Case: Caswell v. Horton

Caswell v. Etowah County

Caswell v. Etowah County

COMPLAINT against Roger S Buck, CED Mental Health Services, Chellsea Davis, Lynda Dillard, Doctors Care Physicians PC, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Martha Lopez, Jennifer McIntyre, Thomas A Page, Cassi R Peek, Keith Peek, Dennis Presley, Zoey Randolph, Chris Thornton, Kristen Ward, filed by Ashley Caswell.(RMM) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Bailey Springer by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Beth Newton by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Dana Sussman by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Emma Roth by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Jessica Klein by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Kirandeep Mahal by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Sharon Cohen Levin by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Stephanie Kelly by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

MOTION for Leave to Appear Pro Hac Vice Ms. Andrea Alajbegovic by Ashley Caswell. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Certificate of Good Standing)(Light, Ashley) (Entered: 10/13/2023)

Filing Fee - Pay.gov

Filing Fee: Filing fee $ 402, receipt_number AALNDC-4447389. related document 1 COMPLAINT against Roger S Buck, CED Mental Health Services, Chellsea Davis, Lynda Dillard, Doctors Care Physicians PC, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Martha Lopez, Jennifer McIntyre, Thomas A Page, Cassi R Peek, Keith Peek, Dennis Presley, Zoey Randolph, Chris Thornton, Kristen Ward, filed by Ashley Caswell.(RMM). (Light, Ashley) Modified on 10/16/2023. ALND Rec#B-7861 (KAM).

PHV Fee Paid

PHV Fee paid: $ 75, receipt number AALNDC-4447860. NDAL receipt B-7889 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447863. NDAL receipt B-7888 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447864. NDAL receipt B-7887 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447866. NDAL receipt B-7886 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447868. NDAL receipt B-7885 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447870. NDAL receipt B-7884 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447871. NDAL receipt B-7883 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447875. NDAL receipt B-7882 (Light, Ashley) Modified on 10/16/2023 (RMM).

PHV Fee paid: $ 75, receipt number AALNDC-4447878. NDAL receipt B-7881 (Light, Ashley) Modified on 10/16/2023 (RMM).

Summons Issued as to Roger S Buck, CED Mental Health Services, Chellsea Davis, Lynda Dillard, Doctors Care Physicians PC, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Martha Lopez, Jennifer McIntyre, Thomas A Page, Cassi R Peek, Keith Peek, Dennis Presley, Zoey Randolph, Chris Thornton, Kristen Ward, given to plaintiff for personal service (RMM) (Entered: 10/16/2023)

ORDER Ashley Light, counsel for Plaintiff Ashley Caswell, has filed motions for admission pro hac vice and declarations in accordance with Local Rule 83.1(b) for attorneys Bailey N. Springer (Doc. 2), Beth D. Newton (Doc. 3), Dana Sussman (Doc. 4), Emma Roth (Doc. 5), Jessica Klein (Doc. 6), Kirandeep K. Mahal (Doc. 7), Sharon Cohen Levin (Doc. 8), Stephanie M. Kelly (Doc. 9), and Andrea Alajbegovic (Doc. 10). The applicable filing fees have been paid. Accordingly, the motions for admission pro hac vice (Doc. 2; Doc. 3; Doc. 4; Doc. 5; Doc. 6; Doc. 7; Doc. 8; Doc. 9; Doc. 10) are GRANTED. Signed by Magistrate Judge Nicholas A Danella on 10/18/2023. (RMM) (Entered: 10/18/2023)

ANSWER to 1 Complaint, with Jury Demand by Roger S Buck, Lynda Dillard, Doctors Care Physicians PC, Martha Lopez, Thomas A Page, Cassi R Peek, Dennis Presley, Kristen Ward.(Williams, Joel) (Entered: 11/02/2023)

CERTIFICATE OF SERVICE by Ashley Caswell re 7 MOTION for Leave to Appear Pro Hac Vice Ms. Kirandeep Mahal, 3 MOTION for Leave to Appear Pro Hac Vice Ms. Beth Newton, 2 MOTION for Leave to Appear Pro Hac Vice Ms. Bailey Springer, 5 MOTION for Leave to Appear Pro Hac Vice Ms. Emma Roth, 10 MOTION for Leave to Appear Pro Hac Vice Ms. Andrea Alajbegovic, 9 MOTION for Leave to Appear Pro Hac Vice Ms. Stephanie Kelly, 4 MOTION for Leave to Appear Pro Hac Vice Ms. Dana Sussman, 6 MOTION for Leave to Appear Pro Hac Vice Ms. Jessica Klein, 8 MOTION for Leave to Appear Pro Hac Vice Ms. Sharon Cohen Levin (Mahal, Kirandeep) (Entered: 11/06/2023)

SUMMONS Returned Executed by Ashley Caswell. All Defendants. (Mahal, Kirandeep) (Entered: 11/06/2023)

MOTION to Dismiss "Official Capacity" Claims by Chellsea Davis, Lynne Holliday, Jonathon Horton, Jerry King, Jennifer McIntyre, Keith Peek, Zoey Randolph, Chris Thornton. (McNeill, J) (Entered: 11/06/2023)

Partial ANSWER to 1 Complaint, with Jury Demand by Chellsea Davis, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Jennifer McIntyre, Keith Peek, Zoey Randolph, Chris Thornton.(McNeill, J) (Entered: 11/06/2023)

NOTICE of Appearance by Rebecca Rose Ramaswamy on behalf of All Plaintiffs (Ramaswamy, Rebecca) (Entered: 11/09/2023)

AMENDED COMPLAINT against All Defendants, filed by Ashley Caswell.(Levin, Sharon) (Entered: 11/20/2023)

Defendant, Etowah-Dekalb-Cherokee Mental Health Board, Inc. ANSWER to 1 Complaint, 19 Amended Complaint with Jury Demand, ANSWER to 1 Complaint, 19 Amended Complaint by CED Mental Health Services.(Sullivan, Joshua) (Entered: 11/22/2023)

ORDER On October 13, 2023, Plaintiff Ashley Caswell filed a complaint alleging civil rights violations and state law claims. Doc. 1. On November 20, 2023, Plaintiff Caswell filed an amended complaint. Doc. 19. Consistent with the usual practices of this court, this matter was dual assigned to a United States District Judge and a United States Magistrate Judge. See 28 U.S.C. § 636(b)(1); McCarthy v. Bronson, 500 U.S. 136 (1991); N.D. Ala. Local Rule 72.1. At the direction of District Judge Annemarie Carney Axon, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by Magistrate Judge Nicholas A. Danella pursuant to 28 U.S.C. § 636(c) by no later than January 11, 2024. In addition, a telephone status conference with Magistrate Judge Danella is SET for Tuesday, December 19, 2023, at 1:00 P.M. The parties are DIRECTED to call 205-931-0422 to access the telephone conference. The phone conference ID is 346 905 086#. The parties should call in five minutes prior to the start time of the conference. Signed by Magistrate Judge Nicholas A Danella on 11/27/2023. (RMM) (Entered: 11/27/2023)

ANSWER to 19 Amended Complaint by Chellsea Davis, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Jennifer McIntyre, Keith Peek, Zoey Randolph, Chris Thornton.(McNeill, J) (Entered: 12/04/2023)

TEXT ORDER: The telephone conference before Magistrate Judge Danella set for Tuesday December 19 is RESET for Wednesday, December 20, 2023, at 1:00 PM. The parties are DIRECTED to call 205-931-0422 to access the telephone conference. The phone conference ID is 346 905 086#. The parties should call in five minutes prior to the start time of the conference. Signed by Magistrate Judge Nicholas A Danella on 122/11/2023. (KAM) (Entered: 12/11/2023)

REPORT of Rule 26(f) Planning Meeting. (Newton, Beth) (Entered: 12/12/2023)

ANSWER to 19 Amended Complaint by Roger S Buck, Lynda Dillard, Doctors Care Physicians PC, Martha Lopez, Thomas A Page, Cassi R Peek, Dennis Presley, Kristen Ward.(Williams, Joel) (Entered: 12/20/2023)

TEXT ORDER: In light of Plaintiff's amended complaint (Doc. 19 ), the pending motion to dismiss (Doc. 16 ) is TERMINATED AS MOOT. Signed by Magistrate Judge Nicholas A Danella on 12/20/2023. (RMM) (Entered: 12/20/2023)

Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Telephone Conference held on 12/20/2023. Case management matters and Magistrate Judge Consent option addressed (MRR, )

NOTICE: All parties are required to enter an election regarding the exercise of dispositive jurisdiction by Magistrate Judge Danella pursuant to 28 U.S.C. § 636(c) by no later than January 11, 2024. Signed by Magistrate Judge Nicholas A Danella on 1/11/2024. (RMM) (Entered: 01/11/2024)

Joint MOTION for Protective Order by Ashley Caswell. (Attachments: # 1 Exhibit A)(Newton, Beth) (Entered: 01/16/2024)

Joint MOTION for Hipaa Order by Ashley Caswell. (Attachments: # 1 Exhibit A)(Newton, Beth) (Entered: 01/16/2024)

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 1/25/24. (SAC) (Entered: 01/25/2024)

TEXT ORDER granting the parties' 28 joint motion for a protective order and entering the proposed protective order AS MODIFIED by the court with respect to the requirements for filing documents under seal. Signed by Judge Annemarie Carney Axon on 2/1/2024. (RMM) (Entered: 02/01/2024)

TEXT ORDER granting the parties' 29 joint motion for entry of qualified HIPAA protective order and entering the proposed protective order AS MODIFIED by the court with respect to the PHI of non-parties. Signed by Judge Annemarie Carney Axon on 2/6/24. (SAC) (Entered: 02/06/2024)

SCHEDULING ORDER governing further proceedings in this action unless modified for good cause shown: Fact Discovery due by 1/31/2025; Expert Discovery 6/30/25; Dispositive Motions due by 9/8/2025; Joint Status Report due by 12/20/2024. The parties shall be ready for trial in April 2026, to be scheduled by separate order. Signed by Judge Annemarie Carney Axon on 2/6/24. (SAC) (Entered: 02/06/2024)

MOTION to Withdraw as Attorney Ms. Ashley N. Light by Ashley Caswell. (Light, Ashley) (Entered: 02/07/2024)

TEXT ORDER granting Ashley Nicole Light's 34 motion to withdraw as counsel for Plaintiff Ashley Caswell. Signed by Judge Annemarie Carney Axon on 2/7/2024. (RMM) (Entered: 02/07/2024)

***STRICKEN*** First Amended ANSWER to 1 Complaint, 19 Amended Complaint with Jury Demand, First Amended ANSWER to 1 Complaint, 19 Amended Complaint by Roger S Buck, Lynda Dillard, Doctors Care Physicians PC, Martha Lopez, Thomas A Page, Cassi R Peek, Dennis Presley, Kristen Ward.(Williams, Joel) ***Stricken pursuant to Text Order 37 . Modified on 2/20/2024 (RMM). (Entered: 02/19/2024)

TEXT ORDER. On December 20, 2023, Defendants Doctors Care Physicians PC, Roger Buck, Lynda Dillard, Martha Lopez, Thomas Page, Cassi Peek, Dennis Presley, and Kristen Ward filed an 25 answer to the 19 amended complaint. Under Federal Rule of Civil Procedure 15(a)(1)(A), they had twenty-one days (until January 10, 2024) to amend their answer as of right. After that date, Rule 15(a)(2) requires a party to obtain either the opposing party's written consent or the court's permission to amend. On February 19, 2024, Defendants file an 36 amended answer. The 36 amended answer includes no indication that Plaintiff Ashley Caswell consents to the amendment and Defendants have not obtained this court's permission to file the amendment. Accordingly, the court STRIKES the 36 amended answer. Signed by Judge Annemarie Carney Axon on 2/20/2024. (RMM) (Entered: 02/20/2024)

Unopposed MOTION for Leave to File Second Amended Complaint by Ashley Caswell. (Attachments: # 1 Exhibit A - Second Amended Complaint, # 2 Exhibit B - Redline of Second Amended Complaint, # 3 Exhibit C - Proposed Order)(Newton, Beth) (Entered: 03/01/2024)

TEXT ORDER granting Plaintiff Ashley Caswell's 38 unopposed motion to file a second amended complaint. Ms. Caswell must file the second amended complaint on the docket on or before March 6, 2024. Signed by Judge Annemarie Carney Axon on 3/4/24. (SAC) (Entered: 03/04/2024)

SECOND AMENDED COMPLAINT against All Defendants, filed by Ashley Caswell.(Ramaswamy, Rebecca) *corrected title - Modified on 3/18/2024 (SAC). (Entered: 03/05/2024)

Etowah-Dekalb-Cherokee Mental HEalth Board Inc. ANSWER to 40 SECOND AMENDED COMPLAINT by CED Mental Health Services.(Sullivan, Joshua) *corrected title - Modified on 3/18/2024 (SAC). (Entered: 03/06/2024)

ANSWER to 40 SECOND AMENDED COMPLAINT by Roger S Buck, Lynda Dillard, Doctors Care Physicians PC, Martha Lopez, Thomas A Page, Cassi R Peek, Dennis Presley, Kristen Ward.(Williams, Joel) *corrected title - Modified on 3/18/2024 (SAC). (Entered: 03/18/2024)

ANSWER to 40 Second Amended Complaint by Chellsea Davis, Etowah County, Lynne Holliday, Jonathon Horton, Jerry King, Jennifer McIntyre, Keith Peek, Zoey Randolph, Chris Thornton.(McNeill, J) *amended title - Modified on 3/19/2024 (SAC). (Entered: 03/19/2024)

ANSWER to 40 Amended Complaint by CED Mental Health Services.(Sullivan, Joshua) (Entered: 03/22/2024)

NOTICE of Appearance by Monroe D Thornton, III on behalf of Roger S Buck, Doctors Care Physicians PC, Thomas A Page, Cassi R Peek (Thornton, Monroe) (Entered: 03/27/2024)

Joint MOTION to Amend/Correct 31 Order on Motion for Protective Order, by Ashley Caswell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Newton, Beth) (Entered: 04/30/2024)

Unopposed MOTION to Amend/Correct 32 Protective Order, by Ashley Caswell. (Attachments: # 1 Exhibit A)(Newton, Beth) (Entered: 04/30/2024)

Unopposed MOTION to Amend/Correct 32 Protective Order, by Ashley Caswell. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit A - Text of Proposed Order)(Newton, Beth) (Entered: 04/30/2024)

Order

Protective Order

Protective Order

Motion to Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Motion to Bifurcate

Motion to Seal

Order

Order on Motion to Seal

Motion for Miscellaneous Relief

Order

Motion for Miscellaneous Relief

Notice (Other)

Order

Opposition (other)

REPLY (other)

Order

Motion for Miscellaneous Relief

Motion for Leave to Appear

Order on Motion for Miscellaneous Relief

Order on Motion for Leave to Appear

PHV Fee Paid

Order on Motion to Bifurcate

Order

Motion Hearing

Document Sealed

Notice of Appearance

Motion to Produce

Motion to Amend/Correct

Order on Motion to Amend/Correct

Transcript

Motion for Leave to File

Notice of Appearance

Motion to Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Order on Motion for Leave to File

Motion to Compel

Response to Motion