Fisher v. Cain et al
| Daniel Jay Fisher |
| Betty Hawkins, M. Landaverde, Dr. Koltes, C. Digiulio, Oregon Dept. of Corrections Health Services, Dr. Garth Gulick, Dr. Hemphill, Clements, J. Bugher, Brad Cain and J. Bradford |
| 2:2021cv00132 |
| January 25, 2021 |
| US District Court for the District of Oregon |
| Karin J Immergut |
| Jolie A Russo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 40 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jolie A. Russo to Judge Karin J. Immergut. (eo) |
Filing 39
ORDER: Adopting the Magistrate's Findings and Recommendation #37 . This Court Denies Defendants' Motion for Summary Judgment #23 as to Plaintiffs Eighth Amendment personal capacity claim against Defendant Gulick, and Grants summary judgment in all other respects. Signed on 6/27/22 by Judge Karin J. Immergut. (gm)
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Filing 38
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #37 is referred to Judge Karin J. Immergut for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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| Filing 37 Findings & Recommendation: Defendants' Motion for Summary Judgment #23 should be denied as to plaintiff's Eighth Amendment personal capacity claim against Dr. Gulick and granted in all other respects. Signed on 5/16/22 by Magistrate Judge Jolie A. Russo. (gm) |
| Filing 36 Reply in Support of Defendants' to Motion for Summary Judgment #23 . Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services. (Washington, Michael) |
| Filing 35 Declaration of Dr. Paul Puziss Exhibit 12 to Declaration of Katharine Edwards. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Daniel Jay Fisher. (Related document(s): Response to Motion, #34 .) (Edwards, Katharine) |
| Filing 34 Response to Motion for Summary Judgment #23 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Daniel Jay Fisher. (Attachments: #1 Attachment Declaration of Katharine Edwards, #2 Exhibit Exhibits to Declaration of Katharine Edwards) (Edwards, Katharine) |
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Filing 33
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Second Motion for Extension of Time #32 as follows and as modified: Response to summary judgment motion due by 4/25/2022. Reply to response to summary judgment motion due by 5/9/2022. Order: Resetting Defendants' Motion for Summary Judgment #23 from 5/2/2022 to the under advisement calendar of 5/16/2022. No further extensions will be granted unless sufficient good cause is shown. (gm)
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| Filing 32 Second Motion for Extension of Time . Filed by Daniel Jay Fisher. (Edwards, Katharine) |
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Filing 31
STIPULATED PROTECTIVE ORDER. Signed on 4/12/22 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 30 Stipulated Motion for Protective Order . Filed by All Defendants. (Washington, Michael) |
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Filing 29
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Extension of Time #27 as follows: Response to summary judgment due by 4/13/2022. Reply to response to summary judgment motion due by 4/27/2022. Order: Resetting Defendants' Motion for Summary Judgment #23 from 4/18/2022 to the under advisement calendar of 5/2/2022. No further extensions will be granted unless sufficient good cause is shown. (gm)
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Filing 28
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Extension of Time #26 as follows: Discovery to be completed by 4/13/2022. (gm)
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| Filing 27 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #23 . Filed by Daniel Jay Fisher. (Edwards, Katharine) |
| Filing 26 Motion for Extension of Discovery & PTO Deadlines . Filed by Daniel Jay Fisher. (Edwards, Katharine) |
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Filing 25
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Motion for Summary Judgment #23 on the under advisement calendar of 4/18/2022. (gm)
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| Filing 24 Declaration of Warren Roberts, M.D. in Support of Defendants' Motion for Summary Judgment. Filed by All Defendants. (Related document(s): Motion for Summary Judgment #23 .) (Attachments: #1 Attachment, #2 Attachment) (Washington, Michael) |
| Filing 23 Motion for Summary Judgment . Filed by All Defendants. (Washington, Michael) |
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Filing 22
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion for Extension of Time #20 as follows: All pretrial, discovery, and dispositive motions are due by 3/14/2022. No further extensions will be granted unless sufficient good cause is shown. (gm)
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| Filing 21 Declaration of Michael R. Washington in Support of Defendants' Unopposed Motion for Extension of Time. Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services. (Related document(s): Motion for Extension of Time #20 .) (Washington, Michael) |
| Filing 20 Motion for Extension of Time . Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services. (Washington, Michael) |
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Filing 19
ORDER: Defendants' Unopposed Motion for Extension of Time #17 is granted. All pretrial, discovery, and dispositive motions are due by 11/12/2021. Ordered by Magistrate Judge Jolie A. Russo. (pvh)
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| Filing 18 Declaration of Michael R. Washington in Support of Defendants' Motion for Extension of Time. Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services. (Related document(s): Motion for Extension of Time #17 .) (Washington, Michael) |
| Filing 17 Motion for Extension of Time . Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services. (Washington, Michael) |
| Filing 16 Notice of Appearance of Katharine Edwards appearing on behalf of All Plaintiffs . Filed by Daniel Jay Fisher. (Edwards, Katharine) |
| Filing 15 Notice of Change of Address. Filed by Daniel Jay Fisher. (joha) |
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Filing 14
Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. All pretrial, discovery, and dispositive motions are due by 8/13/2021. Ordered by Magistrate Judge Jolie A. Russo. **2 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (dsg)
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| Filing 13 Answer to #1 Complaint with Jury Demand. and Affirmative Defenses. Filed by Oregon Dept. of Corrections Health Services, M. Landaverde, Brad Cain, C. Digiulio, J. Bugher, J. Bradford, Betty Hawkins, Hemphill, Clements, Garth Gulick, Koltes.**7 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (Washington, Michael) |
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Filing 12
ORDER: The Court FINDS MOOT plaintiff's original Application to Proceed In Forma Pauperis #4 as plaintiff paid the filing fee. The Court GRANTS defendants' Motion to Copy and Inspect Plaintiff's Medical Records #11 . Defendants may inspect and copy all of plaintiff's relevant medical records kept by the Oregon Department of Corrections during the pendency of this case. See Or. Rev. Stat. 179.495.. Ordered by Magistrate Judge Jolie A. Russo. **PRINT NEF ONLY**(Daniel Fisher, Prisoner ID: 7874120) (ps1)
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| Filing 11 Motion to Copy and Inspect Plaintiff's Medical Records. Filed by J. Bradford, J. Bugher, Brad Cain, Clements, C. Digiulio, Garth Gulick, Betty Hawkins, Hemphill, Koltes, M. Landaverde, Oregon Dept. of Corrections Health Services.**3 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (Washington, Michael) |
| Filing 10 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. **PRINT NEF ONLY. The Court will e-mail a PDF of the Consent to Jurisdiction by a Magistrate Judge form filed in this case to the prison for delivery to the inmate litigant.**(Daniel Fisher, Prisoner ID: 7874120) |
| Filing 9 Waiver of Service of Summons Returned Executed by Oregon Dept. of Corrections Health Services waiver sent on 2/24/2021; M. Landaverde waiver sent on 2/24/2021; Brad Cain waiver sent on 2/24/2021; C. Digiulio waiver sent on 2/24/2021; J. Bugher waiver sent on 2/24/2021; J. Bradford waiver sent on 2/24/2021; Betty Hawkins waiver sent on 2/24/2021; Hemphill waiver sent on 2/24/2021; Clements waiver sent on 2/24/2021; Garth Gulick waiver sent on 2/24/2021; Koltes waiver sent on 2/24/2021. Filed by Oregon Dept. of Corrections Health Services; M. Landaverde; Brad Cain; C. Digiulio; J. Bugher; J. Bradford; Betty Hawkins; Hemphill; Clements; Garth Gulick; Koltes.**3 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (Washington, Michael) |
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Filing 8
ORDER: The Court FINDS MOOT plaintiff's Amended Application to Proceed In Forma Pauperis #7 , as plaintiff paid the civil filing fee. Ordered by Magistrate Judge Jolie A. Russo. **PRINT NEF ONLY**(Daniel Fisher, Prisoner ID: 7874120) (ps1)
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| Filing 7 Amended Application for Leave to Proceed IFP. Filed by Daniel Jay Fisher.**PRINT NEF ONLY**(Daniel Fisher, Prisoner ID: 7874120) (joha) |
| Filing 6 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 3/26/2021.**4 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (Emailed notice and complaint to ODOJ.) (dsg) |
| Filing fee in amount of $402.00 collected; Receipt No. 92163 issued. (fp) |
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Filing 5
ORDER TO FILE AMENDED APPLICATION TO PROCEED IN FORMA PAUPERIS: IT IS ORDERED that plaintiff must file an amended application curing this deficiency. The amended application must bear the Civil No. 2:21-cv-00132-JR. Plaintiff is advised that failure to file an amended application will result in the dismissal of this proceeding. The Clerk of the Court is directed to send to plaintiff a form Application to Proceed In Forma Pauperis with this order. Signed on 2/9/2021 by Magistrate Judge Jolie A. Russo. (Attachments: #1 Amended IFP Form)**7 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (joha)
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| Filing 4 Application for Leave to Proceed IFP. Filed by Daniel Jay Fisher.**PRINT NEF ONLY**(Daniel Fisher, Prisoner ID: 7874120) (joha) |
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Filing 3
ORDER: IT IS ORDERED that plaintiff must submit the $402.00 filing fee or an application to proceed in forma pauperis within 30 days of the date of this Order. Plaintiffs failure to do so will result in the dismissal of this action. The Clerk of the Court is DIRECTED to send plaintiff a form application to proceed in forma pauperis with this order. Signed on 1/28/2021 by Magistrate Judge Jolie A. Russo. (Attachments: #1 IFP Form)**7 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (joha)
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| Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge Jolie A. Russo. **3 PAGE(S), PRINT ALL**(Daniel Fisher, Prisoner ID: 7874120) (joha) |
| Filing 1 Complaint. (NO IFP Filed, NO Filing Fee Paid) Jury Trial Requested: Yes. Filed by Daniel Jay Fisher against All Defendants (Attachments: #1 Civil Cover Sheet).**PRINT NEF ONLY**(Daniel Fisher, Prisoner ID: 7874120) (joha) |
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