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13-136 - Berman v. Durkin et al


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13-136 - Berman v. Durkin et al
April 25, 2014
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DISCOVERY DECISION and ORDER: In order to accommodate the Court's directives above, the Scheduling Order is amended as follows: (1) the discovery deadline is July 15, 2014. Other than depositions and the production of information as directed above, no further written demands will be permitted; and (2) the final day to file dispositive motions is September 12, 2014. Based upon the foregoing, it is hereby ORDERED that Berman's Motions to Compel, Dkt. Nos. 52 and 65, are granted in part and denied in part, consistent with the directions above; and it is further ORDERED that the Scheduling Order is amended consistent with the directions above; and it is further ORDERED that the Clerk of the Court mail a copy of the Discovery Decision and Order to Barry Berman at his last known address. Signed by Magistrate Judge Randolph F. Treece on 4/24/2014. (ptm) (Copy served on plaintiff by regular mail at his last known address)
March 3, 2015
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that Defendants' partial Motion for Judgment on the Pleadings (Dkt. No. 86) be GRANTED IN PART AND DENIED IN PART as follows: 1) DENIED as to Plaintiff's Eighth Amendment claims for deliberate indifference to his serious medical needs; 2) GRANTED as to Plaintiff's ADA and Rehabilitation claims, which should be DISMISSED WITH PREJUDICE; 3) GRANTED as to Plaintiff's claims against the Defendants in their official capacities; 4) GRANTED as to claims pled against Defendants Lozier, Koeningsmann, LaValley, and Longerman, and these Defendants should be DISMISSED from this action. ORDERED, that Plaintiff's Motion to Amend (Dkt. No. 92) is GRANTED IN PART AND DENIED IN PART as follows: 1) GRANTED to the limited extent Plaintiff seeks to identify G. King as John Doe #4 and add additional facts in support of the Eighth Amendment medical indifference claim; 2) DENIED in all other respects. ORDERED, that should the assigned District Judge accept the above recommendations, Plaintiff should be directed to submit for review a Proposed Amended Complaint that is consistent with the Court's directives.( Objections to R&R due by 3/20/2015, Case Review Deadline 3/24/2015). Signed by Magistrate Judge Randolph F. Treece on 3/3/15. {r&r/order served via regular mail and via certified mail/return receipt on plaintiff}(nas, )
March 31, 2015
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 112) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' partial Motion (Dkt. No. 86) for judgment on the pleadings is GRANTED in part as to: (1) Plaintiff's claims under the Americans with Disabilities Act and Rehabilitation Act; (2) Plaintiff's claims against Defendants in their official capacities; and (3) Plaintiff's claims against Defendants C. Lozier, Dr. Koeningsmann, Thomas LaValley, and Longerman. ORDERED, that Defendants' partial Motion (Dkt. No. 86) for judgment on the pleadings is DENIED in part as to Plaintiff's Eighth Amendment claims for deliberate indifference to his serious medical needs. ORDERED, that Plaintiff's ADA and Rehabilitation claims are DISMISSED with prejudice. ORDERED, that Defendants C. Lozier, Dr. Koeningsmann, Thomas LaValley, and Longerman are DISMISSED as Defendants in this case. ORDERED, that Plaintiffs Motion (Dkt. No. 92) to amend is GRANTED in part to the extent Plaintiff seeks to identify G. King as John Doe #4 and add additional facts in support of the Eighth Amendment medical indifference claim, and DENIED in all other respects. ORDERED, that the Clerk substitute G. King as John Doe #4. ORDERED, that Plaintiff submit a proposed Amended Complaint consistent with the Report-Recommendation. Signed by Senior Judge Lawrence E. Kahn on 3/31/15. {order served via regular mail on plaintiff}(nas)
March 10, 2017
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that Defendants' Motion for Summary Judgment (Dkt. No. 190) be GRANTED as to Plaintiff's Eighth Amendment deliberate indifference claims against Defendants Dr. Ramineni and Dr. Mannava who should be dismissed as Defendants to this action. GRANTED as to the Doe Defendants who should also be dismissed as Defendants to this action; and DENIED in all other respects. RECOMMENDED, that if the Court's recommendations are accepted, that this matter be deemed trial ready and an exhaustion hearing should be scheduled prior to such trial. Objections to R&R due by 3/27/2017 Case Review Deadline 3/31/2017. Signed by Magistrate Judge Daniel J. Stewart on 3/10/17. {r&r served via regular mail on plaintiff}(nas, )
March 31, 2017
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ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 200) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 190) is GRANTED as to Plaintiff's Eighth Amendment deliberate indifference claims against defendants Dr. Ramineni and Dr. Mannava and as to the claims against the Doe Defendants, and DENIED in all other respects. ORDERED, that the Clerk of the Court terminate Dr. Ramineni, Dr. Mannava, and the Doe Defendants from this action. ORDERED, that this matter is trial ready and an exhaustion hearing conducted by the magistrate judge shall be held before trial. Signed by Senior Judge Lawrence E. Kahn on 3/3117.{order served via regular mail and via certified mail on plaintiff} (nas, )