Woollard v. Corizon Health Inc. et al

Filing 60

STATUS CONFERENCE ORDER Substituting and giving Service and Discovery Directives re: 28 Amended Complaint filed by Cory Woollard--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CORY WOOLLARD,
Case No. 2:18-cv-11529
District Judge Paul D. Borman
Magistrate Judge Anthony P. Patti

Plaintiff
v.
CORIZON HEALTH, INC.,
RICHARD HARBAUGH,
R. COLEMAN,
SUBRINA AIKEN,
MARY GREINER,
ROSILYN JINDAL,
JANET CAMPBELL, et al.,
Defendants.
___________________________________/

STATUS CONFERENCE ORDER SUBSTITUTING RICKEY COLEMAN
FOR RICHARD HARBAUGH IN THE FIRST AMENDED COMPLAINT
(DE 28) AND GIVING SERVICE AND DISCOVERY DIRECTIVES
A.

Plaintiff’s first amended complaint, the operative pleading, names three
Defendants.
Judge Borman has referred this case to me for pretrial matters. In his

original complaint, Plaintiff named seven Defendants: (1) Corizon Health, Inc.;
(2) Richard Harbaugh; (3) R. Coleman; (4) Subrina Aiken; (5) Mary Greiner; (6)
Rosilyn Jindal; and, (7) Janet Campbell. He also mentioned “unknown parties.”
(DE 1 at 1.) Corizon Health, Coleman, Greiner and Jindal (“the Corizon

1 

Defendants”) are represented by counsel, as are Harbaugh, Aiken and Campbell
(“the MDOC Defendants”). (DEs 10, 11, 18, 33.)1
Plaintiff’s September 17, 2018 first amended complaint (FAC) alleges
violations of the Eighth Amendment and names three Defendants: (1) Corizon
Health; (2) Harbaugh; and, (3) Jindal. (DE 28 at 1.) Generally, “an amended
complaint supersedes all prior complaints.” Drake v. City of Detroit, Michigan,
266 F. App'x 444, 448 (6th Cir. 2008). Thus, the filing of Plaintiff’s FAC
effectively terminated Coleman, Aiken, Greiner, and Campbell as Defendants.2
B.

Plaintiff sought to file a second amended complaint but did not comply
with the Court’s resulting order.
Plaintiff sought leave to file a second amended complaint (SAC), and the

accompanying verified, proposed SAC named eight Defendants. (DE 44, DE 441.) Following the Undersigned’s report and recommendation (DE 50), on June 12,
2019, Judge Borman (DE 53) parsed the proposed SAC (see DE 44-1) and
permitted Plaintiff to file a conforming SAC (proceeding as to 4 of the 8

1

The original complaint lists “R. Coleman” as a Defendant. (DE 1 at 1.) As
explained in my report and recommendation, there was some confusion over the
identification of R. Coleman. (DE 50 at 13-14.) Also, while counsel did not file a
separate notice of appearance on behalf of Campbell, Campbell is a party to two
dispositive motions which were filed by counsel. (See DEs 16, 30.)
2

Consistently, defense counsel’s September 23, 2019 attorney appearance is
limited to Defendants Corizon and Jindal, i.e., it does not include Coleman or
Greiner. (DE 56.)  
2 

Defendants) within 28 days. Plaintiff did not do so. As such, the FAC remains the
operative pleading.
C.

Plaintiff agreed to substitute Rickey Coleman for Harbaugh in the FAC.
On September 24, 2019, I conducted a status conference, at which Plaintiff

appeared by video and attorneys Jonathan C. Lanesky and Joseph Yung-Kuang
Ho appeared in person. Following a discussion regarding why the FAC remains
the operative pleading, Plaintiff agreed to substitute Coleman for Harbaugh in the
FAC, presumably because Rickey Coleman is the Assistant Chief Medical Officer
(ACMO). (See DE 53 at 2-3.)
D.

Order
Upon consideration, Rickey Coleman is substituted for Harbaugh in the

FAC. No later than Tuesday, October 1, 2017, Corizon’s counsel will inform the
Court whether it will accept service of the FAC for Defendant Coleman. Once
Coleman has been served with a summons and complaint or executes an
appropriate waiver, then the Court will enter an order that provides for 60 days of
discovery following by 30 days within which to file a dispositive motion.
IT IS SO ORDERED.

Dated: September 27, 2019

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

3