Wagner v. Bidwell, et al

Federal Civil Lawsuit Maryland District Court, Case No. 1:97-cv-01963-CCB
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Summary

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Parties
No Logo George Van Wagner, III, Plaintiff
v.
No Logo Barbara K. Vona, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kathleen A Morse +1 970 748 2079 +1 970 748 2079

Represented by dhmh.state.md.us Law Firm Placeholder

Name Phone Fax E-Mail
Space Thomas W Keech +1 410 767 1234 +1 410 333 7183 tkeech@dhmh.state.md.us

Represented by Office of the Maryland Attorney General

Name Phone Fax E-Mail
Space J. Joseph Curran, Jr. +1 410 576 6300 +1 410 576 6880
No Logo Dennis R. Bidwell, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Earle B. Wilson +1 202 501 7364 +1 202 307 0592

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Lynne Ann Battaglia +1 410 209 4800 +1 410 260 1543
No Logo Harold A. Rose, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kathleen A Morse +1 970 748 2079 +1 970 748 2079

Represented by dhmh.state.md.us Law Firm Placeholder

Name Phone Fax E-Mail
Space Thomas W Keech +1 410 767 1234 +1 410 333 7183 tkeech@dhmh.state.md.us

Represented by Office of the Maryland Attorney General

Name Phone Fax E-Mail
Space J. Joseph Curran, Jr. +1 410 576 6300 +1 410 576 6880
No Logo Margaret Hambrick, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Earle B. Wilson +1 202 501 7364 +1 202 307 0592

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Lynne Ann Battaglia +1 410 209 4800 +1 410 260 1543
No Logo Marie Graham, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Earle B. Wilson +1 202 501 7364 +1 202 307 0592

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Lynne Ann Battaglia +1 410 209 4800 +1 410 260 1543
No Logo Sandra Howard, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Earle B. Wilson +1 202 501 7364 +1 202 307 0592

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Lynne Ann Battaglia +1 410 209 4800 +1 410 260 1543
United States of America United States of America, Defendant
Officially listed as "USA"
Attributes
Office Baltimore
Filed 6/18/1997
Jury Demand Plaintiff
Demand $0
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Allegany
Terminated 1/28/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, LEAD
Timeline
  Entries (39) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 3/25/1999, Entered: 3/26/1999 Appeal Record Returned
Record on appeal returned from U.S. Court of Appeals: (Appeal Judgement Doc'd in 96-4070) (sls, Deputy Clerk)
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Blank 33 Filed: 1/28/1998, Entered: 1/30/1998 OrderCourt Filing
ORDER "Dismissing" without prejudice all claims by Robert Romito; "Denying" as moot all motions for temporary retraining orders or preliminary injunctions; "Advising" that Mr. Van Wagner's Motion for Leave to File Judicial Notice of Adjudication of Facts, is construed as a Supplemental Memorandum in Opposition to Summary Judgment and was considered as such; "Granting" Motion of Defendants Harold Rose and Barbara Vona for Summary Judgment; "Granting" Motion of the Federal Defendants for Summary Judgment as follows, "Dismissing" without prejudice all claims under the Federal Tort Claims Act relating to medical care at FCI Cumberland, "Denying" as moot all claims for declaratory and/or injunctive relief based on events that took place at FCI Schuykill; "Granting" Summary Judgment on all claims concerning events at FCI Petersburg and FCI Butner, "Granting" Summary Judgment on all claims concerning the employment of health care providers at FCI Cumberland who are not licensed by the State of Maryland, "Granting" Summary Judgment on all claims that the medical care provided at FCI Cumberland is constitutionally inadequate; "Denying" Mr. Van Wagner's Motion for Summary Judgment; "Denying" the Petition for Writ of Habeas Corpus; "Entering" judgment in favor of all Defendants and against George Van Wagner; and "Directing" Clerk to close cases, as therein set forth. ( signed by Judge Catherine C. Blake 1/27/98 ) (c/m: 1/27/98 bj) (microfilmed 1/30/98 bh) (COPY - ORIGINAL FILED IN CCB-96-4070) (bmh, Deputy Clerk)
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Blank 32 Filed: 1/28/1998, Entered: 1/30/1998 MemorandumCourt Filing
MEMORANDUM ( signed by Judge Catherine C. Blake 1/27/98 ) (c/m: 1/27/98 bj) (COPY - ORIGINAL FILED IN CCB-96-4070) (bmh, Deputy Clerk) Modified on 01/30/1998
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Blank -- Filed: 1/28/1998, Entered: 1/30/1998 Terminated Case
Case closed (1:96-cv-04070 1:96-cv-04070) (bmh, Deputy Clerk)
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Blank 31 Filed: 11/7/1997, Entered: 11/12/1997 Motion for Extension of Time
MOTION by George Van Wagner III in 1:97-cv-01963 to Extend Time within which to respond to defendants Vona and Rose's Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment . (cmh, Deputy Clerk)
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Blank 28 Filed: 11/5/1997, Entered: 11/5/1997 Rule
Rule 12/56 letter mailed to parties. (bmh, Deputy Clerk)
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Blank 30 Filed: 11/4/1997, Entered: 11/6/1997 OrderCourt Filing
ORDER "Directing" Clerk to transfer Civil Action No. CCB-96-4070 from the Honorable Peter J. Messitte to the Honorable Catherine C. Blake; "Granting" motion of Defendants to Consolidate Cases CCB-97-1963; CCB-96-4070 and CCB-97-2465; "Granting" motion of Defendants' to Consolidate this case with Case Nos. CCB-97-2465 and CCB-97-1963; "Directing" Civil Action Nos. CCB-96-4070, CCB-97-1616, CCB-97-1963 and CCB-97-2465 are CONSOLIDATED; "Denying" as moot Motion of Plaintiff Van Wagner for Judge James Robertson to Withdraw Voluntarily as Judge (CCB-97-2465); "Denying" Motion of Plaintiff Van Wagner to Certify Class (CCB-96-4070 and CCB-97-1963); "Denying" without prejudice Plaintiff Van Wagner's Motion for Discovery (CCB-97-1963); "Dismissing" all claims by Philip Corso and Paul Debruyn; "Directing" Defendants Dennis Bidwell, Marie Graham, Sandra Howard, Margaret Hambrick, and United States of America to file an answer or other responsive pleadings to the allegations in CCB-97-1963 within 20 days; "Granting" Defendants Motion for Extension of Time (CCB-97-2465); "Directing" Defendants Dennis Bidwell, Marie Graham, Sandra Howard, Margaret Hambrick, A. Victoria, M. Rongo, Kenneth Moritsvgu, Quincy Heck, George Wigen, the Bureau of Prisons, Office of Personnel Management, Department of Justice and the United States of America to supplement their prior motions within 20 days; and "Directing" Defendants Harold Rose and Barbara Vona to file a motion for summary judgment or a motion to dismiss within 20 days, as therein set forth. ( signed by Judge Catherine C. Blake 10/31/97 ) (c/m: 11/5/97 bj) (COPY - ORIGINAL FILED IN CCB-96-4070) (bmh, Deputy Clerk)
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Blank 29 Filed: 11/4/1997, Entered: 11/6/1997 MemorandumCourt Filing
MEMORANDUM ( signed by Judge Catherine C. Blake 10/31/97 )(c/m: 11/5/97 bj) (COPY - ORIGINAL FILED IN CCB-96-4070) (bmh, Deputy Clerk)
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Blank -- Filed: 11/4/1997, Entered: 11/7/1997 Create Case Association
Consolidated Member Case. Lead Case Number: 1cv96 -4070 (bmh, Deputy Clerk)
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Blank -- Filed: 11/4/1997, Entered: 11/7/1997 Create Case Association
Consolidated Lead Case (bmh, Deputy Clerk)
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Blank -- Filed: 11/4/1997, Entered: 11/7/1997 Remark
FOR ALL SUBSEQUENT PLEADINGS SEE CIVIL CASE NO. CCB-96-4070. (bmh, Deputy Clerk)
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Blank 27 Filed: 11/3/1997, Entered: 11/5/1997 Motion to Dismiss
MOTION with memorandum in support by Defendants Harold A. Rose and Barbara K. Vona to Dismiss , or, in the Alternative, for Summary Judgment ; and Attachments 1-3. (c/s) (bmh, Deputy Clerk)
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Blank 26 Filed: 10/27/1997, Entered: 10/29/1997 Response in Opposition
RESPONSE by Plaintiff George Van Wagner III in opposition to [25-1] motion for Consolidation by Defendants Marie Graham and Dennis R. Bidwell. (bmh, Deputy Clerk)
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Blank 25 Filed: 10/15/1997, Entered: 10/17/1997 Motion for Miscellaneous Relief
MOTION by Defendants for Consolidation (bmh, Deputy Clerk)
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Blank 24 Filed: 9/26/1997, Entered: 10/2/1997 Motion for Default Judgment
MOTION/REQUEST by Plaintiff George Van Wagner III for Default Judgment against Defendants Dennis R. Bidwell, Marie Graham, Sandra Howard, Margaret Hambrick and USA (bmh, Deputy Clerk)
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Blank 23 Filed: 9/11/1997, Entered: 9/12/1997 Motion for Discovery
MOTION by Plaintiff George Van Wagner III for Discovery (bmh, Deputy Clerk)
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Blank 22 Filed: 9/9/1997, Entered: 9/10/1997 Affidavit
AFFIDAVIT of Abu A. Ali. Re: [21-1] motion to Certify Class by George Van Wagner III. (bmh, Deputy Clerk)
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Blank 21 Filed: 9/8/1997, Entered: 9/10/1997 Motion to Certify Class
MOTION by Plaintiff George Van Wagner III to Certify Class (bmh, Deputy Clerk)
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Blank 20 Filed: 9/2/1997, Entered: 9/5/1997 Response
RESPONSE by Plaintiff George Van Wagner III to [15-1] answer by Defendants Harold A. Rose and Barbara K. Vona. (bmh, Deputy Clerk)
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Blank 19 Filed: 9/2/1997, Entered: 9/5/1997 Response
RESPONSE by Plaintiff George Van Wagner III to [9-1] motion to Consolidate Cases CCB-97-1963 and CCB-96-4070 by Defendants Margaret Hambrick, Sandra Howard, Marie Graham and Dennis R. Bidwell. (bmh, Deputy Clerk)
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Blank 18 Filed: 8/25/1997, Entered: 8/27/1997 Response
RESPONSE by Plaintiff George Van Wagner III to [8-1] Response of the United States to the Court's Order, Re: Service of Process on the Defendants; and Exhibits A-C. (bmh, Deputy Clerk)
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Blank 17 Filed: 8/25/1997, Entered: 8/27/1997 Reply to Response to Motion
REPLY Memorandum by Defendants Dennis R. Bidwell, Marie Graham, Sandra Howard, Margaret Hambrick and the United States of America in Further Support of [9-1] motion to Consolidate Cases CCB-97-1963 and CCB-96-4070 by Defendants Margaret Hambrick, Sandra Howard, Marie Graham, Dennis R. Bidwell. (bmh, Deputy Clerk) Modified on 08/27/1997
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Blank 16 Filed: 8/25/1997, Entered: 8/27/1997 Motion for TRO
MOTION with memorandum in support by Plaintiff George Van Wagner III for Temporary Restraining Order , and for Preliminary Injunction ; and Declaration in Support. (bmh, Deputy Clerk)
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Blank 15 Filed: 8/20/1997, Entered: 8/21/1997 Answer
ANSWER to Complaint by Barbara Defendants K. Vona and Harold A. Rose (Attorney Thomas W. Keech, J. Joseph Curran Jr.). (c/s) (bmh, Deputy Clerk)
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Blank 14 Filed: 8/18/1997, Entered: 8/21/1997 Motion to Consolidate Cases
MOTION by Plaintiff George Van Wagner III to Consolidate Cases, Civil Nos. CCB-97-1963 and PJM-96-4070 (bmh, Deputy Clerk)
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Blank 8 Filed: 8/6/1997, Entered: 8/8/1997 Response
RESPONSE of the United States to [4-1] order regarding service, "Accepting" service as to Defendants Dennis R. Bidwell, Marie Graham, Sandra Howard and Margaret Hambrick in the official capacities and "Refusing" as to Defendants Dennis R. Bidwell, Marie Graham, Sandra Howard and Margaret Hambrick in the individual capacities. (bmh, Deputy Clerk)
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Blank 9 Filed: 8/5/1997, Entered: 8/8/1997 Motion to Consolidate Cases
MOTION by Defendants Dennis R. Bidwell, Marie Graham, Sandra Howard, and Margaret Hambrick to Consolidate Cases CCB-97-1963 and CCB-96-4070 (c/s) (bmh, Deputy Clerk) Modified on 08/08/1997
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Blank 13 Filed: 7/31/1997, Entered: 8/8/1997 Summons Returned Executed
RETURN OF SERVICE executed as to Defendant Margaret Hambrick 7/21/97 Answer due on 8/10/97 for Margaret Hambrick. (c/s) (bmh, Deputy Clerk)
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Blank 12 Filed: 7/31/1997, Entered: 8/8/1997 Summons Returned Executed
RETURN OF SERVICE executed as to Defendant Dennis R. Bidwell 7/18/97 Answer due on 8/7/97 for Dennis R. Bidwell. (c/s) (bmh, Deputy Clerk)
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Blank 11 Filed: 7/31/1997, Entered: 8/8/1997 Summons Returned Executed
RETURN OF SERVICE executed as to Defendant Barbara K. Vona 7/21/97 Answer due on 8/10/97 for Barbara K. Vona. (c/s) (bmh, Deputy Clerk) Modified on 08/08/1997
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Blank 10 Filed: 7/31/1997, Entered: 8/8/1997 Summons Returned Executed
RETURN OF SERVICE executed as to Defendant Harold A. Rose 7/21/97 Answer due on 8/10/97 for Harold A. Rose. (c/s) (bmh, Deputy Clerk)
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Blank 7 Filed: 7/17/1997, Entered: 7/21/1997 Summons Returned Executed
RETURN OF SERVICE executed by hand-delivering as to Sandra Howard, Marie Graham 7/14/97. Answer due on 8/4/97 for Sandra Howard, for Marie Graham. (cmh, Deputy Clerk)
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Blank 6 Filed: 7/14/1997, Entered: 7/16/1997 Motion for Miscellaneous Relief
MOTION by Plaintiff George Van Wagner III to Serve the United States Attorney General (bmh, Deputy Clerk)
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Blank 5 Filed: 7/8/1997, Entered: 7/8/1997 Summons Issued
SUMMONS(ES) (60 days) issued for Dennis R. Bidwell, Marie Graham, Sandra Howard, Margaret Hambrick, Harold A. Rose, Barbara K. Vona, USA. (Eight Service Copies Mailed To Plaintiff For Individual Capacity Service 7/8/97-cmh) (cmh, Deputy Clerk)
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Blank 4 Filed: 7/7/1997, Entered: 7/8/1997 OrderCourt Filing
ORDER ( signed by Judge Catherine C. Blake 7/7/97 ) "directing" that Plaintiff shall be required to inform this Court of any change of address during the pendency of this action; "directing" that the Clerk shall mail a copy of this Order and the complaint to (1) AUSA Kay Allison; (2) Deputy General Counsel for the Bureau of Prisons; and (3) USA Lynne Battaglia for the District of Maryland to effect service of process on the Federal Defendants in their official capacity, with counsel notifying this Court in writing within twenty (20) days after receipt of all documents as to whether they are willing to accept service by mail; "directing" that the Clerk shall mail a copy of this Order and the complaint to AAG Daniel J. O'Brien, Jr. to effect service of process on the State Defendants, with counsel notifying this Court in writing within twenty (20) days after receipt of all documents as to whether he is willing to accept service by mail on behalf of defendants Rose and Vona; "directing" that the Clerk shall mail a copy of this Order to Plaintiff and shall issue prepared summons to the Plaintiff so that he may effect service of process on the defendants in their individual capacities; and "directing" that the defendants are to answer Plaintiff's complaint, as therein set forth. (c/m 7/7/97 bj) (cmh, Deputy Clerk)
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Blank 3 Filed: 7/7/1997, Entered: 7/8/1997 OrderCourt Filing
ORDER "denying" [2-1] motion of Plaintiff for a Preliminary Injunction; and/or "denying" [2-2] motion of Plaintiff for Temporary Restraining Order. ( signed by Judge Catherine C. Blake 7/7/97 ) (c/m 7/7/97 bj) (cmh, Deputy Clerk)
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Blank 2 Filed: 6/18/1997, Entered: 6/25/1997, Terminated: 7/7/1997 Motion for Preliminary Injunction
MOTION with memorandum in support by George Van Wagner III for Preliminary Injunction , and/or for Temporary Restraining Order and Exhibit A. (bmh, Deputy Clerk)
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Blank 1 Filed: 6/18/1997, Entered: 6/25/1997 Jury Demand
DEMAND for jury trial by George Van Wagner III (bmh, Deputy Clerk)
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Blank 1 Filed: 6/18/1997, Entered: 6/25/1997 Complaint
COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # B141750 (bmh, Deputy Clerk)
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