Case: Rogers v. Maryland Department of Public Safety and Correctional Services

Jardina v. Department of Public Safety and Correctional Services

Jardina v. Department of Public Safety and Correctional Services

Jardina v. Department of Public Safety and Correctional Services

Jardina v. Department of Public Safety and Correctional Services

U.S. Court of Appeals for the Fourth Circuit

Jardina v. Department of Public Safety and Correctional Services

Jardina v. Department of Public Safety and Correctional Services

ORDER dismissing 41 Motion for Reconsideration as untimely ; denying 45 Motion for Sanctions and/or Motion to Strike. Signed by Judge James K. Bredar on 2/27/2017. (c/m 3/1/17) (kr2, Deputy Clerk) (Entered: 03/01/2017)

MEMORANDUM OPINION. Signed by Judge James K. Bredar on 3/2/2017. (c/m 3/3/17)(kr2, Deputy Clerk) (Entered: 03/03/2017)

ORDER granting 14 Motion to Dismiss as stated therein; granting 27 Motion to Dismiss as stated therein; granting 27 Motion for Summary Judgment as stated therein; directing Clerk to amend docket; declining to exercise supplemental jurisdiction over state law claims, which are dismissed without prejudice; directing Clerk to close case. Signed by Judge James K. Bredar on 3/2/2017. (c/m 3/3/17) (kr2, Deputy Clerk) (Entered: 03/03/2017)

Filing fee: $ 6.51, receipt number 14637096763 (kr2, Deputy Clerk) (Entered: 03/27/2017)

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, 51 Memorandum Opinion by James J. Jardina.(Fee Status: Filing Fee Not Paid) (slss, Deputy Clerk) (Entered: 03/28/2017)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 53 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 03/28/2017)

Assembled Electronic Record Transmitted to Fourth Circuit −− Initial.(slss, Deputy Clerk) (Entered: 03/28/2017)

USCA Case Number 17−6413 for 53 Notice of Appeal filed by James J. Jardina. Case Manager − Emily Musser. (slss, Deputy Clerk) (Entered: 03/28/2017)

ORDER of USCA "granting" leave to proceed without prepayment of fees as to 53 Notice of Appeal filed by James J. Jardina. (slss, Deputy Clerk) (Entered: 04/20/2017)

Filing fee: $ 5.88, receipt number 14637097544 (kr2, Deputy Clerk) (Entered: 04/27/2017)

Filing fee: $ 8.40, receipt number 14637099500 (kr2, Deputy Clerk) (Entered: 07/28/2017)

JUDGMENT of USCA (certified copy)"Dismissing" this appeal and "Remanding" to the District Court for further proceedings consistent with the Court's decision as to 53 Notice of Appeal filed by James J. Jardina. (slss, Deputy Clerk) (Entered: 08/23/2017)

Filing fee: $ 4.62, receipt number 14637100189 (jah, Deputy Clerk) (Entered: 08/29/2017)

(FILED IN ERROR− WRONG CASE) Filing fee: $ 26.09, receipt number 14−cv−002477 (jah, Deputy Clerk) Modified on 8/29/2017 (ko, Deputy Clerk). (Entered: 08/29/2017)

MANDATE of USCA as to 53 Notice of Appeal filed by James J. Jardina (slss, Deputy Clerk) (Entered: 09/14/2017)

ORDER Granting plaintiff 28 days to file an Amended Complaint. Signed by Judge James K. Bredar on 9/15/2017. (c/m 9/18/17 bas, Deputy Clerk) (Entered: 09/18/2017)

Filing fee: $ 4.41, receipt number 14637100864 (jb5, Deputy Clerk) (Entered: 10/03/2017)

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 10/12/2017)

Filing fee: $ 4.83, receipt number 14637101615 (bas, Deputy Clerk) (Entered: 11/03/2017)

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Additional attachment(s) added on 11/7/2017: # 1 Certificate of Service) (jb5, Deputy Clerk). (Entered: 11/07/2017)

ORDER granting 60 Motion for Extension of Time to and including November 28, 2017. Plaintiff is cautioned that the court is disinclined to grant additional extensions unless he articulates a particular need for specific materials, facts and length of time needed to complete amended complaint. Signed by Chief Judge James K. Bredar on 11/6/2017. (jb5, Deputy Clerk)(c/m 11−7−2017) (Entered: 11/07/2017)

MOTION to Appoint Counsel by James J. Jardina (Attachments: # 1 Declaration in Support of Plaintiffs Motion For The Appointment of Counsel, # 2 Memorandum of Law In Support of Plaintiffs Motion For The Appointment of Counsel, # 3 Declaration of Simon T Tusha, # 4 Declaration of John Lando)(jb5, Deputy Clerk) (Entered: 11/08/2017)

ORDER Granting 61 Motion for Extension of Time and Plaintiff's request for appointment of counsel (contained in ECF 61) is Denied. Signed by Chief Judge James K. Bredar on 11/9/2017. (jb5, Deputy Clerk)(c/m 11−13−2017) (Entered: 11/13/2017)

Filing fee: $ 4.41, receipt number 14637102291 (jb5, Deputy Clerk) (Entered: 12/04/2017)

AMENDED COMPLAINT against Robustiano Barrera, Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, Beverly McLaughlin, Wexford Health Sources, Inc., B. Ziler, filed by James J. Jardina. (Attachments: # 1 Exhibit Exhibits 9 thru 17, # 2 Declaration of Bolton, # 3 Declaration of Elliott, # 4 Declaration of Malaskis, # 5 Declaration of Southern, # 6 Declaration of Tomczewski)(jb5, Deputy Clerk) (Entered: 12/28/2017)

Filing fee: $ 4.62, receipt number 14637103010 (nu, Deputy Clerk) (Entered: 01/10/2018)

MOTION for Extension of Time to Respond to Plaintiff's Motion to File an Amended Complaint by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order)(Meister, Douglas) (Entered: 01/09/2018)

ORDER denying 63 Motion to Appoint Counsel ; granting 66 Motion for Extension of Time. Signed by Chief Judge James K. Bredar on 1/10/2018. (jb5, Deputy Clerk)(c/m−1−11−2018) (Entered: 01/11/2018)

MOTION for Extension of Time to File Answer to and including February 23, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 01/24/2018)

NOTICE of Appearance by Douglas Conrad Meister on behalf of Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Meister, Douglas) (Entered: 02/07/2018)

Filing fee: $ 4.83, receipt number 14637103860 (jb5, Deputy Clerk) (Entered: 02/09/2018)

MOTION for Extension of Time to File Answer to and including March 26, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 02/23/2018)

MOTION for Extension of Time to Reply to Plaintiff's Amended Complaint by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order)(Meister, Douglas) (Entered: 02/26/2018)

ORDER granting 69 Motion for Extension of Time to Answer Nunc Pro Tunc ; granting 71 Motion for Extension of Time to Answer til March 26, 2018 ; granting 72 Motion for Extension of Time til March 5, 2018. Signed by Chief Judge James K. Bredar on 2/28/2018. (jb5, Deputy Clerk)(c/m−03/01/2018) (Entered: 03/01/2018)

MOTION to Dismiss or in the Alternative, Motion for Summary Judgment by Robustiano Barrera, Beverly McLaughlin, Wexford Health Sources, Inc. (Attachments: # 1 Text of Proposed Order Order − MTD, # 2 Text of Proposed Order Order − MSJ, # 3 Supplement Memorandum of Law, # 4 Exhibit Exhibit 1 − Medical Records, # 5 Exhibit Exhibit 2 − Affidavit, # 6 Exhibit Exhibit 3 − Affidavit)(Smith, Gina) (Entered: 03/02/2018)

Filing fee: $ 4.41, receipt number 14637104392 (jb5, Deputy Clerk) (Entered: 03/07/2018)

MOTION to Withdraw Defendants Without Prejudice by James J. Jardina(jb5, Deputy Clerk) (Entered: 03/19/2018)

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 03/20/2018)

MOTION for Extension of Time to File Answer to and including April 25, 2018 by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 03/26/2018)

Consent MOTION to Dismiss the Medical Defendants by Robustiano Barrera, Wexford Health Sources, Inc.(Smith, Gina) (Entered: 03/27/2018)

ORDER dismissing 74 Motion to Dismiss; granting 75 Motion to Withdraw ; granting 78 Motion to Dismiss; State Defendants' Motion for an extension of time to and including April 25th 2018 is granted. No further extensions will be granted without demonstration of compelling cause. Signed by Chief Judge James K. Bredar on 3/30/2018. (jb5, Deputy Clerk)(c/m−04−03−2018) (Entered: 04/03/2018)

Filing fee: $ 4.83, receipt number 14637105172 (jb5, Deputy Clerk) (Entered: 04/05/2018)

MOTION to Dismiss , MOTION for Summary Judgment by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Declaration of L. Tennille Winters dated March 28, 2018, with attached records, # 3 Exhibit 2 Medical Records, # 4 Exhibit 3 ECF 42−1 − Dr. Robustiano Barrera, # 5 Exhibit 4 Declaration of Richard Graham,Jr. dated March 26, 2018, # 6 Exhibit 5 Declaration of Denise Gelsinger dated March 20, 2018)(Lane Weber, Stephanie) (Entered: 04/25/2018)

Filing fee: $ 4.20, receipt number 146371006019 (jb5, Deputy Clerk) (Entered: 05/04/2018)

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 05/08/2018)

ORDER granting 81 Motion for Extension of Time; directing Clerk to amend the docket to reflect plaintiff's current address. Signed by Chief Judge James K. Bredar on 5/9/2018. (c/m 5/10/18) (krs, Deputy Clerk) (Entered: 05/10/2018)

Filing fee: $ 4.62, receipt number 14637106683 (jb5, Deputy Clerk) (Entered: 06/05/2018)

MOTION for Extension of Time by James J. Jardina(jb5, Deputy Clerk) (Entered: 06/21/2018)

ORDER granting 83 Motion for Extension of Time;. Signed by Chief Judge James K. Bredar on 7/2/2018. (jb5, Deputy Clerk)(c/m−07−03−2018) (Entered: 07/03/2018)

RESPONSE in Opposition re 80 MOTION to Dismiss MOTION for Summary Judgment filed by James J. Jardina. (Attachments: # 1 Declaration, # 2 Exhibits)(jb5, Deputy Clerk) (Entered: 07/23/2018)

Filing fee: $ 0.63, receipt number 14637108182 (ds3, Deputy Clerk) (Entered: 08/17/2018)

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 09/14/2018)

MOTION for Extension of Time by James J. Jardina (Attachments: # 1 Affidavit, # 2 Cover Letter)(jb5, Deputy Clerk) (Entered: 09/24/2018)

ORDER granting 87 Motion for Extension of Time. Signed by Chief Judge James K. Bredar on 9/26/18. (c/m 9/27/18) (krs, Deputy Clerk) (Entered: 09/27/2018)

MOTION to Appoint Counsel by James J. Jardina (Attachments: # 1 Cover Letter, # 2 Memorandum in Support, # 3 Affidavit)(jb5, Deputy Clerk) (Entered: 10/02/2018)

Filing fee: $ 8.19, receipt number 14637109700 (jb5, Deputy Clerk) (Entered: 10/05/2018)

Correspondence from Plaintiff re: Courts Order at ECF 88(ds3, Deputy Clerk) (Entered: 10/11/2018)

Filing fee: $ 14.28, receipt number 14637110237 (ds3, Deputy Clerk) (Entered: 11/01/2018)

Filing fee: $ 4.83, receipt number 14637111049 (jb5, Deputy Clerk) (Entered: 12/06/2018)

FILED IN ERROR− Filing fee: $ 6.51, receipt number 14637111041 (jb5, Deputy Clerk) (Entered: 12/06/2018)

MOTION to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Lane Weber, Stephanie) (Entered: 12/10/2018)

ORDER granting 91 Motion to Strike Appearance. Signed by Chief Judge James K. Bredar on 12/10/2018. (jb5, Deputy Clerk) (Entered: 12/12/2018)

Filing fee: $ 4.20, receipt number 14637111505 (jb5, Deputy Clerk) (Entered: 12/17/2018)

MEMORANDUM OPINION. Signed by Chief Judge James K. Bredar on 12/18/2018. (jb5, Deputy Clerk)(c/m−12−18−2018) (Entered: 12/18/2018)

MOTION for Objections to Ruling or Order Pursuant to Fed.R.Civ.P.46 by James J. Jardina (Attachments: # 1 Cover Letter)(jb5, Deputy Clerk) (Entered: 12/28/2018)

Filing fee: $ 4.83, receipt number 14637112026 (jb5, Deputy Clerk) (Entered: 01/10/2019)

MOTION for Extension of Time by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 01/14/2019)

ORDER granting 96 Motion for Extension of Time to and including the 13th of February. Signed by Chief Judge James K. Bredar on 1/16/2019. (jb5, Deputy Clerk)(c/m−01−16−2019) (Entered: 01/16/2019)

Filing fee: $ 4.62, receipt number 14637112591 (ds3, Deputy Clerk) (Entered: 02/06/2019)

MOTION to Dismiss , MOTION for Summary Judgment by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Declaration of Michael Yates, # 3 Exhibit 2 Medical Records, # 4 Exhibit 3 Declaration of Jon R. Scramlin)(Lane Weber, Stephanie) (Entered: 02/13/2019)

Rule 12/56 letter mailed to James J. Jardina (jb5, Deputy Clerk) (Entered: 02/14/2019)

MOTION for Extension of Time by James J. Jardina(jb5s, Deputy Clerk) (Entered: 02/27/2019)

ORDER denying 95 Motion Plaintiffs Objections to Ruling or Order Pursuant to Rule 46 of the Federal Rules of Civil Procedure; granting 100 Motion for Extension of Time; giving Plaintiff 28 days from the date of this Order to file for his reasons why he believes Officer Ziler violated his ADA rights. Signed by Chief Judge James K. Bredar on 3/6/2019. (jb5, Deputy Clerk)(c/m−03−06−2019) (Entered: 03/06/2019)

Filing fee: $ 4.62, receipt number 14637113464 (ds3, Deputy Clerk) (Entered: 03/15/2019)

RESPONSE in Opposition re 98 MOTION to Dismiss MOTION for Summary Judgment filed by James J. Jardina. (Attachments: # 1 Cover Letter, # 2 Attachment)(jb5, Deputy Clerk) (Entered: 03/21/2019)

MOTION to Amend Complaint by James J. Jardina(jb5, Deputy Clerk) (Entered: 03/21/2019)

Filing fee: $ 8.19, receipt number 14637114273 (jb5, Deputy Clerk) (Entered: 04/11/2019)

MEMORANDUM OPINION. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

FILED IN ERROR−ORDER granting in part and denying in part 98 Motion to Dismiss; granting 98 Motion for Summary Judgment; denying 103 Motion to Alter/Amend Judgment; The denial of Plaintiffs Motion for Appointment of Counsel (ECF 94 1, ECF 89) IS rescinded and Plaintiffs Motion for Appointment of Counsel (ECF 89) IS granted. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

ORDER APPOINTING PRO BONO COUNSEL; ORDER granting in part and denying in part 98 Motion to Dismiss; granting 98 Motion for Summary Judgment; denying 103 Motion to Alter/Amend Judgment; The denial of Plaintiffs Motion for Appointment of Counsel (ECF 94 1, ECF 89) IS rescinded and Plaintiffs Motion for Appointment of Counsel (ECF 89) IS granted. Signed by Chief Judge James K. Bredar on 4/17/2019. (jb5, Deputy Clerk)(c/m−04−17−2019) (Entered: 04/17/2019)

MOTION for Extension of Time to File Answer by Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order)(Lane Weber, Stephanie) (Entered: 04/18/2019)

ORDER denying 107 Motion for Extension of Time to Answer; as it has been requested prematurely and will be considered after counsel is appointed and the initial status report is filed. Signed by Chief Judge James K. Bredar on 4/22/2019. (jb5, Deputy Clerk)(c/m−04−22−2019) (Entered: 04/22/2019)

ORDER APPOINTING PRO BONO COUNSEL Ryan S. Perlin for James J. Jardina; attorney may file a motion for reconsideration of this appointment within 14 days of this Order and show good cause why he is unable to accept the appointment. Signed by Chief Judge James K. Bredar on 5/6/2019. (jb5, Deputy Clerk)(c/m−05−06−2019) (c/s docket sheet, complaint, reimbursement form on 5/7/2019) (srd, Deputy Clerk). (Entered: 05/06/2019)

Mail Returned as Undeliverable. Mail sent to Ryan Perlin (Counsel) (Attachments: # 1 Docket Sheet & Complaint) (jb5, Deputy Clerk) (Entered: 05/10/2019)

Filing fee: $ 4.20, receipt number 14637115065 (jb5, Deputy Clerk) (Entered: 05/13/2019)

Status Report Submitted Request for 30 Day Period to Establish Representation by James J. Jardina (Perlin, Ryan) (Entered: 05/30/2019)

PAPERLESS ORDER re 111 Status Report Submitted filed by James J. Jardina. The Status Report is APPROVED. The next Status Report is due 7/1/19. Signed by Chief Judge James K. Bredar on 5/31/2019. (vdcs, Chambers) (Entered: 05/31/2019)

MOTION for Substitution of Counsel and Motion to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Curnutte, Francis) (Entered: 07/01/2019)

Status Report Submitted Request for 30−Day Period to Develop Discovery or Mediation Plan by James J. Jardina (Perlin, Ryan) (Entered: 07/01/2019)

ORDER granting 113 Motion to Strike. Signed by Chief Judge James K. Bredar on 7/1/2019. (jb5, Deputy Clerk) (Entered: 07/02/2019)

PAPERLESS ORDER re 114 Status Report Submitted filed by James J. Jardina. The Status Report is APPROVED. The next Status Report is due 7/31/19. Signed by Chief Judge James K. Bredar on 7/9/2019. (vdcs, Chambers) (Entered: 07/09/2019)

Filing fee: $ 8.82, receipt number 14637116388 (jb5s, Deputy Clerk) (Entered: 07/11/2019)

MOTION to Strike Substitution of Counsel and Motion to Strike Appearance by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr, B. Ziler(Crawford, Mary) (Entered: 07/24/2019)

MARGINAL ORDER granting Defendants Dept. of Public Safety and Correctional Services, Warden Graham, and former asst. Warden Denise Gelsinger, CO II B. Ziler's 117 Motion to Substitute Counsel and Strike appearance. Signed by Chief Judge James K. Bredar on 7/24/2019. (dass, Deputy Clerk) (Entered: 07/24/2019)

Status Report Submitted (Req for Referral for Settlement Conference) by James J. Jardina (Perlin, Ryan) (Entered: 07/31/2019)

ORDER approving 119 Status Report Submitted filed by James J. Jardina; staying deadlines. Signed by Chief Judge James K. Bredar on 8/1/2019. (dass, Deputy Clerk) (Entered: 08/01/2019)

ORDER REFERRING CASE to Magistrate Judge J. Mark Coulson for Settlement. Signed by Chief Judge James K. Bredar on 8/2/2019. (cags, Deputy Clerk) (Entered:

Filing fee: $ 4.62, receipt number 14637117253 (ds3, Deputy Clerk) (Entered: 08/26/2019)

Filing fee: $ 3.36, receipt number 14637117799 (ds3, Deputy Clerk) (Entered: 09/16/2019)

MOTION to Stay by Department of Public Safety and Correctional Services, Denise Gelsinger, Richard J. Graham, Jr (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 Complaint)(Crawford, Mary) (Entered: 10/01/2019)