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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.)