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Burt v. Nwaobasi

United States District Court, S.D. Illinois

September 14, 2017

RONALD E. BURT, #N-60788, Plaintiff,
v.
S. NWAOBASI, et al., Defendants.

          FINAL PRETRIAL ORDER

          NANCY J. ROSENSTENGEL, United States District Judge

         I. COUNSEL OF RECORD

          Attorneys for Plaintiff: Ronald A. Norwood, St. Louis, Missouri, Benjamin A. Lipman,

          Attorneys for Defendants Trost and Nwaobasi: Timothy P. Dugan, Cassiday Schade LLP, Edward Khatskin, Cassiday Schade LLP,

          Attorneys for Defendant Alex Jones: Max Boose, Assistant Attorney General,

         II. NATURE OF THE CASE

         Plaintiff, Ronald Burt, alleges the defendants violated his constitutional right to medical treatment by showing deliberate indifference to his serious medical needs. Defendants John Trost and Sam Nwaobasi deny Plaintiff had a serious medical need and that they were deliberately indifferent to it.

         Defendant Alex Jones is party to this case in his official capacity only, and exclusively to perfect such injunctive relief as is ordered by the Court.

         III. SUBJECT MATTER JURISDICTION

         This is an action for damages and injunctive relief. The basis for the Court's subject matter jurisdiction over Plaintiff's Constitutional claims is under 28 U.S.C. § 1343(a)(3), because this action arises under 42 U.S.C. § 1983 and concerns the redress of the deprivation of rights provided for by the Constitution of the United States. The Court's jurisdiction is also founded upon 28 U.S.C. § 1331 because this action arises under a federal statute and concerns a federal question. The existence of subject matter jurisdiction is not contested.

         IV. UNCONTROVERTED FACTS

         The following facts are not disputed:

1. Plaintiff was, and is an inmate at Menard Correctional Center continuously from 2012 to the present.
2. Dr. Nwaobasi was a doctor at Menard Correctional Center from May 4, 2009 to August 2014.
3. Dr. Trost was a Medical Director at Menard Correctional Center from November 25, 2013 to March 17, 2017.
4. Alex Jones is the Acting Warden of Menard Correctional Center and is sued in his official capacity only for the purpose of implementing injunctive relief, if ordered.

         The Parties request the Court to convey the facts to the Jury.

         V. CONTROVERTED FACTS

         1. Whether Defendants were deliberately indifferent to Plaintiff's medical needs.

         VI. AGREED TO ISSUES OF LAW

         The parties have not identified any agreed to issues of law.

         VII. WITNESSES

         Plaintiff intends to call the following witnesses:

1. Ronald Burt
2. John Trost, M.D.
3. Sam Nwoabasi, M.D.
4. Roderick Matticks D.O.
5. Nickolas Little
6. Rick Harrington
7. Frank Petkovich, M.D.
8. Jacqueline Lashbrook

         Plaintiff may call the following witnesses:

1. Angela Crain
2. Lakeisha ...

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