Doe v. Advanced Correctional Healthcare, Inc. et al
| John Doe |
| Advanced Correctional Healthcare, Inc., Dr. Alan Weaver, Dr. John Roe, Sierra Hill, Skyler Viebrock, Brad Anders, Pettis County, Missouri and Lyman Wostrel |
| 2:2022cv04164 |
| November 8, 2022 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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Filing 56
Before the Court is a Motion of Defendants Advanced Correctional Healthcare, Inc., Dr. Alan Weaver, and Dr. Lyman Wostrel for Alternate Date for Mediation. (Doc. #55 ) Upon review, the motion is DENIED. Defendants are directed to consult the MAP General Order. Signed on 1/3/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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| Filing 55 MOTION to continue MOTION OF DEFENDANTS ADVANCED CORRECTIONAL HEALTHCARE, INC., DR. ALAN WEAVER, AND DR. LYMAN WOSTREL FOR ALTERNATE DATE FOR MEDIATION filed by J. Thaddeus Eckenrode on behalf of Advanced Correctional Healthcare, Inc., Alan Weaver, Lyman Wostrel. Suggestions in opposition/response due by 1/17/2023 unless otherwise directed by the court. (Eckenrode, J.) |
| Filing 54 Before the Court is Defendant Dr. Lyman Wostrel's Motion Joining Defendants Advanced Correctional Healthcare, Inc. and Dr. Alan Weaver's Suggestions in Opposition to Plaintiff's Motion for Preliminary Injunction. (Doc. #46.) On December 15, 2022, the Court ruled on Plaintiff's Motion for Preliminary Injunction (Doc. #50). Accordingly, the motion is DENIED AS MOOT. Signed on 12/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) Modified on 12/29/2022 to correct the date signed (Richard, Tracey). |
| Filing 53 Joint PROPOSED SCHEDULING ORDER by Advanced Correctional Healthcare, Inc., Alan Weaver, Lyman Wostrel. (Eckenrode, J.) |
| Filing 52 ANSWER to #38 Amended Complaint on behalf of Brad Anders, Sierra Hill, Pettis County, Missouri, Skyler Viebrock.(McDaniels, Ryan) |
| Filing 51 ANSWER to #38 Amended Complaint on behalf of Advanced Correctional Healthcare, Inc., Alan Weaver, Lyman Wostrel.(Eckenrode, J.) |
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Filing 50
Before the Court is Plaintiff's Motion for Preliminary Injunction. (Doc. #2.) Upon review, the motion is GRANTED IN PART. Plaintiff's Motion for Preliminary Injunction is sustained in part, pursuant to the consent decree between Plaintiff and Defendant Pettis County. Defendants Advanced Correctional Healthcare, Inc. and Pettis County are hereby ORDERED to notify the Court immediately if it becomes known that ART medications are no longer being given to Mr. Doe. It is DENIED in all other respects. Signed on 12/15/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 49 Minute Entry. Proceedings held before District Judge Stephen R. Bough: PRELIMINARY INJUNCTION HEARING held on 12/15/2022. Order to be entered. Time in court: 8:59 a.m. to 9:20 a.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) |
| Filing 48 NOTICE of appearance by Anthony E. Rothert on behalf of John Doe (Attorney Anthony E. Rothert added to party John Doe(pty:pla))(Rothert, Anthony) |
| Filing 47 SUPPLEMENT TO DEFENDANTS ADVANCED CORRECTIONAL HEALTHCARE, INC., DR. ALAN WEAVER, AND DR. LYMAN WOSTRELS SUGGESTIONS IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Advanced Correctional Healthcare, Inc., Alan Weaver, Lyman Wostrel re #31 Suggestions in Opposition to Motion, (Attachments: #1 Affidavit 1 - Affidavit)(Eckenrode, J.) |
| Filing 46 MOTION to join DEFENDANTS ADVANCED CORRECTIONAL HEALTHCARE, INC. AND DR. ALAN WEAVERS SUGGESTIONS IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DOC. 31) filed by J. Thaddeus Eckenrode on behalf of Lyman Wostrel. Suggestions in opposition/response due by 12/28/2022 unless otherwise directed by the court. (Eckenrode, J.) |
| Filing 45 REPLY SUGGESTIONS to motion re #2 MOTION for preliminary injunction filed by Jessie Steffan on behalf of Plaintiff John Doe. (Attachments: #1 Exhibit 5 - 1/21/22 fax with Weaver note, #2 Exhibit 6 - 1/26/22 Hill narrative progress note, #3 Exhibit 7 - September-October email chain (Hill & Phoenix Programs), #4 Exhibit 8 - Plaintiff's Grievances and Requests, #5 Exhibit 9 - Pettis County-ACH Contract, #6 Exhibit 10 - Medication Administration Record, #7 Exhibit 11 - 9/30/22 Hill narrative progress note, #8 Exhibit 12 - 4/14/22 Inmate Note written by CO, #9 Exhibit 13 - 11/8/22 Medical records from MU)(Related document(s) #2 ) (Steffan, Jessie) |
| Filing 44 DISCLOSURE OF CORPORATE INTERESTS filed by J. Thaddeus Eckenrode on behalf of Defendant Advanced Correctional Healthcare, Inc..(Eckenrode, J.) |
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Filing 43
CONSENT ORDER. Signed on 12/13/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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| Filing 42 RETURN OF WAIVER OF SERVICE filed by Lyman Wostrel. (Eckenrode, J.) |
| Filing 41 NOTICE of appearance by J. Thaddeus Eckenrode on behalf of Lyman Wostrel (Attorney J. Thaddeus Eckenrode added to party Lyman Wostrel(pty:dft))(Eckenrode, J.) |
| Filing 40 STIPULATION by John Doe. ( This document has been deleted. Attachments: # 1 proposed consent order)(Wilcox, Gillian) |
| Filing 39 NOTICE of appearance by Ryan J. McDaniels on behalf of Brad Anders, Sierra Hill, Pettis County, Missouri, Skyler Viebrock (Attorney Ryan J. McDaniels added to party Brad Anders(pty:dft), Attorney Ryan J. McDaniels added to party Sierra Hill(pty:dft), Attorney Ryan J. McDaniels added to party Pettis County, Missouri(pty:dft), Attorney Ryan J. McDaniels added to party Skyler Viebrock(pty:dft))(McDaniels, Ryan) |
| Filing 38 AMENDED COMPLAINT against Advanced Correctional Healthcare, Inc., Brad Anders, Sierra Hill, Pettis County, Missouri, Skyler Viebrock, Alan Weaver, Lyman Wostrel filed by Jessie Steffan on behalf of John Doe.(Steffan, Jessie) |
| Filing 37 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Mediation set for video teleconference on 3/28/2023 09:30 AM before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a combined mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov at least three (3) business days prior to the mediation. Upon receipt of mediation statement, Video Teleconference link will be provided to the parties by email. Any use of a recording device is strictly prohibited. (Geiser, Angel) |
| Filing 36 Before the Court is a Consent Motion to Amend Complaint. (Doc. #35.) Upon review, the motion is GRANTED. Plaintiff may file an amended complaint on or before December 16, 2022. Signed on 12/12/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) |
| Filing 35 Consent MOTION to amend/correct Complaint to substitute Dr. Lyman Wostrel for Dr. John Roe filed by Jessie Steffan on behalf of John Doe. Suggestions in opposition/response due by 12/27/2022 unless otherwise directed by the court. (Attachments: #1 Proposed First Amended Complaint)(Steffan, Jessie) |
| Filing 34 SUGGESTIONS in opposition re #2 MOTION for preliminary injunction filed by Michael G Berry on behalf of Defendants Brad Anders, Sierra Hill, Pettis County, Missouri, Skyler Viebrock. Reply suggestions due by 12/23/2022 unless otherwise directed by the court. (Related document(s) #2 ) (Berry, Michael) |
| Filing 33 ANSWER to #1 Complaint, on behalf of Brad Anders, Sierra Hill, Pettis County, Missouri, Skyler Viebrock.(Attorney Michael G Berry added to party Sierra Hill(pty:dft), Attorney Michael G Berry added to party Pettis County, Missouri(pty:dft), Attorney Michael G Berry added to party Skyler Viebrock(pty:dft))(Berry, Michael) |
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Filing 32
RULE 16 NOTICE. Proposed scheduling order due by 1/13/2023. Telephonic Scheduling Conference set for 1/24/2023 at 9:00 AM before District Judge Stephen R. Bough. Conference call-in numbers will be provided to counsel via email the week prior to the scheduling conference. Signed on 12/7/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/6/2022 as Document No. 30, Suggestions in Opposition of Defendants Advanced Correctional Healthcare, Inc. and Dr. Alan Weaver to Plaintiff's Motion for Preliminary Injunction. The document has been deleted. Counsel refiled - please see #31 . This is a text entry only - no document is attached. (Crocker, Susan) |
| Filing 31 SUGGESTIONS in opposition re #2 MOTION for preliminary injunction filed by J. Thaddeus Eckenrode on behalf of Defendants Advanced Correctional Healthcare, Inc., Alan Weaver. Reply suggestions due by 12/20/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Affidavit)(Related document(s) #2 ) (Eckenrode, J.) |
| Filing 30 This has been deleted. SUGGESTIONS in opposition re #2 MOTION for preliminary injunction filed by J. Thaddeus Eckenrode on behalf of Defendants Advanced Correctional Healthcare, Inc., Alan Weaver. Reply suggestions due by 12/20/2022 unless otherwise directed by the court. (Attachments: # 1 Exhibit 1 - Affidavit, # 2 Exhibit 2 - Affidavit)(Related document(s) #2 ) (Eckenrode, J.) |
| Filing 29 ANSWER to #1 Complaint, with Jury Demand on behalf of Advanced Correctional Healthcare, Inc., Alan Weaver.(Eckenrode, J.) |
| Filing 28 RETURN OF SERVICE of complaint executed by John Doe. Skyler Viebrock served on 11/14/2022, answer due 12/5/2022. (Steffan, Jessie) |
| Filing 27 RETURN OF SERVICE of complaint executed by John Doe. Sierra Hill served on 11/17/2022, answer due 12/8/2022. (Steffan, Jessie) |
| Filing 26 RETURN OF SERVICE of complaint executed by John Doe. Pettis County, Missouri served on 11/10/2022, answer due 12/1/2022. (Steffan, Jessie) |
| Filing 25 RETURN OF SERVICE of complaint executed by John Doe. Brad Anders served on 11/14/2022, answer due 12/5/2022. (Steffan, Jessie) |
| Filing 24 RETURN OF SERVICE of complaint executed by John Doe. Advanced Correctional Healthcare, Inc. served on 11/11/2022, answer due 12/2/2022. (Steffan, Jessie) |
| Filing 23 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Preliminary Injunction Hearing set for 12/15/2022 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey) |
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Filing 22
On November 22, 2022, the Court presided over a telephone conference with the parties regarding Plaintiff John Does motion for preliminary injunction (Doc. #2). It is hereby ORDERED that (1) Defendants shall respond to Plaintiffs motion for preliminary injunction on or before December 6, 2022; (2) Plaintiff shall file a reply on or before December 15, 2022; and (3) the Court will hear oral arguments regarding Plaintiffs motion for preliminary injunction on December 15, 2022, at 9:00 AM in Courtroom 7B, Kansas City. Signed on 11/22/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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| Filing 21 Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 11/22/2022. Order to be entered. Counsel appearing for Plaintiff(s): Gillian Wilcox. Counsel appearing for Defendant(s): Lisa Howe and Michael Berry. Time in court: 9:00 a.m. to 9:14 a.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) |
| Filing 20 NOTICE of appearance by Lisa Howe on behalf of Advanced Correctional Healthcare, Inc., Alan Weaver (Attorney Lisa Howe added to party Advanced Correctional Healthcare, Inc.(pty:dft), Attorney Lisa Howe added to party Alan Weaver(pty:dft))(Howe, Lisa) |
| Filing 19 NOTICE of appearance by J. Thaddeus Eckenrode on behalf of Advanced Correctional Healthcare, Inc., Alan Weaver (Attorney J. Thaddeus Eckenrode added to party Advanced Correctional Healthcare, Inc.(pty:dft), Attorney J. Thaddeus Eckenrode added to party Alan Weaver(pty:dft))(Eckenrode, J.) |
| Filing 18 RESPONSE to order re 14 Order on Motion for Hearing,, Service of Notice of Hearing filed by Jessie Steffan on behalf of Plaintiff John Doe. (Related document(s) 14 ) (Steffan, Jessie) |
| Filing 17 NOTICE of appearance by Michael G Berry on behalf of Brad Anders (Attorney Michael G Berry added to party Brad Anders(pty:dft))(Berry, Michael) |
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Filing 16
Before the Court is a Motion to Withdraw. (Doc. #15.) Upon review, the motion is GRANTED. It is hereby ORDERED that Molly Carney is withdrawn as counsel for Plaintiff John Doe. Plaintiff will continue to be represented by his other counsel of record. Signed on 11/16/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 15 MOTION to withdraw as attorney filed by Molly E. Carney on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/30/2022 unless otherwise directed by the court. (Carney, Molly) |
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Filing 14
Before the Court is Plaintiff John Doe's Motion for Briefing Deadline and Hearing Date on Preliminary Injunction Motion. (Doc. #12.) Upon review, the motion is DENIED AS MOOT. On November 16, 2022, the Court set a hearing regarding Plaintiff's motion for preliminary injunction on November 22, 2022. (Doc. #13.) It is further ORDERED that Plaintiff serve notice of the November 22 hearing on all defendants on or before November 18, 2022. Signed on 11/16/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 13 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 11/22/2022 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey) |
| Filing 12 MOTION for hearing and to set deadline for response to motion for preliminary injunction filed by Jessie Steffan on behalf of John Doe. Suggestions in opposition/response due by 11/30/2022 unless otherwise directed by the court. (Steffan, Jessie) |
| Filing 11 RETURN OF SERVICE of complaint executed by John Doe. Alan Weaver served on 11/10/2022, answer due 12/1/2022. (Steffan, Jessie) |
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Filing 10
ORDER it is hereby ORDERED that Plaintiffs effect service upon all Defendants as required by Federal Rule of Civil Procedure 4. Once Defendants are served, the Court will set a hearing on the matter. Signed on 11/14/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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| Filing 9 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Willie J. Epps. (Attachments: #1 MAP General Order)(Berner, Crystal) |
| Filing 8 SUGGESTIONS in support (SEALED) re #2 MOTION for preliminary injunction Ex. 2, Unredacted Medical Records (containing Plaintiff's true name) filed by Jessie Steffan on behalf of Plaintiff John Doe. (Related document(s) #2 ) (Steffan, Jessie) |
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Filing 7
Before the Court is a Motion for Leave to File Unredacted Medical Records Under Seal. (Doc. #5.) Upon review, the motion is GRANTED. It is hereby ORDERED that Plaintiff may file an unredacted version of his medical records under seal. Signed on 11/8/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 6
Before this Court is Plaintiff John Doe's Motion to Proceed under Pseudonym and File True Name Under Seal. (Doc. #4.) For good cause stated, the motion is GRANTED. It is hereby ORDERED that Plaintiff may proceed a pseudonym and file his true name under seal. It is further ORDERED that Plaintiff shall serve a copy of this Order on defendants when service is achieved. Within 30 days of service, defendants are invited to revisit this ruling. Signed on 11/8/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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| Filing 5 MOTION to seal document Unredacted Ex. 4 to Motion for Preliminary Injunction (name and birthdate) filed by Jessie Steffan on behalf of John Doe. Suggestions in opposition/response due by 11/22/2022 unless otherwise directed by the court. (Steffan, Jessie) |
| Filing 4 MOTION for order permitting Plaintiff to proceed with use of pseudonym and file his true name under seal filed filed by Jessie Steffan on behalf of John Doe. Suggestions in opposition/response due by 11/22/2022 unless otherwise directed by the court. (Steffan, Jessie) |
| Filing 3 SUGGESTIONS in support re #2 MOTION for preliminary injunction filed by Jessie Steffan on behalf of Plaintiff John Doe. (Attachments: #1 Exhibit 1 - Declaration of John Doe, #2 Exhibit 2 - Medical Records from University Hospital (name redacted), #3 Exhibit 3 - Declaration of Dr. William Summers, #4 Exhibit 4 - Declaration of Daron Smith)(Related document(s) #2 ) (Steffan, Jessie) |
| Filing 2 MOTION for preliminary injunction filed by Jessie Steffan on behalf of John Doe. Suggestions in opposition/response due by 11/22/2022 unless otherwise directed by the court. (Steffan, Jessie) |
| Filing 1 COMPLAINT against All Defendants filed by Jessie Steffan on behalf of John Doe. Filing fee $402, receipt number AMOWDC-8185126. Service due by 2/6/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Steffan, Jessie) |
| SUMMONS ISSUED as to Advanced Correctional Healthcare, Inc., Brad Anders, Sierra Hill, Pettis County, Missouri, John Roe, Skyler Viebrock, and Alan Weaver. Summons directed to plaintiff for service. (Warren, Melissa) |
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