Case: Broder v. Correctional Medical Services, Inc.

Broder v. Correctional Medical Services

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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)

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)

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

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

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

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

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

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

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

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

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

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

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)

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

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)

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

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)

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)

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

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

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

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

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

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)

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)

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

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

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)

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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)

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

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

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

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

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

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

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)

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)

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)

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

[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)

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)

[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)

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)

[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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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

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

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)

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)

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)

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)