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)

Attorney for Plaintiff
Attorney for Defendant

Chapman, Ronald W. (Michigan)

Juip, Randall A. (Michigan)

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Documents in the Clearinghouse

Document

2:03-cv-75106

Docket

Dec. 4, 2009

Dec. 4, 2009

Docket
3

2:03-cv-75106

COMPLAINT AND JURY DEMAND

Dec. 17, 2003

Dec. 17, 2003

Complaint
8

2:03-cv-75106

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

Feb. 24, 2004

Feb. 24, 2004

Pleading / Motion / Brief
9

2:03-cv-75106

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

March 17, 2004

March 17, 2004

Pleading / Motion / Brief
21

2:03-cv-75106

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

Aug. 9, 2004

Magistrate Report/Recommendation
35

2:03-cv-75106

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

Sept. 22, 2004

Order/Opinion
157-3

2:03-cv-75106

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

Broder v. Correctional Medical Services

June 6, 2006

June 6, 2006

Monitor/Expert/Receiver Report
79

2:03-cv-75106

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

Nov. 30, 2006

Nov. 30, 2006

Pleading / Motion / Brief
87

2:03-cv-75106

DEFENDANTS' MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT

Dec. 20, 2006

Dec. 20, 2006

Pleading / Motion / Brief
84

2:03-cv-75106

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

Dec. 20, 2006

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 April 12, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

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

Dec. 19, 2003

Dec. 19, 2003

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

Dec. 24, 2003

3

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

Dec. 24, 2003

Dec. 24, 2003

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

Jan. 28, 2004

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

Feb. 9, 2004

17

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

Feb. 11, 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

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

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

Feb. 24, 2004

9

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

March 17, 2004

March 17, 2004

10

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

March 18, 2004

March 18, 2004

11

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

March 25, 2004

March 25, 2004

12

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

March 25, 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

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

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

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

April 22, 2004

19

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

June 16, 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

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

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

Aug. 23, 2004

25

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

Aug. 26, 2004

Aug. 26, 2004

27

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

Aug. 26, 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

Aug. 27, 2004

26

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

Aug. 27, 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

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

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

Sept. 7, 2004

31

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

Sept. 9, 2004

Sept. 9, 2004

32

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

Sept. 9, 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

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

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

Sept. 27, 2004

36

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

Oct. 1, 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

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

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

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

Oct. 15, 2004

41

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

Oct. 18, 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

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

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

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

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

Nov. 9, 2004

46

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

Nov. 12, 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

Dec. 6, 2004

48

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

Dec. 13, 2004

Dec. 13, 2004

49

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

Dec. 13, 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

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

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

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

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

Feb. 8, 2005

55

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

March 3, 2005

March 3, 2005

56

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

March 11, 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

April 4, 2005

58

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

April 5, 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

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

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

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

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

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

Aug. 17, 2005

65

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

Oct. 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

Nov. 3, 2005

67

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

Nov. 3, 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

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

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

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

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

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

Aug. 14, 2006

75

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

Aug. 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

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

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

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

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

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

Dec. 4, 2006

82

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

Dec. 5, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aug. 17, 2007

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

Aug. 29, 2007

RECAP
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

Sept. 5, 2007

RECAP
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

Sept. 13, 2007

103

ORDER of DISQUALIFICATION and REASSIGNING CASE from Judge Nancy G Edmunds to Judge Marianne O Battani. Signed by Honorable Nancy G Edmunds. (SSch) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

104

RESPONSE to 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 Ojections to R and R as to the MDOC Defendants filed by Steven Broder. (Reingold, Paul) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available 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/Misc.:

Personal injury

Medical/Mental Health Care:

Medical care, general

Medication, administration of