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18-359 - Blaine v. UConn Health Care et al


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18-359 - Blaine v. UConn Health Care et al
March 16, 2018
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INITIAL REVIEW ORDER. All claims against the CMHC, Dr. Palie, and Nurse Walker are dismissed.The plaintiff's Eighth Amendment claim for deliberate indifference to medical needs and state law medical malpractice claim may proceed against Burns in her individual capacity for damages and injunctive relief. The clerk shall verify the current work address for Nurse Burns with theDepartment of Correction Office of Legal Affairs, mail a waiver of service of process request packet containing the complaint to her at the confirmed address within twenty-one (21) days of this Order, and report to the court on the status of the waiver request on the thirty-fifth (35th) day after mailing. If Burns fails to return the waiver request, the clerk shall make arrangements for in-person service by the U.S. Marshals Service on her, and she shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d).Burns shall file her response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to her. If she chooses to file an answer, she shall admit or deny the allegations and respond to the cognizable claims recited above. She may also include any and all additional defenses permitted by the Federal Rules.Discovery, pursuant to Fed. R. Civ. P. 26-37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the court.All motions for summary judgment shall be filed within seven months (210 days) from the date of this order.Signed by Judge Michael P. Shea on 3/16/2018. (Mac Dougall, S.)
July 17, 2018
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ORDER. For the reasons set forth in the attached, the Court orders as follows:(1) The 9 motion to amend the complaint is GRANTED. The [9-1] amended complaint is now the operative complaint, and the clerk is directed to docket it as a separate entry. (2) The Eighth Amendment claim for deliberate indifference to serious medical needs may proceed against Nurse Burns in her individual capacity for damages and against Dr. Pillai in his individual capacity for damages and in his official capacity for injunctive and declaratory relief. All other claims are dismissed.(3) The clerk shall verify the current work address for Dr. Pillai with the DOC Office of Legal Affairs, mail a waiver of service of process request packet containing the amended complaint to him at the confirmed address within twenty-one (21) days of this Order, and report to the court on the status of the waiver request on the thirty-fifth (35th) day after mailing. If Dr. Pillai fails to return the waiver request, the clerk shall make arrangements for in-person service by the U.S. Marshals Service on him, and he shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(4) The Clerk shall prepare a summons form and send an official capacity service packet to the U.S. Marshal Service. The U.S. Marshal is directed to effect service of the amended complaint on Dr. Pillai in his official capacity at the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141, within twenty-one (21) days from the date of this order and to file a return of service within thirty (30) days of the date of this order.(5) Nurse Burns and Dr. Pillai shall file their response to the amended complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to Dr. Pillai. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They may also include any and all additional defenses permitted by the Federal Rules. (6) Discovery, pursuant to Federal Rule of Civil Procedure 26-37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the court.(7) All motions for summary judgment shall be filed within seven months (210 days) from the date of this order.(8) Pursuant to District of Connecticut Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection.(9) If the plaintiff changes his address at any time during the litigation of this case, District of Connecticut Local Rule 83.1(c)2 provides that he MUST notify the court. Failure to do so can result in the dismissal of the case. The plaintiff must give notice of a new address even if he is incarcerated. The plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If the plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. The plaintiff should also notify defendants or defense counsel of his new address.(10) The 10 motion for appointment of counsel is DENIED without prejudice subject to refiling at a later stage of litigation.(11) The 12 motion directing the defendants to respond to the amended complaint is DENIED as moot.Signed by Judge Michael P. Shea on 7/17/2018. (Barclay, Michael)