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DeVan v. Corrections Corporation of America
United States District Court, D. Idaho
September 20, 2017
EVIN DeVAN, Plaintiff,
CORRECTIONS CORPORATION OF AMERICA (CCA), JASON ELLIS, JOHNATHAN MELDRUM, C/O KELLY, C/O KELLY, JUAN IBARRA, C/O GOINDACKER, JOHN AND JANE DOES I-XX, Defendants.
MEMORANDUM DECISION AND ORDER
Honorable Edward J. Lodge United States District Judge
before the Court in this prisoner civil rights action are
Defendant CCA's Motion to Dismiss for Failure to State a
Claim (Dkt. 35), Motion to Dismiss for Lack of Prosecution
(Dkt. 39), and Motion to Amend/Correct Order (Dkt. 41). The
motions are now fully briefed. Having considered the
parties' arguments and reviewed the record in this
matter, the Court enters the following Order.
History of the Case
10/30/13 Plaintiff was assaulted by Inmate Allen, after
Plaintiff had pressed his emergency security button about 15
times over 10 minutes with no response from ICC correctional
officers. (Dkt. 48, p. 4.)
09/17/2015 Plaintiff filed his original Complaint in this
action, asserting that ICC officials failed to protect him
from a known-dangerous inmate after Plaintiff attempted to
articulate his concerns about his safety and officials
ignored him. The inmate assaulted Plaintiff, and he suffered
12/09/2015 Judge Dale issued an Initial Review Order
requiring Plaintiff to file an amended complaint to state
more specific facts about who did what and when.
01/07/2016 Plaintiff filed an Amended Complaint.
06/13/2016 Judge Dale issued an Order on the Amended
Complaint, concluding that Plaintiff had failed to follow the
instructions for amendment, but, because he may not have had
access to the information he needed to amend the Complaint,
the Court would allow him to proceed against CCA, the entity,
for failure to respond to Plaintiff's emergency call
immediately (contrary to a written CCA policy), although the
Court explained that the claim against CCA might not survive
summary judgment. (Dkt. 14.)
07/06/2016 CCA attorneys appeared in the case.
08/15/2016 CCA filed an Answer to the combined Complaint and
Amended Complaint (Dkts. 23, 3, 13.)
09/13/2016 Plaintiff provided an initial disclosure statement
to Defendant, along with 29 pages of exhibits. (Dkt. 49, p.
10/17/2016 The Court issued an order containing deadlines for
amendment and discovery. Amended pleadings were due no later
than December 12, 2016. Disclosures, depositions, and
discovery were to be completed no later than February 17,
2017. Amended pleadings were due no later than December 12,
11/09/2016 Defendant CCA served Plaintiff with a first set of
discovery requests. To date, Plaintiff has not responded to
the discovery requests.
12/12/2016 Deadline for filing amended pleadings. By or near
this time, Defendant had disclosed over 2, 000 pages of
documents to Plaintiff, along with audio or video recordings
(Dkt. 52; also referenced in Dkt. 35-1.)
12/15/2016 Plaintiff filed his Second Amended Complaint
(timely per the mailbox rule).
12/29/2016 Defendant filed a Motion to Dismiss for Failure to
State a ...
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