Spigner et al v. New York State Department of Corrections and Community Supervision et al
Plaintiff: Colomba Spigner
Defendant: New York State Department of Corrections and Community Supervision, Nassau Health Care Corporation, Nassau County, Nassau County Sheriff's Department, Michael Coran, James Donahue, John Doe 1, M.D., John Doe 2, M.D., David S. Dinello, Paula Bozer, John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Tracy Blatney, Dr. Carol Moores, Patricia Henderson, Betty M. Parkmond, Jane Doe 1, R.N. and Jane Doe 2, R.N.
Case Number: 9:2024cv00520
Filed: April 15, 2024
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Anne M Nardacci
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2024 Filing 41 NOTICE OF ADMISSION REQUIREMENT as to Party Nassau Health Care Corporation; Attorney Alexander V. Sansone, Email address is asan541459@msn.com. Phone number is 516-742-4076. Admissions due by 4/29/2024. (Copy served via email) (meb)
April 15, 2024 Filing 40 NOTICE OF ADMISSION REQUIREMENT as to Parties New York State Department of Corrections and Community Supervision, Michael Coran, James Donahue, David S. Dinello, Paula Bozer, Tracy Blatney, Dr. Carol Moores, Patricia Henderson, Betty M. Parkmond; Attorney Robert Edward Morelli, Email address is robert.morelli@ag.ny.gov. Phone number is 631-231-2179. Admissions due by 4/29/2024. (Copy served via email) (meb)
April 15, 2024 Filing 39 NOTICE OF ADMISSION REQUIREMENT as to Party New York State Department of Corrections and Community Supervision; Attorney Kimberly Ann Kinirons, Email address is Kimberly.Kinirons@ag.ny.gov. Phone number is 631-231-2424. Admissions due by 4/29/2024. (Copy served via email) (meb)
April 15, 2024 Filing 38 NOTICE OF ADMISSION REQUIREMENT as to Party Colomba Spigner; Attorney Oliver W. Williams, Email address is owilliams@heldhines.com. Phone number is 212-696-4539. Admissions due by 4/29/2024. (Copy served via email) (meb)
April 15, 2024 Filing 37 Case transferred in from District of New York Eastern; Case Number 2:23-cv-08741. electronically transferred when case opened
April 15, 2024 TEXT NOTICE OF FILING DEFICIENCY regarding the #11 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Ralph Reissman's address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 4/18/2024 (meb)
April 8, 2024 Case transferred to District of Nothern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (LF)[Transferred from New York Eastern on 4/15/2024.]
April 8, 2024 Minute Entry for proceedings held before Judge Gary R. Brown:Pre Motion Conference held on 4/8/2024. Counsel for all sides present. The motions to dismiss and sever or change venue are argued. The motion for severance is denied. The motion to change venue is granted. The case shall be transferred to the Northern District of New York for all purposes. The motion to dismiss remains standing to be determined by the newly assigned judge in the NDNY. (FTR Log #11:21-11:51.) (KM) [Transferred from New York Eastern on 4/15/2024.]
April 2, 2024 Filing 36 Letter MOTION to Appear by Telephone/Video excusing the in-person appearance of DOCCS Defendants by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.]
April 2, 2024 Email Notification Test for (Oliver W. Williams) - DO NOT REPLY [Transferred from New York Eastern on 4/15/2024.]
April 2, 2024 Opinion or Order ORDER granting #36 Motion to Appear by Telephone/Video. Counsel for the DOCCS defendants shall appear in person, but the individual DOCCS defendants are excused from attending. Ordered by Judge Gary R. Brown on 4/2/2024. (KN) [Transferred from New York Eastern on 4/15/2024.]
March 28, 2024 Opinion or Order ORDER SCHEDULING ORDER: The pre-motion conference scheduled for April 8, 2024, is hereby CONVERTED to an IN-PERSON conference to take place at 10:30 AM in Courtroom 940, 100 Federal Plaza, Central Islip, NY. Counsel for all parties shall appear at such time with their clients.Ordered by Judge Gary R. Brown on 3/28/2024. (KN) [Transferred from New York Eastern on 4/15/2024.]
March 26, 2024 Filing 35 Letter response to DOCCS Defendants' premotion conference request re motion to dismiss (ECF 28) by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
March 26, 2024 Filing 34 Letter response to DOCCS Defendants' premotion conference request re motion to sever and transfer (ECF 29) by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
March 21, 2024 Opinion or Order ORDER granting #33 Motion to Adjourn Conference. Application granted, on consent. The pre-motion telephone conference scheduled for April 3 is hereby ADJOURNED to April 8 at 10:30 AM. The parties shall call the conference line five minutes prior. Ordered by Judge Gary R. Brown on 3/21/2024. (JP) [Transferred from New York Eastern on 4/15/2024.]
March 20, 2024 Filing 33 Letter MOTION to Adjourn Conference regarding DOCCS Defendants' motion to dismiss and motion to sever/change venue by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.]
March 13, 2024 Filing 32 NOTICE of Appearance by Oliver W. Williams on behalf of Colomba Spigner(individually) (aty to be noticed) (Williams, Oliver) [Transferred from New York Eastern on 4/15/2024.]
March 13, 2024 Opinion or Order ORDER granting #28 Motion for Pre Motion Conference; granting #29 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for April 3, 2024, at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motions pursuant to Rule 12 of the Federal Rules of Civil Procedure and applicable venue rules, DE 28 & 29. The parties are to call (571) 353-2301 using ACCESS CODE 975842145 five minutes prior to the designated time. Plaintiffs are directed to respond to DE 28 & 29 by March 26, 2024, in accordance with the Court's Individual Rules. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 3/13/2024. (JP)[Transferred from New York Eastern on 4/15/2024.]
March 13, 2024 Opinion or Order ORDER granting #31 Motion to Adjourn Conference. The Initial Conference is ADJOURNED to 5/1/2024 at 3:30PM in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip. Ordered by Magistrate Judge Lee G. Dunst on 3/13/2024. (CT) [Transferred from New York Eastern on 4/15/2024.]
March 12, 2024 Filing 28 MOTION for pre motion conference for Motion to Dismiss by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (JC) Modified on 4/9/2024 and regenerated for statistical purposes(JC). [Transferred from New York Eastern on 4/15/2024.]
March 12, 2024 Filing 31 First MOTION to Adjourn Conference REVISED 5:46 PM by Nassau County, Nassau County Sheriff's Department. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.]
March 12, 2024 Filing 30 First MOTION to Adjourn Conference by Nassau County, Nassau County Sheriff's Department. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.]
March 12, 2024 Filing 29 MOTION for pre motion conference for MOTION to Sever , or in the alternative, MOTION to Change Venue by Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (Morelli, Robert) Modified on 3/13/2024 to partially edit motion type pursuant to GRB Chambers(JC). Modified on 3/13/2024 to terminate. See 3/13/2024 ORDER granting 28 Motion for Pre Motion Conference; granting 29 Motion for Pre Motion Conference. (JC). [Transferred from New York Eastern on 4/15/2024.]
March 12, 2024 Filing 27 NOTICE of Appearance by Robert Edward Morelli on behalf of Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, Betty M. Parkmond (aty to be noticed) (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.]
March 1, 2024 Filing 26 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Paula Bozer served on 2/29/2024, answer due 3/21/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
February 27, 2024 Opinion or Order ORDER granting #25 Motion to Continue. Plaintiff's motion at DE #25 to extend the deadline to serve the Complaint upon Defendant Dr. Paula Bozer is GRANTED. The deadline is extended to 3/27/2024. Ordered by Magistrate Judge Lee G. Dunst on 2/27/2024. (CT) [Transferred from New York Eastern on 4/15/2024.]
February 26, 2024 Filing 25 MOTION to Continue Plaintiff's request for an extension of time to serve defendant Paula Bozer by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
February 26, 2024 Filing 24 ANSWER to Complaint , CROSSCLAIM against Michael Coran by Nassau Health Care Corporation. (Sansone, Alexander) [Transferred from New York Eastern on 4/15/2024.]
February 26, 2024 Opinion or Order SCHEDULING ORDER: The Court will hold an Initial Conference on 4/30/2024 at 2:30PM in Courtroom 830 of the Alfonse M. D'Amato Federal Courthouse, Central Islip. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 2/26/2024. (CT) [Transferred from New York Eastern on 4/15/2024.]
February 25, 2024 Filing 23 ANSWER to #1 Complaint,, , CROSSCLAIM against Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Jane Doe 1, R.N., Jane Doe 2, R.N., John Doe 1, M.D., John Doe 2, M.D., John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Carol Moores, New York State Department of Corrections and Community Supervision, Betty M. Parkmond by Nassau County Sheriff's Department, Nassau County. (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.]
February 21, 2024 Filing 22 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Patricia Henderson served on 2/17/2024, answer due 3/11/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
February 21, 2024 Filing 21 NOTICE of Appearance by Robert Edward Morelli on behalf of New York State Department of Corrections and Community Supervision (aty to be noticed) (Morelli, Robert) [Transferred from New York Eastern on 4/15/2024.]
February 20, 2024 Filing 20 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). James Donahue served on 2/13/2024, answer due 3/5/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
February 20, 2024 Opinion or Order ORDER granting #19 Motion for Extension of Time to Answer. Defendant New York State Department of Corrections and Community Supervisions ("DOCCS") request at DE #19 to extend the time to respond to Plaintiffs complaint for DOCCS as well as on behalf of the individual defendants who appear to be State employees and/or officers is GRANTED. The deadline is extended to 3/18/2024. Ordered by Magistrate Judge Lee G. Dunst on 2/20/2024. (CT) [Transferred from New York Eastern on 4/15/2024.]
February 16, 2024 Filing 19 Letter MOTION for Extension of Time to File Answer requesting extension of time to respond to complaint on behalf of State defendants by New York State Department of Corrections and Community Supervision (Kinirons, Kimberly) Modified on 2/20/2024 to edit to a motion(JC). [Transferred from New York Eastern on 4/15/2024.]
February 16, 2024 Filing 18 NOTICE of Appearance by Kimberly Ann Kinirons on behalf of New York State Department of Corrections and Community Supervision (aty to be noticed) (Kinirons, Kimberly) [Transferred from New York Eastern on 4/15/2024.]
February 8, 2024 Filing 17 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Patricia Henderson served on 2/7/2024, answer due 2/28/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
February 7, 2024 Filing 16 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Tracy Blatney served on 2/6/2024, answer due 2/27/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 30, 2024 Filing 15 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Michael Coran served on 1/24/2024, answer due 2/14/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 30, 2024 Filing 14 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Carol Moores served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 30, 2024 Filing 13 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). David S. Dinello served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 30, 2024 Filing 12 SUMMONS Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). New York State Department of Corrections and Community Supervision served on 1/23/2024, answer due 2/13/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 21, 2024 Filing 11 NOTICE of Appearance by Ralph J. Reissman on behalf of Nassau County, Nassau County Sheriff's Department (aty to be noticed) (Reissman, Ralph) [Transferred from New York Eastern on 4/15/2024.]
January 16, 2024 Filing 10 WAIVER OF SERVICE Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Nassau Health Care Corporation waiver sent on 1/9/2024, answer due 3/11/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
January 11, 2024 Filing 9 NOTICE of Appearance by Alexander V. Sansone on behalf of Nassau Health Care Corporation (aty to be noticed) (Sansone, Alexander) [Transferred from New York Eastern on 4/15/2024.]
December 22, 2023 Filing 8 WAIVER OF SERVICE Returned Executed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). Nassau County waiver sent on 12/21/2023, answer due 2/19/2024; Nassau County Sheriff's Department waiver sent on 12/21/2023, answer due 2/19/2024. (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
November 29, 2023 Filing 7 Summons Issued as to Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Carol Moores, Nassau County, Nassau County Sheriff's Department, Nassau Health Care Corporation, New York State Department of Corrections and Community Supervision, Betty M. Parkmond. (JC) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 6 Proposed Summons. Re #1 Complaint,, by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Attachments: #1 Proposed Summons David Dinello, #2 Proposed Summons Paula Bozer, #3 Proposed Summons Tracy Blatney, #4 Proposed Summons Carol Moores, #5 Proposed Summons Patricia Henderson, #6 Proposed Summons Betty Parkmond, #7 Proposed Summons Nassau County Sheriff's Department, #8 Proposed Summons Nassau County, #9 Proposed Summons Nassau Health Care Corporation, #10 Proposed Summons Michael Coran, #11 Proposed Summons James Donahue) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 4 Proposed Summons. Re #1 Complaint,, by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Attachments: #1 Proposed Summons David Dinello, #2 Proposed Summons Paula Bozer, #3 Proposed Summons Tracy Blatney, #4 Proposed Summons Carol Moores, #5 Proposed Summons Patricia Henderson, #6 Proposed Summons Betty Parkmond, #7 Proposed Summons Nassau County Sheriff's Department, #8 Proposed Summons Nassau County, #9 Proposed Summons Nassau Health Care Corporation, #10 Proposed Summons Michael Coran, #11 Proposed Summons James Donahue) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 11/28/2023: #1 Additional Corrections) (LJ). [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 2 Civil Cover Sheet.. by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent) (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Filing 1 COMPLAINT against Tracy Blatney, Paula Bozer, Michael Coran, David S. Dinello, James Donahue, Patricia Henderson, Jane Doe 1, R.N., Jane Doe 2, R.N., John Doe 1, M.D., John Doe 2, M.D., John Doe 3, M.D., John Doe 4, M.D., John Doe 5, M.D., Carol Moores, Nassau County, Nassau County Sheriff's Department, Nassau Health Care Corporation, New York State Department of Corrections and Community Supervision, Betty M. Parkmond filing fee $ 402, receipt number ANYEDC-17321788 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Colomba Spigner(individually), Colomba Spigner(as Executor of the Estate of Matthew Spigner, Decedent). (Hines, Philip) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Case Assigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) [Transferred from New York Eastern on 4/15/2024.]
November 28, 2023 Your proposed summonses were not issued for the following reason: The caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider with the full case caption. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) [Transferred from New York Eastern on 4/15/2024.]

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Search for this case: Spigner et al v. New York State Department of Corrections and Community Supervision et al
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Plaintiff: Colomba Spigner
Represented By: Philip M. Hines
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Defendant: New York State Department of Corrections and Community Supervision
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Defendant: Nassau Health Care Corporation
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Defendant: Nassau County
Represented By: Ralph Reissman
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Defendant: Nassau County Sheriff's Department
Represented By: Ralph Reissman
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Defendant: Michael Coran
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Defendant: James Donahue
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Defendant: John Doe 1, M.D.
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Defendant: John Doe 2, M.D.
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Defendant: David S. Dinello
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Defendant: Paula Bozer
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Defendant: John Doe 3, M.D.
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Defendant: John Doe 4, M.D.
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Defendant: John Doe 5, M.D.
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Defendant: Tracy Blatney
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Defendant: Dr. Carol Moores
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Defendant: Patricia Henderson
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Defendant: Betty M. Parkmond
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Defendant: Jane Doe 1, R.N.
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Defendant: Jane Doe 2, R.N.
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