Case: Loisel v. Clinton

Matthew J. Akiyama, MD, MSc; Tessa Bialek, JD; Raphael Simonson, BA

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

COMPLAINT against ROBERT CLINTON, RICHARD LIBERTY, filed by MATHIEW LOISEL. (Service of Process Deadline 5/22/2019) (Attachments: # 1 Envelope)(sfw) (Entered: 02/21/2019)

1 Envelope

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MOTION for Leave to Proceed in forma pauperis by MATHIEW LOISEL (Attachments: # 1 Affidavit in support of Motion for IFP, # 2 Certificate of Account, # 3 Trust Account Statement)(sfw) (Entered: 02/21/2019)

NOTICE re 2 MOTION for Leave to Proceed in forma pauperis filed by MATHIEW LOISEL. Although the Clerk's Office has no obligation to review pleadings for personal identifiers, please note that the above-referenced document contains personal identifiers in violation of Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1. This will be the only Notice of Violation of Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1 you will receive in this case. The filing party may remedy this violation by filing a redacted version of the document adding REDACTED to the top of the filing along with, a Motion to Seal the previously filed unredacted document. If no action is taken, the unredacted document will remain publicly available. (sfw) (Entered: 02/21/2019)

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's intent to proceed due 3/15/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 02/22/2019)

Set Deadlines: Prisoner Intent to Proceed Deadline 3/15/2019. (MFS)

INDICATION by Prisoner MATHIEW LOISEL of Intent to Proceed; Prison Business office notified. (Attachments: # 1 Envelope)(mnw) (Entered: 03/05/2019)

1 Envelope

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MOTION to Extend Time to pay initial partial filing fee by MATHIEW LOISEL. No PDF document is attached to this docket entry. The motion to extend time is incorporated within intent to proceed #5. To view PDF document, see ECF No. 5. (mnw) (Entered: 03/05/2019)

LETTER from the Clerk's Office regarding the collection of fees. (mnw) (Entered: 03/05/2019)

ORDER granting 6 Motion to Extend Time to Pay Initial Partial Filing Fee. Time is extended as requested. The partial filing fee will be forwarded to the Court by the Institution in accordance with the Court's order granting Plaintiff's request to proceed in forma pauperis. (Order, ECF No. 4.) By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/05/2019)

Order on Motion to Extend Time

ORDER FOR SERVICE: The Clerk is directed to prepare the necessary documents for service by the U.S. Marshal. The U.S. Marshal may attempt service by waivers in the first instance. If no waiver(s) is/are timely returned, the Clerk is directed to prepare summons(es) for service in hand by the U.S. Marshal. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 03/07/2019)

Order for Service

USM Service Form 285 and appropriate Service Documents completed and given to the U.S. Marshal Service along with a copy of the Complaint and Order Directing Service. (slg)

MAIL (NEF of ECF No. 9 Order for Service & NEF of USM Service Entry ) sent to Mathiew Loisel returned as undeliverable. Reason: Refused, Unable to Forward. (mnw) (Entered: 03/11/2019)

WAIVER OF SERVICE Returned Executed as to ROBERT CLINTON. Waiver sent on 3/12/2019. Answer due by 5/13/2019. (mnw) (Entered: 04/29/2019)

WAIVER OF SERVICE Returned Executed as to RICHARD LIBERTY. Waiver sent on 3/12/2019. Answer due by 5/13/2019. (mnw) (Entered: 04/29/2019)

Set Deadlines : No answer or responsive pleading filed by ROBERT CLINTON & RICHARD LIBERTY : Check for the Filing of a Motion for Entry of Default on 6/14/2019. (mnw)

LETTER by MATHIEW LOISEL. (Attachments: # 1 Envelope)(mjlt) (Entered: 05/17/2019)

MOTION for Entry of Default as to Defendants Robert Clinton and Richard Liberty filed by MATHIEW LOISEL (Attachments: # 1 Declaration of Mathiew Loisel, # 2 Envelope)(mnw) (Entered: 05/22/2019)

NOTICE of Appearance by ROBERT C. HATCH on behalf of ROBERT CLINTON, RICHARD LIBERTY (HATCH, ROBERT) (Entered: 05/29/2019)

MOTION to Set Aside 14 MOTION for Entry of Default by ROBERT CLINTON, RICHARD LIBERTY Responses due by 6/19/2019. (Attachments: # 1 Exhibit A-Affidavit of Robert C. Hatch, # 2 Exhibit B-Proposed Answer)(HATCH, ROBERT) Modified on 5/30/2019 to clean up duplicate exhibit text (mnw). Added MOTION for Leave to File Late Answer on 5/30/2019 (mnw). (Entered: 05/29/2019)

NOTICE of Appearance by BENJAMIN WAHRER on behalf of All Defendants (WAHRER, BENJAMIN) (Entered: 05/30/2019)

ORDER granting 14 Motion for Entry of Default (no answer or responsive pleading having been filed) as to ROBERT CLINTON and RICHARD LIBERTY. By Melody Whitten, Deputy Clerk (mnw) (Entered: 05/30/2019)

Order on Motion for Entry of Default

NOTICE of Appearance by PETER G. MANCUSO on behalf of MATHIEW LOISEL (MANCUSO, PETER) (Entered: 06/17/2019)

NOTICE of Appearance by ANDREW A. SCHMIDT on behalf of MATHIEW LOISEL (SCHMIDT, ANDREW) (Entered: 06/17/2019)

NOTICE of Appearance by TAYLOR ANDREW ASEN on behalf of MATHIEW LOISEL (ASEN, TAYLOR) (Entered: 06/18/2019)

Unopposed MOTION to Amend for Leave to File Amended Complaint by MATHIEW LOISEL Responses due by 7/9/2019. (ASEN, TAYLOR) (Entered: 06/18/2019)

NOTICE of Appearance by MIRIAM A. JOHNSON on behalf of MATHIEW LOISEL (JOHNSON, MIRIAM) (Entered: 06/19/2019)

ORDER granting 22 Motion for Leave to File Amended Complaint. Plaintiff shall file the amended complaint on or before June 26, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 06/19/2019)

Order on Motion to Amend

Set Deadlines per order #24: Amended Complaint due by 6/26/2019. (clp)

ORDER ON DEFENDANTS' MOTION TO SET ASIDE DEFAULT granting 16 Motion to Set Aside Default; granting 16 Motion for Leave to File Response By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 06/21/2019)

First AMENDED COMPLAINT (Demand for Jury Trial, Injunctive Relief, and Class Certification Requested) against All Defendants, filed by MATHIEW LOISEL. (Service of Process Deadline 9/24/2019) (Attachments: # 1 Exhibit DOC email obtained via FOAA request)(ASEN, TAYLOR) (Entered: 06/26/2019)

1 Exhibit DOC email obtained via FOAA request

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Summons Issued as to WELLPATH LLC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 06/27/2019)

NOTICE: The Court has completed its preliminary review and ordered the complaint to be served. Pursuant to the Agreement on Service between the Clerk of Court and the Maine Attorney General, this Notice constitutes service as directed by the Court. The Maine Attorney General shall file notice of acceptance or declination of acceptance of service within 30 days. (Deadline to File Acceptance or Declination of Acceptance of Service is 7/29/2019) (mnw) (Entered: 06/28/2019)

AGREEMENT of Acceptance of Service by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (ROSS, ALISA) (Entered: 07/01/2019)

Set Answer Deadline for RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS Per Notice #28: Answer due by 8/27/2019. (slg)

NOTICE of Appearance by JONATHAN R. BOLTON on behalf of RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (BOLTON, JONATHAN) (Entered: 07/03/2019)

NOTICE of Appearance by ALISA ROSS on behalf of RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS (ROSS, ALISA) (Entered: 07/03/2019)

Consent MOTION to Extend Time to File Answer re 26 Amended Complaint by ROBERT CLINTON, MD & RICHARD LIBERTY. Responses due by 7/29/2019. (HATCH, ROBERT) Modified on 7/9/2019 to remove Wellpath LLC as filer (mnw). (Entered: 07/08/2019)

NOTICE of Docket Entry Modification regarding 32 Consent MOTION to Extend Time to File Answer re 26 Amended Complaint : Docket entry modified by the Clerk's Office to remove Wellpath LLC as filer as the request to extend time is only being made on behalf of defendants Robert Clinton and Richard Liberty. (mnw) (Entered: 07/09/2019)

ORDER granting 32 Motion to Extend Time to File Response to Amended Complaint. Time is extended to July 24, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 07/09/2019)

Order on Motion for Extension of Time to Answer

Reset Answer Deadline for ROBERT CLINTON, MD & RICHARD LIBERTY : Per Order #34: Answer due by 7/24/2019. (mnw)

SUMMONS Returned Executed by MATHIEW LOISEL. WELLPATH LLC served on 7/3/2019. (ASEN, TAYLOR) (Entered: 07/10/2019)

Set Answer Deadline for WELLPATH LLC - Per Summons Returned Executed #35: Answer due by 7/24/2019. (mnw)

CORPORATE DISCLOSURE STATEMENT by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (HATCH, ROBERT) (Entered: 07/24/2019)

ANSWER to 26 Amended Complaint, by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC.(HATCH, ROBERT) (Entered: 07/24/2019)

ANSWER to 26 Amended Complaint, by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS.(BOLTON, JONATHAN) (Entered: 08/27/2019)

SCHEDULING ORDER: Discovery due by 1/15/2020. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/22/2020. Motions due by 2/5/2020. Ready for Trial on 4/7/2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 08/28/2019)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Melissa Merenberg) (MFS) (Entered: 09/18/2019)

ORDER setting Settlement Conference for 11/21/2019 at 8:30 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 11/14/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS). Modified on 9/24/2019 to add main document (jgd). (Entered: 09/24/2019)

(Access to document is restricted to case participants only) MOTION for Writ of Habeas Corpus ad Testificandum of Mathiew Loisel by MATHIEW LOISEL (JOHNSON, MIRIAM) (Entered: 10/15/2019)

ORDER granting 42 Motion for Writ of Habeas Corpus ad Testificandum. Writ Issued. By MAGISTRATE JUDGE JOHN C. NIVISON. (jwr) (Entered: 10/16/2019)

(Access to document is restricted to case participants only) WRIT of Habeas Corpus Ad Testificandum issued (jwr) (Entered: 10/16/2019)

Order on Motion for Writ of Habeas Corpus

NOTICE of Hearing: Telephone Conference set for 11/8/2019 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 10/30/2019)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 11/08/2019)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement discussions to continue. (Court Reporter: No court reporter present) (MFS) (Entered: 11/21/2019)

NOTICE of Hearing: Telephone Conference set for 1/14/2020 at 11:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 11/22/2019)

NOTICE of Hearing: Telephone Conference set for 2/11/2020 at 11:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 11/22/2019)

NOTICE of Hearing: Telephone Conference of Counsel set for 3/16/2020 at 10:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) Modified on 1/14/2020 to indicate this will be telephonic (jwr). (Entered: 11/22/2019)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: No court reporter present) (MFS) (Entered: 01/14/2020)

NOTICE of Canceled Hearing. The 2/11/2020 telephone conference is canceled. (MFS) (Entered: 01/14/2020)

PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/14/2020)

NOTICE of Hearing: Conference of Counsel set for 4/28/2020 at 10:00 AM in Magistrate Judge Nivison's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/17/2020)

NOTICE OF CANCELLED HEARING. The telephone conference scheduled for 3/16/2020 at 10:00 a.m. with MAGISTRATE JUDGE JOHN C. NIVISON has been cancelled and will be rescheduled to a later date. (jwr) (Entered: 03/15/2020)

NOTICE of Canceled Hearing: The conference of counsel scheduled for 4/28/2020 at 10:00 a.m. has been canceled in accordance with General Order-2 issued by Chief Judge Jon D. Levy on 3/18/2020 and will be rescheduled to a later date. (MFS) (Entered: 03/20/2020)

NOTICE of Hearing: Telephone Conference set for 6/23/2020 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information.(MFS) (Entered: 06/10/2020)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: Melissa Merenberg) (MFS) (Entered: 06/23/2020)

Joint MOTION to Stay Proceedings by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC Responses due by 8/14/2020. (WAHRER, BENJAMIN) (Entered: 07/24/2020)

ORDER granting 59 Motion to Stay. In accordance with the parties' agreement, the matter is stayed until further order of the Court. The parties shall file a status report on or about December 15, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 07/27/2020)

Set Deadlines - Per Order #60: Status Report due by 12/15/2020. (mnd)

Order on Motion to Stay

Joint Status Report of the Parties by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) Modified on 12/16/2020 to clean up text (mnd). (Entered: 12/15/2020)

ORDER - Upon review of the parties' status report (ECF No. 61), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about June 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (mnd) (Entered: 12/17/2020)

Set Deadlines - Per Order #62: Status Report due by 6/1/2021. (mnd)

Order

STATUS REPORT Joint Status Report of the Parties by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) (Entered: 06/01/2021)

ORDER - Upon review of the parties' status report (ECF no. 63), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about September 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 06/01/2021)

Per Order #64 Deadlines Set: Status Report due by 9/1/2021. (slg)

Order

*FILED IN ERROR* STIPULATION of Dismissal By the Parties as to Certain Defendants by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (BRADEN, TWAIN) Modified on 7/8/2021 to add filed in error notation, counsel to re-file (mnd). (Entered: 07/08/2021)

NOTICE of Docket Entry Modification regarding 65 Stipulation of Dismissal : Docket entry modified by the Clerk's Office to reflect that it was filed in error and will be re-filed by counsel. (mnd) (Entered: 07/08/2021)

STIPULATION of Dismissal By the Parties as to Certain Defendants by ROBERT CLINTON, MD, RICHARD LIBERTY, WELLPATH LLC. (HATCH, ROBERT) (Entered: 07/08/2021)

STATUS REPORT Joint by WELLPATH LLC. (PECK, ELIZABETH) (Entered: 09/01/2021)

ORDER-Upon review of the parties' status report (ECF No. 68), the matter shall remain stayed until further order of the Court. The parties shall file a status report on or about November 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (clp) (Entered: 09/02/2021)

~Util - Set Deadlines AND Order

STATUS REPORT Joint by WELLPATH LLC. (PECK, ELIZABETH) (Entered: 11/01/2021)

ORDER: Upon review of the parties status report (ECF No. 70), the Court lifts the stay. The parties shall file a stipulation of dismissal within 30 days. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 11/01/2021)

Order

STIPULATION of Dismissal Joint Stipulation of Dismissal by RANDALL LIBERTY, MATTHEW MAGNUSSON, MAINE DEPARTMENT OF CORRECTIONS. (ROSS, ALISA) (Entered: 11/12/2021)