Case: Samuel v. Centene Corporation

1:23-cv-01134 | U.S. District Court for the District of Delaware

Filed Date: Oct. 11, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action about alleged violations of prisoners’ constitutional rights under the Eighth and Fourteenth Amendments.  On October 11, 2023, the American Civil Liberties Union (ACLU), representing a class of incarcerated persons whose medical needs were delayed or denied in Delaware Corrections Facilities, filed this class action lawsuit in the United States District Court of Delaware. The plaintiff alleged they were prevented from seeing medical specialists and that medication was wit…

This is a class action about alleged violations of prisoners’ constitutional rights under the Eighth and Fourteenth Amendments. 

On October 11, 2023, the American Civil Liberties Union (ACLU), representing a class of incarcerated persons whose medical needs were delayed or denied in Delaware Corrections Facilities, filed this class action lawsuit in the United States District Court of Delaware. The plaintiff alleged they were prevented from seeing medical specialists and that medication was withheld as a form of punishment. The plaintiff sued two sets of defendants (government and corporate), seeking all available remedies, including but not limited to, an injunction and damages. The injunction requested the court enjoin the defendants from delays and denials of treatment, and that the court prohibit the use of for-profit companies to provide correctional health care services. The governmental defendants included current and former employees of the Delaware Department of Corrections: the acting commissioner, former commissioners, medical director, and bureau chief. The corporate defendants included the former and current healthcare providers for the Delaware Department of Corrections: Centene Corporation, Centurion of Delaware, and VitalCore Health Strategies. For Count I, this lawsuit was brought under 42 U.S.C. §1983 for violations of the plaintiffs’ Eighth and Fourteenth Amendment rights. For Count II, the plaintiffs alleged that the defendants’ negligent hiring, supervision, and retention violated their constitutional rights, but did not specify further. District Judge Richards G. Andrews originally presided over this case.

On December 11, 2023, separate motions to dismiss were filed by Defendants VitalCore, Centurion, and Centene. In its motion to dismiss, Defendant VitalCore argued that the complaint was a “shotgun pleading” that did not distinguish the claims for each defendant. It also argued that Count I failed to allege facts of Defendant VitalCore’s direct involvement or deliberate indifference resulting in concrete harm. For Count II, Defendant VitalCore alleged it is barred by the Delaware State Tort Claims Act. Defendant VitalCore alleged that the plaintiffs failed to exhaust their administrative remedies under the Prison Litigation Reform Act before filing suit. Finally, Defendant VitalCore argued it is immune to the claims because of the Eleventh Amendment.

For Defendant Centurion’s motion to dismiss, it argued that the plaintiffs had not identified a specific policy that caused the deficiencies in their medical treatment as required by 42 U.S.C. §1983. Further, the plaintiffs offered no factual allegations to support their claim of Defendant Centurion failing to investigate medical grievances. Finally, it argued the plaintiff alleged only one occasion of an unlicensed nurse being hired, and thus it was not a widespread practice of negligent hiring. Defendant Centurion also filed a motion to strike the class action arguing that their liability depended on facts specific to each class member’s medical conditions and that harm must be proven individually.

In its motion to dismiss, Defendant Centene argued that 42 U.S.C. §1983 does not  allow vicarious liability for alleged constitutional violations; as such Defendant Centene’s status as a parent company did not make it liable for alleged harm done by its subsidiary, Defendant Centurion. Further, Defendant Centene argued that federal and Delaware law respect the legal separateness of a parent company and its subsidiary.

The case was reassigned to Jennifer L. Hall on January 12, 2024. On February 9, 2024, the government defendants filed a motion to dismiss. The government defendants argued that the plaintiffs improperly grouped them together and that there are no allegations the government defendants knew about the corporate defendants’ alleged deliberate indifference. Additionally, they argued they were protected by qualified immunity.  

On March 20, 2024, Judge Hall referred the pending motions to Magistrate Judge Sherry R. Fallon. On March 29, 2024, Defendants Centene and Centurion requested an oral argument regarding their motion to dismiss. This request was granted on April 1, 2024. 

One of the plaintiffs passed away on April 21, 2024; representatives of his estate continued with this lawsuit on his behalf.

On July 26, 2024, the magistrate judge issued a report and recommendation regarding the motions to dismiss. Among the recommendations, the judge advised that Defendant Centurion’s motion to strike class allegations be denied. The magistrate judge also recommended that the defendants’ motions to dismiss be granted in part to dismiss count II and denied in all other aspects.

Both plaintiffs and defendants filed various objections to these recommendations throughout August of 2024. On September 27, 2024, the district judge issued an order overruling the objections of the plaintiffs and defendants regarding the report and recommendation. The court also adopted the recommendations of granting in part the motion to dismiss and denying Centurion’s motion to strike class allegations.

On October 11, 2024, the plaintiffs filed an amended complaint. This new complaint added representatives of the deceased plaintiff’s estate. The plaintiffs also added information about how one of the commissioners was liable for hiring and retaining the corporate defendants.

As of February 2025, this case is ongoing.

Summary Authors

Renuka Wagh (12/1/2023)

Cara Claflin (3/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67871097/parties/samuel-v-centene-corporation/

Judge(s)

Andrews, Richard Gibson (Delaware)

Attorney for Plaintiff

Bensing, Dwayne Julian (Delaware)

Burke, Susan L (Delaware)

Attorney for Defendant

Bentley, Michael J. (Delaware)

Clifton, Juliana G. (Delaware)

show all people

Documents in the Clearinghouse

Document
1

1:23-cv-01134

Class Action Complaint

Oct. 11, 2023

Oct. 11, 2023

Complaint
16

1:23-cv-01134

Order Granting Motion for Leave to Exceed Page Limitation

Nov. 21, 2023

Nov. 21, 2023

Order/Opinion
21

1:23-cv-01134

Defendant Vital Core Health Strategies' Motion to Dismiss

Dec. 11, 2023

Dec. 11, 2023

Pleading / Motion / Brief
26

1:23-cv-01134

Defendant Centurion of Delaware, LLC's Opening Brief in Support of its Motion to Dismiss

Dec. 11, 2023

Dec. 11, 2023

Pleading / Motion / Brief
22

1:23-cv-01134

Defendant VitalCore Health Strategies’ Opening Brief in Support of Its Motion to Dismiss

Dec. 11, 2023

Dec. 11, 2023

Pleading / Motion / Brief
28

1:23-cv-01134

Defendant Centene Corporation's Opening Brief in Support of its Motion to Dismiss

Dec. 11, 2023

Dec. 11, 2023

Pleading / Motion / Brief
51

1:23-cv-01134

Stipulation and Order

Jan. 22, 2024

Jan. 22, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67871097/samuel-v-centene-corporation/

Last updated Jan. 18, 2026, 3:33 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Jury Demand against Centene Corporation, Centurion of Delaware LLC, Claire M. DeMatteis, Monroe B. Hudson, Jr., Awele Maduka-Ezeh, Michael Records, Terra Taylor, VitalCore Health Strategies (Filing fee $ 402, receipt number ADEDC-4245092.) - filed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. (Attachments: # 1 Civil Cover Sheet)(jfm) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

Clearinghouse
2

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

No Summons Issued

Oct. 11, 2023

Oct. 11, 2023

No Summons Issued. (jfm)

Oct. 11, 2023

Oct. 11, 2023

Case Assigned/Reassigned

Oct. 18, 2023

Oct. 18, 2023

Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms)

Oct. 18, 2023

Oct. 18, 2023

- CORRECTING ENTRY

Oct. 26, 2023

Oct. 26, 2023

CORRECTING ENTRY: The executed summons filed on 10/26/2023, at D.I. 3 have been removed from the docket. An incorrect filing code was used to file the documents. Further, the filer indicated All Defendants were served, but the paperwork did not reflect that. Counsel is to refile each executed summons singularly and use the "Summons Returned Executed" filing code. (nms)

Oct. 26, 2023

Oct. 26, 2023

CORRECTING ENTRY: The executed summons filed on 10/26/2023, at D.I. 4 have been removed from the docket. The filer indicated All Defendants were served, but the paperwork did not reflect that. Counsel is to refile each executed summons singularly and use the "Summons Returned Executed" filing code. (nms)

Oct. 26, 2023

Oct. 26, 2023

CORRECTING ENTRY: The executed summons refiled at D.I. 3 have again been removed. Counsel will refile the each executed summons independent of any other. (nms)

Oct. 26, 2023

Oct. 26, 2023

CORRECTING ENTRY:

Oct. 26, 2023

Oct. 26, 2023

3

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Bureau Chief Michael Records served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

4

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Acting Commissioner Terra Taylor served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

5

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Former Commissioner Monroe B. Hudson, Jr. served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

6

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Medical Director Dr. Awele Maduka-Ezeh on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

7

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Former Commissioner Claire M. DeMatteis on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

8

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Centene Corporation served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

9

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. VitalCore Health Strategies served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

10

SUMMONS Returned Executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel. Centurion of Delaware, LLC served on 10/23/2023. (Burke, Susan) Modified on 11/1/2023 (nms). (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

11

NOTICE of Appearance by Andrew Ralli on behalf of VitalCore Health Strategies (Ralli, Andrew) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

Deficiency Notice - No 7.1 Statement Filed

Nov. 7, 2023

Nov. 7, 2023

DEFICIENCY NOTICE issued by the Court to Defendant VitalCore Health Strategies: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (nms)

Nov. 7, 2023

Nov. 7, 2023

12

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by VitalCore Health Strategies. (Ralli, Andrew) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

13

MOTION for Pro Hac Vice Appearance of Attorney Lindsay DeCarlo - filed by VitalCore Health Strategies. (Attachments: # 1 Attorney Certification)(Ralli, Andrew) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

14

STIPULATION and Proposed Order Extending Time - filed by VitalCore Health Strategies. (Ralli, Andrew) Modified on 11/13/2023 (nms). (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

SO ORDERED

Nov. 13, 2023

Nov. 13, 2023

SO ORDERED AND ~Util - Set/Reset Answer Deadline

Nov. 13, 2023

Nov. 13, 2023

SO ORDERED, re 13 MOTION for Pro Hac Vice Appearance of Attorney Lindsay DeCarlo, filed by VitalCore Health Strategies. Signed by Judge Richard G. Andrews on 11/13/2023. (nms)

Nov. 13, 2023

Nov. 13, 2023

SO ORDERED, re 14 STIPULATION and Proposed Order Extending Time (*Reset Answer Deadlines: VitalCore Health Strategies answer due 11/28/2023). Signed by Judge Richard G. Andrews on 11/13/2023. (nms)

Nov. 13, 2023

Nov. 13, 2023

Pro Hac Vice Attorney Lindsay DeCarlo for VitalCore Health Strategies added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)

Nov. 14, 2023

Nov. 14, 2023

Add Attorneys Pro Hac Vice

Nov. 14, 2023

Nov. 14, 2023

15

MOTION for Leave to Exceed Page Limitation - filed by VitalCore Health Strategies. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Ralli, Andrew) Modified on 11/21/2023 (nms). (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

16

ORDER Granting 15 MOTION for Leave to Exceed Page Limitation. Signed by Judge Richard G. Andrews on 11/21/2023. (nms) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

Clearinghouse
17

STIPULATION and Proposed Order Extending Time, by VitalCore Health Strategies. (Ralli, Andrew) Modified on 11/27/2023 (nms). (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

SO ORDERED AND ~Util - Set/Reset Answer Deadline

Nov. 27, 2023

Nov. 27, 2023

SO ORDERED, re 17 Stipulation and Proposed Order Extending Time (*Reset Answer Deadlines: VitalCore Health Strategies answer due 12/11/2023). Signed by Judge Richard G. Andrews on 11/27/2023. (nms)

Nov. 27, 2023

Nov. 27, 2023

SO ORDERED

Nov. 27, 2023

Nov. 27, 2023

18

STIPULATION and Order Extending Time - filed by Centene Corporation, Centurion of Delaware LLC. (Norton, Brett) Modified on 11/28/2023 (nms). (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

SO ORDERED AND ~Util - Set/Reset Answer Deadline

Nov. 28, 2023

Nov. 28, 2023

SO ORDERED, re 18 STIPULATION and Order Extending Time (*Reset Answer Deadlines: Centene Corporation answer due 12/11/2023; Centurion of Delaware LLC answer due 12/11/2023). Signed by Judge Richard G. Andrews on 11/28/2023. (nms)

Nov. 28, 2023

Nov. 28, 2023

SO ORDERED

Nov. 28, 2023

Nov. 28, 2023

19

MOTION for Pro Hac Vice Appearance of Attorney Erin D. Saltaformaggio, Esquiure - filed by Centene Corporation, Centurion of Delaware LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Counsel, # 3 Certificate of Service)(Norton, Brett) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

20

MOTION for Pro Hac Vice Appearance of Attorney Michael J. Bentley, Esquire - filed by Centene Corporation, Centurion of Delaware LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Counsel, # 3 Certificate of Service)(Norton, Brett) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

SO ORDERED

Dec. 4, 2023

Dec. 4, 2023

SO ORDERED, re 19 MOTION for Pro Hac Vice Appearance of Attorney Erin D. Saltaformaggio, Esq., filed by Centene Corporation, Centurion of Delaware LLC. Signed by Judge Richard G. Andrews on 12/4/2023. (nms)

Dec. 4, 2023

Dec. 4, 2023

SO ORDERED, re 20 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Bentley, Esq., filed by Centene Corporation, Centurion of Delaware LLC. Signed by Judge Richard G. Andrews on 12/4/2023. (nms)

Dec. 4, 2023

Dec. 4, 2023

Pro Hac Vice Attorney Michael J. Bentley,Erin D. Saltaformaggio for Centene Corporation and Centurion of Delaware LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)

Dec. 7, 2023

Dec. 7, 2023

Add Attorneys Pro Hac Vice

Dec. 7, 2023

Dec. 7, 2023

21

MOTION to Dismiss - filed by VitalCore Health Strategies. (Attachments: # 1 Proposed Order)(Ralli, Andrew) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

1 Proposed form of Order

View on PACER

Dec. 11, 2023

Dec. 11, 2023

Clearinghouse
22

OPENING BRIEF in Support re 21 MOTION to Dismiss, filed by VitalCore Health Strategies. Answering Brief/Response due date per Local Rules is 12/26/2023. (Ralli, Andrew) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

Clearinghouse
23

MOTION to Strike - filed by Centurion of Delaware LLC. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). Modified on 12/13/2023 (nms). (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

RECAP
24

OPENING BRIEF in Support re 23 MOTION to Strike, filed by Centurion of Delaware LLC. Answering Brief/Response due date per Local Rules is 12/26/2023. (Attachments: # 1 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). Modified on 12/13/2023 (nms). (Entered: 12/11/2023)

1 Certificate of Service

View on PACER

Dec. 11, 2023

Dec. 11, 2023

RECAP
25

MOTION to Dismiss - filed by Centurion of Delaware LLC. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

1 Proposed Order

View on PACER

2 Certificate of Service

View on PACER

Dec. 11, 2023

Dec. 11, 2023

26

OPENING BRIEF in Support re 25 MOTION to Dismiss, filed by Centurion of Delaware LLC. Answering Brief/Response due date per Local Rules is 12/26/2023. (Attachments: # 1 Exhibit A.1, # 2 Exhibit A.2, # 3 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

1 Exhibit Exhibit A.1

View on PACER

2 Exhibit Exhibit A.2

View on PACER

3 Certificate of Service

View on PACER

Dec. 11, 2023

Dec. 11, 2023

Clearinghouse
27

MOTION to Dismiss - filed by Centene Corporation. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

1 Proposed Order

View on PACER

2 Certificate of Service

View on PACER

Dec. 11, 2023

Dec. 11, 2023

28

OPENING BRIEF in Support re 27 MOTION to Dismiss, filed by Centene Corporation.Answering Brief/Response due date per Local Rules is 12/26/2023. (Attachments: # 1 Exhibit A.1, # 2 Exhibit A.2, # 3 Exhibit B, # 4 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

Clearinghouse
29

JOINDER in 23 Motion to Strike, by Centene Corporation. (Attachments: # 1 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

1 Certificate of Service

View on PACER

Dec. 11, 2023

Dec. 11, 2023

30

JOINDER in 25 Motion to Dismiss for Failure, by Centene Corporation. (Attachments: # 1 Certificate of Service)(Norton, Brett) Modified on 12/12/2023 (nms). (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

31

STIPULATION and Proposed Order Extending Time - filed by Christopher Robert Desmond, Arthur Govan. (Burke, Susan) Modified on 12/14/2023 (nms). (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

32

WAIVER OF SERVICE returned executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel: For Terra Taylor waiver sent on 12/11/2023, answer due 2/9/2024. (Burke, Susan) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

33

WAIVER OF SERVICE returned executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel: For Monroe B. Hudson, Jr. waiver sent on 12/11/2023, answer due 2/9/2024. (Burke, Susan) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

34

WAIVER OF SERVICE returned executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel: For Awele Maduka-Ezeh waiver sent on 12/11/2023, answer due 2/9/2024. (Burke, Susan) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

35

WAIVER OF SERVICE returned executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel: For Claire M. DeMatteis waiver sent on 12/11/2023, answer due 2/9/2024. (Burke, Susan) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

36

WAIVER OF SERVICE returned executed by Arthur Govan, Christopher Robert Desmond, Harry Samuel: For Michael Records waiver sent on 12/11/2023, answer due 2/9/2024. (Burke, Susan) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

37

STIPULATION and Proposed Order Extending Time - filed by Christopher Robert Desmond, Arthur Govan, Harry Samuel. (Burke, Susan) Modified on 12/15/2023 (nms). (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

38

STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

RECAP
39

SO ORDERED, re 31 STIPULATION and Proposed Order Extending Time re: 21 MOTION to Dismiss filed by VitalCore Health Strategies, ORDER setting briefing schedule re 21 MOTION to Dismiss : (Answering Brief due 2/9/2024., Reply Brief due 2/26/2024.) Signed by Judge Colm F. Connolly on 12/15/2023. (nmf) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

40

SO ORDERED, re 37 STIPULATION and Proposed Order Extending Time re: 27 MOTION to Dismiss filed by Centene Corporation, 25 MOTION to Dismiss filed by Centurion of Delaware LLC, 23 MOTION to Strike filed by Centene Corporation, Centurion of Delaware LLC, ORDER setting briefing schedule re 27 MOTION to Dismiss, 25 MOTION to Dismiss, 23 MOTION to Strike : (Answering Brief due 2/9/2024.). Signed by Judge Colm F. Connolly on 12/15/2023. (nmf) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

Case Assigned/Reassigned

Dec. 15, 2023

Dec. 15, 2023

Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)

Dec. 15, 2023

Dec. 15, 2023

41

Letter to Daniel A. Griffith, from The Clerk of Court, regarding documents received by Plaintiff. (vfm) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

42

MOTION for Lindsay E. DeCarlo, Esquire to Withdraw as Attorney - filed by VitalCore Health Strategies. (Ralli, Andrew) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

SO ORDERED AND ~Util - Add and Terminate Attorneys

Jan. 2, 2024

Jan. 2, 2024

SO ORDERED, re 42 MOTION for Lindsay E. DeCarlo, Esquire to Withdraw as Attorney, filed by VitalCore Health Strategies. Attorney Lindsay DeCarlo terminated. Ordered by Judge Colm F. Connolly on 1/2/2024. (kmd)

Jan. 2, 2024

Jan. 2, 2024

SO ORDERED

Jan. 2, 2024

Jan. 2, 2024

43

NOTICE of Appearance by James Darlington Taylor, Jr on behalf of Claire M. DeMatteis, Monroe B. Hudson, Jr., Awele Maduka-Ezeh, Terra Taylor (Taylor, James) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

44

MOTION for Pro Hac Vice Appearance of Attorney Cheryl Wilke - filed by VitalCore Health Strategies. (Ralli, Andrew) (Main Document 44 replaced on 1/8/2024) (jfm). (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

45

Pro Hac Vice Fee - Credit Card Payment received for Cheryl Wilke. ( re 44 MOTION for Pro Hac Vice Appearance of Attorney Cheryl Wilke )( Payment of $ 50, receipt number ADEDC-4306965).(Ralli, Andrew) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

Remark

Jan. 4, 2024

Jan. 4, 2024

-District Court Pro Hac Vice Fee - 01 Attorney Credit Card Payment

Jan. 4, 2024

Jan. 4, 2024

Remark: Counsel shall refile the Certification re Pro Hac Motion 44 to include a full signature block and physical address of applicant below the signature line. (kmd)

Jan. 4, 2024

Jan. 4, 2024

- CORRECTING ENTRY

Jan. 8, 2024

Jan. 8, 2024

SO ORDERED

Jan. 8, 2024

Jan. 8, 2024

CORRECTING ENTRY: Documents in D.I. 44 replaced to reflect changes per remark dated 1/4/2024. (jfm)

Jan. 8, 2024

Jan. 8, 2024

SO ORDERED, re 44 MOTION for Pro Hac Vice Appearance of Attorney Cheryl Wilke filed by VitalCore Health Strategies. Signed by Judge Colm F. Connolly on 1/8/2024. (nmf)

Jan. 8, 2024

Jan. 8, 2024

CORRECTING ENTRY:

Jan. 8, 2024

Jan. 8, 2024

Pro Hac Vice Attorney Cheryl Wilke for VitalCore Health Strategies added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Jan. 9, 2024

Jan. 9, 2024

Add Attorneys Pro Hac Vice

Jan. 9, 2024

Jan. 9, 2024

Case Assigned/Reassigned

Jan. 12, 2024

Jan. 12, 2024

Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb)

Jan. 12, 2024

Jan. 12, 2024

46

MOTION for Pro Hac Vice Appearance of Attorney James A. Morsch - filed by Claire M. DeMatteis, Monroe B. Hudson, Jr., Awele Maduka-Ezeh, Michael Records, Terra Taylor. (De Feo, Marisa) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

47

MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Jerome - filed by Claire M. DeMatteis, Monroe B. Hudson, Jr., Awele Maduka-Ezeh, Michael Records, Terra Taylor. (De Feo, Marisa) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

48

Pro Hac Vice Fee - Credit Card Payment received for James A. Morsch and Ryan M. Jerome. ( re 46 MOTION for Pro Hac Vice Appearance of Attorney James A. Morsch, 47 MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Jerome )( Payment of $ 100, receipt number ADEDC-4318058).(De Feo, Marisa) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

49

Stipulation-General (See Motion List for Stipulation to Extend Time)

Jan. 19, 2024

Jan. 19, 2024

50

STIPULATION to Exceed Page Limits on Briefing Regarding Motion to Dismiss by Christopher Robert Desmond, Arthur Govan, Harry Samuel. (Griffith, Daniel) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

-District Court Pro Hac Vice Fee - 02 Attorneys Credit Card Payment

Jan. 19, 2024

Jan. 19, 2024

51

SO ORDERED, re 50 Stipulation and Order to Exceed Page Limits on Briefing Regarding Motion to Dismiss. Signed by Judge Jennifer L. Hall on 1/22/2024. (ceg) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

Clearinghouse

- CORRECTING ENTRY

Jan. 22, 2024

Jan. 22, 2024

SO ORDERED

Jan. 22, 2024

Jan. 22, 2024

SO ORDERED, re 46 Motion for Pro Hac Vice Appearance of Attorney James A. Morsch, 47 Motion for Pro Hac Vice Appearance of Attorney Ryan M. Jerome filed by Claire M. DeMatteis, Terra Taylor, Michael Records, Monroe B. Hudson, Jr., Awele Maduka-Ezeh. Ordered by Judge Jennifer L. Hall on 1/22/2024. (ceg)

Jan. 22, 2024

Jan. 22, 2024

Case Details

State / Territory:

Delaware

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Oct. 11, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of incarcerated people with serious medical conditions represented by the ACLU

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

James T. Vaughn Correctional Center (Smyrna, New Castle), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

District of Delaware 1:23-cv-01134

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Medical/Mental Health Care:

Medical care, general