Case: Stafford v. Carter

1:17-cv-00289 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action suit challenged the medical care provided to Indiana prisoners with the Hepatitis C Virus (HCV). On January 27, 2017, three prisoners with HCV at Pendleton Correctional Facility filed this class-action suit in the U.S. District Court for the Southern District of Indiana. Judge Jane Magnus-Stinson was assigned. Plaintiffs were represented by private counsel and a professor from the Indiana University School of Law. Defendants included the Indiana Department of Corrections (IDOC…

This class action suit challenged the medical care provided to Indiana prisoners with the Hepatitis C Virus (HCV).

On January 27, 2017, three prisoners with HCV at Pendleton Correctional Facility filed this class-action suit in the U.S. District Court for the Southern District of Indiana. Judge Jane Magnus-Stinson was assigned. Plaintiffs were represented by private counsel and a professor from the Indiana University School of Law. Defendants included the Indiana Department of Corrections (IDOC), its Commissioner of Corrections, the Chief Medical Officer, and the Director of Health Services (collectively “the IDOC officials”). Additional defendants included treating physicians at Pendleton and Corizon Health (a for-profit foreign medical care provider contracted by IDOC). Relief sought included injunctive relief mandating Hepatitis C virus (HCV) treatment; compensatory damages; punitive damages for their claims under the Eighth and Fourteenth Amendments; and attorney fees, expenses, and costs.

In their complaint, plaintiffs cited section 504 of the Rehabilitation Act (29 U.S.C. § 701), Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101), 42 U.S.C. § 1983. Plaintiffs claimed the defendants violated the Eighth Amendment by failing to provide medical treatment for HCV that met the recognized standard of care in the United States. Without proper care, there was a substantial risk that these HCV infections would severely damage plaintiff’s kidneys or livers. Further, plaintiffs claimed defendants acted with deliberate indifference, arguing that due to their universal HIV and HCV screenings, the defendants were aware of the plaintiffs’ medical needs. Additionally, plaintiffs alleged that prior to the filing of this lawsuit, they requested and were denied HCV treatment by the defendants. As a result, plaintiffs claimed discrimination in violation of the ADA and Rehabilitation Act as their HCV disability could have reasonably been accommodated by defendants.

On March 24, 2017, one defendant, Corizon Health, filed a motion to dismiss. On March 27, 2017, additional motions to dismiss were filed by two defendants, IDOC and its Commissioner of Corrections. On April 17, 2017, before the Court ruled on those motions, plaintiffs dismissed IDOC and amended their complaint to include a new defendant, Wexford of Indiana, LLC, a private healthcare services company contracted by IDOC. Plaintiffs alleged that Wexford violated the Rehabilitation Act, the ADA, and the plaintiffs’ rights under the Eighth Amendment. On April 24, 2017, the court denied all the aforementioned motions to dismiss as moot in light of the plaintiffs’ amended complaint. On June 8, 2017, Wexford of Indiana filed a motion to dismiss the claims under the Rehabilitation Act and ADA. The court denied the motion because Wexford of Indiana was a private entity offering public accommodations and it was alleged that Wexford had refused proper medical care as required by the ADA, 2017 WL 4517506.

On September 15, 2017, plaintiffs moved to certify their class. On January 23, 2018, a settlement conference successfully brokered a settlement between plaintiffs, Wexford, and the treating physicians on “some claims.” The settlement agreement was conditional, requiring that the plaintiffs’ motion for class certification be granted as the settlement was with the entire class and not just the named plaintiffs. On February 21, 2018, the court certified the class. However, on March 2, 2018, the class was amended to include “[a]ll current and future prisoners in IDOC custody who have been diagnosed, or will be diagnosed, with chronic HCV.” 2018 WL 4361639.

On March 23, 2018, the plaintiffs, Corizon Health, and the treating physicians filed a stipulation of dismissal which the court granted. On the same day, defendants Wexford of Indiana and one of the treating physicians moved to approve the class action settlement agreement. The settlement agreement also contained a strict confidentiality provision, but generally provided a monetary settlement for release of plaintiffs’ claims, a non-monetary settlement agreement requiring Wexford’s compliance with new policies for the treatment of HCV, and further participation in discovery for the unresolved claims. On April 23, 2018, the court denied approval for the settlement agreement as it did not meet the required standard of being “fair, reasonable, and adequate.” The court determined the agreement was overbroad. As an example, the court cited the agreement’s requirement that class members agree to wide ranging releases on claims unrelated to the current suit.

On April 13, 2018, plaintiffs moved for summary judgment on their Eighth Amendment claim against the IDOC officials and Wexford. In response, the IDOC officials filed a cross-motion for summary judgment on May 14, 2019. While these motions remained pending, Wexford of Indiana and the treating physician filed an amended motion for approval of the settlement agreement on June 11, 2018.

On September 13, 2018, the court ruled on three matters. First, it approved the settlement agreement. Second, it decertified the class on the ADA and Rehabilitation Act claims only. Third, it modified the class definition to include “all current and future prisoners in IDOC custody who have been diagnosed, or will be diagnosed, with chronic HCV, and for whom treatment with DAA medication is not medically contraindicated.” Fourth, it granted the plaintiff’s motion for summary judgment for the Eighth Amendment claims. Finally, it denied the IDOC officials’ cross motion for summary judgment. 2018 WL 4361639.

On March 26, 2019, plaintiffs moved for a permanent injunction against the IDOC both modifying their policies governing medical care of inmates with chronic HCV and that defendants provide their medical contract vendor all that is necessary to implement proper treatment for the plaintiffs and class members. Prior to the IDOC official defendants filing their response to the plaintiffs’ motion for permanent injunction, the parties stipulated to the dismissal of Wexford of Indiana from the suit.

On July 10, 2019, the plaintiffs and IDOC officials notified the Court that they reached a settlement agreement to resolve the matter. On January 2, 2020, the court approved the settlement agreement as "fair, reasonable, and adequate." The settlement agreement contained the following:

  • All class members with chronic HCV will receive treatment.
  • Those with more severe conditions will be treated first.
  • Prisoners with less than four months remaining in their sentence will not receive treatment at the prison. Instead, they will be covered via Medicaid, if eligible.

 

  • This agreement is contingent on funding from the Indiana General Assembly.

 

 

  • Defendants are expected to give plaintiffs regular updates on treatments.

 

 

  • The present case can be re-opened to enforce this agreement, if necessary. The above were set to remain in effect until July 1, 2025.In addition to the above settlement, the court granted plaintiffs' motion to cover attorney fees in the amount of $312,333, overruled objections to the above settlement, and officially entered a final judgment.

 

The case is ongoing for purposes of implementation of the settlement.

Summary Authors

Emma Himes (9/22/2019)

Eric Gripp (6/29/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6201862/parties/stafford-v-carter/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorneys(s) for Plaintiff

Katz, Robert A. (Indiana)

Sniderman, Mark W. (Indiana)

Attorneys(s) for Defendant

Bitner, Douglass R (Indiana)

Gore, Lyubov (Indiana)

Jones, Benjamin Myron Lane (Indiana)

Nagy, Jonathan Paul (Indiana)

Stover, Jordan Michael (Indiana)

Other Attorney(s)

Active

Judge(s)

Dinsmore, Mark. J. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorneys(s) for Plaintiff

Katz, Robert A. (Indiana)

Sniderman, Mark W. (Indiana)

Attorneys(s) for Defendant

Bitner, Douglass R (Indiana)

Gore, Lyubov (Indiana)

Jones, Benjamin Myron Lane (Indiana)

Nagy, Jonathan Paul (Indiana)

Stover, Jordan Michael (Indiana)

Other Attorney(s)

Liss, Jessica L. (Missouri)

Lunsford, William R. (Alabama)

Preston, Scott James (Indiana)

Documents in the Clearinghouse

Document

1:17-cv-00289

Docket

Dec. 30, 2020

Dec. 30, 2020

Docket
1

1:17-cv-00289

Class Action Complaint for Declaratory and Injunctive Relief

Jan. 27, 2017

Jan. 27, 2017

Complaint
39

1:17-cv-00289

First Amended Complaint

April 17, 2017

April 17, 2017

Complaint
103

1:17-cv-00289

Order

Oct. 10, 2017

Oct. 10, 2017

Order/Opinion
148

1:17-cv-00289

Order

Feb. 21, 2018

Feb. 21, 2018

Order/Opinion
154

1:17-cv-00289

Amended Order

March 2, 2018

March 2, 2018

Order/Opinion
168

1:17-cv-00289

Order

April 23, 2018

April 23, 2018

Order/Opinion
186

1:17-cv-00289

Order

Sept. 13, 2018

Sept. 13, 2018

Order/Opinion
251

1:17-cv-00289

Stipulation to Enter into Settlement Agreement Pursuant to 18 U.S. Code § 3626(c)(2) Following Notice to the Class and Fairness Hearing

Aug. 9, 2019

Aug. 9, 2019

Settlement Agreement
282

1:17-cv-00289

Order

Jan. 2, 2020

Jan. 2, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6201862/stafford-v-carter/

Last updated Aug. 27, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-4216787) (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Sniderman, Mark) (Entered: 01/27/2017)

1 Exhibit 1

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2 Civil Cover Sheet

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3 Proposed Summons

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Jan. 27, 2017

Jan. 27, 2017

Clearinghouse
2

NOTICE of Appearance by Mark W. Sniderman on behalf of Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Sniderman, Mark) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
3

MOTION for Attorney(s) Robert A. Katz to Appear pro hac vice (Filing fee $100, receipt number 0756-4216813), filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Exhibit Certification of Robert A. Katz, # 2 Text of Proposed Order)(Sniderman, Mark) (Entered: 01/28/2017)

1 Exhibit Certification of Robert A. Katz

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2 Text of Proposed Order

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Jan. 28, 2017

Jan. 28, 2017

PACER
4

ORDER granting 3 Motion to Appear pro hac vice. Attorney Robert A. Katz for CHARLES SMITH, DOUGLAS SMITH and MICHAEL RAY STAFFORD added. If not already registered with the Court's Electronic Filing System, Robert A. Katz is ordered to register within ten (10) days of the entry of this order. Copy to Robert A. Katz via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/30/2017. (SWM) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
5

TRIAL PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JKS) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
6

Summons Issued as to ROBERT E. CARTER, JR., CORIZON HEALTH, INC., MONICA GIPSON, R.N., INDIANA DEPARTMENT OF CORRECTIONS, HOUMAN KIANI, M.D., MICHAEL MITCHEFF, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (NAD) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
8

NOTICE of Appearance by Jeb Adam Crandall on behalf of Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Crandall, Jeb) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
9

NOTICE of Appearance by Adriana Katzen on behalf of Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Katzen, Adriana) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
10

Corporate Disclosure Statement by CORIZON HEALTH, INC. identifying Corporate Parent VALITAS HEALTH SERVICES, INC. for CORIZON HEALTH, INC... (Katzen, Adriana) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
11

RETURN of Service by CMRRR, filed by All Plaintiffs. ROBERT E. CARTER, JR. served on 2/6/2017; CORIZON HEALTH, INC. served on 2/3/2017; MONICA GIPSON, R.N. served on 2/6/2017; INDIANA DEPARTMENT OF CORRECTIONS served on 2/6/2017; HOUMAN KIANI, M.D. served on 2/3/2017; MICHAEL MITCHEFF, M.D. served on 2/6/2017; MICHAEL PERSON, M.D. served on 2/3/2017; PAUL TALBOT, M.D. served on 2/3/2017. (Attachments: # 1 CMRR, # 2 CMRR, # 3 CMRR, # 4 CMRR)(Sniderman, Mark) (Entered: 02/16/2017)

1 CMRR

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2 CMRR

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3 CMRR

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4 CMRR

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Feb. 16, 2017

Feb. 16, 2017

PACER
12

NOTICE of Parties' First Extension of Time, filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Katzen, Adriana) Modified on 2/22/2017 (JKS). (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
13

NOTICE of Appearance by Benjamin Myron Lane Jones on behalf of Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., INDIANA DEPARTMENT OF CORRECTIONS, MICHAEL MITCHEFF, M.D.. (Jones, Benjamin) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
14

NOTICE of Parties' First Extension of Time, filed by Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., INDIANA DEPARTMENT OF CORRECTIONS, MICHAEL MITCHEFF, M.D.. (Jones, Benjamin) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
15

NOTICE of Appearance by Jonathan Paul Nagy on behalf of Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., INDIANA DEPARTMENT OF CORRECTIONS, MICHAEL MITCHEFF, M.D.. (Nagy, Jonathan) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
16

NOTICE of Appearance by Melissa K. Taft on behalf of Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Taft, Melissa) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
17

NOTICE of Appearance by Scott James Preston on behalf of Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Preston, Scott) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
18

MOTION for Attorney(s) Jessica L. Liss to Appear pro hac vice (Filing fee $100, receipt number 0756-4268604), filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Attachments: # 1 Exhibit A - Certification of Jessica L. Liss, # 2 Text of Proposed Order)(Taft, Melissa) (Entered: 03/09/2017)

1 Exhibit A - Certification of Jessica L. Liss

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2 Text of Proposed Order

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March 9, 2017

March 9, 2017

PACER
19

MOTION for Attorney(s) Carrie L. Kinsella to Appear pro hac vice (Filing fee $100, receipt number 0756-4268635), filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Attachments: # 1 Exhibit A - Certification of Carrie L. Kinsella, # 2 Text of Proposed Order)(Taft, Melissa) (Entered: 03/09/2017)

1 Exhibit A - Certification of Carrie L. Kinsella

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2 Text of Proposed Order

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March 9, 2017

March 9, 2017

PACER
20

MOTION to Withdraw Attorney Appearance, filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Attachments: # 1 Text of Proposed Order)(Crandall, Jeb) (Entered: 03/09/2017)

1 Text of Proposed Order

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March 9, 2017

March 9, 2017

PACER
21

ORDER granting 20 Motion to Withdraw Attorney Appearance. Attorney Jeb Adam Crandall and Attorney Adriana Katzen withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 3/10/2017. (SWM) (Entered: 03/13/2017)

March 10, 2017

March 10, 2017

PACER
22

ORDER granting 18 Motion to Appear pro hac vice. Attorney Jessica L. Liss for CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D. and PAUL TALBOT, M.D. added. Copy to Jessica L. Liss via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/10/2017. (SWM) (Entered: 03/13/2017)

March 10, 2017

March 10, 2017

PACER
23

ORDER granting 19 Motion to Appear pro hac vice. Attorney Carrie L. Kinsella for CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D. and PAUL TALBOT, M.D. added. Copy to Carrie L. Kinsella via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/10/2017. (SWM) (Entered: 03/13/2017)

March 10, 2017

March 10, 2017

PACER
24

SCHEDULING ORDER: Initial Pretrial Conference set for 3/30/2017 01:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the court via email. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 3/14/2017.(SWM) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
25

Unopposed MOTION for Continuance of Initial Pretrial Conference, filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Attachments: # 1 Text of Proposed Order)(Preston, Scott) (Entered: 03/20/2017)

1 Text of Proposed Order

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March 20, 2017

March 20, 2017

PACER
26

ORDER granting 25 Motion for Continuance-TELEPHONIC Initial Pretrial Conference reset for 4/28/2017 at 4:00 PM (Eastern) before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 3/23/2017.(CBU) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
27

ANSWER to 1 Complaint, filed by CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D..(Liss, Jessica) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
28

MOTION to Dismiss Count V of Plaintiffs' Complaint, filed by Defendant CORIZON HEALTH, INC.. (Liss, Jessica) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
29

BRIEF/MEMORANDUM in Support re 28 MOTION to Dismiss Count V of Plaintiffs' Complaint, filed by Defendant CORIZON HEALTH, INC.. (Liss, Jessica) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
30

***Corporate Disclosure filed at 10 *** NOTICE to File Corporate Disclosure Statement to CORIZON HEALTH, INC. (LAB) (RSF) Modified on 3/29/2017 (RSF). (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
31

ANSWER to 1 Complaint, filed by MONICA GIPSON, R.N., MICHAEL MITCHEFF, M.D..(Jones, Benjamin) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
32

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants ROBERT E. CARTER, JR., INDIANA DEPARTMENT OF CORRECTIONS. (Jones, Benjamin) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
33

BRIEF/MEMORANDUM in Support re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants ROBERT E. CARTER, JR., INDIANA DEPARTMENT OF CORRECTIONS. (Jones, Benjamin) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
34

Unopposed MOTION for Extension of Time to 04/17/2017 in which to 28 MOTION to Dismiss Count V of Plaintiffs' Complaint, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 04/07/2017)

1 Text of Proposed Order

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April 7, 2017

April 7, 2017

PACER
35

MOTION for Attorney(s) William R. Lunsford to Appear pro hac vice (Filing fee $100, receipt number 0756-4309891), filed by Defendant CORIZON HEALTH, INC.. (Attachments: # 1 Exhibit A - Certification of William R. Lunsford, # 2 Text of Proposed Order)(Preston, Scott) (Entered: 04/10/2017)

1 Exhibit A - Certification of William R. Lunsford

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2 Text of Proposed Order

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April 10, 2017

April 10, 2017

PACER
36

ORDER granting 34 Motion for Extension of Time to Respond to Motions to Dismiss - Plaintiffs' responses to Corizon Health, Inc.'s, Motion to Dismiss Count V of Plaintiffs' Complaint, and Indiana Department of Correction and Robert E. Carter, Jr.'s Motion to Dismiss Plaintiffs' Complaint; or Plaintiffs' amended complaint shall be filed on or before April 17, 2017. Signed by Judge Jane Magnus-Stinson on 4/10/2017. (JRB) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
37

ORDER granting 35 Motion to Appear pro hac vice. Attorney William R. Lunsford for CORIZON HEALTH, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 4/11/2017 (dist made) (CBU) (Entered: 04/12/2017)

April 11, 2017

April 11, 2017

PACER
38

NOTICE of Dismissal as to Defendant Indiana Department of Corrections Only, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD (Sniderman, Mark) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
39

AMENDED COMPLAINT for Declaratory and Injunctive Relief against ROBERT E. CARTER, JR., CORIZON HEALTH, INC., MONICA GIPSON, R.N., HOUMAN KIANI, M.D., MICHAEL MITCHEFF, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D., CORIZON, LLC, WEXFORD OF INDIANA, LLC, filed by All Plaintiffs. (Attachments: # 1 Exhibit Hepatitis C Guidance, # 2 Proposed Summons Corizon, LLC, # 3 Proposed Summons Wexford of Indiana, LLC)(Sniderman, Mark) (Entered: 04/17/2017)

1 Exhibit Hepatitis C Guidance

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2 Proposed Summons Corizon, LLC

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3 Proposed Summons Wexford of Indiana, LLC

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April 17, 2017

April 17, 2017

Clearinghouse
40

Summons Issued as to CORIZON, LLC. (RSF) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
41

Summons Issued as to WEXFORD OF INDIANA, LLC. (RSF) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
42

Joint MOTION for Continuance Initial Pretrial Conference, filed by Defendants CORIZON HEALTH, INC., CORIZON, LLC, HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Liss, Jessica) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
43

ORDER denying Parties' 42 Joint Motion for Continuance. The April 28, 2017 telephonic initial pretrial conference will proceed as scheduled. [Dkts. 24 & 26.] The parties shall file their proposed Case Management Plan in compliance with the Court's Scheduling Order [Dkt. 24] on or before April 26, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 4/21/2017. (SWM) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
45

RETURN of Service by CMRRR, filed by All Plaintiffs. WEXFORD OF INDIANA, LLC served on 4/20/2017. (Sniderman, Mark) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
46

ORDER - Presently pending in this case are: (1) a Motion to Dismiss Count V of Plaintiff's Complaint filed by Defendant Corizon Health, Inc. ("Corizon"), [Filing No. 28 ]; and (2) a Motion to Dismiss filed by Defendants Indiana Department of Correction ("IDOC") and Commissioner Robert E. Carter, Jr., [Filing No. 32 ]. Both motions were filed before Plaintiffs filed an Amended Complaint on April 17, 2017, [Filing No. 39 ]. The Court DENIES AS MOOT Corizon's Motion to Dismiss Count V of Plaintiff's Complaint, [Filing No. 28 ]. Mr. Carter is ORDERED to file a Report by May 1, 2017 advising whether he would like his Motion to Dismiss, [Filing No. 32 ], to remain pending, or whether he would like to withdraw the motion and separately answer or otherwise plead to the Amended Complaint. (See Order.) Signed by Judge Jane Magnus-Stinson on 4/24/2017. (APD) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
47

Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD . (Sniderman, Mark) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
48

RETURN of Service by CMRRR, filed by All Plaintiffs. CORIZON, LLC served on 4/20/2017. (Sniderman, Mark) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
49

NOTICE of Parties' First Extension of Time, filed by Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., MICHAEL MITCHEFF, M.D.. (Jones, Benjamin) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
50

RESPONSE to Order 46, filed by Defendant ROBERT E. CARTER, JR.. (Jones, Benjamin) Modified on 5/2/2017 to include link (APD). (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
51

NOTICE of Parties' First Extension of Time, filed by Defendants CORIZON HEALTH, INC., HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Liss, Jessica) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
52

NOTICE of Service of Initial Disclosures, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Sniderman, Mark) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
53

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 4/28/2017. Case Management Plan to be approved by separate order. Telephonic Status Conference set for 5/30/2017 at 2:20 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Settlement Conference set for 1/23/2018 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
54

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 3/16/2018. Discovery due by 2/16/2018. Signed by Magistrate Judge Mark J. Dinsmore on 5/2/2017.(SWM) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
55

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/2/2017.(SWM) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
56

ORDER denying as moot Defendant's 32 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jane Magnus-Stinson on 5/3/2017. (JRB) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
57

NOTICE of Appearance by Douglass R. Bitner on behalf of Defendant WEXFORD OF INDIANA, LLC. (Bitner, Douglass) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
58

Witness List Preliminary, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD, Exhibit List Preliminary, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Sniderman, Mark) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
59

NOTICE of Appearance by Jessica L. Liss on behalf of Defendant CORIZON, LLC. (Liss, Jessica) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
60

NOTICE of Appearance by Carrie L. Kinsella on behalf of Defendant CORIZON, LLC. (Kinsella, Carrie) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
61

ANSWER to 39 Amended Complaint, filed by CORIZON HEALTH, INC., CORIZON, LLC, HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D..(Liss, Jessica) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
62

MOTION for Extension of Time to 6/8/2017 in which to 39 Amended Complaint file responsve pleading, filed by Defendant WEXFORD OF INDIANA, LLC. (Bitner, Douglass) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
63

NOTICE of Appearance by Scott James Preston on behalf of Defendant CORIZON, LLC. (Preston, Scott) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
64

NOTICE of Appearance by Melissa K. Taft on behalf of Defendant CORIZON, LLC. (Taft, Melissa) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
65

Exhibit List Preliminary, filed by Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., MICHAEL MITCHEFF, M.D., Witness List Preliminary, filed by Defendants ROBERT E. CARTER, JR., MONICA GIPSON, R.N., MICHAEL MITCHEFF, M.D.. (Jones, Benjamin) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
66

Unopposed MOTION for Extension of Time to 5/22/2017 to File Preliminary Witness and Exhibit Lists, filed by Defendants CORIZON HEALTH, INC., CORIZON, LLC, HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Liss, Jessica) (Entered: 05/15/2017)

1 Text of Proposed Order Proposed Order

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May 15, 2017

May 15, 2017

PACER
67

MOTION for Extension of Time to 06-08-2017 in which to 24 Scheduling Order file Defendant's Expert and Witness List, filed by Defendant WEXFORD OF INDIANA, LLC. (Bitner, Douglass) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
68

ORDER denying as moot Defendant Wexford of Indiana, LLC's 62 Motion for Extension of Time to File response to amended complaint. Local Rule 6-1(b) provides for an automatic enlargement of time to respond to a pleading or any written request for discovery or admissions, with the consent of opposing counsel and not to exceed twenty-eight days, by the simple filing of a notice of such enlargement with the Court. S.D. Ind. L.R. 6-1(b). All of those requirements are met in this instance; therefore, no motion is required. The Court will treat Docket No. 62 as Defendant's notice of automatic enlargement of time to respond to Plaintiffs' amended complaint to and including June 8, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2017. (SWM) (Entered: 05/18/2017)

May 17, 2017

May 17, 2017

PACER
69

ORDER granting Defendants Corizon LLC, Corizon Health, Inc., Houman Kiani, M.D., Michael Person, M.D. and Paul Talbot, M.D.'s 66 Motion for Extension of Time to File preliminary witness and exhibit lists to 5/22/2017. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2017. (SWM) (Entered: 05/18/2017)

May 17, 2017

May 17, 2017

PACER
70

ORDER granting Defendant Wexford of Indiana's 67 Motion for Extension of Time to File preliminary witness and exhibit list to 6/8/2017. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2017. (SWM) (Entered: 05/18/2017)

May 17, 2017

May 17, 2017

PACER
71

Exhibit List Preliminary, filed by Defendants CORIZON HEALTH, INC., CORIZON, LLC, HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D., Witness List Preliminary, filed by Defendants CORIZON HEALTH, INC., CORIZON, LLC, HOUMAN KIANI, M.D., MICHAEL PERSON, M.D., PAUL TALBOT, M.D.. (Liss, Jessica) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
72

NOTICE of Appearance by William R. Lunsford on behalf of Defendant CORIZON, LLC. (Lunsford, William) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
74

State Defendant's ANSWER to 39 Amended Complaint, filed by ROBERT E. CARTER, JR., MONICA GIPSON, R.N., MICHAEL MITCHEFF, M.D..(Jones, Benjamin) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
75

MINUTE ORDER for proceedings hld before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/30/2017. Parties discussed discovery. Telephonic Status Conference set for 7/18/2017 at 10:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/31/2017)

May 30, 2017

May 30, 2017

PACER
76

TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Jury Trial before Judge Jane Magnus-Stinson on November 5, 2018 at 9:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for October 12, 2018 at 10:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan dkt 54 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at dkt 5 . Signed by Judge Jane Magnus-Stinson on 6/5/2017.(APD) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
77

MOTION to Dismiss Count IV of First Amended Complaint, filed by Defendant WEXFORD OF INDIANA, LLC. (Attachments: # 1 Exhibit Memorandum of Law in Support of Motion to Dismiss)(Bitner, Douglass) (Entered: 06/08/2017)

1 Exhibit Memorandum of Law in Support of Motion to Dismiss

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June 8, 2017

June 8, 2017

PACER
78

Exhibit List Preliminary and Witness List, filed by Defendant WEXFORD OF INDIANA, LLC. (Bitner, Douglass) Modified on 6/9/2017 to include witness list (APD). (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
79

*** WITHDRAWN PER ORDER DATED 6/13/2017 *** ANSWER to 39 Amended Complaint, filed by WEXFORD OF INDIANA, LLC.(Bitner, Douglass) Modified on 6/13/2017 (SWM). (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
80

MOTION to Strike 79 Answer to Amended Complaint, filed by Defendant WEXFORD OF INDIANA, LLC. (Attachments: # 1 Exhibit Wexford's Answer to First Amended Complaint)(Bitner, Douglass) (Entered: 06/08/2017)

1 Exhibit Wexford's Answer to First Amended Complaint

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June 8, 2017

June 8, 2017

PACER
81

ORDER: This matter comes before the Court on Defendant Wexford of Indiana's Motion to Strike. Dkt. 80 . The Court will treat the motion as Wexford's request to withdraw the original answer and substitute the answer filed with the motion. The Court, being duly advised, hereby GRANTS that motion. The Clerk is directed to show Defendant Wexford's Answer and Affirmative Defenses [Dkt. 79] as WITHDRAWN. The Clerk is directed to docket Defendant Wexford's Answer and Affirmative Defenses in Response to Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief [Dkt. 80-1], which will be deemed to be Wexford's original Answer to the Amended Complaint. Signed by Magistrate Judge Mark J. Dinsmore on 6/13/2017. (SWM) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
82

ANSWER and Affirmative Defenses to Amended Complaint, filed by Defendant WEXFORD OF INDIANA, LLC. (SWM) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
83

Unopposed MOTION for Extension of Time to File Response to July 6, 2017 re 77 MOTION to Dismiss Count IV of First Amended Complaint, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 06/22/2017)

1 Text of Proposed Order

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June 22, 2017

June 22, 2017

PACER
84

ORDER ON UNOPPOSED MOTION FOR EXTENSION OF TIME TO DISMISS COUNT IV - Granting 83 Motion for Extension of Time to Respond to Defendant's Motion to Dismiss Count IV. Plaintiff's response shall be filed on or before July 6, 2017. Signed by Judge Jane Magnus-Stinson on 6/23/2017. (APD) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
85

NOTICE Regarding Extension of Time to File Discovery Responses, filed by Defendant WEXFORD OF INDIANA, LLC (Bitner, Douglass) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
86

AMENDED SCHEDULING ORDER (Time Only) - This matter is currently set for a telephonic Status Conference on Tuesday, July 18, 2017 at 10:00 a.m. The Court now changes the time to 8:30 a.m. (Eastern) on that same date. All other requirements of the Court's order dated May 30, 2017 [Dkt. 75 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2017. (JD) Modified on 7/5/2017 (GD). (Main Document 86 replaced on 7/5/2017) (GD). (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
87

RESPONSE in Opposition re 77 MOTION to Dismiss Count IV of First Amended Complaint, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Sniderman, Mark) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

RECAP
89

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/18/2017. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 8/11/2017 at 11:40 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
90

NOTICE of Filing Discovery Responses by WEXFORD OF INDIANA, LLC (Bitner, Douglass) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
92

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/11/2017. Parties discussed status of & plans for future discovery. Telephonic Status Conference set for 9/27/2017 at 5:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/15/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
93

NOTICE of Appearance by Joseph A. Panatera on behalf of Defendant WEXFORD OF INDIANA, LLC. (Panatera, Joseph) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
94

MOTION to Withdraw Attorney Appearance, filed by Defendant WEXFORD OF INDIANA, LLC. (Attachments: # 1 Text of Proposed Order)(Panatera, Joseph) (Entered: 09/13/2017)

1 Text of Proposed Order

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Sept. 13, 2017

Sept. 13, 2017

PACER
95

Unopposed MOTION for Extension of Time to October 15, 2017 to Serve Expert Reports, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/13/2017)

1 Text of Proposed Order

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Sept. 13, 2017

Sept. 13, 2017

PACER
96

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Douglass R. Bitner hereby notifies the Clerk of the court of changed contact information. (Bitner, Douglass) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
97

ORDER granting 94 Motion to Withdraw Attorney Appearance. Attorney Joseph A. Panatera withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 9/14/2017. (SWM) (Entered: 09/15/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
98

ORDER granting in part and denying in part Plaintiffs' 95 Motion for Extension of Time. Plaintiff shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before October 13, 2017. Defendants shall disclose the name, address, and vita of any expert witnesses, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before December 13, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 9/14/2017. (SWM) (Entered: 09/15/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
99

MOTION to Certify Class, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 09/15/2017)

1 Text of Proposed Order

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Sept. 15, 2017

Sept. 15, 2017

PACER
100

BRIEF/MEMORANDUM in Support re 99 MOTION to Certify Class, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Exhibit Declaration of Raj Vuppalanchi, MBBS, # 2 Exhibit Health Care Services Directive 3.12, # 3 Exhibit Management of Hepatitis A, B, and C, # 4 Exhibit Health Care Services Directive 3.09, # 5 Exhibit BOP Clinical Guidance, May 2017, # 6 Exhibit Corizon Document, # 7 Exhibit Wexford's Answers to Interrogatories, # 8 Exhibit In Focus, IDOC 2015 Annual Report, # 9 Exhibit Prisoners with Hep C get Cured in Some States but not Others, # 10 Exhibit Declaration of Mark W. Sniderman, # 11 Exhibit Declaration of Robert A. Katz)(Sniderman, Mark) (Entered: 09/15/2017)

1 Exhibit Declaration of Raj Vuppalanchi, MBBS

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2 Exhibit Health Care Services Directive 3.12

View on PACER

3 Exhibit Management of Hepatitis A, B, and C

View on PACER

4 Exhibit Health Care Services Directive 3.09

View on PACER

5 Exhibit BOP Clinical Guidance, May 2017

View on PACER

6 Exhibit Corizon Document

View on PACER

7 Exhibit Wexford's Answers to Interrogatories

View on PACER

8 Exhibit In Focus, IDOC 2015 Annual Report

View on PACER

9 Exhibit Prisoners with Hep C get Cured in Some States but not Others

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10 Exhibit Declaration of Mark W. Sniderman

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11 Exhibit Declaration of Robert A. Katz

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Sept. 15, 2017

Sept. 15, 2017

PACER
102

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/27/2017. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 10/24/2017 at 1:50 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
103

ORDER - Plaintiffs Michael Ray Stafford, Charles Smith, and Douglas Smith filed this Amended Complaint ("Complaint") alleging that Wexford of Indiana, LLC ("Wexford") violated their rights under the Eighth Amendment via 42 U.S.C. ยง 1983, Title III of the Americans with Disabilities Act, 42 U.S.C. ยง 12131 et seq. ("ADA"), and the Rehabilitation Act of 1973, as amended, 29 U.S.C. ยง 791 et seq. ("Rehabilitation Act"). [Filing No. 39 .] Wexford has filed a Motion to Dismiss Plaintiffs' ADA and Rehabilitation Act claims [Filing No. 77 ], and the motion is now ripe for the Court's decision. For the reasons stated herein, the Court DENIES Wexford's Motion to Dismiss. [Filing No. 77 .] Signed by Judge Jane Magnus-Stinson on 10/10/2017. (APD) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

Clearinghouse
104

Unopposed MOTION for Extension of Time to October 27, 2017 To Serve Expert Reports, filed by Plaintiffs CHARLES SMITH, DOUGLAS SMITH, MICHAEL RAY STAFFORD. (Attachments: # 1 Text of Proposed Order)(Sniderman, Mark) (Entered: 10/13/2017)

1 Text of Proposed Order

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Oct. 13, 2017

Oct. 13, 2017

PACER
105

SCHEDULING ORDER: This cause comes before the Court on Plaintiffs' Second Unopposed Motion for Extension of Time to Serve Expert Reports. Dkt. [104.] This matter is set for a telephonic hearing on the above-noted motion on Thursday, October 19, 2017 at 9:00 a.m. (Eastern). Counsel shall attend the hearing by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2017.(SWM) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future prisoners in the custody of the Indiana Department of Corrections who have been diagnosed, or will be diagnosed, with chronic HCV

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

WEXFORD OF INDIANA, LLC, Private Entity/Person

CORIZON HEALTH, INC., Private Entity/Person

Indiana Department of Corrections (DOC), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $312,333.00

Order Duration: 2020 - 2025

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run