Case: Davis v. Roberts

Nelson v. Prison Health Services

Nelson v. Prison Health Services

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas G. Wilson (jlh) (Entered: 04/10/1996)

FILING FEE PAID. Filing Fee $ 120.00 Receipt # 37445 (jlh) (Entered: 04/10/1996)

Arbitration candidate. (jlh) (Entered: 04/10/1996)

COMPLAINT filed in State Court (jlh) (Entered: 04/10/1996)

NOTICE to counsel of removal from State Court (jlh) (Entered: 04/10/1996)

MOTION by Prison Health Ser., America Service, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov with memorandum in support to stay proceedings (jlh) (Entered: 04/16/1996)

MOTION by Everett S. Rice, Pinellas County for joinder of co-defendant's motion to stay proceedings (jlh) (Entered: 04/16/1996)

MOTION by Donald Nelson with memorandum in support for partial remand to state court (jlh) (Entered: 04/23/1996)

CERTIFICATE of compliance by Donald Nelson (jlh) (Entered: 04/23/1996)

NOTICE to counsel of expected deadlines (jlh) (Entered: 04/23/1996)

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (jlh) (Entered: 04/23/1996)

MEMORANDUM by Prison Health Ser., America Service, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov in opposition to [6-1] motion for partial remand to state court (jlh) (Entered: 05/08/1996)

AMENDED NOTICE of removal by Prison Health Ser., America Service, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov (jlh) (Entered: 05/09/1996)

MOTION by Prison Health Ser., America Service, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov to extend time to file case management report , to extend time to complete discovery (wlb) (Entered: 06/04/1996)

NOTICE of attorney appearance for Chare Lu Safer by Charles D. Bavol. (ag) (Entered: 06/10/1996)

ORDER granting [4-1] motion to stay proceedings; This case is stayed for a period of 70 days from the date of this order; denying [6-1] motion for partial remand to state court; granting [12-1] motion to extend time to file case management report, granting [12-2] motion to extend time to complete discovery. The time for preparation of the case management report is extended to 60 days after the automative lifting of the stay. ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 06/27/1996)

**Set STAY flag. (jlh) (Entered: 06/27/1996)

**Clear STAY flag. (jlh) (Entered: 09/06/1996)

NOTICE of attorney appearance for Diane Jackson by Wallis M. Carson (jlh) (Entered: 10/15/1996)

JOINT MOTION and memorandum in support by Donald Nelson, Chare Lu Safer, Diane Jackson, Prison Health Ser. for extension of time to file case management report and commence formal discovery . (ag) (Entered: 11/15/1996)

ENDORSED ORDER granting [16-1] joint motion for extension of time to file case management report and commence formal discovery ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 11/22/1996)

ANSWER and defenses to Complaint by Diane Jackson (wlb) (Entered: 12/23/1996)

ANSWER and affirmative defenses to Complaint by Chare Lu Safer; jury demand (wlb) (Entered: 12/26/1996)

ANSWER to Complaint by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov (wlb) (Entered: 01/23/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov with memorandum in support to dismiss in part , or to strike in part (wlb) (Entered: 01/23/1997)

MOTION by Donald Nelson with memorandum in support to extend time of 10 days, within which to respond to answer, motion to dismiss and/or motion to strike (wlb) (Entered: 01/28/1997)

CONSENTED MOTION by Prison Health Services, Inc., America Service Group, Inc., Sandra Spikes, Karyl Hayes, Dana Ostrov, J. Klieaver with memorandum in support for extension of time to file scheduling report . (ag) (Entered: 02/03/1997)

ENDORSED ORDER granting [21-1] motion for extension of time to file scheduling report up to and including 2/28/97 ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 02/10/1997)

ENDORSED ORDER granting [20-1] motion to extend time of 10 days, within which to respond to answer, motion to dismiss and/or motion to strike, Response to motion reset to 2/20/97 for [19-1] motion to dismiss in part, reset to 2/20/97 for [19-2] motion to strike in part ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 02/10/1997)

ORDER scheduling Preliminary Pretrial Hearing set for 8:30 3/26/97 Scheduled for Judge Susan C. Bucklew and directing answers to standard interrogatories (s/lk) ctc (jlh) (Entered: 03/10/1997)

CASE MANAGEMENT REPORT. (wlb) (Entered: 03/13/1997)

RESPONSE to Standard Interrogatories filed by Diane Jackson. (ag) (Entered: 03/21/1997)

RESPONSE to standard Interrogatories filed by Donald Nelson (jlh) (Entered: 03/24/1997)

Pretrial conference held (jlh) (Entered: 03/27/1997)

RESPONSE to Standard Interrogatories filed by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov (jlh) (Entered: 03/27/1997)

ENDORSED ORDER granting [25-1] motion to extend time within which to file answers to the interrogatories and aditional 10 days ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 03/27/1997)

SCHEDULING ORDER setting Deadline for filing of motions 9/30/97 ; Discovery cutoff 9/30/97 ; Pretrial conference for 2:30 1/5/98 ; Scheduled for Magistrate Judge Thomas G. Wilson ( signed by Judge Susan C. Bucklew ) ctc (map) (Entered: 03/31/1997)

Jury trial set for term commencing 2/2/98 Scheduled for Judge Susan C. Bucklew (map) Modified on 03/31/1997 (Entered: 03/31/1997)

NOTICE of attorney appearance for Everett S. Rice, Pinellas County by Robert A. Santa Lucia (ag) (Entered: 04/14/1997)

NOTICE of filing renewed motion to dismiss and/or motion to strike by Prison Health Ser., Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov. (ag) (Entered: 04/14/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov, to dismiss , and/or to strike complaint . (ag) Modified on 04/14/1997 (Entered: 04/14/1997)

MEMORANDUM by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov in support of [31-1] motion to dismiss, [31-2] motion to strike complaint. (ag) (Entered: 04/14/1997)

JOINT MOTION by Donald Nelson, Prison Health Ser., America Service, Everett S. Rice, Pinellas County, State of Florida, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov, J. Klieaver, X Entity, Y Entity, Z Entity for leave to take in excess of 10 depositions per side referred to Magistrate Judge Thomas G. Wilson (jlh) (Entered: 04/15/1997)

JOINT MEMORANDUM by Donald Nelson, Prison Health Ser., America Service, Everett S. Rice, Pinellas County, State of Florida, Diane Jackson, Chare Lu Safer, Sandra Spikes, Karyl Hayes, Dana Ostrov, J. Klieaver, X Entity, Y Entity, Z Entity in support of [33-1] joint motion for leave to take in excess of 10 depositions per side (jlh) Modified on 05/08/1997 (Entered: 04/15/1997)

MEMORANDUM by Donald Nelson in opposition to [31-1] motion to dismiss, [31-2] motion to strike complaint (wlb) Modified on 05/08/1997 (Entered: 04/29/1997)

NOTICE of filing motion to dismiss and/or motion to strike by Everett S. Rice, Pinellas County (jlh) (Entered: 05/23/1997)

MEMORANDUM by Everett S. Rice, Pinellas County in support of [37-1] motion to dismiss, [37-2] motion to strike (jlh) (Entered: 05/23/1997)

MOTION by State of Florida to quash subpoena duces tecum without deposition (jlh) (Entered: 05/23/1997)

NOTICE of filing memorandum of law in opposition to defendants' Sheriff Rice, Everett S. Rice, individually and Pinellas County, motion to dismiss and/or strike by Donald Nelson (wlb) (Entered: 06/11/1997)

MEMORANDUM by Donald Nelson in opposition to [37-1] motion to dismiss, [37-2] motion to strike (wlb) (Entered: 06/11/1997)

NOTICE of potential trial conflict by Prison Health Ser. (jlh) (Entered: 07/10/1997)

MEDIATION REPORT. Mediation Hearing Held: 7/7/97. Harry Goodheart, Mediator. Hearing Outcome: impasse (jlh) (Entered: 07/17/1997)

MOTION by State of Florida to quash subpoena duces tecum referred to Magistrate Judge Thomas G. Wilson (wlb) (Entered: 07/31/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov with memorandum in support for shortening of time to respond to defendants supplemental interrogatories to plaintiff and second request for production referred to Magistrate Judge Thomas G. Wilson (jlh) (Entered: 09/02/1997)

MEMORANDUM by Donald Nelson in opposition to [45-1] motion for shortening of time to respond to defendants supplemental interrogatories to plaintiff and second request for production (wlb) (Entered: 09/05/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov to take deposition of person confined in prison referred to Magistrate Judge Thomas G. Wilson (jlh) (Entered: 09/15/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov to take deposition of person confined in prison referred to Magistrate Judge Thomas G. Wilson (jlh) (Entered: 09/15/1997)

MOTION by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov for appointmnet of commissioner referred to Magistrate Judge Thomas G. Wilson (jlh) (Entered: 09/15/1997)

ORDER denying [45-1] motion for shortening of time to respond to defendants supplemental interrogatories to plaintiff and second request for production, denying [44-1] motion to quash subpoena duces tecum, without prejudice; granting [33-1] joint motion for leave to take in excess of 10 depositions per side ( Signed by Magistrate Judge Thomas G. Wilson ) ctc (map) (Entered: 09/17/1997)

ORDER denying without prejudice [49-1] motion for appointment of commissioner ( Signed by Magistrate Judge Thomas G. Wilson ) ctc (jlh) Modified on 09/29/1997 (Entered: 09/26/1997)

MOTION by Dana Ostrov for final summary judgment (jlh) (Entered: 10/01/1997)

MOTION by Sandra Spikes for final summary judgment (jlh) (Entered: 10/01/1997)

MOTION by Prison Health Ser., America Service for final summary judgment (jlh) (Entered: 10/01/1997)

MOTION by Karyl Hayes for summary judgment (jlh) (Entered: 10/01/1997)

MEMORANDUM by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov in support of [55-1] motion for summary judgment, [54-1] motion for final summary judgment, [53-1] motion for final summary judgment, [52-1] motion for final summary judgment (jlh) (Entered: 10/01/1997)

NOTICE of affidavits of Karyl Hayes and Jennifer Burke by Prison Health Ser., America Service with attachments (jlh) (Entered: 10/01/1997)

NOTICE of filing affidavit of Sandra Spikes in support of moiton for summary judgment by America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov (jlh) (Entered: 10/01/1997)

STIPULATION regarding medical records filed by defendant Prison Health Ser., defendant America Service, defendant Sandra Spikes, defendant Karyl Hayes, defendant Dana Ostrov . (jlh) (Entered: 10/01/1997)

MOTION by Chare Lu Safer with memorandum in support for summary judgment as to count XXX of the complaint (jlh) (Entered: 10/01/1997)

MOTION by Diane Jackson for summary judgment (jlh) (Entered: 10/01/1997)

MEMORANDUM by Diane Jackson in support of [61-1] motion for summary judgment with attachments (jlh) (Entered: 10/01/1997)

NOTICE of intent to supplement the record in support of defendant motion for summary judgment by Chare Lu Safer (jlh) (Entered: 10/01/1997)

NOTICE of filing deposition transcript in support of defendant Chare Lue Safer's motion for summary judgment by Chare Lu Safer. (wlb) (Entered: 10/15/1997)

DEPOSITION (copy) of Deborah Borelli, RN by Chare Lu Safer re: [60-1] motion for summary judgment as to count XXX of the complaint Transcript filed separately. (wlb) (Entered: 10/15/1997)

NOTICE regarding accelerated trial calendar. (em) (Entered: 10/15/1997)

EXHIBIT LIST by Diane Jackson (wlb) (Entered: 10/20/1997)

CORRECTED CERTIFICATE OF SERVICE of [59-1] stipulation by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov (jlh) (Entered: 10/22/1997)

CORRECTED CERTIFICATE OF SERVICE of [58-1] notice by Prison Health Ser., America Service, Sandra Spikes, Karyl Hayes, Dana Ostrov (jlh) (Entered: 10/22/1997)

NOTICE of filing expert witness reports by Donald Nelson (jlh) (Entered: 10/22/1997)

MEMORANDUM by Donald Nelson in opposition to [61-1] motion for summary judgment, [60-1] motion for summary judgment as to count XXX of the complaint, [55-1] motion for summary judgment, [54-1] motion for final summary judgment, [53-1] motion for final summary judgment, [52-1] motion for final summary judgment (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [60-1] motion for summary judgment as to count XXX of the complaint (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [61-1] motion for summary judgment (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [55-1] motion for summary judgment (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [53-1] motion for final summary judgment (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [54-1] motion for final summary judgment (jlh) (Entered: 10/22/1997)

RESPONSE by Donald Nelson in opposition to [52-1] motion for final summary judgment (jlh) (Entered: 10/22/1997)

NOTICE of filing affidavits and various documents in oppositionto defendants motions for summary judgment by Donald Nelson with exhibits attached (jlh) (Entered: 10/22/1997)

NOTICE of filing depositions by Donald Nelson (jlh) (Entered: 10/22/1997)

DEPOSITION of Chare Lu Safer by Donald Nelson re: [77-1] opposition response, [76-1] opposition response, [75-1] opposition response, [74-1] opposition response, [73-1] opposition response, [72-1] opposition response Transcript filed separately. (jlh) (Entered: 10/22/1997)

DEPOSITION of Linda Rueckert by Donald Nelson re: [77-1] opposition response, [76-1] opposition response, [75-1] opposition response, [74-1] opposition response, [73-1] opposition response, [72-1] opposition response Transcript filed separately. (jlh) (Entered: 10/22/1997)

NOTICE of filing depositions by Donald Nelson (jlh) (Entered: 10/22/1997)

DEPOSITION of Sandra Spikes by Donald Nelson re: [77-1] opposition response, [76-1] opposition response, [75-1] opposition response, [74-1] opposition response, [73-1] opposition response, [72-1] opposition response Transcript filed separately. (jlh) (Entered: 10/22/1997)

DEPOSITION of Karyl Hayes by Donald Nelson re: [77-1] opposition response, [76-1] opposition response, [75-1] opposition response, [74-1] opposition response, [73-1] opposition response, [72-1] opposition response Transcript filed separately. (jlh) (Entered: 10/22/1997)

DEPOSITION of Diane Jackson by Diane Jackson re: [61-1] motion for summary judgment Transcript filed separately. (jlh) (Entered: 10/22/1997)

ORDER granting [48-1] motion to take deposition of person confined in prison, granting [47-1] motion to take deposition of person confined in prison ( Signed by Magistrate Judge Thomas G. Wilson ) ctc (jlh) (Entered: 10/28/1997)

NOTICE of trial conflict by Prison Health Ser. (map) (Entered: 12/15/1997)

ORDER granting [31-2] motion to strike complaint granting [37-2] motion to strike insofar as Counts XI, XII, XIII, XVII, XVIII, XIX, XX, XXI, XXIII, are ordered stricken from the complaint ( Signed by Judge Susan C. Bucklew ctc (jlh) (Entered: 12/30/1997)

ORDER granting in part, denying in part [37-1] motion to dismiss, granted as to defendant Rice i his individual capacity counts XV and XXVII ans as to the medical malpractice clams against Rice in his official capacity as Sheriff Count III and against Pinellas County Count IV but the motion is denied as to the section 1983 claims against the Sheriff in his official capacity Count XXVI and against Pinellas County Count XXVIII; denying [52-1] motion for final summary judgment granting in part, denying in part [53-1] motion for final summary judgment in sofar as summary judgment in her favor is granted as to the section 1983 claim Count XXXI but not as to medical malpractice claim Count VII; denying [54-1] motion for final summary judgment granting in part, denying in part [55-1] motion for summary judgment insofar as summary judgment in her favor is granted as to the section 1983 claim Count XXXII but not as to the medical malpractice claim Count VIII; denying [60-1] motion for summary judgment as to count XXX of the complaint; denying [61-1] motion for summary judgment; denying [31-1] motion to dismiss ( Signed by Judge Susan C. Bucklew ) ctc (jlh) (Entered: 12/30/1997)

NOTICE of Hearing: reset pretrial conference for 11:00 1/14/98 Scheduled for Magistrate Judge Thomas G. Wilson ctc (jlh) (Entered: 12/31/1997)

WITNESS LIST by Diane Jackson. (ag) (Entered: 12/31/1997)