Civil Rights Litigation Clearinghouse

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 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 These orders were unpublished, as was Judge Paine's July 24, 2003, order making permanent the preliminary injunction, requiring the Interferon and Ribavirin treatments, and directing the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.

show full summary

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)

Attorney Contact Information via CourtListener

show all people

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