Case: Brash v. Wexford Health Source, Inc.

2:02-cv-14331 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 6, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District Of Florida, pursuant to 18 U.S.C. §1983, alleging that his Eighth Amendment right to be free of cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; also…

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District Of Florida, pursuant to 18 U.S.C. §1983, alleging that his Eighth Amendment right to be free of cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; also named as defendants were associated state and corporate individuals overseeing the contract medical provider's conduct. The plaintiff alleged that he had been treated elsewhere in the Florida prison system for his Hepatitis-C and cirrhosis but, upon being transferred to OCI, the medically-indicated treatments halted and solely for cost-saving reasons, according to plaintiff. Needing Interferon and Ribavirin treatments for his condition, he sought injunctive relief and attorneys' fees.

At the same time he filed his complaint, the plaintiff also sought, via motion, a preliminary injunction to require the defendants arrange that a gastroenterologist consult with plaintiff and provide the requested FDA-approved treatment regimen. On January 15, 2003, the defense opposition to the motion stated that the matter arose from a difference of opinion between doctors about medical care and was not a matter of deliberate indifference to plaintiff's medical needs. The plaintiff's February 17, 2003, sought to convince the court that the medical opinions cited in the defense opposition document were not reliable and self-serving, compared to the plaintiff's medical experts' opinions.

U.S. Magistrate Judge Frank J. Lynch, Jr., recommended on March 4, 2003, to the District Judge that the motion for preliminary injunction be denied but, on April 28, 2003, U.S. District Judge James C. Paine reversed the magistrate's recommendation and issued the requested injunctive relief. Judge Paine ruled that plaintiff had sufficiently shown a substantial threat of irreparable injury and a substantial likelihood of prevailing on the merits of his Eighth Amendment claim. These orders were unpublished, as was Judge Paine's July 24, 2003, order making permanent the preliminary injunction, requiring the Interferon and Ribavirin treatments, and directing the parties to attempt to resolve the attorneys' fee issues within ninety days.

On November 18, 2003, plaintiff's counsel filed a notice with the court that a settlement had been reached with the defendant on the matter of attorney fee payment. Specifics were not provided. On January 12, 2004, Judge Paine directed the court clerk to close the case, but reserved jurisdiction to enforce the previously-entered injunction. Accordingly, the case was closed.

Summary Authors

Mike Fagan (4/14/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6151769/parties/brash-v-wexford-health/


Judge(s)

Lynch, Frank J. Jr. (Florida)

Paine, James Carriger (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

Chusid, Mitchel (Florida)

Martin, Valerie Jo (Florida)

Patrissi, Patrick (Florida)

Sharon, Lynn Eileen (Florida)

Judge(s)

Lynch, Frank J. Jr. (Florida)

Paine, James Carriger (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

Chusid, Mitchel (Florida)

Martin, Valerie Jo (Florida)

Patrissi, Patrick (Florida)

Sharon, Lynn Eileen (Florida)

Documents in the Clearinghouse

Document

Docket (PACER)

June 10, 2004 Docket
2

Motion for Preliminary Injunction with Incorporated Memorandum of Law

Dec. 6, 2002 Pleading / Motion / Brief
1

Verified Complaint

Dec. 6, 2002 Complaint

Defendants' Wexford Health Sources, Inc and David Rowe's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and Motion for a Prompt Hearing

Jan. 15, 2003 Pleading / Motion / Brief
38

Plaintiff's Reply Memorandum in Opposition to Defendants' Responses to Plaintiff's Motion for a Preliminary Injunction

Feb. 18, 2003 Pleading / Motion / Brief
67

Order

April 29, 2003 Order/Opinion
106

Order

July 24, 2003 Order/Opinion
111

Plaintiff's Notice of Settlement of Attorneys' Fees

Nov. 18, 2003 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6151769/brash-v-wexford-health/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

VERIFIED COMPLAINT filed; FILING FEE $150.00 RECEIPT #873709; Magistrate Judge Linnea R. Johnson (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
2

MOTION with memorandum in support by Allen Brash for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
3

MOTION by Allen Brash for prompt hearing on [2-1] motion for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
4

MOTION by Allen Brash for writ of habeas corpus ad testificandum (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
5

Notice of filing EXHIBITS to: [2-1] motion for preliminary injunction by Allen Brash (mh, Deputy Clerk) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 6, 2002 PACER
6

SUMMONS(ES) issued for Wexford Health (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
7

SUMMONS(ES) issued for David Rowe (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
8

SUMMONS(ES) issued for Dept. of Corrections (mh, Deputy Clerk) (Entered: 12/09/2002)

Dec. 6, 2002 PACER
9

CLERK's NOTICE CORRECTING MAGISTRATE JUDGE ASSIGNMENT (gp, Deputy Clerk) (Entered: 12/11/2002)

Dec. 10, 2002 PACER
10

SUMMONS(ES) issued for Wexford Health (gp, Deputy Clerk) (Entered: 12/16/2002)

Dec. 13, 2002 PACER
11

ORDER OF REFERENCE Referring Motion(s) [4-1] motion for writ of habeas corpus ad testificandum referred to Magistrate Frank J. Lynch, [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch, [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 12/10/02) [EOD Date: 12/16/02] (at, Deputy Clerk) (Entered: 12/16/2002)

Dec. 13, 2002 PACER
12

NOTICE of Filing Dr. Stone's Declaration In Support of Plaintiff's Motion for Preliminary Injunction by Allen Brash (at, Deputy Clerk) (Entered: 12/17/2002)

Dec. 16, 2002 PACER
13

Declaration of Richard I. Stone, MD by Allen Brash re: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 12/17/2002)

Dec. 16, 2002 PACER
14

NOTICE OF FILING RETURN OF SERVICE executed for Dept. of Corrections on 12/10/02 Answer due on 12/30/02 for Dept. of Corrections (at, Deputy Clerk) (Entered: 12/19/2002)

Dec. 18, 2002 PACER
15

UNOPPOSED MOTION by Wexford Health, David Rowe to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum (at, Deputy Clerk) (Entered: 12/26/2002)

Dec. 23, 2002 PACER
16

NOTICE OF FILING RETURN OF SERVICE executed for Wexford Health on 12/18/02 Answer due on 1/7/03 for Wexford Health (at, Deputy Clerk) Modified on 12/26/2002 (Entered: 12/26/2002)

Dec. 24, 2002 PACER
17

UNOPPOSED MOTION by Michael Moore to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction with incorporated memorandum of law and Motion for a prompt hearing on plaintiff's Motion for a preliminary injunction (Former Deputy Clerk) (Entered: 12/27/2002)

Dec. 27, 2002 PACER
18

ORDER granting [17-1] motion to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction and Motion for a prompt hearing on plaintiff's Motion for a injunction to and including 1/6/2003( Signed by Magistrate Frank J. Lynch on 12/20/02) [EOD Date: 12/30/02] (Former Deputy Clerk) (Entered: 12/30/2002)

Dec. 30, 2002 PACER
20

MOTION with memorandum in support by Dept. of Corrections to dismiss verified complaint (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003 PACER
21

RESPONSE/MOTION by Dept. of Corrections in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003 PACER
22

RESPONSE by Dept. of Corrections in opposition to [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)

Jan. 7, 2003 PACER
19

MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/08/2003)

Jan. 8, 2003 PACER
23

MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003 PACER
24

MOTION with memorandum in support by Wexford Health, David Rowe to dismiss complaint (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003 PACER
25

MEMORANDUM by Wexford Health, David Rowe in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction, [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 01/09/2003)

Jan. 9, 2003 PACER
26

MEMORANDUM by Allen Brash in opposition to [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing, [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/14/2003)

Jan. 13, 2003 PACER
28

ORDER granting nunc pro tunc [15-1] motion to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum granting [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing, granting [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/13/03) [EOD Date: 1/16/03] (cg, Deputy Clerk) (Entered: 01/16/2003)

Jan. 13, 2003 PACER
27

NOTICE OF FILING RETURN OF SERVICE executed for David Rowe on 12/23/02 Answer due on 1/13/03 for David Rowe (at, Deputy Clerk) (Entered: 01/16/2003)

Jan. 15, 2003 PACER
29

UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] (at, Deputy Clerk) (Entered: 01/23/2003)

Jan. 22, 2003 PACER
30

ORDER OF REFERENCE Referring Motion(s) [24-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch, [20-1] motion to dismiss verified complaint referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 1/22/03) [EOD Date: 1/23/03] (at, Deputy Clerk) (Entered: 01/23/2003)

Jan. 22, 2003 PACER
31

UNOPPOSED SECOND MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing (at, Deputy Clerk) (Entered: 01/27/2003)

Jan. 24, 2003 PACER
32

ORDER granting [29-1] motion to extend time to 1/31/03 to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] ( Signed by Magistrate Frank J. Lynch on 1/27/03) [EOD Date: 1/29/03] (cg, Deputy Clerk) (Entered: 01/29/2003)

Jan. 27, 2003 PACER
33

ORDER granting [31-1] motion to extend time to 2/18/03 to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/29/03) [EOD Date: 1/30/03] (cg, Deputy Clerk) (Entered: 01/30/2003)

Jan. 29, 2003 PACER
34

SECOND UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/04/2003)

Feb. 3, 2003 PACER
35

NOTICE of Filing Dr Michael W. Fried's Declaration In Support of Their Memorandum by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/05/2003)

Feb. 4, 2003 PACER
42

ORDER granting [34-1] motion to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction ( Signed by Magistrate Frank J. Lynch on 2/10/03) [EOD Date: 2/25/03] (cg, Deputy Clerk) (Entered: 02/25/2003)

Feb. 10, 2003 PACER
36

NOTICE of Filing Dr. Michael W. Fried's Original Declaration by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/14/2003)

Feb. 12, 2003 PACER
37

MEMORANDUM by Allen Brash in opposition to [24-1] motion to dismiss complaint, [20-1] motion to dismiss verified complaint (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003 PACER
38

REPLY MEMORANDUM by Allen Brash to response to [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003 PACER
39

MOTION with memorandum in support by Allen Brash to strike conclusory declaration of Michael W. Fried M.D. (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003 PACER
40

NOTICE of Filing Rebuttal Declaration of Bennet Cecil by Allen Brash (at, Deputy Clerk) (Entered: 02/18/2003)

Feb. 18, 2003 PACER
41

REBUTTAL DECLARATION of Bennet Cecil, M.D. by Allen Brash re: [38-1] response reply (at, Deputy Clerk) (Entered: 02/19/2003)

Feb. 18, 2003 PACER
43

REPLY by Wexford Health, David Rowe to response to [24-1] motion to dismiss complaint (at, Deputy Clerk) (Entered: 02/27/2003)

Feb. 27, 2003 PACER
44

ORDER denying [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction denying [4-1] motion for writ of habeas corpus ad testificandum ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003 PACER
45

ORDER denying [39-1] motion to strike conclusory declaration of Michael W. Fried M.D. ( Signed by Magistrate Frank J. Lynch on 3/4/03) [EOD Date: 3/5/03] (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003 PACER
46

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [2-1] motion for preliminary injunction be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003 PACER
47

REPORT AND RECOMMENDATIONS of Magistrate Frank J. Lynch recommending that [20-1] motion to dismiss verified complaint, [24-1] motion to dismiss complaint be DENIED. Motion no longer referred. Signed on: 3/4/03 Objections to R and R due by 3/14/03 CCAP (cg, Deputy Clerk) (Entered: 03/05/2003)

March 4, 2003 PACER
48

OPPOSITION by Wexford Health, David Rowe TO [39-1] motion to strike conclusory declaration of Michael Fried M.D. (at, Deputy Clerk) (Entered: 03/07/2003)

March 6, 2003 PACER
49

OBJECTION by Allen Brash to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/14/2003)

March 14, 2003 PACER
50

OBJECTION by Wexford Health, David Rowe to [47-1] report and recommendations (Former Deputy Clerk) (Entered: 03/21/2003)

March 17, 2003 PACER
51

RESPONSE by Allen Brash to [50-1] objection (at, Deputy Clerk) (Entered: 03/21/2003)

March 20, 2003 PACER
52

RESPONSE by Dept. of Corrections to [49-1] objection to Report and Recommendation Denying Plaintiff's Motion for Preliminary Injunction (at, Deputy Clerk) (Entered: 03/25/2003)

March 24, 2003 PACER
53

RESPONSE by Wexford Health, David Rowe to Objections to [46-1] report and recommendations (at, Deputy Clerk) (Entered: 03/26/2003)

March 25, 2003 PACER
54

REPLY by Allen Brash to Defendants' Responses To Plaintiff's Objections [53-1] report & recommendations response (at, Deputy Clerk) (Entered: 04/03/2003)

April 2, 2003 PACER
55

Joint Scheduling Report of Scheduling Meeting by Allen Brash, Wexford Health, David Rowe, Dept. of Corrections (at, Deputy Clerk) (Entered: 04/10/2003)

April 9, 2003 PACER
56

EMERGENCY MOTION with memorandum in support by Allen Brash to shorten time to respond to request for production, and to set on expedited track, and for completion of discovery within 90 days, and for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/16/2003)

April 15, 2003 PACER
57

NOTICE of Filing Second Supplemental Declaration of Dr. Cecil In support of plaintiff's motion for preliminary injunction by Allen Brash (at, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003 PACER
58

SUPPLEMENTAL DECLARATION OF BENNET CECIL, MD by Allen Brash to: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003 PACER
59

MOTION by Dept. of Corrections depose incarcerated plaintiff (cg, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003 PACER
60

NOTICE of Unavailability by Dept. of Corrections for dates of: 5/19/03 thru 5/30/03 (cg, Deputy Clerk) (Entered: 04/22/2003)

April 21, 2003 PACER
61

NOTICE of filing Rule 26(A)(1) initial disclosures by Dept. of Corrections (cg, Deputy Clerk) (Entered: 04/24/2003)

April 23, 2003 PACER
62

NOTICE of NON-OBJECTION TO THE DEPARTMENT OF CORRECTIONS MOTION TO DEPOSE INCARCERATED PLAINTIFF by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 04/25/2003)

April 25, 2003 PACER
63

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF DEFENDANT MOORE'S MOTION TO DISMISS VERIFIED COMPLAINT AND DEFENDANTS WEXFORD HEALTH SOURCES, INC'S AND DAVID ROWE'S MOTION TO DISMISS PLAINTIFF'S VERIFIED COMPLAINT adopting [47-1] report and recommendations denying [20-1] motion to dismiss verified complaint, denying [24-1] motion to dismiss complaint (Signed by Judge James C. Paine on 4/25/03) [EOD Date: 4/28/03] CCAP (at, Deputy Clerk) (Entered: 04/28/2003)

April 28, 2003 RECAP
64

MEMORANDUM OF LAW by Wexford Health, David Rowe in opposition to [56-1] motion to shorten time to respond to request for production, [56-2] motion to set on expedited track, [56-3] motion for completion of discovery within 90 days, [56-4] motion for set trial date certain within 110 days (at, Deputy Clerk) (Entered: 04/29/2003)

April 29, 2003 PACER
65

ORDER SETTING NON-JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES setting Deadline for filing of all Pretrial Motions by 8/14/03; A non-Jury Trial set for 9:30 a.m. on 10/14/03 Pretrial Stipulation due on or before 9/29/03; Calendar Call set for 9:00 a.m. on 10/2/03; All Discovery must be completed by 7/31/03; (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003 PACER
66

ORDER MANDATING MEDIATION referring case to mediation. 15 days to appoint mediator (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003 PACER
67

ORDER The Magistrate Judge's 3/4/03 [46-1] Report and Recommendations is REVERSED. Plaintiff's [2-1] motion for preliminary injunction is GRANTED. (Signed by Judge James C. Paine on 4/28/03) [EOD Date: 4/30/03] CCAP (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003 RECAP
68

MOTION with memorandum in support by Dept. of Corrections in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days (at, Deputy Clerk) (Entered: 04/30/2003)

April 29, 2003 PACER
69

ORDER granting [59-1] motion depose incarcerated plaintiff ( Signed by Magistrate Frank J. Lynch on 4/29/03) [EOD Date: 5/2/03] (cg, Deputy Clerk) (Entered: 05/02/2003)

April 29, 2003 PACER
70

EMERGENCY MOTION by Allen Brash for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/02/2003)

May 1, 2003 PACER
71

ORDER granting [70-1] motion for clarification of [67-1] order (Signed by Judge James C. Paine on 5/6/03) [EOD Date: 5/8/03] (at, Deputy Clerk) (Entered: 05/08/2003)

May 7, 2003 PACER
72

OPPOSITION by Wexford Health, David Rowe to [70-1] motion for clarification of [67-1] order (at, Deputy Clerk) (Entered: 05/09/2003)

May 8, 2003 PACER
73

Answer and Affirmative Defenses by Wexford Health, David Rowe, (at, Deputy Clerk) (Entered: 05/12/2003)

May 9, 2003 PACER
74

Answer and affirmative defenses by Dept. of Corrections (cg, Deputy Clerk) (Entered: 05/13/2003)

May 12, 2003 PACER
75

NOTICE of selection of Leslie W. Langbein as Mediator by Allen Brash (at, Deputy Clerk) (Entered: 05/16/2003)

May 16, 2003 PACER
76

RESPONSE by Dept. of Corrections in opposition to [70-1] motion for clarification of [67-1] order (cg, Deputy Clerk) (Entered: 05/20/2003)

May 16, 2003 PACER
77

Unopposed MOTION by Dept. of Corrections to extend time to depose incarcerated pltf (cg, Deputy Clerk) (Entered: 05/20/2003)

May 19, 2003 PACER
78

MOTION by Wexford Health, David Rowe for protective order, and/or to extend time to respond to plaintiff's discovery requests (at, Deputy Clerk) (Entered: 05/21/2003)

May 21, 2003 PACER
79

ORDER denying [56-1] motion to shorten time to respond to request for production, denying [56-2] motion to set on expedited track, denying [56-3] motion for completion of discovery within 90 days, denying [56-4] motion for set trial date certain within 110 days, Court contrues as a response re: [68-1] motion in opposition to plaintiff's emergency motion to shorten time to respond to request for production of documents and interrogatories, emergency motion to set expedited track and order completion of discovery within 90 days and motion to set trial date within 110 days granting [77-1] motion to extend time to depose incarcerated pltf until 7/11/03 ( Signed by Magistrate Frank J. Lynch on 5/21/03) [EOD Date: 5/22/03] (cg, Deputy Clerk) (Entered: 05/22/2003)

May 21, 2003 PACER
80

ORDER in re: [78-1] motion for protective order, granting [78-2] motion to extend time for add'l 30 days to respond to plaintiff's discovery requests ( Signed by Magistrate Frank J. Lynch on 5/22/03) [EOD Date: 5/28/03] (cg, Deputy Clerk) (Entered: 05/28/2003)

May 22, 2003 PACER
81

NOTICE by Dept. of Corrections to take deposition of Allen Brash 7/1/03 at 1:00 (cg, Deputy Clerk) (Entered: 05/30/2003)

May 29, 2003 PACER
82

NOTICE of Filing Consultant Report of Defendants' Gastroenterologist Recommending Plaintiff's Retreatment by Allen Brash (at, Deputy Clerk) (Entered: 06/10/2003)

June 9, 2003 PACER
83

EMERGENCY MOTION with memorandum in support by Allen Brash to compel responses to first request for production of documents to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003 PACER
84

EMERGENCY MOTION by Allen Brash to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003 PACER
85

EMERGENCY MOTION with memorandum in support by Allen Brash for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/09/2003)

July 8, 2003 PACER
86

MOTION by Allen Brash, Wexford Health, David Rowe for entry of order (Former Deputy Clerk) (Entered: 07/24/2003)

July 9, 2003 PACER
87

MOTION by Allen Brash for order of substitution (at, Deputy Clerk) (Entered: 07/10/2003)

July 9, 2003 PACER
88

EMERGENCY MOTION by Allen Brash for conversion of Preliminary Injunction into a permanent Injunction, or in the alternative for Evidentiary Hearing prior to the entry of a permanent injunction (at, Deputy Clerk) (Entered: 07/10/2003)

July 9, 2003 PACER
89

ORDER OF REFERENCE Referring Motion(s) [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore referred to Magistrate Frank J. Lynch, [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore referred to Magistrate Frank J. Lynch, [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 7/10/03) [EOD Date: 7/14/03] (at, Deputy Clerk) (Entered: 07/14/2003)

July 11, 2003 PACER
90

MOTION by Dept. of Corrections for entry of order (at, Deputy Clerk) (Entered: 07/16/2003)

July 15, 2003 PACER
91

RESPONSE by Dept. of Corrections to [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel (at, Deputy Clerk) (Entered: 07/16/2003)

July 16, 2003 PACER
96

ORDER granting [83-1] motion to compel responses to first request for production of documents to defendant Michael Moore granting [84-1] motion to compel responses to plaintiff's first set of interrogatories to defendant Michael Moore granting [85-1] motion for reasonable cause shown for leave to file out of time emergency motions to compel ( Signed by Magistrate Frank J. Lynch on 7/16/03) [EOD Date: 7/18/03] (cg, Deputy Clerk) (Entered: 07/18/2003)

July 16, 2003 PACER
92

MEMORANDUM by Allen Brash in opposition to [90-1] motion for entry of order (at, Deputy Clerk) (Entered: 07/17/2003)

July 16, 2003 PACER
93

EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003 PACER
97

MEMORANDUM by Allen Brash in opposition to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (Former Deputy Clerk) (Entered: 07/18/2003)

July 17, 2003 PACER
94

EMERGENCY MOTION with memorandum in support by Dept. of Corrections for protective order regarding deposition of secretary James V. Crosby (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003 PACER
95

EMERGENCY MOTION with memorandum in support by Dept. of Corrections to quash subpoena, and for protective order regarding deposition of Dianne Rechtine (at, Deputy Clerk) (Entered: 07/17/2003)

July 17, 2003 PACER
98

OBJECTION by Wexford Health, David Rowe TO PLAINTIFF'S PROPOSED ORDER ATTACHED TO EMERGENCY MOTION FOR CONVERSION OF PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (at, Deputy Clerk) (Entered: 07/21/2003)

July 18, 2003 PACER
99

REPLY by Dept. of Corrections to response to [95-2] motion for protective order regarding deposition of Dianne Rechtine, [94-1] motion for protective order regarding deposition of secretary James V. Crosby, [93-1] motion for protective order regarding deposition (at, Deputy Clerk) (Entered: 07/21/2003)

July 18, 2003 PACER
100

OMNIBUS ORDER DENYING DEFENDANT'S EMERGENCY MOTIONS FOR PROTECTIVE ORDER REGARDING DEPOSITION OF SECRETARY JAMES V. CROSBY, JR FOR PROTECTIVE ORDER REGARDING DEPOSITION PURSUANT TO RULE 30(B)(6) AND TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER REGARDING DEPOSITION OF DIANNE RECHTINE denying [94-1] motion for protective order regarding deposition of secretary James V. Crosby, denying [93-1] motion for protective order regarding deposition, denying [95-2] motion for protective order regarding deposition of Dianne Rechtine (Signed by Judge James C. Paine on 7/21/03) [EOD Date: 7/21/03] (at, Deputy Clerk) (Entered: 07/21/2003)

July 21, 2003 PACER

State / Territory: Florida

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 6, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Florida state inmate infected with Hepatitis C and suffering from cirrhosis, who sought retreatment with Pegylated Interferon and Ribavirin

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wexford Health Source, Inc., Private Entity/Person

Florida Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2003 - 0

Content of Injunction:

Preliminary relief granted

Issues

Affected Gender:

Male

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run