff's claims against defendants Dr. Unknown Chein and Medical Device Supplier are DISMISSED without prejudice. See 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that an appeal of this Order of Partial Dismissal would not be taken in good faith. Signed by District Judge Catherine D. Perry on 10/11/16. (EAB)
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Filing 5
MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.90 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk is directed to serve process on defendants Corizon, Inc., and Dr. Charles Chastain pursuant to the service agreement the Court maintains with Corizon, Inc. Corizon shall be served in its official capacity only. Dr. Chastain shall be served in both his official and individual capacity. IT IS FURTHER ORDERED that defendants Dr. Unknown Chein and Medical Device Supplier are DISMISSED without prejudice. An Order of Partial Dismissal will be filed separately. Signed by District Judge Catherine D. Perry on 10/11/16. (EAB)
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ORDER RECEIPT: (see receipt) Docket No: 5, 6. copy sent to non-electronic party on this date. Tue Oct 11 14:10:51 CDT 2016 (Brown, Erica)
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| Filing 4 Certified Inmate Account Statement by Plaintiff Donald Cohen. (EAB) |
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Filing 3
ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff shall submit a certified copy of his prison account statement within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice. Signed by District Judge Catherine D. Perry on 8/23/2016. (CBL)
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ORDER RECEIPT: (see receipt) Docket No: 3. Order sent to party not electronically notified this date. Tue Aug 23 12:45:28 CDT 2016 (Long, Carol)
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| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (DLB) |
| Case Opening Notification: Judge Assigned: Honorable Catherine D. Perry. (DLB) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Aug 22 15:01:08 CDT 2016 (admin,) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Donald Cohen. (DLB) |
| Filing 1 DCM COMPLAINT against defendant Charles Chastain, Unknown Chein, Corizon Medical, Medical Device Supplier Jury Demand,, filed by Donald Cohen. (Attachments: #1 Original Filing Form, #2 Envelope, #3 Judge Assignment Label)(DLB) |
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