Case: Bennett v. Spectrum Healthcare

1:02-cv-04993 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 16, 2002

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 16, 2002, in the U.S. District Court for the District of New Jersey, private counsel representing a group of New Jersey state prisoners filed a lawsuit pursuant to 42 U.S.C. § 1983 against contract medical care providers, their executives, and New Jersey corrections officials. In that complaint and a later, amended version, the prisoners alleged that they and their class had been exposed in the state's prisons to the Hepatitis C virus (HCV), or had been admitted to the prisons but not treated for the virus, or had contracted the virus in the prisons. They attributed these conditions to the deliberate indifference of the defendants, which allegedly violated the Eighth and Fourteenth Amendments' protections against cruel and unusual punishment. The plaintiffs also alleged that the defendants' conduct constituted negligence, medical malpractice, intentional infliction of emotional distress, and negligent infliction of emotional distress under state common law, and that the conduct also violated the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq. The plaintiffs sought monetary and injunctive relief. The class plaintiffs sought to represent included all past or present New Jersey state prisoners from between January 1990, and the date of filing the amended complaint, whether or not they had contracted HCV. By the time the court adjudicated the class action issue, in May 2008, the New Jersey Department of Corrections had adopted major changes in how people with HCV were treated. According to papers filed with the court, its new program lined up with the federal Bureau of Prisons approach. In particular, the court (Judge Noel Hillman) found: a. The health care provider for the department, CMS, subcontracted with the Cooper Health System and its Infectious Disease Department to provide infectious disease consultations to inmates. Cooper Hospital is also in the process of reviewing every HCV inmate's medical care to assure compliance with the FBOP's HCV Guidelines. b. All inmates who meet the treatment criteria in the FBOP's HCV Guidelines are offered HCV pharmacologic treatment which they can accept or reject. Inmates who accept HCV medications are given a combination of pegylated interferon in combination with ribavirin. This pharmacologic treatment is FDA approved and recommended for use in the FBOP's HCV guidelines. c. Inmates in New Jersey, including in excess of 7,000 admitted prior to February 1, 2003, have been given a Blood Borne Pathogen Risk Assessment. Inmates identified with a positive risk factor for HCV have been encouraged to consent to a HCV test. d. Any inmate who requests an HCV test is given the test. e. All inmates are given extensive counseling and education materials, a NJDOC video on HCV and direct communications with their healthcare providers. f. The inmates' Electronic Medical Records have been updated with comprehensive HCV forms to assure more consistent and thorough HCV documentation. g. The care and treatment of all HCV inmates is closely tracked. h. CMS compiles and analyzes statistical data regarding New Jersey's HCV program to measure and analyze the effectiveness of the program. The data is shared with the NJDOC. i. The NJDOC monitors the HCV care and treatment given to inmates and CMS is subject to contractual penalties if it does not comply with its contract. Given that the injunctive relief requested by the plaintiffs was this same set of reforms, Judge Hillman denied the request for injunctive relief as moot. In addition, the court found that only prisoners who already had HCV were appropriate plaintiffs in the case--and that there was no evidence that this subset of the putative plaintiffs class was sufficiently numerous to justify class action status. It therefore denied class certification. As to two individual class members who had HCV, the court held there was sufficient evidence in the record to go to trial on their constitutional claims (though not on their Americans with Disabilities Act claims), and denied the state's motion for summary judgment. In October 2009, the case settled for money damages. It seems from some papers filed by one of the plaintiffs that he may never actually have received his money, but when he sought the assistance of the court in enforcing the settlement against his lawyer, Judge Hillman ruled that the court lacked jurisdiction, and directed him to file a collection action in state court.

Summary Authors

Clearinghouse (10/13/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5742192/parties/bennett-v-spectrum-healthcare/

Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Attorney for Plaintiff

Feldman, Laura (Pennsylvania)

Attorney for Defendant

Campbell, Sarah Brie (New Jersey)

Chewning, Kerri E. (New Jersey)

Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Rosen, Joel B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorney for Plaintiff

Feldman, Laura (Pennsylvania)

Marrone, Thomas More (Pennsylvania)

McDermott, J. Bradley (Pennsylvania)

Pinto, Rosemary (Pennsylvania)

Weinstock, Daniel S. (New Jersey)

Attorney for Defendant

Campbell, Sarah Brie (New Jersey)

Chewning, Kerri E. (New Jersey)

Kuhn, Victoria L. (New Jersey)

Lesneski, Gary J. (New Jersey)

Moratti, Dianne M. (New Jersey)

Schneider, Joel (New Jersey)

Scott, Jeffrey M. (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:02-cv-04993	Docket [PACER]	Oct. 15, 2010	Oct. 15, 2010 Docket
27 1:02-cv-04993	Amended Class Action Complaint Bennett v. Correctional Medical Services	July 25, 2003	July 25, 2003 Complaint
84 1:02-cv-04993	Protective Order Bennett v. Correctional Medical Services	Nov. 15, 2005	Nov. 15, 2005 Order/Opinion
88 1:02-cv-04993	Order [re: Partial Summary Judgment] Bennett v. Correctional Medical Services	Dec. 21, 2005	Dec. 21, 2005 Order/Opinion
144 1:02-cv-04993	Order [re: Motion to Compel]	Feb. 9, 2007	Feb. 9, 2007 Order/Opinion
168 1:02-cv-04993	Opinion Bennett v. Correctional Medical Services	May 14, 2008	May 14, 2008 Order/Opinion 2008 WL 2064202
169 1:02-cv-04993	Order Bennett v. Correctional Medical Services	May 14, 2008	May 14, 2008 Order/Opinion
180 1:02-cv-04993	[Requesting an Order]	May 20, 2010	May 20, 2010 Pleading / Motion / Brief
182 1:02-cv-04993	Order	Oct. 15, 2010	Oct. 15, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5742192/bennett-v-spectrum-healthcare/

Last updated April 6, 2025, 11:02 a.m.

ECF Number	Date	Description	Link
1	Oct. 16, 2002	COMPLAINT filed; jury demand; FILING FEE $150.00; RECEIPT #298052 (mfs) Additional attachment(s) added on 2/8/2005 (sk, ). (Entered: 10/21/2002)	PACER
2	Oct. 21, 2002	NOTICE of Allocation and Assignment filed. ( Camden − Judge Stephen M. Orlofsky − Magistrate Judge Joel B. Rosen) (NM) (mfs) (Entered: 10/21/2002)	PACER
	Oct. 21, 2002	SUMMONSES issued for SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, DWIGHT HUTCHINSON (20 Days) (Mailed to Counsel) (mfs) (Entered: 10/21/2002)	PACER
3	Nov. 18, 2002	RETURN OF SERVICE executed personally as to DWIGHT HUTCHINSON 11/8/02 Answer due on 12/2/02 for DWIGHT HUTCHINSON (sb) (Entered: 11/20/2002)	PACER
4	Nov. 20, 2002	LETTER By WALTER BENNETT for issuance of summons upon the STATE OF NJ. (ar1) (Entered: 11/21/2002)	PACER
	Nov. 20, 2002	SUMMONS issued for THE STATE OF NJ. (20 Days) (Mailed to Counsel) (ar1) (Entered: 11/21/2002)	PACER
5	Dec. 6, 2002	WAIVER OF SERVICE RETURNED EXECUTED as to DWIGHT HUTCHINSON 11/8/02 Answer deadline projected for 1/7/03. (ar1) (Entered: 12/09/2002)	PACER
6	Dec. 10, 2002	NOTICE of attorney appearance for SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA by JOEL SCHNEIDER (Cert of Serv) (sb) (Entered: 12/16/2002)	PACER
8	Jan. 3, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA on 11/20/02 Answer deadline projected for 1/20/03. (ar1) (Entered: 01/06/2003)	PACER
9	Jan. 7, 2003	LETTER By WALTER BENNETT for issuance of alias summons upon deft. STATE OF NEW JERSEY. (ar1) (Entered: 01/07/2003)	PACER
10	Jan. 7, 2003	APPLICATION by DWIGHT HUTCHINSON and Clerk's Order extending time to answer. Answer due 1/22/03. (ar1) (Entered: 01/08/2003)	PACER
	Jan. 7, 2003	ALIAS SUMMONS issued for THE STATE OF NJ. (20 Days)(Mailed to Counsel) (ar1) (Entered: 01/07/2003)	PACER
11	Jan. 8, 2003	ORDER, setting scheduling conference for 3:30pm on 2/18/03 . ( signed by Mag. Judge Joel B. Rosen ) (NM) (ar1) (Entered: 01/08/2003)	PACER
12	Jan. 15, 2003	RETURN OF SERVICE executed as to THE STATE OF NJ 1/9/03 Answer due on 1/29/03. (ar1) (Entered: 01/16/2003)	PACER
13	Jan. 30, 2003	NOTICE of attorney appearance as co−counsel for WALTER BENNETT by ROSEMARY PINTO. (ar1) (Entered: 01/31/2003)	PACER
14	Feb. 3, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to THE STATE OF NJ 1/9/03 Answer deadline projected for 3/10/03. (ar1) (Entered: 02/05/2003)	PACER
15	Feb. 4, 2003	CONSENT ORDER that the time within which all defendants may answer or otherwise plead is hereby extended to February 14, 2003. (signed by Mag. Judge Joel B. Rosen) (NM) (er) Modified on 02/21/2003 (Entered: 02/05/2003)	PACER
16	Feb. 14, 2003	Notice of Intent to submit a Dispositive motion to dismiss portions of the complaint and for summary judgment by SPECTRUM HEALTHCARE, CORRECTIONAL MEDICAL, LOUIS TRIPOLL AND WILLIAM ANDRADA. (ar1) (Entered: 02/19/2003)	PACER
17	Feb. 24, 2003	Notice of Intent to submit a Dispositive motion to dismiss and or for summary judgment by DWIGHT HUTCHINSON AND THE STATE OF NJ. (ar1) (Entered: 02/24/2003)	PACER
18	Feb. 27, 2003	Notice of MOTION for Derrick Howard, Esquire to appear pro hac vice by WALTER BENNETT, [18−1] motion referred to Mag. Judge Joel B. Motion set for 4/4/03 on [18−1] motion . (PO Subm)(Cert of Svc annexed with certification of Rosemary Pinto and affidavit Derrick Howard) (ar1) (Entered: 02/28/2003)	PACER
19	March 10, 2003	LETTER addressed to Judge Rosen by DWIGHT HUTCHINSON AND THE STATE OF NJ; Re: no opposition on motions for pro hac vice and dispositive briefing schedule. (ar1) (Entered: 03/10/2003)	PACER
	April 1, 2003	Scheduling conference held before Mag. Judge Joel B. Rosen on 4/1/03. (js) (Entered: 04/02/2003)	PACER
20	April 3, 2003	SCHEDULING ORDER setting Status conference for 4:00pm on 6/10/03. ( signed by Mag. Judge Joel B. Rosen )(NM) (ar1) (Entered: 04/03/2003)	PACER
21	April 11, 2003	AFFIDAVIT of Merit by David Zisa, M.D. on behalf of WALTER BENNETT. (ar1) (Entered: 04/11/2003)	PACER
22	April 28, 2003	ORDER granting [18−1] motion for Derrick Howard, Esquire to appear pro hac vice. (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 04/29/2003)	PACER
23	May 15, 2003	Notice of MOTION for leave to file amended complaint by WALTER BENNETT, Motion set for 6/20/03 on [23−1] motion . (Brief/PO Subm) (db) (Entered: 05/19/2003)	PACER
24	May 29, 2003	ORDER reassigning this action from Judge Orlofsky to Judge Wolfson. (signed by Chief Judge John W. Bissell) (NM) (db) (Entered: 05/29/2003)	PACER
	June 30, 2003	Phone Status conference held before Mag. Judge Joel B. Rosen on 6/30/03. (js) (Entered: 07/02/2003)	PACER
25	July 24, 2003	Notice of MOTION for Alan M. Feldman, Esq. to appear pro hac vice by WALTER BENNETT [25−1] motion referred to Mag. Judge Joel B. Rosen Motion set for 9/5/03 on [25−1] motion . (PO Subm) (Cert of Serv) (sb) (Entered: 07/24/2003)	PACER
26	July 24, 2003	CERTIFICATION of Alan M. Feldman, Esq. on behalf of WALTER BENNETT supporting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice (sb) (Entered: 07/24/2003)	PACER
27	July 25, 2003	AMENDED COMPLAINT by WALTER BENNETT amending [1−1] complaint against JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (sb) Additional attachment(s) added on 2/8/2005 (sk, ). (Entered: 08/01/2003)	Clearinghouse
28	Aug. 1, 2003	ORDER dismissing as moot [23−1] motion for leave to file amended complaint. (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 08/06/2003)	PACER
	Aug. 6, 2003	Status conference held before Mag. Judge Joel B. Rosen on 8/6/03. (er) (Entered: 08/08/2003)	PACER
29	Aug. 8, 2003	SCHEDULING ORDER setting Status conference 2:00 10/21/03 (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 08/08/2003)	PACER
30	Aug. 11, 2003	LETTER By WALTER BENNETT requesting summonses to be issued on the amended complaint. (sb) (Entered: 08/12/2003)	PACER
	Aug. 11, 2003	SUMMONS(ES) issued for JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (20 Days) (Handed to Courier) (sb) (Entered: 08/12/2003)	PACER
31	Aug. 19, 2003	Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 8/1/03; The following actions were taken: dismissing as moot [23−1] motion for leave to file amended complaint. Order entered. By Mag. Judge Joel B. Rosen (sb) (Entered: 08/19/2003)	PACER
32	Aug. 27, 2003	SECOND AMENDED COMPLAINT by WALTER BENNETT, DANIEL AMOS, GREGORY ROYAL, JOHN LACEY, amending [27−1] amended complaint against DEVON BROWN (sb) (Entered: 08/27/2003)	PACER
33	Sept. 3, 2003	LETTER By WALTER BENNETT requesting summonses to be issued as to certain defendants for the second amended complaint. (sb) (Entered: 09/03/2003)	PACER
34	Sept. 3, 2003	Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 9/3/03; The following actions were taken, granting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice. By Mag. Judge Joel B. Rosen (sb) (Entered: 09/04/2003)	PACER
35	Sept. 3, 2003	ORDER granting [25−1] motion for Alan M. Feldman, Esq. to appear pro hac vice (signed by Mag. Judge Joel B. Rosen) (NM) (sb) (Entered: 09/04/2003)	PACER
	Sept. 3, 2003	SUMMONS(ES) issued for JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (20 Days) (Handed to Messenger) (sb) (Entered: 09/03/2003)	PACER
36	Sept. 29, 2003	LETTER By WALTER BENNETT requesting summons to be issued as to defendant Devon Brown. (sb) (Entered: 09/29/2003)	PACER
	Sept. 29, 2003	SUMMONS issued for DEVON BROWN (20 Days) (Handed to Courier) (sb) (Entered: 09/29/2003)	PACER
37	Oct. 3, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to ABU AHSAN 7/25/03 Answer deadline projected for 9/23/03 (sb) (Entered: 10/03/2003)	PACER
38	Oct. 3, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to JAMES RUMAN 7/25/03 Answer deadline projected for 9/23/03 (sb) (Entered: 10/03/2003)	PACER
40	Oct. 15, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to DEVON BROWN 8/21/03 Answer deadline projected for 10/20/03 (sb) (Entered: 10/15/2003)	PACER
41	Oct. 22, 2003	SCHEDULING ORDER setting Status conference 2:30 2/9/04 (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 10/23/2003)	PACER
	Oct. 22, 2003	Status conference held before Mag. Judge Joel B. Rosen on 10/21/03. (db) (Entered: 10/22/2003)	PACER
42	Nov. 7, 2003	WAIVER OF SERVICE RETURNED EXECUTED as to JAMES J. NEAL 8/21/03 Answer deadline projected for 10/20/03 (sb) (Entered: 11/07/2003)	PACER
	Nov. 17, 2003	Short Phone/Status conference held before Mag. Judge Joel B. Rosen on 11/17/03. (js) (Entered: 11/20/2003)	PACER
43	Nov. 19, 2003	CLASS ACTION SCHEDULING ORDER setting Dispositive Motion due on or before 5/14/04 and setting certain deadlines. (signed by Mag. Judge Joel B. Rosen)(NM) (sb) (Entered: 11/20/2003)	PACER
44	Dec. 22, 2003	Notice of MOTION to dismiss count six of plaintiffs' second amended complaint and for partial summary judgment as to plaintiffs' claims for injunctive and declarartory relief by CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN, Motion set 2/6/04 on [44−1] motion, set for 2/6/04 on [44−2] motion . (Brief/PO Subm) (Cert of Serv) (sb) (Entered: 12/23/2003)	PACER
45	Dec. 22, 2003	STATEMENT of Material Facts by CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN (sb) (Entered: 12/23/2003)	PACER
46	Dec. 22, 2003	AFFIDAVIT of Louis C. Tripoli on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)	PACER
47	Dec. 22, 2003	AFFIDAVIT of Lionel Anicette, Jr. on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)	PACER
48	Dec. 22, 2003	AFFIDAVIT of Victor Wijesinghe on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)	PACER
49	Dec. 22, 2003	AFFIDAVIT of Joel Schneider on behalf of CORRECTIONAL MEDICAL, LOUIS TRIPOLL, WILLIAM ANDRADA, JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN supporting [44−1] motion to dismiss count six of plaintiffs' second amended complaint, [44−2] motion for partial summary judgment as to claims for injunctive and declarartory relief (sb) (Entered: 12/23/2003)	PACER
50	Dec. 22, 2003	ANSWER by JAMES J. NEAL to second amended complaint (sb) (Entered: 12/23/2003)	PACER
51	Dec. 22, 2003	ANSWER by CORRECTIONAL MEDICAL to second amended complaint (sb) (Entered: 12/23/2003)	PACER
52	Dec. 22, 2003	ANSWER by JAMES RUMAN to second amended complaint (sb) (Entered: 12/23/2003)	PACER
53	Dec. 22, 2003	ANSWER by ABU AHSAN to second amended complaint (sb) (Entered: 12/23/2003)	PACER
55	Dec. 22, 2003	ANSWER by LOUIS TRIPOLL to second amended complaint (sb) (Entered: 12/23/2003)	PACER
56	Dec. 22, 2003	ANSWER by ROCK WELCH to second amended complaint (sb) (Entered: 12/23/2003)	PACER
57	Dec. 24, 2003	Notice of MOTION to dismiss and for Summary judgment by DEVON BROWN, Motion set for 1/16/04 on [57−1] motion . (Brief/PO Subm) (er) (Entered: 12/30/2003)	PACER
58	Dec. 24, 2003	STATEMENT of uncontested facts by DEVON BROWN (er) (Entered: 12/30/2003)	PACER
59	Dec. 24, 2003	CERTIFICATE OF SERVICE by DEVON BROWN Service Re: [58−1] statement, [57−1] motion to dismiss and for Summary judgment (er) (Entered: 12/30/2003)	PACER
60	Jan. 8, 2004	CONSENT ORDER directing Riverfront State Prison to produce inmates Daniel Amos and John Lacey for depositions. Signed by Judge Joel B. Rosen on 1/8/04. (sb) (Entered: 01/09/2004)	PACER
61	Jan. 14, 2004	CONSENT ORDER for the deposition of inmate plaintiff, Gregory M. Royal. Signed by Judge Joel B. Rosen on 1/14/04. (sb) (Entered: 01/16/2004)	PACER
	Jan. 27, 2004	Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 1/27/2004. (bb, ) (Entered: 01/28/2004)	PACER
62	Feb. 23, 2004	SCHEDULING ORDER: Status Conference set for 4/22/2004 02:30 PM before Magistrate Judge Joel B. Rosen.Signed by Judge Joel B. Rosen on 2/23/04. (sb) (Entered: 02/24/2004)	PACER
	Feb. 23, 2004	Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 2/23/2004. (bb, ) (Entered: 02/23/2004)	PACER
63	March 4, 2004	REVISED SCHEDULING ORDER: Motions due by 5/17/2004.Signed by Judge Joel B. Rosen on 3/4/04. (sb) (Entered: 03/04/2004)	PACER
64	March 8, 2004	CONSENT PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 3/8/04. (sb) (Entered: 03/08/2004)	PACER
65	April 7, 2004	ORDER for the deposition of inmate plaintiff, Daniel L. Amos. Signed by Judge Joel B. Rosen on 4/7/04. (sb) (Entered: 04/07/2004)	PACER
66	April 12, 2004	Mail Returned as Undeliverable. Mail sent to Rosemary Pinto. No forwarding address. (sb) (Entered: 04/12/2004)	PACER
67	April 12, 2004	Mail Returned as Undeliverable. Mail sent to Rosemary Pinto. No forwarding address. (sb) (Entered: 04/12/2004)	PACER
	April 22, 2004	Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 4/22/2004. (bb, ) (Entered: 04/27/2004)	PACER
68	May 7, 2004	REVISED SCHEDULING ORDER: Motions due by 6/15/2004. Signed by Judge Joel B. Rosen on 5/7/04. (sb) (Entered: 05/10/2004)	PACER
	May 19, 2004	Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 5/19/2004, Telephone Conference held on 5/19/2004. (bb, ) (Entered: 05/20/2004)	PACER
69	May 26, 2004	NOTICE of Attorney Appearance by Thomas More Marrone, Esq. and Daniel S. Weinstock, Esq. by DANIEL AMOS, WALTER BENNETT, JOHN LACEY, GREGORY ROYAL (sb) (Entered: 05/26/2004)	PACER
70	June 1, 2004	NOTICE of exclusion by putative class member, Jerald D. Albrecht. (sb) (Entered: 06/01/2004)	PACER
71	June 1, 2004	REVISED SCHEDULING ORDER setting certain deadlines. Signed by Judge Joel B. Rosen on 6/1/04. (sb) (Entered: 06/03/2004)	PACER
	June 9, 2004	Setting return date as to 72 MOTION for a Stay of Proceedings pursuant to the Servicemembers Civil Relief Act for 7/16/2004 before Magistrate Judge Joel B. Rosen. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/10/2004)	PACER
73	June 16, 2004	RESPONSE in Support re 72 MOTION to Stay Proceedings Pursuant to Servicemembers Civil Relief Act filed by ABU AHSAN, WILLIAM ANDRADA, CORRECTIONAL MEDICAL SERVICES, INC., JAMES J. NEAL, JAMES RUMAN, ROCK WELCH. (Attachments: # 1 Certificate of Service)(SCHNEIDER, JOEL) (Entered: 06/16/2004)	PACER
76	June 23, 2004	BRIEF in Opposition re 72 MOTION to Stay filed by DANIEL AMOS, WALTER BENNETT, JOHN LACEY, GREGORY ROYAL. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(sb) (Entered: 06/28/2004)	PACER
74	June 25, 2004	MOTION for Summary Judgment by DEVON BROWN. Responses due by 8/16/2004 (Attachments: # 1 Brief in Support of Motion for Summary Judgment# 2 Statement of Uncontested Facts# 3 Affidavit of Dr. Richard Cevasco# 4 Exhibit A through M# 5 Cover Page for Volume II# 6 Title Page Volume II# 7 Exhibit N and Numbers 1 through 3# 8 Exhibit Numbers 4 through 6# 9 Exhibit Numbers 7 through 9# 10 Text of Proposed Order # 11 Certification of Service)(KUHN, VICTORIA) (Entered: 06/25/2004)	PACER
75	June 25, 2004	MOTION to Dismiss and Motion for Partial Summary Judgment by ABU AHSAN, WILLIAM ANDRADA, CORRECTIONAL MEDICAL SERVICES, INC., JAMES J. NEAL, JAMES RUMAN, LOUIS TRIPOLL, ROCK WELCH. Responses due by 7/9/2004 (Attachments: # 1 Brief in Support of Motion# 2 Statement Material Facts# 3 Affidavit Joel Schneider# 4 Exhibit A−C of Schneider# 5 Exhibit D Schneider Affidavit# 6 Exhibit E−K Schneider Affidavit# 7 Exhibit L Schneider Affidavit# 8 Exhibit M−P Schneider Affidavit# 9 Affidavit Victor W# 10 Affidavit Anicette (Part 1)# 11 Affidavit Anicette (Part 2)# 12 Affidavit Tripoli# 13 Exhibit Part 1 Tripoli Affidavit# 14 Exhibit Part 2 Tripoli Affidavit# 15 Exhibit Part 3 Tripoli Affidavit# 16 Exhibit Part 4 Tripoli Affidavit# 17 Affidavit Ahsan# 18 Certification of Service# 19 Text of Proposed Order)(SCHNEIDER, JOEL) (Entered: 06/25/2004)	PACER
	June 25, 2004	Setting return date as to 74 MOTION for Summary Judgment, 75 MOTION to Dismiss and Motion for Partial Summary Judgment for 8/6/2004 before Judge Freda L. Wolfson. PLEASE BE ADVISED THAT THESE MOTIONS WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/28/2004)	PACER
77	June 29, 2004	REPLY to Response to Motion re 72 MOTION to Stay Proceedings Pursuant to The Servicemembers Civil Relief Act filed by LOUIS TRIPOLL. (Attachments: # 1 Exhibit 8# 2 Certificate of Service)(SCHNEIDER, JOEL) (Entered: 06/29/2004)	PACER
	July 1, 2004	Minute Entry for proceedings held before Judge Joel B. Rosen : Discovery Hearing held on 7/1/2004. (bb, ) (Entered: 07/02/2004)	PACER
78	July 2, 2004	ORDER OF ADMINISTRATIVE TERMINATION WITHOUT PREJUDICE. Signed by Judge Joel B. Rosen on 7/2/04. (sb) (Entered: 07/02/2004)	PACER
	July 2, 2004	***Civil Case Terminated. (sb) (Entered: 07/02/2004)	PACER
79	July 19, 2004	TRANSCRIPT of Proceedings held on July 1, 2004 before Judge Joel B. Rosen. Court Reporter: J &J Court Transcribers, Inc. (sb) (Entered: 07/20/2004)	PACER
80	March 11, 2005	SCHEDULING ORDER: Status Conference set for 6/3/2005 10:30 AM before Magistrate Judge Joel B. Rosen. Amended Pleadings due by 7/1/2005. Discovery due by 9/30/2005. Motions due by 3/30/2006.Signed by Judge Joel B. Rosen on 3/11/05. (sb) (Entered: 03/11/2005)	PACER
	Aug. 11, 2005	Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 8/11/2005. (bb) (Entered: 08/12/2005)	PACER
82	Oct. 7, 2005	SCHEDULING ORDER: Status Conference set for 11/28/2005 10:00 AM and on December 15, 2005 at 2:30PM before Magistrate Judge Joel B. Rosen. Discovery due by 12/30/2005.Signed by Judge Joel B. Rosen on 10/7/05. (sb) (Entered: 10/11/2005)	PACER
83	Nov. 15, 2005	MOTION for Partial Summary Judgment to Dismiss the Common Law Claims of Daniel Amos, Gregory Royal and John Lacey by JAMES J. NEAL, JAMES RUMAN, ROCK WELCH, ABU AHSAN, CORRECTIONAL MEDICAL SERVICES, INC., LOUIS TRIPOLL, WILLIAM ANDRADA. Responses due by 11/29/2005 (Attachments: # 1 Brief # 2 Affidavit of Kerri E. Chewning, Esquire with attached Exhibits# 3 Text of Proposed Order # 4 Civil Cover Sheet)(CHEWNING, KERRI) (Entered: 11/15/2005)	PACER
84	Nov. 15, 2005	PROTECTIVE ORDER. Signed by Judge Joel B. Rosen on 11/15/05. (sb) (Entered: 11/16/2005)	Clearinghouse
	Nov. 16, 2005	Setting return date as to 83 MOTION for Partial Summary Judgment to Dismiss the Common Law Claims of Daniel Amos, Gregory Royal and John Lacey for 12/16/2005 before Judge Freda L. Wolfson. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 11/16/2005)	PACER

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Case Details

State / Territory:

New Jersey

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 16, 2002

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class action status denied: was sought for all individuals who are or were incarcerated in New Jersey State prisons from January 1990 to the present. Individual plaintiffs were New Jersey prisoners with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Correctional Medical Services, Inc.

Spectrum Healthcare Services, Inc.

State

State of New Jersey, Department of Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of New Jersey 1:02-cv-04993

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Conditions of confinement

Medical/Mental Health Care:

Hepatitis

Medical care, general

Recommended Citation

Case Summary of Bennett v. Spectrum Healthcare, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10193/ (last updated 10/13/2012).