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Case: Bennett v. Spectrum Healthcare

1:02-cv-04993 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 16, 2002

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 16, 2002, in the U.S. District Court for the District of New Jersey, private counsel representing a group of New Jersey state prisoners filed a lawsuit pursuant to 42 U.S.C. § 1983 against contract medical care providers, their executives, and New Jersey corrections officials. In that complaint and a later, amended version, the prisoners alleged that they and their class had been exposed in the state's prisons to the Hepatitis C virus (HCV), or had been admitted to the prisons but no…

On October 16, 2002, in the U.S. District Court for the District of New Jersey, private counsel representing a group of New Jersey state prisoners filed a lawsuit pursuant to 42 U.S.C. § 1983 against contract medical care providers, their executives, and New Jersey corrections officials. In that complaint and a later, amended version, the prisoners alleged that they and their class had been exposed in the state's prisons to the Hepatitis C virus (HCV), or had been admitted to the prisons but not treated for the virus, or had contracted the virus in the prisons. They attributed these conditions to the deliberate indifference of the defendants, which allegedly violated the Eighth and Fourteenth Amendments' protections against cruel and unusual punishment. The plaintiffs also alleged that the defendants' conduct constituted negligence, medical malpractice, intentional infliction of emotional distress, and negligent infliction of emotional distress under state common law, and that the conduct also violated the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq. The plaintiffs sought monetary and injunctive relief. The class plaintiffs sought to represent included all past or present New Jersey state prisoners from between January 1990, and the date of filing the amended complaint, whether or not they had contracted HCV.

By the time the court adjudicated the class action issue, in May 2008, the New Jersey Department of Corrections had adopted major changes in how people with HCV were treated. According to papers filed with the court, its new program lined up with the federal Bureau of Prisons approach. In particular, the court (Judge Noel Hillman) found:

a. The health care provider for the department, CMS, subcontracted with the Cooper Health System and its Infectious Disease Department to provide infectious disease consultations to inmates. Cooper Hospital is also in the process of reviewing every HCV inmate's medical care to assure compliance with the FBOP's HCV Guidelines.

b. All inmates who meet the treatment criteria in the FBOP's HCV Guidelines are offered HCV pharmacologic treatment which they can accept or reject. Inmates who accept HCV medications are given a combination of pegylated interferon in combination with ribavirin. This pharmacologic treatment is FDA approved and recommended for use in the FBOP's HCV guidelines.

c. Inmates in New Jersey, including in excess of 7,000 admitted prior to February 1, 2003, have been given a Blood Borne Pathogen Risk Assessment. Inmates identified with a positive risk factor for HCV have been encouraged to consent to a HCV test.

d. Any inmate who requests an HCV test is given the test.

e. All inmates are given extensive counseling and education materials, a NJDOC video on HCV and direct communications with their healthcare providers.

f. The inmates' Electronic Medical Records have been updated with comprehensive HCV forms to assure more consistent and thorough HCV documentation.

g. The care and treatment of all HCV inmates is closely tracked.

h. CMS compiles and analyzes statistical data regarding New Jersey's HCV program to measure and analyze the effectiveness of the program. The data is shared with the NJDOC.

i. The NJDOC monitors the HCV care and treatment given to inmates and CMS is subject to contractual penalties if it does not comply with its contract.

Given that the injunctive relief requested by the plaintiffs was this same set of reforms, Judge Hillman denied the request for injunctive relief as moot. In addition, the court found that only prisoners who already had HCV were appropriate plaintiffs in the case--and that there was no evidence that this subset of the putative plaintiffs class was sufficiently numerous to justify class action status. It therefore denied class certification. As to two individual class members who had HCV, the court held there was sufficient evidence in the record to go to trial on their constitutional claims (though not on their Americans with Disabilities Act claims), and denied the state's motion for summary judgment.

In October 2009, the case settled for money damages. It seems from some papers filed by one of the plaintiffs that he may never actually have received his money, but when he sought the assistance of the court in enforcing the settlement against his lawyer, Judge Hillman ruled that the court lacked jurisdiction, and directed him to file a collection action in state court.

Summary Authors

Clearinghouse (10/13/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5742192/parties/bennett-v-spectrum-healthcare/


Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Rosen, Joel B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Feldman, Laura (Pennsylvania)

Marrone, Thomas More (Pennsylvania)

McDermott, J. Bradley (Pennsylvania)

Pinto, Rosemary (Pennsylvania)

Weinstock, Daniel S. (New Jersey)

Attorneys(s) for Defendant

Campbell, Sarah Brie (New Jersey)

Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Rosen, Joel B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Feldman, Laura (Pennsylvania)

Marrone, Thomas More (Pennsylvania)

McDermott, J. Bradley (Pennsylvania)

Pinto, Rosemary (Pennsylvania)

Weinstock, Daniel S. (New Jersey)

Attorneys(s) for Defendant

Campbell, Sarah Brie (New Jersey)

Chewning, Kerri E. (New Jersey)

Kuhn, Victoria L. (New Jersey)

Lesneski, Gary J. (New Jersey)

Moratti, Dianne M. (New Jersey)

Schneider, Joel (New Jersey)

Scott, Jeffrey M. (Pennsylvania)

Documents in the Clearinghouse

Document

1:02-cv-04993

Docket [PACER]

Oct. 15, 2010

Oct. 15, 2010

Docket
27

1:02-cv-04993

Amended Class Action Complaint

Bennett v. Correctional Medical Services

July 25, 2003

July 25, 2003

Complaint
84

1:02-cv-04993

Protective Order

Bennett v. Correctional Medical Services

Nov. 15, 2005

Nov. 15, 2005

Order/Opinion
88

1:02-cv-04993

Order [re: Partial Summary Judgment]

Bennett v. Correctional Medical Services

Dec. 21, 2005

Dec. 21, 2005

Order/Opinion
144

1:02-cv-04993

Order [re: Motion to Compel]

Feb. 9, 2007

Feb. 9, 2007

Order/Opinion
168

1:02-cv-04993

Opinion

Bennett v. Correctional Medical Services

May 14, 2008

May 14, 2008

Order/Opinion
169

1:02-cv-04993

Order

Bennett v. Correctional Medical Services

May 14, 2008

May 14, 2008

Order/Opinion
180

1:02-cv-04993

[Requesting an Order]

May 20, 2010

May 20, 2010

Pleading / Motion / Brief
182

1:02-cv-04993

Order

Oct. 15, 2010

Oct. 15, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5742192/bennett-v-spectrum-healthcare/

Last updated Nov. 1, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand; FILING FEE $150.00; RECEIPT #298052 (mfs) Additional attachment(s) added on 2/8/2005 (sk, ). (Entered: 10/21/2002)

Oct. 16, 2002

Oct. 16, 2002

2

NOTICE of Allocation and Assignment filed. ( Camden − Judge Stephen M. Orlofsky − Magistrate Judge Joel B. Rosen) (NM) (mfs) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

SUMMONSES issued for SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, DWIGHT HUTCHINSON (20 Days) (Mailed to Counsel) (mfs) (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

3

RETURN OF SERVICE executed personally as to DWIGHT HUTCHINSON 11/8/02 Answer due on 12/2/02 for DWIGHT HUTCHINSON (sb) (Entered: 11/20/2002)

Nov. 18, 2002

Nov. 18, 2002

4

LETTER By WALTER BENNETT for issuance of summons upon the STATE OF NJ. (ar1) (Entered: 11/21/2002)

Nov. 20, 2002

Nov. 20, 2002

SUMMONS issued for THE STATE OF NJ. (20 Days) (Mailed to Counsel) (ar1) (Entered: 11/21/2002)

Nov. 20, 2002

Nov. 20, 2002

5

WAIVER OF SERVICE RETURNED EXECUTED as to DWIGHT HUTCHINSON 11/8/02 Answer deadline projected for 1/7/03. (ar1) (Entered: 12/09/2002)

Dec. 6, 2002

Dec. 6, 2002

6

NOTICE of attorney appearance for SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA by JOEL SCHNEIDER (Cert of Serv) (sb) (Entered: 12/16/2002)

Dec. 10, 2002

Dec. 10, 2002

8

WAIVER OF SERVICE RETURNED EXECUTED as to SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA on 11/20/02 Answer deadline projected for 1/20/03. (ar1) (Entered: 01/06/2003)

Jan. 3, 2003

Jan. 3, 2003

9

LETTER By WALTER BENNETT for issuance of alias summons upon deft. STATE OF NEW JERSEY. (ar1) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

10

APPLICATION by DWIGHT HUTCHINSON and Clerk's Order extending time to answer. Answer due 1/22/03. (ar1) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

ALIAS SUMMONS issued for THE STATE OF NJ. (20 Days)(Mailed to Counsel) (ar1) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

11

ORDER, setting scheduling conference for 3:30pm on 2/18/03 . ( signed by Mag. Judge Joel B. Rosen ) (NM) (ar1) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

12

RETURN OF SERVICE executed as to THE STATE OF NJ 1/9/03 Answer due on 1/29/03. (ar1) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

13

NOTICE of attorney appearance as co−counsel for WALTER BENNETT by ROSEMARY PINTO. (ar1) (Entered: 01/31/2003)

Jan. 30, 2003

Jan. 30, 2003

14

WAIVER OF SERVICE RETURNED EXECUTED as to THE STATE OF NJ 1/9/03 Answer deadline projected for 3/10/03. (ar1) (Entered: 02/05/2003)

Feb. 3, 2003

Feb. 3, 2003

15

CONSENT ORDER that the time within which all defendants may answer or otherwise plead is hereby extended to February 14, 2003. (signed by Mag. Judge Joel B. Rosen) (NM) (er) Modified on 02/21/2003 (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

16

Notice of Intent to submit a Dispositive motion to dismiss portions of the complaint and for summary judgment by SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL AND WILLIAM ANDRADA. (ar1) (Entered: 02/19/2003)

Feb. 14, 2003

Feb. 14, 2003

17

Notice of Intent to submit a Dispositive motion to dismiss and or for summary judgment by DWIGHT HUTCHINSON AND THE STATE OF NJ. (ar1) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

18

Notice of MOTION for Derrick Howard, Esquire to appear pro hac vice by WALTER BENNETT, [18−1] motion referred to Mag. Judge Joel B. Motion set for 4/4/03 on [18−1] motion . (PO Subm)(Cert of Svc annexed with certification of Rosemary Pinto and affidavit Derrick Howard) (ar1) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

19

LETTER addressed to Judge Rosen by DWIGHT HUTCHINSON AND THE STATE OF NJ; Re: no opposition on motions for pro hac vice and dispositive briefing schedule. (ar1) (Entered: 03/10/2003)

March 10, 2003

March 10, 2003

Scheduling conference held before Mag. Judge Joel B. Rosen on 4/1/03. (js) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

20

SCHEDULING ORDER setting Status conference for 4:00pm on 6/10/03. ( signed by Mag. Judge Joel B. Rosen )(NM) (ar1) (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

21

AFFIDAVIT of Merit by David Zisa, M.D. on behalf of WALTER BENNETT. (ar1) (Entered: 04/11/2003)

April 11, 2003

April 11, 2003

22

ORDER granting [18−1] motion for Derrick Howard, Esquire to appear pro hac vice. (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

23

Notice of MOTION for leave to file amended complaint by WALTER BENNETT, Motion set for 6/20/03 on [23−1] motion . (Brief/PO Subm) (db) (Entered: 05/19/2003)

May 15, 2003

May 15, 2003

24

ORDER reassigning this action from Judge Orlofsky to Judge Wolfson. (signed by Chief Judge John W. Bissell) (NM) (db) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

Phone Status conference held before Mag. Judge Joel B. Rosen on 6/30/03. (js) (Entered: 07/02/2003)

June 30, 2003

June 30, 2003

25

Notice of MOTION for Alan M. Feldman, Esq. to appear pro hac vice by WALTER BENNETT [25−1] motion referred to Mag. Judge Joel B. Rosen Motion set for 9/5/03 on [25−1] motion . (PO Subm) (Cert of Serv) (sb) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

26

CERTIFICATION of Alan M. Feldman, Esq. on behalf of WALTER BENNETT supporting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice (sb) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

27

AMENDED COMPLAINT by WALTER BENNETT amending [1−1] complaint against JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (sb) Additional attachment(s) added on 2/8/2005 (sk, ). (Entered: 08/01/2003)

July 25, 2003

July 25, 2003

Clearinghouse
28

ORDER dismissing as moot [23−1] motion for leave to file amended complaint. (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 08/06/2003)

Aug. 1, 2003

Aug. 1, 2003

Status conference held before Mag. Judge Joel B. Rosen on 8/6/03. (er) (Entered: 08/08/2003)

Aug. 6, 2003

Aug. 6, 2003

29

SCHEDULING ORDER setting Status conference 2:00 10/21/03 (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 08/08/2003)

Aug. 8, 2003

Aug. 8, 2003

30

LETTER By WALTER BENNETT requesting summonses to be issued on the amended complaint. (sb) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

SUMMONS(ES) issued for JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (20 Days) (Handed to Courier) (sb) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

31

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 8/1/03; The following actions were taken: dismissing as moot [23−1] motion for leave to file amended complaint. Order entered. By Mag. Judge Joel B. Rosen (sb) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

32

SECOND AMENDED COMPLAINT by WALTER BENNETT, DANIEL AMOS, GREGORY ROYAL, JOHN LACEY, amending [27−1] amended complaint against DEVON BROWN (sb) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

33

LETTER By WALTER BENNETT requesting summonses to be issued as to certain defendants for the second amended complaint. (sb) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

34

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 9/3/03; The following actions were taken, granting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice. By Mag. Judge Joel B. Rosen (sb) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

35

ORDER granting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

SUMMONS(ES) issued for JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (20 Days) (Handed to Messenger) (sb) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

36

LETTER By WALTER BENNETT requesting summons to be issued as to defendant Devon Brown. (sb) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

SUMMONS issued for DEVON BROWN (20 Days) (Handed to Courier) (sb) (Entered: 09/29/2003)

Sept. 29, 2003

Sept. 29, 2003

37

WAIVER OF SERVICE RETURNED EXECUTED as to ABU AHSAN 7/25/03 Answer deadline projected for 9/23/03 (sb) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

38

WAIVER OF SERVICE RETURNED EXECUTED as to JAMES RUMAN 7/25/03 Answer deadline projected for 9/23/03 (sb) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

40

WAIVER OF SERVICE RETURNED EXECUTED as to DEVON BROWN 8/21/03 Answer deadline projected for 10/20/03 (sb) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

41

SCHEDULING ORDER setting Status conference 2:30 2/9/04 (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

Status conference held before Mag. Judge Joel B. Rosen on 10/21/03. (db) (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

42

WAIVER OF SERVICE RETURNED EXECUTED as to JAMES J. NEAL 8/21/03 Answer deadline projected for 10/20/03 (sb) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

Short Phone/Status conference held before Mag. Judge Joel B. Rosen on 11/17/03. (js) (Entered: 11/20/2003)

Nov. 17, 2003

Nov. 17, 2003

43

CLASS ACTION SCHEDULING ORDER setting Dispositive Motion due on or before 5/14/04 and setting certain deadlines. (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 11/20/2003)

Nov. 19, 2003

Nov. 19, 2003

44

Notice of MOTION to dismiss count six of plaintiffs' second amended complaint and for partial summary judgment as to plaintiffs' claims for injunctive and declarartory relief by CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN, Motion set 2/6/04 on [44−1] motion, set for 2/6/04 on [44−2] motion . (Brief/PO Subm) (Cert of Serv) (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

45

STATEMENT of Material Facts by CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

46

AFFIDAVIT of Louis C. Tripoli on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

47

AFFIDAVIT of Lionel Anicette, Jr. on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

48

AFFIDAVIT of Victor Wijesinghe on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

49

AFFIDAVIT of Joel Schneider on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

50

ANSWER by JAMES J. NEAL to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

51

ANSWER by CORRECTIONAL MEDICAL to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

52

ANSWER by JAMES RUMAN to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

53

ANSWER by ABU AHSAN to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

55

ANSWER by LOUIS TRIPOLL to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

56

ANSWER by ROCK WELCH to second amended complaint (sb) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

57

Notice of MOTION to dismiss and for Summary judgment by DEVON BROWN, Motion set for 1/16/04 on [57−1] motion . (Brief/PO Subm) (er) (Entered: 12/30/2003)

Dec. 24, 2003

Dec. 24, 2003

58

STATEMENT of uncontested facts by DEVON BROWN (er) (Entered: 12/30/2003)

Dec. 24, 2003

Dec. 24, 2003

59

CERTIFICATE OF SERVICE by DEVON BROWN Service Re: [58−1] statement, [57−1] motion to dismiss and for Summary judgment (er) (Entered: 12/30/2003)

Dec. 24, 2003

Dec. 24, 2003

60

CONSENT ORDER directing Riverfront State Prison to produce inmates Daniel Amos and John Lacey for depositions. Signed by Judge Joel B. Rosen on 1/8/04. (sb) (Entered: 01/09/2004)

Jan. 8, 2004

Jan. 8, 2004

61

CONSENT ORDER for the deposition of inmate plaintiff, Gregory M. Royal. Signed by Judge Joel B. Rosen on 1/14/04. (sb) (Entered: 01/16/2004)

Jan. 14, 2004

Jan. 14, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 1/27/2004. (bb, ) (Entered: 01/28/2004)

Jan. 27, 2004

Jan. 27, 2004

62

SCHEDULING ORDER: Status Conference set for 4/22/2004 02:30 PM before Magistrate Judge Joel B. Rosen.Signed by Judge Joel B. Rosen on 2/23/04. (sb) (Entered: 02/24/2004)

Feb. 23, 2004

Feb. 23, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 2/23/2004. (bb, ) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

63

REVISED SCHEDULING ORDER: Motions due by 5/17/2004.Signed by Judge Joel B. Rosen on 3/4/04. (sb) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

64

CONSENT PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 3/8/04. (sb) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

65

ORDER for the deposition of inmate plaintiff, Daniel L. Amos. Signed by Judge Joel B. Rosen on 4/7/04. (sb) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

66

Mail Returned as Undeliverable. Mail sent to Rosemary Pinto. No forwarding address. (sb) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

67

Mail Returned as Undeliverable. Mail sent to Rosemary Pinto. No forwarding address. (sb) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 4/22/2004. (bb, ) (Entered: 04/27/2004)

April 22, 2004

April 22, 2004

68

REVISED SCHEDULING ORDER: Motions due by 6/15/2004. Signed by Judge Joel B. Rosen on 5/7/04. (sb) (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 5/19/2004, Telephone Conference held on 5/19/2004. (bb, ) (Entered: 05/20/2004)

May 19, 2004

May 19, 2004

69

NOTICE of Attorney Appearance by Thomas More Marrone, Esq. and Daniel S. Weinstock, Esq. by DANIEL AMOS, WALTER BENNETT, JOHN LACEY, GREGORY ROYAL (sb) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

70

NOTICE of exclusion by putative class member, Jerald D. Albrecht. (sb) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

71

REVISED SCHEDULING ORDER setting certain deadlines. Signed by Judge Joel B. Rosen on 6/1/04. (sb) (Entered: 06/03/2004)

June 1, 2004

June 1, 2004

Setting return date as to 72 MOTION for a Stay of Proceedings pursuant to the Servicemembers Civil Relief Act for 7/16/2004 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/10/2004)

June 9, 2004

June 9, 2004

73

RESPONSE in Support re 72 MOTION to Stay Proceedings Pursuant to Servicemembers Civil Relief Act filed by ABU AHSAN, WILLIAM ANDRADA, CORRECTIONAL MEDICAL SERVICES, INC., JAMES J. NEAL, JAMES RUMAN, ROCK WELCH. (Attachments: # 1 Certificate of Service)(SCHNEIDER, JOEL) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

76

BRIEF in Opposition re 72 MOTION to Stay filed by DANIEL AMOS, WALTER BENNETT, JOHN LACEY, GREGORY ROYAL. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(sb) (Entered: 06/28/2004)

June 23, 2004

June 23, 2004

74

MOTION for Summary Judgment by DEVON BROWN. Responses due by 8/16/2004 (Attachments: # 1 Brief in Support of Motion for Summary Judgment# 2 Statement of Uncontested Facts# 3 Affidavit of Dr. Richard Cevasco# 4 Exhibit A through M# 5 Cover Page for Volume II# 6 Title Page Volume II# 7 Exhibit N and Numbers 1 through 3# 8 Exhibit Numbers 4 through 6# 9 Exhibit Numbers 7 through 9# 10 Text of Proposed Order # 11 Certification of Service)(KUHN, VICTORIA) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

75

MOTION to Dismiss and Motion for Partial Summary Judgment by ABU AHSAN, WILLIAM ANDRADA, CORRECTIONAL MEDICAL SERVICES, INC., JAMES J. NEAL, JAMES RUMAN, LOUIS TRIPOLL, ROCK WELCH. Responses due by 7/9/2004 (Attachments: # 1 Brief in Support of Motion# 2 Statement Material Facts# 3 Affidavit Joel Schneider# 4 Exhibit A−C of Schneider# 5 Exhibit D Schneider Affidavit# 6 Exhibit E−K Schneider Affidavit# 7 Exhibit L Schneider Affidavit# 8 Exhibit M−P Schneider Affidavit# 9 Affidavit Victor W# 10 Affidavit Anicette (Part 1)# 11 Affidavit Anicette (Part 2)# 12 Affidavit Tripoli# 13 Exhibit Part 1 Tripoli Affidavit# 14 Exhibit Part 2 Tripoli Affidavit# 15 Exhibit Part 3 Tripoli Affidavit# 16 Exhibit Part 4 Tripoli Affidavit# 17 Affidavit Ahsan# 18 Certification of Service# 19 Text of Proposed Order)(SCHNEIDER, JOEL) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

Setting return date as to 74 MOTION for Summary Judgment, 75 MOTION to Dismiss and Motion for Partial Summary Judgment for 8/6/2004 before Judge Freda L. Wolfson. PLEASE BE ADVISED THAT THESE MOTIONS WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/28/2004)

June 25, 2004

June 25, 2004

77

REPLY to Response to Motion re 72 MOTION to Stay Proceedings Pursuant to The Servicemembers Civil Relief Act filed by LOUIS TRIPOLL. (Attachments: # 1 Exhibit 8# 2 Certificate of Service)(SCHNEIDER, JOEL) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Discovery Hearing held on 7/1/2004. (bb, ) (Entered: 07/02/2004)

July 1, 2004

July 1, 2004

78

ORDER OF ADMINISTRATIVE TERMINATION WITHOUT PREJUDICE. Signed by Judge Joel B. Rosen on 7/2/04. (sb) (Entered: 07/02/2004)

July 2, 2004

July 2, 2004

***Civil Case Terminated. (sb) (Entered: 07/02/2004)

July 2, 2004

July 2, 2004

79

TRANSCRIPT of Proceedings held on July 1, 2004 before Judge Joel B. Rosen. Court Reporter: J &J Court Transcribers, Inc. (sb) (Entered: 07/20/2004)

July 19, 2004

July 19, 2004

80

SCHEDULING ORDER: Status Conference set for 6/3/2005 10:30 AM before Magistrate Judge Joel B. Rosen. Amended Pleadings due by 7/1/2005. Discovery due by 9/30/2005. Motions due by 3/30/2006.Signed by Judge Joel B. Rosen on 3/11/05. (sb) (Entered: 03/11/2005)

March 11, 2005

March 11, 2005

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 8/11/2005. (bb) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

82

SCHEDULING ORDER: Status Conference set for 11/28/2005 10:00 AM and on December 15, 2005 at 2:30PM before Magistrate Judge Joel B. Rosen. Discovery due by 12/30/2005.Signed by Judge Joel B. Rosen on 10/7/05. (sb) (Entered: 10/11/2005)

Oct. 7, 2005

Oct. 7, 2005

83

MOTION for Partial Summary Judgment to Dismiss the Common Law Claims of Daniel Amos, Gregory Royal and John Lacey by JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN, CORRECTIONAL MEDICAL SERVICES, INC., LOUIS TRIPOLL, WILLIAM ANDRADA. Responses due by 11/29/2005 (Attachments: # 1 Brief # 2 Affidavit of Kerri E. Chewning, Esquire with attached Exhibits# 3 Text of Proposed Order # 4 Civil Cover Sheet)(CHEWNING, KERRI) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

84

PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 11/15/05. (sb) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

Clearinghouse

Setting return date as to 83 MOTION for Partial Summary Judgment to Dismiss the Common Law Claims of Daniel Amos, Gregory Royal and John Lacey for 12/16/2005 before Judge Freda L. Wolfson. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 16, 2002

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class action status denied: was sought for all individuals who are or were incarcerated in New Jersey State prisons from January 1990 to the present. Individual plaintiffs were New Jersey prisoners with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Spectrum Healthcare Services, Inc., Private Entity/Person

Correctional Medical Services, Inc., Private Entity/Person

State of New Jersey, Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Medical/Mental Health:

Hepatitis

Medical care, general

Type of Facility:

Government-run