The Estate of Angela Enoch v. Tienor

Flynn v. Doyle

Flournoy v. Doyle

2007 WL 805788, 2007 U.S.Dist.LEXIS 22659

630 F.Supp.2d 987

ORDER signed by Judge Rudolph T Randa on March 14, 2007 granting 38 Motion for Leave to File; finding as moot 39 Motion to Continue; granting 50 Motion for Leave to File; granting 51 Motion for Leave to File; granting 2 Motion to Certify Class; denying 20 Motion for Summary Judgment; finding as moot 22 Motion to Stay. (cc: all counsel) (Randa, Rudolph)

COMPLAINT (Summons(es) issued) against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Consent Forms Distributed for Magistrate Judge A.E. Goodstein. Jury Demand; (Filing Fee Paid $350 receipt#102130483).(jv) Document added on 5/1/2007 (bet) (Entered: 04/24/2007)

PDF Document Requirement form sent to James J. Gende, II regarding Complaint with attachments filed on 4/23/07 (Second Notice). (jld)

ORDER granting 59 Joint MOTION to Modify Scheduling Order. Signed by Judge Rudolph T Randa on April 16, 2007. Amended Pleadings due by 6/15/2007, Discovery due by 11/21/2007, Plaintiffs Expert Witness List due by 9/7/2007, Defendants Expert Witness List due by 10/9/2007, Rebuttal Experts due by 11/09/2007, Dispositive Motions due by 12/21/2007. (cc: all counsel)(Randa, Rudolph)

Docket Annotation ; Second reminder to file the certificate of interest sent to Attorney James J. Gende, II. (jld)

ORDER signed by Judge Rudolph T Randa on July 17, 2007 granting 65 Motion to Modify. (cc: all counsel) (Randa, Rudolph)

Consent to Jurisdiction by US Magistrate Judge by all plaintiffs. (Gende, James)

ORDER signed by Judge Rudolph T Randa on January 24, 2008 granting 77 Motion to Take Deposition from prisoners; denying 84 Motion for Discovery. (cc: all counsel) (Koll, J)

Amended Consent to Jurisdiction by US Magistrate Judge by all plaintiffs. (Gende, James)

ORDER Authorizing Disclosure of Alcohol and Drug Abuse Patient Records signed by Chief Judge Rudolph T Randa on 10/10/2008. (cc: all counsel) (Koll, J)

ORDER signed by Chief Judge Rudolph T Randa on 04/24/2009 granting 123 Motion for Preliminary Injunction. [See order for filing deadlines.] (cc: all counsel) (Koll, J)

Defendants' ANSWER to Complaint with Jury Demand by Jess M Gonzalez, Lori A Amend, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, Kevin Kallas, Donald Hands, Patrick A Tienor, RN, Judith Stemper, RN. (Attachments: # 1)(Sullivan, Francis)

LETTER from deputy clerk to Asst. A.G. Francis X. Sullivan regarding magistrate judge consent/refusal form (vlh)

DECISION AND ORDER signed by Judge Rudolph T Randa on 11/24/2009 granting in part and denying in part 130 Defendants' Motion for Partial Summary Judgment.Telephonic Scheduling Conference set for 12/9/2009 10:30 AM before Judge Rudolph T Randa. All parties shall dial the Sprint Telephone Operator to participate. See Order for details. (cc: all counsel) (Randa, Rudolph)

ORDER signed by Judge Rudolph T Randa on 08/23/2010 granting 261 Motion To Withdraw Class Representative. (cc: all counsel) (Koll, J)

Refusal to Jurisdiction by US Magistrate Judge by all defendants. (Attachments: # 1 Certificate of Service)(Sullivan, Francis)

ORDER signed by Judge Rudolph T Randa on 08/24/2010 granting 262 Motion for Preliminary Approval of the Settlement Agreement, Ordering Notice to the Class, and Scheduling a Fairness Hearing. Fairness Hearing set for 12/2/2010 10:30 AM in Courtroom 320, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge Rudolph T Randa. (cc: all counsel) (Koll, J)

CERTIFICATE of Interest by all plaintiffs. (Gende, James)

NOTICE of Hearing: Federal Rule of Civil Procedure 16(b) Telephonic Scheduling Conference set for 10/11/2007 09:30 AM before Chief Judge Rudolph T Randa. (cc: all counsel) (Zik, Linda)

SUMMONS Returned Executed by all plaintiffs. Tonya R Alexander−Krings served on 7/27/2007, answer due 8/16/2007. (Gende, James)

ANSWER to Complaint with Jury Demand by Tonya R Alexander−Krings. (Attachments: # 1 Certificate of Service)(Sullivan, Francis)

LETTER from Monica Burkert−Brist requesting removal of Frank X. Sullivan's name and replacing with my name . (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

LETTER from Monica Burkert−Brist to request that Jody J. Schmelzer's name be added to this case . (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

PROPOSED Proposed Scheduling Order filed by all plaintiffs. (Gende, James)

Minute Entry for proceedings held before Judge Rudolph T Randa: Telehponic Scheduling Conference held on 10/11/2007. Amended Pleadings due by 1/31/2008. Plaintiffs Expert Witness List due by 1/31/2008. Defendants Expert Witness List due by 3/31/2008. Lay Discovery due by 5/31/2008. Expert Discovery due 6/15/2008. Dispositive Motions due by 7/1/2008. Telephonic Final Pretrial Conference set for 1/23/2009 10:00 AM before Chief Judge Rudolph T Randa. 2−week Jury Trial set for 2/17/2009 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (Randa, Rudolph) (Entered: 10/12/2007)

SCHEDULING ORDER: signed by Judge Rudolph T Randa on 10/12/2007. See Hearing Minutes above. (cc: all counsel) (Randa, Rudolph)

Docket Annotation − E−mail sent to Asst. A.G. Monica Burkert−Brist regarding entry at no. 18. (vlh)

STIPULATED PROTECTIVE ORDER signed by Judge Rudolph T Randa on December 10, 2007. (cc: all counsel)(Randa, Rudolph) (Entered: 12/12/2007)

MOTION for Protective Order Disallowing Certain Discovery by all defendants. (Burkert Brist, Monica)

BRIEF in Support filed by all defendants re 21 MOTION for Protective Order Disallowing Certain Discovery Regarding Production of Mortality Review Report . (Burkert Brist, Monica)

AFFIDAVIT of Kevin Kallas. (Attachments: # 1 Exhibit)(Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants for the Defendants' Motion for a Protective Order Disallowing Certain Discovery, Defendants' Brief in Support of Their Motion for a Protective Order Regarding Production of Mortality Review Report, and the Affidavit of Kevin Kallas (Burkert Brist, Monica)

AMENDED COMPLAINT against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Jury Demand.(Gende, James)

CERTIFICATE OF SERVICE by all plaintiffs for Amended Complaint (Gende, James)

MOTION for More Definite Statement As To Amended Complaint by all defendants. (Burkert Brist, Monica)

AFFIDAVIT of Monica Burkert−Brist. (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants for Defendants' Motion For A More Definite Statement As To Amended Complaint and the Affidavit of Monica Burkert−Brist (Burkert Brist, Monica)

AMENDED COMPLAINT against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Jury Demand. (Attachments: # 1 Exhibit Exhibit to Amended Complaint# 2 Letter Cover Letter to Amended Complaint# 3 Certificate of Service Certificate of Service)(Gende, James)

BRIEF in Opposition filed by all plaintiffs re 21 MOTION for Protective Order Disallowing Certain Discovery . (Attachments: # 1 Affidavit of James J. Gende II in Opposition to Defendants' Motion for a Protective Order# 2 Exhibit A to Affidavit of James J. Gende II in Opposition to Defendants' Motion for a Protective Order# 3 Certificate of Service Brief in Opposition and Affidavit with Exhibit)(Gende, James)

REPLY BRIEF in Support filed by all defendants re 21 MOTION for Protective Order Disallowing Certain Discovery Regarding Production of Mortality Review Report . (Burkert Brist, Monica)

Reply AFFIDAVIT of Monica Burkert−Brist Regarding Mortality Review Documents . (Attachments: # 1 Exhibit A)(Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants for Defendants' Reply Brief in Support of Their Motion for a Protective Order Regarding Production of Mortality Review Report and the Reply Affidavit of Monica Burkert−Brist Regarding Mortality Review Documents (Burkert Brist, Monica)

Defendants' ANSWER to Amended Complaint with Jury Demand by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN. (Attachments: # 1 Attachment)(Burkert Brist, Monica)

BRIEF in Support filed by all defendants re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants for Defendants' Answer to Plaintiffs' Amended Complaint, (Frank, Nelson and Doyle not filers in this document) Defendants' Motion for Dismissal of Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank, and Defendants' Brief in Support of Motion to Dismiss Portions of Amended Complaint (Burkert Brist, Monica)

MOTION to Stay Discovery by all defendants. (Burkert Brist, Monica)

AFFIDAVIT of Monica Burkert−Brist in Support of Motion to Stay Discovery . (Burkert Brist, Monica)

AFFIDAVIT of Nanette R. Scheel in Support of Motion to Stay Discovery . (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants (Burkert Brist, Monica)

WAIVER OF SERVICE Returned Executed by Helene Nelson waiver sent on 1/7/2008, answer due 3/7/2008. (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

BRIEF in Opposition filed by all plaintiffs re 39 MOTION to Stay Discovery . (Gende, James)

BRIEF [in support of plaintiffs' request for protective order] filed by all plaintiffs re 44 Brief in Opposition to Motion to Stay Discovery . (Attachments: # 1 Affidavit Affidavit of James J. Gende, II In Support of Plaintiffs Brief in Opposition to Defendants Motion to Stay Discovery and Plaintiffs Brief in Support of its Request for a Protective Order# 2 Exhibit to Affidavit of James J. Gende II# 3 Certificate of Service)(Gende, James) Modified on 1/28/2008 (vlh).

BRIEF in Opposition filed by all plaintiffs re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Gende, James)

AFFIDAVIT of James J. Gende, II in Support of Plaintiffs' Brief in Opposition to Defendants Motion to Dismiss portions of the Amended Complaint . (Attachments: # 1 Exhibit Exhibit to Affidavit of James Gende)(Gende, James)

CERTIFICATE OF SERVICE by all plaintiffs (Gende, James)

REPLY BRIEF in Support filed by Helene Nelson, James Doyle, Matthew Frank re 39 MOTION to Stay Discovery . (Burkert Brist, Monica)

REPLY BRIEF in Support filed by all defendants re 39 MOTION to Stay Discovery for the Purpose of Investigating Conduct of Plaintiffs' Counsel . (Burkert Brist, Monica)

Reply AFFIDAVIT of Monica Burkert−Brist in Support of Defendants' Motion to Stay Discovery . (Attachments: # 1)(Burkert Brist, Monica)

AFFIDAVIT of Tonya R. Alexander−Krings. (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants for the Reply Brief in Support of Motion to Stay Discovery on Behalf of James Doyle, Matthew Frank and Helene Nelson, and Defendants' Reply Brief in Support of Motion to Stay Discovery for the Purpose of Investigating Conduct of Plaintiffs' Counsel and the Reply Affidavit of Monica Burkert−Brist in Support of Defendants' Motion to Stay Discovery, and the Affidavit of Tonya R. Alexander−Krings (Burkert Brist, Monica)

MOTION to Strike Defendants' Second Reply Brief by all plaintiffs. (Gende, James) 2:07-cv-376 As of: 12/06/2013 12:06 AM CST 12 of 23

CERTIFICATE OF SERVICE by all plaintiffs (Gende, James)

STIPULATION of Counsel Concerning Defendants' Motion to Stay Discovery Dated January 18, 2008 by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN. (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

MARGIN ORDER approving stipulation of counsel concerning defendants' motion to stay discovery dated January 18, 2008. Motions terminated: 54 MOTION to Strike Defendants' Second Reply Brief 21 MOTION for Protective Order Disallowing Certain Discovery. Signed by Chief Judge Rudolph T Randa on February 19, 2008. (cc: all counsel)(Koll, J)

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

REPLY BRIEF in Support filed by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

MARGIN ORDER approving 60 MOTION to Withdraw Motion for a Protective Order Disallowing Certain Discovery Related to Inmate Mortality Review Records. Signed by Chief Judge Rudolph T Randa on February 21, 2008. (cc: all counsel)(Koll, J) 2:07-cv-376 As of: 12/06/2013 12:06 AM CST 13 of 23

MOTION to Stay Discovery by Tonya R Alexander−Krings. (Burkert Brist, Monica)

BRIEF in Opposition filed by Tonya R Alexander−Krings re 64 First MOTION to Compel, [AND IN SUPPORT OF] 65 MOTION to Stay Discovery . (Burkert Brist, Monica) Modified on 3/31/2008 (vlh).

MOTION to Seal Affidavit of Monica Burkert−Brist and Exhibits ABand to submit Exhibit B for In Camera Inspection Only by Tonya R Alexander−Krings. (Burkert Brist, Monica)

PROPOSED Order to Seal Affidavit of Monica Burkert−Brist and its Exhibits ABand to View Exhibit B In Camera Inspection Only filed by Tonya R Alexander−Krings. (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by Tonya R Alexander−Krings (Burkert Brist, Monica)

Document sealed as to Tonya R Alexander−Krings. (vlh) Document unsealed on 1/5/12 per order. Modified on 1/5/2012 (kmm). (Entered: 04/01/2008)

ORDER signed by Chief Judge Rudolph T Randa on April 10, 2008 granting 67 Motion to Seal. (cc: all counsel) (Koll, J)

BRIEF in Support filed by all plaintiffs re 64 First MOTION to Compel. (Attachments: # 1 Affidavit Second Affidavit of James J. Gende, # 2 Exhibit Exhibit to Second Affidavit of James J. Gende, # 3 Certificate of Service Brief in Support of Plaintiffs' Motion to Compel)(Gende, James)

BRIEF in Opposition filed by all plaintiffs re 65 MOTION to Stay Discovery . (Attachments: # 1 Certificate of Service)(Gende, James)

STIPULATION of Counsel to Stay Further Briefing and Decision on Plaintiffs Motion to Compel and Defendants Motion for Protective Order by all parties. (Attachments: # 1 Letter)(Gende, James)

PROPOSED filed by all parties. (Attachments: # 1 Certificate of Service)(Gende, James)

Docket Annotation − E−mail regarding proposed order at docket entry 76 (vlh)

ORDER REFERRING CASE to Magistrate Judge Aaron E Goodstein for mediation. Signed by Chief Judge Rudolph T Randa on April 28, 2008. (cc: all counsel)(Koll, J)

ORDER REGARDING SETTLEMENT PROCEEDINGS signed by Magistrate Judge Aaron E Goodstein on 5/2/2008. Settlement Conference set for 6/3/2008 at 9:30 AM in Courtroom 254 before Magistrate Judge Aaron E Goodstein. SEE Order for all deadlines and instructions. (cc: all counsel)(Goodstein, A.)

MOTION for Discovery Notice of Motion and Rule 7.4 Expedited Non−Dispositive Motion Requesting Leave to Depose an Incarcerated Person by all defendants. (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

First MOTION to Appoint Counsel for minors by Amber Enoch. (Attachments: # 1 Certificate of Service)(Gende, James)

First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) by all defendants. (Attachments: # 1 Exhibit A [Proposed Amended Answer to Amended Complaint], # 2 [Incorrect Attachment] Certificate of Service)(Burkert Brist, Monica) Modified on 5/8/2008 (vlh). (Additional attachment(s) added on 5/8/2008: # 3 Rule 7.4 Motion for Leave to Amend) (vlh).

RESPONSE to Motion filed by all plaintiffs re 82 First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) . (Gende, James)

AFFIDAVIT of James J. Gende In opposition to defendants' motion for leave to file amended answer . (Gende, James)

CERTIFICATE OF SERVICE by all plaintiffs Plaintiffs' Opposition to Defendandants' Request for Leave to Amend Pleading, Affid. of James J. Gende II in Opposition to Amend Pleadings (Gende, James)

Amended AFFIDAVIT of James J. Gende Opposing Amendments to Pleadings . (Gende, James)

Second Amended AFFIDAVIT of James J. Gende opposing amendments to pleadings . (Gende, James)

MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer by all defendants. (Burkert Brist, Monica)

REPLY BRIEF in Support filed by all defendants re 82 First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) , 88 MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer . (Burkert Brist, Monica)

CERTIFICATE OF SERVICE by all defendants Regarding Documents 88 and 89 (Burkert Brist, Monica)

MARGIN ORDER approving 88 MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer. Signed by Chief Judge Rudolph T Randa on May 15, 2008. (cc: all counsel)(Koll, J)

ORDER signed by Chief Judge Rudolph T Randa on May 22, 2008 granting 81 Motion to Appoint Guardian Ad Litem. The plaintiffs should submit the names of appropriate guardian ad litems for the Court's approval (cc: all counsel) (Koll, J) (Entered: 05/27/2008)

AMENDED ANSWER by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, &Judith Stemper, RN to 30 Amended Complaint (vlh) (Entered: 05/28/2008)

NOTICE of Hearing: (cc: all counsel) Telephone Conference set for 5/30/2008 at 2:00 PM before Magistrate Judge Aaron E Goodstein to discuss possible adjournment of 6/3 settlement conference in view of appointment of guardian ad litem. The court will initiate the call. Participating counsel shall notify chambers of a direct dial number for the telephone conference by 5/29.(Quinn, C. Deputy Clerk)

Minute Entry for proceedings held before Magistrate Judge Aaron E Goodstein: Settlement Scheduling Conference held on 5/29/2008; settlement conference continued to 6/19/08 at 9:30am (vkb)

NOTICE RESCHEDULING HEARING: The Settlement Conference is adjourned to June 19, 2008, at 9:30 A.M. in view of Chief Judge Randa's Order granting appointment of guardian ad litem for mediation. (Quinn, C., Deputy Clerk)