Welch v. May et al.
| David F. Welch |
| Warden Harold May, Ashley D. Veach, Angela F. Raypole, Jodanna A. Leblanc, Gregory A. Bresnahan, Jennifer M. Troiano, David Nguyen, Echo Smith, Robin L. Jordan, Katrina M. Christo, Nurse Reynolds, Mark A. Bigler, Betsy L. Harriger, Mark W. Meyermann, Miradin Coker, Lieutenant J. Maze, Ms. Dye, Sonia L. Brown, Karen Stanforth, Ms. Weber, Ms. Richardson, Dep. Harriger, Dr. Hughes and John and Jane Does |
| State of Ohio |
| 3:2023cv02019 |
| October 15, 2023 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
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| Minute Order: [non-document] Status Conference re Preliminary Injunction held on 12/11/2023 by video conference before Judge James G. Carr. Court Reporter: Stacey Kiprotich. Time: 32 Minutes. Plaintiff appeared by attorney Theran J. Selph, Sr. and Ryan Peflrey. Interested Party State of Ohio appeared by attorney D. Chadd McKitrick. Parties advised as to case status. McKitrick notifies the court that he has no access to imaging reports will follow-up on the ultrasound. Attorney Selph notifies the court that the Plaintiff has a signed HIPAA Release. Parties to submit status reports (where are with case) on or before 12/20/2023. The court sets a further status conference for 1/8/2024 at 2:00 PM by video conference before Judge James G. Carr. Video zoom invite to issue to all participants in advance. So ordered. Judge James G. Carr on 12/11/2023. (D,TM) |
Order: [non-document] Further Status Conference vacated for 12/8/2023 and reset for 12/11/2023 at 02:30 PM to be held by video conference (Toledo) before Judge James G. Carr. Video conference zoom invite to issue to all participants in advance. (D,TM)
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Order appointing Theran J. Selph, Sr. for David F. Welch as pro bono counsel. See General Order 2007-02-2 on # Northern District of Ohio's General Orders webpage. Link to #Reimbursement Voucher and Instructions. Judge James G. Carr on 11/29/2023. (D,TM)
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| Filing 9 Attorney Appearance by Matthew P. Convery filed by on behalf of State of Ohio. (Convery, Matthew) |
| Minute Order: [non-document] Status Conference re Preliminary Injunction held on 11/28/2023 by video conference before Judge James G. Carr. Court Reporter: Donnalee Cotone. Time: 40 Minutes. Plaintiff appeared by attorney Theran J. Selph, Sr.. Interested Party State of Ohio appeared by attorneys D. Chadd McKitrick, Matt Convery and Meggan Moore. Parties advised as to case status. Pending before the court is the Plaintiff's #3 Motion for preliminary injunction. Plaintiffs counsel to contact attorney McKitrick re all medical records/documents in the custody of the state by the end of the week (12/1/2023). The court authorizes attorney Selph to submit reimbursement through the attorney admissions program (pro bono) up to $1500.00 to include experts. The court sets a further status conference for 12/8/2023 at 9:30 AM by video conference zoom before Judge James G. Carr. Video zoom invite to issue to all participants in advance. Further scheduling relating to the motion held in abeyance pending status conference. Counsel advised to review the Judge's civil case preferences. So ordered. Judge James G. Carr on 11/28/2023. (D,TM) |
| Filing 8 Attorney Appearance for Interested Party, State of Ohio by D. Chadd McKitrick and Matthew P. Convery filed by on behalf of State of Ohio. (McKitrick, D.) |
| Filing 7 Return of Service by personal service executed upon All Defendants, filed on behalf of All Plaintiffs (Attachments: #1 Summons Ms. Richardson, #2 Summons Karen Stanforth, #3 Summons Sonia Brown, #4 Summons Dr. Hughes, #5 Summons Ms. Weber, #6 Summons Ms. Dye, #7 Summons Dep. Harriger, #8 Summons Lieutenant J. Maze, #9 Summons Mark W. Meyermann, DO, #10 Summons Betsy L. Harriger, RN, #11 Summons Miradin Coker, RN, #12 Summons Mark A. Bigler, #13 Summons Nurse Reynolds, RN, #14 Summons Katrina M. Christo, RN, #15 Summons Robin L. Jordan, RN, #16 Summons Echo Smith, RN, #17 Summons Jennifer M. Troiano, RN, #18 Summons David Nguyen, DO, #19 Summons Gregory A. Bresnahan, CNP, #20 Summons Jodanna A. Leblanc,RN, #21 Summons Angela F. Raypole, RN, #22 Summons Ashley D. Veach, RN)(Selph, Theran) Modified text on 12/6/2023 (S,DM). |
| Filing 6 Original Summons issued to counsel for service upon Mark A. Bigler, Gregory A. Bresnahan, Sonia L. Brown, Katrina M. Christo, Miradin Coker, Ms. Dye, Betsy L. Harriger, Dep. Harriger, Dr. Hughes, Robin L. Jordan, Jodanna A. Leblanc, Harold May, Lieutenant J. Maze, Mark W. Meyermann, David Nguyen, Angela F. Raypole, Nurse Reynolds, Ms. Richardson, Echo Smith, Karen Stanforth, Jennifer M. Troiano, Ashley D. Veach, Ms. Weber. (S,DM) |
| Filing 5 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons, #21 Summons, #22 Summons, #23 Summons)(Selph, Theran) |
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Order: [non-document] Plaintiff shall serve on the Defendants the Summons, Complaint, and the Motion for Preliminary Injunction on or before 11/22/2023 at 12:00 p.m. Hearing set for 11/28/2023 at 11:30 a.m. to be held by video conference (Toledo) before Judge James G. Carr for status on Motion for Preliminary Injunction and disclosure of Plaintiff's medical records to Plaintiff's counsel. Video zoom invite to issue to all participants in advance. Per instruction from the Court, chambers staff contacted Plaintiff's counsel on 11/16/2023 to relay the substance of this order. So Ordered. Judge James G. Carr on 11/20/2023. (D,TM)
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| Filing 4 FILING ERROR - Incorrect document attached attorney refiled see docket entry #7 . Waiver of Service Returned Unexecuted as to Harold May filed on behalf of All Plaintiffs (Attachments: #1 Summons of Veach, #2 Summons of Raypole, #3 Summons of Leblanc, #4 Summons of Bresnahan, #5 Summons of Troiano, #6 Summons of Nguyen, #7 Summons of Smith, #8 Summons of Jordan, #9 Summons of Christo, #10 Summons of Reynolds, #11 Summons of Bigler, #12 Summons of Harringer, #13 Summons of Meyerman, #14 Summons of Coker, #15 Summons of Maze, #16 Summons of Dye, #17 Summons of Brown, #18 Summons of Stanforth, #19 Summons of Weber, #20 Summons of Richardson, #21 Summons of Deputy Harringer, #22 Summons of Hughes)(Selph, Theran) Modified on 11/27/2023 (S,DM). Modified filing error on 12/6/2023 (S,DM). |
| Filing 3 Motion for preliminary injunction filed by Plaintiff David F. Welch. (Attachments: #1 Exhibit A - Curriculum Vitae of Dr. Vince Faridani, #2 Exhibit B - Prison Medical Records, #3 Exhibit C - Affidavit of Dr. Vince Faridani)(Pelfrey, Ryan) |
| Filing 2 Magistrate Consent Form issued. Summons were not attached and were not issued. (S,DM) |
| Judge James G. Carr assigned to case. (S,DM) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (S,DM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (S,DM) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-12227223.. Filed by David F. Welch. (Attachments: #1 Exhibit A - June 19, 2023 counsel letter to Warden May, #2 Civil Cover Sheet) (Pelfrey, Ryan) |
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