Case: Richard v. Pfister

Richard v. Baldwin

Richard v. Baldwin

William v. Baldwin

Richard v. Baldwin

RECEIVED Complaint and 8 copies by William Richard (Exhibits) (Attachments: # 1 Envelope postmarked 6/20/2017)(sxb, ) (Entered: 06/22/2017)

PRISONER CIVIL Cover Sheet (sxb, ) (Entered: 06/22/2017)

PRO SE Appearance by Plaintiff William Richard (sxb, ) (Entered: 06/22/2017)

APPLICATION by Plaintiff William Richard for leave to proceed in forma pauperis (Exhibits) (sxb, ) (Entered: 06/22/2017)

MOTION by Plaintiff William Richard for attorney representation (sxb, ) (Entered: 06/22/2017)

MOTION by Plaintiff William Richard for service of process at government expense. (sxb, ) (Entered: 06/22/2017)

ORDER: Plaintiff's motion for leave to proceed in forma pauperis 4 is denied. To proceed with this case, Plaintiff must pre-pay the $400 filing fee by August 18, 2017. His failure to comply will result in summary dismissal of this case. See N.D. Ill. Local Rule 3.3(e). The Court will address Plaintiff's complaint and other motions after the filing fee has been satisfied. Signed by the Honorable Thomas M. Durkin on 7/20/2017. Mailed notice. (bg, ) (Entered: 07/20/2017)

COMPLAINT filed by William Richard; Jury Demand. (Envelope postmarked 6/20/17) (tt, ) (Entered: 08/09/2017)

ORDER: Plaintiff has paid the $400 filing fee. As stated below, the Court has conducted its initial review of the complaint and finds that it states colorable claims against the Defendants listed therein. The Clerk of Court is directed to: (1) file Plaintiffs complaint 1 ; (2) issue summonses for its service on the Defendants; and (3) send Plaintiff eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form is required for each Defendant. Plaintiffs motion for service of his complaint 6 is granted, and the U.S. Marshal is appointed to serve Defendants. Before the Marshal attempts service, however, Plaintiff must return completed service forms to the Court. Plaintiff should submit completed service forms within 35 days of this order. Failure to comply may result in the dismissal of unserved Defendants, as well as this case for failing to prosecute it. Plaintiff's motion for an attorney 5 is denied without prejudice. Signed by the Honorable Thomas M. Durkin on 9/8/2017. Mailed notice (tt, ) (Entered: 09/08/2017)

SUMMONS Issued, copy of the complaint and certified copy of order dated 9/8/17 10 to the U.S. Marshal's Office for service as to defendant(s) Sarah Johnson, Anna McBee, Miller, M. Piefer, Sangster, Randy Tajeda, Teijte, Venerble via email. (tt, )

MAILED plaintiff copy of order dated 9/8/17 10, eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, and filing instructions. (tt, )

MOTION by Plaintiff William Richard to reconsider plaintiff's request for recruitment of counsel. Motion to amend complaint instanter. Motion to amend this court's 9/8/2017, order and to correct medical facts(Exhibits). (Envelope postmarked 11/6/17) (tt, ) (Entered: 11/14/2017)

MOTION by Plaintiff William Richard to amend complaint instanter (Omitted Relief from motion. 11 ). (tt, )

MOTION by Plaintiff William Richard to amend this court's 9/8/2017, order and to correct medical facts. (Omitted Relief from motion 11 ). (tt, )

SUMMONS Returned Unexecuted by U.S. Marshals Service as to Teijte. (tt, ) (Entered: 11/15/2017)

Amend/Correct

Amend/Correct

WAIVER OF SERVICE returned executed by U.S. Marshals Service. Sarah Johnson waiver sent on 11/14/2017, answer due 1/16/2018. (Attachments: # 1 usm 285-Sarah Johnson) (tt, ) (Entered: 11/16/2017)

ORDER: Plaintiff's motion to amend his complaint and for the Court to reconsider its denial of Plaintiff's initial request for counsel and amend its 9/8/17 order 11 is granted in part and denied in part. Plaintiff's request to substitute Randy Pfister for Randy Tajeda as the Warden of Stateville Correctional Center is granted. The Clerk shall terminate Randy Tajeda as a Defendant, add Randy Pfister, and change the caption of this case to Richard v. Pfister. The Clerk shall also issue summons for service of the complaint on Randy Pfister, who should consider the allegations against Tajeda to be against Pfister. Plaintiff's request for the Court to reconsider its refusal to recruit an attorney 11 is denied. Plaintiff's request for the Court to amend its 9/8/17 order to include additional medical conditions in the list of Plaintiff's maladies is denied; however, the Court acknowledges (and Defendants should as well) that Plaintiff suffers from additional conditions than those stated in the 9/8/17 order. Signed by the Honorable Thomas M. Durkin on 11/28/2017. Mailed notice (tt, ) (Entered: 11/28/2017)

SUMMONS Issued, copy of the complaint and certified copy of order dated 11/28/17 14 to the U.S. Marshal's Office for service as to defendant Randy Pfister via email. (tt, )

ATTORNEY Appearance for Defendant Sarah Johnson by Erik Henning Johnson (Johnson, Erik) (Entered: 11/30/2017)

SUMMONS Returned Executed by U.S. Marshals Service as to Counselor Venerble on 12/5/2017, answer due 12/26/2017. (tt, ) (Entered: 12/07/2017)

WAIVER OF SERVICE returned executed by US Marshals Service. Randy Pfister waiver sent on 10/31/2017, answer due 1/2/2018; Anna McBee waiver sent on 10/31/2017, answer due 1/2/2018; Counselor Miller waiver sent on 10/31/2017, answer due 1/2/2018. (Attachments: # 1 USM 285-Randy Pfister, # 2 Wavier-Anna McBee, # 3 USM 285-Anna McBee, # 4 Wavier-Counselor Miller, # 5 USM 285--Counselor Miller) (tt, ) (Entered: 12/19/2017)

WAIVER of service returned unexecuted by U.S. Marshals Service as to Counselor M. Piefer. (tt, ) (Entered: 12/28/2017)

ATTORNEY Appearance for Defendants Anna McBee, Miller, Randy Pfister by Erik Henning Johnson (Johnson, Erik) (Entered: 12/28/2017)

MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer regarding complaint 9 (Johnson, Erik) (Entered: 01/02/2018)

NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 20 before Honorable Thomas M. Durkin on 1/10/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/02/2018)

MINUTE entry before the Honorable Thomas M. Durkin:Defendants' motion for extension of time to 1/31/2018 to answer or otherwise plead 20 is granted. No appearance is required on 1/10/2018. Mailed notice (srn, ) (Entered: 01/08/2018)

SUMMONS Returned Unexecuted by U.S. Marshals Service as to Sangster. (tt, ) (Entered: 01/10/2018)

RETURN by U.S. Marshal Service regarding summons: The U.S. Marshal Service is unable to execute services without the USM 285 form. (jjr, ) (Entered: 01/31/2018)

MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer (Johnson, Erik) (Entered: 01/31/2018)

NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 24 before Honorable Thomas M. Durkin on 2/8/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/31/2018)

MINUTE entry before the Honorable Thomas M. Durkin:Defendants' second motion for extension of time to 2/16/2018 to answer or otherwise plead 24 is granted. No appearance is required on 2/8/2018. Mailed notice (srn, ) (Entered: 02/05/2018)

ATTORNEY Appearance for Defendant Venerble by Erik Henning Johnson (Johnson, Erik) (Entered: 02/15/2018)

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble (Johnson, Erik) (Entered: 02/16/2018)

NOTICE of Motion by Erik Henning Johnson for presentment of Motion to Dismiss for Failure to State a Claim 29 before Honorable Thomas M. Durkin on 2/21/2018 at 09:00 AM. (Johnson, Erik) (Entered: 02/16/2018)

ANSWER to Complaint with Jury Demand by Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble(Johnson, Erik) (Entered: 02/16/2018)

ORDER: The Court sets the following briefing schedule for Defendants' motion to dismiss 29 . Plaintiff's response is due April 9, 2018. Defendants' reply is due May 9, 2018. While the motion to dismiss is being briefed and considered, Defendants are directed to identify, if they are able, the correct names of the parties for whom summonses returned unexecuted (Pfeifer, Sangster, Teijt). Defendants should notify the Court of the results of their efforts within 28 days. If the proper names of those parties are identified, Defendants should provide those names to Plaintiff. Signed by the Honorable Thomas M. Durkin on 2/20/2018. Mailed notice (tt, ) (Entered: 02/20/2018)

MINUTE entry before the Honorable Thomas M. Durkin:The 2/21/2018 notice motion date is stricken.Mailed notice (srn, ) (Entered: 02/20/2018)

MOTION by Plaintiff William Richard to reconsider appointment of counsel. (Envelope postmarked 3/5/18) (Received for docketing on 3/12/18) (tt, ) (Entered: 03/12/2018)

ORDER: Plaintiff's current motion seeking the recruitment of counsel 34 is denied. This case is still in its early stages, not all Defendants have been served and, given the pending motion to dismiss, it appears that the parties have engaged in little to no discovery. There does not appear to be a need for counsel at this time. See Romanelli v. Suliene, 615 F.3d 847, 851-52 (7th Cir. 2010). At present, Plaintiff must respond to Defendants' motion to dismiss. With respect to Defendants' argument that Plaintiff's Americans with Disabilities Act ("ADA") claim should be dismissed, the issue is essentially a technical one about whether ADA claims can be brought against Defendants in their individual capacities or in federal court. Defendants do not seek dismissal of Plaintiff's claims under the Rehabilitation Act, which allows the same type of relief as the ADA. Even if the ADA claims are dismissed, Plaintiff will still have his Rehabilitation Act claims, which provide the same opportunity for relief. Jaros v. Illinois Dept. of Corrections, 684 F.3d 667, 672 (7th Cir. 2012) (ADA claim was dismissed where a prisoner asserted both ADA and Rehabilitation Act claims, but he could "have but one recovery"). As to Plaintiff's Eighth Amendment claims, he should address how each Defendant was personally involved in depriving him of his basic needs. Kuhn v. Goodlow, 678 F.3d 552, 556 (7th Cir. 2012) ("an individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation"). To assist Plaintiff, the Court extends the due date of his response to May 2, 2018. Defendants' reply is due May 18, 2018. Signed by the Honorable Thomas M. Durkin on 4/2/2018. Mailed notice. (kp, ) (Entered: 04/02/2018)

LETTER from William Richard dated 4/25/18. (Envelope postmarked 4/26/18) (Received for docketing on 5/2/18) (tt, ) (Entered: 05/02/2018)

ATTORNEY Appearance for Plaintiff William Richard by Amanda C Antholt (Antholt, Amanda) (Entered: 06/13/2018)

ATTORNEY Appearance for Plaintiff William Richard by Samantha Reed (Reed, Samantha) (Entered: 06/13/2018)

MOTION by Plaintiff William Richard for leave to file an Amended Complaint (Reed, Samantha) (Entered: 06/13/2018)

NOTICE of Motion by Samantha Reed for presentment of motion for leave to file 39 before Honorable Thomas M. Durkin on 6/20/2018 at 09:00 AM. (Reed, Samantha) (Entered: 06/13/2018)

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's unopposed motion for leave to file an amended complaint on or before 7/6/2018 39 is granted. No appearance is required on 6/20/2018. Mailed notice (srn, ) (Entered: 06/14/2018)

ORDER: Defendants' motion to dismiss Plaintiff's original complaint 29 is denied without prejudice. The Court recently granted Plaintiff's request to file an amended complaint. Defendants may reassert their arguments with respect to the amended complaint, if applicable, or resubmit their motion if no amended complaint is filed. Signed by the Honorable Thomas M. Durkin on 6/15/2018. Mailed notice (tt, ) (Entered: 06/15/2018)

WITHDRAWING Erik Henning Johnson as counsel for Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble and substituting Stephanie Ann Kevil as counsel of record (Kevil, Stephanie) (Entered: 07/03/2018)

AMENDED complaint by William Richard against Randy Pfister, John R. Baldwin, Ricardo Tejeda and terminating Miller (Counselor), M. Piefer (Counselor), Sangster (LPN), Teijte (Asst. Warden), Venerble (Counselor), Sarah Johnson and Anna McBee (CCII Grievance Officer) (Attachments: # 1 Exhibit)(Antholt, Amanda) (Entered: 07/06/2018)

1 Exhibit

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MOTION by Defendant Randy Pfister for extension of time to file answer or Otherwise Plead (Kevil, Stephanie) (Entered: 08/31/2018)

NOTICE of Motion by Stephanie Ann Kevil for presentment of motion for extension of time to file answer 45 before Honorable Thomas M. Durkin on 9/10/2018 at 09:00 AM. (Kevil, Stephanie) (Entered: 08/31/2018)

MINUTE entry before the Honorable Thomas M. Durkin:Defendant Pfister's motion for extension of time to 9/17/2018 to answer or otherwise plead 45 is granted. No appearance is required on 9/10/2018. Mailed notice (srn, ) (Entered: 09/06/2018)

SUMMONS Issued as to Defendants John R. Baldwin, Ricardo Tejeda (tg, )

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Randy Pfister (Kevil, Stephanie) (Entered: 09/14/2018)

NOTICE of Motion by Stephanie Ann Kevil for presentment of Motion to Dismiss for Failure to State a Claim 48 before Honorable Thomas M. Durkin on 9/20/2018 at 09:00 AM. (Kevil, Stephanie) (Entered: 09/14/2018)

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 9/20/2018. Plaintiff's response to defendants' motion to dismiss 48 is due by 10/22/2018. Defendants' reply is due by 11/5/2018. Status hearing set for 1/28/2019 at 09:00 AM. Fact discovery ordered closed by 3/29/2019. Leave is granted to take the deposition of the incarcerated plaintiff. Mailed notice (srn, ) (Entered: 09/20/2018)

ATTORNEY Appearance for Defendant John R. Baldwin by Stephanie Ann Kevil (Kevil, Stephanie) (Entered: 10/09/2018)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John R. Baldwin (Kevil, Stephanie) (Entered: 10/11/2018)

NOTICE of Motion by Stephanie Ann Kevil for presentment of Motion to Dismiss for Failure to State a Claim 52 before Honorable Thomas M. Durkin on 10/22/2018 at 09:00 AM. (Kevil, Stephanie) (Entered: 10/11/2018)

MINUTE entry before the Honorable Thomas M. Durkin:The 10/22/2018 notice motion date is vacated as a briefing schedule has already been set.Mailed notice (srn, ) (Entered: 10/18/2018)

RESPONSE by William Richardin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John R. Baldwin 52, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Randy Pfister 48 (Reed, Samantha) (Entered: 10/22/2018)

REPLY by Defendants John R. Baldwin, Randy Pfister to response in opposition to motion, 55 (Kevil, Stephanie) (Entered: 11/05/2018)

ATTORNEY Appearance for Defendants John R. Baldwin, Randy Pfister by Benjamin Charles Rolland Lockyer (Attachments: # 1 Certificate of Service)(Lockyer, Benjamin) (Entered: 11/30/2018)

ATTORNEY Appearance for Defendant Ricardo Tejeda by Stephanie Ann Kevil (Kevil, Stephanie) (Entered: 12/03/2018)

ANSWER to amended complaint by Ricardo Tejeda(Kevil, Stephanie) (Entered: 12/14/2018)

MEMORANDUM Opinion and Order; For the foregoing reasons, Defendants' motions to dismiss Counts III and IV, R. 48 and R. 52 , are denied. Signed by the Honorable Thomas M. Durkin on 12/17/2018:Mailed notice(srn, )

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 1/28/2019. Discovery ordered closed by 5/31/2019. Status hearing set for 4/1/2019 at 09:00 AM.Mailed notice (srn, ) (Entered: 01/28/2019)

MOTION by Defendants John R. Baldwin, Randy Pfister, Randy Tajeda for protective order AGREED, HIPAA QUALIFIED (Kevil, Stephanie) (Entered: 01/28/2019)

NOTICE of Motion by Stephanie Ann Kevil for presentment of motion for protective order 62 before Honorable Thomas M. Durkin on 2/4/2019 at 09:00 AM. (Kevil, Stephanie) (Entered: 01/28/2019)

PROTECTIVE Order Pursuant to HIPAA. Defendant's agreed motion for protective order 62 is granted. No appearance is required on 2/4/2019. Signed by the Honorable Thomas M. Durkin on 1/29/2019:Mailed notice(srn, ) (Entered: 01/29/2019)

MOTION by Plaintiff William Richard for protective order Confidentiality Order (Attachments: # 1 Text of Proposed Order)(Reed, Samantha) (Entered: 01/29/2019)

NOTICE of Motion by Samantha Reed for presentment of motion for protective order 65 before Honorable Thomas M. Durkin on 2/6/2019 at 09:00 AM. (Reed, Samantha) (Entered: 01/29/2019)

RESPONSE by Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda to motion for protective order 65 (Kevil, Stephanie) (Entered: 02/05/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for protective order 65 is denied without prejudice for the reasons stated orally in open court. Motion hearing held on 2/6/2019. Mailed notice (srn, ) (Entered: 02/06/2019)

MOTION by Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda for protective order Agree Motion for Confidentiality Order (Lockyer, Benjamin) (Entered: 03/01/2019)

CONFIDENTIALITY Order. Defendants' agreed motion for protective order 69 is granted. Signed by the Honorable Thomas M. Durkin on 3/4/2019:Mailed notice(srn, ) (Entered: 03/04/2019)

MOTION by Defendants John R. Baldwin, Randy Pfister to file instanter (Attachments: # 1 Exhibit A)(Kevil, Stephanie) (Entered: 03/08/2019)

NOTICE of Motion by Stephanie Ann Kevil for presentment of motion to file instanter 71 before Honorable Thomas M. Durkin on 3/18/2019 at 09:00 AM. (Kevil, Stephanie) (Entered: 03/08/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Defendants' motion for leave to file their answer instanter 71 is granted. No appearance is required on 3/18/2019. Mailed notice (srn, ) (Entered: 03/14/2019)

ANSWER to amended complaint by John R. Baldwin, Randy Pfister(Kevil, Stephanie) (Entered: 03/14/2019)

MOTION by Plaintiff William Richard to compel Defendants to Produce Outstanding Discovery and Compel Inspection of NRC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Reed, Samantha) (Entered: 03/18/2019)

NOTICE of Motion by Samantha Reed for presentment of motion to compel 75 before Honorable Thomas M. Durkin on 4/2/2019 at 09:00 AM. (Reed, Samantha) (Entered: 03/18/2019)

MINUTE entry before the Honorable Thomas M. Durkin: The 4/1/2019 status hearing is vacated and reset for 4/2/2019 at 09:00 AM.Mailed notice (srn, ) (Entered: 03/20/2019)

MINUTE entry before the Honorable Thomas M. Durkin:On joint request from counsel plaintiff's motion to compel and the status hearing is reset for 4/3/2019 at 09:00 AM. The 4/2/2019 date is stricken. Mailed notice (srn, ) (Entered: 03/20/2019)

MOTION by Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda for leave to file Motion for Summary Judgment, MOTION by Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda to stay Discovery (Kevil, Stephanie) (Entered: 03/29/2019)

NOTICE of Motion by Stephanie Ann Kevil for presentment of (Kevil, Stephanie) (Entered: 03/29/2019)

RESPONSE by John R. Baldwin, Randy Pfister, Ricardo Tejedain Opposition to MOTION by Plaintiff William Richard to compel Defendants to Produce Outstanding Discovery and Compel Inspection of NRC 75 (Kevil, Stephanie) (Entered: 04/01/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion to compel 75 is granted in part and denied in part in accordance with this Court's oral ruling. Defendants' motion for leave to file a summary judgment motion and to stay discovery 79 is denied without prejudice. Status hearing held on 4/3/2019. Plaintiff is to make a settlement demand by 4/17/2019. Status hearing set for 5/1/2019 at 09:00 AM.Mailed notice (srn, ) (Entered: 04/03/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 5/1/2019. Discovery ordered closed by 6/10/2019. Status hearing set for 6/10/2019 at 09:00 AM.Mailed notice (srn, ) (Entered: 05/01/2019)

MOTION by Plaintiff William Richard to compel Defendants to Produce Outstanding Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Reed, Samantha) (Entered: 05/08/2019)

NOTICE of Motion by Samantha Reed for presentment of motion to compel 84 before Honorable Thomas M. Durkin on 5/14/2019 at 09:00 AM. (Reed, Samantha) (Entered: 05/08/2019)

MINUTE entry before the Honorable Thomas M. Durkin:By agreement of the parties, plaintiff's motion to compel 84 is reset for 5/16/2019 at 09:00 AM. The 5/14/2019 presentment date is stricken. Mailed notice (srn, ) (Entered: 05/09/2019)

RESPONSE by John R. Baldwin, Randy Pfister, Ricardo Tejeda to MOTION by Plaintiff William Richard to compel Defendants to Produce Outstanding Discovery 84 (Robinson, James) (Entered: 05/15/2019)

ATTORNEY Appearance for Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda by James Robinson (Robinson, James) (Entered: 05/15/2019)

WITHDRAWING Stephanie Ann Kevil as counsel for Defendants John R. Baldwin, Randy Pfister, Ricardo Tejeda and substituting James Robinson as counsel of record (Robinson, James) (Entered: 05/15/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion to compel 84 is granted. The deadline for plaintiff's first request for ESI is 5/29/2019. Plaintiff's second and third ESI request by 6/19/2019. All remaining notice depositions by 8/1/2019. Motion hearing held on 5/16/2019. Discovery ordered closed by 8/7/2019. The 6/10/2019 status hearing is vacated and reset for 8/7/2019 at 09:00 AM.Mailed notice (srn, ) (Entered: 05/16/2019)

MOTION by Plaintiff William Richard for leave to file Second Amended Complaint (Attachments: # 1 Exhibit Redlined Amended Complaint)(Reed, Samantha) (Entered: 07/31/2019)

NOTICE of Motion by Samantha Reed for presentment of motion for leave to file 91 before Honorable Thomas M. Durkin on 8/7/2019 at 09:00 AM. (Reed, Samantha) (Entered: 07/31/2019)

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for leave to file a second amended complaint 91 is granted.Mailed notice (srn, ) (Entered: 08/02/2019)