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07-3116 - Edmisten v. Werholtz et al


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07-3116 - Edmisten v. Werholtz et al
March 6, 2008
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ORDER granting 71 Motion to Strike. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 03/06/08. (wl)
May 29, 2008
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MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE - The 102 MOTION for Default Judgment upon Defendant Adam Edelman, M.D. filed by Jonathan J. Edmisten is denied. Defendant Joseph Martin is ordered to show cause in writing, on or before 6/19/2008, why default judgment should not be entered against him in this matter. Plaintiff's 101 motion for default judgment against Joseph Martin shall be held under advisement. Signed by District Judge John W. Lungstrum on 05/29/2008.(ses)
May 30, 2008
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MEMORANDUM AND ORDER - 60 Motion to Dismiss Party Josie Norris is granted, and plaintiffs claims against Dr. Norris are dismissed, although plaintiff is granted leave to amend his complaint to allege facts to support such claims as set forth herein. The 87 Motion for Summary Judgment by defendants Correct Care Solutions (CCS), Dale Davis, Fred Cannon, Kim Palmer, and Adam Edelman (as sued in his official capacity only) is denied without prejudice. Plaintiff is granted leave to amend his complaint to allege facts to support claims against these defendants as set forth herein. The 94 Motion to Dismiss by defendants Kansas Department of Corrections (KDOC), Roger Werholtz, David McKune, Ray Roberts, and Ky Hoang is granted in part and denied in part. All claims against KDOC are dismissed. All claims for damages against these defendants in their official capacities are dismissed. Plaintiffs conspiracy claim against these defendants and his deliberate indifference claim against defendants Werholtz, McKune, and Roberts are dismissed, although plaintiff is granted leave to amend his complaint to allege facts to support such claims as set forth herein. The motion is denied in all other respects. The Magistrate Judge shall appoint counsel for plaintiff. Such counsel shall file plaintiffs amended complaint within 30 days after appointment. Defendants shall file answers or otherwise respond within 20 days thereafter. The Magistrate Judge shall issues orders sufficient to provide for discovery by the parties. Signed by District Judge John W. Lungstrum on 05/30/2008. (ses)
June 19, 2008
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ORDER Setting Deadline regarding 126 Response to 117 Order to Show Cause filed by Robert J. Martin: Plaintiff may file a reply, through appointed counsel, within twenty (20) days after appointment. Signed by District Judge John W. Lungstrum on 06/19/08.(mg)