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DeVan v. Corrections Corporation of America

United States District Court, D. Idaho

September 20, 2017

EVIN DeVAN, Plaintiff,
v.
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

         Pending 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.

         BACKGROUND

         1. 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 “significant injury.”
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. 3.)
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, 2016.
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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