| Court: | ilnd |
| Docket #: | 1:14-cv-01407 |
| Case Name: | Miller v. County Of Cook et al |
| PACER case #: | 293244 |
| Date filed: | 2014-02-26 |
| Assigned to: | Honorable John Robert Blakey |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 555 Civil Rights (Prison Condition) |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| David M Miller Plaintiff 3516 Monroe Street Lansing, IL 60438 708-985-6375 |
Brian John Perkins |
| Jane Doe Plaintiff cermak dermatologist |
Jane Doe |
| County Of Cook Defendant a municipal corporation |
James Emory Nichols Anthony E. Zecchin Michael L. Gallagher Michael Jude Sorich |
| Salvador Godinez Defendant TERMINATED: 04/24/2015 |
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| John Doe Defendant Director of the CCDOC, in his individual and official capacities TERMINATED: 04/24/2015 |
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| Thomas J. Dart Defendant Cook County Sheriff, in his individual and official capacities TERMINATED: 10/21/2015 |
James Emory Nichols Michael L. Gallagher Michael Jude Sorich |
| Todd H. Stroger Defendant TERMINATED: 04/24/2015 |
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| Toni Prekwinkle Defendant president of the Board of Commissioners, in their individual and official capacities TERMINATED: 04/24/2015 |
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| Michael Puises Defendant and or John Doe, Chief Operating Officer of Cermak Health Services of Cook County TERMINATED: 04/24/2015 |
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| Moreci Defendant TERMINATED: 04/24/2015 |
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| Victor Pelaez Defendant Cermak doctors TERMINATED: 04/24/2015 |
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| John Doe Defendant Chief Operating Officer of Cermak Health Services of Cook County TERMINATED: 04/24/2015 |
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| Yak K. Yo Do Defendant TERMINATED: 04/24/2015 |
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| John Doe Defendant dwlest div-9 TERMINATED: 04/24/2015 |
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| JANE DOE Defendant #99, #189, #281, Cermak Nurses TERMINATED: 04/24/2015 |
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| John Doe Defendant Cermak Pharmacy and Dispencery Div-9 persovel TERMINATED: 04/24/2015 |
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| Cook County Department Of Corrections Defendant TERMINATED: 10/21/2015 |
James Emory Nichols Michael L. Gallagher Michael Jude Sorich |
| Cermak Health Services of Cook County Defendant TERMINATED: 10/21/2015 |
James Emory Nichols Michael L. Gallagher Michael Jude Sorich |
| Jack Liu Defendant DDS |
James Emory Nichols Anthony E. Zecchin Michael Jude Sorich |
| John Does Defendant 1-45 TERMINATED: 10/21/2015 |
Michael Jude Sorich |
| Service List Defendant |
Prisoner Correspondence - Internal Use Only |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-02-26 | 1 | 0 | RECEIVED Complaint and 0 copies by David M Miller (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12, # 12 Part 13). (jmp, ) (Envelope not postmarked) (Entered: 02/28/2014) | |||
| 2014-02-26 | 2 | 0 | CIVIL Cover Sheet. (jmp, ) (Entered: 02/28/2014) | |||
| 2014-02-26 | 3 | 0 | MOTION by Plaintiff David M Miller for leave to proceed in forma pauperis. (jmp, ) (Entered: 02/28/2014) | |||
| 2014-02-26 | 4 | 0 | LETTER from plaintiff no date. (jmp, ) (Entered: 02/28/2014) | |||
| 2014-07-18 | 5 | 0 | ORDER:Plaintiff is ordered to show cause in writing why this matter should not be dismissed for want of prosecution. Plaintiff must respond in writing, including a notification of a change of address, within 21 days of this order or the matter will be dismissed without prejudice for want of prosecution. The Clerk shall send a copy of this order to Plaintiff's last known address. Signed by the Honorable Sara L. Ellis on 7/18/2014.(rm, ) (Entered: 07/21/2014) | |||
| 2014-08-04 | 6 | 0 | MAIL returned for document # 5 sent to David M. Miller returned as undeliverable ; Returned to sender. (ym, ) (Entered: 08/07/2014) | |||
| 2014-08-20 | 7 | 0 | PRO SE Appearance by Plaintiff David M Miller. (rm, ) (Entered: 08/21/2014) | |||
| 2014-11-07 | 8 | 0 | ORDER:Plaintiff's motion for leave to proceed in forma pauperis 3 is granted. The Court waives the filing fee. The Court dismisses the complaint on file without prejudice. The Court requests that Brian John Perkins of Meyers & Flowers, LLC, 3 North Second St., Suite 300, St. Charles, Illinois 60174, (630) 232-6333, represent Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). The Court dismisses the complaint without prejudice to Plaintiff's counsel filing an amended complaint within 60 days if the amended complaint comports with counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure. The July 18, 2014 show cause order is discharged. Status hearing is set for 1/6/2015 at 9:30 AM to report on whether an amended complaint will be filed. Signed by the Honorable Sara L. Ellis on 11/7/2014.(rm, ) (Entered: 11/10/2014) | |||
| 2015-01-06 | 9 | 0 | MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 1/6/2015. Plaintiff's counsel reports that an amended complaint will be filed. Status hearing set for 3/10/2015 at 9:30 AM to report on timing of filing amended complaint. Mailed notice (rj, ) (Entered: 01/06/2015) | |||
| 2015-01-15 | 10 | 0 | EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on December 30, 2014, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Robert Blakey; therefore IT IS HEREBY ORDERED that the attached list of 306 cases be reassigned to the Honorable John Robert Blakey. IT IS FURTHER ORDERED that this order shall become effective on January 15, 2015. Case reassigned to the Honorable John Robert Blakey for all further proceedings. Signed by Executive Committee on 1/15/15. Mailed notices. (jp, ) (Entered: 01/15/2015) | |||
| 2015-01-23 | 11 | 0 | MINUTE entry before the Honorable John Robert Blakey:This case has been reassigned to form the initial calendar of the Honorable John Robert Blakey. Unless otherwise ordered by the court, all previously set discovery and briefing schedules and deadlines remain intact, and all existing referrals to the assigned magistrate judge remain in place. All previously set status hearing and motion hearing dates are stricken. To assist the court with its initial review of the case, the parties are directed, within 10 calendar days of this order's entry, to confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages. A template of the Reassignment Status Report is available on Judge Blakey's homepage at www.ilnd.uscourts.gov. The parties are directed not to file or notice any motions, with the exception of emergency motions, prior to filing the joint Reassignment Status Report. For all emergency motions arising prior to the due date for the Reassignment Status Report, the parties are directed to contact chambers at (312) 435-6058, or Judge Blakey's courtroom deputy, Gloria Lewis, at (312) 818-6699. Additional dates will be set in a future order, as needed. Mailed notice (gel, ) (Entered: 01/23/2015) | |||
| 2015-02-11 | 12 | 0 | MINUTE entry before the Honorable John Robert Blakey: The case is set for a status hearing 3/10/15 at 9:45 a.m. in Courtroom 2201. Counsel should be prepared at that time to report on the expected timing for filing an amended complaint. Mailed notice (gel, ) (Entered: 02/11/2015) | |||
| 2015-03-10 | 13 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 3/10/2015 and continued to 4/27/2015 at 9:45 AM in Courtroom 2201. Plaintiff has until 4/24/2015 to file his amended complaint. If no amended complaint is filed by 4/24/2015, this case will be dismissed for want of prosecution. Mailed notice (gel, ) (Entered: 03/10/2015) | |||
| 2015-04-24 | 14 | 0 | AMENDED complaint by David M Miller against Thomas J. Dart (Perkins, Brian) (Entered: 04/24/2015) | |||
| 2015-04-27 | 15 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 4/27/2015 and continued to 6/29/2015 at 9:45 AM in Courtroom 1725. Mailed notice (gel, ) (Entered: 04/27/2015) | |||
| 2015-06-29 | 16 | 0 | ATTORNEY Appearance for Defendants Cermak Health Services of Cook County, Cook County Department Of Corrections, County Of Cook, Thomas J. Dart by James Emory Nichols (Nichols, James) (Entered: 06/29/2015) | |||
| 2015-06-29 | 17 | 0 | ATTORNEY Appearance for Defendants Cermak Health Services of Cook County, Cook County Department Of Corrections, County Of Cook, Thomas J. Dart by Michael L. Gallagher (Gallagher, Michael) (Entered: 06/29/2015) | |||
| 2015-06-29 | 18 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 6/29/2015 and continued to 8/12/2015 at 9:45 a.m. in Courtroom 1725. Defendant's oral motion for an extension of time to answer or file other responsive pleading is granted. Answer or other responsive pleading shall be filed on or before 8/11/2015. Mailed notice (gel, ) (Entered: 06/29/2015) | |||
| 2015-08-11 | 19 | 0 | First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Nichols, James) (Entered: 08/11/2015) | |||
| 2015-08-11 | 20 | 0 | NOTICE of Motion by James Emory Nichols for presentment of Motion to Dismiss for Failure to State a Claim 19 before Honorable John Robert Blakey on 8/18/2015 at 09:45 PM. (Nichols, James) (Entered: 08/11/2015) | |||
| 2015-08-12 | 21 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 8/12/2015. Defendant's first motion to dismiss 19 is briefed as follows: response shall be filed on or before 9/9/2015, reply shall be filed on or before 10/7/2015. Notice of motion previously set for 8/18/2015 is stricken. Status hearing set for 10/21/2015 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 08/12/2015) | |||
| 2015-09-09 | 22 | 0 | MOTION by Plaintiff David M Miller for extension of time TO FILE A RESPONSE TO DEFENDANTS' 12(B)(6) MOTION TO DISMISS (Perkins, Brian) (Entered: 09/09/2015) | |||
| 2015-09-11 | 23 | 0 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff's agreed motion for extension of time 22 is granted. Plaintiff shall file his response to defendants' motion to dismiss by 9/16/15, and defendants shall file their reply by 10/14/15. Mailed notice (gel, ) (Entered: 09/11/2015) | |||
| 2015-09-16 | 24 | 0 | MOTION by Plaintiff David M Miller for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 19 (Perkins, Brian) (Entered: 09/16/2015) | |||
| 2015-09-18 | 25 | 0 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff's agreed second motion for extension of time to file a response to defendants' motion to dismiss 24 is granted. Plaintiff shall file his response to defendants' motion to dismiss by 9/23/15, and defendants shall file their reply by 10/21/15. Counsel is reminded that all future motions must be noticed for presentment consistent with Local Rule 5.3(b). Mailed notice (vcf, ) (Entered: 09/18/2015) | |||
| 2015-09-22 | 26 | 0 | MOTION by Defendants Cermak Health Services of Cook County, Cook County Department Of Corrections, County Of Cook, Thomas J. Dart Leave to withdraw M. Gallagher and substitute M. Sorich (Nichols, James) (Entered: 09/22/2015) | |||
| 2015-09-22 | 27 | 0 | NOTICE of Motion by James Emory Nichols for presentment of motion for miscellaneous relief 26 before Honorable John Robert Blakey on 9/29/2015 at 09:45 AM. (Nichols, James) (Entered: 09/22/2015) | |||
| 2015-09-23 | 28 | 0 | MINUTE entry before the Honorable John Robert Blakey: Defendants' motion to withdraw and substitute counsel 26 is granted. The 9/29/15 Notice of Motion date is stricken; the parties need not appear. Mailed notice (gel, ) (Entered: 09/23/2015) | |||
| 2015-09-23 | 29 | 0 | RESPONSE by David M Millerin Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 19 (Perkins, Brian) (Entered: 09/23/2015) | |||
| 2015-10-16 | 30 | 0 | MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the 10/21/15 status hearing is stricken and reset to 12/3/15 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 10/16/2015) | |||
| 2015-10-21 | 31 | 0 | MINUTE entry before the Honorable John Robert Blakey:Enter Memorandum Opinion and Order. For the reasons explained in the accompanying Memorandum Opinion and Order, defendants' motion to dismiss 19 is granted. Millers claim is dismissed with prejudice as to the Cook County Department of Corrections, Cermak Health Services and Sheriff Thomas J. Dart in his personal capacity and dismissed without prejudice as to the Doe Defendants and Sheriff Dart in his official capacity. To the extent Miller can amend his complaint consistent with his obligations under Rule 11, he is given leave to file a second amended complaint by November 5, 2015. Regardless of any amendment, the case will proceed against the non-moving defendants (Cook County and Dr. Liu). For now, the 12/3/15 status hearing date stands. Mailed notice (gel, ) (Entered: 10/21/2015) | |||
| 2015-10-21 | 32 | 0 | MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 10/21/2015. Mailed notice(gel, ) (Main Document 32 replaced on 10/21/2015) (gel, ). (Entered: 10/21/2015) | |||
| 2015-12-03 | 33 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 12/3/2015. Answer shall be filed on or before 1/5/2016. Status hearing set for 1/5/2016 at 10:15 a.m. in Courtroom 1725. Parties should be prepared to set a discovery schedule at the next status hearing. Mailed notice (gel, ) (Entered: 12/03/2015) | |||
| 2015-12-11 | 34 | 0 | ATTORNEY Appearance for Defendants County Of Cook, Jack Liu by James Emory Nichols (Nichols, James) (Entered: 12/11/2015) | |||
| 2015-12-11 | 35 | 0 | ATTORNEY Appearance for Defendants County Of Cook, Jack Liu by Michael Jude Sorich (Sorich, Michael) (Entered: 12/11/2015) | |||
| 2016-01-05 | 36 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 1/5/2016. Defense counsel failed to appear and failed to notify Chambers of any scheduling conflicts. Any further failure to comply with court orders may result in a default judgment or other sanction. Status hearing reset for 1/13/2016 at 9:45 a.m. in Courtroom 1725. Defense counsel is ordered to appear at the next status hearing. Mailed notice (gel, ) (Entered: 01/05/2016) | |||
| 2016-01-05 | 37 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 1/5/2016. Defense counsel failed to appear and failed to notify Chambers of any scheduling conflicts. Counsel are reminded that communications between the attorneys do not substitute for an appearance set by the Court, or communication with Chambers regarding scheduling conflicts. Status hearing reset for 1/13/2016 at 9:45 a.m. in Courtroom 1725. Defense counsel is ordered to appear at the next status hearing. Mailed notice (gel, ) (Entered: 01/05/2016) | |||
| 2016-01-05 | 38 | 0 | ANSWER to amended complaint by County Of Cook, Jack Liu(Nichols, James) (Entered: 01/05/2016) | |||
| 2016-01-05 | 39 | 0 | NOTICE by County Of Cook, Jack Liu Filing of Answer (Nichols, James) (Entered: 01/05/2016) | |||
| 2016-01-13 | 40 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 1/13/2016 and continued to 2/3/2016 at 9:45 a.m. in Courtroom 1725. Rule 26(a)(1) disclosures shall be completed on or before 1/27/2016. Oral motion to depose an incarcerated individual is granted. Parties should be prepared to set additional case management dates, including a close of fact discovery, at the next hearing. Mailed notice (gel, ) (Entered: 01/13/2016) | |||
| 2016-02-03 | 41 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 2/3/2016. Oral motion to extend deadline to submit Rule 26(a)(1) disclosures is granted and shall be submitted on or before 6/3/2016. All fact discovery shall be completed on or before 6/3/2016. Status hearing set for 6/8/2016 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 02/03/2016) | |||
| 2016-04-23 | 42 | 0 | WITHDRAWING Michael J. Sorich as counsel for Defendants County Of Cook, Jack Liu and substituting Anthony E. Zecchin as counsel of record (Zecchin, Anthony) (Entered: 04/23/2016) | |||
| 2016-06-08 | 43 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 6/8/2016. Oral motion to extend fact discovery for the purpose of completing the depositions referenced in court is granted. Fact discovery shall be completed on or before 7/21/2016. Status hearing set for 7/21/2016 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 06/08/2016) | |||
| 2016-07-21 | 44 | 0 | MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 7/21/2016 and continued to 9/8/2016 at 10:00 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 07/21/2016) | |||
| 2016-07-21 | 45 | 0 | CERTIFICATE of Service by Plaintiff David M Miller on Plaintiff's Initial Disclosure Pursuant to F.R.C.P. 26(a)(1) (Perkins, Brian) (Entered: 07/21/2016) |