Case: Woodcock v. Correct Care Solutions

3:16-cv-00096 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Feb. 27, 2015

Clearinghouse coding complete

Case Summary

This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the Eastern District of Kentucky on December 7, 2016. Represented by the civil rights firm Belzley, Bathurst & Bentley, plaintiffs sued the Kentucky Department of Corrections, several individual employees of th…

This class action, brought on behalf of approximately 1,200 prisoners in the custody of the Kentucky Department of Corrections diagnosed with Hepatitis C, and those who might be diagnosed in the future, was filed in Kentucky state court in 2015, and removed to the U.S. District Court for the Eastern District of Kentucky on December 7, 2016.

Represented by the civil rights firm Belzley, Bathurst & Bentley, plaintiffs sued the Kentucky Department of Corrections, several individual employees of the Department, and CorrectCare Solutions, Inc., which provides medical services to inmates of the Department. They challenged the Department’s treatment of inmates with Hepatitis C, in particular the practice of triaging direct-acting antiviral treatment based on a priority level categorization of infected inmates. In a claim brought pursuant to 42 U.S.C. § 1983, they asserted that these treatment practices constituted deliberate indifference to serious medical needs in violation of the Eighth and Fourteenth Amendments. They further asserted that such care failed to reasonably accommodate persons with Hepatitis C, in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1978. Finally, plaintiffs alleged negligence and intentional infliction of emotional distress in violation of state law. They sought declaratory and injunctive relief and punitive damages.

On July 12, 2019, Judge Gregory F. Van Totenhove denied plaintiffs’ motion for a permanent injunction, finding that they had not established that the procedures at issue amounted to grossly inadequate treatment or that the Department of Corrections operated with the requisite culpable state of mind. In the same order, however, the Court granted class certification, defining the class as “all inmates in Kentucky prisons who have been diagnosed, or will be diagnosed, with chronic hepatitis C virus (HCV) for the purpose of injunctive relief.” 2019 WL 3068447. Ultimately, on February 4, 2020, the Court granted the defendants' motion for summary judgment as to the federal claims—holding that the plaintiffs failed to show that the Department’s practice of screening and monitoring inmates with Hepatitis C and prioritizing use of direct-acting antiviral treatment was inadequate or detrimental to their health, or that the defendants had acted with deliberate indifference to substantial risk of harm. The Court closed the federal case, and remanded the action to state court as to the state law claims. 2020 WL 556391.

Plaintiffs appealed, and on July 6, 2021, the U.S. Court of Appeals for the Sixth Circuit, in a panel of Judges Alice M. Batchelder, Richard A. Griffin, and Jane B. Stranch, affirmed the grant of summary judgment on the federal claims. Agreeing with the District Court, the Sixth Circuit concluded that the plaintiffs failed to show that the Department’s treatment plan put them at substantial risk of serious harm. 861 Fed.Appx. 654.

The status of the case on remand in state court is unknown at this time.

 

 

Summary Authors

Tessa Bialek (8/28/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6886768/parties/woodcock-v-correct-care-solutions-llc/


Judge(s)

Batchelder, Alice Moore (Ohio)

Attorney for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Bentley, Aaron Joseph (Kentucky)

Attorney for Defendant

Brown, Allison R. (Kentucky)

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Documents in the Clearinghouse

Document

3:16-cv-00096

Docket

July 6, 2021

July 6, 2021

Docket
1-2

3:16-cv-00096

15-CI-63

First Amended Class Action Complaint

Kentucky state trial court

Nov. 14, 2016

Nov. 14, 2016

Complaint
126

3:16-cv-00096

Third Amended Class Action Complaint

Jan. 15, 2019

Jan. 15, 2019

Complaint
162

3:16-cv-00096

Memorandum Opinion and Order

July 12, 2019

July 12, 2019

Order/Opinion

2019 WL 2019

202

3:16-cv-00096

Memorandum Opinion & Order

Feb. 4, 2020

Feb. 4, 2020

Order/Opinion

2020 WL 2020

42-2

20-05170

Opinion of the Court

U.S. Court of Appeals for the Sixth Circuit

July 6, 2021

July 6, 2021

Order/Opinion

861 Fed.Appx. 861

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6886768/woodcock-v-correct-care-solutions-llc/

Last updated March 27, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Franklin Circuit Court, case number 15-CI-63. ( Filing fee $400; receipt number 0643-3663482), filed by Correct Care Solutions, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 State Court Record - Part 1 - 1st Amended Complaint, etc, # 3 State Court Record - Part 2, # 4 State Court Record - Part 3, # 5 State Court Record - Part 4)(AKR) (Entered: 12/08/2016)

2

View on Clearinghouse

Dec. 7, 2016

Dec. 7, 2016

PACER

Add and Terminate Attorneys

Dec. 7, 2016

Dec. 7, 2016

PACER

Add and Terminate Parties

Dec. 7, 2016

Dec. 7, 2016

PACER

Attorney Update. Attorney Lainie Crouch Kaiser terminated per Notice of Substitution, NOR 1 -5, page ID 179. (CBD) Modified text on 12/9/2016 (CBD).

Dec. 7, 2016

Dec. 7, 2016

PACER

Amended Complaint

Dec. 7, 2016

Dec. 7, 2016

PACER

Party Update - Petitioner Ruben Rios Salinas, Respondent Kentucky Department of Corrections, Respondent LaDonna Thompson and Respondent Commonwealth of Kentucky added per Petition for Mandamus (NOR de 1 -5 of the SCR Part 4, page ID 181); and terminated per First Amended Complaint (NOR de 1 -2 of the SCR Part 1, page ID 7) (CBD)

Dec. 7, 2016

Dec. 7, 2016

PACER

Motion to Dismiss

Dec. 7, 2016

Dec. 7, 2016

PACER

FIRST AMENDED CLASS ACTION COMPLAINT against Rodney Ballard, Commonwealth of Kentucky, Correct Care Solutions, LLC, Doug Crall, MD, Cookie Crews, Frederick Kemen, MD, LaDonna Thompson, filed by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock. Filed at DE 1 -2 NOR as State Court Record Part 1, page ID 7.(CBD)

Dec. 7, 2016

Dec. 7, 2016

PACER

MOTION to Dismiss First Amended Complaint by Commonwealth of Kentucky. Filed at DE 1 -5 NOR as State Court Record Part 4, page ID 222. (CBD)

Dec. 7, 2016

Dec. 7, 2016

PACER

Conflict Check

Dec. 8, 2016

Dec. 8, 2016

PACER

Conflict Check run. (AKR)

Dec. 8, 2016

Dec. 8, 2016

PACER
3

NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Megan O'Reilly. 1 Notice of Removal, has been filed by Correct Care Solutions, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (AKR) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER

Add and Terminate Attorneys

Dec. 8, 2016

Dec. 8, 2016

PACER
4

FRCP 7.1 DISCLOSURE STATEMENT by Correct Care Solutions, LLC. (O'Reilly, Megan) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
5

NOTICE by Rodney Ballard, Doug Crall, MD, Cookie Crews, LaDonna Thompson Consent for Removal of State Court Action to U.S. District Court (Keeton, Linda) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER

Attorney Update. Attorney Linda Marion Keeton for Doug Crall, MD added. (CBD)

Dec. 8, 2016

Dec. 8, 2016

PACER
6

NOTICE by Commonwealth of Kentucky to Consent to Removal (Payne, Taylor) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
7

NOTICE OF FILING by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock OF SUMMONS TO CORRECT CARE SOLUTIONS, LLC (Attachments: # 1 Summons)(Belzley, Gregory) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
8

Summons Issued as to Correct Care Solutions, LLC; Summons issued and returned to counsel electronically. (AKR) Modified correcting file date on 12/13/2016 (AKR). (Main Document 8 replaced on 12/13/2016) (CBD). (Entered: 12/13/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
9

NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; Incorrect issuance date on summons; re 8 Summons Issued ; Correct document attached to this entry. cc: COR (AKR) Modified file date on 12/13/2016 (CBD). (Entered: 12/13/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
10

RESPONSE to Motion re MOTION to Dismiss by Commonwealth of Kentucky filed by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER

Motion Submitted

Dec. 30, 2016

Dec. 30, 2016

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re MOTION to Dismiss by Commonwealth of Kentucky - no objection by plaintiffs. (AKR)

Dec. 30, 2016

Dec. 30, 2016

PACER
11

ORDER: Plaintiffs' claims against Defendant Commonwealth of Kentucky are hereby dismissed without prejudice. Signed by Judge Gregory F. Van Tatenhove on 1/9/2017.(CBD)cc: COR Modified text on 1/9/2017 (AKR). (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER

File Submitted

March 15, 2017

March 15, 2017

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review re FRCP 4(m) as to Dr. Frederick Kemen, MD - Amended Complaint attached at DE 1 NOR as part of the State Court Record (CBD)

March 15, 2017

March 15, 2017

PACER
12

MOTION for Extension of Time by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock to Serve Defendant Frederick Kemen, MD With Summons (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

Motion Submitted

March 17, 2017

March 17, 2017

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 12 MOTION for Extension of Time by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock to Serve Defendant Frederick Kemen, MD With Summons (CBD)

March 17, 2017

March 17, 2017

PACER
13

ORDER: Plaintiffs' motion for an extension of time 12 is GRANTED. Plaintiffs shall have an additional 30 days to effectuate service on Dr. Frederick Kemen. Signed by Judge Gregory F. VanTatenhove on 3/20/2017. (CBD)cc: COR (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
14

NOTICE OF FILING by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock re 13 Order on Motion for Extension of Time OF PROOF OF SERVICE ON FREDERICK KEMEN, MD (Attachments: # 1 Exhibit Kemen proof of service)(Belzley, Gregory) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
15

MOTION for Entry of Default by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
16

Clerk's ENTRY OF DEFAULT as to Frederick Kemen, MD. cc: COR, attested copy mailed to Dr. Frederick Kemen, MD via US Mail (CBD) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER

Motion Submitted

March 28, 2017

March 28, 2017

PACER
17

AGREED MOTION to Vacate 16 Clerk's Entry of Default by Frederick Kemen, MD (Attachments: # 1 Proposed Order)(O'Reilly, Megan) Modified text on 3/28/2017 (CBD). (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 17 AGREED MOTION to Vacate 16 Clerk's Entry of Default (CBD) Modified text on 3/28/2017 (CBD).

March 28, 2017

March 28, 2017

PACER
18

ANSWER to Amended Complaint, by Correct Care Solutions, LLC.(O'Reilly, Megan) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER

File Submitted

March 31, 2017

March 31, 2017

PACER
19

ANSWER to Amended Complaint, by Frederick Kemen, MD.(O'Reilly, Megan) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review & possible scheduling (CBD)

March 31, 2017

March 31, 2017

PACER
20

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Medical Records Via SDT of Keath Bramblett (Attachments: # 1 Exhibit 1 - Subpoena for Medical Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
21

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Grievance Records Via SDT of Keath Bramblett (Attachments: # 1 Exhibit 1 - Subpoena For Grievance Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
22

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Medical Records Via SDT of Ruben Rios Salinas (Attachments: # 1 Exhibit 1 - Subpoena for Medical Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
23

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Grievance Records Via SDT of Ruben Rios Salinas (Attachments: # 1 Exhibit 1 - Subpoena For Grievance Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
24

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Medical Records Via SDT of Brian Woodcock (Attachments: # 1 Exhibit 1 - Subpoena for Medical Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
25

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Grievance Records Via SDT of Brian Woodcock (Attachments: # 1 Exhibit 1 - Subpoena For Grievance Records)(O'Reilly, Megan) Modified text on 4/5/2017 (CBD). (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
26

ORDER VACATING DEFAULT: Dr. Kemen's Mtn to Vacate the Entry of Default 17 against him is GRANTED. Dr. Kemen shall have until 4/5/17 in which to file responsive pleadings. Signed by Judge Gregory F. VanTatenhove on 4/5/2017.(AKR)cc: COR (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
27

ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. Signed by Judge Gregory F. VanTatenhove on 4/6/2017. (Attachments: # 1 Consent Form)(CBD)cc: COR (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
28

NOTICE by Correct Care Solutions, LLC Notice of Intent by Defendant to Obtain Inmate Grievance Records Via SDT (Attachments: # 1 Exhibit 1 - Subpoena For Grievance Records)(O'Reilly, Megan) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
29

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER

File Submitted

May 16, 2017

May 16, 2017

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 29 Report of Rule 26(f) Planning Meeting. (AKR)

May 16, 2017

May 16, 2017

PACER
30

SCHEDULING ORDER: DISCOVERY Parties exchange initial Rule 26(a)(1) disclosures by 5/30/17. Plfs expert witness i.d. by 11/1/17. Dfts expert witness i.d. by 1/10/18. Discovery due by 4/1/2018. Plfs file their mtn for class certification by 11/1/17. DISPOSITIVE MOTIONS Motions to Join Add'l parties and to amended pleadings due from both parties by 8/1/2017. Dispositive Motions due by 6/1/2018. FINAL PRETRIAL CONFERENCE set for Tuesday, 9/4/2018 at 11:00 AM in Courtroom of US Courthouse in FRANKFORT, KY. Pretrial Filings due by 8/28/2018. JURY TRIAL set for Tuesday, 9/18/2018 at 10:00 AM in Courtroom of US Courthouse in FRANKFORT, KY, with counsel to arrive by 9:30 a.m. Case referred to Magistrate Judge Edward B. Atkins for purpose of discovery and pretrial proceedings. (SEE Order for completeness). Signed by Judge Gregory F. VanTatenhove on 5/16/2017.(AKR)cc: COR, diary (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
31

NOTICE by Correct Care Solutions, LLC Compliance (O'Reilly, Megan) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
32

NOTICE by Rodney Ballard, Doug Crall, MD, Cookie Crews, LaDonna Thompson Compliance (Keeton, Linda) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
33

MOTION to Intervene by Jessica Lawrence Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A, Intervening Complaint, # 2 Summons James Erwin)(Bentley, Aaron) (Additional attachment(s) added on 8/21/2017: # 3 Proposed Order) (AKR). (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER

Notice of Deficiency

Aug. 18, 2017

Aug. 18, 2017

PACER

NOTICE OF DEFICIENCY TO Aaron Bentley re 33 MOTION to Intervene by Jessica Lawrence; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (AKR)

Aug. 18, 2017

Aug. 18, 2017

PACER
34

NOTICE OF FILING by Jessica Lawrence re 33 MOTION to Intervene by Jessica Lawrence (Attachments: # 1 Proposed Order)(Bentley, Aaron) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
35

ORDER: Jessica Lawrence's Motion to Intervene 33 is GRANTED. The Clerk of the Court is DIRECTED to file Lawrences Intervening Complaint [ 33 -1] in the record as of the date of entry of this Order. Signed by Judge Gregory F. VanTatenhove on 9/25/2017. (CBD)cc: COR (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
36

Intervenor COMPLAINT, filed by Jessica Lawrence. Filed per Order 35 (CBD) Modified on 12/12/2018 (CBD). (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
37

Summons Issued as to James Erwin; Summons issued and returned to counsel electronically (CBD) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
38

FIRST MOTION to Dismiss for failure to state a claim by Rodney Ballard, Rodney Ballard, Doug Crall, MD, Doug Crall, MD, Cookie Crews, Cookie Crews, James Erwin, LaDonna Thompson, LaDonna Thompson, LaDonna Thompson (Attachments: # 1 Proposed Order Proposed Order granting Motion to Dismiss for Plaintiff's Failure to State a Claim)(Keeton, Linda) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
39

MOTION for Extension of Time to Complete Discovery by Keath Bramblett, Jessica Lawrence, Ruben Rios Salinas, Brian Woodcock Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Email re depositions, # 2 Exhibit Email forwarding discovery requests, # 3 Exhibit Email re status of responses to discovery requests, # 4 Proposed Order)(Belzley, Gregory) Modified removing term date on 11/8/2017 (AKR). (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
40

ORDER: ON OR BEFORE WEDNESDAY, NOVEMBER 8, 2017, Defendants may respond to Plaintiffs' Motion 39 for 120-Day Extension of Deadlines. Signed by Magistrate Judge Edward B. Atkins on 11/1/2017. (CBD)cc: COR (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
41

RESPONSE to 40, 38 to Plaintiff's Mtn for 120 Day Extension of Deadlines filed by Correct Care Solutions, LLC, Frederick Kemen, MD. (O'Reilly, Megan) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER

Motion Submitted

Nov. 8, 2017

Nov. 8, 2017

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 39 MOTION for Extension of Time to Complete Discovery by Keath Bramblett, Jessica Lawrence, Ruben Rios Salinas, Brian Woodcock & 41 Response to Motion. (AKR)

Nov. 8, 2017

Nov. 8, 2017

PACER
42

NOTICE by Correct Care Solutions, LLC of Intent by Defendant to Obtain Medical Records Via Subpoena Duces Tecum (Attachments: # 1 Exhibit 1 - Subpoena Medical Records)(O'Reilly, Megan) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
43

MOTION to Stay re 38 FIRST MOTION to Dismiss for failure to state a claim by Rodney Ballard, Rodney Ballard, Doug Crall, MD, Doug Crall, MD, Cookie Crews, Cookie Crews, James Erwin, LaDonna Thompson, LaDonna Thompson, LaDonna Thompson by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock PENDING DISCOVERY Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Emails re depositions, # 2 Exhibit Emails re discovery requests, # 3 Exhibit Discovery requests, # 4 Proposed Order)(Belzley, Gregory) (Entered: 11/11/2017)

Nov. 11, 2017

Nov. 11, 2017

PACER
44

ORDER: This matter comes before the Court on Plaintiffs' Motion for 120-Day Extension of Deadlines. [R. 39]. IT IS ORDERED AS FOLLOWS: 1. Plaintiffs will file their motion for class certification and identify their expert witness(es) by 3/1/2018. 2. Defendants will identify their expert witness by 5/1/2018 3. Discovery due by 8/1/2018. 4. Dispositive and Daubert Motions due by 10/1/2018. 5. FINAL PRETRIAL CONFERENCE set for 1/16/2019 at 10:00 AM in FRANKFORT, KY 6.-9. pretrial filings ddls 10. JURY TRIAL set for 1/28/2019 at 10:00 AM in FRANKFORT, KY with counsel to arrive by 9:30 AM. Signed by Judge Gregory F. VanTatenhove on 11/13/2017.(CBD)cc: COR, D (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
45

MOTION for Entry of HIPPA Qualified Protective Order by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Defendants' responses to Plaintiffs' discovery requests, # 2 Proposed Order)(Belzley, Gregory) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
46

ORDER: that, on or before Friday, 2/23/2018, Dfts may file their response to Plfs' Mtn for Production of HIPAA-Protected Inmate Documents (R. 45 ). Signed by Magistrate Judge Edward B. Atkins on 2/9/2018.(AKR)cc: COR (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
47

RESPONSE to Motion re 45 MOTION for Entry of HIPPA Qualified Protective Order by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock filed by Correct Care Solutions, LLC, CorrectCare Solutions, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(O'Reilly, Megan) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER

Notice of Docket Modification

Feb. 26, 2018

Feb. 26, 2018

PACER

NOTICE OF DOCKET MODIFICATION TO Megan O'Reilly re 47 Response to Motion; Error: attachments were insufficiently described as "Exhibit," "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (AKR)

Feb. 26, 2018

Feb. 26, 2018

PACER
48

ORDER: On or before March 5, 2018, Plaintiffs may file their reply to Defendant Correct Care Solutions, LLC's Response to Plaintiffs' Mtn for Production of HIPAA-Protected Inmate Documents 47 . Signed by Magistrate Judge Edward B. Atkins on 2/26/2018.(AKR)cc: COR (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
49

MOTION to Certify Class by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock (Attachments: # 1 Exhibit KDOC HCV Plan, # 2 Exhibit FBOP Guidelines, # 3 Exhibit Current inmate count, # 4 Exhibit Order certifying class in Hoffer v. Jones, # 5 Proposed Order)(Belzley, Gregory) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
50

MOTION to Certify Class by Jessica Lawrence (Attachments: # 1 Proposed Order Granting Intervening Plaintiff's Motion)(Bentley, Aaron) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
51

MOTION to Vacate by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock Expert Deadlines (Attachments: # 1 Exhibit Emails re deposiition of Dr. Kemen, # 2 Exhibit Email forwarding first discovery requests, # 3 Exhibit Email re status of responses to discovery, # 4 Exhibit Email re status of responses to discovery, # 5 Exhibit CCS's responses to discovery, # 6 Exhibit Current KDOC HCV Plan, # 7 Exhibit FBOP Guidelines, # 8 Proposed Order)(Belzley, Gregory) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
52

ORDER: that ON OR BEFORE MONDAY, 3/12/2018, Dfts may file a resonse to Plfs' Mtn to Vacate Expert Dealines (R. 51 ). Signed by Magistrate Judge Edward B. Atkins on 3/2/2018.(AKR)cc: COR (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
53

REPLY to Response to Motion re 45 MOTION for Entry of HIPPA Qualified Protective Order by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock filed by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/03/2018)

March 3, 2018

March 3, 2018

PACER

Motion Submitted

March 5, 2018

March 5, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 45 MOTION for Entry of HIPPA Qualified Protective Order by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock . (AKR)

March 5, 2018

March 5, 2018

PACER
54

ORDER: 1. Plaintiff's Motion to Stay [R. 43] is DENIED; and 2. The Plaintiffs are DIRECTED to file a Response to Defendants' Motion to Dismiss [R. 38] within twenty-one (21) days of the entry of this Order. Signed by Judge Gregory F. VanTatenhove on 3/5/2018.(AKR)cc: COR (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER

Motion Submitted

March 6, 2018

March 6, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 45 MOTION for Entry of HIPPA Qualified Protective Order by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock . (AKR)

March 6, 2018

March 6, 2018

PACER
55

RESPONSE to Motion re 51 MOTION to Vacate by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock Expert Deadlines to Plaintiff's Motion to Extend Expert Discovery Deadlines filed by Correct Care Solutions, LLC, Frederick Kemen, MD. (O'Reilly, Megan) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER

Motion Submitted

March 13, 2018

March 13, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 51 MOTION to Vacate by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock Expert Deadlines. (AKR)

March 13, 2018

March 13, 2018

PACER
56

ORDER: 1. Plaintiffs' Motion to Vacate Expert Deadlines [R. 51] is DENIED; 2. Plaintiffs shall have until May 1, 2018 to identify their expert witness (es); 3. Defendants shall have until July 2, 2018 to identify their expert witness (es); 4. Absent a showing of good cause, no further extensions will be granted; and 5. On April 2, 2018, May 1, 2018, June 1, 2018, and July 2, 2018, the Parties shall submit Joint Status Reports detailing their efforts to conduct discovery. Signed by Magistrate Judge Edward B. Atkins on 3/14/2018.(AKR)cc: COR (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
57

NOTICE OF FILING by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock OF DEPOSITION OF FREDERICK KEMEN, MD (Attachments: # 1 Exhibit Kemen Deposition dated February 28, 2018)(Belzley, Gregory) Modified text on 3/20/2018 (CBD). (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
58

MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Certify Class by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock by Correct Care Solutions, LLC, Frederick Kemen, MD Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(O'Reilly, Megan) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
59

RESPONSE to Motion re 58 MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Certify Class by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock by Correct Care Solutions, LLC, Frederick Kemen, MD filed by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock. (Belzley, Gregory) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER

Motion Submitted

March 22, 2018

March 22, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 58 MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Certify Class by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock by Correct Care Solutions, LLC, Frederick Kemen, MD ; Response 59 no objection to motion. (AKR)

March 22, 2018

March 22, 2018

PACER
60

ORDER: CCS and Dr. Kemen's Motion is GRANTED. CCS and Dr. Kemen shall have until March 30, 2018, in which to file a Response to Plfs' Mtn for Cert of Class for Injunctive Relief. Signed by Magistrate Judge Edward B. Atkins on 3/22/2018.(AKR)cc: COR (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
61

RESPONSE in Opposition re 38 FIRST MOTION to Dismiss for failure to state a claim by Rodney Ballard, Rodney Ballard, Doug Crall, MD, Doug Crall, MD, Cookie Crews, Cookie Crews, James Erwin, LaDonna Thompson, LaDonna Thompson, LaDonna Thompson filed by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock. (Attachments: # 1 Exhibit State Summons, # 2 Exhibit State Green Cards, # 3 Exhibit KDOC HCV Treatment Plan, # 4 Exhibit 9/8/17 email, # 5 Exhibit 10/27/17 email, # 6 Exhibit Email re April 2 depositions, # 7 Exhibit FBOP Guidelines, # 8 Exhibit Woodcock Grievance, # 9 Exhibit Response to Grievance, # 10 Exhibit Grievance Committee Decision, # 11 Exhibit Final Decision, # 12 Exhibit Hoffer order certifying class, # 13 Proposed Order)(Belzley, Gregory) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
62

RESPONSE to Motion re 38 FIRST MOTION to Dismiss for failure to state a claim by Rodney Ballard, Rodney Ballard, Doug Crall, MD, Doug Crall, MD, Cookie Crews, Cookie Crews, James Erwin, LaDonna Thompson, LaDonna Thompson, LaDonna Thompson filed by Jessica Lawrence. (Attachments: # 1 Exhibit A - Signed Green Card, # 2 Proposed Order Denying motion to dismiss)(Bentley, Aaron) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
63

RESPONSE to Motion re 49 MOTION to Certify Class by Keath Bramblett, Ruben Rios Salinas, Brian Woodcock filed by Correct Care Solutions, LLC, Frederick Kemen, MD. (Attachments: # 1 Exhibit EX A - Kemen condensed transcript)(O'Reilly, Megan) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Feb. 27, 2015

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of persons incarcerated by the Kentucky Department of Corrections who are or become infected with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kentucky Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run