Case: Broder v. Correctional Medical Services, Inc.

2:03-cv-75106 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 24, 2003

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On December 24, 2003, a prisoner in the custody of the Michigan Department of Correction (MDOC) filed a lawsuit under Michigan Law and 42 U.S.C. § 1983 against Correctional Medical Services, Inc. (CMS), and several individuals employed by MDOC and CMS, in the United States District Court for the Eastern District of Michigan. The Plaintiff, represented by counsel from the University of Michigan Law School Clinical Law Program, asked the court for: declaratory, compensatory, and exemplary relief…

On December 24, 2003, a prisoner in the custody of the Michigan Department of Correction (MDOC) filed a lawsuit under Michigan Law and 42 U.S.C. § 1983 against Correctional Medical Services, Inc. (CMS), and several individuals employed by MDOC and CMS, in the United States District Court for the Eastern District of Michigan. The Plaintiff, represented by counsel from the University of Michigan Law School Clinical Law Program, asked the court for: declaratory, compensatory, and exemplary relief; punitive damages; attorneys' fees and costs; and, other relief as appropriate. The Plaintiff claimed that defendants failed to timely diagnose and treat his laryngeal cancer.

Defendant CMS filed a motion to dismiss on February 24, 2004. Plaintiff filed a brief in opposition on March 17, 2004. On August 9, 2004, Magistrate Judge Paul J. Komives recommended that Defendant's motion to dismiss be denied insofar as it seeks dismissal of Plaintiff's state law claims or Plaintiff's claims that were supported by Plaintiff's second grievance. Otherwise, the Court recommended that Defendant's motion to dismiss be granted.

On September 22, 2004, the Court (Judge Gerald E. Rosen) adopted, in part and with modification, Magistrate Judge Komive's Report and Recommendation. The Court dismissed Plaintiff's claim against CMS in its entirety and with prejudice.

On August 29, 2007, Magistrate Judge Komives issued a Report and Recommendation recommending that the Court grant in part and deny in part defendants Mathai and Hutchinson's motion to dismiss and/or for summary judgment. Further, Magistrate Judge Komives issued an additional Report and Recommendation on September 5, 2007. The Report recommended that the Court should grant in part and deny in part defendants Caruso, Epp, and Pramstaller's motion for summary judgment.

On March 14, 2008, the Court (Judge Marianne O. Battani) granted defendants Mathai and Hutchinson's motion to dismiss as to Plaintiff's gross negligence claim but denied the motion as to Plaintiff's other claims.

Also on March 14, 2008, the Court granted Plaintiff's motion to revisit the dismissal of defendant CMS in light of new case law.

Although Defendants appealed the Court's prior orders, the Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction on July 29, 2008. Defendants failed to file a notice of appeal within the time limits set forth in the Federal Rules of Appellate Procedure.

While still in the custody of MDOC, Plaintiff suffered a recurrence of his previous symptoms. Mr. Broder passed away on December 13, 2008, from recurrent supraglottis carcinoma. However, the lawsuit proceeded with Mr. Broder's interests being represented by a personal representative. A Second Amended Complaint was filed on March 24, 2009, to reflect Plaintiff's death.

The Court entered a stipulation to dismiss with prejudice Plaintiff's claims against defendants Epp and Pramstaller on October 27, 2009. On December 4, 2009, the Court entered a stipulation to dismiss with prejudice Plaintiff's claims against defendants CMS, Mathai, and Hutchinson. It is unclear whether Plaintiff received any form of relief from Defendants.

Summary Authors

Haley Waller (10/28/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4878805/parties/broder-v-corr-med-svc-inc/


Judge(s)

Battani, Marianne O. (Michigan)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Komives, Paul J. (Michigan)

Rosen, Gerald Ellis (Michigan)

Russell, Thomas B. (Kentucky)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Attorneys(s) for Defendant

Chapman, Ronald W. (Michigan)

Juip, Randall A. (Michigan)

Koester, Kimberly A. (Michigan)

Judge(s)

Battani, Marianne O. (Michigan)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Komives, Paul J. (Michigan)

Rosen, Gerald Ellis (Michigan)

Russell, Thomas B. (Kentucky)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Attorneys(s) for Defendant

Chapman, Ronald W. (Michigan)

Juip, Randall A. (Michigan)

Koester, Kimberly A. (Michigan)

Richtarcik, Brian J. (Michigan)

Thom, Kevin M. (Michigan)

Documents in the Clearinghouse

Document

Docket

Dec. 4, 2009 Docket
3

COMPLAINT AND JURY DEMAND

Dec. 17, 2003 Complaint
8

DEFENDANT CORRECTIONAL MEDICAL SERVICES, INC. 'S MOTION TO DISMISS

Feb. 24, 2004 Pleading / Motion / Brief
9

PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT CMS'S MOTION TO DISMISS

March 17, 2004 Pleading / Motion / Brief
21

REPORT AND RECOMMENDATION REGARDING DEFENDANT CMS'S MOTION TO DISMISS (Doc. Ent. 8) and PLAINTIFF'S MOTION TO COMPEL (Doc. Ent. 20)

Aug. 9, 2004 Magistrate Report/Recommendation
35

ORDER ADOPTING, IN PART AND WITH MODIFICATION, MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION OF AUGUST 9, 2004, AND DISMISSING PLAINTIFF'S COMPLAINT AS TO DEFENDANT CMS, IN ITS ENTIRETY, WITH PREJUDICE

Sept. 22, 2004 Order/Opinion
157-3

DEFENDANTS' EXPERT REPORT: SILAS NORMAN, JR., M.D.

Broder v. Correctional Medical Services

June 6, 2006 Monitor/Expert/Receiver Report
79

MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT BY DEFENDANTS, BENCY MATHAI, M.D. AND CRAIG HUTCHINSON, M.D.

Nov. 30, 2006 Pleading / Motion / Brief
84

PLAINTIFF’S BRIEF IN RESPONSE TO CMS DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Dec. 20, 2006 Pleading / Motion / Brief
87

DEFENDANTS' MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT

Dec. 20, 2006 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4878805/broder-v-corr-med-svc-inc/

Last updated May 20, 2022, 2:04 a.m.

ECF Number Description Date Link
100

REPORT AND RECOMMENDATION re 79 MOTION for Summary Judgment filed by Benzi Mathai, Craig Hutchinson Signed by Honorable Paul J Komives. (EBut)

Aug. 29, 2007 RECAP
1

APPLICATION by plaintiff Steven Broder to waive prepayment of the filing fee (JP) (Entered: 12/19/2003)

Dec. 19, 2003
101

REPORT AND RECOMMENDATION re 87 MOTION to Dismiss and/or for Summary Judgment with Brief in Support and Certificate of Service filed by George Pramstaller, Jan Epps, Patricia L. Caruso Signed by Honorable Paul J Komives. (EBut)

Sept. 5, 2007 RECAP
2

ORDER by Magistrate Judge Paul J. Komives granting application to waive prepayment of the filing fee by Steven Broder [1−1], directing payment of the initial partial filing fee and subsequent payments [EOD Date 12/29/03] (ew) (Entered: 12/29/2003)

Dec. 24, 2003
3

COMPLAINT with exhibits and jury demand (ew) Modified on 12/29/2003 (Entered: 12/29/2003)

Dec. 24, 2003
113

OPINION AND ORDER Adopting Report and Recommendation for 100 Report and Recommendation. Accordingly, Defendant's Motion to Dismiss and/or for Summary Judgment is Granted in part and Denied in part. Signed by Honorable Marianne O Battani. (BThe)

March 14, 2008 RECAP
4

ORDER directing service without prepayment of cost and authorizing US Marshal to collect costs after service is made Signed by Magistrate Judge R. Steven

Jan. 28, 2004
115

OPINION AND ORDER Adopting Report and Recommendation for 101 Report and Recommendation Signed by Honorable Marianne O Battani. (BThe)

March 14, 2008 RECAP
18

WAIVER OF SERVICE Returned Executed. George Pramstaller waiver sent on 1/29/2004, answer due 3/29/2004. (RHutc, ) (Entered: 05/04/2004)

Feb. 9, 2004
17

Waiver of Service Returned Unexecuted as to Henry Grayson. (RHutc, ) (Entered: 05/04/2004)

Feb. 11, 2004
6

WAIVER OF SERVICE Returned Executed. Jan Epps waiver sent on 2/11/2004, answer due 4/12/2004. (NHoll, ) (Entered: 03/02/2004)

Feb. 18, 2004
7

ATTORNEY APPEARANCE: Ronald W. Chapman appearing on behalf of Correctional Medical Services, Incorporated. (NHoll, ) (Entered: 03/05/2004)

Feb. 24, 2004
8

MOTION to Dismiss by Correctional Medical Services, Incorporated. (Attachments: # 1 Exhibit 1−3# 2 Document Continuation)(NHoll, ) (Entered: 03/05/2004)

Feb. 24, 2004
9

RESPONSE to 8 Motion to Dismiss filed by Steven Broder. (NHoll, ) (Entered: 04/07/2004)

March 17, 2004
10

AFFIDAVIT of Meritorious defense by Leon Pedell, M. D. (NHoll, ) (Entered: 04/13/2004)

March 18, 2004
11

AFFIDAVIT of Meritorious Defenses by Silas Norman, Jr. M.D. (KGeha, ) (Entered: 04/15/2004)

March 25, 2004
12

CERTIFICATE OF SERVICE re 10 Affidavit (KGeha, ) (Entered: 04/15/2004)

March 25, 2004
13

REPLY to Response re 8 MOTION to Dismiss filed by Correctional Medical Services, Incorporated. (KGeha, ) (Entered: 04/16/2004)

March 26, 2004
14

ATTORNEY APPEARANCE: H. Steven Langschwager appearing on behalf of Patricia L. Caruso, Jan Epps, and George Pramstaller (JGilb, ) (Entered: 04/22/2004)

April 12, 2004
15

INITIAL PAYMENT of Filing fee: $ 59.30, receipt number 505867 by Steven Broder (JGilb, ) (Entered: 04/22/2004)

April 13, 2004
16

ANSWER to Complaint, with Affirmative Defenses and Jury Demand, by Patricia L. Caruso, Jan Epps, Henry Grayson, and George Pramstaller.(JGilb, ) (Entered: 04/26/2004)

April 22, 2004
19

NOTICE of filing fee paid in full (PPaul, ) (Entered: 06/21/2004)

June 16, 2004
20

MOTION to Compel Answers to Discovery as to defendants CMS, Antonni, Axelson, Trimble, Bey, Mathal and Clark by Steven Broder. (RHutc, ) (Entered: 07/01/2004)

June 29, 2004
21

REPORT AND RECOMMENDATION re 8 MOTION to Dismiss filed by Correctional Medical Services, Incorporated, 20 MOTION to Compel filed by Steven Broder Signed by Honorable Paul J Komives. (DHame, ) (Entered: 08/16/2004)

Aug. 9, 2004
22

OBJECTION to 21 Report and Recommendation by Steven Broder. (Attachments: # 1 Document Continuation)(RHutc, ) (Entered: 08/26/2004)

Aug. 23, 2004
25

Waiver of Service Returned Unexecuted as to Benzi Mathai. (RHutc, ) (Entered: 08/30/2004)

Aug. 26, 2004
27

Waiver of Service Returned Unexecuted as to Ray H. Clark. (RHutc, ) (Entered: 08/30/2004)

Aug. 26, 2004
23

WAIVER of Summons Returned Unexecuted as to Henry Grayson. (RHutc, ) Modified on 8/27/2004 (RHutc, ). (Entered: 08/27/2004)

Aug. 27, 2004
26

Waiver of Service Returned Unexecuted as to Malcolm Trimble. (RHutc, ) (Entered: 08/30/2004)

Aug. 27, 2004
28

FIRST AMENDED ANSWER to Complaint by Patricia L. Caruso, Jan Epps, George Pramstaller. (RHutc, ) (Entered: 09/08/2004)

Sept. 7, 2004
29

REPLY to 22 Objection to Report and Recommendation by Patricia L. Caruso, Jan Epps, George Pramstaller. (RHutc, ) (Entered: 09/08/2004)

Sept. 7, 2004
30

MOTION for Leave to file Amended Answer by Patricia L. Caruso, Jan Epps, George Pramstaller. (RHutc, ) (Entered: 09/08/2004)

Sept. 7, 2004
31

RESPONSE to 30 MOTION to Amend filed by plaintiffs. (RHutc, ) (Entered: 09/10/2004)

Sept. 9, 2004
32

CERTIFICATE OF SERVICE by Steven Broder re 31 Response to Motion. (RHutc, ) (Entered: 09/10/2004)

Sept. 9, 2004
35

ORDER Adopting in Part and with Modification 21 REPORT AND RECOMMENDATION and Dismissing Plaintiff's Complaint as to Defendant CMS, with Predudice. Signed by Honorable Gerald E Rosen. (RHutc, ) (Entered: 09/27/2004)

Sept. 22, 2004
33

REPLY to Response re 30 MOTION to Amend/Correct filed by Patricia L. Caruso, Jan Epps, George Pramstaller. (RHutc, ) (Entered: 09/24/2004)

Sept. 23, 2004
34

NOTICE of hearing on 30 MOTION to Amend/Correct. Motion Hearing set for 10/13/2004 11:00 AM before Honorable Paul J Komives. (SJef, ) (Entered: 09/27/2004)

Sept. 27, 2004
36

MOTION to Amend the complaint by Steven Broder. (RHutc, ) (Entered: 10/05/2004)

Oct. 1, 2004
37

NOTICE of hearing on 36 MOTION to Amend/Correct. Motion Hearing set for 10/13/2004 11:00 AM before Honorable Paul J Komives. (SJef, ) (Entered: 10/06/2004)

Oct. 6, 2004
38

AMENDED NOTICE of hearing on 30 MOTION to Amend/Correct, 36 MOTION to Amend/Correct. Motion Hearing set for 10/20/2004 11:00 AM before Honorable Paul J Komives. (SJef, ) (Entered: 10/12/2004)

Oct. 12, 2004
39

MOTION for Leave to Take the deposition of prisoner by Patricia L. Caruso, Jan Epps, George Pramstaller. (RHutc, ) (Entered: 10/14/2004)

Oct. 12, 2004
40

SUMMONS Returned Executed. Aubertro Antonini served on 10/2/2004, answer due 10/22/2004 (RHutc, ) (Entered: 10/19/2004)

Oct. 15, 2004
41

ANSWER to Complaint with Jury Demand by Aubertro Antonini, Benzi Mathai.(DTyle, ) (Entered: 10/19/2004)

Oct. 18, 2004

Minute Entry −Motion Hearing held on 10/20/2004 re 30 MOTION to Amend/Correct filed by Patricia L. Caruso, Jan Epps, George Pramstaller, 36 MOTION to Amend/Correct filed by Steven Broder before Honorable Paul J Komives. Disposition: TAKEN UNDER ADVISEMENT (Tape #04−018) (SJef, ) (Entered: 10/20/2004)

Oct. 20, 2004

Minute Entry −Motion Hearing held on 10/20/2004 re 39 MOTION for Leave to File filed by Patricia L. Caruso, Jan Epps, George Pramstaller before Honorable Paul J Komives. Disposition: TAKEN UNDER ADVISEMENT (Tape #04−018) (SJef, ) (Entered: 10/20/2004)

Oct. 20, 2004
42

ORDER granting 39 Motion for Leave to take deposition of prisoner− Signed by Honorable Paul J Komives. (RHutc, ) (Entered: 10/22/2004)

Oct. 20, 2004
43

ORDER granting 36 Motion to Amend Complaint.− Signed by Honorable Paul J Komives. (RHutc, ) (Entered: 10/22/2004)

Oct. 20, 2004
45

ORDER granting 30 Motion to Amend Answer− Signed by Honorable Paul J Komives. (RHutc, ) (Entered: 11/15/2004)

Nov. 9, 2004
46

MEMORANDUM regarding Dismissal filed by Steven Broder. (RHutc, ) (Entered: 11/16/2004)

Nov. 12, 2004
47

ORDER for Steven Broder to Show Cause why this case should not be dismissed. Signed by Honorable Paul J Komives. (RHutc, ) (Entered: 12/07/2004)

Dec. 6, 2004
48

RESPONSE TO ORDER TO SHOW CAUSE by Steven Broder. (RHutc, ) (Entered: 12/16/2004)

Dec. 13, 2004
49

AMENDED COMPLAINT filed by Steven Broder against Defendants(RHutc, ) (Entered: 12/16/2004)

Dec. 13, 2004
50

ANSWER to First Amended Complaint with Jury Demand by Craig Hutchinson, Aubertro Antonini, Benzi Mathai.(RHutc, ) (Entered: 01/05/2005)

Dec. 30, 2004
51

NOTICE of filing reliance on affidavit of meritiorious defense by Aubertro Antonini, Craig Hutchinson, Benzi Mathai (RHutc, ) (Entered: 01/05/2005)

Dec. 30, 2004
52

NOTICE of non−party fault filed by Aubertro Antonini, Craig Hutchinson, Benzi Mathai (RHutc, ) (Entered: 01/05/2005)

Dec. 30, 2004
53

NOTICE of Appearance by Ronald W. Chapman on behalf of Aubertro Antonini, Craig Hutchinson, Benzi Mathai. (RHutc, ) (Entered: 02/10/2005)

Dec. 30, 2004
54

ORDER Directing Plaintiff to provide correct address for defendant Grayson Signed by Honorable Paul J Komives. (RHutc, ) (Entered: 02/18/2005)

Feb. 8, 2005
55

RESPONSE to order to provide correct address by Steven Broder. (RHutc, ) (Entered: 03/07/2005)

March 3, 2005
56

ADDRESS of Henry Grayson (filed under seal). (DPer, ) (Entered: 03/14/2005)

March 11, 2005
57

ORDER Directing the Clerk of the Court to Unseal and then Reseal the Court File. Signed by Honorable Gerald E Rosen. (NHoll, ) (Entered: 04/06/2005)

April 4, 2005
58

CERTIFICATE OF SERVICE of Summons, Complaint and Order. (NHoll, ) (Entered: 04/06/2005)

April 5, 2005
59

ORDER to Take Plaintiff's Deposition pursuant to FRCP 30. Signed by Honorable Paul J Komives. (NHoll, ) (Entered: 04/18/2005)

April 12, 2005
60

ATTORNEY APPEARANCE: Kevin M. Thom appearing on behalf of Henry Grayson with Certificate of Service .(Thom, Kevin) (Entered: 05/03/2005)

May 3, 2005
61

WAIVER OF SERVICE returned executed. Henry Grayson waiver sent on 4/13/2005, answer due 6/13/2005. (DPer, ) (Entered: 05/05/2005)

May 4, 2005
62

NOTICE of hearing. Motion Hearing set for 8/1/2005 10:00 AM before Honorable Paul J Komives. (EBut, ) (Entered: 05/24/2005)

May 24, 2005
63

NOTICE of hearing. Motion Hearing set for 8/17/2005 09:30 AM before Honorable Paul J Komives. (EBut, ) (Entered: 06/17/2005)

June 17, 2005
64

SCHEDULING ORDER: Discovery due by 11/1/2005. Signed by Honorable Paul J Komives. (Refer to image for additional dates)(EBut, ) (Entered: 08/18/2005)

Aug. 17, 2005
65

MOTION TO EXTEND Discovery and other schedule deadlines by Steven Broder. (Reingold, Paul) (Entered: 10/25/2005)

Oct. 25, 2005
66

EXPERT WITNESS LIST by Aubertro Antonini, Craig Hutchinson, Benzi Mathai (Richtarcik, Brian) (Entered: 11/03/2005)

Nov. 3, 2005
67

Preliminary Expert WITNESS LIST by Steven Broder (Reingold, Paul) (Entered: 11/03/2005)

Nov. 3, 2005
69

ORDER to extend scheduling order dates. Signed by Honorable Paul J Komives. (EBut, ) (Entered: 12/21/2005)

Dec. 15, 2005
70

STIPULATION to Extend Scheduling Order by Steven Broder. (Attachments: # 1 proposed order extending scheduling# 2 Proof of Service)(Reingold, Paul) (Entered: 04/04/2006)

April 4, 2006
71

ORDER to Extend scheduling order dates for 60 days. Signed by Honorable Paul J Komives. (DEld, ) (Entered: 04/27/2006)

April 26, 2006
72

MOTION TO EXTEND Time to File a Dispositive Motion with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Thom, Kevin) (Entered: 07/28/2006)

July 28, 2006
73

ATTORNEY SUBSTITUTION for George Pramstaller, Jan Epps, Patricia L. Caruso: Kevin M. Thom added. Attorney H. Steven Langschwager terminated. with Certificate of Service. .(Thom, Kevin) (Entered: 07/28/2006)

July 28, 2006
74

RESPONSE to 72 MOTION TO EXTEND Time to File a Dispositive Motion with Brief in Support and Certificate of Service filed by Correctional Medical Services, Incorporated, Aubertro Antonini, Craig Hutchinson, Benzi Mathai. (Attachments: # 1 Exhibit Exhibit A Letter dated 7/26/06)(Richtarcik, Brian) (Entered: 08/14/2006)

Aug. 14, 2006
75

ORDER granting 72 Motion to Extend − Signed by Honorable Paul J Komives. (EBut, ) (Entered: 08/15/2006)

Aug. 15, 2006
76

[FILIN ERROR − R11; PROPOSED ORDERS] STIPULATION to Dismiss by Henry Grayson. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1−− Stipulation w/Actual signatures)(Thom, Kevin) Modified on 9/27/2006 (SMar, ). (Entered: 09/27/2006)

Sept. 27, 2006
77

MOTION TO EXTEND Time to File Dispositive Motions with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Thom, Kevin) (Entered: 11/30/2006)

Nov. 30, 2006
78

[FILING ERROR − WRONG EVENT USED] MOTION for Summary Judgment by Craig Hutchinson, Benzi Mathai. (Richtarcik, Brian) Modified on 12/1/2006 (CGre, ). (Entered: 11/30/2006)

Nov. 30, 2006
79

MOTION for Summary Judgment by Craig Hutchinson, Benzi Mathai. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit A−1 MDOC Medical Chart# 3 Exhibit A−2 MDOC Medical Chart continued# 4 Exhibit B − Dep of Audberto Antonino, MD# 5 Exhibit C − Dep of Bency Mathai, MD# 6 Exhibit D − Dep of Ronald Kornak, MD# 7 Exhibit E − Dep of James Hayman, MD# 8 Exhibit F − Dep of Christine Tsien, MD# 9 Exhibit G − Dep of John Axelson, MD# 10 Exhibit H − Dep of Carol Bradford, MD# 11 Exhibit I − Notice of Intent# 12 Exhibit J − Original Complaint# 13 Exhibit K − Affidavits of Merit# 14 Exhibit L − First Amended Complaint# 15 Exhibit M − Affidmative Defenses# 16 Exhibit N − Specialty Consults/Reorts by MDOC# 17 Exhibit O − Dep of Brent Williams, MD# 18 Exhibit P Baily V Pornpichit care)(Richtarcik, Brian) (Entered: 12/01/2006)

Nov. 30, 2006
80

[FILING ERROR RESPONSE FILED WITHOUT BRIEF] RESPONSE to 77 MOTION TO EXTEND Time to File Dispositive Motions with Brief in Support and Certificate of Service filed by Steven Broder. (Reingold, Paul) Modified on 12/4/2006 (BSoc, ). (Entered: 12/01/2006)

Dec. 1, 2006
81

RESPONSE to 77 MOTION TO EXTEND Time to File Dispositive Motions with Brief in Support and Certificate of Service motion with brief in support and pos filed by Steven Broder. (Reingold, Paul) (Entered: 12/04/2006)

Dec. 4, 2006
82

ORDER granting 77 Motion to Extend − Signed by Honorable Paul J Komives. (EBut, ) (Entered: 12/05/2006)

Dec. 5, 2006
84

RESPONSE to 79 MOTION for Summary Judgment Brief in Response to Defendants Motion for Summary Judgment filed by Steven Broder. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit A Brent Williams Report# 3 Exhibit B Carol Bradford Report)(Reingold, Paul) (Entered: 12/20/2006)

Dec. 20, 2006
85

EXHIBIT C−O re 84 Response to Motion, by Steven Broder. (Attachments: # 1 Exhibit C 2 Medical Chart# 2 Exhibit D 1 Medical Records# 3 Exhibit D2 Medical Records# 4 Exhibit D 3 Medical Records# 5 Exhibit D 4 Medical Records# 6 Exhibit D 5 Medical Records# 7 Exhibit D 6 Medical Records# 8 Exhibit E Grievances etc# 9 Exhibit F 1Pramstaller Dep# 10 Exhibit F 2 Pramstaller Dep# 11 Exhibit G Broder Dep# 12 Exhibit H Mathai Dep# 13 Exhibit I Hutchinson Dep# 14 Exhibit J Antonini Dep# 15 Exhibit K Hayman Dep# 16 Exhibit L Tsien Dep# 17 Exhibit M Williams Dep# 18 Exhibit N Bradford Dep# 19 Exhibit O Norman Dep)(Reingold, Paul) (Entered: 12/20/2006)

Dec. 20, 2006
86

EXHIBIT P−U re 84 Response to Motion, by Steven Broder. (Attachments: # 1 Exhibit P 2 Hadix case 2002# 2 Exhibit P 3 Hadix case 2002# 3 Exhibit P 4 Hadix case 2002# 4 Exhibit Q Hadix case 2006# 5 Exhibit R Complaint 03−12.17# 6 Exhibit S Notice of Intent 03.04.27# 7 Exhibit T 1 Aff. of Merit Bradford# 8 Exhibit T 2 Aff of Merit Williams# 9 Exhibit U 2 Zemaitis v Spectrum# 10 Index of Exhibits U 1 Boodt v Borgess)(Reingold, Paul) (Entered: 12/20/2006)

Dec. 20, 2006
87

MOTION to Dismiss and/or for Summary Judgment with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 (part 1) Deposition Transcript of Steven Broder# 3 Exhibit 1 (part 2) Deposition Transcript of Steven Broder# 4 Exhibit 2 − Defendant Pramstaller's Responses to Pltf's Second Set of Interrogatories# 5 Exhibit 3 − Deposition Transcript of Brent Cutler Williams, M.D.# 6 Exhibit 4 − Defendant Epps' Responses to Plaintiff's Second Set of Interrogatories# 7 Exhibit 5 − 12/6/06 Opinion/Order in Irving v. Kelly, et al)(Thom, Kevin) (Entered: 12/20/2006)

Dec. 20, 2006
88

MOTION for Leave to File Excess Pages with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Thom, Kevin) (Entered: 12/20/2006)

Dec. 20, 2006
89

EXHIBIT T Signed re 84 Response to Motion, by Steven Broder. (Attachments: # 1 Exhibit T Affidavit Bradford Signed# 2 Exhibit T Affidavit Williams Signed)(Reingold, Paul) (Entered: 01/02/2007)

Jan. 2, 2007
90

RESPONSE to 87 MOTION to Dismiss and/or for Summary Judgment with Brief in Support and Certificate of Service Brief in Response to Defendants' Motion filed by Steven Broder. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit 1 Pramstaller dep# 3 Exhibit 2 Barrett dep)(Reingold, Paul) (Entered: 01/19/2007)

Jan. 19, 2007
91

Ex Parte MOTION for Leave to File Excess Pages with brief by Steven Broder. (Reingold, Paul) (Entered: 01/19/2007)

Jan. 19, 2007
92

MOTION for Extension of Time to File Response/Reply as to 90 Response to Motion, with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Thom, Kevin) (Entered: 01/24/2007)

Jan. 24, 2007
93

STIPULATION AND ORDER to Dismiss Aubertro Antonini with prejudice. Signed by Honorable Paul J Komives. (CGre, ) (Entered: 01/30/2007)

Jan. 29, 2007
94

NOTICE by George Pramstaller, Jan Epps, Patricia L. Caruso re 87 MOTION to Dismiss and/or for Summary Judgment with Brief in Support and Certificate of Service Withdrawal of Argument "G" in their Motion to Dismiss and/or for Summary Judgment (Thom, Kevin) (Entered: 02/07/2007)

Feb. 7, 2007
95

Second MOTION for Extension of Time to File Response/Reply as to 90 Response to Motion,, 92 MOTION for Extension of Time to File Response/Reply as to 90 Response to Motion, with Brief in Support and Certificate of Service by George Pramstaller, Jan Epps, Patricia L. Caruso. (Thom, Kevin) (Entered: 02/07/2007)

Feb. 7, 2007
97

ORDER finding as moot 92 Motion for Extension of Time to File Response/Reply ; granting 95 Motion for Extension of Time to File Response/Reply. Signed by Honorable Paul J Komives. (EBut) (Entered: 03/26/2007)

March 26, 2007
98

ORDER of DISQUALIFICATION and REASSIGNING CASE from Judge Gerald E Rosen to Judge Nancy G Edmunds. Signed by Honorable Gerald E Rosen. (SSch) (Entered: 08/17/2007)

Aug. 17, 2007
99

ORDER Dismissing Henry Grayson pursuant to Stipulation filed 9/27/2006. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 08/17/2007)

Aug. 17, 2007
102

OBJECTION to 100 Report and Recommendation by Craig Hutchinson, Benzi Mathai. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − Report and Recommendation# 3 Exhibit B − Defendants Mathai and Hutchinson's Motion to Dismiss# 4 Exhibit C − MDOC Policy Directive 03.04.100 re Health Services# 5 Exhibit D − Williams v United States case# 6 Exhibit E − Hun Dae Lee v. Putz case# 7 Exhibit F − Deposition of Bency Mathai, MD) (Richtarcik, Brian) (Entered: 09/13/2007)

Sept. 13, 2007

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 24, 2003

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a prisoner in the custody of the Michigan Department of Corrections who died as a result of throat cancer and related complications.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Michigan Clinical Law Program

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Correctional Medical Services, Inc., Private Entity/Person

Aubertro Antonini, State

George Pramstaller, State

Jan Epp , State

Patricia L. Caruso, State

Henry Grayson, State

Craig Hutchinson, State

Bency Mathai, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement

Issues

General:

Personal injury

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run