Case: Chimenti v. Pennsylvania Department of Corrections

2:15-cv-03333 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 12, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 12, 2015, three individuals incarcerated and suffering from complications due to Hepatitis C viral infections filed this class action suit in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Corrections under 42 U.S.C. § 1983, claiming violations of the Eighth Amendment, and of Article I § 13 of the Pennsylvania Constitution. Represented by private counsel and the PA Institutional Law Project, the plaintiffs alleged that th…

On June 12, 2015, three individuals incarcerated and suffering from complications due to Hepatitis C viral infections filed this class action suit in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued the Pennsylvania Department of Corrections under 42 U.S.C. § 1983, claiming violations of the Eighth Amendment, and of Article I § 13 of the Pennsylvania Constitution. Represented by private counsel and the PA Institutional Law Project, the plaintiffs alleged that the DOC had a policy and practice of denying necessary medical care to inmates diagnosed with Hepatitis C. In denying care, the DOC placed the inmates at serious and unnecessary risk for irreparable harm and death. The plaintiffs estimated that 20% of the state's prisoners were infected with Hepatitis C at the time of the lawsuit. The defendants did not authorize treatment with drugs that recently were established to be effective and the new standard of care, and in fact ceased providing treatment altogether. The plaintiffs sued for declaratory and injunctive relief.

On March 7, 2016, Judge John Padova ordered that the motion for class certification be stayed pending resolution of the defendant's motion to dismiss. On March 21, 2016, Judge Padova issued an order partially granting and partially denying the defendants' motion to dismiss. 2016 WL 1125580. The plaintiffs filed an amended complaint on February 3, 2017, and the defendants filed another motion to dismiss for failure to state a claim on February 8. The court ruled on this motion on August 8, 2017, granting it in part and denying it in part. The court found that the plaintiffs sufficiently alleged that defendants had been deliberately indifferent, and that portion of the complaint met the standard to survive a motion to dismiss. The court dismissed the allegations of the medical defendants, finding that they were not responsible for creating the DOC's policy and could not be held responsible for it. A number of additional claims were dismissed pursuant to the agreement of the parties. 2017 WL 3394605.

The defendants moved for summary judgment on October 2, 2017. Meanwhile, the court granted the plaintiffs' renewed motion for class certification on May 24, 2018. The class was certified as all persons who are currently incarcerated in a Pennsylvania DOC facility with a diagnosed condition of Chronic Hepatitis C, who have at least twelve weeks remaining on their sentences, and who have a life expectancy of over a year. 2018 WL 2388665. On July 12, 2018, the court granted in part and denied in part the defendants' motion for summary judgment. The court granted the motion with respect to one plaintiffs' personal claims for injunctive relief, the plaintiffs' claim for injunctive relief under Article I, § 13 of the Pennsylvania Constitution, and a portion of the medical malpractice claim. The court denied the remainder of the counts. 2018 WL 3388305. The parties held a settlement conference on October 17, 2018.

On November 19, 2018, the parties entered into a settlement agreement on plaintiffs' claims for injunctive relief. The defendant agreed to replace its current Hepatitis C protocol with a new protocol that incorporated the terms of the settlement agreement. The defendant agreed to provide enhanced medical evaluation and treatment to class members, including direct-acting antivirals to class members when necessary. The settlement agreement also amended the class to include inmates with Hepatitis C who entered the Department of Corrections after the date of class certification. DOC also agreed to provide ongoing reports to plaintiffs' counsel with data regarding testing, diagnosis, evaluation, and treatment of all class members in prison currently diagnosed with Hepatitis C. The agreement also allowed for a notice-and-comment period prior to any revisions or changes to the Hepatitis C Protocol. Plaintiffs' counsel agreed it would provide the defendant with notice of any potential noncompliance. The parties agreed to enter into good-faith discussion to solve any disputes that may arise from unforeseen circumstances. The parties agreed that the Settlement Agreement was to be subjected to the final approval of the court, and that the court would retain jurisdiction to enforce the Agreement and to resolve any disputes that may arise. The DOC agreed to pay the plaintiffs’ $195,000 in attorneys’ fees and costs.

The court approved the settlement agreement on February 7, 2019. The court retains jurisdiction over the case until June 30, 2022. The court may only extend the agreement in one year increments in the event of a finding of noncompliance with its terms, but not beyond five years from the date of approval. Therefore, the case remains ongoing.

Summary Authors

Virginia Weeks (9/29/2016)

Elizabeth Heise (11/10/2018)

Eva Richardson (8/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4371810/parties/chimenti-v-pennsylvania-department-corrections-doc/


Judge(s)

Padova, John R. (Pennsylvania)

Rice, Timothy R. (Pennsylvania)

Attorneys(s) for Plaintiff

Brown, Stephen D. (Pennsylvania)

Levin, Christine C. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Solove, Ethan (Pennsylvania)

Wong, Rose Marie C (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Foreman, Samuel H. (Pennsylvania)

Judge(s)

Padova, John R. (Pennsylvania)

Rice, Timothy R. (Pennsylvania)

Attorneys(s) for Plaintiff

Brown, Stephen D. (Pennsylvania)

Levin, Christine C. (Pennsylvania)

Love, Angus R. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Solove, Ethan (Pennsylvania)

Wong, Rose Marie C (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Foreman, Samuel H. (Pennsylvania)

Goodrich, Caitlin J. (Pennsylvania)

Katz, Noah Evan (Pennsylvania)

Mazeski, Vincent R. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 7, 2019 Docket
1

Class Action Complaint

Salvatore Chimenti v. Pennsylvania Department of Corrections

June 12, 2015 Complaint
26

Memorandum [Motion to Dismiss]

Salvatore Chimenti v. Pennsylvania Department of Corrections

2016 WL 1125580

March 21, 2016 Order/Opinion
50

First Amended Complaint

Feb. 3, 2017 Complaint
90

Memorandum

2017 WL 3394605

Aug. 8, 2017 Order/Opinion
101

Plaintiffs' Response to Defendants' Motion for Summary Judgment [With Attachments]

Nov. 2, 2017 Pleading / Motion / Brief
107

Memorandum

2018 WL 2388665

May 24, 2018 Order/Opinion
109

Memorandum

2018 WL 3388305

July 12, 2018 Order/Opinion
125-2

Settlement Agreement and General Release

Nov. 19, 2018 Settlement Agreement

Resources

Title Description External URL

An Update on the California Prison Crisis and Other Developments in State Corrections Policy

UC Berkeley

Over the past several years, the California prison system has been the target of major reform efforts. The State Legislature took what was billed as a significant step towards reducing overcrowding … April 1, 2009

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4371810/chimenti-v-pennsylvania-department-corrections-doc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 122748.), filed by DAVID MALDONADO, SALVATORE CHIMENTI, DANIEL LEYVA. (Attachments: # 1 Civil Cover Sheets, # 2 Signature Page (Complaint))(tj, ) (Entered: 06/15/2015)

1 Civil Cover Sheets

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2 Signature Page (Complaint)

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June 12, 2015 RECAP

Summons Issued

June 12, 2015 PACER

Summons Issued as to CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, WILLIAM DREIBELBIS, JOHN HOCHBERG, KEPHART, JOSEPH C. KORSZNIAK, THOMAS LEHMAN, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), NICHOLAS SCHARFF, WEINER, JOHN WETZEL, WEXFORD HEALTH SOURCES, INC.. Forwarded To: Counsel (Angus Love) on 6/15/15 (tj, )

June 12, 2015 PACER
2

MOTION FOR CLASS CERTIFICATION, filed by SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO,MEMORANDUM. (Attachments: # 1 Signature Page (Motion))(tj, ) (Entered: 06/15/2015)

1 Signature Page (Motion)

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June 12, 2015 PACER
3

NOTICE of Appearance by SAMUEL H. FOREMAN on behalf of CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. with Certificate of Service(FOREMAN, SAMUEL) (Entered: 07/14/2015)

July 14, 2015 PACER
4

NOTICE of Appearance by CAITLIN J. GOODRICH on behalf of CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. with Certificate of Service(GOODRICH, CAITLIN) (Entered: 07/15/2015)

July 15, 2015 PACER
5

NOTICE of Appearance by VINCENT R. MAZESKI on behalf of WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL with Certificate of Service(MAZESKI, VINCENT) (Entered: 07/17/2015)

July 17, 2015 PACER
6

DEMAND for Trial by Jury by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 07/17/2015)

July 17, 2015 PACER
7

WAIVER OF SERVICE Returned Executed by SALVATORE CHIMENTI. WILLIAM DREIBELBIS waiver sent on 6/19/2015, answer due 8/18/2015; JOSEPH C. KORSZNIAK waiver sent on 6/19/2015, answer due 8/18/2015; PAUL NOEL waiver sent on 6/19/2015, answer due 8/18/2015; CHRISTOPHER OPPMAN waiver sent on 6/19/2015, answer due 8/18/2015; PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC) waiver sent on 6/19/2015, answer due 8/18/2015; JOHN WETZEL waiver sent on 6/19/2015, answer due 8/18/2015. (YEH, SU MING) (Entered: 07/17/2015)

July 17, 2015 PACER
8

WAIVER OF SERVICE Returned Executed by SALVATORE CHIMENTI. THOMAS LEHMAN waiver sent on 6/19/2015, answer due 8/18/2015. (YEH, SU MING) (Entered: 07/17/2015)

July 17, 2015 PACER
9

WAIVER OF SERVICE Returned Executed by SALVATORE CHIMENTI. WEXFORD HEALTH SOURCES, INC. waiver sent on 6/19/2015, answer due 8/18/2015. (YEH, SU MING) (Entered: 07/17/2015)

July 17, 2015 PACER
10

Certificate of Merit by SU MING YEH on behalf of SALVATORE CHIMENTI(YEH, SU MING) Modified on 8/13/2015 (tjd). (Entered: 08/11/2015)

Aug. 11, 2015 PACER
11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) (Entered: 08/17/2015)

1 Text of Proposed Order

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Aug. 17, 2015 PACER
12

Memorandum in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 08/17/2015)

Aug. 17, 2015 PACER
13

RESPONSE in Opposition re 2 MOTION to Certify Class filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) (Entered: 08/18/2015)

1 Text of Proposed Order

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Aug. 18, 2015 PACER
14

MOTION to Dismiss, MOTION to Sever filed by CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FOREMAN, SAMUEL) (Entered: 08/18/2015)

1 Text of Proposed Order

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Aug. 18, 2015 PACER
15

Brief in Support re 14 MOTION to Dismiss MOTION to Sever filed by CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. Certificate of Service. (FOREMAN, SAMUEL) Modified on 8/19/2015 (tjd). (Entered: 08/18/2015)

Aug. 18, 2015 PACER
16

FILED IN ERROR, ATTORNEY TO REFILE (NOTICE of Appearance by ETHAN SOLOVE on behalf of SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO with Certificate of Service(SOLOVE, ETHAN) Modified on 8/31/2015 (kp, ). (Entered: 08/24/2015)

Aug. 24, 2015 PACER
17

NOTICE of Appearance by ETHAN SOLOVE on behalf of SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO with Certificate of Service(SOLOVE, ETHAN) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
18

STIPULATION re 13 Response in Opposition to Motion, by SALVATORE CHIMENTI. (YEH, SU MING) (Entered: 08/28/2015)

Aug. 28, 2015 PACER
19

MOTION for Extension of Time to File Response/Reply to Ds Motions to Dismiss and Motion to Sever filed by SALVATORE CHIMENTI.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(YEH, SU MING) (Entered: 08/28/2015)

1 Text of Proposed Order

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Aug. 28, 2015 PACER
20

NOTICE of Appearance by CHRISTINE C. LEVIN on behalf of SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO with Certificate of Service(LEVIN, CHRISTINE) (Entered: 08/31/2015)

Aug. 31, 2015 PACER
21

STIPULATION AND ORDER THAT DOC DEFENDANTS WITHDRAW THEIR BRIEF IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION (DOC. NO. 13), WITHOUT PREJUDICE TO REFILE. ALL DEFENDANTS MAY FILE RESPONSES TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION PURSUANT TO DATES SET BY FUTURE STIPULATION BY THE PARTIES, IF STILL APPROPRIATE, AFTER THE ISSUE OF VENUE HAS BEEN DECIDED BY THE COURT, OR PURSUANT TO ANY SCHEDULING OR CASE MANAGEMENT ORDER ISSUED BY THE COURT. THIS STIPULATION AND ORDER IS WITHOUT PREJUDICE TO ANY RIGHTS OR DEFENSES THAT DEFENDANTS MAY HAVE. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/31/2015. 9/1/2015 ENTERED AND COPIES E-MAILED. (ems) (Entered: 09/01/2015)

Aug. 31, 2015 PACER
22

ORDER THAT PLAINTIFFS' MOTION FOR EXTENSTION OF TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS AND MOTION TO SEVER IS GRANTED. PLAINTIFFS SHALL FILE THEIR RESPONSE(S) ON OR BEFORE 9/11/2015. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/31/2015. 9/1/2015 ENTERED AND COPIES E-MAILED. (ems) (Entered: 09/01/2015)

Aug. 31, 2015 PACER
23

RESPONSE in Opposition re 14 MOTION to Dismiss MOTION to Sever, 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SALVATORE CHIMENTI, DANIEL LEYVA, and DAVID MALDONADO. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(YEH, SU MING) Modified on 9/14/2015 (tjd). (Entered: 09/11/2015)

1 Text of Proposed Order

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2 Exhibit

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Sept. 11, 2015 PACER
24

ORDER THAT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS STAYED, PENDING THE RESOLUTION OF DEFENDANTS' MOTION TO DISMISS. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/7/16. 3/8/16 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 03/08/2016)

March 7, 2016 PACER
25

NOTICE of Appearance by NOAH EVAN KATZ on behalf of CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. with Certificate of Service(KATZ, NOAH) (Entered: 03/14/2016)

March 14, 2016 PACER
26

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/21/16. 3/22/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 03/22/2016)

March 21, 2016 RECAP
27

ORDER THAT UPON CONSIDERATION OF THE DOC DEFENDANTS' MOTION TO DISMISS 11 AND THE MOTION TO DISMISS AND SEVER 14, IT IS ORDERED THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO DISMISS AND SEVER IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/21/16. 3/22/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 03/22/2016)

March 21, 2016 RECAP
28

MOTION for Extension of Time to File Answer filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL.. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) (Entered: 04/01/2016)

1 Text of Proposed Order

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April 1, 2016 PACER
29

ORDER THAT DEFENDANTS' MOTION FOR ENLARGEMENT OF TIME IS GRANTED. DEFENDANTS SHALL FILE AN ANSWER TO THE COMPLAINT AND AN ANSWER TO THE MOTION FOR CLASS CERTIFICATION ON OR BEFORE 5/5/2016.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/4/2016.4/4/2016 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 04/04/2016)

April 4, 2016 PACER

Set Motion and R&R Deadlines/Hearings

April 4, 2016 PACER

Set/Reset Deadlines as to RESPONSES DUE BY 5/5/2016. (kp, )

April 4, 2016 PACER
30

ANSWER to 1 Complaint by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. Affirmative Defenses, Certificate of Service.(MAZESKI, VINCENT) Modified on 5/5/2016 (tjd). (Entered: 05/04/2016)

May 4, 2016 PACER
31

RESPONSE to Motion re 2 MOTION to Certify Class filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) Modified on 5/5/2016 (tjd). (Entered: 05/04/2016)

1 Text of Proposed Order

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May 4, 2016 PACER
32

Brief in Opposition re 2 MOTION to Certify Class filed by WILLIAM DREIBELBIS, JOSEPH C. KORSZNIAK, PAUL NOEL, CHRISTOPHER OPPMAN, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL. Certificate of Service. (Attachments: # 1 Exhibit, # 2 Exhibit)(MAZESKI, VINCENT) Modified on 5/5/2016 (tjd). (Entered: 05/04/2016)

1 Exhibit

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2 Exhibit

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May 4, 2016 PACER
33

NOTICE of Hearing: A PRELIMINARY PRETRIAL CONFERENCE IS SET FOR 5/24/2016 AT 10:30 AM IN JUDGE CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. (Attachments: # 1 Case Management Track Form, # 2 Case Management Track Form)(cl, ) (Entered: 05/05/2016)

1 Case Management Track Form

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2 Case Management Track Form

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May 5, 2016 PACER
34

ANSWER to 1 Complaint by CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. Affirmative Defenses, Certificate of Service.(GOODRICH, CAITLIN) Modified on 5/6/2016 (tjd). (Entered: 05/05/2016)

May 5, 2016 PACER
35

Brief in Opposition re 2 MOTION to Certify Class filed by CORRECT CARE SOLUTIONS (CCS), ANDREW DANCHA, JOHN HOCHBERG, KEPHART, THOMAS LEHMAN, NICHOLAS SCHARFF, WEINER, WEXFORD HEALTH SOURCES, INC. Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(GOODRICH, CAITLIN) Modified on 5/6/2016 (tjd). (Entered: 05/05/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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May 5, 2016 PACER
36

MOTION for Extension of Time to File Response/Reply as to 35 Response in Opposition to Motion, 32 Memorandum, filed by SALVATORE CHIMENTI.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(YEH, SU MING) (Entered: 05/18/2016)

1 Text of Proposed Order

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May 18, 2016 PACER
37

ORDER THAT UPON CONSIDERATION OF "PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO REPLY TO MOTION FOR CLASS CERTIFICATION" 36, IT IS ORDERED THE MOTION IS GRANTED. PLAINTIFFS MAY FILE A REPLY IN SUPPORT OF THEIR MOTION NO LATER THAN 1/9/2017. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/24/16. 5/24/16 ENTERED AND COPIES E-MAILED.(gs) (Entered: 05/24/2016)

May 24, 2016 PACER
38

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA Preliminary Pretrial Conference held on 5/24/2016 (kp, ) (Entered: 05/25/2016)

May 25, 2016 PACER
39

SCHEDULING ORDER THAT A FINAL PRETRIAL CONFERENCE IS SET FOR 2/27/2017 AT 10:30 AM IN JUDGES CHAMBERS BEFORE HONORABLE JOHN R. PADOVA. ALL DISCOVERY DUE BY 11/28/2016. DISPOSITIVE MOTIONS DUE BY 12/12/2016. MOTIONS IN LIMINE DUE BY 2/15/2017. PLAINTIFF PRETRIAL MEMO DUE BY 2/1/2017. DEFENDANT PRETRIAL MEMO DUE BY 2/15/2017. TRIAL POOL SET FOR 3/1/2017. FURTHER INSTRUCTIONS AND DEADLINES AS OUTLINED HEREIN.. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/24/2016. 5/25/2016 ENTERED AND COPIES E-MAILED.(kp, ) Modified on 11/7/2016 (jaa, ). *VACATED PER ORDER 11/7/16. (Entered: 05/25/2016)

May 25, 2016 PACER
40

NOTICE of Hearing:A TELEPHONE CONFERENCE IS SET FOR 11/2/2016 AT 02:00 PM BEFORE HONORABLE JOHN R. PADOVA.(cl, ) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
41

NOTICE of Hearing:A TELEPHONE CONFERENCE IS SET FOR 11/7/2016 AT 11:30 AM BEFORE HONORABLE JOHN R. PADOVA.(cl, ) (Entered: 10/27/2016)

Oct. 27, 2016 PACER
42

NOTICE of Appearance by ROSE MARIE WONG on behalf of SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO with Certificate of Service(WONG, ROSE MARIE) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
43

ORDER THAT THE SCHEDULING ORDER DATED MAY 25, 2016 IS VACATED. SIGNED BY HONORABLE JOHN R. PADOVA ON 11/7/16. 11/7/16 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
44

ORDER THAT THE PARTIES' REQUEST FOR AN EXTENSION OF DISCOVERY IS GRANTED AND FURTHER ORDERED THAT AMENDED PLEADINGS DUE BY 2/1/2017. DISCOVERY DUE BY 5/15/2017. MOTIONS DUE BY 7/1/2017. SIGNED BY HONORABLE JOHN R. PADOVA ON 11/7/16. 11/7/16 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
45

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA Telephone Conference held on 11/7/2016 (kp, ) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
46

Proposed - Stipulated Protective Order filed by SALVATORE CHIMENTI. Certificate or Service. (Attachments: # 1 Certificate of Service)(YEH, SU MING) Modified on 11/16/2016 (tjd). (Entered: 11/14/2016)

1 Certificate of Service

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Nov. 14, 2016 PACER
47

STIPULATED PROTECTIVE ORDER PROHIBITS THAT THE PARTIES FROM USING OR DISCLOSING THE PROTECTED HEALTH INFORMATION FOR ANY PURPOSE OTHER THAN THE LITIGATION OR PROCEEDING FOR WHICH SUCH INFORMATION WAS REQUESTED, AND DISTRIBUTION OF THE DOCUMENTS ARE LIMITED TO ONLY THOSE PERSONS WHO NEED TO HANDLE OR READ THE DOCUMENTS IN THE INSTANT LAWSUIT; AND REQUIRES THE RETURN TO THE COVERED ENTITY OR DESTRUCTION OF THE PROTECTED HEALTH INFORMATION (INCLUDING ALL COPIES MADE) AT THE END OF THE LITIGATION OR PROCEEDING.. SIGNED BY HONORABLE JOHN R. PADOVA ON 11/15/16. 11/15/16 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 11/15/2016)

Nov. 15, 2016 PACER
48

MOTION for Leave to File Amended Complaint filed by SALVATORE CHIMENTI.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit First Amended Complaint)(YEH, SU MING) (Entered: 02/01/2017)

1 Text of Proposed Order

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2 Exhibit First Amended Complaint

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Feb. 1, 2017 PACER
49

ORDER THAT PLAINTIFFS' 48 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE CLERK SHALL DOCKET THE AMENDED COMPLAINT, ATTACHED TO THE MOTION AS AN EXHIBIT. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/2/2017. 2/3/2017 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 02/03/2017)

Feb. 3, 2017 PACER

Summons Issued

Feb. 3, 2017 PACER
50

FIRST AMENDED COMPLAINT against CORRECT CARE SOLUTIONS (CCS), PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), JOHN WETZEL, WEXFORD HEALTH SOURCES, INC., JAY COWAN, JOHN KEPHART, JAMES FROMMER, RICH WENHOLD, filed by DAVID MALDONADO, SALVATORE CHIMENTI, DANIEL LEYVA.(kp, ) (Entered: 02/03/2017)

Feb. 3, 2017 RECAP

3 Summons Issued as to JAY COWAN, JAMES FROMMER, RICH WENHOLD. Forwarded To: D. Rudovsky on 2/3/2017 (kp, )

Feb. 3, 2017 PACER
51

NOTICE of Appearance by CAITLIN J. GOODRICH on behalf of JAY COWAN, JAMES FROMMER with Certificate of SErvice(GOODRICH, CAITLIN) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
52

NOTICE of Appearance by SAMUEL H. FOREMAN on behalf of JAY COWAN, JAMES FROMMER with Certificate of Service(FOREMAN, SAMUEL) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
53

WAIVER OF SERVICE Returned Executed by RICH WENHOLD. RICH WENHOLD waiver sent on 2/3/2017, answer due 4/4/2017. (MAZESKI, VINCENT) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
54

NOTICE of Appearance by VINCENT R. MAZESKI on behalf of RICH WENHOLD with Certificate of Service(MAZESKI, VINCENT) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
55

DEMAND for Trial by Jury by RICH WENHOLD. (MAZESKI, VINCENT) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
56

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) (Entered: 02/08/2017)

1 Text of Proposed Order

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Feb. 8, 2017 PACER
57

Memorandum in Support re 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
58

MOTION to Stay Proceedings filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. Certificte of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) Modified on 2/10/2017 (tjd). (Entered: 02/08/2017)

1 Text of Proposed Order

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Feb. 8, 2017 PACER
59

Memorandum re 58 MOTION to Stay filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
60

MOTION to Stay Discovery filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT)(WITHDRAWN PER ORDER #78) Modified on 2/10/2017 (tjd). Modified on 4/5/2017 (pr, ). (Entered: 02/08/2017)

1 Text of Proposed Order

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Feb. 8, 2017 PACER
61

Memorandum in Support re 60 MOTION to Stay filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
62

MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Stay, 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 60 MOTION to Stay filed by SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(YEH, SU MING) (Entered: 02/17/2017)

1 Text of Proposed Order

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Feb. 17, 2017 PACER
63

MOTION to Dismiss filed by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, KEPHART, WEXFORD HEALTH SOURCES, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FOREMAN, SAMUEL) (Entered: 02/21/2017)

1 Text of Proposed Order

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Feb. 21, 2017 PACER
64

Brief in Support re 63 MOTION to Dismiss filed by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, KEPHART, WEXFORD HEALTH SOURCES, INC. Certificate of Service. (FOREMAN, SAMUEL) Modified on 2/22/2017 (tjd). (Entered: 02/21/2017)

Feb. 21, 2017 RECAP
65

ORDER THAT PLFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFTS' MOTION TO DISMISS AND MOTIONS TO STAY, PLFFS' MOTION IS GRANTED. PLFFS. SHALL FILE THEIR RESPONSE (S) ON OR BEFORE 3/6/17. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/21/17.2/21/17 ENTERED AND COPIES E-MAILED TO COUNSEL. (pr, ) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
66

MOTION for Extension of Time to File Response/Reply as to 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 63 MOTION to Dismiss filed by SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(YEH, SU MING) (Entered: 02/22/2017)

1 Text of Proposed Order

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Feb. 22, 2017 PACER
67

ORDER THAT PLFFS' MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFTS' MOTIONS TO DISMISS IS GRANTED. PLFFS. SHALL FILE THEIR RESPONSE(S) TO THE MOTION TO DISMISS FILED BY DOC DEFTS. AND THE MOTION TO DISMISS FILED BY THE CORRECT CARE SOLUTIONS AND WEXFORD DEFTS. ON OR BEFORE 3/15/17. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/23/17.2/23/17 ENTERED AND COPIES E-MAILED TO COUNSEL. (pr, ) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
68

RESPONSE in Opposition re 58 MOTION to Stay, 60 MOTION to Stay filed by SALVATORE CHIMENTI. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1)(YEH, SU MING) (Entered: 03/06/2017)

1 Text of Proposed Order

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2 Exhibit 1

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March 6, 2017 PACER
69

REPLY to Response to Motion re 60 MOTION to Stay filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 03/08/2017)

March 8, 2017 PACER
70

REPLY to Response to Motion re 58 MOTION to Stay, 60 MOTION to Stay filed by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, KEPHART, WEXFORD HEALTH SOURCES, INC.. (FOREMAN, SAMUEL) (Entered: 03/08/2017)

March 8, 2017 PACER
71

ORDER THAT DEFTS' JOINT MOTION TO STAY PROCEEDINGS (DOC. NO. 58) IS DENIED.. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/8/17.3/9/17 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 03/09/2017)

March 9, 2017 PACER
72

Joint MOTION for Extension of Time to Complete Discovery filed by SALVATORE CHIMENTI.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(YEH, SU MING) (Entered: 03/10/2017)

1 Text of Proposed Order

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March 10, 2017 PACER
73

ORDER THAT THE MOTION TO EXTEND TIME FOR DISCOVERY IS GRANTED. IT IS FURTHER ORDERED THAT CLASS CERTIFICATION AND MERITS DISCOVERY IS COMPLETED BY APRIL 17, 2017 AND DISPOSITIVE MOTIONS SHALL BE FILED BY AUGUST 1, 2017 ETC. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/13/17.3/13/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) (Entered: 03/13/2017)

March 13, 2017 PACER
74

RESPONSE in Opposition re 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 63 MOTION to Dismiss filed by SALVATORE CHIMENTI, DANIEL LEYVA, DAVID MALDONADO. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(YEH, SU MING) (Entered: 03/15/2017)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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March 15, 2017 RECAP
75

NOTICE of Hearing: ORAL ARGUMENT IS SET FOR 4/4/2017 AT 02:00 PM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA.(cl, ) (Entered: 03/17/2017)

March 17, 2017 PACER
76

Reply Brief re 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) Modified on 3/30/2017 (tjd). (Entered: 03/29/2017)

March 29, 2017 PACER
77

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA Oral Argument held on 4/4/17. Court Reporter: ESR. Hearing taken under advisement. (pr, ) (Entered: 04/05/2017)

April 5, 2017 PACER
78

ORDER THAT DEFTS' REQUEST TO WITHDRAW "DEFTS' JOINT MOTION TO STAY DISCOVERY" (DOC. NO. 60) IS GRANTED AND THE MOTION IS WITHDRAWN.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/4/17.4/5/17 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL. Modified on 4/5/2017 (pr, ). (Entered: 04/05/2017)

April 5, 2017 PACER
79

MOTION for Extension of Time to Complete Discovery filed by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MAZESKI, VINCENT) (Entered: 04/17/2017)

1 Text of Proposed Order

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April 17, 2017 PACER
80

STATUS REPORT by PAUL NOEL, PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC), RICH WENHOLD, JOHN WETZEL. (MAZESKI, VINCENT) (Entered: 04/17/2017)

April 17, 2017 PACER
81

ORDER THAT DEFENDANTS' 79 MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY IS GRANTED. CLASS CERTIFICATION AND MERITS DISCOVERY IS DUE 5/17/2017. EXPERT REPORTS ARE DUE ON OR BEFORE 6/16/2017. EXPERT DISCOVERY IS DUE 7/17/2017. DISPOSITIVE MOTIONS ARE DUE 9/1/2017. RENEWED CLASS CERTIFICATION MOTIONS ARE DUE 9/1/2017. RESPONSES TO DISPOSITIVE MOTIONS OR RENEWED CLASS CERTIFICATION MOTIONS ARE DUE 10/2/2017 WITH REPLIES DUE 10/16/2017. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/18/2017.4/19/2017 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) Modified on 4/19/2017 (kp, ). (Main Document 81 replaced on 4/19/2017) (kp, ). (Entered: 04/19/2017)

April 18, 2017 PACER

Set/Reset Scheduling Order Deadlines

April 18, 2017 PACER

Set/Reset Scheduling Order Deadlines: DISCOVERY DUE BY 7/17/2017. MOTIONS DUE BY 9/1/2017. (kp, )

April 18, 2017 PACER
82

MOTION for Leave to Depose Prisoner filed by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, JOHN KEPHART, WEXFORD HEALTH SOURCES, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FOREMAN, SAMUEL) (Entered: 04/27/2017)

1 Text of Proposed Order

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April 27, 2017 PACER
83

ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION FOR LEAVE TO DEPOSE PRISONER, IT IS ORDERED THAT SAID MOTION IS GRANTED. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/27/17.4/27/17 ENTERED AND COPIES MAILED, E-MAILED.(gs) (Entered: 04/27/2017)

April 27, 2017 PACER
84

MOTION for Extension of Time to Complete Discovery filed by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, JOHN KEPHART, WEXFORD HEALTH SOURCES, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FOREMAN, SAMUEL) (Entered: 05/15/2017)

1 Text of Proposed Order

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May 15, 2017 PACER
85

ORDER THAT DEFTS' MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY IS GRANTED, AND THE PENDING DOCKETED DEADLINES CHANGED TO THE FOLLOWING: DISCOVERY CLOSES ON 6/19/17; EXPERT REPORTS ARE DUE BY 7/17/17; EXPERT DISCOVERY IS DUE BY 8/17/17; DISPOSITIVE MOTIONS DUE 10/2/17; RENEWED CLASS CERTIFICATION MOTIONS DUE 10/2/17; RESPONSES TO DISPOSITIVE MOTIONS OR RENEWED CLASS CERTIFICATION MOTION DUE 11/2/17, WITH REPLIES DUE 11/16/17.. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/15/17.5/16/17 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 05/16/2017)

May 16, 2017 PACER
86

NOTICE of Hearing:A TELEPHONE CONFERENCE IS SET FOR 5/23/2017 AT 11:30 AM BEFORE HONORABLE JOHN R. PADOVA.(cl, ) (Entered: 05/17/2017)

May 17, 2017 PACER
87

Minute Entry for proceedings held before HONORABLE JOHN R. PADOVA Telephone Conference held on 5/23/2017(kp, ) (Entered: 05/25/2017)

May 25, 2017 PACER
88

STIPULATION -- Amended Stipulated Protective Order by SALVATORE CHIMENTI. (Attachments: # 1 Certificate of Service)(YEH, SU MING) (Entered: 07/25/2017)

1 Certificate of Service

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July 25, 2017 PACER
89

AMENDED STIPULATED PROTECTIVE ORDER THAT THE TERM "CONFIDENTIAL INFORMATION" REFERS TO HEALTH INFORMATION CONTAINED IN THE INMATES' MEDICAL RECORDS AND FILES, ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/25/17. 7/26/17 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 07/26/2017)

July 25, 2017 PACER
90

MEMORANDUM. AN APPROPRIATE ORDER FOLLOWS.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/7/17. 8/8/17 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 08/08/2017)

Aug. 8, 2017 RECAP
91

ORDER THAT THE DOC DEFTS' MOTION TO DISMISS AMENDED COMPLAINT (DOC. NO. 56) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO ALL CLAIMS ASSERTED AGAINST THE PA DEPT. OF CORRECTIONS AND RICH WENHOLD, AND THOSE DEFTS. ARE DISMISSED AS DEFTS. IN THIS ACTION. THE MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY THE MEDICAL DEFTS. (DOC. NO. 63) IS GRANTED IN PART AND DENIED IN PART.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/7/17. 8/8/17 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, ) (Entered: 08/08/2017)

Aug. 8, 2017 RECAP
92

ANSWER to 50 Amended Complaint, with Affirmative Defenses, by CORRECT CARE SOLUTIONS (CCS), JAY COWAN, JAMES FROMMER, JOHN KEPHART, WEXFORD HEALTH SOURCES, INC., Certificate of Service.(GOODRICH, CAITLIN) Modified on 8/24/2017 (md). (Entered: 08/22/2017)

Aug. 22, 2017 RECAP

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 12, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates with Hepatitis C who allege that the Pennsylvania Department of Corrections have failed to provide adequate medical care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pennsylvania Department of Corrections (Mechanicsburg), State

Defendant Type(s):

Corrections

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 195,000

Issues

General:

Conditions of confinement

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run