Case: Turner v. Wetzel

Pennsylvania state trial court

Turner v. Correction Care Solution

U.S. Court of Appeals for the Third Circuit

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

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

NOTICE OF REMOVAL by Jay Cowan, Carl Keldie from Schuylkill County Court, case number S-89-18. (Filing fee $ 400 receipt number 4336719), filed by Jay Cowan, Carl Keldie. (Attachments: # 1 Exhibit A - complaint, # 2 Exhibit B - docket sheet, # 3 Exhibit C - Notice of Filing Removal, # 4 Civil Cover Sheet)(lg) (Entered: 02/13/2018)

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NOTICE of Appearance by Meghan K Adkins on behalf of Correction Care Solution, Jay Cowan, Carl Keldie (Adkins, Meghan) (Entered: 02/14/2018)

MOTION for Extension of Time to Respond to Complaint by Correction Care Solution, Jay Cowan, Carl Keldie. (Attachments: # 1 Proposed Order)(Foreman, Samuel) (Entered: 02/14/2018)

ORDER granting 3 Motion to Extend Time to respond to complaint. Defendants Correction Care SOlution, Carl Keldie, Dr. Jay Cowan- answer due 4/10/18Signed by Magistrate Judge Joseph F. Saporito, Jr on 2/15/18 (ms) (Entered: 02/15/2018)

MOTION to Amend Jurisdiction by William D. Turner. (Attachments: # 1 Pendent Jurisdiction)(ga) (Entered: 03/01/2018)

First MOTION for Extension of Time to To file an Answer to the Complaint by Ms. Chda, Correction Care Solution, Ms. Kuras, Ma Kuren, Paul Noal, Sharon Selbi, Joseph Silva, John E. Wetzel.(Gallagher, Daniel) (Entered: 03/20/2018)

ORDER granting 6 Motion to Extend Time. DOC Defendants shall answer the complaint on or by 4/16/18. Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/21/18 (ms) (Entered: 03/21/2018)

REQUEST for copy of dockt sheet by William D. Turner. (lh) (Entered: 04/09/2018)

COUNTY COURT RECORD from Schuylkill. (lh) (Entered: 04/09/2018)

MOTION to Dismiss by Correction Care Solution, Jay Cowan, Carl Keldie. (Attachments: # 1 Proposed Order)(Adkins, Meghan) (Entered: 04/10/2018)

BRIEF IN SUPPORT re 10 MOTION to Dismiss filed by Correction Care Solution, Jay Cowan, Carl Keldie.(Adkins, Meghan) (Entered: 04/10/2018)

MOTION to Compel by William D. Turner.(ga) (Entered: 04/12/2018)

BRIEF IN SUPPORT re 12 MOTION to Compel filed by William D. Turner.(ga) (Entered: 04/12/2018)

ANSWER to Complaint and Affirmative Defenses by Ms. Chda, Ms. Kuras, Paul Noal, Sharon Selbi, Joseph Silva, John E. Wetzel.(Gallagher, Daniel) (Entered: 04/16/2018)

MEMORANDUM OF LAW in opposition to Doc. 10 Motion to Dismiss by Defendants by William D. Turner. (ga) Modified on 4/30/2018 (ms). (Entered: 04/26/2018)

BRIEF IN OPPOSITION re 12 MOTION to Compel filed by Ms. Chda, Ms. Kuras, Paul Noal, Sharon Selbi, Joseph Silva, John E. Wetzel. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Gallagher, Daniel) (Entered: 04/26/2018)

RESPONSE by Correction Care Solution, Jay Cowan, Carl Keldie to 12 MOTION to Compel . (Adkins, Meghan) (Entered: 04/30/2018)

MOTION to Stay Discovery by Correction Care Solution, Jay Cowan, Carl Keldie. (Attachments: # 1 Proposed Order)(Adkins, Meghan) (Entered: 04/30/2018)

REQUEST for A Copy of his Docket Sheet (Copy sent on 8/8/18) by William D. Turner. (ga) (Entered: 08/08/2018)

Document filed, Entitled: New Mail Process by William D. Turner.. (ga) (Entered: 09/24/2018)

ORDER granting 18 Motion to Stay Discovery pending disposition of defendant's motion to dismiss.Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/25/18 (ms) (Entered: 09/25/2018)

Letter from William Turner re: status of Defendants' 56 Motion. (lh) (Entered: 11/05/2018)

MOTION to Amend/Correct 1 Notice of Removal, by William D. Turner. (Attachments: # 1 Proposed Amended Complaint, # 2 Cover Letter)(bg) (Entered: 11/16/2018)

BRIEF IN SUPPORT re 23 MOTION to Amend/Correct 1 Notice of Removal, filed by William D. Turner.(bg) (Entered: 11/16/2018)

U.S. MARSHAL - 285 Service Form Completed by Plaintiff. (bg) (Entered: 11/16/2018)

REQUEST for Status of Case and Copy of Docket Sheet (sent on 12/20/18) by William D. Turner. (ga) (Entered: 12/20/2018)

ORDER denying as moot 5 Motion to Amend/Correct Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/21/18 (ms) (Entered: 12/21/2018)

ORDER denying 23 Motion to Amend/Correct without prejudice as futileSigned by Magistrate Judge Joseph F. Saporito, Jr on 12/21/18 (ms) (Entered: 12/21/2018)

Letter from William D. Turner, Re: Pa Institutional Law Project (ga) (Entered: 12/26/2018)

REPORT AND RECOMMENDATIONS re 10 MOTION to Dismiss filed by Jay Cowan, Carl Keldie, Correction Care Solution.For the foregoing reasons, it is recommended that:1.The Medical Defendants motion to dismiss (Doc. 10) be GRANTED in part and DENIED in part;2.The plaintiffs federal civil rights claims, brought under 42 U.S.C. § 1983, against defendants Dr. Carl Keldie, Dr. Jay Cowan, and Correct Care Solutions, LLC, be DISMISSED;3.The plaintiffs state-law professional negligence claims against Dr. Carl Keldie, Dr. Jay Cowan, and Correct Care Solutions, LLC, be permitted to proceed to discovery; and4.The plaintiff be granted leave to file an amended complaint addressing any pleading deficiencies with respect to the dismissed claims within a specified time period after partial dismissal. Objections to R&R due by 1/14/2019Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/28/18. (ms) (Entered: 12/28/2018)

ORDER granting in part and denying in part 12 Motion to Compel. Stay of discovery imposed by our Order of 4/12/18 (Doc. 21) is MODIFIED as outlined in Order. See Order for complete details. Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/28/18 (ms) (Entered: 12/28/2018)

MOTION to Alter Judgment of December 21, 2018 by William D. Turner.(ga) (Entered: 01/04/2019)

LETTER/BRIEF IN SUPPORT re 32 MOTION to Alter Judgment filed by William D. Turner.(ga) (Entered: 01/04/2019)

ORDER denying 32 Motion to Alter Judgment Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/9/19 (ms) (Entered: 01/07/2019)

OBJECTION to 30 Report and Recommendations. (ga) (Entered: 01/11/2019)

Letter/Brief in Support of Objections to Report and Recommendation from William D. Turner (ga) (Entered: 01/11/2019)

PROPOSED DOCUMENT re: PROPOSED Amended Complaint, filed by William D. Turner (ga) (Entered: 01/15/2019)

MOTION for Leave to File Amended Complaint by William D. Turner. (Attachments: # 1 Amended Complaint)(ga) (Entered: 01/23/2019)

Letter/Brief from William D. Turner (ga) (Entered: 01/23/2019)

U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (ga) (Entered: 01/23/2019)

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 30 Report and Recommendation is adopted in its entirety; 10 Motion to Dismiss is granted in part and denied in part; Turner may amend his complaint within 28 days of the date of this order; 38 Turner's motion for leave to file an amended complaint is denied as moot; case is remanded back to Magistrate Saporito for further proceedings. Carl Keldie, Correction Care Solution and Jay Cowan terminated. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 2/7/19. (lg) (Entered: 02/07/2019)

ORDER -the medical defendants shall serve a responsive pleading or motion within 14 days after service of plaintiff's timely amended complaint; or in the absence of a timely amended complaint, medical defendants shall serve a responsive pleading to the original complaint within 14 days after expiration of the time allowed for plaintiff to file an amended complaint.Signed by Magistrate Judge Joseph F. Saporito, Jr on 2/8/19. (ms) (Entered: 02/08/2019)

MOTION for Injunction by William D. Turner.(bg) (Entered: 02/11/2019)

BRIEF IN SUPPORT re 43 MOTION for Injunction filed by William D. Turner.(bg) (Entered: 02/11/2019)

AFFIDAVIT re 43 MOTION for Injunction filed by William D. Turner. (bg) (Entered: 02/11/2019)

AMENDED COMPLAINT against All Defendants, filed by William D. Turner.(ga) (Entered: 02/19/2019)

AFFIDAVIT of Verification filed by William D. Turner of Affiant William D. Turner. (ga) (Entered: 02/19/2019)

BRIEF IN OPPOSITION re 43 MOTION Injunction filed by Ms. Chda, Ms. Kuras, Ma Kuren, Paul Noal, Sharon Selbi, Joseph Silva, The Doc's Hepatitis C Committee, John E. Wetzel. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F)(Gallagher, Daniel) (Entered: 02/25/2019)

BRIEF IN OPPOSITION re 43 MOTION Injunction filed by Correction Care Solution, Jay Cowan, Carl Keldie.(Foreman, Samuel) (Entered: 02/27/2019)

Joint MOTION for Extension of Time to Respond to Amended Complaint by Correction Care Solution, Jay Cowan, Carl Keldie. (Attachments: # 1 Proposed Order)(Adkins, Meghan) (Entered: 03/04/2019)

ORDER granting 50 Motion to Extend Time to Respond to Amended Complaint. Defendants shall respond or otherwise plead to the Amended Complaint on or before March 12, 2019. Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/6/19 (ga) (Entered: 03/06/2019)

REPLY BRIEF re 43 MOTION Injunction filed by William D. Turner.(bg) (Entered: 03/11/2019)

MOTION to Dismiss Amended Complaint by Correction Care Solution, Jay Cowan, Tony Ianuzzy, Carl Keldie, Haresh Pandya. (Attachments: # 1 Proposed Order)(Adkins, Meghan) (Entered: 03/12/2019)

BRIEF IN SUPPORT re 53 MOTION to Dismiss Amended Complaint filed by Correction Care Solution, Jay Cowan, Tony Ianuzzy, Carl Keldie, Haresh Pandya.(Adkins, Meghan) (Entered: 03/12/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ms. Chda, Ms. Kuras, Ma Kuren, Paul Noal, Sharon Selbi, Joseph Silva, The Doc's Hepatitis C Committee, John E. Wetzel. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Gallagher, Daniel) (Entered: 03/12/2019)

Brief In Opposition To Doc. 53 Medical Defendants' Motion to Dismiss by William D. Turner. (Attachments: # 1 Proposed Order)(ga) Modified on 3/26/2019 (ms). (Entered: 03/25/2019)

BRIEF IN SUPPORT re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ms. Kuras, Paul Noal, Sharon Selbi, Joseph Silva, John E. Wetzel.(Gallagher, Daniel) (Entered: 03/26/2019)

MEMORANDUM OF LAW by William D. Turner IN OPP. TO DFTS' re 53 MOTION to Dismiss Amended Complaint. (cl) (Entered: 03/29/2019)

Letter by William D. Turner re Brief. (bg) (Entered: 04/02/2019)

ORDER re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sharon Selbi, Paul Noal, Ms. Chda, Ma Kuren, Joseph Silva, John E. Wetzel, The Doc's Hepatitis C Committee, Ms. Kuras. Plaintiff shall file a brief in opposition to Doc. 55 motion to dismiss within 10 days of date of this Order or motion will be deemed unopposed. Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/15/19. (ms) (Entered: 04/15/2019)

BRIEF IN OPPOSITION re 55 MOTION to Dismiss Amended Complaint filed by William D. Turner.(ga) Modified on 4/16/2019 (ms). (Entered: 04/15/2019)

MOTION to Withdraw Injunction For Treatment of Hepatitis C by William D. Turner.(ga) (Entered: 04/16/2019)

ORDER - The plaintiff's "Motion to Withdraw Injunction" (Doc. 62) is GRANTED. The plaintiff's "Motion for Injunction" (Doc. 43) is deemed WITHDRAWN.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/17/19 (ga) (Entered: 04/17/2019)

BRIEF IN OPPOSITION re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William D. Turner.(ga) (Entered: 04/25/2019)

REQUEST for Update on Case (Docket sheet sent on 6/28/19) by William D. Turner. (ga) (Entered: 06/28/2019)

NOTICE of Appearance by Benjamin M. Lombard on behalf of Correction Care Solution, Jay Cowan, Tony Ianuzzy, Carl Keldie, Haresh Pandya (Lombard, Benjamin) (Entered: 09/25/2019)

MOTION to Compel by William D. Turner.(ga) (Entered: 10/24/2019)

BRIEF IN SUPPORT re 67 MOTION to Compel filed by William D. Turner.(ga) (Entered: 10/24/2019)

ORDER re 67 MOTION to Compel filed by William D. Turner - defendants shall file a response to Doc. 67 motion within 10 days of date of this Order.Signed by Magistrate Judge Joseph F. Saporito, Jr on 11/13/19. (ms) (Entered: 11/13/2019)

BRIEF IN OPPOSITION re 67 MOTION to Compel filed by Ms. Chda, Ms. Kuras, Ma Kuren, Paul Noal, Sharon Selbi, Joseph Silva, The Doc's Hepatitis C Committee, John E. Wetzel. (Attachments: # 1 Exhibit(s) Answers to Interrogatories)(Gallagher, Daniel) (Entered: 11/25/2019)

REPLY BRIEF "Motion in Respond to Defendants' Brief in Opposition for Motion to Compel" re 67 MOTION to Compel filed by William D. Turner.(ga) (Entered: 12/12/2019)

BRIEF IN SUPPORT re 67 MOTION to Compel filed by William D. Turner.(ga) (Entered: 12/12/2019)

MOTION for Leave to File Rebuttal Brief Pursuant to Local Rule 7.7 by Karen Holly, Ms. Kuras, Paul Noal, Sharon Selbi, Joseph Silva, The Doc's Hepatitis C Committee, John E. Wetzel. (Attachments: # 1 Proposed Order)(Gallagher, Daniel) (Entered: 12/12/2019)

ORDER denying 67 Motion to Compel; finding as moot 73 Motion for Leave to File - see order for complete details.Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/13/19 (ms) (Entered: 12/13/2019)

REPORT AND RECOMMENDATIONS re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sharon Selbi, Paul Noal, Ms. Chda, Ma Kuren, Joseph Silva, John E. Wetzel, The Doc's Hepatitis C Committee, Ms. Kuras, 53 MOTION to Dismiss Amended Complaint filed by Haresh Pandya, Tony Ianuzzy, Jay Cowan, Carl Keldie, Correction Care Solution. Objections to R&R due by 1/27/2020 (SEE ORDER FOR COMPLETE DETAILS)Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/13/19. (ga) (Entered: 01/13/2020)

OBJECTION to 75 Report and Recommendations. (ga) (Entered: 01/27/2020)

Brief in Support to Objections to Report and Recommendation by William D. Turner. 76 Objection to Report and Recommendations. (ga) (Entered: 01/27/2020)

BRIEF IN OPPOSITION re 76 OBJECTIONS TO AND RECOMMENDATIONS re 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sharon Selbi, Paul Noal, Ms. Chda, Ma Kuren, Joseph Silva, John E. Wetzel, The Doc's Hepatitis C Committee, Ms. Kuras, 53 MOTION to D filed by Karen Holly, Ms. Kuras, Paul Noal, Sharon Selbi, Joseph Silva, The Doc's Hepatitis C Committee, John E. Wetzel.(Gallagher, Daniel) Modified on 2/12/2020 (lg). (Entered: 02/10/2020)

ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REFERRING CASE TO MAGISTRATE - IT IS HEREBY ORDERED that 75 Magistrate Judge Saporito's Report and Recommendation is adopted in part and rejected in part; 53 Motion to Dismiss and 55 Motion to Dismiss are granted in part and denied in part; the matter is remanded to Magistrate Judge Saporito for further proceedings. (See order for further/complete details) Signed by Honorable Matthew W. Brann on 3/18/2020. (lg) (Entered: 03/18/2020)

REQUEST dtd 3/18/20 for copy of docket sheet by William D. Turner. (ao) (Entered: 03/30/2020)

DOCKET ANNOTATION: Docket sheet mailed to Pltf William Turner. (ao)

ANSWER to 46 Amended Complaint by Correction Care Solution, Tony Ianuzzy, Haresh Pandya.(Adkins, Meghan) (Entered: 04/01/2020)

SCHEDULING ORDER: Discovery due by 6/1/2020. Motions due by 7/1/2020.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/7/20. (ms) (Entered: 04/07/2020)

MOTION to Appoint Counsel by William D. Turner.(ao) (Entered: 05/01/2020)

[STRICKEN FROM THE RECORD PER DOC. 86 ORDER] REQUEST for DISCOVERY by William D. Turner. (ao) Modified on 6/16/2020 (ms). (Entered: 05/01/2020)

ORDER re 83 MOTION to Appoint Counsel filed by William D. Turner; DEFERRING ruling on motion to permit plaintiff to seek leave to proceed in forma pauperis and directing Clerk to provide plaintiff with necessary forms. Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/16/20. (Attachments: # 1 in forma pauperis application)(ms) (Entered: 06/16/2020)

ORDER re 84 Request filed by William D. Turner - STRIKING FROM THE RECORDSigned by Magistrate Judge Joseph F. Saporito, Jr on 6/16/20. (ms) (Entered: 06/16/2020)

MOTION for Extension of Time to Complete Discovery and File Case Dispositive Motions by Correction Care Solution, Tony Ianuzzy, Haresh Pandya. (Attachments: # 1 Proposed Order)(Adkins, Meghan) (Entered: 06/30/2020)

MOTION for Extension of Time to File a Motion for Summary Judgment by Correction Care Solution, Ma Kuren, Haresh Pandya.(Gallagher, Daniel) (Entered: 06/30/2020)

ORDER granting 87 Motion for Extension of Time to Complete Discovery; granting 88 Motion for Extension of Time to File Discovery due by 7/31/2020. Motions due by 8/31/2021.Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/7/20 (ms) (Entered: 07/07/2020)

MOTION to Compel to answer intorrogatories, production of documents and admissions by William D. Turner.(ao) (Entered: 07/09/2020)

BRIEF IN SUPPORT re 90 MOTION to Compel filed by William D. Turner.(ao) (Entered: 07/09/2020)

INTERROGATORIES filed by Pltf(ao) (Entered: 07/09/2020)

REQUEST for Production of Documents by William D. Turner.(ao) (Entered: 07/09/2020)

BRIEF IN OPPOSITION re 90 MOTION to Compel filed by Correction Care Solution, Tony Ianuzzy, Haresh Pandya.(Adkins, Meghan) (Entered: 07/23/2020)

MOTION for Summary Judgment by Correction Care Solution, Tony Ianuzzy, Haresh Pandya. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) A)(Lombard, Benjamin) (Entered: 08/31/2020)

STATEMENT OF FACTS re 95 MOTION for Summary Judgment filed by Correction Care Solution, Tony Ianuzzy, Haresh Pandya.(Lombard, Benjamin) (Entered: 08/31/2020)

MOTION to Exceed Page Limitation of Defendants' Brief in Support of their Motion for Summary Judgment (ECF No. 95) by Correction Care Solution, Tony Ianuzzy, Haresh Pandya. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Proposed Brief)(Lombard, Benjamin) (Entered: 08/31/2020)

MOTION for Summary Judgment by Ma Kuren. (Attachments: # 1 Proposed Order)(Gallagher, Daniel) (Entered: 08/31/2020)

STATEMENT OF FACTS re 98 MOTION for Summary Judgment filed by Ma Kuren. (Attachments: # 1 Exhibit(s) Exhibits A-B)(Gallagher, Daniel) (Entered: 08/31/2020)