Case: Taylor v. Wexford Health Sources, Incorporated

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8453858. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons as to Wexford Health Services, Inc., # 3 Proposed Summons as to William K. Marshall III) (mk) (Modified on 7/10/2023 to replace images of Attachments #2 and #3) (mk). (Entered: 07/10/2023)

1 Civil Cover Sheet

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2 Proposed Summons as to Wexford Health Services, Inc.

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3 Proposed Summons as to William K. Marshall III

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DECLARATION of Joseph Taylor, dated 5/31/2023, in support of 1 Complaint (mk) (Modified on 7/10/2023 to correct document number) (mk). (Entered: 07/10/2023)

CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)

DECLARATION by Joseph Taylor of Barbara Michael, M.D., dated 6/28/2023, in support of 1 Complaint (mk) (Modified on 7/10/2023 to correct document number) (mk). (Entered: 07/10/2023)

DECLARATION by Joseph Taylor of Jessica McDolley, D. O. in support of re: 1 Complaint by Joseph Taylor (mk) (Modified on 7/10/2023 to correct document number) (mk). (Entered: 07/10/2023)

SUMMONS SUBMITTED by Joseph Taylor for West Virginia Division of Corrections and Rehabilitation, re: 1 Complaint. (Milnes, Lydia) (Modified on 7/10/2023 to correct document number and to replace image of attachment) (mk). (Modified on 7/10/2023 to add link to #1 complaint) (kew).

MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Milnes, Lydia)

1 Exhibit 1

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2 Exhibit 2

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ELECTRONIC SUMMONS ISSUED as to Wexford Health Sources, Incorporated, William K. Marshall III, West Virginia Division of Corrections and Rehabilitation, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to William K. Marshall III, # 2 Summons as to West Virginia Division of Corrections and Rehabilitation) (mk)

ORDER scheduling a hearing on the 6 MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction for 7/10/2023 at 3:00 p.m.; directing lead counsel and any unrepresented parties to appear fully prepared to discuss the motion; counsel is also directed to be prepared to address the implications of the class action settlement approved by the Honorable Robert C. Chambers; Plaintiff is directed to immediately serve a copy of this Order on the Defendants by personal service. Signed by Judge Irene C. Berger on 7/10/2023. (cc: counsel of record; any unrepresented party) (kew)

Notice Of Appearance

Notice Of Attorney Appearance

Notice Of Appearance

Motion Hearing

Summons Returned Executed By Personal Service

Summons Returned Executed By Personal Service

Case Assigned

Summons Returned Executed By Personal Service

MEMORANDUM by Joseph Taylor in support of 6 MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction. (Milnes, Lydia)

STATEMENT OF VISITING ATTORNEY from Sarah Grady on behalf of Joseph Taylor. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-8454061. (Milnes, Lydia)

CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this case is reassigned from Senior Judge John T. Copenhaver, Jr. to Judge Irene C. Berger. Signed by Clerk of Court Rory L. Perry II on 7/10/2023. (cc: Judge Copenhaver; Judge Berger; counsel of record; any unrepresented party) (klc)

ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

STATEMENT OF VISITING ATTORNEY from David Sinkman on behalf of Joseph Taylor. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-8454092. (Milnes, Lydia)

STATEMENT OF VISITING ATTORNEY from Amelia Caramadre on behalf of Joseph Taylor. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-8454114. (Milnes, Lydia)

Notice Of Docket Correction

Summons Returned Executed By Personal Service

Waiver Of Service Executed

ORDER finding as moot 6 MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction, as more fully set forth herein. Signed by Judge Irene C. Berger on 7/25/2023. (cc: counsel of record; any unrepresented party) (mfo)

ANSWER TO 1 Complaint With Jury Demand by Wexford Health Sources, Incorporated. (Herrick, Jordan) (Modified on 8/8/2023 to add jury demand) (kew).

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wexford Health Sources, Incorporated (Herrick, Jordan)

ORDER AND NOTICE: Motions under FR Civ P 12(b) - 8/29/2023. Last day for Rule 26(f) meeting - 9/8/2023. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 9/15/2023. Scheduling Conference at 3:00 PM in Charleston, West Virginia on 10/5/2023, before the undersigned, unless cancelled. Entry of Scheduling Order - 10/12/2023. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 10/19/2023. Signed by Judge Irene C. Berger on 8/8/2023. (cc: counsel of record; any unrepresented party) (btm)

ANSWER TO 1 Complaint With Jury Demand by William K. Marshall III, West Virginia Division of Corrections and Rehabilitation. (Murray, William)

MOTION by Wexford Health Sources, Incorporated to Dismiss Counts II and IV of the 1 Complaint. (Herrick, Jordan) (Modified on 8/17/2023 to add link to #1 complaint) (kew).

MEMORANDUM OF LAW by Wexford Health Sources, Incorporated in support of 28 MOTION by Wexford Health Sources, Incorporated to Dismiss Counts II and IV of the 1 Complaint. (Herrick, Jordan)

MOTION by William K. Marshall III, West Virginia Division of Corrections and Rehabilitation to Dismiss 1 Complaint. (Rhea, Jaden)

MEMORANDUM OF LAW by William K. Marshall III, West Virginia Division of Corrections and Rehabilitation in support of 30 MOTION by William K. Marshall III, West Virginia Division of Corrections and Rehabilitation to Dismiss 1 Complaint. (Rhea, Jaden)

UNOPPOSED MOTION by Joseph Taylor for Leave to File His Amended Complaint with proposed document attached (Attachments: # 1 Proposed Order, # 2 Proposed Amended Complaint)(Milnes, Lydia)

RESPONSE by Joseph Taylor in opposition to 28 MOTION by Wexford Health Sources, Incorporated to Dismiss Counts II and IV of the 1 Complaint, and 30 MOTION by William K. Marshall III, West Virginia Division of Corrections and Rehabilitation to Dismiss 1 Complaint (Milnes, Lydia)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions to Plaintiff. (Herrick, Jordan)

ORDER granting Plaintiff's 32 MOTION for Leave to File His Amended Complaint; directing that the Amended Complaint be FILED as a separate docket entry, and that Wexford Health Sources, Inc.'s 28 MOTION to Dismiss Counts II and IV of the Complaint and Defendants West Virginia Division of Corrections and Rehabilitation and William K. Marshall III's 30 MOTION to Dismiss be TERMINATED as moot. Signed by Judge Irene C. Berger on 9/5/2023. (cc: counsel of record; any unrepresented party) (jsa)

AMENDED COMPLAINT by Joseph Taylor against West Virginia Division of Corrections and Rehabilitation, Wexford Health Sources, Incorporated; filed pursuant to 35 Order. (jsa) (Modified on 9/6/2023 to add link to #35 order) (mk).

PROPOSED ORDER Agreed Protective Order by Wexford Health Sources, Incorporated, Joseph Taylor, West Virginia Division of Corrections and Rehabilitation. (Herrick, Jordan) (Modified on 9/7/2023 to add party filers) (kew).

ANSWER TO 36 Amended Complaint With Jury Demand by Wexford Health Sources, Incorporated. (Herrick, Jordan)

PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 9/7/2023. (cc: counsel of record; any unrepresented party) (lca)

RULE 26(f) REPORT OF PLANNING MEETING by Joseph Taylor, Wexford Health Sources, Incorporated, West Virginia Division of Corrections and Rehabilitation. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Nash, Lesley) (Modified on 9/14/2023 to add party filers) (kew).

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jaden P. Rhea updating name and/or firm information on behalf of West Virginia Division of Corrections and Rehabilitation. (Rhea, Jaden)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by William E. Murray updating name and/or firm information on behalf of West Virginia Division of Corrections and Rehabilitation. (Murray, William)

SCHEDULING ORDER directing that the scheduling conference previously scheduled for 10/5/2023 is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 11/3/2023. Last date to serve discovery requests - 2/9/2024. All discovery to be completed - 3/4/2024. Last date to complete depositions - 3/26/2024. Opening Rule 26 expert disclosures - 1/26/2024. Responsive Rule 26 expert disclosures - 2/26/2024. Rebuttal Rule 26 expert disclosure - 3/12/2024. Dispositive motions deadline - 4/15/2024. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 5/17/2024. Responses for motions in limine - 5/24/2024. Proposed voir dire, jury instructions, and verdict form - 6/24/2024. The Plaintiff's portion of the proposed integrated pretrial order shall be submitted to opposing counsel by 6/12/2024, Integrated pretrial order - 6/19/2024. Pretrial Conference/Final Settlement Conference on 6/26/2024 at 9:00 AM. Trial on 7/15/2024 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 9/14/2023. (cc: counsel of record; any unrepresented party) (mfo)

ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Judge Irene C. Berger on 9/14/2023. (cc: counsel of record; any unrepresented party) (mfo)

ORDER SETTING DEPOSITION PROTOCOL the parties have agreed to a protocol governing the taking of depositions in this case; directing that the following protocol shall be followed with all depositions conducted herein. Signed by Judge Irene C. Berger on 9/14/2023. (cc: counsel of record; any unrepresented party) (mfo)

MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss 36 Amended Complaint. (Murray, William)

MEMORANDUM OF LAW by West Virginia Division of Corrections and Rehabilitation in support of 46 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss With Prejudice re: 36 Amended Complaint. (Murray, William)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Second Set of Interrogatories, and Requests for Production of Documents to Plaintiff. (Herrick, Jordan)

OPPOSITION by Joseph Taylor to 46 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss 36 Amended Complaint. (Milnes, Lydia)

CERTIFICATE OF SERVICE by Joseph Taylor for Responses to Wexford Health Services Inc's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions. (Nash, Lesley)

REPLY by West Virginia Division of Corrections and Rehabilitation to 49 Opposition. (Murray, William) (Modified on 10/11/2023 to correct link) (kew).

MOTION by Wexford Health Sources, Incorporated for Leave to Take the Deposition of Joseph Taylor, an Incarcerated Person. (Herrick, Jordan)

Motions Referred

MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: 52 MOTION by Wexford Health Sources, Incorporated for Leave to Take the Deposition of Joseph Taylor, an Incarcerated Person. (kew)

ORDER granting Wexford Health Source's, Inc.'s 52 MOTION to Take the Deposition of Joseph Taylor. Signed by Magistrate Judge Omar J. Aboulhosn on 10/12/2023. (cc: counsel of record) (lca)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Rule 26(a)(1) Initial Disclosures. (Herrick, Jordan)

CERTIFICATE OF SERVICE by West Virginia Division of Corrections and Rehabilitation for Rule 26(a)(1) Disclosure. (Rhea, Jaden)

CERTIFICATE OF SERVICE by Joseph Taylor for Rule 26(a)(1) Disclosures. (Milnes, Lydia)

CERTIFICATE OF SERVICE by Joseph Taylor for First Set of Interrogatories, Request for Production of Documents, and Request for Admission to Wexford Health Sources, Incorporated. (Milnes, Lydia)

STIPULATION re: extension of time to file responses to Second Set of Interrogatories and Requests for Production of Documents to 11/3/2023 by Joseph Taylor, Wexford Health Sources, Incorporated. (Nash, Lesley) (Modified on 10/30/2023 to add party filer) (kew).

CERTIFICATE OF SERVICE by Joseph Taylor for Responses to Wexford Health Sources, Inc.'s Second Set of Interrogatories and Requests for Production of Documents. (Nash, Lesley)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Lydia C. Milnes for Amelia Caramadre updating name and/or firm information on behalf of Joseph Taylor. (Milnes, Lydia) (Modified on 11/29/2023 to obtain signatures and replace image) (kew).

Notice Of Docket Correction

NOTICE OF DOCKET CORRECTION re: 60 Notice of Change of Attorney Information. ERROR: Notice missing electronic signatures of counsel. CORRECTION: Signatures obtained and image replaced. (kew)

STATEMENT OF VISITING ATTORNEY from Nabihah Maqbool on behalf of Joseph Taylor. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-8554617. (Milnes, Lydia)

STIPULATION re: extension of time to respond to First Set of Interrogatories, Request for Production of Documents, and Request for Admission to 12/22/2023 by Wexford Health Sources, Incorporated, Joseph Taylor. (Herrick, Jordan) (Modified on 12/20/2023 to add party filer) (kew).

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Third Set of Discovery Requests to Plaintiff. (Strider, Adam)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Response to First Set of Interrogatories, Request for Production of Documents, and Request for Admission. (Herrick, Jordan)

MEMORANDUM OPINION AND ORDER denying 46 MOTION by West Virginia Division of Corrections and Rehabilitation to Dismiss 36 Amended Complaint, as set forth more fully herein. Signed by Judge Irene C. Berger on 1/3/2024. (cc: counsel of record; any unrepresented party) (kew)

CERTIFICATE OF SERVICE by Joseph Taylor for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to West Virginia Division of Corrections and Rehabilitation. (Milnes, Lydia)

NOTICE OF DEPOSITION by Wexford Health Sources, Incorporated of Joseph Taylor on January 30, 2024 at 11:00 AM (Herrick, Jordan)

STIPULATION extending time for Plaintiff to file a motion to compel to 2/2/2024 by Joseph Taylor, Wexford Health Sources, Incorporated. (Milnes, Lydia) (Modified on 1/19/2024 to add party filer) (kew).

CERTIFICATE OF SERVICE by Joseph Taylor for Response to Wexford Health Sources, Incorporated's Third Set of Interrogatories and Requests for Admission. (Milnes, Lydia)

STIPULATION TO EXTEND EXPERT WITNESS DISCLOSURE DEADLINES by Joseph Taylor, Wexford Health Sources, Incorporated, West Virginia Division of Corrections and Rehabilitation. (Milnes, Lydia) (Modified on 1/24/2024 to add party filers) (kew).

CERTIFICATE OF SERVICE by West Virginia Division of Corrections and Rehabilitation for First Interrogatories and Requests for Production of Documents to Plaintiff. (Rhea, Jaden)

STIPULATION re: extension of time to file a motion to compel discovery responses to 2/9/2024 by Wexford Health Sources, Incorporated, Joseph Taylor. (Herrick, Jordan) (Modified on 1/30/2024 to add party filer) (kew).

CERTIFICATE OF SERVICE by West Virginia Division of Corrections and Rehabilitation for Notice of Production. (Murray, William)

NOTICE of Non-Party Fault by Wexford Health Sources, Incorporated, West Virginia Division of Corrections and Rehabilitation. (Herrick, Jordan) (Modified on 2/1/2024 to add party filer) (kew).

NOTICE OF DEPOSITIONS by Joseph Taylor of Victoria Cochran on 2/6/2024, Lara Lynn on 2/15/2024, Leslie Young on 2/29/2024, Tamara Kessel on 2/29/2024. (Milnes, Lydia)

CERTIFICATE OF SERVICE by West Virginia Division of Corrections and Rehabilitation for Answers and Responses to First Set of Interrogatories, Requests for Production, and Requests for Admissions. (Rhea, Jaden)

NOTICE of Issuance of Subpoenas by Wexford Health Sources, Incorporated (Herrick, Jordan)

CERTIFICATE OF SERVICE by Joseph Taylor for Rule 26(a)(2) Disclosure. (Milnes, Lydia)

ANSWER TO 36 Amended Complaint With Jury Demand by West Virginia Division of Corrections and Rehabilitation. (Rhea, Jaden)

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for First Supplemental Response to Plaintiffs First Set of Interrogatories, Request for Production of Documents, and Request for Admission. (Herrick, Jordan)

CERTIFICATE OF SERVICE by Joseph Taylor for Notice of Supplemental Production in Response to Wexford Health Sources Inc.'s First Request for Production. (Nash, Lesley)

NOTICE OF DEPOSITION by Wexford Health Sources, Incorporated of Barbara M. Michael, M.D. on March 6, 2024 at 2:30 PM EST (Herrick, Jordan)

MOTION by Joseph Taylor to Extend 43 Scheduling Order. (Milnes, Lydia) (Modified on 2/9/2024 to add link to #43 scheduling order) (kew).

CERTIFICATE OF SERVICE by West Virginia Division of Corrections and Rehabilitation for First Supplemental Answers and Responses to First Set of Requests for Production. (Rhea, Jaden)

CERTIFICATE OF SERVICE by Joseph Taylor for Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to West Virginia Division of Corrections and Rehabilitation. (Milnes, Lydia)

CERTIFICATE OF SERVICE by Joseph Taylor for Second Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Wexford Health Sources, Inc. (Milnes, Lydia)

MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Fingerhood Declaration, # 8 Taylor Declaration)(Milnes, Lydia). (Modified on 2/12/2024 to add motion for preliminary injunction) (ts). (Modified on 3/14/2024 to seal Exhibit 2 pursuant to 156 Order) (btm)

MEMORANDUM by Joseph Taylor in support of 87 MOTION by Joseph Taylor for Temporary Restraining Order and Preliminary Injunction (Milnes, Lydia)

MOTION by Joseph Taylor for Entry of an Opposed HIPAA Qualified Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Milnes, Lydia)

MOTION by Joseph Taylor to Compel Discovery From Wexford (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)(Milnes, Lydia)

MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: 89 MOTION by Joseph Taylor for Entry of an Opposed HIPAA Qualified Protective Order (ts)

MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn: 90 MOTION by Joseph Taylor to Compel Discovery From Wexford (ts)