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17-4110 - ROBERSON v. TALBOT et al


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17-4110 - ROBERSON v. TALBOT et al
December 28, 2017
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ENTRY - The motion to amend the complaint, dkt. 8, and motion for class certification, dkt. 9, are DENIED. Plaintiff Paul Roberson has through January 29, 2018, in which to file an amended complaint containing only his claims and no other plaintiffs, or to inform the Court he will proceed with the November 6, 2017, complaint as the operative complaint. Signed by Judge Tanya Walton Pratt on 12/28/2017. (JD)
January 10, 2018
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ENTRY - 12 Motion to Amend/Correct is granted. The clerk is directed to file the tendered attachment, dkt. 12-1, as plaintiff's first amended complaint. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Dr. Paul Talbot, Wexford Health Sources, and Corizon Medical Services in the manner specified by Rule 4(d). Process shall consist of the amended complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. See entry for details. Signed by Judge Tanya Walton Pratt on 1/10/2018. (Dr. Paul Talbot, Wexford Medical Services, and Corizon Medical Services) (MEJ)
March 1, 2018
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Entry Directing Development of Exhaustion Defense and Issuing Partial Stay - These defendants' exhaustion defense will be resolved pursuant to the following schedule. Dr. Paul Talbot and Wexford Health Services shall have through April 26, 2018, in which to either: file a dispositive motion in support of the exhaustion defense; file a notice with the Court specifically identifying the fact issue(s) that preclude resolution of this affirmative defense via a dispositive motion and requesting a Pavey hearing; or file a notice with the Court withdrawing the exhaustion defense. The failure to pursue any of these options by the above deadline constitutes an abandonment of the exhaustion defense. If a dispositive motion is filed, plaintiff shall have twenty-eight (28) days in which to respond. Defendants shall then have fourteen (14) days in which to reply. Except for activities associated with the development and resolution of defendants' affirmative defense that plaintiff failed to exhaust his administrative remedies prior to filing this action, or any other matter directed by the Court, any other activities or deadlines in the action are stayed. Discovery on the issue of exhaustion is allowed. Signed by Judge Tanya Walton Pratt on 3/1/2018. (MEJ)