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15-005 - Buchanan v. Kapur et al


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15-005 - Buchanan v. Kapur et al
March 11, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $61.06 within thirty (30) days from the date of this Order. Plaintiff is instructed to make her remittance payable to "Clerk, United States District Court," and to include upon it: (1) her name; (2) her prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days, without first showing good cause, the Court will dismiss this action without prejudice. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on or before April 11, 2015. IT IS FURTHER ORDERED that plaintiff's pro se motion for a preliminary injunction [Doc. #4] is DENIED, without prejudice. IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). Signed by District Judge Catherine D. Perry on 03/11/2015. (CBL)
September 26, 2016
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MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that defendants Hari Kapur, M.D., and Corizon, LLC's Motion for More Definite Statement 45 is GRANTED. IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this Order, plaintiff shall file an amended complaint in the following format: 1) Plaintiff shall set forth in the caption of the amended complaint the name of each defendant she wishes to sue. 2) Plaintiff shall set forth her "Statement of Claim" by listing the first defendants name, and under that name, she shall set forth in separate numbered paragraphs the allegations supporting her claim(s) as to that particular defendant, as well as the right(s) that she claims that particular defendant violated. Plaintiff shall proceed in this manner with each of the named defendants, separately setting forth each individual name and under that name, in numbered paragraphs, the allegations specific to that particular defendant and the right(s) that she claims that particular defendant violated. 3) The amended complaint must contain short and plain statements showing that plaintiff is entitled to relief; the allegations must be simple, concise, and direct; and the numbered paragraphs must each be limited to a single set of circumstances. 4) Plaintiff shall sign the amended complaint. Because an amended complaint replaces the original complaint and all previously-filed pleadings and supplements, plaintiff must include each and every one of the claims she wishes to pursue in the amended complaint. See, e.g., In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 928 (8th Cir. 2005). The amended complaint may not refer back to or incorporate by reference any previous complaints. IT IS FURTHER ORDERED that if plaintiff fails to timely comply with this Order, the Court will proceed on the amended complaint filed by appointed counsel (ECF #15). Signed by District Judge Catherine D. Perry on September 26, 2016. (MCB)
February 23, 2017
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Motion for the Appointment of Independent Expert Witness(es) 59 is DENIED. IT IS FURTHER ORDERED that plaintiff's Motion for Entry of Third Amended Case Management Order 58 is GRANTED in part. (See Full Order for amended deadlines.) Signed by District Judge Catherine D. Perry on 2/23/2017. (CBL)
April 26, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for extension of time 62 is granted only to the following extent: 1. Plaintiff shall provide her expert witness report to opposing counsel no later than May 24, 2017. Plaintiff shall arrange to have the expert witness made available for deposition by defendants no later than June 14, 2017. 2. Defendant shall disclose any expert witnesses and produce the reports required by Rule 26(a)(2), Federal Rules of Civil Procedure, no later than July 19, 2017. These expert witnesses shall be made available for depositions, and their depositions shall be completed, no later than August 21, 2017. 3. Plaintiff shall respond to defendants pending motion for summary judgment no later than July 10, 2017. This deadline will not be extended further. 4. Defendants shall file any reply brief no later than July 24, 2017 if they do not disclose an expert witness, and no later than August 30, 2017 if they do retain an expert witness. Signed by District Judge Catherine D. Perry on April 26, 2017. (MCB)
June 5, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion for reconsideration regarding the appointment of an independent expert witness 65 is denied to the extent she requests the appointment of an expert. To the extent plaintiff requests that she be permitted to respond to defendants' motion for summary judgment without the assistance of an expert, the motion is granted. Plaintiff shall file her response to defendants' motion for summary judgment no later than July 10, 2017. This deadline will not be extended further. Signed by District Judge Catherine D. Perry on 6/5/2017. (CBL)
September 11, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants Hari Kapur, M.D. andCorizon, LLC's Motion for Summary Judgment 55 is granted as to plaintiff Stephanie Marie Buchanan's Eighth Amendment claims of deliberate indifference to her serious medical needs, and these claims are dismissed with prejudice. IT IS FURTHER ORDERED that Buchanan's remaining state law claims of medical negligence are dismissed without prejudice pursuant to 28 U.S.C. ยง 1367(c)(3). IT IS FURTHER ORDERED that defendants' Motion for Entry of Order Granting Motion for Summary Judgment 69, based on Buchanans failure to respond to the motion, is denied as moot. Judgment is entered accordingly. Signed by District Judge Catherine D. Perry on September 11, 2017. (MCB)