Case details

Court: ilnd
Docket #: 1:13-cv-04419
Case Name: Brown v. Wexford Health Sources Inc. et al
PACER case #: 284619
Date filed: 2013-06-14
Assigned to: Honorable Amy J. St. Eve
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 555 Civil Rights (Prison Condition)
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Patrick Ivan Brown
Plaintiff
Patrick Ivan Brown
R-27588 Stateville - STV P.O. Box 112 Joliet, IL 60434 PRO SE

Wexford Health Sources Inc.
Defendant
Matthew H Weller
Cassiday Schade LLP 20 North Wacker Drive Suite 1000 Chicago, IL 60606-2903 (312) 641-3100 Email: mweller@cassiday.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Jack Lombardo
CASSIDAY SCHADE LLP 20 North Wacker Drive, Suite 1000 Chicago, IL 60606-2903 (312)641-3100 Fax: 312.444.1669 Email: jlombardo@cassiday.com
ATTORNEY TO BE NOTICED

Dr. Obasi
Defendant
Matthew H Weller
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Jack Lombardo
(See above for address)
ATTORNEY TO BE NOTICED

Michael Lemke
Defendant
Warden TERMINATED: 01/23/2014
Jessica Megan Scheller
Office of the Illinois Attorney General 100 W. Randolph Street 13th Floor Chicago, IL 60601 312.814.6131 Fax: 312.814.4425 Email: JScheller@atg.state.il.us
ATTORNEY TO BE NOTICED

Service List
Defendant
Illinois Department of Corrections
100 West Randolph, Suite 4-200 Chicago, IL 60601 Email: DOC.ILNDNotices@doc.illinois.gov
ATTORNEY TO BE NOTICED

Prisoner Correspondence - Internal Use Only
Email: Prison1_ILND@ilnd.uscourts.gov
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-06-14 1 0 RECEIVED Complaint and 3 copies by Patrick Ivan Brown (Exhibits). (tlm) (Envelope not postmarked; Institution Mailroom 06/12/2013) Modified on 6/14/2013 (tlm). (Entered: 06/14/2013)
2013-06-14 2 0 CIVIL Cover Sheet. (tlm) (Entered: 06/14/2013)
2013-06-14 3 0 MOTION by Plaintiff Patrick Ivan Brown for attorney representation (Exhibit). (tlm) (Entered: 06/14/2013)
2013-06-18 4 0 WRITTEN Opinion entered by the Honorable Amy J. St. Eve on 6/18/2013: Plaintiff is granted until 7/19/13 in which either to file an in forma pauperis application on the enclosed form with the information required by 28 U.S.C.ยง 1915(a)(2) or pay the full $400 filing fee. The Clerk is directed to send Plaintiff an i.f.p. application along with a copy of this order. Failure of Plaintiff to comply by 7/19/13 will result in summary dismissal of this case. Plaintiff is advised that he is required to provide the Court with the original plus a judge's copy of every document filed. Mailed notice (tlm) (Entered: 06/19/2013)
2013-07-15 6 0 COMPLAINT filed by Patrick Ivan Brown; Jury Demand. (Exhibits)(np, ) (Entered: 07/16/2013)
2013-07-24 7 0 ORDER: Plaintiff has paid the $400 filing fee in accordance with the court's 6/18/13 order. He may proceed with his complaint against Defendants Wexford Health Sources, Dr. Obaisi, and Stateville Warden Lemke. The clerk shall issue summons for service of the complaint on Defendants, and the U.S. Marshals Service is directed to serve them. The clerk shall also send Plaintiff a Magistrate Judge Consent Form and instructions for submitting documents in this court. Plaintiff's motion for attorney representation [#3] is denied without prejudice. Signed by the Honorable Amy J. St. Eve on 7/24/2013. Mailed notice. (np, ) (Entered: 07/25/2013)
2013-07-29 8 0 MOTION by Plaintiff Patrick Ivan Brown in limine for extension of time (np, ) (Entered: 07/31/2013)
2013-08-05 9 0 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff's motion for extension of time 8 is denied as moot as plaintiff paid the filing fee on 7/15/13. Mailed notice (kef, ) (Entered: 08/05/2013)
2013-09-16 10 0 WAIVER OF SERVICE returned executed by Patrick Ivan Brown. Michael Lemke waiver sent on 9/5/2013, answer due 11/4/2013. (np, ) (Entered: 09/18/2013)
2013-09-16 11 0 WAIVER OF SERVICE returned executed by Patrick Ivan Brown. Dr. Obasi waiver sent on 9/5/2013, answer due 11/4/2013. (np, ) (Entered: 09/18/2013)
2013-09-16 12 0 WAIVER OF SERVICE returned executed by Patrick Ivan Brown. Wexford Health Sources Inc. waiver sent on 9/5/2013, answer due 11/4/2013. (np, ) (Entered: 09/19/2013)
2013-09-23 13 0 MINUTE entry before Honorable Amy J. St. Eve: Status hearing set for 11/14/2013 at 08:30 AM. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 11/14/13 status hearing via telephone. By 11/13/13, counsel shall contact the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 09/23/2013)
2013-11-04 14 0 ATTORNEY Appearance for Defendants Dr. Obasi, Wexford Health Sources Inc. by Joseph Jack Lombardo (Lombardo, Joseph) (Entered: 11/04/2013)
2013-11-04 15 0 ANSWER to Complaint with Jury Demand by Dr. Obasi, Wexford Health Sources Inc.(Lombardo, Joseph) (Entered: 11/04/2013)
2013-11-04 16 0 ATTORNEY Appearance for Defendants Dr. Obasi, Wexford Health Sources Inc. by Matthew H Weller (Weller, Matthew) (Entered: 11/04/2013)
2013-11-04 17 0 CERTIFICATE of Service by Defendants Dr. Obasi, Wexford Health Sources Inc. for Request for Production and Interrogatories to Plaintiff (Lombardo, Joseph) (Entered: 11/04/2013)
2013-11-04 18 0 MOTION by Defendants Dr. Obasi, Wexford Health Sources Inc. for protective order Pursuant to HIPAA (Attachments: # 1 Exhibit A)(Lombardo, Joseph) (Entered: 11/04/2013)
2013-11-04 19 0 NOTICE of Motion by Joseph Jack Lombardo for presentment of motion for protective order 18 before Honorable Amy J. St. Eve on 11/14/2013 at 08:30 AM. (Lombardo, Joseph) (Entered: 11/04/2013)
2013-11-04 20 0 ATTORNEY Appearance for Defendant Michael Lemke by Jessica Megan Scheller Office of the Illinois Attorney General (Scheller, Jessica) (Entered: 11/04/2013)
2013-11-05 21 0 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMFiled By Defendand Michael Lemke (Scheller, Jessica) (Entered: 11/05/2013)
2013-11-05 22 0 MEMORANDUM by Michael Lemke in support of Motion to Dismiss for Failure to State a Claim 21 (Scheller, Jessica) (Entered: 11/05/2013)
2013-11-05 23 0 NOTICE of Motion by Jessica Megan Scheller for presentment of Motion to Dismiss for Failure to State a Claim 21 before Honorable Amy J. St. Eve on 11/14/2013 at 08:30 AM. (Scheller, Jessica) (Entered: 11/05/2013)
2013-11-06 24 0 MINUTE entry before Honorable Amy J. St. Eve: Status hearing set for 11/14/2013 is reset from 8:30 a.m. to 2:00 p.m. Presentment of defendants' motions for protective order 18 and motion to dismiss 21 is reset from 8:30 a.m. to 2:00 p.m. on 11/14/13. Mailed notice (kef, ) (Entered: 11/06/2013)
2013-11-14 25 0 MINUTE entry before Honorable Amy J. St. Eve: Status hearing held on 11/14/2013 and continued to 1/28/14 at 8:30 a.m. Wexford Defendants' motion for entry of a qualified protective order pursuant to HIPAA 18 is granted. Defendant Lemke's motion to dismiss 21 is entered. Plaintiff's written response brief shall be filed by 12/16/13. Defendant's reply by 12/23/13. Defendants are given leave to depose Patrick Brown, an incarcerated individual. Rule 26(a)(1) disclosures shall be exchanged by 12/13/13. Written discovery shall be issued by 1/8/14. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) (Entered: 11/14/2013)
2013-11-14 26 0 QUALIFIED PROTECTIVE Order Signed by the Honorable Amy J. St. Eve on 11/14/2013:Mailed notice(kef, ) (Entered: 11/14/2013)
2013-11-15 27 0 MINUTE entry before Honorable Amy J. St. Eve: Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 1/28/14 status hearing via telephone. By 1/27/14, counsel shall contact the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff.Mailed notice (kef, ) (Entered: 11/15/2013)
2013-11-21 28 0 NOTICE by Dr. Obasi, Wexford Health Sources Inc. Notice of Intent to Serve Subpoena (Lombardo, Joseph) (Entered: 11/21/2013)
2013-12-02 29 0 MOTION by Plaintiff Patrick Ivan Brown for attorney representation (tg, ) (Entered: 12/05/2013)
2013-12-02 30 0 ANSWER by Plaintiff Patrick Ivan Brown to motion to dissmiss defendant Michael Lemke (warden) (tg, ) (Entered: 12/05/2013)
2013-12-10 31 0 CERTIFICATE of Service by Defendants Dr. Obasi, Wexford Health Sources Inc. Rule 26(a)(1) Disclosures (Lombardo, Joseph) (Entered: 12/10/2013)
2013-12-23 32 0 REPLY by Defendant Michael Lemke to Motion to Dismiss for Failure to State a Claim 21 , memorandum in support of motion 22 (Scheller, Jessica) (Entered: 12/23/2013)
2014-01-23 33 0 ORDER Signed by the Honorable Amy J. St. Eve on 1/23/2014: Defendant Michael Lemke's motion to dismiss 21 is granted. Lemke is dismissed as a Defendant. The dismissal is without prejudice and, if Plaintiff seeks to keep Lemke as a Defendant, he must file an amended complaint that states a valid claim against him. If the Court receives no amended complaint by February 24, 2014, the Court will consider this case as proceeding against only Dr. Obaisi and Wexford Health Sources, the two remaining Defendants. Plaintiff's motion for attorney representation 29 is denied without prejudice. [For further details, see attached Order.] Mailed notice(kef, ) (Entered: 01/23/2014)
2014-01-27 34 0 STATUS Report Joint Initial Status Report by Dr. Obasi, Wexford Health Sources Inc. (Lombardo, Joseph) (Entered: 01/27/2014)
2014-01-28 35 0 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 1/28/2014 and continued to 3/13/2014 at 08:30 AM. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 3/13/14 status hearing via telephone. By 3/12/14, counsel shall contact the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Defendants are given leave to depose plaintiff Patrick Brown, an incarcerated individual. Fact discovery shall be completed by 6/30/14. Any dispositive motions, with supporting memoranda, shall be filed by 7/31/14. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) (Entered: 01/28/2014)
2014-02-13 36 0 MOTION by Plaintiff Patrick Ivan Brown for physical and mental examinations rule 35 FCCP (tg, ) (Entered: 02/14/2014)
2014-02-13 37 0 MOTION by Plaintiff Patrick Ivan Brown to keep Warden Lemke as a defendant (tg, ) (Entered: 02/14/2014)
2014-03-06 38 0 MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 3/13/14 is stricken and reset to 3/17/2014 at 08:30 AM. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 3/17/14 status hearing via telephone. By 3/14/14, counsel shall contact the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 03/06/2014)
2014-03-14 39 0 ORDER : Plaintiff's motion to keep Stateville Warden Michael Lemke as a Defendant 37 is denied. Plaintiff's motion for the court to order that he receive medical diagnostic tests and treatment, as well as a psychiatric evaluation, 36 is denied. The court, however, directs the clerk to mail a copy of this order to the office of Michael Magana, Warden of Stateville Correctional Center, and prison officials should ensure that Plaintiffs medical and mental health needs are being addressed. Signed by the Honorable Amy J. St. Eve on 3/14/2014. Mailed notice (tg, ) (Entered: 03/14/2014)
2014-03-17 40 0 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 3/17/2014 and continued to 5/8/2014 at 08:30 AM. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the5/8/14 status hearing via telephone. By 5/7/14, counsel shall contact the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 03/17/2014)
2014-03-24 41 0 MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 5/8/2014 is reset from 8:30 a.m. to 11:30 AM.Mailed notice (kef, ) (Entered: 03/24/2014)
2014-05-08 42 0 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 5/8/2014 and continued to 6/23/2014 at 08:30 AM. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 6/23/14 status hearing via telephone. By 6/20/14, counsel shall provide the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 05/08/2014)
2014-06-23 43 0 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 6/23/2014 and continued to 7/24/2014 at 08:30 AM. Any dispositive motions, with supporting memoranda, shall be filed by 9/3/14. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 7/24/14 status hearing via telephone. By 7/23/14, counsel shall provide the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 06/23/2014)
2014-06-30 44 0 MINUTE entry before the Honorable Amy J. St. Eve: Status hearing set for 7/24/14 is stricken and reset to 7/21/2014 at 08:30 AM. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 7/21/14 status hearing via telephone. By 7/18/14, counsel shall provide the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff. Mailed notice (kef, ) (Entered: 06/30/2014)
2014-06-26 45 0 MOTION by Plaintiff Patrick Ivan Brown for attorney representation (tg, ) (Entered: 07/02/2014)
2014-07-09 46 0 NOTICE by Dr. Obasi, Wexford Health Sources Inc. Notice of Intent to Serve Subpoena (Lombardo, Joseph) (Entered: 07/09/2014)
2014-07-15 47 0 ORDER Signed by the Honorable Amy J. St. Eve on 7/15/2014: Plaintiff's motion for attorney representation 45 is denied without prejudice. The court may revisit whether to enlist counsel for Plaintiff at a later stage of this case. [For further details, see Order.] Mailed notice(kef, ) (Entered: 07/15/2014) 2014-07-28 08:31:24 556e381eb3555a6c388b43e8f3c590aff13ffa93
2014-07-21 48 0 MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 7/21/2014 and continued to 7/28/2014 at 09:00 AM. Plaintiff was not available by phone. Defendants' counsel is directed to make arrangements for plaintiff, Patrick Brown, to appear for the 7/28/14 status hearing via telephone. By 3:00 p.m. on 7/25/14, counsel shall provide the courtroom deputy, 312/435-5879, with the contact phone number for plaintiff.Mailed notice (kef, ) (Entered: 07/21/2014)