Case: Fernandez v. Northampton County

5:09-cv-00320 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 19, 2009

Closed Date: March 18, 2010

Clearinghouse coding complete

Case Summary

Plaintiff was an inmate in the Northampton County Prison (NCP); he brought § 1983 lawsuit in the Eastern District of Pennsylvania against the county, the wardens of the jail, the medical service contractor, and specific health care providers for unsanitary conditions in the jail, the inadequacy of the medical care provided, and the failure of developing a quarantine protocol that lead to the plaintiff contracting multiple Methicillin-resistant Staphylococcus aureus (MRSA) infections. MRSA infections can be deadly.

After Magistrate Judge Perkins dismissed the case as to the specific medical staff working at the facility, the case was settled pursuant to Local Rule 41(b) on March 18, 2010, which allows a court-sanctioned dismissal after the parties have notified the court of reaching a settlement agreement. The terms of that settlement are unknown.

Summary Authors

Blase Kearney (4/9/2012)

People


Judge(s)

Golden, Thomas M. (Pennsylvania)

Attorneys(s) for Plaintiff

Williams, Gerald J. (Pennsylvania)

Attorneys(s) for Defendant

Baird, Macavan A. (Pennsylvania)

Brenner, Thomas Edward (Pennsylvania)

Kepner, Timothy James (Pennsylvania)

Macmain, David J. (Pennsylvania)

Sembrot, Joseph M. (Pennsylvania)

Judge(s)

Golden, Thomas M. (Pennsylvania)

Attorneys(s) for Plaintiff

Williams, Gerald J. (Pennsylvania)

Attorneys(s) for Defendant

Baird, Macavan A. (Pennsylvania)

Brenner, Thomas Edward (Pennsylvania)

Kepner, Timothy James (Pennsylvania)

Macmain, David J. (Pennsylvania)

Sembrot, Joseph M. (Pennsylvania)

Documents in the Clearinghouse

Document

5:09-cv-00320

Docket [PACER]

March 18, 2010

March 18, 2010

Docket
1

5:09-cv-00320

Complaint

Fernandez v. County of Northampton

Jan. 19, 2009

Jan. 19, 2009

Complaint
23

5:09-cv-00320

Answer and Affirmative Defenses of Northampton County

Fernandez v. County of Northampton

May 13, 2009

May 13, 2009

Pleading / Motion / Brief
35

5:09-cv-00320

Order

Fernandez v. County of Northampton

March 18, 2010

March 18, 2010

Order/Opinion

Resources

Docket

Last updated Aug. 7, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 954422.), filed by ANTHONY FERNANDEZ.(ks, ) (Additional attachment(s) added on 1/9/2012: # 1 designation form) (gs, ). (Entered: 01/23/2009)

Jan. 22, 2009

Jan. 22, 2009

6 Summonses Issued as to NORTHAMPTON COUNTY, PRIME CARE MEDICAL, INC., WILLIAM SPRAGUE, VICTORIA GESSNER, MD, TODD HASKINS, RN, TODD BUSKIRK. Forwarded To: Counsel on 1/23/09 (ks, ) (Entered: 01/23/2009)

Jan. 22, 2009

Jan. 22, 2009

DEMAND for Trial by Jury by ANTHONY FERNANDEZ. (ks, ) (Entered: 01/23/2009)

Jan. 22, 2009

Jan. 22, 2009

2

NOTICE of Appearance by DAVID J. MACMAIN on behalf of NORTHAMPTON COUNTY, TODD BUSKIRK with Jury Demand and

Jan. 29, 2009

Jan. 29, 2009

4

CONSOLIDATED DISCOVERY SCHEDULING ORDER THAT ALL FACT DISCOVERY SHALL BE COMPLETED BY 3/30/2009. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 1/29/09. 2/2/09 ENTERED AND COPIES E−MAILED.(ky, ) (Entered: 02/02/2009)

Jan. 29, 2009

Jan. 29, 2009

5

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: An In Person Settlement Conference was held on 2/2/09 and was not placed on the record. (ky, ) (Entered: 02/03/2009)

Feb. 2, 2009

Feb. 2, 2009

6

ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IS SCHEDULED FOR 2/17/2009 AT 10:00 A.M. BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/2/09. 2/3/09 ENTERED AND COPIES E−MAILED.(ky, ) (ky, ). (Entered: 02/03/2009)

Feb. 2, 2009

Feb. 2, 2009

7

NOTICE of Appearance by THOMAS E. BRENNER on behalf of PRIME CARE MEDICAL, INC., VICTORIA GESSNER, MD, TODD HASKINS, RN (BRENNER, THOMAS) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

8

Statement Disclosure Statement by PRIME CARE MEDICAL, INC., VICTORIA GESSNER, MD, TODD HASKINS, RN. (BRENNER, THOMAS) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

9

NOTICE of Appearance by JOSEPH M. SEMBROT on behalf of PRIME CARE MEDICAL, INC., VICTORIA GESSNER, MD, TODD HASKINS, RN (SEMBROT, JOSEPH) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

11

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 2/17/09 and was not placed on the record. (ky, ) (Entered: 02/23/2009)

Feb. 17, 2009

Feb. 17, 2009

10

WAIVER OF SERVICE Returned Executed by ANTHONY FERNANDEZ. PRIME CARE MEDICAL, INC. waiver sent on 2/5/2009, answer due 4/6/2009; VICTORIA GESSNER, MD waiver sent on 2/5/2009, answer due 4/6/2009; TODD HASKINS, RN waiver sent on 2/5/2009, answer due 4/6/2009. (WILLIAMS, GERALD) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

12

NOTICE of Appearance by THOMAS E. BRENNER on behalf of WILLIAM SPRAGUE (BRENNER, THOMAS) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

13

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 3/19/09. Court Reporter: None. (er, ) (Entered: 03/20/2009)

March 19, 2009

March 19, 2009

14

ORDER THAT DISCOVERY DISPUTES IN THE ABOVE−CAPTIONED MATTERS ARE HEREBY REFERRED TO UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN. IT IS FURTHER ORDERED THAT IF DISCOVERY DISPUTES CANNOT BE AMICABLY RESOLVED, OR IF ADDITIONAL DEPOSITIONS OR OTHER DISCOVERY IS REQUIRED, SUCH DISPUTES OR REQUESTS SHALL IMMEDIATELY BE BROUGHT TO THE ATTENTION OF MAGISTRATE JUDGE PERKIN BY LETTER OR OTHER INFORMAL MEANS, OR BY SUCH OTHER MEANS AS DIRECTED BY MAGISTRATE JUDGE PERKIN. ANY PARTY CONTENDING THAT THE ORDER OF THE MAGISTRATE JUDGE IS CLEARLY ERRONEOUS OR CONTRARY TO LAW MAY FILE A PETITION TO RECONSIDER, TOGETHER WITH A PROPOSED ORDER, DIRECTED TO THE UNDERSIGNED, PURSUANT TO 28 U.S.C. §636(B)(1)(A). SIGNED BY HONORABLE THOMAS M. GOLDEN ON 3/19/09. 3/24/09 ENTERED AND COPIES MAILED, E−MAILED.(mas, ) (Entered: 03/24/2009)

March 23, 2009

March 23, 2009

15

WAIVER OF SERVICE Returned Executed by ANTHONY FERNANDEZ. NORTHAMPTON COUNTY waiver sent on 3/18/2009, answer due 5/18/2009.

March 27, 2009

March 27, 2009

17

ORDER THAT A TELEPHONIC DISCOVERY CONFERENCE WILL BE HELD ON 4/9/2009 AT 10:00 A.M. BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/30/09. 3/30/09 ENTERED AND COPIES E−MAILED AND SERVED BY CHAMBERS. (ky, ) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

18

STIPULATION of Dismissal of Individual Defendants by PRIME CARE MEDICAL, INC., WILLIAM SPRAGUE, VICTORIA GESSNER, MD, TODD HASKINS, RN. (Attachments: # 1 Text of Proposed Order)(BRENNER, THOMAS) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

19

ORDER THAT BASED ON THE STIPULATION OF THE PARTIES, DEFENDANTS DR. VICTORIA GESSNER, DR. WILLIAM SPRAGUE, TODD HASKINS, AND TODD BUSKIRK ARE DISMISSED. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 4/1/09. 4/2/09 ENTERED AND COPIES E−MAILED.(ky, ) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

20

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Non−Final Pretrial Conference (Discovery) was held on 4/9/09 and was placed on the record. (ky, ) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

21

ORDER THAT PLAINTIFFS' MARCH 27, 2009 LETTER MOTION TO COMPEL RESPONSES TO DISCOVERY BY DEFENDANTS NORTHAMPTON COUNTY PRISON AND TODD BUSKIRK IS GRANTED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/9/09. 4/14/09 ENTERED AND COPIES E−MAILED. (ky, ) (Entered: 04/14/2009)

April 9, 2009

April 9, 2009

22

ORDER THAT THE COURT'S ORDER OF 1/9/09 CONSOLIDATING CA07−3514, CA07−4341, CA07−4414, CA08−397, CA08−463, CA08−464, CA08−699, CA08−701, CA08−943, CA08−944, CA08−1285, CA08−2167, CA08−2168, CA08−2179, CA08−3142, CA08−3291, CA08−3292, CA08−3628, CA08−4296, CA08−4327, CA08−4677, CA08−4708, CA08−4732, CA08−5947, AND CA08−5948 BEFORE THE HONORABLE THOMAS M. GOLDEN FOR THE PURPOSES OF DISCOVERY ONLY SHALL REMAIN IN EFFECT AT THE PRESENT TIME; IT IS FURTHER ORDERED THAT CA09−019, CA09−020, CA09−107, CA09−320, CA09−949, CA09−950, CA09−951, AND CA09−952 ARE ALSO CONSOLIDATED WITH THESE TWENTY−SIX CASES BEFORE THE HONORABLE THOMAS M. GOLDEN FOR THE PURPOSES OF DISCOVERY ONLY. 4/24/09 ENTERED AND COPIES E−MAILED TO COUNSEL.(pr, ) (Entered: 04/24/2009)

April 23, 2009

April 23, 2009

23

ANSWER to 1 Complaint with AFFIRMATIVE DEFENSES and CERTIFICATE OF SERVICE by NORTHAMPTON COUNTY, TODD BUSKIRK.(MACMAIN, DAVID) (Entered: 05/13/2009)

May 13, 2009

May 13, 2009

24

NOTICE of Appearance by TIMOTHY JAMES KEPNER on behalf of NORTHAMPTON COUNTY (KEPNER, TIMOTHY) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

25

NOTICE of Withdrawal of Appearance by MACAVAN A. BAIRD on behalf of NORTHAMPTON COUNTY(BAIRD, MACAVAN) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

26

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 6/24/09 and was not placed on the record. (ky, ) (Entered: 06/26/2009)

June 24, 2009

June 24, 2009

27

ORDER ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE IN THE ABOVE−CAPTIONED CASE WILL BE HELD ON FRIDAY, JULY 10, 2009, AT 10:00 A.M. BEFORE THE HONORABLE THOMAS M. GOLDEN, UNITED STATES DISTRICT COURT JUDGE, AND THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, IN SUITE 4401, UNITED STATES COURTHOUSE AND FEDERAL BUILDING, 504 WEST HAMILTON STREET, ALLENTOWN, PA. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 6/25/09. 6/30/09 ENTERED AND COPIES MAILED, E−MAILED. (er, ) (Entered: 06/30/2009)

June 26, 2009

June 26, 2009

28

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 7/1/09. Court Reporter: None. (er, ) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

29

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: An In Person Settlement Conference was held on 7/10/09 and was not placed on the record. (ky, ) (Entered: 07/13/2009)

July 10, 2009

July 10, 2009

30

Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 7/29/09 and was not placed on the record. (ky, ) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

31

ORDER THAT EACH CASE SHALL PROCEED TO TRIAL OR DISPOSTIVE MOTION STAGE ACCORDING TO THE SCHEDULE SET BY THE INDIVIDUAL JUDGE TO WHOM EACH CASE IS ASSIGNED. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 11/25/09. 12/1/09 ENTERED AND COPIES MAILED, E−MAILED.(mas, ) (Entered: 12/01/2009)

Nov. 25, 2009

Nov. 25, 2009

32

ORDER THAT ALL MOTIONS FOR SUMMARY JUDGMENT IN THESE ACTIONS SHALL BE FILED ON OR BEFORE MARCH 15, 2010. THE PARTIES SHALL HAVE THIRTY (30) DAYS TO FILE RESPONSES TO ANY MOTIONS. IT IS FURTHER ORDERED THAT COUNSEL FOR PLAINTIFFS AND COUNSEL FOR DEFENDANTS SHALL EACH FILE A CONSOLIDATED STATEMENT OF APPLICABLE LAW, WHICH SHALL NOT EXCEED FIFTEEN (15) PAGES, WHICH PROVIDES AN OVERVIEW OF THE LAW PERTINENT TO ALL CASES. IF COUNSEL WISH, THEY MAY FILE ONE CONSOLIDATED STATEMENT IN SUPPORT OF THEIR MOTIONS, AND AN ADDITIONAL CONSOLIDATED STATEMENT IN SUPPORT OF THEIR RESPONSES TO THE OPPOSING PARTIES MOTIONS. IT IS FURTHER ORDERED THAT INDIVIDUALIZED MOTIONS AND RESPONSES SHALL APPLY THE FACTS OF THE CASE OF EACH SPECIFIC PLAINTIFF TO THE APPLICABLE LAW, BUT SHOULD NOT CONTAIN A SUMMARY OF THE LAW. SAID MOTIONS AND RESPONSES SHALL NOT EXCEED FIFTEEN (15) PAGES. IT IS FURTHER ORDERED THAT FOR EACH INDIVIDUAL CASE, THE PARTIES ARE ENCOURAGED TO SUBMIT STATEMENTS OF STIPULATED FACTS WHEN POSSIBLE. THERE IS NO PAGE LIMITATION ON STATEMENTS OF STIPULATED FACTS. IT IS FURTHER ORDERED THAT SHOULD SPECIFIC CASES REQUIRE ADDITIONAL BRIEFING, THE PARTIES MUST MOVE FOR LEAVE OF COURT BEFORE FILING ADDITIONAL MATERIAL. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 1/14/10. 1/20/10 ENTERED AND COPIES MAILED, E−MAILED.(mas, ) (Entered: 01/20/2010)

Jan. 19, 2010

Jan. 19, 2010

33

ANSWER to 1 Complaint by PRIME CARE MEDICAL, INC..(BRENNER, THOMAS) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

34

MOTION for Summary Judgment filed by PRIME CARE MEDICAL, INC..Brief. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(BRENNER, THOMAS) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

35

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE THOMAS M. GOLDEN ON 03/18/2010. 03/18/2010 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(mls, ) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 19, 2009

Closing Date: March 18, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmate at Northampton County Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Northampton (Northampton), County

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)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

None yet

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Sanitation / living conditions

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Skin Infections