BECK v. HURWITZ, et al.
| ANGELA M. BECK |
| JANE DOE, JOHN DOE, HUGH J. HURWITZ, PATRICIA V. BRADLEY, SEVEN CORNERS, INC. and J.A. KELLER |
| 1:2019cv00488 |
| May 10, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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| TEXT ORDER granting #49 Second Consent Motion for Extension of Time. SEVEN CORNERS, INC. shall answer or otherwise respond by 8/7/2019. Issued by MAG/JUDGE L. PATRICK AULD on 07/08/2019. (AULD, L.) |
| Motions Referred: RE: #49 Second MOTION for Extension of Time to File Answer re #1 Complaint,, , to MAG/JUDGE L. PATRICK AULD (Williamson, Wanda) |
| Filing 49 Second MOTION for Extension of Time to File Answer re #1 Complaint,, by SEVEN CORNERS, INC.. (Attachments: #1 Supplement)(WILSON, NICHOLAS) |
Filing 48
ORDER signed by JUDGE CATHERINE C. EAGLES on 06/28/2019, that the motion, Doc. #33 , is GRANTED and J.A. Keller's declaration filed on June 6, 2019, Doc. #39 , is DEEMED TIMELY FILED. (Garland, Leah)
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| Filing 47 SEALED DOCUMENT (Declaration of Heather Welles) by Plaintiff ANGELA M. BECK, Defendants PATRICIA V. BRADLEY, JANE DOE, JOHN DOE, HUGH J. HURWITZ, J.A. KELLER, SEVEN CORNERS, INC.. (CHILDS, JOAN) |
| Filing 46 NOTICE by PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action - issued to DCH Regional Medical Center) (Attachments: #1 DCH Regional Medical Center Laboratory Subpoena Response)(CHILDS, JOAN) |
| Filing 45 SEALED DOCUMENT Updated BOP Medical Records by Plaintiff ANGELA M. BECK, Defendants PATRICIA V. BRADLEY, JANE DOE, JOHN DOE, HUGH J. HURWITZ, J.A. KELLER, SEVEN CORNERS, INC.. (CHILDS, JOAN) |
| Filing 44 DECLARATION of DR. ANGEL ORTIZ by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
| Filing 43 DECLARATION of Patricia V. Bradley by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
| Filing 42 DECLARATION of J.A. Keller by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
| Filing 41 DECLARATION of HUGH J. HURWITZ by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
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Filing 40
ORDER signed by JUDGE CATHERINE C. EAGLES on 06/10/2019, that the Amended TRO, Doc. 16, is extended to the following extent, and the defendants Hurwitz, Keller, and Bradley, in their official capacities, are hereby temporarily restrained and enjoined to provide immediate medical care and treatment to the plaintiff, Angela Beck, as set out. This Court shall retain jurisdiction to monitor the defendants' compliance with this Order or amend the Order in the interest of justice. No later than June 26, 2019, and under the same provisions set forth in the Court's order entered June 3, 2019, at Doc. #23 , defendants Hurwitz, Keller, and Bradley shall file declarations under penalty of perjury showing, in detail, compliance with this order. Each shall also file under seal a declaration providing the date, time, and treatment provider scheduled for each future appointment. This order expires fourteen days from entry. The requirement for security, Fed. R. Civ. P. 65(c), is waived in the Court's discretion. (Garland, Leah)
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| Filing 39 DECLARATION of J.A. Keller by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
| Filing 38 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by SEVEN CORNERS, INC.. (Attachments: #1 Text of Proposed Order)(WILSON, NICHOLAS) |
| Filing 37 NOTICE of Appearance by attorney NICHOLAS D. WILSON on behalf of Defendant SEVEN CORNERS, INC. (WILSON, NICHOLAS) |
| Filing 36 DECLARATION of Joshua Robles by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
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ORDER granting #38 Motion for Extension of Time to Answer for SEVEN CORNERS, INC. Answer due by 7/8/2019. Signed by John Brubaker, Clerk of Court, on 06/05/2019. (Brubaker, John)
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| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motion Hearing held on 6/5/2019 (continued from 5/17/19) re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by ANGELA M. BECK. Attorneys Robert Elliott, Helen Parsonage, Benjamin Winikoff and Alice Anderson present for plaintiff. Attorney Joan Childs present for defendants in their official capacity only. As stated in open court, Preliminary Injunction taken under advisement. Court orders parties to exchange written discovery regarding exhaustion issue and limited document requests regarding medical care. (Court Reporter Jane Calhoun.) (Sanders, Marlene) |
| Filing 35 SEALED DOCUMENT Updated BOP Medical Records by Plaintiff ANGELA M. BECK, Defendants PATRICIA V. BRADLEY, JANE DOE, JOHN DOE, HUGH J. HURWITZ, J.A. KELLER, SEVEN CORNERS, INC.. (Attachments: #1 Updated BOP Medical Records)(CHILDS, JOAN) |
| Filing 34 DECLARATION of TECHNICAL DIFFICULTIES by Defendants PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
| Filing 33 MOTION for Extension of Time by J.A. KELLER. (Attachments: #1 Text of Proposed Order)(CHILDS, JOAN) |
| Filing 32 SEALED DOCUMENT of Robin Hunter-Buskey (Declaration) by Plaintiff ANGELA M. BECK, Defendants PATRICIA V. BRADLEY, JANE DOE, JOHN DOE, HUGH J. HURWITZ, J.A. KELLER, SEVEN CORNERS, INC.. (CHILDS, JOAN) |
| Filing 31 DECLARATION of Joshua Robles by Defendant HUGH J. HURWITZ, J.A. KELLER, PATRICIA V. BRADLEY. (Attachments: #1 1)(CHILDS, JOAN) |
| Filing 30 DECLARATION of Craig Simmons by Defendant HUGH J. HURWITZ, J.A. KELLER, PATRICIA V. BRADLEY. (CHILDS, JOAN) |
| Filing 29 DECLARATION of Dr. Angel Ortiz by Defendant HUGH J. HURWITZ, J.A. KELLER, PATRICIA V. BRADLEY. (CHILDS, JOAN) |
| Filing 28 DECLARATION of Patricia V. Bradley by Defendant HUGH J. HURWITZ, J.A. KELLER, PATRICIA V. BRADLEY. (CHILDS, JOAN) |
| Filing 27 DECLARATION of Hugh J. Hurwitz by Defendant HUGH J. HURWITZ, J.A. KELLER, PATRICIA V. BRADLEY. (CHILDS, JOAN) |
| Filing 26 Plaintiff's Supplemental Exhibits by ANGELA M. BECK. (Attachments: #1 Exhibit Att A - 2nd Supplemental Declaration of Dr. Winkfield, #2 Exhibit Att B - Emails)(ELLIOT, ROBERT) |
| Motions Submitted: #33 MOTION for Extension of Time to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 25 NOTICE of Appearance by attorney ALICE CHEN ANDERSON on behalf of Plaintiff ANGELA M. BECK (ANDERSON, ALICE) |
| Filing 24 Witness List by ANGELA M. BECK.(ELLIOT, ROBERT) |
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Filing 23
ORDER signed by JUDGE CATHERINE C. EAGLES on 06/03/2019, that 1. The motion for clarification and appropriate relief, Doc. #17 , is GRANTED to the extent the defendant officials seek a protective order for information about specific medical appointment location, dates, and times. a. All declarations or affidavits filed to comply with the Amended TRO or in connection with the motion for preliminary injunction which contain details about dates, times, or locations of medical appointments may be filed under seal, and b. All who receive this sealed information about specific times, dates, and locations of future medical appointments in connection with this litigation SHALL NOT further disclose such specific information to Ms. Beck or to third parties. 2. The motion for clarification and appropriate relief, Doc. #17 , is otherwise DENIED. (Taylor, Abby)
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| Filing 22 CERTIFICATE Plaintiff's Certification of Service of Amended Temporary Restraining Order on Defendants by Plaintiff ANGELA M. BECK. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B)(ELLIOT, ROBERT) |
| Filing 21 Corrected document re #20 Response to Motion, #17 MOTION for Clarification #16 Temporary Restraining Order and Appropriate Relief Related ot Amended TRO - Filed in Official Capacity. (ELLIOT, ROBERT) |
| Filing 20 RESPONSE filed by Plaintiff ANGELA M. BECK re #17 MOTION for Clarification #16 Temporary Restraining Order and Appropriate Relief Related ot Amended TRO - Filed in Official Capacity filed by PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER filed by ANGELA M. BECK. Replies due by 6/13/2019 (ELLIOT, ROBERT) |
| Filing 19 Corrected document re #18 Brief. (Attachments: #1 Exhibit A)(CHILDS, JOAN) |
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TEXT ORDER entered by JUDGE CATHERINE C. EAGLES on 5/28/2019. Plaintiff shall respond to Defendant's motion for clarification of the TRO, Doc. 17, no later than 10 a.m. May 30, 2019. (Marsh, Keah)
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ORDER The Court anticipates deciding the motion for preliminary injunction based on documentary evidence, if possible. Any declarations, exhibits, and records should be filed no later than June 4 at 10 am. If a party believes live testimony is needed, that party must file a witness list no later than June 3 at noon. The plaintiff need not attend personally. Plaintiff's counsel should file proof of service expeditiously and the Court anticipates treating the motion for preliminary injunction as directed towards all defendants who have been served. Signed by JUDGE CATHERINE C. EAGLES on May 28, 2019. (EAGLES, CATHERINE)
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| Filing 18 BRIEF re #17 MOTION for Clarification #16 Temporary Restraining Order and Appropriate Relief Related ot Amended TRO - Filed in Official Capacity . (Attachments: #1 Exhibit A)(CHILDS, JOAN) |
| Filing 17 MOTION for Clarification #16 Temporary Restraining Order and Appropriate Relief Related ot Amended TRO - Filed in Official Capacity by PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER. (CHILDS, JOAN) |
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Filing 16
AMENDED TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 05/21/2019, as set out herein.(Taylor, Abby)
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Filing 15
TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 05/20/2019, it is ORDERED that the plaintiff's motion for temporary restraining order, Doc. #3 , is GRANTED. FURTHER ORDERED that, pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, pending the hearing and disposition of Ms. Beck's motion for preliminary injunction, the defendants Hurwitz, Keller, and Bradley, in their official capacities, are hereby temporarily restrained and enjoined to provide immediate medical care and treatment to the plaintiff, Angela Beck as set forth herein. No later than June 4, 2019, defendants Hurwitz, Keller, and Bradley shall file declarations under penalty of perjury showing, in detail, compliance with this order. Each shall also file under seal a declaration providing the date, time, and treatment provider scheduled for each future appointment. This order expires fourteen days from entry. A hearing will be conducted on plaintiff's motion for preliminary injunction on June 5, 2019, at 2:30 p.m. in Courtroom #3, L. Richardson Preyer Federal Courthouse, 324 W. Market St., Greensboro, North Carolina. Plaintiff's counsel shall immediately arrange for personal service of this Order on all of the defendants, as required by Federal Rule of Civil Procedure 65(d)(2). (Garland, Leah)
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| Set Hearings: Preliminary Injunction Hearing set for 6/5/19 at 2:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) Modified on 5/20/2019 to reflect appropriate type of hearing. (Powell, Gloria). |
| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: TRO Hearing held on 5/17/2019 (continued from 5/15/19). Attorney Robert Elliott present for plaintiff. Attorney Joan Childs present for defendants in their official capacity only. As stated in open court, TRO still under advisement and will be filed on 5/20/19. Hearing on Preliminary Injunction set for 6/5/19 at 2:30 p.m., and Hearing for Compassionate Relief in 13cr186-6 to be set for the same date and time. (Court Reporter Joe Armstrong.) (Sanders, Marlene) |
| Filing 14 CERTIFICATE Plaintiff's Rule 65(b) Certificate of Compliance by Plaintiff ANGELA M. BECK. (WINIKOFF, BENJAMIN) |
| Filing 13 DECLARATION filed by Plaintiff ANGELA M. BECK re #3 MOTION for Temporary Restraining Order and Preliminary Injunction Supplementary Declaration of Dr. Karen M. Winkfield filed by ANGELA M. BECK. (ELLIOT, ROBERT) |
| Filing 12 DECLARATION filed by Defendants re #3 MOTION for Temporary Restraining Order and Preliminary Injunction (Sanders, Marlene) |
| Filing 11 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) |
| Filing 10 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Hurwitz, #2 Jane Doe, #3 Seven Corners, #4 Keller, #5 John Doe, #6 AUSA, #7 USAG)(Coyne, Michelle) |
| Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: TRO Hearing held on 5/15/2019. Attorneys Robert Elliott, Benjamin Winikoff and Helen Parsonage present for plaintiff. Attorney Joan Childs present for defendants in their official capacity only. Parties to submit additional evidence by May 17, 2019 at 12:30 p.m. Parties to confer regarding specific language for possible injunction and date for hearing for preliminary injunction. TRO Hearing continued to 5/17/19 at 3:30 p.m., in Greensboro, Courtoom 3. (Court Reporter Jane Calhoun.) (Sanders, Marlene) |
| Set Hearings: TRO Hearing continued to 5/17/19 at 3:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 9 NOTICE by PATRICIA V. BRADLEY, HUGH J. HURWITZ, J.A. KELLER (Notice of Appearance by Defendants in their official capacity only) (CHILDS, JOAN) |
| Filing 8 NOTICE of Appearance by attorney JAMES B. CRAVEN, III on behalf of Plaintiff ANGELA M. BECK (CRAVEN, JAMES) |
| Set Hearings: Hearing regarding Motion for Temporary Restraining Order set for 5/15/2019 at 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| TEXT ORDER The Court will hold a hearing on the motion for temporary restraining order on 5/15/19 at 11:00 a.m. in Greensboro, Courtroom 3. The Court anticipates deciding the motion based on the record and argument of counsel, without live testimony. Plaintiff's counsel shall give email and telephone notice of the hearing to the U.S. Attorney's office. The Clerk shall notify the Assistant US Attorney who is counsel of record in a related case, 13cr186-6, of the hearing. (Sanders, Marlene) |
| Filing 7 Corrected document re #3 MOTION for Temporary Restraining Order and Preliminary Injunction. (ELLIOT, ROBERT) |
| Filing 6 Corrected document re #4 Brief. (ELLIOT, ROBERT) |
| Filing 5 NOTICE of Appearance by attorney HELEN L. PARSONAGE on behalf of Plaintiff ANGELA M. BECK (PARSONAGE, HELEN) |
| Motions Submitted: #3 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 4 BRIEF re #3 MOTION for Temporary Restraining Order and Preliminary Injunction . (ELLIOT, ROBERT) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction by Angela M. Beck. Response to Motion due by 5/31/2019 (Attachments: #1 Exhibit A-Declaration of Dr. Karen Winkfield, #2 Exhibit B-Declaration of Anne Holland, #3 Exhibit C-Declaration of Angela M. Beck)(ELLIOT, ROBERT) |
| Filing 2 NOTICE of Appearance by attorney BENJAMIN P. WINIKOFF on behalf of Plaintiff Angela M. Beck (WINIKOFF, BENJAMIN) |
| Filing 1 COMPLAINT FOR IMMEDIATE INJUNCTIVE AND OTHER RELIEF CONCERNING PLAINTIFFS URGENT MEDICAL CONDITION against Patricia V. Bradley, Warden of the Federal Correctional Institute, Aliceville, AL, Jane Doe, unidentified present and forme officers, agents, and/or employees of FCI Aliceville, AL, John Doe, unidentified present and former officers, agents, and/or employees of FCI Aliceville, AL, Hugh J Hurwitz, Acting Director of the Federal Bureau of Prisons of the United States of America, J.A. Keller, Southeast Regional Director of the Federal Bureau of Prisons, Seven Corners, Inc. ( Filing fee $ 400 receipt number 0418-2567229.)(Related Case # 1:13-cr-186-6), filed by Angela M. Beck.(ELLIOT, ROBERT) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle) |
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