Case: Cobbs v. Pramstaller

Tessa Bialek and Margo Schlanger

COMPLAINT filed by Dallas Cobbs against defendants. (DPer) (Entered: 10/31/2007)

APPLICATION to proceed without prepayment of fees by Dallas Cobbs. (DPer) (Entered: 10/31/2007)

[ORDER Referring Pretrial Matters to Magistrate Judge Charles E Binder]. Signed by Honorable Anna Diggs Taylor. (JCur) (Entered: 11/07/2007)

ORDER granting 2 Application to Proceed Without Prepayment of Fees and Directing Payment of an Initial Partial Filing Fee in the amount of $20.00 and subsequent payments, And Directing Service. Signed by Magistrate Judge Binder. (JBro) (Entered: 11/15/2007)

Remark: documents given to USM this date for service on Defendant Pramstaller. (JBro)

ORDER Regarding Identification of John Doe Defendants. Signed by Magistrate Judge Binder. (JBro) (Entered: 11/28/2007)

Summons Returned Unexecuted as to George J Pramstaller. (JCur) (Entered: 11/30/2007)

FEE Received in the amount of $20.00 for initial partial payment by Dallas Cobbs - Receipt No. 21125-BC (DHam) (Entered: 11/29/2007)

Remark: new documents prepared and given to USM this date for 2nd attempt at service on Defendant Pramstaller. (JBro)

WAIVER OF SERVICE Returned Executed. George J Pramstaller waiver sent on 11/16/2007, answer due 1/15/2008. (RHut) (Entered: 12/06/2007)

Remark: USM advised Court today that the documents for Defendant Pramstaller were re-mailed on 11/20, the replacement documents were not needed. (JBro)

NOTICE of Appearance by Clifton B. Schneider on behalf of George J Pramstaller. (Schneider, Clifton) (Entered: 12/13/2007)

MOTION for Preliminary Injunction by Dallas Cobbs. (ATee) (Entered: 12/21/2007)

MOTION to Stay Discovery, Brief in Support and Certificate of Service by George J Pramstaller. (Schneider, Clifton) (Entered: 01/09/2008)

MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service by George J Pramstaller. (Attachments: # 1 Exhibit A, Affidavit of Dr. George Pramstaller) (Schneider, Clifton) (Entered: 01/15/2008)

NOTICE Requesting Response to 12 MOTION for Summary Judgment : see image for details. (JBro) Additional attachment(s) added on 1/18/2008 (Broucek, J.). (Entered: 01/18/2008)

NOTICE of Correction regarding entry #13. (JBro) (Entered: 01/18/2008)

RESPONSE to 10 MOTION for Preliminary Injunction filed by George J Pramstaller. (Schneider, Clifton) (Entered: 01/28/2008)

MOTION for Extension of Time to File Responsive Pleading by Dallas Cobbs. (LHac) (Entered: 02/06/2008)

MOTION to Stay Defendant's 12 MOTION for Summary Judgment Under FRCP 56(B) Pending Limited Discovery by Dallas Cobbs. (LHac) (Entered: 02/06/2008)

CERTIFICATE OF SERVICE by Dallas Cobbs re 17 MOTION to Stay re 12 MOTION for Summary Judgment Under FRCP 56(B) and 16 MOTION for Extension of Time to File Responsive Pleading (LHac) (Entered: 02/06/2008)

MOTION for Leave to File Amended Complaint by Dallas Cobbs. (SSch) (Entered: 02/27/2008)

MOTION for Enlargement of Time to Effect Process by Dallas Cobbs. (SSch) (Entered: 02/27/2008)

CERTIFICATE OF SERVICE by Dallas Cobbs (SSch) (Entered: 02/27/2008)

MOTION to supplement plaintiff's motion for preliminary injunction by Dallas Cobbs. (RHut) (Entered: 03/07/2008)

MOTION for Summary Judgment Brief in Support, Exhibit A and Certificate of Service by George J Pramstaller. (Attachments: # 1 Exhibit A, Consultation Request) (Schneider, Clifton) (Entered: 03/25/2008)

ORDER of Assignment of Counsel. [see image for details] Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 03/27/2008)

NOTICE of Telephone Conference with Magistrate Judge Binder: see image for details. (JBro) (Entered: 03/27/2008)

MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service by George J Pramstaller. (Schneider, Clifton) (Entered: 03/27/2008)

ATTORNEY APPEARANCE: Paul D. Reingold appearing on behalf of Dallas Cobbs (Reingold, Paul) (Entered: 03/31/2008)

ATTORNEY SUBSTITUTION for George J Pramstaller: Cori E. Barkman added. Attorney Clifton B. Schneider terminated. (Barkman, Cori) (Entered: 04/04/2008)

Minute Entry - status conference held by telephone on 4/10/2008 with Magistrate Judge Charles E Binder. (JBro)

NOTICE by George J Pramstaller of withdrawal of 26 MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service MOTION to Withdraw 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service Motion to Withdraw, Brief in Support and Certificate of Service, 12 MOTION for Summary Judgment Under FRCP 56(B), Brief in Support, Exhibit A and Certificate of Service, 23 MOTION for Summary Judgment Brief in Support, Exhibit A and Certificate of Service. (Barkman, Cori) (Entered: 04/11/2008)

TEXT-ONLY ORDER on 19 MOTION for Leave to File filed by Dallas Cobbs: counsel withdrew this motion during status conference held 4/10/08. Signed by Magistrate Judge Charles E Binder. (JBro)

ORDER granting 20 Motion to enlarge time to effect process. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

ORDER denying as moot 16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

ORDER granting 11 Motion to Stay Discovery. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

ORDER denying 17 Motion to Stay. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/14/2008)

NOTICE by Dallas Cobbs of withdrawal of 22 MOTION to supplement plaintiff's motion for preliminary injunction, 10 MOTION for Preliminary Injunction. (Reingold, Paul) (Entered: 04/14/2008)

REQUEST Plaintiff's request for identification of John Does by Dallas Cobbs. (Reingold, Paul) (Entered: 04/15/2008)

ORDER For Further Proceedings: dispositive motion due 6/2/08; response due 7/2/08; reply due 7/16/08. [see image for further details]. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 04/22/2008)

ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT AND LIFTING STAY. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 06/04/2008)

AMENDED COMPLAINT with Jury Demand filed by Dallas Cobbs against all defendants. (Reingold, Paul) (Entered: 06/10/2008)

REQUEST for SUMMONS for Craig Hutchinson, William Borgerding, Marcella Clark, James Dillon, Roldert Fischre, Keith Ivens, Gregory Naylor, Bency Mathai, Bonita Davis Neighbors, Walter Ormes, Haresh Pandya, Chris Samy, Correctional Medical Services. (Reingold, Paul)

SUMMONS Issued for *Craig Hutchinson, William Borgerding, Marcella Clark, James Dillon, Roldert Fischre, Keith Ivens, Gregory Naylor, Bency Mathai, Bonita Davis Neighbors, Walter Ormes, Haresh Pandya, Chris Samy, Correctional Medical Services* (ATee) (Entered: 06/13/2008)

Remark: documents given to U.S. Marshal this date for service of 1st Amended Complaint on defendants. (JBro)

WAIVER OF SERVICE Returned Executed. Chris Samy waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/01/2008)

WAIVER OF SERVICE Returned Executed. Craig Hutchinson waiver sent on 6/30/2008, answer due 8/29/2008. (Richtarcik, Brian) (Entered: 07/03/2008)

WAIVER OF SERVICE Returned Executed. Correctional Medical Services waiver sent on 6/30/2008, answer due 8/29/2008. (Richtarcik, Brian) (Entered: 07/03/2008)

NOTICE of Appearance by Ronald W. Chapman on behalf of Craig Hutchinson, Correctional Medical Services. (Chapman, Ronald) (Entered: 07/03/2008)

NOTICE of Appearance by Brian J. Richtarcik on behalf of Craig Hutchinson, Correctional Medical Services. (Richtarcik, Brian) (Entered: 07/03/2008)

WAIVER OF SERVICE Returned Executed. William Borgerding waiver sent on 6/25/2008, answer due 8/25/2008. (DHam) (Entered: 07/07/2008)

WAIVER OF SERVICE Returned Executed. Marcella Clark waiver sent on 6/25/2008, answer due 8/25/2008. (DHam) (Entered: 07/07/2008)

WAIVER OF SERVICE Returned Executed. Craig Hutchinson waiver sent on 6/24/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

WAIVER OF SERVICE Returned Executed. Walter Ormes waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

WAIVER OF SERVICE Returned Executed. Correctional Medical Services waiver sent on 6/24/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

WAIVER OF SERVICE Returned Executed. Haresh Pandya waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/08/2008)

WAIVER OF SERVICE Returned Executed. Gregory Naylor waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 07/14/2008)

NOTICE of Appearance by Cori E. Barkman on behalf of Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, George J Pramstaller. (Barkman, Cori) (Entered: 07/14/2008)

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, George J Pramstaller. (Barkman, Cori) (Entered: 08/11/2008)

NOTICE to Submit Dispositive Motion: see image for details. (JBro) (Entered: 08/12/2008)

WAIVER OF SERVICE Returned Executed. Roldert Fischre waiver sent on 6/25/2008, answer due 8/25/2008. (KGeh) (Entered: 08/19/2008)

ANSWER to Amended Complaint by Craig Hutchinson, Bency Mathai, Correctional Medical Services. (Richtarcik, Brian) (Entered: 08/19/2008)

DEMAND for Trial by Jury by Craig Hutchinson, Bency Mathai, Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

AFFIRMATIVE DEFENSES by Craig Hutchinson, Bency Mathai, Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Correctional Medical Services (Richtarcik, Brian) (Entered: 08/19/2008)

NOTICE To Submit Dispositive Motion: see image for details. (JBro) (Entered: 08/20/2008)

ATTORNEY APPEARANCE: Mark V. Schoen appearing on behalf of James Dillon, Roldert Fischre (Schoen, Mark) (Entered: 08/28/2008)

MOTION re 37 Order Lifting Stay, 60 Notice (Other) for Limited Discovery by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex A Approval of Cataract Surgery, # 3 Exhibit Ex B Plaintiff's Interrogatories, # 4 Exhibit Ex C Plaintiff's Request for Documents, # 5 Exhibit Ex D Plaintiff's Request for Admissions) (Reingold, Paul) (Entered: 08/29/2008)

WAIVER OF SERVICE Returned Executed. Bonita Davis Neighbors waiver sent on 6/25/2008, answer due 8/25/2008. (JCre) (Entered: 09/05/2008)

NOTICE of Appearance by Cori E. Barkman on behalf of Bonita Davis Neighbors. (Barkman, Cori) (Entered: 09/10/2008)

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by James Dillon, Roldert Fischre. (Schoen, Mark) (Entered: 09/11/2008)

MOTION for Summary Judgment by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Attachments: # 1 Exhibit A - Aff of Tate) (Barkman, Cori) (Entered: 09/12/2008)

ATTORNEY SUBSTITUTION for Marcella Clark, Gregory Naylor, Walter Ormes, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller: Clifton B. Schneider added. Attorney Cori E. Barkman terminated. (Schneider, Clifton) (Entered: 09/22/2008)

STIPULATION AND ORDER to Dismiss Defendant Ormes without prejudice, and without costs or attorney fees. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: 09/23/2008)

ORDER granting 62 Motion to allow limited discovery. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 10/10/2008)

RESPONSE to 69 Order on Motion for Miscellaneous Relief by Marcella Clark, Gregory Naylor, Haresh Pandya, George J Pramstaller. (Attachments: # 1 Exhibit 1 - Dfts POS dated 092408, # 2 Exhibit 2 - Dfts POS dated 100108) (Schneider, Clifton) (Entered: 10/13/2008)

RESPONSE to 66 MOTION for Summary Judgment filed by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit EX A Declaration of Cobbs, # 3 Exhibit EX B Declaration of Dr. Sugar, # 4 Exhibit EX C Medical Records, # 5 Exhibit EX D Cobbs Health Care Requests, # 6 Exhibit EX E Cobbs Grievances and Responses, # 7 Exhibit EX F MDOC Policy Statements) (Reingold, Paul) (Entered: 10/16/2008)

INDEX of Exhibits re 66 MOTION for Summary Judgment, 71 Response to Motion, by Dallas Cobbs (Attachments: # 1 Exhibit EX G Cook v Martin, # 2 Exhibit EX H Castillo v Dashiell, # 3 Exhibit EX I Titlow v Corrections Medical Services) (Reingold, Paul) (Entered: 10/16/2008)

NOTICE of Telephone Status Conference: see image for details. (JBro) (Entered: 10/17/2008)

Minute Entry - status conference held by phone on 10/23/2008 with Magistrate Judge Charles E Binder. (JBro)

ORDER For Further Proceedings: see image for details. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 10/24/2008)

REPLY to Response re 66 MOTION for Summary Judgment and Certificate of Service filed by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Schneider, Clifton) (Entered: 10/27/2008)

Amended ORDER For Further Proceedings. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 11/14/2008)

REPORT AND RECOMMENDATION That 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark be GRANTED as to request for injunctive relief; DENIED in all other respects. Signed by Magistrate Judge Charles E Binder. (JBro)

PROTECTIVE ORDER signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 12/11/2008)

OBJECTION to 77 Report and Recommendation by Marcella Clark, Gregory Naylor, Haresh Pandya, Bonita Davis Neighbors, George J Pramstaller. (Schneider, Clifton) (Entered: 12/19/2008)

RESPONSE to 79 Objection to Report and Recommendation, 77 REPORT AND RECOMMENDATION re 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella ClarkREPORT AND RECOMMENDATION re 66 MOTION for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark by Dallas Cobbs. (Reingold, Paul) (Entered: 12/23/2008)

ATTORNEY SUBSTITUTION for James Dillon, Roldert Fischre: Adam Purnell added. Attorney Mark V. Schoen terminated. with Cert. of Service (Purnell, Adam) (Entered: 02/02/2009)

ORDER Adopting 77 Report and Recommendation that 66 Motion for Summary Judgment filed by Haresh Pandya, George J Pramstaller, Gregory Naylor, Bonita Davis Neighbors, Marcella Clark, be GRANTED as to request for injunctive relief; DENIED in all other respects. 77 Signed by District Judge Anna Diggs Taylor. (JCur)

NOTICE of Telephone Conference with Magistrate Judge Binder: see image for details. (JBro) (Entered: 02/13/2009)

ATTORNEY APPEARANCE: James T. Farrell appearing on behalf of James Dillon, Roldert Fischre (Farrell, James) (Entered: 03/03/2009)

ORDER Setting Deadlines: see image for details. Signed by Magistrate Judge Charles E Binder. (JBro) (Entered: 03/18/2009)

Minute Entry - status conference held by telephone on 4/17/2009 with Magistrate Judge Charles E Binder. (JBro)

MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) by Craig Hutchinson, Bency Mathai. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Affidavit of James Armstrong, # 3 Exhibit Attachment 1 - MDOC Policy Directive 03.02.130 (December 19, 2003 version), # 4 Exhibit Attachment 2 - MDOC Grievance Inquiry Screen for Dallas Cobbs, #164276, # 5 Exhibit Attachment 3 - Grievance RRF-2004-12-1151-12z, # 6 Exhibit Attachment 4 - Grievance RRF-2006-11-757-12g, # 7 Exhibit B - Sullivan v Kasajaru case) (Richtarcik, Brian) (Entered: 05/19/2009)

NOTICE Requesting Response to 86 MOTION to Dismiss : see image for details. (JBro) (Entered: 05/26/2009)

RESPONSE to 86 MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) filed by Dallas Cobbs. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Ex 1 Cobbs Grievances & Responses, # 3 Exhibit Ex 2 MDOC Policy 03.02.130, # 4 Exhibit Ex 3 Cobbs Letters, # 5 Exhibit Ex 4 ID of John Doe Defs, # 6 Exhibit Ex 5 Grear v Gelabert) (Reingold, Paul) (Entered: 06/11/2009)

Notice of Filing FEE Paid in Full (DEld) (Entered: 06/18/2009)

STIPULATION AND ORDER Dismissing Defendants James Dillon and Roldert Fischre without prejudice. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: 06/24/2009)

REPLY to Response re 86 MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) MOTION to Dismiss Pursuant to 42 USC 1997e(a) and FRCP 12(b)(6) filed by Craig Hutchinson, Bency Mathai. (Richtarcik, Brian) (Entered: 06/25/2009)