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Fromer v. Corizon, Inc.

United States District Court, S.D. Indiana, Indianapolis Division

October 15, 2014

AARON FROMER, Plaintiff,
v.
CORIZON, INC., NOE MARANDET, M.D., individually and in his official capacity as an employee of Defendant Corizon, Inc., NAVEEN RAJOLI, M.D., individually and in his official capacity as an employee of Defendant Corizon, Inc., MIAMI CORRECTIONAL FACILITY HEALTH SERVICES ADMINISTRATOR, individually and in his or her official capacity as an employee of Defendant Corizon, Inc., and PUTNAMVILLE CORRECTIONAL FACILITY HEALTH SERVICES ADMINISTRATOR, individually and in his or her official capacity as an employee of Defendant Corizon, Inc., Defendants

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[Copyrighted Material Omitted]

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For AARON FROMER, Plaintiff: Aimee M. Gong, Lawrence M. Reuben, LAW OFFICES OF LAWRENCE M. REUBEN, Indianapolis, IN.

For CORIZON, INC., NOE MARANDET, M.D., individually and in his official capacity as an employee of Defendant Corizon, Inc., NAVEEN RAJOLI, M.D.,individually and in his official capacity as an employee of Defendant Corizon, Inc., MIAMI CORRECTIONAL FACILITY HEALTH SERVICES ADMINISTRATOR, individually and in his or her official capacity as an employee of Defendant Corizon, Inc., PUTNAMVILLE CORRECTIONAL FACILITY HEALTH SERVICES ADMINISTRATOR, individually and in his or her official capacity as an employee of Defendant Corizon, Inc., Defendants: Anthony D. Pignotti, Brian J. Richtarcik, Randall A. Juip, FOLEY BARON METZGER JUIP PLLC, Livonia, MI.

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ORDER

Hon. Jane Magnus-Stinson, United States District Judge

Presently pending before the Court is a Motion for Judgment on the Pleadings and/or Motion for Summary Judgment filed by Defendants Corizon, Inc. (" Corizon" ), Dr. Noe Marandet, Dr. Naveen Rajoli, Miami Correctional Facility Health Services Administrator (" Miami HSA" ), and Putnamville Correctional Facility Health Services Administrator (" Putnamville HSA " ). [Filing No. 87.]

I.

Standard of Review

Defendants' motion is for judgment on the pleadings or for summary judgment. [Filing No. 87.] In ruling on a motion for judgment on the pleadings, the Court may only consider the complaint, answer, and any documents attached thereto as exhibits. See N. Ind. Gun & Outdoor Shows, Inc. v. City of South Bend, 163 F.3d 449, 452-53 (7th Cir. 1998). Defendants rely on matters outside of the pleadings for all of their arguments.[1] Accordingly, the Court will treat Defendants' motion for judgment on the pleadings as one for summary judgment, and apply that standard. See U.S. v. $183,026.36 in U.S. Currency, 2014 WL 3734172, *5 (N.D. Ind. 2014) (" Federal Rule of Civil Procedure 12(d) requires the Court to convert a motion for judgment on the pleadings to a motion for summary judgment when matters outside the pleadings are presented and not excluded by the Court" ).

A motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a). As the current version of Rule 56 makes clear,

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whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed.R.Civ.P. 56(c)(1)(A). A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. Fed.R.Civ.P. 56(c)(4). Failure to properly support a ...


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