| Court: | ilnd |
| Docket #: | 1:15-cv-01884 |
| Case Name: | Peacock v. Rigsyby et al |
| PACER case #: | 307436 |
| Date filed: | 2015-02-26 |
| Assigned to: | Honorable Thomas M. Durkin |
| Referred to: | Honorable Young B. Kim (Settlement) |
| 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 |
| Taki Peacock Plaintiff |
Charles R Kiser Elizabeth Ann LaRose |
| B. Rigsyby Defendant |
James Patrick Doran Matthew T Fletcher |
| Saleh Obaisi Defendant TERMINATED: 10/20/2016 |
Robert Steven Tengesdal Harrison A Cohen James M. Gale |
| Aveen (Bobby) Naqpal Defendant |
James Patrick Doran Matthew T Fletcher |
| Shanelle Doe Defendant TERMINATED: 11/20/2015 |
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| Michael Lemke Defendant TERMINATED: 07/16/2015 |
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| Michael Magana Defendant TERMINATED: 07/16/2015 |
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| Jane Doe Defendant TERMINATED: 11/20/2015 |
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| Torri Defendant Mr./Ms. |
James Patrick Doran Matthew T Fletcher |
| Davis Defendant Dr.; in their individual and official capacities TERMINATED: 10/20/2016 |
Robert Steven Tengesdal Harrison A Cohen James M. Gale |
| Amy Defendant TERMINATED: 07/16/2015 |
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| Anna McBee Defendant TERMINATED: 07/16/2015 |
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| Wexford Health Services, Inc. Defendant TERMINATED: 11/20/2015 |
Robert Steven Tengesdal James M. Gale |
| Walter Nicholson Defendant Assistant Warden |
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| Nick Lamb Defendant Acting Warden |
James Patrick Doran Matthew T Fletcher |
| Service List Defendant |
Illinois Department of Corrections |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-02-26 | 1 | 0 | RECEIVED Complaint and 10 copies by Taki Peacock (Exhibit) (Envelope postmark; institution mail room 2/25/2015). (sxn, ) (Additional attachment(s) added on 9/17/2015: # 1 Envelope) (tt, ). (Entered: 03/06/2015) | |||
| 2015-02-26 | 2 | 0 | CIVIL Cover Sheet. (sxn, ) (Entered: 03/06/2015) | |||
| 2015-02-26 | 3 | 0 | MOTION AND AFFIDAVIT by Plaintiff Taki Peacock to proceed in district court without prepaying fees or costs (Exhibit). (sxn, ) (Entered: 03/06/2015) | |||
| 2015-04-14 | 4 | 0 | ORDER: The plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 3), is granted. The Court authorizes and orders the trust fund officer at the plaintiffs place of incarceration to deduct $32.95 from the plaintiff's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. On the Court's own motion, Charles R. Kiser, IUOE Local 150 Legal Dept., 6140 Joliet Road, Countryside, IL 60525 is recruited to represent plaintiff pursuant to counsel's trial bar obligation under Local Rule 83.11(g). Summonses shall not issue at this time. Counsel is instructed to contact his client and investigate his claims pursuant to counsel's Rule 11 obligation. Counsel shall submit an amended complaint, or other appropriate filing if he cannot bring a complaint under Rule 11, within 60 days of the entry of this order. The Clerk is directed to send a copy of this order to: (1) the trust fund officer at the Stateville Correctional Center, and, (2) Mr. Kiser. The case is set for status on June 22, 2015, at 9:00 a.m. Signed by the Honorable Thomas M. Durkin on 4/14/2015. Mailed notice. (mgh, ) (Entered: 04/16/2015) | |||
| 2015-06-03 | 5 | 0 | MOTION by Plaintiff Taki Peacock for extension of time to amend received complaint 1 and to Reset Status Date (UNCONTESTED) (Attachments: # 1 Exhibit A-D)(Kiser, Charles) (Entered: 06/03/2015) | |||
| 2015-06-03 | 6 | 0 | NOTICE of Motion by Charles R Kiser for presentment of motion for extension of time to amend, motion for relief 5 before Honorable Thomas M. Durkin on 6/9/2015 at 09:00 AM. (Kiser, Charles) (Entered: 06/03/2015) | |||
| 2015-06-03 | 7 | 0 | ATTORNEY Appearance for Plaintiff Taki Peacock by Charles R Kiser (Kiser, Charles) (Entered: 06/03/2015) | |||
| 2015-06-04 | 8 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for extension of time to 7/3/15 to file an amended complaint or other appropriate motion given Rule 11 and to reset status date 5 is granted. Status hearing reset to 7/8/2015 at 09:00 AM. The 6/22/15 status date is stricken. No appearance required on 6/9/15. Mailed notice (srn, ) (Entered: 06/04/2015) | |||
| 2015-07-01 | 9 | 0 | MOTION by Plaintiff Taki Peacock for extension of time to amend Complaint or other Appropriate Motion Given Rule 11 and to Reset Status Date (second UNOPPOSED request) (Kiser, Charles) (Entered: 07/01/2015) | |||
| 2015-07-01 | 10 | 0 | NOTICE of Motion by Charles R Kiser for presentment of motion for extension of time to amend 9 before Honorable Thomas M. Durkin on 7/7/2015 at 09:00 AM. (Kiser, Charles) (Entered: 07/01/2015) | |||
| 2015-07-02 | 11 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for second extension of time to file Amended Complaint or other appropriate motion given Rule 11 and to reset status date 9 is granted. Status hearing reset for 7/21/2015 at 09:00 AM. The 7/8/15 status date is vacated. No appearance required on 7/7/15. Mailed notice (srn, ) (Entered: 07/02/2015) | |||
| 2015-07-16 | 12 | 0 | FIRST AMENDED complaint by Taki Peacock against Davis, Jane Doe, Aveen (Bobby) Naqpal, Obaisi, B. Rigsyby, Shanelle, Torri, Wexford Health Services, Inc. and terminating Michael Magana, Anna McBee, Amy and Michael Lemke (Attachments: # 1 Exhibit A)(Kiser, Charles) (Entered: 07/16/2015) | |||
| 2015-07-21 | 13 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 7/21/2015. Plaintiff's amended complaint is to be filed on or before 7/28/15. The Clerk is directed to issue summons after the filing of the amended complaint. Status hearing set for 9/23/2015 at 09:00 AM.Mailed notice (srn, ) (Entered: 07/21/2015) | |||
| 2015-07-28 | 14 | 0 | SECOND AMENDED complaint by Taki Peacock against Davis, Jane Doe, Shanelle Doe, Aveen (Bobby) Naqpal, Saleh Obaisi, B. Rigsyby, Torri, Wexford Health Services, Inc. (Attachments: # 1 Exhibit A)(Kiser, Charles) (Entered: 07/28/2015) | |||
| 2015-09-09 | 15 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. Saleh Obaisi waiver sent on 8/4/2015, answer due 10/5/2015. (Kiser, Charles) (Entered: 09/09/2015) | |||
| 2015-09-09 | 16 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. Nick Lamb waiver sent on 8/4/2015, answer due 10/5/2015. (Kiser, Charles) (Entered: 09/09/2015) | |||
| 2015-09-15 | 17 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. Aveen (Bobby) Naqpal waiver sent on 7/28/2015, answer due 9/28/2015. (Kiser, Charles) (Entered: 09/15/2015) | |||
| 2015-09-15 | 18 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. B. Rigsyby waiver sent on 7/28/2015, answer due 9/28/2015. (Kiser, Charles) (Entered: 09/15/2015) | |||
| 2015-09-17 | 19 | 0 | ATTORNEY Appearance for Defendant Saleh Obaisi by Robert Steven Tengesdal (Tengesdal, Robert) (Entered: 09/17/2015) | |||
| 2015-09-17 | 20 | 0 | ATTORNEY Appearance for Defendant Saleh Obaisi by James M. Gale (Gale, James) (Entered: 09/17/2015) | |||
| 2015-09-23 | 21 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 9/23/2015. Joint Status Report due by 10/20/2015. Status hearing set for 10/22/2015 at 09:00 AM. The filing of a responsive pleading by those defendants that have been served is deferred, and a date will be set at the next scheduled status hearing. Mailed notice (srn, ) (Entered: 09/23/2015) | |||
| 2015-09-23 | 22 | 0 | RETURN by U.S. Marshal Service regarding summons: The U.S. Marshal Service is unable to execute services without the USM 285 form. (tt, ) (Entered: 09/25/2015) | |||
| 2015-09-30 | 23 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. Wexford Health Services, Inc. waiver sent on 8/26/2015, answer due 10/26/2015. (Kiser, Charles) (Entered: 09/30/2015) | |||
| 2015-10-01 | 24 | 0 | ATTORNEY Appearance for Defendants Nick Lamb, Aveen (Bobby) Naqpal, B. Rigsyby by James Patrick Doran (Doran, James) (Entered: 10/01/2015) | |||
| 2015-10-19 | 25 | 0 | ATTORNEY Appearance for Defendants Davis, Wexford Health Services, Inc. by Robert Steven Tengesdal (Tengesdal, Robert) (Entered: 10/19/2015) | |||
| 2015-10-19 | 26 | 0 | ATTORNEY Appearance for Defendants Davis, Wexford Health Services, Inc. by James M. Gale (Gale, James) (Entered: 10/19/2015) | |||
| 2015-10-19 | 27 | 0 | MOTION by Defendants Davis, Saleh Obaisi, Wexford Health Services, Inc. for protective order Pursuant to HIPAA (uncontested) (Gale, James) (Entered: 10/19/2015) | |||
| 2015-10-19 | 28 | 0 | NOTICE of Motion by James M. Gale for presentment of motion for protective order 27 before Honorable Thomas M. Durkin on 10/22/2015 at 09:00 AM. (Gale, James) (Entered: 10/19/2015) | |||
| 2015-10-20 | 29 | 0 | PROTECTIVE Order: Defendants' unopposed motion for protective order 27 is granted. Signed by the Honorable Thomas M. Durkin on 10/20/2015:Mailed notice(srn, ) (Entered: 10/20/2015) | |||
| 2015-10-20 | 30 | 0 | STATUS Report Joint Initial by Taki Peacock (Kiser, Charles) (Entered: 10/20/2015) | |||
| 2015-10-20 | 31 | 0 | ATTORNEY Appearance for Plaintiff Taki Peacock by Elizabeth Ann LaRose (LaRose, Elizabeth) (Entered: 10/20/2015) | |||
| 2015-10-22 | 32 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 10/22/2015. Status hearing set for 11/24/2015 at 09:00 AM.Mailed notice (srn, ) (Entered: 10/22/2015) | |||
| 2015-11-17 | 34 | 0 | WAIVER OF SERVICE returned executed by Taki Peacock. Torri waiver sent on 10/15/2015, answer due 12/14/2015. (Kiser, Charles) (Entered: 11/17/2015) | |||
| 2015-11-20 | 35 | 0 | Third AMENDED complaint by Taki Peacock against Nick Lamb, Aveen (Bobby) Naqpal, Walter Nicholson, Saleh Obaisi, B. Rigsyby, Wexford Health Sources, Inc. and terminating Wexford Health Services, Inc., Jane Doe and Shanelle Doe (Attachments: # 1 Exhibit A)(Kiser, Charles) (Entered: 11/20/2015) | |||
| 2015-11-23 | 36 | 0 | ATTORNEY Appearance for Defendant Torri by James Patrick Doran (Doran, James) (Entered: 11/23/2015) | |||
| 2015-11-24 | 37 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 11/24/2015.Fact discovery is ordered closed by 5/1/2016. Status hearing set for 3/3/2016 at 09:00 AM. All defendants are to answer or otherwise plead by 12/14/15. Leave is granted to take the deposition of the incarcerated plaintiff. Mailed notice (srn, ) (Entered: 11/24/2015) | |||
| 2015-12-14 | 38 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Tengesdal, Robert) (Entered: 12/14/2015) | |||
| 2015-12-14 | 39 | 0 | MEMORANDUM by Wexford Health Services, Inc. in support of Motion to Dismiss for Failure to State a Claim 38 (Tengesdal, Robert) (Entered: 12/14/2015) | |||
| 2015-12-14 | 40 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Tengesdal, Robert) (Entered: 12/14/2015) | |||
| 2015-12-14 | 41 | 0 | MEMORANDUM by Davis, Saleh Obaisi in support of Motion to Dismiss for Failure to State a Claim 40 (Tengesdal, Robert) (Entered: 12/14/2015) | |||
| 2015-12-14 | 42 | 0 | NOTICE of Motion by Robert Steven Tengesdal for presentment of Motion to Dismiss for Failure to State a Claim 40 , Motion to Dismiss for Failure to State a Claim 38 before Honorable Thomas M. Durkin on 1/5/2016 at 09:00 AM. (Tengesdal, Robert) (Entered: 12/14/2015) | |||
| 2015-12-14 | 43 | 0 | ANSWER to amended complaint by Nick Lamb, Aveen (Bobby) Naqpal, B. Rigsyby, Torri(Doran, James) (Entered: 12/14/2015) | |||
| 2016-01-04 | 44 | 0 | MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's response to defendants' motions to dismiss for Failure to State a Claim 40 38 is due by 1/22/2016. Defendants' replies are due by 2/5/2016. No appearance required on 1/5/16. Mailed notice (srn, ) (Entered: 01/04/2016) | |||
| 2016-01-22 | 45 | 0 | RESPONSE by Taki Peacockin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 38 (Attachments: # 1 Exhibit A)(Kiser, Charles) (Entered: 01/22/2016) | |||
| 2016-01-22 | 46 | 0 | RESPONSE by Taki Peacockin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 40 (Kiser, Charles) (Entered: 01/22/2016) | |||
| 2016-02-05 | 47 | 0 | REPLY by Wexford Health Services, Inc. to response in opposition to motion 45 (Tengesdal, Robert) (Entered: 02/05/2016) | |||
| 2016-02-05 | 48 | 0 | REPLY by Davis, Saleh Obaisi to response in opposition to motion 46 (Tengesdal, Robert) (Entered: 02/05/2016) | |||
| 2016-03-02 | 49 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:On the Court's own motion, the 3/3/2016 status hearing is vacated and reset for 4/11/2016 at 09:00 AM.Mailed notice (srn, ) (Entered: 03/02/2016) | |||
| 2016-04-07 | 50 | 0 | MEMORANDUM Opinion and Order:For the foregoing reasons, Dr. Davis's and Dr. Obaisi's motion, R. 40 , is denied, and Wexford's motion, R. 38 , is granted. Peacock's claim against Wexford is dismissed without prejudice. Peacock is granted leave to file an amended complaint by May 11, 2016 if he believes he can cure the deficiencies regarding his claim against Wexford the Court has described in this opinion and order. If Peacock does not file an amended complaint by that date, the Court's dismissal of his claim against Wexford will become a dismissal with prejudice. Signed by the Honorable Thomas M. Durkin on 4/7/2016:Mailed notice(srn, ) (Entered: 04/07/2016) | |||
| 2016-04-11 | 51 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 4/11/2016. Close of discovery is extended to 8/26/2016. Status hearing set for 7/14/2016 at 09:00 AM.Mailed notice (srn, ) (Entered: 04/11/2016) | |||
| 2016-05-12 | 53 | 0 | ATTORNEY Appearance for Defendants Davis, Saleh Obaisi by Harrison A Cohen (Cohen, Harrison) (Entered: 05/12/2016) | |||
| 2016-05-13 | 54 | 0 | WITHDRAWING James M. Gale as counsel for Defendants Davis, Saleh Obaisi and substituting Harrison A Cohen as counsel of record (Cohen, Harrison) (Entered: 05/13/2016) | |||
| 2016-05-16 | 55 | 0 | MINUTE entry before the Honorable Thomas M. Durkin: Attorney James M. Gale terminated. Attorney Harrison A. Cohen is granted leave to file an appearance on behalf of defendants Saleh Obaisi, M.D., and Ann Hundley Davis, M.D.Mailed notice (srn, ) (Entered: 05/16/2016) | |||
| 2016-07-11 | 56 | 0 | MOTION by Defendants Davis, Saleh Obaisi for extension of time to complete discovery Unopposed (Cohen, Harrison) (Entered: 07/11/2016) | |||
| 2016-07-11 | 57 | 0 | NOTICE of Motion by Harrison A Cohen for presentment of motion for extension of time to complete discovery 56 before Honorable Thomas M. Durkin on 7/14/2016 at 09:00 AM. (Cohen, Harrison) (Entered: 07/11/2016) | |||
| 2016-07-12 | 58 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Defendants' Davis and Obaisi's unopposed motion for extension of time to complete discovery 56 is granted. Discovery ordered closed by 10/26/2016. The 7/14/2016 status date is vacated and reset for 11/2/2016 at 09:00 AM.Mailed notice (srn, ) (Entered: 07/12/2016) | |||
| 2016-07-14 | 59 | 0 | ATTORNEY Appearance for Defendants Nick Lamb, Aveen (Bobby) Naqpal, B. Rigsyby, Torri by Matthew T Fletcher (Fletcher, Matthew) (Entered: 07/14/2016) | |||
| 2016-07-19 | 60 | 0 | ANSWER to amended complaint by Saleh Obaisi(Tengesdal, Robert) (Entered: 07/19/2016) | |||
| 2016-07-19 | 61 | 0 | ANSWER to amended complaint by Davis(Tengesdal, Robert) (Entered: 07/19/2016) | |||
| 2016-10-20 | 62 | 0 | STIPULATION of Dismissal Plaintiff and Defendants Davis and Obaisi's Agreed Stipulation for Voluntary Dismissal (Tengesdal, Robert) (Docket Text Modified on 10/20/2016 by Clerk's Office) (eaa, ). (Entered: 10/20/2016) | |||
| 2016-10-20 | 63 | 0 | MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to stipulation, defendants Dr. Davis and Dr. Obaisi are hereby dismissed with prejudice with each side to bear their own costs and fees. Davis (Dr., in their individual and official capacities) and Saleh Obaisi terminated.Mailed notice (srn, ) (Entered: 10/20/2016) | |||
| 2016-10-24 | 64 | 0 | MOTION by Plaintiff Taki Peacock for extension of time to complete discovery [Uncontested] (Kiser, Charles) (Docket Text Modified on 10/25/2016 by Clerk's Office) (eaa, ). (Entered: 10/24/2016) | |||
| 2016-10-24 | 65 | 0 | NOTICE of Motion by Charles R Kiser for presentment of motion for extension of time to complete discovery 64 before Honorable Thomas M. Durkin on 10/27/2016 at 09:00 AM. (Kiser, Charles) (Entered: 10/24/2016) | |||
| 2016-10-26 | 66 | 0 | MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for extension of time to complete discovery 64 is granted. Discovery ordered closed by 12/15/2016. The 11/2/2016 status date is vacated and reset for 12/21/2016. No appearance is required on 10/27/2016.Mailed notice (jms, ) (Entered: 10/26/2016) | |||
| 2016-11-14 | 67 | 0 | MOTION by Plaintiff Taki Peacock to compel Responses/Documents to Plaintiff's First Request for Production of Documents (Attachments: # 1 Exhibit A-E)(Kiser, Charles) (Entered: 11/14/2016) | |||
| 2016-11-14 | 68 | 0 | NOTICE of Motion by Charles R Kiser for presentment of motion to compel 67 before Honorable Thomas M. Durkin on 11/17/2016 at 09:00 AM. (Kiser, Charles) (Entered: 11/14/2016) | |||
| 2016-11-16 | 69 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:At the request of plaintiff, its motion to compel 67 is withdrawn. The 11/17/2016 notice motion date is vacated.Mailed notice (srn, ) (Entered: 11/16/2016) | |||
| 2016-12-21 | 71 | 0 | MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 12/21/2016. This action is referred to Magistrate Judge Kim for a settlement conference.Mailed notice (srn, ) (Entered: 12/21/2016) | |||
| 2016-12-21 | 72 | 0 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: settlement conference.(srn, )Mailed notice. (Entered: 12/21/2016) | |||
| 2016-12-21 | 73 | 0 | MINUTE entry before the Honorable Young B. Kim: A preliminary settlement discussion with the attorneys of record is scheduled for January 11, 2017, at 9:30 a.m. by phone. The conference call number is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) (Entered: 12/21/2016) | |||
| 2017-01-11 | 74 | 0 | MINUTE entry before the Honorable Young B. Kim: Preliminary settlement discussion held by phone. An in-person settlement conference is scheduled for March 29, 2017, at 10:00 a.m. in courtroom 1019. Parties are ordered to review and follow the court's standing order on "Settlement Conferences" on its webpage. The individuals with the authority to settle this matter must appear in person. Plaintiff, who is an inmate at Stateville Correctional Center, may appear by video. Plaintiff to provide a settlement position statement to Defendants, with a copy to the court (proposed_order_kim@ilnd.uscourts.gov), by March 3, 2017. Defendants to respond in writing, with a copy to the court (Chambers 1000), by March 10, 2017. By the same deadline, Defendants are ordered to provide the court with a hard copy of the deposition transcripts of Defendants Rigsyby, Naqpal, and Torri, Correctional Officer Mau, and the third-party treating physician. Defendants are also directed to provide Plaintiff a draft settlement and release along with their settlement statement so that Plaintiff is advised of the collateral terms Defendants will require to settle this matter. If the settlement position statements, along with exhibits, are more than 10 pages, parties must submit a hard copy by hand delivery or by mail. These settlement position statements are not to be filed with the clerk's office. Mailed notice (ma,) (Entered: 01/11/2017) |