Dorsey v. Pennsylvania Department of Corrections (DOC) et al
| Dorsey and Tara Dorsey |
| Pennsylvania Department of Corrections (DOC), John Wetzel, Paul Noel, Christopher H. Oppman, Superintendent Robert Smith, Superintendent Joyce Wilkes, Gregory Famiglio, Director Przybrowski, Corizon Health, Inc., Wexford Health Services, Inc., John and Jane Doe's 1 to 5 and Doe Corporation |
| 1:2016cv00588 |
| April 8, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Lycoming |
| Martin C Carlson |
| Sylvia H Rambo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 61 MANDATE of USCA as to #57 Notice of Appeal,, filed by Tara Dorsey, #58 Amended Notice of Appeal (FRAP 4(a)4 Amendment, filed by Tara Dorsey (Attachments: #1 Opinion)(Bowers, Marianne) |
| Filing 60 JUDGMENT of USCA (certified copy) as to #57 Notice of Appeal,, filed by Tara Dorsey, #58 Amended Notice of Appeal (FRAP 4(a)4 Amendment, filed by Tara Dorsey. Mandate to follow. (Bowers, Marianne) |
| Filing 59 USCA Case Number 17-1246 for #57 Notice of Appeal,, filed by Tara Dorsey, #58 Amended Notice of Appeal (FRAP 4(a)4 Amendment, filed by Tara Dorsey. USCA Case Manager Marianne (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Bowers, Marianne) |
| Filing 58 AMENDED NOTICE OF APPEAL (FRAP 4(a)4 Amendment) as to #56 Order Adopting Report and Recommendations, Terminate Motions, Order on Motion to Dismiss for Failure to State a Claim, Order on Report and Recommendations,,,,,,,, by Tara Dorsey. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Coleman, Harry) |
| Filing 57 NOTICE OF APPEAL in Non-Prisoner Case as to #56 Order Adopting Report and Recommendations, Terminate Motions, Order on Motion to Dismiss for Failure to State a Claim, Order on Report and Recommendations,,,,,,,, by Tara Dorsey. Filing Fee and Docket Fee Paid. Filing fee $ 505, receipt number 0314-3990333. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Coleman, Harry) |
Filing 56
ORDER: In accord with the Memorndum #55 issued this date; 1) The R and R #51 of MJ Carlson is adopted.2) Dfts mtns to dismiss, converted into motions for summaryjudgment, #9 , #16 and #40 , are GRANTED. 3) This action is DISMISSED as time-barred under the statute of limitations.4) The clerk of court shall close this file.Signed by Honorable Sylvia H. Rambo on 1/4/17. (ma)
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| Filing 55 MEMORANDUM re. Mtns for summary jgmnt #9 , #16 , #40 and REPORT AND RECOMMENDATIONS #51 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 1/4/17. (ma) |
| Filing 54 RESPONSE by Corizon Health, Inc., Gregory Famiglio to #52 Objection to Report and Recommendations (Joint). (Mongiello, Michael) |
| Filing 53 MEMORANDUM OF LAW by Tara Dorsey re #52 Objection to Report and Recommendations of Magistrate Judge Martin C. Carlson. (Coleman, Harry) |
| Filing 52 OBJECTION to #51 Report and Recommendations of Magistrate Judge Martin C. Carlson. (Attachments: #1 Proposed Order)(Coleman, Harry) |
| Filing 51 REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the defendants dispositive motions which we have converted to motions for summary judgment (Docs. #9 , #16 and #40 .) be GRANTED, and this complaint should be dismissed as time-barred under the statute of limitations. Objections to R&R due by 12/19/2016. Signed by Magistrate Judge Martin C. Carlson on November 30, 2016. (kjn) |
| Filing 50 APPENDIX by Tara Dorsey. to #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Coleman, Harry) |
| Filing 49 AFFIDAVIT in Opposition re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tara Dorsey.(Coleman, Harry) |
| Filing 48 STATEMENT OF FACTS re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tara Dorsey.(Coleman, Harry) |
| Filing 47 BRIEF IN OPPOSITION re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tara Dorsey.(Coleman, Harry) |
| Filing 46 REPLY BRIEF re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Noel, Christopher H. Oppman, Pennsylvania Department of Corrections (DOC), Przybrowski, Robert Smith, John Wetzel, Joyce Wilkes.(Davis, Jessica) |
| Filing 45 BRIEF IN OPPOSITION re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Tara Dorsey. (Attachments: #1 Certificate of Service)(Coleman, Harry) |
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Filing 44
ORDER granting #43 Motion for Extension of Time to File Response/Reply re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Brief in Opposition due by 10/25/2016. Signed by Magistrate Judge Martin C. Carlson on October 25, 2016. (kjn)
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| Filing 43 MOTION for Extension of Time to File Brief to #41 Brief in Support, re: Commonwealths MTD filed by Tara Dorsey. (Attachments: #1 Proposed Order)(Coleman, Harry) |
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Filing 42
MEMORANDUM ORDER - This will serve as express notice of the courts decision to convert all three of the dfts motions to dismiss into motions for summary judgment and it is ORDERED that the motions are so converted. IT IS FURTHER ORDERED THAT the dfts shall be permitted to file any supplemental material, including additional briefing or affidavits and other evidence supporting their motions, on or before Thursday, November 3, 2016. IT IS FURTHER ORDERED THAT the pltf shall supplement her responses to the dispositive motions on or before Thursday, November 24, 2016. Given the conversion of these motions into motions for summary judgment the pltfs motions for discovery (Docs. #14 and #26 .) are DISMISSED as moot, and the pltf is instructed to proceed in the manner prescribed by Rule 56(d). Signed by Magistrate Judge Martin C. Carlson on October 20, 2016. (kjn)
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| Filing 41 BRIEF IN SUPPORT re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Noel, Christopher H. Oppman, Pennsylvania Department of Corrections (DOC), Przybrowski, Robert Smith, John Wetzel, Joyce Wilkes.(Davis, Jessica) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Paul Noel, Christopher H. Oppman, Przybrowski, Robert Smith, John Wetzel, Joyce Wilkes.(Davis, Jessica) |
| Filing 39 RESPONSE by Corizon Health, Inc. to Plantiff's Request for Production of Documents Propounded Upon Defendant, Corizon Health, Inc.. (Mongiello, Michael) |
| Filing 38 WAIVER OF SERVICE Returned by Christopher H. Oppman, Pennsylvania Department of Corrections (DOC), Robert Smith, Joyce Wilkes, John Wetzel, Przybrowski, Paul Noel. Christopher H. Oppman waiver sent on 4/14/2016, answer due 6/13/2016; Pennsylvania Department of Corrections (DOC) waiver sent on 4/14/2016, answer due 6/13/2016; Robert Smith waiver sent on 4/14/2016, answer due 6/13/2016; Joyce Wilkes waiver sent on 4/14/2016, answer due 6/13/2016; John Wetzel waiver sent on 4/14/2016, answer due 6/13/2016; Przybrowski waiver sent on 4/14/2016, answer due 6/13/2016; Paul Noel waiver sent on 4/14/2016, answer due 6/13/2016. (Davis, Jessica) |
| Filing 37 NOTICE of Appearance by Jessica S. Davis on behalf of Paul Noel, Christopher H. Oppman, Pennsylvania Department of Corrections (DOC), Przybrowski, Robert Smith, John Wetzel, Joyce Wilkes (Davis, Jessica) |
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Filing 36
MEMORANDUM OPINION AND ORDER - Accordingly, for the foregoing reasons, the plaintiff's motions to strike #12 and #24 are DENIED. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on 7/26/2016 (ktt)
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| Filing 35 REPLY BRIEF re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corizon Health, Inc., Gregory Famiglio.(Mongiello, Michael) |
| Filing 34 BRIEF IN OPPOSITION re #24 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Exhibits thereto) (Cetificate of NonConcurrence and Service) filed by Corizon Health, Inc., Gregory Famiglio.(Mongiello, Michael) |
| Filing 33 RESPONSE by Corizon Health, Inc., Gregory Famiglio to #24 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Exhibits thereto) (Cetificate of NonConcurrence and Service) . (Mongiello, Michael) |
| Filing 32 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Wexford Health Services, Inc.. (Goodrich, Caitlin) |
| Filing 31 RESPONSE by Corizon Health, Inc., Gregory Famiglio to #26 MOTION for Discovery (Limited) and Certificates of Nonconcurrence and Service . (Attachments: #1 Exhibit(s) Exhibit "A")(Mongiello, Michael) |
| Filing 30 Corporate Disclosure Statement by Corizon Health, Inc. identifying Corporate Parent Valitas Health Services, Inc. for Corizon Health, Inc... (Mongiello, Michael) |
| Filing 29 Proposed Order by Tara Dorsey. #26 MOTION for Discovery (Limited) and Certificates of Nonconcurrence and Service . (Coleman, Harry) |
| Filing 28 Proposed Order by Tara Dorsey. #24 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Exhibits thereto) (Cetificate of NonConcurrence and Service) . (Coleman, Harry) |
| Filing 27 BRIEF IN SUPPORT (with Exhibit and Certificate of Service) re #26 MOTION for Discovery (Limited) and Certificates of Nonconcurrence and Service filed by Tara Dorsey.(Coleman, Harry) |
| Filing 26 MOTION for Discovery (Limited) and Certificates of Nonconcurrence and Service by Tara Dorsey.(Coleman, Harry) |
| Filing 25 BRIEF IN SUPPORT re #24 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Exhibits thereto) (Cetificate of NonConcurrence and Service) filed by Tara Dorsey.(Coleman, Harry) |
| Filing 24 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Exhibits thereto) (Cetificate of NonConcurrence and Service) by Tara Dorsey.(Coleman, Harry) |
| Filing 23 BRIEF IN OPPOSITION re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Corizon/Famiglio) filed by Tara Dorsey. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Coleman, Harry) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order for Doc. 24. (pjr) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order for Doc. 26. (pjr) |
| Filing 22 BRIEF IN OPPOSITION re #14 MOTION for Disclosure MOTION for Discovery (Limited Discovery on Exhaustion Defense) (Joint Response of Wexford, Corizon and Famiglio) filed by Wexford Health Services, Inc..(Foreman, Samuel) |
| Filing 21 REPLY BRIEF re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wexford Health Services, Inc..(Foreman, Samuel) |
| Filing 20 BRIEF IN OPPOSITION re #12 MOTION to Strike #10 Brief in Support (Strike Exhibits to Wexford's Brief in Support of MTD) filed by Wexford Health Services, Inc..(Foreman, Samuel) |
| Filing 19 CERTIFICATE of Word Count by Corizon Health, Inc., Gregory Famiglio re #17 Brief in Support . (Mongiello, Michael) |
| Filing 18 CERTIFICATE of Non-Concurrence by Corizon Health, Inc., Gregory Famiglio re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Mongiello, Michael) |
| Filing 17 BRIEF IN SUPPORT re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corizon Health, Inc., Gregory Famiglio.(Mongiello, Michael) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Corizon Health, Inc., Gregory Famiglio. (Attachments: #1 Supplement Order, #2 Exhibit(s) Exhibit "A", #3 Exhibit(s) Exhibit "B")(Mongiello, Michael) |
| Filing 15 BRIEF IN SUPPORT ( re #14 MOTION for Disclosure MOTION for Discovery (Limited Discovery on Exhaustion Defense) filed by Tara Dorsey. (Attachments: #1 Proposed Order)(Coleman, Harry) |
| Filing 14 MOTION for Disclosure , MOTION for Discovery (Limited Discovery on Exhaustion Defense) by Tara Dorsey.(Coleman, Harry) |
| Filing 13 BRIEF IN SUPPORT re #12 MOTION to Strike #10 Brief in Support (Strike Exhibits to Wexford's Brief in Support of MTD) filed by Tara Dorsey.(Coleman, Harry) |
| Filing 12 MOTION to Strike #10 Brief in Support (Strike Exhibits to Wexford's Brief in Support of MTD) by Tara Dorsey. (Attachments: #1 Proposed Order)(Coleman, Harry) |
| Filing 11 BRIEF IN OPPOSITION re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tara Dorsey.(Coleman, Harry) |
| Filing 10 BRIEF IN SUPPORT re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wexford Health Services, Inc.. (Attachments: #1 Exhibit(s) SOIGA Records)(Levin, Marc) |
| Filing 9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wexford Health Services, Inc..(Levin, Marc) |
| Filing 8 WAIVER OF SERVICE Returned by Corizon Health, Inc.. Corizon Health, Inc. waiver sent on 5/27/2016, answer due 7/26/2016. (Mongiello, Michael) |
| Filing 7 WAIVER OF SERVICE Returned by Gregory Famiglio. Gregory Famiglio waiver sent on 5/27/2016, answer due 7/26/2016. (Mongiello, Michael) |
| Filing 6 NOTICE of Appearance by Michael C. Mongiello on behalf of Corizon Health, Inc., Gregory Famiglio. (Mongiello, Michael) |
| Filing 5 NOTICE of Appearance by Caitlin J Goodrich on behalf of Wexford Health Services, Inc. (Goodrich, Caitlin) |
| Filing 4 NOTICE of Appearance by Samuel H. Foreman on behalf of Wexford Health Services, Inc. (Foreman, Samuel) |
| Filing 3 NOTICE of Appearance by Marc T Levin on behalf of Wexford Health Services, Inc. (Levin, Marc) |
| Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-3724448), filed by Tara Dorsey. (Attachments: #1 Civil Cover Sheet)(aaa) |
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