Hodges v. Corizon Health, Inc., et al
Plaintiff: Hodges and David Hodges
Defendant: Clackamas County, Corizon Health, Inc., Trang Tran, Joseph McCarthy, Andrew Grasley, Walter Hardin and Cheryl Calcagno
Case Number: 6:2015cv00521
Filed: March 30, 2015
Court: US District Court for the District of Oregon
Office: Eugene (6) Office
Presiding Judge: John V Acosta
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Partial Filing Fee in amount of $216.46 collected; Receipt No. 94907 issued. (fp)
June 8, 2021 Partial Filing fee in amount of $280.00 collected; Receipt No. 93693 issued. (ljp)
December 29, 2020 Filing 256 MANDATE of USCA for the 9th Circuit, USCA #20-35066, re Notice of Appeal #245 . The decision of the District Court is AFFIRMED. (jw)
December 7, 2020 Filing 255 USCA Memorandum for the 9th Circuit, USCA #20-35066, re Notice of Appeal #245 . The decision of the District Court is AFFIRMED. (bd)
August 6, 2020 Opinion or Order Filing 254 Order from USCA for the 9th Circuit, USCA # 20-35066 re Notice of Appeal #245 . Appellant's motion to maintain volume 3 of the supplemental excepts of record under seal is granted. The Clerk shall file publicly the answering brief and volumes 1 and 2 of the supplemental excepts of record, and shall file under seal volume 3 of the supplemental excerpts of record. The existing briefing schedule shall continue in effect. (bd)
June 25, 2020 Opinion or Order Filing 253 ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation #250 . Accordingly, Defendants' Cost Bill is DENIED. IT IS SO ORDERED. DATED: June 25, 2020 by United States District Judge Marco A. Hernandez. (Mailed to Pro Se party on 6/30/2020.) (pjg) Modified filed date on 6/30/2020 (pjg).
June 2, 2020 Partial Filing fee in amount of $8.54 collected; Receipt No. 88893 issued. (fp)
March 31, 2020 Opinion or Order Filing 252 Order from USCA for the 9th Circuit, USCA # 20-35066 re Notice of Appeal #245 . Appellant's motion for appointment of counsel is denied. Appellant's motion for waiver of the filing fee requirement is denied. (bd)
March 27, 2020 Opinion or Order Filing 251 ORDER by Judge Acosta - referring Bill of Costs #241 , Findings & Recommendation: Bill of Costs #250 to Judge Hernandez. (Mailed to Pro Se party on 3/27/2020.) (pjg)
March 27, 2020 Filing 250 FINDINGS AND RECOMMENDATION Defendants' Cost Bill (ECF No. #241 ) in the amount of $4,085.03 should be DENIED. SCHEDULING ORDER: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due April 13, 2020. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 27th day of March, 2020 by United States Magistrate Judge John V. Acosta.(Mailed to Pro Se party on 3/27/2020.) (pjg)
March 27, 2020 Opinion or Order Filing 249 ORDER by Judge Acosta: STRIKING Order on Cost bill, #248 . Findings and Recommendations to follow. Matter will be referred to Judge Hernandez. (Mailed to Pro Se party on 3/27/2020.) (pjg)
March 26, 2020 Filing 248 STRICKEN PER 249 ORDER ON COST BILL: Defendants' Cost Bill (ECF No. #241 in the amount of $4,085.03 is DENIED. DATED this 26th day of March, 2020 by United States Magistrate Judge John V. Acosta. (Mailed to Pro Se party on 3/26/2020.) (pjg) Modified on 3/27/2020 (pjg).
February 26, 2020 Opinion or Order Filing 247 Order and Prisoner Authorization Form from USCA for the 9th Circuit USCA # 20-35066 re Notice of Appeal #245 . (bd)
January 30, 2020 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #245 . Case Appealed to 9th Circuit Case Number 20-35066 assigned. (bd)
January 27, 2020 Filing 246 Motion for Appointment of Counsel. Filed by David Hodges. (kms)
January 27, 2020 Filing 245 Notice of Appeal to the 9th Circuit. Related Documents: Judgment, #239 . (IFP Granted). Filed by David Hodges. (kms)
January 27, 2020 Filing 244 Motion to waive bill of cost. Filed by David Hodges. (kms)
January 8, 2020 Opinion or Order Filing 243 Scheduling Order by Judge Acosta - Bill of Costs #241 . is taken under advisement as of 1/28/2020. (Mailed to Pro Se party on 1/8/2020.) (pjg)
January 7, 2020 Filing 242 Declaration of John Spencer Stewart in Support of Defendants' Bill of Costs. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Bill of Costs #241 .) (Stewart, John)
January 7, 2020 Filing 241 Bill of Costs . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Stewart, John) Modified on 3/27/2020 (pjg).
January 3, 2020 Filing 240 Clerk's Notice of Mailing to David Hodges regarding Order on motion for summary judgment, Order on Findings & Recommendation, #238 and Judgment #239 . (pjg)
January 3, 2020 Opinion or Order Filing 239 JUDGMENT: Based on the record, IT IS ORDERED AND ADJUDGED that this case is dismissed, with prejudice. Pending motions, if any, are denied as moot. Dated this 3rd day of January, 2020 by Judge Marco A. Hernandez.(Mailed to Pro Se party on 1/3/2020.) (pjg)
January 2, 2020 Opinion or Order Filing 238 ORDER - The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation #230 . Defendants' motion for summary judgment #65 is GRANTED. IT IS SO ORDERED. Dated this 2nd day of January, 2020 by United States District Judge Marco A. Hernandez. (Mailed to Pro Se party on 1/3/2020.) (pjg) Modified filing date on 1/3/2020 (pjg).
December 16, 2019 Filing 237 Plaintiff's Pro-Se Response to Defendants Response. Filed by David Hodges. (joha)
December 2, 2019 Filing 236 Declaration of Douglas Dawley M.D. In Support of Corizon Defendants' Response to Plaintiff's Pro-Se Objections to Findings and Recommendations. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Response to Objections to Findings & Recommendation #235 .) (Coles, Kevin)
December 2, 2019 Filing 235 Response to Objections to Findings & Recommendation. Related document(s): #234 Objections to Findings & Recommendation. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
November 14, 2019 Filing 234 Objections to Findings & Recommendation #230 . Filed by David Hodges. (joha)
September 25, 2019 Opinion or Order Filing 233 ORDER: Granting Motion for Extension of Time to File Objection to F & R #232 . Objections to the Findings and Recommendation are due by 11/11/2019. Ordered by Judge Marco A. Hernandez. (Mailed to Pro Se party on 9/25/2019.) (jp)
September 23, 2019 Filing 232 Motion for Extension of Time to File an Objection to #230 . Filed by David Hodges. (kms)
September 10, 2019 Opinion or Order Filing 231 ORDER by Judge Acosta - REFERRING Findings and Recommendation #230 regarding Defendants' Motion for Summary Judgment #65 to the Honorable Marco A. Hernandez for review and final determination. (Mailed to Pro Se party on 9/10/19.) (peg)
September 10, 2019 Filing 230 FINDINGS and RECOMMENDATION - Defendants' motion #65 for summary judgment based on the substantive merits of Hodges's claims should be GRANTED and a judgment of dismissal should be entered. SCHEDULING ORDER: The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due September 27, 2019. If no objections are filed, then the Findings andRecommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen days after being served with acopy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement.DATED this 10th day of September, 2019, by United States Magistrate Judge John V. Acosta.(Mailed to Pro Se party on 9/10/19.) (peg)
June 14, 2019 Opinion or Order Filing 229 ORDER by Judge Acosta - GRANTING in PART Plaintiff's Motion #226 to extend time to file his sur-reply as follows: (1) Plaintiff has up to and including 6/28/19, by which to file a "Supplemental Exhibit" to his previously filed sur-reply (ECF #224). The supplemental filing is LIMITED to the submission of the medical report ONLY. The motion for summary judgment #65 will now be taken under advisement by the court as of 7/1/19. (Mailed to Pro Se party on 6/14/19.) (peg)
June 13, 2019 Filing 228 Amended Affidavit of David Hodges in Opposition to Motion for Summary Judgment #65 . Filed by David Hodges. (joha)
June 13, 2019 Filing 227 Amended Sur-Reply to Motion for Summary Judgment #65 . Filed by David Hodges. (joha)
June 12, 2019 Filing 226 Third Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #65 . Filed by David Hodges. (sb)
June 7, 2019 Opinion or Order Filing 225 ORDER regarding Judge Acosta's orders 208 , 212 defendants' motions for extension of time to file Reply and plaintiff's Objections #217 - The court AFFIRMS Magistrate Judge Acosta's Orders 208 and 212 . IT IS SO ORDERED. DATED this 7th day of June, 2019, by United States District Judge Marco A. Hernandez.(Mailed to Pro Se party on 6/12/19.) (peg)
May 13, 2019 Filing 224 Sur-Reply to Motion for Summary Judgment #65 . Filed by David Hodges. (joha)
May 8, 2019 Opinion or Order Filing 223 ORDER by Judge Acosta - GRANTING plaintiff's second motion (ECF #222) for extension of time to 6/3/19, in which to file a sur-reply in opposition to defendants' reply in support of their motion for summary judgment (ECF #65), as entitled to under LR 56-1(b). Plaintiff's sur-reply is EXPRESSLY limited to responding to the information/argument/evidentiary objections contained in defendants' reply (ECF #215) and supporting declaration (ECF #216). The Motion for Summary Judgement (ECF #65) will be taken under advisement as of 6/4/19. (Mailed to Pro Se party on 5/8/19.) (peg)
May 6, 2019 Filing 222 Second Motion for Extension of Time to File Surreply in Opposition to Motion for Summary Judgment #65 . Filed by David Hodges. (jn)
April 9, 2019 Filing 221 AMENDED ORDER regarding Order (ECF #220) - Plaintiff's sur-reply will be due no later than 5/9/19. The motion for summary judgment (ECF #65) will now be taken under advisement as of 5/9/19. (Mailed to Pro Se party on 4/9/19.) (peg)
April 9, 2019 Opinion or Order Filing 220 ORDER by Judge Acosta - GRANTING Plaintiff's Motion for Extension of Time to File a Sur-Reply to Defendants' Reply to the pending Motion for Summary Judgment #65 . Plaintiff is entitled to respond. under LR 56-1(b). The Sur-Reply is due no later than 4/23/19, and is expressly limited to responding to the information/argument/evidentiary objections contained in defendants' reply. The Motion for Summary Judgement will be taken under advisement as of 4/24/19. (Mailed to Pro Se party on 4/9/19.) (peg)
April 8, 2019 Filing 219 Motion for Extension of Time to File a Sur-Reply in Opposition to Motion for Summary Judgment #65 . Filed by David Hodges. (dsg)
April 2, 2019 Opinion or Order Filing 218 ORDER by Judge Acosta - REFERRING Plaintiff's Objections (ECF #217) to Defendants two motions #207 and #211 and this Court's Orders 208 and 212 regarding those motions to the Honorable Marco A. Hernandez for his review and consideration. (Mailed to Pro Se party on 4/2/19.) (peg) Modified on 4/2/2019 to add document number.(peg).
April 1, 2019 Filing 217 Objection. Titled, "Plaintiff's Pro Se Motion of Objections." Filed by David Hodges. (dsg) (PDF replaced on 6/6/2019 to add missing page 3.) (eo)
April 1, 2019 Filing 216 Declaration of Douglas Dawley M.D.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Reply to Motion #215 .) (Coles, Kevin)
April 1, 2019 Filing 215 Reply In Support to Motion for Summary Judgment #65 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
March 28, 2019 Opinion or Order Filing 214 ORDER by Judge Acosta - GRANTING defendants' motion #213 to extend time to 4/1/19, in which to file their reply in support of their summary judgment motion. (Mailed to Pro Se party on 3/28/19.) (peg)
March 28, 2019 Filing 213 Third Motion for Extension of Time to File a Response/Reply In Support to Motion for Summary Judgment #65 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
March 25, 2019 Opinion or Order Filing 212 ORDER issued by Magistrate Judge John V. Acosta: Granting Defendants' second ex parte Motion for Extension of Time #211 as follows: Reply to motion for summary judgment due by 3/28/2019. Motion for Summary Judgment #65 will now be taken under advisement as of 4/1/2019. (Mailed to Pro Se party on 3/25/19.) (gm)
March 25, 2019 Filing 211 Second Motion for Extension of Time to File a Response/Reply In Support to Motion for Summary Judgment #65 . Expedited Hearing requested. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
March 19, 2019 Opinion or Order Filing 210 ORDER by Judge Acosta - DENYING Plaintiff's motion #209 for reconsideration in regards to court orders 200 , 206 . (Mailed to Pro Se party on 3/19/19.) (peg)
March 18, 2019 Filing 209 Motion for Reconsideration for Doc. No. 200 in regards to Doc. No. 199 and Doc. No. 206 in regards to Doc No. 204. Filed by David Hodges. (kms)
March 18, 2019 Opinion or Order Filing 208 ORDER by Judge Acosta - GRANTING defendants' ex parte motion #207 for extension of time to 3/25/19 in which to file their reply in support of their motion for summary judgment. Motion for summary judgment #65 will now be taken under advisement as of 3/26/19. (Mailed to Pro Se party on 3/18/19.) (peg)
March 18, 2019 Filing 207 Motion for Extension of Time to File a Response/Reply In Support to Motion for Summary Judgment #65 . Expedited Hearing requested. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
March 5, 2019 Opinion or Order Filing 206 ORDER by Judge Acosta - DENYING plaintiff's motion #204 requesting 30 days to amend brief and affidavit. (copy of this order mailed to plaintiff) (peg)
March 5, 2019 Opinion or Order Filing 205 SCHEDULING ORDER by Judge Acosta - The court has received plaintiff's documents in response to defendants' motion for summary judgment #65 . Defendants' reply in support of their motion is now due by 3/18/19. The motion for summary judgment #65 will now be taken under advisement as of 3/19/19. (copy of this order mailed to plaintiff) (peg)
March 4, 2019 Filing 204 Motion Requesting 30 Days to Amend Brief and Affidavit. Filed by David Hodges. (kms)
March 4, 2019 Filing 203 Affidavit of David Hodges. Filed by David Hodges. (Related document(s): Response in Opposition to Motion #201 .) (Attachments: #1 Exhibits) (kms)
March 4, 2019 Filing 202 Declaration of David Hodges. Filed by David Hodges. (Related document(s): Response in Opposition to Motion #201 .) (kms)
March 4, 2019 Filing 201 Response in Opposition to Motion for Summary Judgment #65 . Filed by David Hodges. (kms)
March 1, 2019 Opinion or Order Filing 200 ORDER by Judge Acosta - DENYING Plaintiff's Motion for Reconsideration #198 and Motion to Stay #199 . (copy of this order mailed to plaintiff) (peg)
February 27, 2019 Filing 199 Motion for Stay. Filed by David Hodges. (sb)
February 27, 2019 Filing 198 Motion for Reconsideration of Order on motion for extension of time to file Response/Reply 197 . Filed by David Hodges. (sb)
February 12, 2019 Opinion or Order Filing 197 ORDER by Judge Acosta -- Plaintiff's motion (ECF No. 195) for an extension of time to respond to defendant's pending summary judgment motion (ECF No. 65) is DENIED. Plaintiff has requested and received numerous extensions of time to file his response to the summary judgment motion, which motion has been pending since October 3, 2016. Additionally, the court notes that on January 22, 2019, plaintiff filed a "notice [ECF No. 194] of subpoena duces tecum" in which he stated his intent to send a subpoena duces tecum to the Clackamas County Sheriff. The court previously denied plaintiff's request to reopen discovery. (See ECF No. 188, pp. 7-8.) Plaintiff is prohibited from using formal discovery methods and from invoking the court's actual or apparent authority to engage in formal discovery. Accordingly, any subpoena plaintiff has issued to the Clackamas County Sheriff is QUASHED and the Clackamas County Sheriff is relieved from any obligation to comply with such a subpoena. FURTHER ORDERD that the clerk of court is not to issue or serve any process at plaintiff's direction or on his behalf. (Copy mailed to plaintiff and Clackamas County Sheriff's office) (kms)
February 12, 2019 Filing 196 Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #65 #195 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
February 11, 2019 Filing 195 Motion for Extension of Time to File a Response to Motion for Summary Judgment #65 . Filed by David Hodges. (dsg)
January 22, 2019 Filing 194 Notice of Subpoena duces tecum. Filed by David Hodges. (dsg)
January 4, 2019 Filing 193 Letter from the court in response to plaintiff's Request for Instructions from the Court Clerk (ECF #192) (copy mailed to plaintiff) (peg)
January 2, 2019 Filing 192 Request for Instructions from the Court Clerk. Filed by David Hodges. (dsg) Modified on 1/4/2019 (peg).
December 17, 2018 Filing 191 Reply to Motion #180 . Titled, "Plaintiff's Pro Se Sur-Response to "Corizon Defendants'Opposition to Plaintiff's Pro Se Omnibus Motion." Filed by David Hodges. (dsg)
December 17, 2018 Filing 190 Clerk's Notice of Mailing to David Hodges copies of Order #188 and Scheduling Order 189 . (peg)
December 17, 2018 Opinion or Order Filing 189 SCHEDULING ORDER by Judge Acosta as to Defendants' Motion for Summary Judgment #65 - as plaintiff's response is now due 2/28/19, defendants' reply shall be due by 3/14/19. The motion will now be taken under advisement by the court as of 3/15/19. (peg)
December 14, 2018 Opinion or Order Filing 188 ORDER - Plaintiff's motions #180 , #183 , #184 , #186 , and #187 are GRANTED and DENIED as specified in the order attached to this entry. To the extent that any requests for relief contained in motions #180 , #183 , #184 , #186 , and #187 have not been expressly granted by this Order, those requests are DENIED. IT IS SO ORDERED. DATED this 14th day of December, 2018, by United States Magistrate Judge John V. Acosta. (peg)
December 10, 2018 Filing 187 Motion for Extension of Time of 120 Days to File the Response to Defendant's Motion for Summary Judgment, Due to Good Cause Shown. Filed by David Hodges. (kms)
December 7, 2018 Filing 186 Motion for Reconsideration to Ruling on Court Doc. No. 179 & Affidavit. Filed by David Hodges. (kms)
December 5, 2018 Filing 185 Response and Opposition to Plaintiff's Pro Se Omnibus Motion. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Motion - Miscellaneous, #180 .) (Coles, Kevin)
December 3, 2018 Filing 184 Motion for Reconsideration of Order on Motion to Compel, 170 . Filed by David Hodges. (dsg)
December 3, 2018 Filing 183 Response. Titled, "Plaintiff's Pro-Se Motion in Response to Defendant's Motion for Setting Briefing Schedule on Defendant's Motion for Summary Judgment and Court Order 177 ." Filed by David Hodges. (dsg). Modified on 12/5/2018 to change document type to motion for reconsideration (peg).
November 26, 2018 Filing 182 Notice of Correction filed by Plaintiff as "Amendment to Motion: Plaintiff's Pro-Se Omnibus Motion and Affidavit". Filed by David Hodges. (kms) Modified on 11/28/2018 to correct document type by terming this document as a motion. (peg)
November 26, 2018 Opinion or Order Filing 181 SCHEDULING ORDER by Judge Acosta - Plaintiff's "Omnibus" Motion #180 will be taken under advisement as of 12/18/2018. (copy of this scheduling order mailed to plaintiff). (peg)
November 21, 2018 Filing 180 Plaintiff's Pro-Se Omnibus Motion and Affidavit: 1) Request to Return to Discovery per Rules 16 (6)(4) & 56(d) along with deferred issues in Doc. No. 122, 2) Response to defendants' Allegations, 3) Request for reconsideration of Rulings of Court Doc. No. 170. Filed by David Hodges. (jw)
November 19, 2018 Opinion or Order Filing 179 ORDER by Judge Acosta - DENYING as MOOT plaintiff's motion #178 for extension of time for two issues, due to extraordinary circumstances. (copy of this order mailed to plaintiff) (peg)
November 15, 2018 Filing 178 Motion for Extension of Time. Filed by David Hodges. (joha)
November 13, 2018 Opinion or Order Filing 177 SCHEDULING ORDER by Judge Acosta as to the remaining issues in defendants' motion for summary judgment #65 - (1) Plaintiff's response to the remaining issues in defendants' motion for summary judgment is due by 12/17/18. (2) Defendants' reply to plaintiff's response is due by 1/14/19. (3) The remaining portions of motion for summary judgment #65 will now be taken under advisement as of 1/22/19. (copy of this order mailed to plaintiff) (peg)
November 9, 2018 Filing 176 Motion for Order Setting Briefing Schedule on Defendants' Motion for Summary Judgment. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
November 8, 2018 Opinion or Order Filing 175 ORDER by Judge Acosta - DENYING plaintiff's "emergency" motion for extension of time #174 . FURTHER ORDERED - DENYING plaintiff's motion #119 for the appointment of a private investigator. (copy of this order mailed to plaintiff) (peg)
November 5, 2018 Filing 174 Motion for Extension of Time. Filed by David Hodges. (joha)
October 24, 2018 Filing 173 Notice of Attorney Withdrawal: as to James M. Daigle only Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
October 23, 2018 Filing 172 Clerk's Notice of re-mailing to David Hodges a copy of Order 170 . (peg)
October 22, 2018 Filing 171 Mail Returned - Undeliverable: Order 170 sent to David Hodges returned as undeliverable. (joha)
October 15, 2018 Opinion or Order Filing 170 ORDER by Judge Acosta - The court has reviewed and fully considered plaintiff's motion to compel discovery #158 and defendants' response (ECF #166) to plaintiff's motion. Plaintiff's motion is DENIED. (copy of this order mailed to plaintiff). (peg)
October 2, 2018 Opinion or Order Filing 169 ORDER by Judge Acosta - GRANTING plaintiff's motion for extension of time to file his reply to defendants' response to his motion to appoint private investigator #119 ; Plaintiff's reply is due no later than 11/5/18; the motion to appoint a private investigator will now be taken under advisement as of 11/6/18. (copy of this order mailed to plaintiff) (peg)
October 1, 2018 Filing 168 Motion for 30 Day Extension of Time to File a Reply to Motion to Appoint Private Investigator #119 . Filed by David Hodges. (kms)
October 1, 2018 Filing 167 Declaration of Kevin M. Coles. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Response in Opposition to Motion to Compel #166 .) (Coles, Kevin) Modified on 10/4/2018 to correct document linkage. The Notice of Electronic Filing will be regenerated to all parties. (bd)
October 1, 2018 Filing 166 Response in Opposition to Motion to Compel #158 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Coles, Kevin)
September 21, 2018 Filing 165 Response to Motion to Appoint Private Investigator #119 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Walter Hardin, Joseph McCarthy, Trang Tran. (Coles, Kevin)
September 19, 2018 Filing 164 Clerk's Notice of Mailing to David Hodges a copy of Scheduling Order 163 . (peg)
September 19, 2018 Opinion or Order Filing 163 SCHEDULING ORDER by Judge Acosta - Plaintiff's Motion #158 to Compel Discovery will be taken under advisement by the court as of 10/9/18. Defendants' response to this motion is currently due on or before 10/1/18; No reply to Defendants' response will be allowed. (peg)
September 19, 2018 Opinion or Order Filing 162 ORDER by Judge Acosta - DENYING Plaintiff's Motion for Appointment of Standby Counsel #156 . (copy mailed to plaintiff) (peg)
September 18, 2018 Opinion or Order Filing 161 ORDER by Judge Acosta - GRANTING Plaintiff's Motion #155 to Withdraw his Motion #131 to Quash the Summary Judgment. (copy mailed to plaintiff) (peg)
September 17, 2018 Filing 160 Affidavit of David Hodges in Support of Motion. Filed by David Hodges. (Related document(s): Motion to compel #158 .) (kms)
September 17, 2018 Filing 159 Memorandum in Support. Filed by David Hodges. (Related document(s): Motion to compel #158 .) (Attachments: #1 Exhibits) (kms)
September 17, 2018 Filing 158 Motion to Compel Discovery. Filed by David Hodges. (kms)
September 17, 2018 Filing 157 Affidavit in Support of Motion. Filed by David Hodges. (Related document(s): Motion to Appoint Counsel #156 .) (kms)
September 17, 2018 Filing 156 Motion for Appointment of Standby Counsel. Filed by David Hodges. (kms)
September 17, 2018 Filing 155 Motion to Withdraw Motion Mooting, Quashing the Summary Judgement. Filed by David Hodges. (kms)
September 4, 2018 Opinion or Order Filing 154 SCHEDULING ORDER by Judge Acosta - (1) Defendants' Responses to Plaintiff's Motion to Appoint Private Investigator #119 Motion to Appoint A Professional Medical Witness #128 and Motion to Quash #131 are due by 9/21/18. (2) Plaintiff's Replies to Defendants' Responses will be due by 10/9/18. (3) These three motions will be taken under advisement as of 10/16/18. (4) DEFERRING ruling on the remaining issues in Defendants' Motion for Summary Judgment (ECF #65) pending the court's ruling on the above mentioned three motions. (copy mailed to plaintiff). (peg) Modified on 9/26/2018 to strike reference to Motion #128, as it was previously withdrawn by plaintiff. (peg)
September 4, 2018 Opinion or Order Filing 153 ORDER - The Court ADOPTS Magistrate Judge Acostas Findings and Recommendation #146 . Defendants Motion for Summary Judgment #65 based on the timeliness of Plaintiffs claims is DENIED. IT IS SO ORDERED. DATED this 4th day of September, 2018, by United States District Judge Marco A. Hernandez. (copy of this order mailed to plaintiff) (peg)
June 4, 2018 Partial Filing fee in amount of $10.00 collected; Receipt No. 78352 issued. (msk)
June 1, 2018 Filing 152 Response to Objections to Findings & Recommendation. Related document(s): #148 Objections to Findings & Recommendation. Filed by David Hodges. (joha)
May 31, 2018 Filing 151 Notice of Association of Attorney James M. Daigle Filed by Joseph McCarthy, Corizon Health, Inc., Walter Hardin, Trang Tran, Andrew Grasley, Cheryl Calcagno. (Daigle, James) Corrected Docket Text on 5/31/2018 (joha).
May 30, 2018 Opinion or Order Filing 150 ORDER: Granting Motion for Extension of Time to File a Response to Objection to F & R #149 . Responses to any objections to the Findings and Recommendation are due by 6/29/2018. Motion is taken under advisement as of 6/30/2018. Ordered by Judge Marco A. Hernandez. (Copy mailed to Plaintiff). (jp)
May 23, 2018 Filing 149 Motion for Extension of Time to File a Response to Objections to Findings & Recommendation. Filed by David Hodges. (joha)
May 14, 2018 Filing 148 Objections to Findings & Recommendation: Motion for Summary Judgment #65 #146 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Daigle, James)
April 25, 2018 Opinion or Order Filing 147 ORDER by Judge Acosta - REFERRING Findings & Recommendation #146 regarding Motion for Summary Judgment #65 to the Honorable Marco A. Hernandez for review and final determination. SCHEDULING ORDER: The Findings and Recommendation has been referred to a district judge for review. Objections, if any, are due May 14, 2018. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (copy mailed to plaintiff) (peg)
April 25, 2018 Filing 146 FINDINGS and RECOMMENDATION - Defendants' motion #65 for summary judgment based on the timeliness of Hodges's claims should be DENIED. DATED this 25th day of April, 2018, by United States Magistrate Judge John V. Acosta. (copy of this document mailed to plaintiff) (peg)
February 20, 2018 Opinion or Order Filing 145 AMENDED SCHEDULING ORDER by Judge Acosta - In accord with defendants' Notice (#102) and plaintiff's Notice (#144), no oral argument will be held on defendants' motion for summary judgment #65 . Accordingly, the under advisement date on this motion is RESET from 3/12/18 to the earlier date of 1/12/18. (copy mailed to plaintiff) (peg)
February 16, 2018 Filing 144 Notice Filed by David Hodges. (dsg)
January 25, 2018 Opinion or Order Filing 143 SCHEDULING ORDER by Judge Acosta - Defendants' Motion for Summary Judgment #65 under advisement date is RESET from 1/12/18 to 3/12/18; the request for oral argument will be considered in due course. (copy of this order mailed to plaintiff).(peg)
January 16, 2018 Opinion or Order Filing 142 ORDER by Judge Acosta - GRANTING plaintiff's motion #136 to allow for the filing of a sur-response. That document has already been filed as (ECF No. 139). No further filings regarding defendants' motion for summary judgment (ECF No 65) will be allowed. Defendants' motion for summary judgment {ECF No 65) will now be taken under advisement as of the filing date of plaintiff's sur-response, which was 1/12/18. (copy of this order mailed to plaintiff) (peg)
January 12, 2018 Filing 141 Clerk's Notice of Mailing to David Hodges a copy of Order to Withdraw 140 Motion to Appoint (#128). (peg)
January 12, 2018 Opinion or Order Filing 140 ORDER by Judge Acosta - GRANTING plaintiff's motion #137 to withdraw his motion #128 for appointment and funds for an expert witness. (peg)
January 12, 2018 Filing 139 Sur-Response to Defendant's Reply to Summary Judgment. Filed by David Hodges. (Related document(s): Reply #135 .) (joha)
January 12, 2018 Filing 138 Declaration of David J. Hodges. Filed by David Hodges. (Related document(s): Motion #136 and Motion #137 .) (joha)
January 12, 2018 Filing 137 Motion to Withdraw Motion for Appointment and Funds for an Expert Witness #128 . Filed by David Hodges. (joha)
January 12, 2018 Filing 136 Motion for Extension of Time of 30 Days to Respond to Defendant's Response. Filed by David Hodges. (joha)
December 22, 2017 Filing 135 Reply in Support of Corizon Defendants' to Motion for Summary Judgment #65 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Walter Hardin, Joseph McCarthy, Trang Tran. (Daigle, James)
December 1, 2017 Filing 134 Response to Motion for Summary Judgment (#65 ). Filed by David Hodges. (eo)
August 25, 2017 Opinion or Order Filing 133 ORDER by Judge Acosta - DENYING as MOOT Plaintiff's motion #130 for extension of time, stay case or hold in abeyance and to file response to defendant's motion for summary judgment, in light of the court's order (#126), dated 8/4/17. (copy mailed to plaintiff) (peg)
August 18, 2017 Opinion or Order Filing 132 ORDER by Judge Acosta - per the court's earlier ruling, ORDER (#126) dated 8/4/17, ruling is DEFERRED on plaintiff's latest filing, a motion quashing the summary judgment of defendants #131 . Accordingly, no further briefing on this motion is required until further order of the court. (copy of this order mailed to plaintiff). (peg)
August 14, 2017 Filing 131 Motion to Quash. Filed by David Hodges. (dsg)
August 14, 2017 Filing 130 Motion for Extension of Time. Filed by David Hodges. (dsg)
August 11, 2017 Opinion or Order Filing 129 ORDER by Judge Acosta - per the court's earlier ruling, ORDER (#126) dated 8/4/17, ruling is DEFERRED on plaintiff's latest filing, a motion for appointment of a professional medical witness #128 . Accordingly, no further briefing on this motion is required until further order of the court. (copy of this order mailed to plaintiff). (peg)
August 9, 2017 Filing 128 Motion to Appoint a Professional Medical Witness. Filed by David Hodges. (joha) Modified on 9/4/2018 to unterm moion (peg).
August 7, 2017 Filing 127 Clerk's Notice of Mailing to David Hodges regarding Order #126 . (peg)
August 4, 2017 Opinion or Order Filing 126 ORDER - IT IS ORDERED that plaintiffs motion for continuance #122 is GRANTED IN PART. Plaintiffs response to the statute of limitations argument raised in defendants motion for summary judgment #65 is due 12/8/17. Defendants reply is now due 12/22/17, and defendants motion for summary judgment #65 based on the statute of limitations is set under advisement on 12/29/17. Plaintiffs motion for appointment of a private investigator #119 and any other pending motions for appointment of pro bono counsel or an expert witness, as well as the remaining three arguments in defendants motion for summary judgment, are DEFERRED. DATED this 4th day of August, 2017, by United States Magistrate Judge John V. Acosta. (peg)
August 4, 2017 Filing 125 Response to Motion to Continue #122 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Daigle, James)
August 2, 2017 Opinion or Order Filing 124 SCHEDULING ORDER by Judge Acosta as to plaintiff's motion for continuance #122 - Defendants' response is due by NOON on Friday, 8/4/17; No reply by plaintiff is to be filed, and the motion will now be taken under advisement on 8/4/17. (copy mailed to plaintiff) (peg)
August 1, 2017 Opinion or Order Filing 123 SCHEDULING ORDER by Judge Acosta - Plaintiff's motion #122 for continuance and to reopen discovery will be taken under advisement as of 9/6/17. Defendants response to this motion is due by 8/14/17. (copy of this order mailed to plaintiff) (peg)
July 31, 2017 Filing 122 Motion for Continuance. Filed by David Hodges. (Attachments: #1 Exhibits) (dsg)
July 21, 2017 Filing 121 Amended Reply to Motion for Reconsideration #106 . Filed by David Hodges. (Attachments: #1 Exhibits) (dsg)
July 10, 2017 Opinion or Order Filing 120 SCHEDULING ORDER by Judge Acosta - Plaintiff's Motion to Appoint Private Investigator #119 will be taken under advisement as of 8/7/2017. (copy of this order mailed to plaintiff) (peg)
July 5, 2017 Filing 119 Motion to Appoint Private Investigator. Filed by David Hodges. (dsg)
June 30, 2017 Opinion or Order Filing 118 SCHEDULING ORDER by Judge Acosta - Plaintiff has submitted a document that the court has filed as a "Notice" #117 requesting the court to substitute pages/add pages, etc. to documents already filed with the court. The court cannot add to or substitute pages in documents as requested. Plaintiff is to refile any documents he wants corrected by filing an entirely new or complete document entitling such documents as "Amended... " or "Corrected... ". If plaintiff does wish to so amend or correct his previously filed documents the are to filed with the court no later than 7/17/17. (copy mailed to plaintiff). (peg)
June 28, 2017 Filing 116 Clerk's Notice of Mailing to David Hodges regarding Order on motion for reconsideration, 115 . (peg)
June 28, 2017 Opinion or Order Filing 115 ORDER by Judge Acosta - Having considered plaintiff's motion requesting the court to reconsider its 5/2/17 order denying appointment of counsel, the court reaffirms its earlier decision. Therefore, plaintiff's motion #106 for reconsideration is DENIED. (peg)
June 27, 2017 Filing 117 Notice of Correction to Exhibit Sheet, Table of Contents re Reply to Motion #113 Filed by David Hodges (Related document(s): Reply to Motion #113 .) (kms)
June 23, 2017 Filing 114 Supplemental Exhibit Sheet to Reply to Motion. Filed by David Hodges. (Related document(s): Reply to Motion #113 .) (kms)
June 22, 2017 Filing 113 Reply to Motion for Reconsideration #106 . Filed by David Hodges. (Attachments: #1 Exhibits) (kms)
June 9, 2017 Filing 112 Request for an Updated Docket Sheet. Filed by David Hodges. (docket sheet mailed to plaintiff) (kms)
June 6, 2017 Opinion or Order Filing 111 ORDER by Judge Acosta - GRANTING IN PART plaintiff's motion #108 for extension of time to file his response to defendants' motion for summary judgment. Plaintiff may have up to and including 8/10/17 to file his response to defendants' motion for summary judgment. The motion for summary judgment (#65) will be taken under advisement as of 8/31/17. FURTHER ORDERED that no additional extension of plaintiff's response deadline will be granted without showing good cause, including that plaintiff is proceeding pro se without an attorney representing him. (copy mailed to plaintiff) (peg)
June 5, 2017 Filing 110 Declaration of James M. Daigle . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Response to Motion #109 .) (Daigle, James)
June 5, 2017 Filing 109 Response to Motion for Reconsideration #106 . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Daigle, James)
June 1, 2017 Filing 108 Motion for Extension of Time. Filed by David Hodges. (Attachments: #1 Attachment) (kms)
May 25, 2017 Opinion or Order Filing 107 SCHEDULING ORDER by Judge Acosta regarding plaintiff's motion #106 for reconsideration of the Court's 5/2/17 order (#101) denying further appointment of counsel - (1) Defendants' response is due by 6/5/17; (2) Plaintiff's reply to defendants' response to motion #106 is due by 6/19/17; (3) Motion for reconsideration #106 will be taken under advisement as of 6/21/17. (copy of this order mailed to plaintiff) (peg)
May 22, 2017 Filing 106 Reconsideration Motion in Response to Courts Order of May 2nd, 2017 Requesting Appointment of Probono Counsel. Filed by David Hodges. (Attachments: #1 Exhibit Sheet, #2 Exhibits) (kms)
May 2, 2017 Opinion or Order Filing 105 Summary Judgment Advice Notice and Scheduling Order regarding Motion for Summary Judgment, #65 . Response is due by 6/5/2017. Ordered by Magistrate Judge John V. Acosta. (copy mailed to plaintiff) (peg)
May 2, 2017 Opinion or Order Filing 104 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Summary Judgment or 12(b) Dismissal Advice Notice, 103 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: STRIKE entry 103 as no document was attached. (peg) Modified on 5/2/2017 to add text of striking entry 103 (peg).
May 2, 2017 Opinion or Order Filing 103 STRIKING per Entry (#104) Summary Judgment Advice Notice and Scheduling Order regarding Motion for Summary Judgment, #65 . Response is due by 6/5/2017. Ordered by Magistrate Judge John V. Acosta. Modified on 5/2/2017 no document attached. (peg)
May 2, 2017 Filing 102 Notice re Motion for Summary Judgment, #65 Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran (Related document(s): Motion for Summary Judgment, #65 .) (Daigle, James)
May 2, 2017 Opinion or Order Filing 101 ORDER by Judge Acosta - GRANTING in Part and DENYING in Part Plaintiff's Motion #100 as follows: (1) The motion is GRANTED as to allowing plaintiff more time to respond to defendants' motion (#65) for summary judgment up to and including 6/5/17; (2) DENYING plaintiff's request for further appointment of counsel; (3) The clerk is ordered to mail a copy of the court docket for this case to plaintiff. (copy of this order and copy of the docket sheet mailed to plaintiff this date) (peg)
May 1, 2017 Filing 100 Motion for Extension of Time and Appointment of Counsel. (copy of docket sheet mailed to plaintiff) Filed by David Hodges. (kms)
April 3, 2017 Filing 99 Clerk's Notice of Mailing to David Hodges regarding Order on motion to withdraw/substitute attorney 98 . (kms)
April 3, 2017 Opinion or Order Filing 98 ORDER: by Judge Acosta-Granting the Unopposed Motion to Withdraw or Substitute an Attorney #96 . (kms)
April 3, 2017 Filing 97 Declaration of John David Burgess . Filed by David Hodges. (Related document(s): Motion to Withdraw/Substitute Attorney #96 .) (Burgess, John)
April 3, 2017 Filing 96 Motion to Withdraw or Substitute an Attorney . Filed by David Hodges. (Burgess, John)
March 15, 2017 Opinion or Order Filing 95 ORDER: by Judge Acosta- GRANTING the Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment #65 filed by Corizon Health, Inc., Trang Tran, Cheryl Calcagno, Andrew Grasley. The Response is due by 4/17/2017. The Motion for Summary Judgment will now be taken under advisement as of 7/3/2017, the request for oral argument will be considered in due course. (kms)
March 15, 2017 Filing 94 Declaration of John David Burgess . Filed by David Hodges. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #93 .) (Burgess, John)
March 15, 2017 Filing 93 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #65 . Filed by David Hodges. (Burgess, John)
February 17, 2017 Filing 92 Pro Bono Appointment Response. Representation is accepted as specified in the Order Appointing Pro Bono Counsel. Filed by David Hodges. (Related document(s): Order Appointing Pro Bono Counsel, #84 .) (Burgess, John)
February 8, 2017 Filing 91 Notice of Attorney Withdrawal: Adam Heder Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran (Daigle, James)
February 3, 2017 Filing 90 Clerk's Notice of Mailing to David Hodges regarding Orders 89 , 85 . (peg) Modified on 2/3/2017 deleted "under seal "(peg).
February 3, 2017 Opinion or Order Filing 89 ORDER by Judge Acosta - DENYING as MOOT plaintiff's motion to dismiss counsel Lynn Walsh 87 and Motion to have Order of Dismissal Set Aside 86 in light of the fact that Order/Scheduling Order 85 has reopened this case, Ms. Walsh has been granted leave to withdraw her representation of Mr. Hodges and new pro bono counsel has been appointed to represent Mr. Hodges. The court is awaiting counsel's response as to whether he will accept the pro bono appointment. (peg) Security Level Modified on 2/3/2017 (peg).
February 2, 2017 Opinion or Order Filing 85 SCHEDULING ORDER by Judge Acosta - (1) Mr. Daigle has informed the court that this matter may proceed and that he will not request that the Court enforce the settlement agreement that he believed existed. (2) Accordingly, the 60 day Order of Dismissal (#71) is SET ASIDE and this case is REOPENED. (3) Briefing will go forward on defendants' Motion for Summary Judgment #65 . Plaintiff's response to the motion for summary judgment will be due no later than 3/17/17; Defendants reply to Plaintiff's response will be due no later than 4/4/17; The motion for summary judgment #65 will be taken under advisement as of 6/2/17; the request for oral argument will be considered in due course. (peg)
January 31, 2017 Opinion or Order Filing 84 Order Appointing John D. Burgess for David Hodges as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 2/17/2017. Signed on 1/31/17 by Magistrate Judge John V. Acosta. (copy of this order mailed to plaintiff) (peg)
January 30, 2017 Opinion or Order Filing 83 MINUTES of Proceedings: Status Conference and Hearing on Counsel for Plaintiff's Motion #77 to Withdraw Representation. ORDER: (1) Ms. Walsh's Motion to Withdraw is GRANTED; (2) Plaintiff's Motion #80 to Dismiss his Attorney is DENIED as MOOT and his Request to Appoint Counsel is GRANTED. (3) FURTHER ORDERED that Mr. Daigle is to contact courtroom deputy, Paul Gale, no later than close of business day on Friday, February 3, 2017, to inform the Court whether he will ask the Court to enforce the settlement agreement he believes exists or whether the case will move forward. Plaintiff will be appointed new counsel. Lynn Walsh present as counsel for plaintiff. Stephen Madkour, James Daigle present as counsel for defendant(s).(Court Reporter Jill Jessup.)(plaintiff sent a copy of this proceeding by mail)Magistrate Judge John V. Acosta presiding. (peg)
January 24, 2017 Opinion or Order Filing 79 SCHEDULING ORDER by Judge Acosta as to MS. Walsh's unopposed motion #77 to withdraw as counsel of record for plaintiff - SETTING this motion for hearing during the 1/30/17 Status Conference, which will begin at 1:30PM before Judge Acosta in Courtroom 11B. (peg)
January 23, 2017 Filing 78 Declaration of Lynn S. Walsh . Filed by David Hodges. (Related document(s): Motion to Withdraw/Substitute Attorney #77 .) (Walsh, Lynn)
January 23, 2017 Filing 77 Unopposed Motion to Withdraw or Substitute an Attorney . Filed by David Hodges. (Walsh, Lynn)
January 23, 2017 Opinion or Order Filing 76 SCHEDULING ORDER by Judge Acosta - SETTING an in-person Status Conference for all counsel of record for Monday, January 30, 2017, at 1:30PM, in Courtroom 11B, before Magistrate Judge John V. Acosta. The conference is to discuss the posture of the parties' settlement. The court hereby informs the parties that it received from Mr. Hodges "communication" regarding the attorney-client relationship between himself and Ms. Walsh. Also, the court hereby informs defense counsel that it has forwarded a copy of those documents to Ms. Walsh only. (peg)
January 20, 2017 Filing 75 Clerk's Notice of Disbursement to Lynn S. Walsh, in the amount of $2,589.69. Check number 2767, dated 01/19/2017 (Related Document: Order on Motion for Reimbursement of Out-of-Pocket Expenses (Pro Bono) #74 ). (dswv)
January 13, 2017 Filing 82 (DOCUMENT FILED UNDER SEAL), Memorandum in Support of Motion #80 Filed by David Hodges. (kms)
January 13, 2017 Filing 81 (DOCUMENT FILED UNDER SEAL). Affidavit of David Hodges in Support of Motion #80 Filed by David Hodges. (Attachments: #1 Exhibit A) (kms)
January 13, 2017 Filing 80 (DOCUMENT FILED UNDER SEAL), Motion to Dismiss Attorney and to Appoint Suitable Counsel. Filed by David Hodges. (kms)
January 10, 2017 Opinion or Order Filing 74 ORDER OF DISBURSEMENT - Out-of-Pocket Expenses to be Reimbursed in the Amount of: 2,589.69 to Plaintiff's pro bono counsel Lynn S. Walsh, 209 SW Oak St., #400, Portland, Oregon 97204. IT IS SO ORDERED. Signed on 1/10/17 by Magistrate Judge John V. Acosta. (peg)
January 10, 2017 Opinion or Order Filing 73 ORDER by Judge Acosta - GRANTING Pro Bono Counsel for Plaintiff's Motion #72 for Reimbursement of Out-of-Pocket Expenses in the amount of $2,589.69. Ordered by Magistrate Judge John V. Acosta this 10th day of January, 2017. (peg)
January 6, 2017 Filing 72 Motion for Reimbursement of Out of Pocket Expenses (Pro Bono) . Filed by David Hodges. (Walsh, Lynn) Modified on 1/10/2017 to allow for order to term the motion. (peg)
December 5, 2016 Filing 71 SET ASIDE by Order of the Court (#85) 60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Mary L. Moran. (peg) Modified on 2/2/2017 to reopen case and set aside order of dismisal. (peg)
October 26, 2016 Opinion or Order Filing 70 SCHEDULING ORDER by Judge Acosta - GRANTING Plaintiff's unopposed motion #69 to extend time to respond to Defendants' motion for summary judgment as follows: (1) Plaintiff's response will now be due on 12/5/16; (2) Defendants' motion for summary judgment #65 will now be taken under advisement as of 2/21/17; the request for oral argument will be considered in due course. (peg)
October 25, 2016 Filing 69 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #65 . Filed by David Hodges. (Walsh, Lynn)
October 4, 2016 Opinion or Order Filing 68 SCHEDULING ORDER by Judge Acosta - Defendants' Motion #65 for Summary Judgment will be taken under advisement as of 1/13/17; the request for oral argument will be considered in due course. (peg)
October 3, 2016 Filing 67 Declaration of Adam S. Heder . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Motion for Summary Judgment #65 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Heder, Adam) Modified docket text for clarity of the record on 10/3/2016 (ljb).
October 3, 2016 Filing 66 Declaration of Douglas Dawley, M.D. . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Related document(s): Motion for Summary Judgment #65 .) (Attachments: #1 Exhibit Exhibit 1) (Heder, Adam)
October 3, 2016 Filing 65 Motion for Summary Judgment . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Trang Tran. (Heder, Adam) Modified on 2/2/2017 to unterm document. (peg) Modified on 9/4/2018 to unterm motion. portions remain pending. (peg)
September 30, 2016 Opinion or Order Filing 64 Order by Judge Acosta - Based on the parties Stipulated Notice of Dismissal pursuant to FRCP 41(a), the following parties are DISMISSED from this matter: Joseph McCarthy (MD), Clackamas County and Walter Hardin (DO). (peg)
September 21, 2016 Filing 63 Stipulated Notice of Dismissal of Party Hardin, McCarthy and Clackamas Co. Filed by David Hodges (Walsh, Lynn)
August 12, 2016 Opinion or Order Filing 62 ORDER by Judge Acosta - GRANTING plaintiff's unopposed motion #60 to extend time as follows: (1) Expert disclosures are to be completed within 30 days of the court's ruling on any dispositive motions; (2) Expert discovery will close 30 days following expert disclosures. (peg)
August 11, 2016 Filing 61 Declaration of Lynn S. Walsh . Filed by David Hodges. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #60 .) (Walsh, Lynn)
August 11, 2016 Filing 60 Unopposed Motion for Extension of Discovery & PTO Deadlines re Expert Disclosure and Discovery. Filed by David Hodges. (Walsh, Lynn)
August 3, 2016 Filing 59 Joint ADR Report . Filed by David Hodges.(Walsh, Lynn)
May 16, 2016 Opinion or Order Filing 58 ORDER by Judge Acosta - GRANTING as modified by the Court Corizon Defendants' unopposed motion #56 to extend case management deadlines: (1) Fact discovery to be completed and a joint ADR report filed by 8/1/16; (2) Expert witness disclosures due by 8/30/16; (3) Expert discovery to be completed by 9/30/16; (4) Dispositive motions to be filed no later than 10/3/16; (5) DEFERRING the filing of a pretrial order at this time. Parties are to NOTE that NO FURTHER extensions of time will be granted without the parties first requesting and the Court granting a status/scheduling conference prior to the expiration of the current deadlines. (peg)
May 13, 2016 Filing 57 Declaration of Adam S. Heder . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Walter Hardin, Joseph McCarthy, Trang Tran. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #56 .) (Heder, Adam)
May 13, 2016 Filing 56 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Cheryl Calcagno, Corizon Health, Inc., Andrew Grasley, Walter Hardin, Joseph McCarthy, Trang Tran. (Heder, Adam)
May 5, 2016 Opinion or Order Filing 55 ORDER by Judge Acosta - GRANTING Clackamas County's unopposed motion #53 for leave to conduct deposition of Plaintiff who is confined in prison. (peg)
May 4, 2016 Filing 54 Declaration of Scott Ciecko in support of motion for leave. Filed by Clackamas County. (Related document(s): Motion for Leave #53 .) (Ciecko, Scott)
May 4, 2016 Filing 53 Motion for Leave to conduct deposition of plaintiff who is confined in prison. Filed by Clackamas County. (Ciecko, Scott)
March 4, 2016 Opinion or Order Filing 52 ORDER by Judge Acosta - GRANTING plaintiff's unopposed motion #50 as follows: (1) Fact Discovery is to be completed by 6/1/16. (2) Expert witness disclosures by 7/1/16. (3) Expert Discovery to be completed by 8/1/16. (4) Dispositive Motions are due by 8/3/16. (5) Joint ADR Report due within 30 days of the court's ruling on dispositive motions. (6) Continuing the DEFERRAL of the filing of a Joint Pretrial Order. (peg)
March 4, 2016 Filing 51 Declaration of Lynn S. Walsh . Filed by David Hodges. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #50 .) (Walsh, Lynn)
March 4, 2016 Filing 50 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by David Hodges. (Walsh, Lynn)
February 12, 2016 Filing 49 STIPULATED PROTECTIVE ORDER - (GRANTING the parties' stipulated motion for protective order #48 ). IT IS SO ORDERED this 12th day of February, 2016, by United States Magistrate Judge John V. Acosta. (peg)
February 10, 2016 Filing 48 Stipulated Motion for Protective Order . Filed by David Hodges. (Walsh, Lynn)
January 20, 2016 Filing 47 Notice of Appearance of Stephen Lewis Madkour appearing on behalf of Clackamas County Filed by on behalf of Clackamas County (Madkour, Stephen)
October 27, 2015 Filing 46 MINUTES of Proceedings: Telephone Rule 16 Conference held by Judge Acosta. ORDER SETTING the following case management schedule: (1) Parties to amend pleadings, add parties and claims by 2/1/16. (2) Fact discovery is to be completed and a joint ADR report filed by 4/1/16. (3) Expert reports exchanged amongst the parties by 5/3/16. (4) Expert discovery closes 5/31/16. (5) Dispositive motions are due by 6/3/16. (6) DEFERRING the filing of a joint pretrial order. (7) Parties are to notify courtroom deputy, Paul Gale, within 10 days of todays hearing regarding consent to jurisdiction in this matter by their client(s). If a party does consent, counsel is to promptly hand deliver or mail the original signed consent form to the clerks office for processing - it may not be e-filed. Lynn Walsh present as counsel for plaintiff. Christina Thacker appearing for Scott Ciecko for defendant Clackamas County. Adam Heder, James Daigle present as counsel for defendants Corizon, et al. Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg)
October 5, 2015 Opinion or Order Filing 45 SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Rule 16 Conference for Tuesday, October 27, 2015 at 10:30AM. The Court will provide the parties with the conference line telephone information by separate e-mail at least 24 hours prior to the hearing. (peg)
September 29, 2015 Filing 44 Answer to #35 Amended Complaint with Jury Demand . Filed by Joseph McCarthy, Corizon Health, Inc., Walter Hardin, Trang Tran, Andrew Grasley, Cheryl Calcagno. (Daigle, James)
August 10, 2015 Filing 43 Waiver of Service of Summons Returned Executed by Walter Hardin waiver sent on 8/4/2015. Filed by David Hodges. (Walsh, Lynn)
August 10, 2015 Filing 42 Waiver of Service of Summons Returned Executed by Trang Tran waiver sent on 8/4/2015. Filed by David Hodges. (Walsh, Lynn)
August 10, 2015 Filing 41 Waiver of Service of Summons Returned Executed by Joseph McCarthy waiver sent on 8/5/2015. Filed by David Hodges. (Walsh, Lynn)
August 10, 2015 Filing 40 Waiver of Service of Summons Returned Executed by Corizon Health, Inc. waiver sent on 8/4/2015. Filed by David Hodges. (Walsh, Lynn)
August 10, 2015 Filing 39 Waiver of Service of Summons Returned Executed by Cheryl Calcagno waiver sent on 8/5/2015. Filed by David Hodges. (Walsh, Lynn)
August 10, 2015 Filing 38 Waiver of Service of Summons Returned Executed by Andrew Grasley waiver sent on 8/4/2015. Filed by David Hodges. (Walsh, Lynn)
August 5, 2015 Filing 37 Answer to #35 Amended Complaint with Jury Demand . Filed by Clackamas County. (Ciecko, Scott)
July 23, 2015 Opinion or Order Filing 36 ORDER: Plaintiff having filed a First Amended Complaint, IT IS ORDERED that Defendant Clackamas County's Motion to Dismiss #26 is DENIED as moot. The denial is without prejudice to Defendant Clackamas County's right to file a new motion to dismiss against Plaintiff's First Amended Complaint. Ordered by Magistrate Judge John V. Acosta. (ps1)
July 22, 2015 Filing 35 First Amended Complaint . Filed by David Hodges against Clackamas County, Corizon, Nurse Tran, Joseph McCarthy, Andrew Grasley, Walter Hardin, Cheryl Calcagno. (Walsh, Lynn)
July 21, 2015 Opinion or Order Filing 34 ORDER: Granting Plaintiff's Motion for Extension of Time #32 . Amended Complaint is due 7/22/2015. Ordered by Magistrate Judge John V. Acosta. (ps1)
July 21, 2015 Filing 33 Declaration of Lynn S. Walsh . Filed by David Hodges. (Related document(s): Motion for Extension of Time #32 .) (Walsh, Lynn)
July 21, 2015 Filing 32 Motion for Extension of Time to File Amended Complaint. Filed by David Hodges. (Walsh, Lynn)
June 25, 2015 Partial Filing Fee in amount of $60.00 collected; Receipt No. 62798 issued. (ljc)
May 26, 2015 Opinion or Order Filing 31 ORDER: Granting Plaintiff's Unopposed Motion for Extension of Time #29 . Amended Complaint is due 7/21/2015. Ordered by Magistrate Judge John V. Acosta. (ps1)
May 22, 2015 Filing 30 Declaration of Lynn S. Walsh . Filed by David Hodges. (Related document(s): Motion for Extension of Time #29 .) (Walsh, Lynn)
May 22, 2015 Filing 29 Unopposed Motion for Extension of Time to Amend Complaint. Filed by David Hodges. (Walsh, Lynn)
May 21, 2015 Filing 28 Proposed Summons (Attachments: #1 Proposed Summons) Filed by David Hodges. (Walsh, Lynn)
May 20, 2015 Filing 27 Pro Bono Appointment Response. Representation is accepted as specified in the Order Appointing Pro Bono Counsel. Filed by David Hodges. (Related document(s): Order Appointing Pro Bono Counsel, #24 .) (Walsh, Lynn)
May 11, 2015 Filing 26 Motion to Dismiss for Failure to State a Claim . Filed by Craig Roberts, Clackamas County. (Ciecko, Scott)
May 8, 2015 Filing 25 Clerk's Notice of Mailing to David Hodges regarding Order Appointing Pro Bono Counsel, #24 . (peg)
May 8, 2015 Opinion or Order Filing 24 Order Appointing Lynn S. Walsh for David Hodges as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 5/26/2015. Signed on 5/8/15 by Magistrate Judge John V. Acosta. (peg)
May 8, 2015 Filing 23 Clerk's Notice of Mailing to David Hodges regarding Order Terminating Pro Bono Counsel #22 . (peg)
May 8, 2015 Opinion or Order Filing 22 Order Terminating Rachel Naomi Marshall as Pro Bono Counsel. Signed on 5/8/15 by Magistrate Judge John V. Acosta. (peg)
May 7, 2015 Filing 21 Pro Bono Appointment Response. Termination of the appointment is requested because I do not practice in the area of medical malpratice or personal injury. Filed by David Hodges. (Related document(s): Order Appointing Pro Bono Counsel, #20 .) (Marshall, Rachel)
May 1, 2015 Opinion or Order Filing 20 Order Appointing Rachel Naomi Marshall for David Hodges as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 5/18/2015. Signed on 5/1/15 by Magistrate Judge John V. Acosta. (peg)
May 1, 2015 Filing 19 Clerk's Notice of Mailing to David Hodges a copy of Order Terminating Pro Bono Counsel Brent H. Smith #18 . (peg)
May 1, 2015 Opinion or Order Filing 18 Order Terminating Brent H. Smith as Pro Bono Counsel. Signed on 5/1/15 by Magistrate Judge John V. Acosta. (peg)
April 30, 2015 Filing 17 Pro Bono Appointment Response. Termination of the appointment is requested because my caseload and schedule do not allow me to take on additional matters at this time.. Filed by David Hodges. (Related document(s): Order Appointing Pro Bono Counsel, #13 .) (Smith, Brent)
April 24, 2015 Filing 16 Clerk's Notice of Mailing to Brent H. Smith (attorney of record) regarding Order to Issue Process #15 . (dsg)
April 23, 2015 Opinion or Order Filing 15 ORDER TO ISSUE PROCESS: Clerk of the Court is DIRECTED to forward to plaintiff with this order three summons(es) and U.S. Marshal Instruction forms. Plaintiff shall complete the summons(es) and instruction forms for each of the above named defendants and return them to the Clerk of the Court. An original plus two copies of a summons must be returned for each named defendant. Upon receipt of the completed summons(es) and instruction form(s) by the court, IT IS ORDERED that the Clerk shall issue process as to defendants Corizon, Dr. Greysly, and Sharon Doe. Service of the summons and complaint shail be made by the United States Marshal's Service. Signed on 4/23/15 by Magistrate Judge John V. Acosta. (dsg)
April 21, 2015 Filing 14 Clerk's Notice of Mailing to David Hodges regarding Order Appointing Pro Bono Counsel, #13 , Order Terminating Pro Bono Counsel #12 . (peg)
April 21, 2015 Opinion or Order Filing 13 Order Appointing Brent H. Smith for David Hodges as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 5/8/2015. Signed on 4/21/15 by Magistrate Judge John V. Acosta. (peg)
April 20, 2015 Opinion or Order Filing 12 Order Terminating David J. Linthorst as Pro Bono Counsel. Signed on 4/20/15 by Magistrate Judge John V. Acosta. (peg)
April 20, 2015 Filing 11 Waiver of Service of Summons Returned Executed by Craig Roberts waiver sent on 4/20/2015; Clackamas County waiver sent on 4/20/2015. Filed by Craig Roberts; Clackamas County. (Ciecko, Scott)
April 17, 2015 Filing 10 Pro Bono Appointment Response. Termination of the appointment is requested because I am unable to accept this appointment.. Filed by David Hodges. (Related document(s): Order Appointing Pro Bono Counsel, #5 .) (Linthorst, David)
April 7, 2015 Filing 7 Clerk's Notice of Mailing to David Linthorst regarding copy of complaint and order appointing pro bono counsel #5 . (peg)
April 7, 2015 Filing 6 Clerk's Notice of Mailing to David Hodges regarding Order Appointing Pro Bono Counsel #5 . (peg)
April 7, 2015 Opinion or Order Filing 5 Order Appointing David J. Linthorst for David Hodges as Pro Bono Counsel (All Purpose Appointment). Counsel is to file the attached response form if representation is accepted, if a conflict of interest exists, or if termination of the appointment is requested for a reason other than a conflict of interest by 4/24/2015. Signed on 4/7/15 by Magistrate Judge John V. Acosta. (peg)
April 6, 2015 Filing 9 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service is due by 5/11/2015. (Mailed notice and complaint to Stephen Madkour) (dsg)
April 6, 2015 Opinion or Order Filing 8 ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT INMATE FILING FEE: Plaintiff's application to proceed in forma pauper is #1 is GRANTED. IT IS ORDERED that the Oregon Department of Corrections shall collect payments from Plaintiff's prison trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action. Signed on 4/6/15 by Magistrate Judge John V. Acosta. (Mailed copy of order to plaintiff and ODOC) (dsg)
March 30, 2015 Filing 4 Notice of Case Assignment: This case is assigned to Magistrate Judge John V. Acosta. (Mailed copy to plaintiff) (dsg)
March 30, 2015 Filing 3 Motion for Appointment of Counsel. Filed by David Hodges. (dsg)
March 30, 2015 Filing 2 Complaint. Jury Trial Requested: Yes. In forma pauperis pending Filed by David Hodges against Clackamas County, Corizon, Sharon Doe, Jane Does 1-4, John Does 1-4, Greysly, Craig Roberts, Nurse Tran (Attachments: #1 Proposed Summons). (dsg)
March 30, 2015 Filing 1 Application for Leave to Proceed IFP. Filed by David Hodges. (dsg)

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Search for this case: Hodges v. Corizon Health, Inc., et al
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Defendant: Clackamas County
Represented By: Scott C. Ciecko
Represented By: Stephen Lewis Madkour
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Defendant: Corizon Health, Inc.
Represented By: John Spencer Stewart
Represented By: Kevin M. Coles
Represented By: Adam S. Heder
Represented By: James M. Daigle
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Defendant: Trang Tran
Represented By: John Spencer Stewart
Represented By: Kevin M. Coles
Represented By: Adam S. Heder
Represented By: James M. Daigle
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Defendant: Joseph McCarthy
Represented By: Adam S. Heder
Represented By: James M. Daigle
Represented By: Kevin M. Coles
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Defendant: Andrew Grasley
Represented By: John Spencer Stewart
Represented By: Kevin M. Coles
Represented By: Adam S. Heder
Represented By: James M. Daigle
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Defendant: Walter Hardin
Represented By: Adam S. Heder
Represented By: James M. Daigle
Represented By: Kevin M. Coles
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Defendant: Cheryl Calcagno
Represented By: John Spencer Stewart
Represented By: Kevin M. Coles
Represented By: Adam S. Heder
Represented By: James M. Daigle
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Plaintiff: Hodges
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Plaintiff: David Hodges
Represented By: Brent H Smith
Represented By: David J. Linthorst
Represented By: John D. Burgess
Represented By: Lynn S. Walsh
Represented By: Rachel Naomi Marshall
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