Court Dockets
U.S. District Court
CENTRAL DISTRICT OF ILLINOIS (Springfield)
CIVIL DOCKET FOR CASE #: 3:17-cv-03112-SEM-TSH

Dean v. Wexford Health Source et al

DOCKET INFORMATION
Minimize
Date Filed: Apr 21, 2017
Status: Closed
Nature of suit:550 Prisoner: Civil Rights
Assigned to:Judge Sue E. Myerscough
Cause:42:1983 Prisoner Civil Rights
Date terminated:2019-12-18
Jurisdiction:Federal Question
Jury demand:Both
Referred to:Magistrate Judge Tom Schanzle-Haskins

Parties and Attorneys

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 Plaintiff
William Kent Dean
N21885
TAYLORVILLE
Taylorville Correctional Center
Inmate Mail/Parcels
1144 IL Route 29 South
Taylorville, IL 62568
217-824-4004
Plaintiff
Representation
Craig Christopher Martin
JENNER & BLOCK LLP
353 North Clark Street
Chicago, IL 60654
(312) 923-2776
Fax: (312) 840-7776
cmartin@jenner.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Joshua G Rohrscheib
BOLEN ROBINSON & ELLIS LLP
2nd Floor
202 South Franklin
Decatur, IL 62523
(217) 429-4296
Fax: (217) 329-0034
jrohrscheib@brelaw.com
TERMINATED: 05/15/2017
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Chloe E Holt
JENNER & BLOCK LLP
353 North Clark Street
Chicago, IL 60654
(312) 222-9350
cholt@jenner.com
ATTORNEY TO BE NOTICED
Joel T Pelz
JENNER & BLOCK LLP
353 North Clark Street
Chicago, IL 60654
(312) 923-2609
Fax: (312) 840-7609
jpelz@jenner.com
ATTORNEY TO BE NOTICED		Nathaniel Kenneth Sinnott Wackman
JENNER & BLOCK LLP
353 N Clark St
Chicago, IL 60654
(312) 222-9350
Fax: (312) 527-0484
nwackman@jenner.com
ATTORNEY TO BE NOTICED		William McHenry Strom
JENNER & BLOCK LLP
353 N Clark St
Chicago, IL 60654
(312) 840-7443
Fax: (312) 527-0484
wstrom@jenner.com
ATTORNEY TO BE NOTICED
 Defendant
Wexford Health Source
Defendant
Representation
Daniel Stephen Fornoff
CASSIDAY SCHADE LLP
Suite 200
111 North 6th Street
Springfield, IL 62701
(217) 572-1714
Fax: (217) 572-1613
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Alexandra Newton Rice
CASSIDAY SCHADE LLP
Suite 200
111 North 6th Street
Springfield, IL 62701
(217) 572-1714
Fax: (217) 572-1613
arice@cassiday.com
ATTORNEY TO BE NOTICED		Elizabeth Erin Babbitt
TAFT STETTINIUS & HOLLISTER LLP
Suite 2800
111 East Wacker Drive
Chicago, IL 60601
(312) 527-4000
Fax: (312) 966-8556
ebabbitt@taftlaw.com
ATTORNEY TO BE NOTICED
J Timothy Eaton
TAFT STETTINIUS & HOLLISTER LLP
Suite 2800
111 East Wacker Drive
Chicago, IL 60601
(312) 527-4000
Fax: (312) 527-5921
teaton@taftlaw.com
ATTORNEY TO BE NOTICED		Joseph N Rupcich
CASSIDAY SCHADE LLP
111 North 6th Street
2nd Floor
Springfield, IL 62701
(217) 572-1714
Fax: (217) 572-1613
jrupcich@cassiday.com
ATTORNEY TO BE NOTICED		Patrick E Halliday
HALLIDAY LAW LLC
1225 N North Street
Peoria, IL 61606
(309) 402-0001
Fax: (309) 673-1201
patrick@hallidaylegal.com
ATTORNEY TO BE NOTICED
 Defendant
Dr. Abdur Nawoor
Defendant
Representation
Daniel Stephen Fornoff
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED		Alexandra Newton Rice
(See above for address)
ATTORNEY TO BE NOTICED		Elizabeth Erin Babbitt
(See above for address)
ATTORNEY TO BE NOTICED
J Timothy Eaton
(See above for address)
ATTORNEY TO BE NOTICED		Joseph N Rupcich
(See above for address)
ATTORNEY TO BE NOTICED		Patrick E Halliday
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Unknown Health Care Employees
TERMINATED: 08/16/2018
Defendant
 Defendant
Rebecca Einwohner
Dr.
Defendant
Representation
Alexandra Newton Rice
(See above for address)
ATTORNEY TO BE NOTICED		Daniel Stephen Fornoff
(See above for address)
ATTORNEY TO BE NOTICED		Elizabeth Erin Babbitt
(See above for address)
ATTORNEY TO BE NOTICED
J Timothy Eaton
(See above for address)
ATTORNEY TO BE NOTICED		Joseph N Rupcich
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Kathy Galvin
Nurse
Defendant
Representation
Alexandra Newton Rice
(See above for address)
ATTORNEY TO BE NOTICED		Daniel Stephen Fornoff
(See above for address)
ATTORNEY TO BE NOTICED		Joseph N Rupcich
(See above for address)
ATTORNEY TO BE NOTICED
 Defendant
Lisa Mincy
TERMINATED: 12/16/2019
Defendant
Representation
Clayton J Ankney
OFFICE OF THE ATTORNEY GENERAL
500 South Second Street
Springfield, IL 62701
(217) 782-1841
Fax: (217) 782-8767
CAnkney@atg.state.il.us
ATTORNEY TO BE NOTICED		Jeremy C Tyrrell
OFFICE OF THE ATTORNEY GENERAL
500 South Second Street
Springfield, IL 62701
(217) 782-1841
Fax: (217) 782-8767
jtyrrell@atg.state.il.us
ATTORNEY TO BE NOTICED		Mary Kaitlyn Clark-Joseph
OFFICE OF THE ATTORNEY GENERAL
500 South Second Street
Springfield, IL 62701
(217) 782-9014
Fax: (217) 782-8767
mkclarkjoseph@atg.state.il.us
ATTORNEY TO BE NOTICED

Docket Entries

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Numbers shown are court assigned numbers.

EntryFiledPDFDescription
1 Apr 21, 2017RequestCOMPLAINT against Abdur Nawoor, Unknown Health Care Employees, Wexford Health Source, filed by William Kent Dean. (MJC, ilcd) (Entered: 04/21/2017)
2 Apr 21, 2017RequestNOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 5/11/2017. (Attachments: # 1 Notice Regarding Privacy Issues) (MJC, ilcd) (Entered: 04/21/2017)
3 Apr 21, 2017RequestPETITION TO PROCEED IN FORMA PAUPERIS filed by William Kent Dean. (MJC, ilcd) (Entered: 04/21/2017)
4 Apr 21, 2017Request+++ PRISONER TRUST FUND LEDGER by William Kent Dean. (MJC, ilcd) (Entered: 04/21/2017)
5 Apr 21, 2017RequestMOTION to Request Counsel by Plaintiff William Kent Dean. Responses due by 5/5/2017. (MJC, ilcd) (Entered: 04/21/2017)
6 Apr 26, 2017RequestORDER granting 3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $32.34. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Sue E. Myerscough on 04/26/2017. (DM, ilcd) (Entered: 04/26/2017)
7 Apr 26, 2017RequestMERIT REVIEW OPINION Entered by Judge Sue E. Myerscough on 04/26/2017. SEE WRITTEN OPINION. Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states an Eighth Amendment claim for deliberate indifference to his serious medical needs and a state law malpractice claim. This case proceeds solely on the claims identified in this paragraph. This case is now in the process of service. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. (DM, ilcd) (Entered: 04/26/2017)
8 Apr 26, 2017RequestHIPAA QUALIFIED PROTECTIVE ORDER. Entered by Judge Sue E. Myerscough on 04/26/2017. (DM, ilcd) (Entered: 04/26/2017)
9 Apr 26, 2017RequestREQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendants Wexford and Dr. Abdur Nawoor on 04/26/2017. (DM, ilcd) (Entered: 04/26/2017)
Apr 27, 2017Waiver of Service Returned Unexecuted as to Dr. Abdur Nawoor, filed by William Kent Dean. Notification received from Wexford that waiver should be sent to Taylorville CC. (DM, ilcd) (Entered: 04/27/2017)
10 Apr 27, 2017RequestWAIVER OF SERVICE Returned Executed by William Kent Dean. Wexford Health Source waiver sent on 4/26/2017, answer due 6/26/2017. (DM, ilcd) (Entered: 04/27/2017)
11 Apr 27, 2017RequestSecond REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Dr. Abdur Nawoor, c/o Taylorville CC on 04/27/2017. (DM, ilcd) (Entered: 04/27/2017)
May 2, 2017TEXT ORDER Entered by Judge Sue E. Myerscough on 5/2/17. Plaintiff's motion for appointed counsel is granted 5 . The Court appoints as Plaintiff's counsel Attorney Josh Rohrscheib from the law firm Bolen Robinson & Ellis LLP. A status conference is set by telephone for July 14, 2017, at 10:00 a.m. to check on service and discussing scheduling. The clerk is directed to issue a telephone writ to secure Plaintiff's presence at the status conference. The clerk is directed to forward this order to the Pro Bono Coordinator for processing pursuant to the standard procedures. (DK, ilcd) (Entered: 05/02/2017)
12 May 2, 2017RequestRemark: Letter electronically sent to Pro Bono attorney Rohrscheib along with the following Attachments: # 1 Docket Sheet, # 2 Plan for Recruitment of Counsel. Also on this date a copy of the docket sheet was mailed to plaintiff at Taylorville Correctional Center.(DK, ilcd) (Entered: 05/02/2017)
13 May 2, 2017RequestTELEPHONE WRIT issued for Plaintiff's participate in the Status Conference set for 7/14/2017 at 10:00 AM. (Copy of writ faxed and mailed to Taylorville CC.) (DM, ilcd) (Entered: 05/02/2017)
14 May 5, 2017RequestWAIVER OF SERVICE Returned Executed by William Kent Dean. Abdur Nawoor waiver sent on 4/26/2017, answer due 6/26/2017. (DM, ilcd) (Entered: 05/06/2017)
15 May 11, 2017RequestMOTION to Withdraw as Attorney by Plaintiff William Kent Dean. Responses due by 5/25/2017 (Rohrscheib, Joshua) (Entered: 05/11/2017)
May 15, 2017TEXT ORDER: The motion to withdraw by Attorney Rohrscheib is granted (d/e 15 ). The clerk is directed to terminate Attorney Rohrscheib. Entered by Judge Sue E. Myerscough on 05/15/2017. (DM, ilcd) (Entered: 05/15/2017)
May 16, 2017TEXT ORDER: Appointed counsel for Plaintiff recently withdrew due to a conflict. The Court appoints as Plaintiff's counsel Attorney Craig C. Martin from the law firm of Jenner & Block. Fees and costs reimbursable from the District Fund are limited to $1,000. Additionally, if this case settles, reimbursement of fees and costs incurred by appointed counsel will come from Plaintiff's settlement, not from the District Fund. A status conference by telephone is set for July 14, 2017 at 10:00 a.m. to confirm Plaintiff's consent to the appointment, to check on service, and to discuss scheduling. The Clerk is directed to forward this order to the Pro Bono Coordinator for processing pursuant to the standard procedures. Entered by Judge Sue E. Myerscough on 05/16/2017. (DM, ilcd) (Entered: 05/16/2017)
16 May 19, 2017RequestRemark: Letter electronically sent to Attorney Martin along with the following attachments: # 1 Docket Sheet, # 2 Plan for Recruitment of Counsel. Also on this date a copy of the docket sheet was conventionally mailed to plaintiff at Taylorville Correctional Center. (DK, ilcd) (Entered: 05/19/2017)
May 19, 2017Prisoner Initial Partial Filing Fee received 5/19/2017, in the amount of $ 2.00; receipt number 34626009483 (MAS, ilcd) (Entered: 05/19/2017)
17 Jun 1, 2017RequestNOTICE of Appearance of Attorney by Craig Christopher Martin on behalf of William Kent Dean (Martin, Craig) (Entered: 06/01/2017)
18 Jun 1, 2017RequestNOTICE of Appearance of Attorney by William McHenry Strom on behalf of William Kent Dean (Strom, William) (Entered: 06/01/2017)
19 Jun 26, 2017RequestNOTICE of Appearance of Attorney by Patrick E Halliday on behalf of Abdur Nawoor, Wexford Health Source (Halliday, Patrick) (Entered: 06/26/2017)
20 Jun 26, 2017RequestNOTICE of Appearance of Attorney by Daniel Stephen Fornoff on behalf of Abdur Nawoor, Wexford Health Source (Fornoff, Daniel) (Entered: 06/26/2017)
21 Jun 26, 2017RequestANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by Abdur Nawoor, Wexford Health Source.(Fornoff, Daniel) (Entered: 06/26/2017)
22 Jun 26, 2017RequestMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Abdur Nawoor, Wexford Health Source. Responses due by 7/10/2017 (Fornoff, Daniel) (Entered: 06/26/2017)
23 Jun 26, 2017RequestMEMORANDUM of Law in Support of re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Abdur Nawoor, Wexford Health Source. (Fornoff, Daniel) (Entered: 06/26/2017)
24 Jun 30, 2017RequestNOTICE of Subpoena (Fornoff, Daniel) (Entered: 06/30/2017)
25 Jul 5, 2017RequestVACATED as per Text Order of 7/7/2017 VIDEO WRIT issued for Plaintiff William Kent Dean's video appearance on July 14, 2017 at 10:00 AM. (Copy e-mailed to Concordia and Taylorville CC.) (DM, ilcd) Modified on 7/10/2017 (GL, ilcd). (Entered: 07/05/2017)
26 Jul 6, 2017RequestMOTION to Continue the July 14, 2017 Status Hearing and For Extension of Time to Respond to Defendants' Motion to Dismiss 22 by Plaintiff William Kent Dean. Responses due by 7/20/2017 (Martin, Craig) (Entered: 07/06/2017)
Jul 7, 2017TEXT ORDER: Plaintiff's unopposed motion for continuance and extension of time is granted (d/e 26 ). Plaintiff's deadline for responding to the motion to dismiss is extended to July 17, 2017. The status conference set for July 14, 2017, is vacated and rescheduled to July 25, 2017, at 10:00 a.m. The clerk is directed to vacate the video writ for July 14, 2017, and to issue a new video writ for July 25, 2017. Entered by Judge Sue E. Myerscough on 07/07/2017. (DM, ilcd) (Entered: 07/07/2017)
27 Jul 10, 2017RequestVIDEO WRIT issued for Plaintiff, William Kent Dean's video appearance on July 25, 2017 at 10:00 AM. (Copy of Video Writ and Text Order of 7/7/2017 faxed to Concordia and Taylorville CC.) Fax confirmation sheet received. (GL, ilcd) (Entered: 07/10/2017)
Jul 11, 2017Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 7/31/2017. (MB, ilcd) (Entered: 07/11/2017)
28 Jul 17, 2017RequestAMENDED COMPLAINT against Abdur Nawoor, Wexford Health Source, filed by William Kent Dean.(Martin, Craig) (Entered: 07/17/2017)
Jul 25, 2017Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE held on 7/25/2017. Plaintiff William Dean Kent present via video from Taylorville CC. Attorney Craig Martin present via telephone for possible pro bono appointment. Attorney William Strom present via video for possible appointment of pro bono counsel. Summer Associate Chloe Holt present via video for observation. Attorney Fornoff present on behalf of Defendants Wexford and Nawoor. Plaintiff Dean accepted appointment of pro bono counsel, Attorneys Martin and Strom. By agreement of parties and the filing of the Amended Complaint, the Motion to Dismiss 22 previously filed was rendered moot. Defense counsel to advise Court within seven days if they will accept service as to the additional defendants: Einwohner, Galvin and Mincy. Clerk directed to add additional Defendants to the docket. Proposed Scheduling Order to be filed by August 1, 2017. Settlement Conference scheduled for August 25, 2017 at 10:30 AM before Judge Tom Schanzle-Haskins, Courtroom 3, Springfield, IL. Video writ to issue for Plaintiff's appearance. Hearing adjourned. (Tape #SP-1: 10:04 AM.) (DM, ilcd) (Entered: 07/25/2017)
29 Jul 26, 2017RequestVIDEO WRIT issued for Plaintiff Dean's video appearance at the Settlement Conference scheduled on August 25, 2017 from 10:30 AM - 12:30 PM. (Writ faxed to Concordia and Taylorville CC) (DM, ilcd) (Entered: 07/26/2017)
Jul 26, 2017TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Pursuant to Local Rule 16.1(B), the Court orders a settlement conference before U.S. Magistrate Judge Tom Schanzle-Haskins on Friday, August 25, 2017, beginning at 10:30 a.m. in Courtroom 3 in Springfield. In lieu of detailed mediation statements as described in Judge Schanzle-Haskins Mediation Memorandum (available on the Court's website), the parties shall submit a statement describing prior negotiations, including demands, offers, and counter-offers that have been made and rejected and identify any particular circumstances which may have impeded settlement efforts. The statement shall not be filed with the Court or submitted to opposing counsel but shall be submitted directly to Judge Schanzle-Haskins on or before the close of business on August 21, 2017. (LB, ilcd) (Entered: 07/26/2017)
30 Aug 1, 2017RequestResponse by Abdur Nawoor, Wexford Health Source re Order on Motion to Dismiss for Failure to State a Claim, Status Conference, Set/Reset Hearings,,,,,,,,,,,, Text Order of 7/25/2017. (Fornoff, Daniel) (Entered: 08/01/2017)
31 Aug 1, 2017RequestNOTICE - Joint Proposed Scheduling Order (Martin, Craig) (Entered: 08/01/2017)
Aug 7, 2017TEXT ORDER: Attorney Fornoff represents that he will assist Plaintiff's counsel in getting the waivers of service to Defendants Galvin and Gildenger. (d/e 30 .) Mr. Fornoff also represents that, according to his information, Defendant Mincy was an IDOC employee until January 2017. The clerk will send a waiver of service to Defendant Mincy at Defendant Mincy's forwarding address. The forwarding address shall be kept confidential and not filed. Scheduling deadlines will be set after all Defendants have appeared through counsel. The settlement conference scheduled for August 25, 2017, is vacated. Magistrate Judge Schanzle-Haskins will reschedule the settlement conference after all Defendants have appeared through counsel. The clerk is directed to contact the litigation coordinator at Taylorville Correctional Center to determine the forwarding address for Defendant Mincy and to send Defendant Mincy a waiver of service. Further, the clerk is directed to vacate the video writ for August 25, 2017. Entered by Judge Sue E. Myerscough on 08/07/2017. (DM, ilcd) (Entered: 08/07/2017)
32 Aug 8, 2017RequestREQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Lisa Mincy on 08/8/2017. (DM, ilcd) (Entered: 08/08/2017)
33 Aug 10, 2017RequestREQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendant Rebecca Einwohner on 08/10/2017. (Strom, William) (Entered: 08/10/2017)
34 Aug 10, 2017RequestREQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendant Kathy Galvin on 08/10/2017. (Strom, William) (Entered: 08/10/2017)
Aug 16, 2017Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 9/5/2017. (MB, ilcd) (Entered: 08/16/2017)
35 Aug 29, 2017RequestWAIVER OF SERVICE Returned Executed by William Kent Dean. Lisa Mincy waiver sent on 8/8/2017, answer due 10/10/2017. (DM, ilcd) (Entered: 08/29/2017)
Sep 8, 2017Set/Reset Deadlines/Hearings: (Internal) Rule 16 Deadline 10/10/2017. (MB, ilcd) (Entered: 09/08/2017)
36 Oct 6, 2017ViewANSWER to 28 Amended Complaint (Affirmative Defenses) by Lisa Mincy.(Clark-Joseph, Mary) (Entered: 10/06/2017)
37 Oct 10, 2017RequestNOTICE of Appearance of Attorney by Daniel Stephen Fornoff on behalf of Rebecca Einwohner, Kathy Galvin (Fornoff, Daniel) (Entered: 10/10/2017)
38 Oct 10, 2017RequestNOTICE of Appearance of Attorney by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 10/10/2017)
39 Oct 10, 2017RequestMOTION for Extension of Time to File Answer re 28 Amended Complaint by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 10/24/2017 (Fornoff, Daniel) (Entered: 10/10/2017)
Oct 11, 2017TEXT ORDER: The unopposed motion to extend the Answer deadline to October 17, 2017, filed by Defendants Einwohner, et al., is granted. (d/e 39 .) Entered by Magistrate Judge Tom Schanzle-Haskins on 10/11/2017. (SKN, ilcd) (Entered: 10/11/2017)
40 Oct 17, 2017ViewANSWER to 28 Amended Complaint by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source.(Fornoff, Daniel) (Entered: 10/17/2017)
Nov 1, 2017TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Pursuant to Local Rule 16.1(B), the Court orders a settlement conference before U.S. Magistrate Judge Tom Schanzle-Haskins on Monday, December 4, 2017, beginning at 1:30 p.m. in Courtroom 3 in Springfield. Clerk is directed to issue writ for Plaintiff's appearance via video. In lieu of detailed mediation statements as described in Judge Schanzle-Haskins Mediation Memorandum (available on the Court's website), the parties shall submit a statement describing prior negotiations, including demands, offers, and counter-offers that have been made and rejected and identify any particular circumstances which may have impeded settlement efforts. The statement shall not be filed with the Court or submitted to opposing counsel but shall be submitted directly to Judge Schanzle-Haskins on or before the close of business on November 27, 2017. Entered on 11/1/2017. (DM, ilcd) (Entered: 11/01/2017)
41 Nov 1, 2017RequestVIDEO WRIT issued for Plaintiff's appearance via video for a Settlement Conference before Magistrate Judge Tom Schanzle-Haskins commencing on 12/4/2017 at 1:30 PM. (Copy faxed to Concordia and Taylorville CC) (DM, ilcd) (Entered: 11/01/2017)
42 Nov 13, 2017RequestNOTICE of Subpoena (Fornoff, Daniel) (Entered: 11/13/2017)
Dec 4, 2017Minute Entry for proceedings held before Magistrate Judge Tom Schanzle-Haskins: Settlement conference held before U.S. Magistrate Judge Tom Schanzle-Haskins on 12/4/2017. Plaintiff present via video. Attorneys William Strom and Nathaniel Wackman present in person on behalf of Plaintiff. Attorneys Joseph Rupcich and Daniel Fornoff present in person on behalf of Defendants Wexford, Nawoor, Einwohner, and Galvin. Attorney Mary Kaitlyn Clark-Joseph present in person on behalf of Defendant Mincy. Settlement conference does not result in settlement. Case to be placed on U.S. District Judge Sue Myerscough's docket for scheduling of discovery, final pretrial conference, and trial. (MJC, ilcd) (Entered: 12/04/2017)
43 Dec 8, 2017ViewMOTION for Leave to File Amended Answer by Defendant Lisa Mincy. Responses due by 12/22/2017 (Attachments: # 1 Exhibit 1)(Clark-Joseph, Mary) (Entered: 12/08/2017)
Feb 1, 2018TEXT ORDER: Defendant Mincy's unopposed motion to file an amended answer is granted. (d/e 43 ). The clerk is directed to separately docket the amended answer. Entered by Magistrate Judge Tom Schanzle-Haskins on 02/01/2018. (DM, ilcd) (Entered: 02/01/2018)
44 Feb 1, 2018RequestAMENDED ANSWER AND AFFIRMATIVE DEFENSE TO 28 Amended Complaint by Lisa Mincy. (DM, ilcd) (Entered: 02/01/2018)
Feb 1, 2018TEXT ORDER: Initial pre-trial Rule 16 telephone status / scheduling hearing is set for Monday, February 26, 2018, at 9:00 a.m. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before February 21, 2018. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. Entered by Magistrate Judge Tom Schanzle-Haskins on 02/01/2018. (DM, ilcd) (Entered: 02/01/2018)
45 Feb 20, 2018RequestNOTICE of Appearance of Attorney by Nathaniel Kenneth Sinnott Wackman on behalf of William Kent Dean (Wackman, Nathaniel) (Entered: 02/20/2018)
46 Feb 20, 2018RequestDISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by William Kent Dean. (Martin, Craig) (Entered: 02/20/2018)
47 Feb 26, 2018RequestMINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 2/26/2018 with counsel: Nathaniel Wackman, William Strom, Brent Colbert, and Mary Clark-Joseph. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (LB, ilcd) (Entered: 02/26/2018)
48 Feb 26, 2018RequestSCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 3/12/2018; Joinder of Parties / Amended Pleadings due by 12/14/2018; Fact Discovery due by 11/16/2018; Plaintiff`s Expert Disclosure due by 12/14/2018; Defendant`s Expert Disclosure due by 1/18/2019; Expert Discovery due by 3/1/2019; Dispositive Motions due by 4/12/2019. Final Pretrial Conference set 6/24/2019 at 10:00 AM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 7/23/2019 at 9:00 AM before Judge Myerscough. Telephonic Status Conference with counsel set Monday, 3/11/2019, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: #(1) Mediation Memo, #(2) Courtroom Technology Brochure) (LB, ilcd) (Entered: 02/27/2018)
49 Mar 12, 2018RequestMOTION for Extension of Time to Complete Discovery Initial Disclosures by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 3/26/2018 (Fornoff, Daniel) (Entered: 03/12/2018)
Mar 13, 2018TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Agreed Motion for Extension of Time to Provide Initial Disclosures 49 ALLOWED. Initial Disclosures deadline extended to 3/16/2018. (LB, ilcd) (Entered: 03/13/2018)
50 Mar 15, 2018RequestCERTIFICATE of Service/Counsel for Defendants' Rule 26 Initial Disclosures by Daniel Stephen Fornoff on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Fornoff, Daniel) (Entered: 03/15/2018)
May 29, 2018Prisoner Initial Partial Filing Fee received 5/29/2018, in the amount of $ 2.00; receipt number 34626010478. (GL, ilcd) (Entered: 05/30/2018)
51 Jun 15, 2018RequestJoint MOTION to Take Deposition from Plaintiff William Kent Dean by Plaintiff William Kent Dean. Responses due by 6/29/2018 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 06/15/2018)
Jun 19, 2018TEXT ORDER granting 51 Motion to Take Deposition of William Kent Dean. Entered by Magistrate Judge Tom Schanzle-Haskins on 6/18/18. (SG, ilcd) (Entered: 06/19/2018)
52 Jun 25, 2018RequestMOTION for Leave to File Second Amended Complaint by Plaintiff William Kent Dean. Responses due by 7/9/2018 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 06/25/2018)
Aug 16, 2018TEXT ORDER: Plaintiff's unopposed motion for leave to file a second amended complaint is granted. The clerk is directed to separately docket the second amended complaint. Entered by Magistrate Judge Tom Schanzle-Haskins on 08/16/2018. (DM, ilcd) (Entered: 08/16/2018)
53 Aug 16, 2018RequestSECOND AMENDED COMPLAINT against Defendants Rebecca Einwohner, Kathy Galvin, Lisa Mincy, Abdur Nawoor, Wexford Health Source, filed by William Kent Dean. (DM, ilcd) (Entered: 08/16/2018)
54 Aug 21, 2018RequestNOTICE of Appearance of Attorney by Jeremy C Tyrrell on behalf of Lisa Mincy (Tyrrell, Jeremy) (Entered: 08/21/2018)
55 Aug 21, 2018RequestNOTICE of Appearance of Attorney by Jeremy C Tyrrell on behalf of Lisa Mincy (Tyrrell, Jeremy) (Entered: 08/21/2018)
56 Aug 30, 2018RequestMOTION for Extension of Time to File Answer to Second Amended Complaint by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 9/13/2018 (Fornoff, Daniel) (Entered: 08/30/2018)
57 Aug 30, 2018RequestMOTION for Extension of Time to File Answer re 53 Amended Complaint by Defendant Lisa Mincy. Responses due by 9/13/2018 (Tyrrell, Jeremy) (Entered: 08/30/2018)
58 Sep 13, 2018RequestNOTICE of Appearance of Attorney by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 09/13/2018)
59 Sep 13, 2018RequestANSWER to 53 Amended Complaint by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source.(Rupcich, Joseph) (Entered: 09/13/2018)
60 Sep 13, 2018RequestMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 9/27/2018 (Rupcich, Joseph) (Entered: 09/13/2018)
61 Sep 13, 2018RequestANSWER to 53 Amended Complaint with Affirmative Defenses by Lisa Mincy.(Tyrrell, Jeremy) (Entered: 09/13/2018)
62 Sep 27, 2018RequestRESPONSE to Motion re 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / Plaintiff William Kent Dean's Response in Opposition to the Partial Motion to Dismiss Count IX filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 09/27/2018)
63 Oct 16, 2018RequestJoint MOTION for Extension of Time to Complete Discovery / Joint Motion to Extend Scheduling Order Deadlines by Plaintiff William Kent Dean. Responses due by 10/30/2018 (Martin, Craig) (Entered: 10/16/2018)
Oct 17, 2018TEXT ORDER: Defendants' motions to extend their Answer deadlines are granted. (d/e's 56 , 57 .) The Answers have been filed. The joint motion to extend deadlines is granted. (d/e 63 .) Fact discovery closes December 21, 2018. Motions to amend/join are due January 18, 2019. Plaintiff's expert disclosures are due January 18, 2019. Defendants' expert disclosures are due February 22, 2019. Expert discovery closes April 5, 2019. Dispositive motions are due May 17, 2019. Entered by Magistrate Judge Tom Schanzle-Haskins on 10/17/2018. (DM, ilcd) (Entered: 10/17/2018)
64 Nov 15, 2018RequestMOTION for Extension of Time to Complete Discovery by Defendant Lisa Mincy. Responses due by 11/29/2018 (Tyrrell, Jeremy) (Entered: 11/15/2018)
Nov 16, 2018TEXT ORDER: Defendant Wexford's motion to dismiss Count IX is granted only to the extent Plaintiff pursues a federal respondeat superior claim against Wexford. (d/e 60 .) Some Seventh Circuit judges have indicated a willingness to revisit whether private corporations like Wexford may be liable on a respondeat superior basis for the federal constitutional violations of their employees. Shields v. IDOC, 746 F.3d 782, 795 (7th Cir. 2014)(a new approach may be needed for whether corporations should be insulated from respondeat superior liability under § 1983.) However, binding precedent which this Court must follow still bars respondeat superior liability under § 1983. Iskander v. Village of Forest Park, 690 F.2d 126, 128 (7th Cir. 1982)([J]ust as a municipal corporation is not vicariously liable upon a theory of respondeat superior for the constitutional torts of its employees,..., a private corporation is not vicariously liable under § 1983 for its employees' deprivations of others' civil rights."); Collins v. Al-Shami, 851 F.3d 727, 734 (7th Cir. 2017)("Under existing precedent, neither public nor private entities may be held vicariously liable under § 1983.") Hahn v. Walsh, 762 F.3d 617, 640 (7th Cir. 2014)("Our considered decision in Iskander is compatible with the holding of every circuit to have addressed the issue.") This order does not address Plaintiff's respondeat superior liability claim based state law. Plaintiff may file an amended complaint within 30 days of the entry of this order. Entered by Judge Sue E. Myerscough on 11/16/2018. (GL, ilcd) (Entered: 11/16/2018)
Dec 19, 2018TEXT ORDER: Defendant Mincy's unopposed motion to extend her deadline for responding to Plaintiff's discovery requests is granted. (d/e 64 .) The requested extension has passed. Entered by Magistrate Judge Tom Schanzle-Haskins on 12/19/2018. (GL, ilcd) (Entered: 12/19/2018)
65 Jan 18, 2019RequestMOTION for Extension of Time to Complete Discovery / Agreed Motion to Extend Deadline for Plaintiff's Expert Disclosures and Motions to Amend/Join the Complaint by Plaintiff William Kent Dean. Responses due by 2/1/2019 (Martin, Craig) (Entered: 01/18/2019)
Jan 23, 2019TEXT ORDER granting 65 Agreed Motion for Extension of Time to Complete Discovery. The deadline for Plaintiff's expert disclosures and amendments is extended to February 15,2019. The parties are directed to file their other agreed deadline extensions by February 15, 2019. Entered by Magistrate Judge Tom Schanzle-Haskins on 1/23/2019. (SG, ilcd) (Entered: 01/23/2019)
66 Jan 23, 2019RequestNOTICE to Take Deposition of Dr. William Severino on 02/08/2019 (Rupcich, Joseph) (Entered: 01/23/2019)
Feb 11, 2019TEXT ORDER: By agreement of the parties, the jury selection and trial are rescheduled to October 15, 2019 at 9:00 AM. Entered by Judge Sue E. Myerscough on 02/11/2019. (DM, ilcd) (Entered: 02/11/2019)
67 Feb 14, 2019RequestNOTICE of Appearance of Attorney by Chloe E Holt on behalf of William Kent Dean (Holt, Chloe) (Entered: 02/14/2019)
68 Feb 15, 2019RequestMOTION to Modify Case Management Order Deadlines (Unopposed) by Plaintiff William Kent Dean. Responses due by 3/1/2019 (Martin, Craig) (Entered: 02/15/2019)
Feb 19, 2019TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Unopposed Motion to Modify Case Management Order Deadlines 68 ALLOWED. Amended Pleadings and Joinder of Parties deadlines are extended to 3/22/2019; Plaintiff`s Expert Disclosure deadline extended to 3/22/2019; Defendant`s Expert Disclosure deadline extended to 5/24/2019; Expert Discovery deadline extended to 7/12/2019; Dispositive Motions deadline extended to 8/9/2019. Final Pretrial Conference set 6/24/2019 is CANCELLED and reset 10/4/2019 at 10:00 AM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Telephonic Status Conference set 3/11/2019 is CANCELLED and reset Friday, 7/12/2019, at 10:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. Jury trial remains set 10/15/2019. (LB, ilcd) (Entered: 02/19/2019)
69 Mar 22, 2019RequestMOTION for Leave to File Third Amended Complaint by Plaintiff William Kent Dean. Responses due by 4/5/2019 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 03/22/2019)
70 Mar 27, 2019RequestMOTION for Protective Order re Confidentiality by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 4/10/2019 (Attachments: # 1 Text of Proposed Order)(Rupcich, Joseph) (Entered: 03/27/2019)
71 Mar 27, 2019RequestCERTIFICATE of Service/Counsel for Response to Plaintiff's RTP by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 03/27/2019)
Apr 12, 2019TEXT ORDER: Plaintiff's unopposed motion for leave to file a third amended complaint is granted. (d/e 69 .) Defendants' motion for the entry of an agreed protective order is granted. (d/e 70 .) The clerk is directed to separately docket the third amended complaint. Further, the clerk is directed to separately docket the agreed protective order with the Court's electronic signature. Entered by Magistrate Judge Tom Schanzle-Haskins on 04/12/2019. (DM, ilcd) (Entered: 04/12/2019)
72 Apr 12, 2019RequestTHIRD AMENDED COMPLAINT against Rebecca Einwohner, Kathy Galvin, Lisa Mincy, Abdur Nawoor, Wexford Health Source, filed by William Kent Dean. (DM, ilcd) (Entered: 04/12/2019)
73 Apr 12, 2019RequestPROTECTIVE ORDER. See Written Order. Entered by Magistrate Judge Tom Schanzle-Haskins on 04/12/2019. (DM, ilcd) (Entered: 04/12/2019)
74 Apr 12, 2019RequestNOTICE of Subpoenas (Rupcich, Joseph) (Entered: 04/12/2019)
75 Apr 26, 2019RequestANSWER to 72 Amended Complaint with Affirmative Defenses by Lisa Mincy.(Tyrrell, Jeremy) (Entered: 04/26/2019)
76 Apr 29, 2019RequestNOTICE of Appearance of Attorney by Joel T Pelz on behalf of William Kent Dean (Pelz, Joel) (Entered: 04/29/2019)
77 May 17, 2019RequestCERTIFICATE of Service/Counsel for Defendants' Answers to Interrogatories by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 05/17/2019)
May 29, 2019Remark:The 5/17/2019 docket entry was returned as an undeliverable email address as to Attorney Fornoff. Attorney Fornoff email account disabled, as he is no longer at Cassiday Schade LLP. (LN, ilcd) (Entered: 05/29/2019)
78 Jun 21, 2019RequestMOTION Set Status Conference by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 7/5/2019 (Rupcich, Joseph) (Entered: 06/21/2019)
Jul 1, 2019TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 7/1/2019. The motion for a status conference is moot 78 because a status conference is already set for July 12, 2019 at 10:30 a.m. by telephone (counsel only). The clerk will place the call. (KE, ilcd) (Entered: 07/01/2019)
Jul 12, 2019MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Plaintiff, Craig Martin, Joel Pelz, Nathaniel Wackman, and William Strom, counsel for the Wexford Defendants, Joseph Rupcich, and counsel for Defendant Mincy, Jeremy Tyrrell. Discussion held regarding current deadlines in this case. Plaintiff makes oral motion to extend discovery and dispositive motions deadlines. Wexford Defendants' counsel requests until 9/1/2019 to complete 30(b)(6) depositions. Plaintiff objects and wants to keep the current trial date. Argument heard. Wexford Defendants to produce 30(b)(6) witnesses for deposition on or before 8/23/2019. The following deadlines were discussed: Plaintiff's expert disclosure deadline to be extended to 9/6/2019, depositions by 9/20/2019. Defendants' expert disclosure deadline to be extended to 10/30/2019, depositions by 11/15/2019. Dispositive motions deadline to be extended to 11/30/2019. Plaintiff's counsel requests trial date between Thanksgiving and Christmas of 2019. Court indicates it does not know if trial dates are available at that time. Further telephonic scheduling conference to discuss trial date set Tuesday, 7/16/2019, at 2:00 p.m. (Court will place call). (LB, ilcd) (Entered: 07/12/2019)
Jul 16, 2019MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Plaintiff, Chloe Holt, Joel Pelz, Nathaniel Wackman, and William Strom, counsel for the Wexford Defendants, Joseph Rupcich, and counsel for Defendant Mincy, Jeremy Tyrrell. Pursuant to argument held in this case on 7/12/2019, Court sets the following deadlines: Wexford Defendants to produce 30(b)(6) witnesses for deposition on or before 8/16/2019 (8/23/2019 deadline issued with Minute Entry of 7/12/2019 is VACATED); Plaintiffs expert disclosure deadline extended to 8/30/2019, depositions by 9/13/2019; Defendants expert disclosure deadline extended to 9/30/2019, depositions by 10/15/2019; Dispositive motions deadline extended to 10/25/2019, responses by 11/8/2019, replies by 11/15/2019. Final Pretrial conference set 10/4/2019 is CANCELLED and reset 12/2/2019 at 10:00 a.m. in Courtroom 1 in Springfield before U.S. District Judge Sue Myerscough. Jury Trial set 10/15/2019 is CANCELLED and reset 12/10/2019 at 9:00 a.m. before Judge Myerscough. Jury Selection set 12/9/2019 at 1:30 p.m. before Magistrate Judge Schanzle-Haskins. Attorney Rupcich disputed statements made by Attorney Christopher Martin during the 7/12/2019 telephone conference regarding the physical condition of the Plaintiff. The trial and final pretrial dates above are FIRM dates. Any request for a mediation or settlement conference shall be made and scheduled prior to the final pretrial conference. (LB, ilcd) (Entered: 07/16/2019)
Jul 16, 2019TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 7/16/2019. The Clerk is directed to issue the following: 1) a writ to secure Plaintiff's presence by video at the final pretrial conference set 12/2/2019 at 10:00 AM; 2) a writ to secure Plaintiff's presence in person at the jury selection beginning 12/9/2019 at 1:30 PM; and, 3) a writ to secure Plaintiff's presence in person at the trial beginning on 12/10/2019 at 9:00 AM. (KE, ilcd) (Entered: 07/16/2019)
79 Jul 24, 2019RequestNOTICE of Subpoena (Rupcich, Joseph) (Entered: 07/24/2019)
80 Jul 25, 2019RequestCERTIFICATE of Service/Counsel Supplemental Rule 26 Disclosures by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 07/25/2019)
81 Jul 30, 2019RequestMOTION for Reconsideration re Status Conference - Referral Judge,,,,,,, Set/Reset Scheduling Order Deadlines/Hearings,,,,,,, Terminate Deadlines and Hearings,,,,,, by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 8/13/2019 (Attachments: # 1 Exhibit A)(Rupcich, Joseph) (Entered: 07/30/2019)
82 Aug 2, 2019RequestNOTICE of Subpoena (Rupcich, Joseph) (Entered: 08/02/2019)
83 Aug 6, 2019RequestMEMORANDUM in Opposition re 81 MOTION for Reconsideration re Status Conference - Referral Judge,,,,,,, Set/Reset Scheduling Order Deadlines/Hearings,,,,,,, Terminate Deadlines and Hearings,,,,,, / Plaintiff William Dean's Opposition to Wexford Defendants' Motion to Reconsider Case Schedule filed by Plaintiff William Kent Dean. (Attachments: # 1 Declaration of William M. Strom, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Martin, Craig) (Entered: 08/06/2019)
Aug 8, 2019TEXT ORDER: Defendants' motion to reconsider is denied. (d/e 81.) Deadlines and settings remain as scheduled. Entered by Judge Sue E. Myerscough on 8/8/2019. (SG, ilcd) (Entered: 08/08/2019)
84 Aug 27, 2019RequestCERTIFICATE of Service/Counsel for Supplemental Rule 26 Disclosures by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 08/27/2019)
85 Aug 29, 2019RequestCERTIFICATE of Service/Counsel for Supplemental Rule 26 Disclosures by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 08/29/2019)
86 Aug 30, 2019RequestMOTION for Extension of Time to Complete Discovery / Unopposed Motion to Extend Deadline for One of Plaintiff's Expert Disclosures by Plaintiff William Kent Dean. Responses due by 9/13/2019 (Martin, Craig) (Entered: 08/30/2019)
87 Sep 6, 2019RequestMOTION for Leave to File Answer to Third Amended Complaint by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 9/20/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Rupcich, Joseph) (Entered: 09/06/2019)
88 Sep 6, 2019RequestCERTIFICATE of Service/Counsel for Supplemental Rule 26 Disclosures, Request to Produce and Interrogatories by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 09/06/2019)
Sep 10, 2019TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Unopposed Motion to Extend Deadline for One of Plaintiff's Expert Disclosures 86 ALLOWED. Plaintiff's request to disclose the expert report of his retained oncologist on or before 9/6/2019 is granted. (LB, ilcd) (Entered: 09/10/2019)
89 Sep 12, 2019RequestRESPONSE to Motion re 87 MOTION for Leave to File Answer to Third Amended Complaint / Plaintiff William Dean's Statement of Non-Objection to Wexford Defendants' Motion to File Answer Instanter and Opposition to Motion to Dismiss filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 09/12/2019)
Sep 13, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 9/13/2019. The unopposed motion by Defendants Dean, et al., to file their answer and motion to dismiss count VI regarding the third amended complaint is granted. 87 . As the Court already ruled on 11/16/18, Plaintiff's federal respondeat superior claim is not viable under current controlling precedent. Defendant Wexford's motion to dismiss Count VI is granted to the extent Plaintiff pursues a federal respondeat superior claim against Wexford. This order does not address Plaintiff's respondeat superior liability claim based on state law. The clerk is directed to separately docket the answer, the motion to dismiss, and the memorandum. The clerk is further directed to grant the motion to dismiss. (KE, ilcd) (Entered: 09/13/2019)
90 Sep 13, 2019RequestANSWER to 72 Amended Complaint by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source.(KE, ilcd) (Entered: 09/13/2019)
91 Sep 13, 2019RequestMOTION to Dismiss Count VI by Defendant Wexford Health Source. Responses due by 9/27/2019 (KE, ilcd) (Entered: 09/13/2019)
92 Sep 13, 2019RequestMEMORANDUM in Support re 91 MOTION to Dismiss filed by Defendant Wexford Health Source. (KE, ilcd) (Entered: 09/13/2019)
Sep 13, 2019TEXT ORDER granting 91 Motion to Dismiss Count VI entered by Judge Sue E. Myerscough on 9/13/2019. (KE, ilcd) (Entered: 09/13/2019)
93 Sep 20, 2019RequestNOTICE to Take Deposition of Dr. Nivedita Dhar on 9/23/2019 (Rupcich, Joseph) (Entered: 09/20/2019)
94 Sep 25, 2019RequestNOTICE to Take Deposition of Dr. Bruce Barnett on 09/26/2019 (Rupcich, Joseph) (Entered: 09/25/2019)
95 Sep 27, 2019RequestNOTICE to Take Deposition of Dr. Adam Metwalli on 09/30/2019 (Rupcich, Joseph) (Entered: 09/27/2019)
96 Sep 30, 2019RequestNOTICE of Appearance of Attorney by Clayton J Ankney on behalf of Lisa Mincy (Ankney, Clayton) (Entered: 09/30/2019)
97 Sep 30, 2019RequestMOTION for Extension of Time to File Expert Witness Disclosures by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 10/15/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rupcich, Joseph) (Entered: 09/30/2019)
98 Oct 2, 2019RequestMEMORANDUM in Opposition re 97 MOTION for Extension of Time to File Expert Witness Disclosures filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 10/02/2019)
Oct 3, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 10/3/2019. Defendants' motion to extend their expert disclosure deadline to October 30, 2019 is denied. 97 . These deadlines have been set since July 2019, and the Court already denied Defendants' motion to reconsider the deadlines. Plaintiff's condition is arguably precarious enough to put this case on tight deadlines. The Court itself is on a tight deadline to rule on summary judgment motions before the trial in December. Defendants have known for nearly a month the identity of Plaintiff's expert and the general positions of those experts. Additionally, Defendants chose the latest deposition dates for Dr. Barnett and Dr. Metwalli offered by Plaintiff's counsel, according to Plaintiff's counsel. Defendants' expert disclosure deadline is extended to October 8, 2019. The deadlines for deposing Defendants' experts is extended to October 18, 2019. All other deadlines remain as scheduled. (KE, ilcd) (Entered: 10/03/2019)
99 Oct 9, 2019RequestCERTIFICATE of Service/Counsel for Expert Witness Disclosures by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 10/09/2019)
100 Oct 25, 2019RequestMOTION for Summary Judgment by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 11/15/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit E, # 7 Exhibit E, # 8 Exhibit E, # 9 Exhibit E, # 10 Exhibit E, # 11 Exhibit E, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Exhibit L, # 21 Exhibit M, # 22 Exhibit N)(Rupcich, Joseph) (Entered: 10/25/2019)
101 Oct 25, 2019RequestMOTION for Summary Judgment with Memorandum of Law by Defendant Lisa Mincy. Responses due by 11/15/2019 (Attachments: # 1 Exhibit 1 - Deposition of Plaintiff, # 2 Exhibit 2 - Deposition of Lisa Mincy, # 3 Exhibit 3 - Deposition of Dr. Severino)(Tyrrell, Jeremy) (Entered: 10/25/2019)
102 Oct 29, 2019RequestCERTIFICATE of Service/Counsel for Response to Plaintiff's Second Request to Produce by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 10/29/2019)
103 Oct 30, 2019RequestCERTIFICATE of Service/Counsel Second Supplemental Response to Plaintiff's Request to Produce by Joseph N Rupcich on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rupcich, Joseph) (Entered: 10/30/2019)
104 Nov 1, 2019RequestORDER entered by Judge Sue E. Myerscough on 11/1/2019. Plaintiff's counsel phoned the Court's law clerk to inquire whether Plaintiff's counsel may appear by video for the final pretrial conference. At the final pretrial, Plaintiff will appear by video, and Plaintiff's counsel may also appear by video. Defense counsel will appear in person. If Plaintiff's counsel will appear at the final pretrial conference by video, Plaintiff's counsel is directed to contact the Court's deputy (217-492-4000) by November 22, 2019 to make video arrangements. The Court will send out proposed jury instructions for discussion at the final pretrial conference. A Proposed Pretrial Order is due by 11/20/2019. Written objections to pretrial submissions are due by November 25, 2019. Exhibits must be marked and exchanged with opposing counsel by November 18, 2019. By November 25, 2019, the parties shall provide marked copies of their exhibits to the Court. The parties shall, if they have not previously done so, advise the Court in writing three days prior to the final pretrial conference, whether they will consent to the Magistrate Judge conducting jury impanelment. The Magistrate Judge will use this Court's standard voir dire along with any additional proposed questions this Court allows. The clerk is directed to issue a video writ for Plaintiff's appearance at the final pretrial conference. The clerk is directed to issue a writ for Plaintiff's personal appearance at the jury selection and trial. See written order. (KE, ilcd) (Entered: 11/01/2019)
105 Nov 1, 2019RequestVIDEO WRIT issued for William Kent Dean for a Final Pretrial Conference on 12/2/2019 at 10:00 AM before Judge Myerscough. (KE, ilcd) (Entered: 11/01/2019)
106 Nov 4, 2019RequestPERSONAL APPEARANCE WRIT issued for William Kent Dean for Jury Selection on 12/9/2019 at 1:30 PM before Judge Schanzle-Haskins. (KE, ilcd) (Entered: 11/04/2019)
107 Nov 5, 2019RequestAMENDED PERSONAL APPEARANCE WRIT issued for Plaintiff William Kent Dean for Jury Selection before Magistrate Judge Tom Schanzle-Haskins on 12/9/2019 at 1:30 PM, Courtroom 3, Springfield, IL. (DM, ilcd) (Entered: 11/05/2019)
108 Nov 5, 2019RequestPERSONAL APPEARANCE WRIT issued for Plaintiff's appearance at the Jury Trial set before U.S. District Judge Sue E. Myerscough commencing on 12/10/2019 at 9:000 AM. (DM, ilcd) (Entered: 11/05/2019)
Nov 6, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 11/6/2019. On November 5, 2019, Plaintiff's counsel phoned the law clerk on this case to ask two procedural questions: (1) may the response to the proposed facts be set forth in an index; and, (2) will the Court send out a draft of jury instructions before the parties' proposed alternates/additionals are due. The law clerk answered yes to both questions, which is correct. (KE, ilcd) (Entered: 11/06/2019)
109 Nov 8, 2019RequestTEXT ORDER entered by Judge Sue E. Myerscough on 11/8/2019. With this text order, the Court sends its first draft of proposed jury instructions. (SAG, ilcd) (Entered: 11/08/2019)
110 Nov 8, 2019RequestMOTION for Leave to File Document Under Seal , MOTION for Leave to File Excess Pages by Plaintiff William Kent Dean. Responses due by 11/22/2019 (Martin, Craig) (Entered: 11/08/2019)
Nov 8, 2019TEXT ORDER: Plaintiff's counsel phoned the Court's law clerk to alert the Court of Plaintiff's motion for leave to file excess pages and file documents under seal. The motion is granted. 110 . However, documents filed under seal are accessible through ECF only by the Court, not by the parties. Plaintiff shall, therefore, email a copy of the documents filed under seal to opposing counsel contemporaneously with the filing of the sealed documents. Entered by Judge Sue E. Myerscough on 11/8/2019. (SG, ilcd) (Entered: 11/08/2019)
111 Nov 8, 2019Request+++ SEALED DOCUMENT.. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50)(Martin, Craig) (Entered: 11/08/2019)
112 Nov 13, 2019RequestMOTION for Leave for Witness Adam Metwalli, M.D., to Appear and Testify by Videoconference at Trial by Plaintiff William Kent Dean. Responses due by 11/27/2019 (Martin, Craig) (Entered: 11/13/2019)
113 Nov 15, 2019RequestMOTION for Extension of Time to File Response/Reply as to 111 Sealed Document,,,, by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 11/29/2019 (Rupcich, Joseph) (Entered: 11/15/2019)
Nov 15, 2019TEXT ORDER granting 113 Motion for Extension of Time to File Reply. Entered by Judge Sue E. Myerscough on 11/15/2019. (SG, ilcd) (Entered: 11/15/2019)
114 Nov 15, 2019RequestMOTION for Extension of Time to File Redacted Summary Judgment Papers on the Public Docket by Plaintiff William Kent Dean. Responses due by 11/29/2019 (Martin, Craig) (Entered: 11/15/2019)
115 Nov 15, 2019RequestMOTION for Extension of Time to File Response/Reply as to 111 Sealed Document,,,, by Defendant Lisa Mincy. Responses due by 11/29/2019 (Tyrrell, Jeremy) (Entered: 11/15/2019)
Nov 18, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 11/18/2019. Plaintiff's unopposed motion for an extension to file a redacted copy of Plaintiff's response to the summary judgment motion is granted. 114 . Defendant Mincy's motion to extend her reply deadline to November 18, 2019 is granted. 115 . (KE, ilcd) (Entered: 11/18/2019)
116 Nov 18, 2019RequestREPLY to Response to Motion re 100 MOTION for Summary Judgment filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rupcich, Joseph) (Entered: 11/18/2019)
117 Nov 18, 2019RequestMEMORANDUM in Opposition re 101 MOTION for Summary Judgment with Memorandum of Law, 100 MOTION for Summary Judgment - Plaintiff's Response Memorandum in Opposition to Defendants' Motions for Summary Judgment filed by Plaintiff William Kent Dean. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50)(Martin, Craig) (Entered: 11/18/2019)
118 Nov 18, 2019RequestMOTION to Strike Plaintiff's Expert Reports and Disqualify Drs. as Experts by Defendant Lisa Mincy. Responses due by 12/2/2019 (Tyrrell, Jeremy) (Entered: 11/18/2019)
119 Nov 18, 2019RequestMOTION for Leave to File Document Under Seal Reply to Plaintiff's Response (Doc. 111) by Defendant Lisa Mincy. Responses due by 12/2/2019 (Tyrrell, Jeremy) (Entered: 11/18/2019)
120 Nov 18, 2019Request+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tyrrell, Jeremy) (Entered: 11/18/2019)
121 Nov 19, 2019RequestREPLY to Response to Motion re 101 MOTION for Summary Judgment with Memorandum of Law (Public - Redacted) filed by Defendant Lisa Mincy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tyrrell, Jeremy) (Entered: 11/19/2019)
Nov 19, 2019TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 11/19/2019. The motion for leave to file reply under seal is granted. 119 . (KE, ilcd) (Entered: 11/19/2019)
122 Nov 19, 2019RequestMOTION Bar Opinion Testimony by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 12/3/2019 (Rupcich, Joseph) (Entered: 11/19/2019)
123 Nov 19, 2019RequestMEMORANDUM in Support re 122 MOTION Bar Opinion Testimony filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 11/19/2019)
124 Nov 20, 2019RequestMOTION in Limine by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 12/4/2019 (Rupcich, Joseph) (Entered: 11/20/2019)
125 Nov 20, 2019RequestProposed Pretrial Order by William Kent Dean. (Attachments: # 1 Exhibit A - Stipulation of Uncontested Facts and Issues of Law, # 2 Exhibit B - Plaintiff's Witness List, # 3 Exhibit C - Wexford's Witness List, # 4 Exhibit D - Mincy's Witness List, # 5 Exhibit E - Plaintiff's Exhibit List, # 6 Exhibit F - Wexford's Exhibit List, # 7 Exhibit G - Mincy's Exhibit List, # 8 Exhibit H - Plaintiff's Proposed Uncontested Facts)(Martin, Craig) (Entered: 11/20/2019)
126 Nov 20, 2019RequestProposed Jury Instructions by William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 11/20/2019)
127 Nov 20, 2019RequestMOTION in Limine to Exclude Argument or Evidence About Unrelated Medical Conditions by Plaintiff William Kent Dean. Responses due by 12/4/2019 (Martin, Craig) (Entered: 11/20/2019)
128 Nov 20, 2019RequestMOTION in Limine to Exclude Argument or Evidence that Plaintiff's Medical Care is a Burden on Taxpayers or the Public by Plaintiff William Kent Dean. Responses due by 12/4/2019 (Martin, Craig) (Entered: 11/20/2019)
129 Nov 20, 2019RequestMOTION in Limine to Exclude Defendant Lisa Mincy From Eliciting Expert Testimony by Plaintiff William Kent Dean. Responses due by 12/4/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 11/20/2019)
130 Nov 20, 2019RequestMOTION in Limine to Exclude and Limit the Use of His Prior Criminal Convictions by Plaintiff William Kent Dean. Responses due by 12/4/2019 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 11/20/2019)
131 Nov 20, 2019RequestProposed Jury Instructions by Lisa Mincy. (Tyrrell, Jeremy) (Entered: 11/20/2019)
132 Nov 20, 2019RequestMOTION in Limine by Defendant Lisa Mincy. Responses due by 12/4/2019 (Tyrrell, Jeremy) (Entered: 11/20/2019)
133 Nov 20, 2019RequestProposed Voir Dire by William Kent Dean. (Martin, Craig) (Entered: 11/20/2019)
134 Nov 21, 2019RequestProposed Jury Instructions by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 11/21/2019)
135 Nov 22, 2019RequestMOTION for Extension of Time to File Response/Reply as to 118 MOTION to Strike Plaintiff's Expert Reports and Disqualify Drs. as Experts, 122 MOTION Bar Opinion Testimony / Plaintiff's Unopposed Motion To Set Briefing Schedule Or, In The Alternative, For Extension Of Time by Plaintiff William Kent Dean. Responses due by 12/6/2019 (Martin, Craig) (Entered: 11/22/2019)
136 Nov 22, 2019RequestProposed Voir Dire by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 11/22/2019)
137 Nov 22, 2019RequestMOTION for Leave to File Motion in Limine by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 12/6/2019 (Attachments: # 1 Exhibit A)(Rupcich, Joseph) (Entered: 11/22/2019)
138 Nov 22, 2019RequestORDER denying Motions for Summary Judgment. Entered by Judge Sue E. Myerscough on 11/22/2019. (SG, ilcd) (Entered: 11/22/2019)
139 Nov 22, 2019RequestNOTICE - Plaintiff's Responses to the Court's November 1, 2019 Order re 104 Order,,,,,,, Set/Reset Deadlines:,,,,,, (Martin, Craig) (Entered: 11/22/2019)
Nov 22, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: TELEPHONIC STATUS CONFERENCE held on 11/22/2019. Attorneys Joel Pelz and William Strom present on behalf of Plaintiff. Attorney Joseph Rupcich present on behalf of Defendants Wexford, Nawoor, Einwohner and Galvin. AAGs Jeremy Tyrrell and Clayton Ankney present on behalf of Defendant Mincy. Discussion held regarding possibility of scheduling upcoming jury trial for additional days. Court will extend jury trial if necessary. By agreement of counsel, Jury Selection will commence at 9:00 AM on December 9, 2019 before Magistrate Judge Tom Schanzle-Haskins, Courtroom 3, Springfield. Thereafter, counsel to proceed into Jury Trial with opening arguments at 1:30 PM on December 9, 2019 before Judge Sue E. Myerscough, Courtroom 1, Springfield. Parties to file written consents to Magistrate Judge conducting jury selection. Hearing adjourned. (Tape #SP-1: 4:45 PM.) (DM, ilcd) Typo spelling of Tyrell to Tyrrell-- Modified on 11/23/2019 (DM, ilcd). (Entered: 11/23/2019)
140 Nov 25, 2019RequestPERSONAL APPEARANCE WRIT issued for William Kent Dean on 12/9/2019 at 9:00 AM for Jury Selection before Judge Schanzle-Haskins with the Jury Trial starting on 12/9/2019 at 1:30 PM before Judge Myerscough. (KE, ilcd) (Entered: 11/25/2019)
Nov 25, 2019TEXT ORDER:Plaintiff's unopposed motion to set his deadline for responding to the Daubert motions is granted. 135 . Plaintiff's response to motions 118 and 122 is due November 27, 2019.Entered by Judge Sue E. Myerscough on 11/25/2019. (SG, ilcd) (Entered: 11/25/2019)
141 Nov 25, 2019RequestNOTICE of Appearance of Attorney by Alexandra Newton Rice on behalf of Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source (Rice, Alexandra) (Entered: 11/25/2019)
142 Nov 25, 2019RequestRESPONSE to Motion re 128 MOTION in Limine to Exclude Argument or Evidence that Plaintiff's Medical Care is a Burden on Taxpayers or the Public, 127 MOTION in Limine to Exclude Argument or Evidence About Unrelated Medical Conditions, 130 MOTION in Limine to Exclude and Limit the Use of His Prior Criminal Convictions, 129 MOTION in Limine to Exclude Defendant Lisa Mincy From Eliciting Expert Testimony filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rice, Alexandra) (Entered: 11/25/2019)
143 Nov 25, 2019RequestMEMORANDUM in Opposition re 124 MOTION in Limine , 132 MOTION in Limine filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 11/25/2019)
144 Nov 25, 2019RequestOBJECTION / Plaintiff's Objections to Defendants' Trial Exhibits by William Kent Dean. (Martin, Craig) (Entered: 11/25/2019)
145 Nov 25, 2019RequestRESPONSE to Motion re 118 MOTION to Strike Plaintiff's Expert Reports and Disqualify Drs. as Experts filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 11/25/2019)
146 Nov 25, 2019RequestRESPONSE to Motion re 122 MOTION Bar Opinion Testimony filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 11/25/2019)
147 Nov 25, 2019RequestMEMORANDUM in Response to Defendants' Proposed Jury Instructions re 131 Proposed Jury Instructions, 134 Proposed Jury Instructions by William Kent Dean. (Martin, Craig) (Entered: 11/25/2019)
148 Nov 25, 2019RequestRESPONSE to Motion re 128 MOTION in Limine to Exclude Argument or Evidence that Plaintiff's Medical Care is a Burden on Taxpayers or the Public, 127 MOTION in Limine to Exclude Argument or Evidence About Unrelated Medical Conditions, 130 MOTION in Limine to Exclude and Limit the Use of His Prior Criminal Convictions, 129 MOTION in Limine to Exclude Defendant Lisa Mincy From Eliciting Expert Testimony filed by Defendant Lisa Mincy. (Tyrrell, Jeremy) (Entered: 11/25/2019)
149 Nov 27, 2019RequestNOTICE to Court of Consent to Magistrate (Rupcich, Joseph) (Entered: 11/27/2019)
150 Nov 27, 2019RequestNOTICE of Consent Concerning Jury Selection (Ankney, Clayton) (Entered: 11/27/2019)
151 Dec 2, 2019RequestProposed Jury Instructions by Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 12/02/2019)
Dec 2, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: FINAL PRETRIAL CONFERENCE held on 12/2/2019. Attorneys Craig Martin, Joel Pelz and William Strom present in person on behalf of Plaintiff. Attorneys Chloe Holt and Nathaniel Wackman present via video on behalf of Plaintiff. Plaintiff present via video from Taylorville CC. Attorney Joseph Rupcich present in person on behalf of Defendants Wexford, Nawoor, Einwohner and Galvin. AAGs Jeremy Tyrrell and Clayton Ankney present in person on behalf of Defendant Mincy. Without objection, Plaintiff's expert witness Dr. Metwalli allowed to testify via video. Physical trial exhibits given to Court addressed. Proposed Final Pretrial accepted by Court. Issue of presentation of Stipulations addressed and positions stated. Motions in Limine addressed and rulings rendered. No objection by Plaintiff's counsel as to Jury asking questions. Objections by defense counsel as to Jury asking questions. Court reserved ruling. Jury Instruction Conference held. Court adjourned and will reconvene at 1:00 PM. Court reconvened. Plaintiff's counsel waived video appearance of Plaintiff. Attorneys Holt and Wackmann appearance via phone. Further Jury Instruction Conference held. Additional Voir Dire discussed and rulings rendered. Over objection, Plaintiff's counsel is allowed to depose Dr. Guaglianone and possibly utilize transcript in lieu of personal appearance testimony at trial. Court will reserve ruling and review transcript if necessary. Scheduling of jury trial discussed. Medical and transport/housing of Plaintiff during trial discussed. Courtroom Deputy to consult with Taylorville CC regarding same. Hearing adjourned.(Court Reporter KS.) (DM, ilcd) (Entered: 12/03/2019)
152 Dec 6, 2019RequestORDER entered by Judge Sue E. Myerscough on 12/6/2019. The motion for Dr. Metwalli to appear by video for the trial is granted. 112 . The motions to bar Plaintiff's experts are denied. 118 , 122 . The Wexford Defendants' motion in limine 124 is deniedas to evidence of diminished life expectancy. The motion isotherwise denied with leave to renew at trial as to the introductionof written expert reports, medical literature, lay medical testimony,other lawsuits/discipline, and insurance/indemnity. Plaintiff's motion to exclude argument/evidence aboutunrelated medical conditions is denied. 127 . Plaintiff's motion to exclude argument/evidence of taxpayer burden is granted. 128 . Plaintiff's motion to bar Defendant Mincy from eliciting expert testimony is moot. 129 . Plaintiff's motion to exclude/limit the use of Plaintiff's convictions is granted in part and denied in part. 130 . The title of the conviction for which Plaintiff is currently serving time may be offered, including the amount of cocaine. The Wexford Defendants' motion for leave to file a seventh motion in limine is granted. 137 . Any responses to that motion in limine are due December 6, 2019. Defendant Mincy's motion in limine is granted as to golden rule appeals. 132 . The jury will not be permitted to ask questions, given Defendants' objection. At the final pretrial conference, Plaintiff was given leave to take the deposition of Dr. Guaglianone. The Court reserves ruling on Plaintiff's request to admit Dr. Guaglianone's deposition inlieu of his live testimony. The Court also reserves ruling ondisputes over whether Dr. Guaglianone's testimony is untimely,and, therefore, inadmissible expert testimony. Revised versions of Defendants' proposed voir dire 9-12 are due December 6, 2019. The clerk is directed to docket the proposed final pretrial order as the final pretrial order with the Courts signature. See written order.(KE, ilcd) (Entered: 12/06/2019)
153 Dec 6, 2019RequestPRETRIAL ORDER entered by Judge Sue E. Myerscough on 12/6/2019. See written order. (Attachments: # 1 Exh A, # 2 Exh B, # 3 Exh C, # 4 Exh D, # 5 Exh E, # 6 Exh F, # 7 Exh G, # 8 Exh H)(KE, ilcd) (Entered: 12/06/2019)
154 Dec 6, 2019RequestTEXT ORDER: With this text order, the Court files the second draft of jury instructions, revised based on the rulings from the final pretrial conference. These rulings are not final and may be revised depending on what happens during the trial. Entered by Judge Sue E. Myerscough on 12/6/2019. (SG, ilcd) (Entered: 12/06/2019)
155 Dec 6, 2019RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/2/2019, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: William Strom. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020. (MJC, ilcd) (Entered: 12/06/2019)
156 Dec 6, 2019RequestMOTION to Permit Non-Lawyers on Plaintiff's Trial Team to Possess and Use Electronic Devices (Unopposed) by Plaintiff William Kent Dean. Responses due by 12/20/2019 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 12/06/2019)
157 Dec 6, 2019RequestResponse by William Kent Dean re 136 Proposed Voir Dire / Plaintiff's Proposed Revisions and Supplements to Wexford Defendants' Proposed Voir Dire Questions 9-12. (Martin, Craig) (Entered: 12/06/2019)
158 Dec 6, 2019RequestMOTION for Leave to File Document Under Seal by Plaintiff William Kent Dean. Responses due by 12/20/2019 (Martin, Craig) (Entered: 12/06/2019)
159 Dec 6, 2019Request+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Martin, Craig) (Entered: 12/06/2019)
Dec 8, 2019TEXT ORDER granting 156 motion to permit electronics. Entered by Judge Sue E. Myerscough on 12/8/2019. (SG, ilcd) (Entered: 12/08/2019)
Dec 8, 2019TEX ORDER granting 158 Motion for Leave to File Document Under Seal. Entered by Judge Sue E. Myerscough on 12/8/2019. (SG, ilcd) (Entered: 12/08/2019)
160 Dec 9, 2019RequestMOTION for Order / Plaintiff's Motion to Preclude Certain Testimony and to Make Court Findings And/Or Instruct The Jury on Adverse Inference by Plaintiff William Kent Dean. Responses due by 12/23/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Martin, Craig) (Entered: 12/09/2019)
Dec 9, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL began on 12/9/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman, and Chloe Holt. Defendants Wexford Health SourceNawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy present with counsel of record, AAGs Jeremy Tyrrell and Clayton Ankney. Jury issue addressed. By agreement of parties, Juror #39 called to courtroom and questioned. Discussion held outside the presence of the jury and juror. Juror recalled to Court and matter resolved. Deposition designation addressed and objections overruled. Pending motions addressed and ruling reserved. Motion to exclude witnesses in courtroom by defense counsel. Opposition by Plaintiff's counsel. Motion granted. Jury called to courtroom. Jury instructed as to note taking. Opening statements given. Stipulations read of record by Court. Plaintiff's case in chief began. Plaintiff called, sworn and questioned. Evidence displayed and admitted. Jurors excused for day. Trial adjourned for day to reconvene at 9:00 AM on December 10, 2019 as to jurors; parties/counsel to be present at 8:50 AM. (Court Reporter KS.) (DM, ilcd) (Entered: 12/09/2019)
161 Dec 9, 2019RequestIDOC WRIT issued for Plaintiff's personal appearance from 12/9/2019 to 12/18/2019. (DM, ilcd) (Entered: 12/09/2019)
162 Dec 9, 2019Request+++ SEALED DOCUMENT - ORIGINAL DOCUMENT--IDOC WRIT-- UNREDACTED (DM, ilcd) (Entered: 12/09/2019)
163 Dec 9, 2019RequestREPLY to Response to Motion re 137 MOTION for Leave to File Motion in Limine filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 12/09/2019)
Dec 9, 2019Minute Entry for proceedings held before Magistrate Judge Tom Schanzle-Haskins: Jury Selection held on 12/9/2019. Plaintiff William Kent Dean present in person with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman, and Chloe Holt. Defendants Dr. Nawoor, Dr. Einwohner and Kathy Galvin present in person with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Lisa Mincy present in person with counsel of record, Jeremy Tyrrell and Clayton Ankney. Discussion held regarding voir dire questions and procedures. Statement of the case read. Prospective jurors sworn, called, and questioned. Peremptory challenges taken. Jury of 8 sworn and admonished. (Court Reporter KS) (MJC, ilcd) (Entered: 12/10/2019)
164 Dec 10, 2019RequestProposed Jury Instructions by William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 12/10/2019)
Dec 10, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL continued on 12/10/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, and Nathaniel Wackman. Defendants Wexford Health SourceNawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy present with counsel of record, AAGs Jeremy Tyrrell and Clayton Ankney. Argument in response by Plaintiff's counsel as to Defendant's Reply 163 . Ruling reserved. Proposed jury instructions to be tendered to Court by end of day. Issue regarding Plaintiff's standing during court addressed with jury to be advised as to same. Without objection and with request of counsel, Court extended to 5:00 PM to allow for live testimony of video witness. Jury called to courtroom. Plaintiff's case in chief continued. Plaintiff previously sworn with continued testimony given. Evidence displayed and admitted. Jury issue addressed. Explanation by Court to as to absences of counsel within Plaintiff's team of counselors. For time constraints and with acceptance of defense counsel, new witness called prior to cross and redirect of Plaintiff. Jury advised of same. Additional witness called, sworn and questioned. Cross and redirect of Plaintiff. Video witness connected, sworn and questioned. Evidence displayed and admitted. Trial adjourned for day to reconvene at 9:00 AM on December 11, 2019. (Court Reporter KS.) (DM, ilcd) (Entered: 12/10/2019)
165 Dec 11, 2019RequestCourt's Proposed Jury Instruction #38. (DM, ilcd) (Entered: 12/11/2019)
166 Dec 11, 2019RequestJury Instruction read to jury. (DM, ilcd) (Entered: 12/11/2019)
Dec 11, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL continued on 12/11/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman and Chloe Holt. Defendants Wexford Health SourceNawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy present with counsel of record, AAGs Jeremy Tyrrell and Clayton Ankney. Redaction of Plaintiff's Exhibit 4 addressed. Redacted Exhibit accepted by parties and Court. Additional jury instructions tendered to parties and discussed. Jury issue discussed. Juror #74 called to Court and questioned. Issue resolved. Jury called to Court and instructed. Plaintiff's case in chief continued. Witnesses called, sworn and questioned. Evidence displayed and admitted. Trial adjourned for day to reconvene at 9:00 AM on December 12, 2019. (Court Reporter KS.) (DM, ilcd) (Entered: 12/11/2019)
167 Dec 12, 2019RequestIDOC WRIT issued for Plaintiff's appearance in jury trial up to and including 12/18/2019. (DM, ilcd) (Entered: 12/12/2019)
168 Dec 12, 2019Request+++ SEALED DOCUMENT - ORIGINAL DOCUMENT--IDOC WRIT-- UNREDACTED (DM, ilcd) (Entered: 12/12/2019)
Dec 12, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL continued on 12/12/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman and Chloe Holt. Defendants Wexford Health SourceNawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy present with counsel of record, AAGs Jeremy Tyrrell and Clayton Ankney. Defense counsel advised, if necessary, he will recall and question Defendant Dr. Nawoor during Defendants' case in chief. Plaintiff's case in chief continued. Witnesses called, sworn and questioned. Deposition designation read into evidence. Evidence displayed and admitted. Jury allowed to leave for the day. Request by Plaintiff's counsel for ruling as to discovery issue. Defense counsel given until 12/13/2019 to respond. In camera discussion held in Chambers. Trial adjourned for day to reconvene at 9:00 AM on December 13, 2019. (Court Reporter KS.) (DM, ilcd) (Entered: 12/12/2019)
169 Dec 13, 2019RequestBRIEF re 160 MOTION for Order / Plaintiff's Motion to Preclude Certain Testimony and to Make Court Findings And/Or Instruct The Jury on Adverse Inference by William Kent Dean. (Martin, Craig) (Entered: 12/13/2019)
Dec 13, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 12/13/2019. The Wexford Defendants' seventh motion in limine is granted in part and denied in part. [Exhibit A to docket entry 137]. The portions of the Shansky and Puisis expert reports identified by Plaintiff are admissible for purposes of notice. A limiting instruction will be given directing the jury that they may not consider the reports for the truth of the matters asserted in the reports. The clerk is directed to separately docket the Wexford Defendants' seventh motion in limine and to show that the motion is granted in part and denied in part. (KE, ilcd) (Entered: 12/13/2019)
170 Dec 13, 2019RequestMOTION in Limine by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. Responses due by 12/27/2019 (KE, ilcd) (Entered: 12/13/2019)
Dec 13, 2019TEXT ORDER entered by Judge Sue E. Myerscough on 12/13/2019. Motion in Limine 170 is GRANTED in part and DENIED in part pursuant to the text order entered 12/13/19. (KE, ilcd) (Entered: 12/13/2019)
Dec 13, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL continued on 12/13/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman and Chloe Holt. Defendants Wexford Health Source--Nawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy present with counsel of record, AAGs Jeremy Tyrrell and Clayton Ankney. Attorney Rupcich requested an extension to Monday, December 16 to file written response as to discovery issue. Discussion held regarding limiting instruction. Motion addressed regarding witness testimony. Plaintiff's case in chief continued. Witnesses called, sworn and questioned. Evidence displayed and admitted. In camera discussion held in Chambers. Arguments made regarding admission of Defendant Wexford's Exhibits 4 and 16. By agreement of parties, Defendant Mincy called to establish foundation. Discussion held regarding jury instruction, potential inclement weather for Monday, and line-up for remainder of the day. Court addressed concerns and procedure as to inclement weather with jury. Trial adjourned for day to reconvene at 9:00 AM on December 16, 2019. (Court Reporter KS.) (DM, ilcd) (Entered: 12/13/2019)
171 Dec 16, 2019RequestMOTION in Limine Regarding the Testimony of Chad Christer by Plaintiff William Kent Dean. Responses due by 12/30/2019 (Martin, Craig) (Entered: 12/16/2019)
172 Dec 16, 2019RequestMOTION for Order / Plaintiff's Motion To Preclude Ipse Dixit Testimony As To Medical Standard Of Care by Plaintiff William Kent Dean. Responses due by 12/30/2019 (Martin, Craig) (Entered: 12/16/2019)
173 Dec 16, 2019RequestRESPONSE to Motion re 160 MOTION for Order / Plaintiff's Motion to Preclude Certain Testimony and to Make Court Findings And/Or Instruct The Jury on Adverse Inference filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit A)(Rupcich, Joseph) (Entered: 12/16/2019)
174 Dec 16, 2019RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/9/2019, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: William Strom. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/15/2020. (MJC, ilcd) (Entered: 12/16/2019)
175 Dec 16, 2019RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/11/2019, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: William Strom. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/15/2020. (MJC, ilcd) (Entered: 12/16/2019)
176 Dec 16, 2019RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/12/2019, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: William Strom. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/15/2020. (MJC, ilcd) (Entered: 12/16/2019)
Dec 16, 2019TEXT ORDER: Plaintiff has requested for the Court to dismiss Defendant Mincy. The parties are in agreement. Therefore, the Plaintiff's cause of action against Defendant Mincy is hereby DISMISSED WITHOUT PREJUDICE, and Defendant Mincy is dismissed from this case. The Court retains jurisdiction over the action against Defendant Mincy to enforce this Court's Order and to enforce settlement. The other claims in this case remain pending. Entered by Judge Sue E. Myerscough on 12/16/2019. (MJC, ilcd) (Entered: 12/16/2019)
Dec 16, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL continued on 12/16/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman and Chloe Holt. Defendants Wexford Health Source--Nawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Defendant Mincy and counsel not present. Plaintiff's Motion in Limine 171 addressed and positions stated. Motion granted by agreement. Jury instructed as to the absence of Defendant Einwohner due to weather delay. Jury instruction read to jury as to Defendant Mincy. Plaintiff's case in chief continued. Video testimony of witness displayed. Evidence displayed and admitted. By agreement of parties and for timeliness, Defendant allowed to proceed with Defendants expert witnesses. Defense witnesses called, sworn and questioned. Evidence displayed. Jury instruction conference held with counsel being instructed as to expectations. Counsel to file proposed instructions of record. Final Jury Instruction Conference to take place at the beginning of tomorrow morning. Jury allowed to leave for the day. Motion to Preclude Ipse Dixit Testimony as to Medical Standard of Care 172 granted in part and denied in part. Glossary of medical terminology proposed to Court. Court to review same and give ruling tomorrow. Court adjourned for the day to reconvene at 9:00 AM on December 17, 2019. Counsel to reconvene at 8:50 AM for other matters prior to opening of Court at 9:00 AM. (Court Reporter KS.) (DM, ilcd) (Entered: 12/16/2019)
177 Dec 16, 2019RequestJury Instruction--read to jury as to Defendant Mincy. (DM, ilcd) (Entered: 12/16/2019)
178 Dec 16, 2019RequestJury Instructions--Ruled on 12-13-2019. (DM, ilcd) (Entered: 12/16/2019)
179 Dec 17, 2019RequestProposed Jury Instructions by William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 12/17/2019)
Dec 17, 2019Minute Entry for proceedings held before Judge Sue E. Myerscough: JURY TRIAL concluded on 12/17/2019. Plaintiff William Kent Dean present with counsel of record, Craig Martin, William Strom, Joel Pelz, Nathaniel Wackman and Chloe Holt. Defendants Wexford Health Source--Nawoor, Einwohner and Galvin present with counsel of record, Joseph Rupcich and Alexandra Rice. Plaintiff's glossary of medical terminology requested to go to jury during deliberation allowed over objection. Jury Instruction Conference held. Defendant proceeded with witness testimony and admission of evidence. Limiting instruction given to Jury. Deposition designation read into record. With no further evidence, both Plaintiff and Defendant rested. Exhibit and Jury Conference held. At the close of evidence, oral Rule 50 Motion by Defendant. Motion denied. Jury instructed by Court, read and displayed, at 1:24 PM. Plaintiff's counsel gave closing at 2:06 PM. Defendant's counsel gave closing at 3:40 PM. Rebuttal closing given by Plaintiff's counsel at 4:19 PM. With two sworn Court Security Officers, the jury retired to deliberate at 4:33 PM. The jury inform the Court Security Officer that they had reached a verdict at 7:13 PM. At 7:28 PM, the jury returned to open court with the verdict. Verdict read of record. Jury polled. Judgment entered on verdict. Court adjourned. (Court Reporter KS.) (DM, ilcd) (Entered: 12/18/2019)
180 Dec 17, 2019RequestJURY VERDICT in favor of Plaintiff and against Defendants Nawoor, Einwohner and Wexford Health Sources, Inc. (DM, ilcd) (Entered: 12/18/2019)
181 Dec 17, 2019Request+++ SEALED DOCUMENT - ORIGINAL DOCUMENT--JURY VERDICT-- UNREDACTED (DM, ilcd) (Entered: 12/18/2019)
182 Dec 18, 2019RequestJury Instructions--given, displayed and read to Jury before closings. (Attachments: # 1 Jury Instructions given, displayed and read to Jury)(DM, ilcd) (Entered: 12/18/2019)
184 Dec 18, 2019RequestPlaintiff's Exhibit List--marked by Court during jury trial. (Attachments: # 1 Part 2 Plaintiff's Exhibit LIst marked by Court, # 2 Plaintiff's Exhibit List marked by Court, # 3 Plaintiff's Exhibit List marked by Court)(DM, ilcd) (Entered: 12/18/2019)
185 Dec 18, 2019RequestDefendant's Exhibit List--marked by Court during jury trial. (DM, ilcd) (Entered: 12/18/2019)
186 Dec 18, 2019RequestPlaintiff's Glossary of Medical Terminology--given to jury during deliberation. (DM, ilcd) (Entered: 12/18/2019)
187 Dec 18, 2019RequestJury Instructions--given to each juror during deliberation. (Attachments: # 1 Jury Instructions, part 2)(DM, ilcd) (Entered: 12/18/2019)
188 Dec 18, 2019ViewJUDGMENT in favor of Plaintiff William Kent Dean and against Defendants Wexford Health Source, Abdur Nawoor and Rebecca Einwohner. (DM, ilcd) (Entered: 12/18/2019)
189 Dec 20, 2019RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/17/2019, before Judge Sue E. Myerscough. Court Reporter/Transcriber K. Sullivan, Telephone number 217-492-4810. Transcript purchased by: Craig Martin. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2020. Redacted Transcript Deadline set for 1/20/2020. Release of Transcript Restriction set for 3/19/2020. (MJC, ilcd) (Entered: 12/20/2019)
190 Dec 20, 2019RequestORDER Entered by Judge Sue E. Myerscough on 12/20/2019. (SG, ilcd) (Entered: 12/20/2019)
191 Dec 20, 2019RequestTEXT ORDER entered by Judge Sue E. Myerscough on 12/20/2019. The clerk is directed to separately docket Plaintiff's additional proposed instructions which Plaintiff emailed to the Court's law clerk on December 17, 2019. Attached to this text order is the Court's written record of its rulings on all the jury instructions. If the Court's written record differs from the transcript, the transcript governs. (KE, ilcd) (Entered: 12/20/2019)
192 Dec 20, 2019RequestAdditional Proposed Jury Instructions by William Kent Dean. (KE, ilcd) (Entered: 12/20/2019)
193 Dec 20, 2019RequestRESPONSE to Motion re 170 MOTION in Limine (REDACTED) filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Martin, Craig) (Entered: 12/20/2019)
194 Dec 30, 2019RequestMOTION for Extension of Time to File Plaintiff's Motion For Attorneys' Fees And Costs by Plaintiff William Kent Dean. Responses due by 1/13/2020 (Martin, Craig) (Entered: 12/30/2019)
Dec 31, 2019TEXT ORDER granting 194 Motion for Extension of Time to File. Entered by Judge Sue E. Myerscough on 12/31/2019. (SG, ilcd) (Entered: 12/31/2019)
195 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/09/2019 (Volume 1), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217)492-4810. Transcript purchased by: Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
196 Jan 6, 2020Request+++ SEALED -- TRANSCRIPT as to Rebecca Einwohner, Kathy Galvin, Lisa Mincy, Wexford Health Source, Abdur Nawoor, Unknown Health Care Employees before Judge Sue E. Myerscough. Court Reporter: K.S. (SKN, ilcd) (Entered: 01/06/2020)
197 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/10/2019 (Volume 2), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by:J oe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
198 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/11/2019 (Volume 3), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by:Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
199 Jan 6, 2020Request+++ SEALED -- TRANSCRIPT as to Rebecca Einwohner, Kathy Galvin, Lisa Mincy, Wexford Health Source, Abdur Nawoor, Unknown Health Care Employees before Judge Sue E. Myerscough. Court Reporter: K.S. (SKN, ilcd) (Entered: 01/06/2020)
200 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/12/2019 (Volume 4), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by: Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
201 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/13/2019 (Volume 5), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by: Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
202 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/16/2019 (Volume 6), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by:Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
203 Jan 6, 2020RequestNOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 12/17/2019 (Volume 7), before Judge Sue E. Myerscough. Court Reporter/Transcriber K.S., Telephone number (217) 492-4810. Transcript purchased by:Joe Rupcich. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2020. Redacted Transcript Deadline set for 2/6/2020. Release of Transcript Restriction set for 4/6/2020. (SKN, ilcd) (Entered: 01/06/2020)
204 Jan 7, 2020RequestMOTION for Payment of Expert Witness Deposition Fees by Plaintiff William Kent Dean. Responses due by 1/21/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Martin, Craig) (Entered: 01/07/2020)
205 Jan 9, 2020RequestMOTION for Attorney Fees and Costs by Plaintiff William Kent Dean. Responses due by 1/23/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Martin, Craig) (Entered: 01/09/2020)
206 Jan 15, 2020RequestMOTION for Judgment as a Matter of Law or in the Alternative, MOTION for New Trial or in the Alternative Motion for Remittitur and Motion for Setoff by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 1/29/2020 (Rupcich, Joseph) (Entered: 01/15/2020)
207 Jan 15, 2020RequestMEMORANDUM in Support re 206 MOTION for Judgment as a Matter of Law or in the Alternative MOTION for New Trial or in the Alternative Motion for Remittitur and Motion for Setoff filed by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rupcich, Joseph) (Entered: 01/15/2020)
208 Jan 15, 2020RequestMOTION to Stay re 188 Judgment by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 1/29/2020 (Rupcich, Joseph) (Entered: 01/15/2020)
209 Jan 15, 2020RequestMEMORANDUM in Support re 208 MOTION to Stay re 188 Judgment filed by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Attachments: # 1 Exhibit A)(Rupcich, Joseph) (Entered: 01/15/2020)
210 Jan 17, 2020RequestBILL OF COSTS . (Martin, Craig) (Entered: 01/17/2020)
211 Jan 17, 2020RequestMEMORANDUM in Support of Plaintiff's Bill of Costs re 210 Bill of Costs by William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Martin, Craig) (Entered: 01/17/2020)
212 Jan 21, 2020RequestRESPONSE to Motion re 204 MOTION for Payment of Expert Witness Deposition Fees filed by Defendants Rebecca Einwohner, Kathy Galvin, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 01/21/2020)
Jan 22, 2020NOTICE re 210 Bill of Costs: Costs will be taxed in the amount of $36,943.64; parties have 14 days to file objections. (MJC, ilcd) (Entered: 01/22/2020)
Jan 22, 2020Set Deadline for objections to Bill of Costs: Miscellaneous Deadline set 2/5/2020 for parties to file objections. (MJC, ilcd) (Entered: 01/22/2020)
213 Jan 23, 2020RequestMEMORANDUM in Opposition re 208 MOTION to Stay re 188 Judgment - Plaintiff's Opposition to Defendants' Motion to Stay Execution of Judgment filed by Plaintiff William Kent Dean. (Martin, Craig) (Entered: 01/23/2020)
214 Jan 23, 2020RequestMOTION for Extension of Time to File Response/Reply as to 205 MOTION for Attorney Fees and Costs by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 2/6/2020 (Rupcich, Joseph) (Entered: 01/23/2020)
Jan 24, 2020TEXT ORDER entered by Judge Sue E. Myerscough on 1/24/2020. Defendants' motion to extend their deadlines for responding to the fee petition and objecting to costs is granted in part. 214 . Both deadlines are extended to February 10, 2020. (KE, ilcd) (Entered: 01/24/2020)
215 Jan 24, 2020RequestRESPONSE to Motion re 214 MOTION for Extension of Time to File Response/Reply as to 205 MOTION for Attorney Fees and Costs filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 01/24/2020)
216 Jan 27, 2020RequestCitation to Discover Assets issued for Dr. Nawoor; returned to attorney(s) for service. Citation to Discover Assets Hearing set for 2/10/2020 at 11:00 AM (CST) in Courtroom 3 in Springfield before Judge Tom Schanzle-Haskins. (SKN, ilcd) Deleted Citations as to Dr Einwohner and Wexford entered originally as attachments to entry on 1/28/2020 . See docket entries 218 , 219 (ME, ilcd). (Entered: 01/27/2020)
Jan 27, 2020Set/Reset Hearings: Citation Hearing as to Wexford Health Sources, Inc. set for 2/10/2020 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Tom Schanzle-Haskins. (SKN, ilcd) (Entered: 01/27/2020)
Jan 27, 2020Set/Reset Hearings: Citation Hearing as to Dr. Abdur Nawoor set for 2/10/2020 11:00 AM in Courtroom 3 in Springfield before Magistrate Judge Tom Schanzle-Haskins. (SKN, ilcd) (Entered: 01/27/2020)
Jan 27, 2020Set/Reset Hearings: Citation Hearing as to Dr. Rebecca Einwohner set for 2/10/2020 09:00 AM in Courtroom 3 in Springfield before Magistrate Judge Tom Schanzle-Haskins. (SKN, ilcd) (Entered: 01/27/2020)
217 Jan 27, 2020RequestMOTION for Extension of Time to File Response/Reply as to 206 MOTION for Judgment as a Matter of Law or in the Alternative MOTION for New Trial or in the Alternative Motion for Remittitur and Motion for Setoff , MOTION for Leave to File an 18,000 Word Response by Plaintiff William Kent Dean. Responses due by 2/10/2020 (Martin, Craig) (Entered: 01/27/2020)
218 Jan 27, 2020RequestCitation to Discover Assets issued; returned to attorney(s) for service. Citation Hearing as to Dr. Rebecca Einwohner set for 2/10/2020 at 9:00 AM in Courtroom 3 in Springfield before Magistrate Judge Tom Schanzle-Haskins (ME, ilcd) (Entered: 01/28/2020)
219 Jan 27, 2020RequestCitation to Discover Assets issued; returned to attorney(s) for service. Citation Hearing as to Wexford Health Sources, Inc. set for 2/10/2020 at 2:00 PM in Courtroom 3 in Springfield before Magistrate Judge Tom Schanzle-Haskins. (ME, ilcd) (Entered: 01/28/2020)
Jan 28, 2020TEXT ORDER:Plaintiff's motion for extension and to extend word count is granted. 217 . Plaintiff's response to Defendants' renewed motion for judgment as a matter of law/new trial/remittitur/setoff is due February 5, 2020. The combined response may be 18,000 words. Entered by Judge Sue E. Myerscough on 1/28/2020. (SG, ilcd) (Entered: 01/28/2020)
Jan 28, 2020Notice of Docket Text or Event Modification re 216 Citation to Discover Assets: Deleted Citations as to Dr Einwohner and Wexford entered originally as attachments to entry. Efiled separately - See docket entries 218 , 219 . (ME, ilcd) (Entered: 01/28/2020)
220 Jan 31, 2020RequestNOTICE of Service of Citation to Discover Assets upon Dr. Adbur Nawoor (Martin, Craig) (Entered: 01/31/2020)
221 Jan 31, 2020RequestNOTICE of Service of Citation to Discover Assets upon Dr. Rebecca Einwohner (Martin, Craig) (Entered: 01/31/2020)
222 Jan 31, 2020RequestNOTICE of Service of Citation to Discover Assets upon Wexford Health Sources, Inc. (Martin, Craig) (Entered: 01/31/2020)
223 Jan 31, 2020RequestMOTION to Quash or in the Alternative Stay Citation to Discover Assets by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 2/14/2020 (Rupcich, Joseph) (Entered: 01/31/2020)
224 Jan 31, 2020RequestMEMORANDUM in Support re 223 MOTION to Quash or in the Alternative Stay Citation to Discover Assets filed by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 01/31/2020)
Feb 3, 2020TEXT ORDER: By the close of business on February 5, 2020, Plaintiff is directed to file a response to Defendants' motion to quash/stay citation to discover assets. Entered by Magistrate Judge Tom Schanzle-Haskins on 2/3/2020. (SG, ilcd) (Entered: 02/03/2020)
225 Feb 4, 2020RequestMEMORANDUM in Opposition re 223 MOTION to Quash or in the Alternative Stay Citation to Discover Assets filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 02/04/2020)
226 Feb 4, 2020RequestEmergency MOTION to Continue Hearing by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 2/18/2020 (Rupcich, Joseph) (Entered: 02/04/2020)
Feb 5, 2020TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants' Emergency Motion to Continue Hearing 226 is ALLOWED. Hearing on Citation to Discover Assets to Dr. Rebecca Einwohner 218 set 2/10/2020 is CANCELLED and reset Friday, 2/28/2020, at 9:00 a.m.; hearing on Citation to Discover Assets to Dr. Abdur Nawoor 216 set 2/10/2020 is CANCELLED and reset Friday, 2/28/2020, at 11:00 a.m.; hearing on Citation to Discover Assets to Wexford Health Sources, Inc. 219 set 2/10/2020 is CANCELLED and reset Friday, 2/28/2020, at 2:00 p.m. All hearings are set in Courtroom 3 in Springfield before Magistrate Judge Schanzle-Haskins. (LB, ilcd) (Entered: 02/05/2020)
227 Feb 5, 2020RequestRESPONSE to Motion re 226 Emergency MOTION to Continue Hearing filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 02/05/2020)
228 Feb 5, 2020RequestMEMORANDUM in Opposition re 206 MOTION for Judgment as a Matter of Law or in the Alternative MOTION for New Trial or in the Alternative Motion for Remittitur and Motion for Setoff filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Martin, Craig) (Entered: 02/05/2020)
229 Feb 10, 2020RequestMOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, 205 MOTION for Attorney Fees and Costs, Set/Reset Deadlines by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 2/24/2020 (Rupcich, Joseph) (Entered: 02/10/2020)
Feb 11, 2020TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 2/11/2020. Defendants' unopposed motion for extension of time is granted. Defendants' response/objection to Plaintiff's motion for fees and costs is due February 17, 2020. (KE, ilcd) (Entered: 02/11/2020)
230 Feb 11, 2020RequestMOTION to Supplement 205 MOTION for Attorney Fees and Costs / Plaintiff's Motion to Supplement His Request for Attorneys' Fees and Costs by Plaintiff William Kent Dean. Responses due by 2/25/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Martin, Craig) (Entered: 02/11/2020)
231 Feb 12, 2020RequestORDER entered by Judge Sue E. Myerscough on 2/12/2020. Defendants' motion to stay is denied. 208 . Defendants may renew their motion to stay enforcement of the judgment upon this Court's approval of a supersedeas bond in an amount sufficient to cover the entire judgment, plus interest, for the time period "through completion of all proceedings in the trial court and on through completion of all proceedings on appeal by issuance of the appellate mandate." (2018 Amendment Committee Note to Rule 62). As the judgment does not currently award costs or fees, whether a bond is necessary to stay collection of those amounts is not an issue presently before the Court. Defendants' motion to quash or stay the citation proceedings is denied 223 with leave to renew after a supersedeas bond is approved. See written order. (KE, ilcd) (Entered: 02/12/2020)
Feb 13, 2020TEXT ORDER entered by Judge Sue E. Myerscough on 2/13/2020. Plaintiff's motion to supplement his request for fees and costs is granted. 230 . (KE, ilcd) (Entered: 02/13/2020)
232 Feb 14, 2020RequestMOTION to Continue Citation Hearing by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 2/28/2020 (Rupcich, Joseph) (Entered: 02/14/2020)
233 Feb 14, 2020RequestMEMORANDUM in Opposition re 232 MOTION to Continue Citation Hearing filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martin, Craig) (Entered: 02/14/2020)
234 Feb 17, 2020RequestNOTICE of Appearance of Attorney by Elizabeth Erin Babbitt on behalf of Rebecca Einwohner, Abdur Nawoor, Wexford Health Source (Babbitt, Elizabeth) (Entered: 02/17/2020)
235 Feb 17, 2020RequestNOTICE of Appearance of Attorney by J Timothy Eaton on behalf of Rebecca Einwohner, Abdur Nawoor, Wexford Health Source (Eaton, J) (Entered: 02/17/2020)
236 Feb 17, 2020RequestOBJECTION (230) Supplement to Bill of Costs, and to 210 Bill of Costs, 211 Memorandum, Order on Motion to Supplement by Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 02/17/2020)
237 Feb 17, 2020RequestRESPONSE to Motion re 205 MOTION for Attorney Fees and Costs, 230 MOTION to Supplement 205 MOTION for Attorney Fees and Costs / Plaintiff's Motion to Supplement His Request for Attorneys' Fees and Costs filed by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Rupcich, Joseph) (Entered: 02/17/2020)
Feb 18, 2020TEXT ORDER entered by Judge Sue E. Myerscough on 2/18/2020. Defendants' motion to continue the citation hearings set for February 28, 2020 before Magistrate Judge Schanzle-Haskins is denied 232 with leave to renew after Defendants either post a bond or provide to Plaintiff the documents sought by the citations. The clerk is directed to notify Magistrate Judge Schanzle-Haskins of this order. (KE, ilcd) (Entered: 02/18/2020)
238 Feb 19, 2020RequestREPLY to Response to Motion re 204 MOTION for Payment of Expert Witness Deposition Fees filed by Plaintiff William Kent Dean. (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 02/19/2020)
239 Feb 21, 2020RequestResponse by William Kent Dean re 236 Objection / Plaintiff's Response Opposing Defendants' Objections and in Support of His Bill of Costs. (Martin, Craig) (Entered: 02/21/2020)
240 Feb 21, 2020RequestMOTION for Leave to File / Unopposed Motion for Leave to File Reply in Support of Motion for Attorneys' Fees and Costs by Plaintiff William Kent Dean. Responses due by 3/6/2020 (Attachments: # 1 Exhibit A)(Martin, Craig) (Entered: 02/21/2020)
Feb 24, 2020TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 2/24/2020. Plaintiff's unopposed motion to file a reply is granted. 240 . The clerk is directed to separately docket the reply. (KE, ilcd) (Entered: 02/24/2020)
241 Feb 24, 2020RequestREPLY to Response to Motion re 205 MOTION for Attorney Fees and Costs filed by Plaintiff William Kent Dean. (KE, ilcd) (Entered: 02/24/2020)
242 Feb 25, 2020RequestSTATUS REPORT re Plaintiff's Motion for Payment of Expert Witness Deposition Fees [Dkt 204] by William Kent Dean. (Martin, Craig) (Entered: 02/25/2020)
Feb 26, 2020TEXT ORDER entered by Judge Sue E. Myerscough on 2/26/2020. Plaintiff's motion to order the payment of expert fees is moot. 204 . Plaintiff's represent that the experts have been paid. 242 . (KE, ilcd) (Entered: 02/26/2020)
243 Feb 26, 2020RequestMOTION to Stay Defendants' Renewed Motion to Stay Execution of the Judgment, Renewed Motion to Quash or Stay the Citation Proceedings and Motion to Approve Defendants' Bond and Other Security by Defendants Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. Responses due by 3/11/2020 (Attachments: # 1 Exhibit A)(Eaton, J) (Entered: 02/26/2020)
Feb 27, 2020TEXT ORDER: : Defendants' renewed motion to stay and approve bond/security is granted. 243 . The proposed bond attached to the motion is approved as well as the proposed security for the punitive damages against Defendants Nawoor and Einwohner. By March 3, 2020, Defendants are directed to post the supersedeas bond and file evidence of the transfer to escrow. The citation hearings are cancelled, and the citation proceedings are stayed. Execution of the judgment is stayed. Entered by Judge Sue E. Myerscough on 2/27/2020. (SG, ilcd) (Entered: 02/27/2020)
244 Feb 28, 2020RequestAFFIDAVIT Affidavit of Attorney Elizabeth E. Babbitt Presenting Evidence of the Transfer of Escrow by Rebecca Einwohner, Abdur Nawoor, Wexford Health Source. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Babbitt, Elizabeth) (Entered: 02/28/2020)
245 Feb 28, 2020RequestSUPERSEDEAS BOND. (Original Supersedeas Bond and Supporting documentation - Power of Attorney documents placed in clerk's office safe). Receipt #34626012083. (ME, ilcd) (Entered: 03/05/2020)
246 Mar 5, 2020Request+++ SEALED DOCUMENT - ORIGINAL DOCUMENT - SUPERSEDEAS BOND - UNREDACTED (ME, ilcd) (Entered: 03/05/2020)

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