The opinion
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RAMON CLARK, )
)
Plaintiff, )
)
vs. ) Case No. 21-cv-1695-RJD
)
WEXFORD HEALTH SOURCES, INC. )
and DAVID POOR, M.D., )
)
Defendants. )
ORDER
DALY, Magistrate Judge:
Plaintiff, formerly incarcerated within the Illinois Department of Corrections (“IDOC”),
filed this lawsuit pursuant to 42 U.S.C. §1983 pro se and in forma pauperis. He alleges that from
August 2020-December 2021 at Robinson Correctional Center, Dr. David Poor was deliberately
indifferent to his chronic cough. Doc. 1. Plaintiff further alleges that Wexford Health Sources,
Inc. (“Wexford,” a private company that contracts with IDOC to provide medical care to inmates
within the IDOC) delayed off-site treatment for his cough. Plaintiff’s Complaint contains Eighth
Amendment claims against Dr. Poor and Wexford for their alleged deliberate indifference to
Plaintiff’s serious medical needs. Id. This matter comes before the Court on Defendants’
Motion for Summary Judgment. Docs. 30-32. Plaintiff did not file a Response. As explained
further, Defendants’ Motion is GRANTED.
Material Facts
Plaintiff received treatment for his “dry” cough from nurses and Dr. Vipin Shah at
Robinson Correctional Center from April 2020-August 2020. Doc. 31-3, ¶¶5-22. During that
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to treat symptoms of the common cold; (2) Claritin; (3) Guaifenesin; (4) chlorpheniramine maleate
(an antihistamine); (5) Augmentin (antibiotic); (6) and Nasocort (nasal spray). Id., ¶¶5, 6, 7, 10,
13, and 14. On June 16, 2020, Plaintiff underwent a chest x-ray; the radiologist reported an
“indeterminate 5 mm pulmonary nodule within the left lung.” Doc. 31-4, p. 150. On July 23,
2020, Plaintiff underwent a chest CT scan. Id., pp. 106-07. The report from the radiologist stated
that Plaintiff had a “history of pulmonary nodules; chronic dry cough for fourth months” and “no
acute CT abnormality of the chest. Previous granulomatous process with calcified granulomata in
the left lower lobe and left upper back.” Id., p. 106. Plaintiff also underwent a CT scan of his
sinus area; the radiologist noted that he had a “solitary mucous retention cyst or polyp associated
with the right posteromedial maxillary sinus.” Id., p. 114-15.
Dr. Poor saw Plaintiff on August 11, 2020. Doc. 31-4, p. 38. Dr. Poor noted that Plaintiff
was “waiting for his ENT appointment”1 and that his chest CT and x-ray imaging reports were
normal. Doc. 31-3, ¶23. Dr. Poor stated in his declaration that “Plaintiff self-reported that he
had an asthma-type inhaler in the past and that he could not remember if it helped, but the cough
went away.” Id. Dr. Poor conducted a physical exam and noted that Plaintiff’s lungs were clear.
Id. In his Declaration, Dr. Poor provided the following explanation for his plan for Plaintiff’s
care:
My plan was to hold his ENT referral for now for a trial of albuterol
inhaler. If the inhaler was helpful, I noted to consider spirometry. I
prescribed Xopenex for six months and to follow-up in two weeks
to see if it was helpful and if not then discontinue and pursue ENT
referral. As Plaintiff self-reported that his cough went away in the
past with an asthma-type inhaler, I wanted to start with a trial of an
inhaler prior to the ENT referral. In my experience, the ENT would
request a similar medication trial of the asthma inhaler, so I wanted
1 Defendants’ motion does not explain whether Plaintiff was referred for an ENT appointment prior to his first visit
with Dr. Poor.
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ENT.
Id.
Dr. Poor saw Plaintiff again on August 27, 2020 for a keloid on his face, chronic cough,
and a pre-operation history for a testicular procedure. Id., ¶24. Plaintiff reported that the
albuterol inhaler “helped [his cough] some.” Id. Because the inhaler was “somewhat effective,”
Dr. Poor “placed a referral” to Wexford for Plaintiff to undergo a spirometry test. Id.
Dr. Poor reviewed Plaintiff’s chart on September 11, 2020 after Plaintiff reported to a nurse
that he had not “heard what my head and chest CT showed.” Doc. 31-4, p. 40. Dr. Poor noted
that spirometry was previously ordered and “please re-order after COVID lockdown is over, if not
already done.”2 Id. He further noted that if the spirometry test indicated that Plaintiff has
asthma, the healthcare unit at the prison could treat his asthma. Doc. 31-3, ¶25. However, if the
spirometry test was negative for asthma, Dr. Poor “would consider restarting the ENT referral.”
Id.
Dr. Poor saw Plaintiff on October 5, 2020 for the chronic cough. Doc. 31-4, p. 40.
Plaintiff reported that he was not better with the “trial of Xopenex” and that heartburn medications,
Nasacort, and antibiotics were not helpful. Doc. 31-3, ¶28. Dr. Poor discontinued the Xopenex
and “placed referrals” for Wexford to approve Plaintiff to see an ENT and undergo spirometry.
Id.
Wexford approved the spirometry and ENT referrals on October 12, 2020. Doc. 31-4, p.
117-18. On or around that date, Plaintiff tested positive for COVID. Doc. 31-4, p. 48. On
November 23, 2020, a staff member in the health care unit scheduled Plaintiff for an offsite ENT
consultation. Id., p. 58; Doc. 31-3, ¶34. Plaintiff saw Dr. Charly Nguyen (ENT) on December
2 It is not clear from Defendants’ Motion when the COVID lockdown started or ended, or if there were multiple
COVID lockdowns during the relevant time period.
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evaluation due to abnormal CT scan with granuloma” and noted that Plaintiff had a “benign skin
lesion” on his right cheek. Doc. 31-5, p. 21. Dr. Nguyen noted that he “explained to patient if
this lesion [is] getting larger or causing discomfort or if he has any question concern then he needs
to talk to his prisoner doctor about coming back to see me.” Id.
Plaintiff saw Dr. Poor on December 21, 2020. Doc. 31-3, ¶38. Dr. Poor referred Plaintiff
for consultations with a pulmonologist and dermatologist. Id. Wexford approved those referrals
two days later. Doc. 31-5, pp. 190-91.
On February 23, 2021, a staff member scheduled Plaintiff’s pulmonology consultation and
offsite spirometry/pulmonary function test[s]. Doc. 31-4, p. 64. Dr. Poor explained in his
affidavit that “[d]uring this time, there were many delays both inside and outside the prison for
scheduling offsite appointments due to the COVID-19 pandemic. Many private doctors’ offices
refused to see patients residing in group-living situations such as prisons or nursing homes.” Doc.
31-3, ¶40.
Plaintiff saw Dr. Vishesh Paul (pulmonologist) on February 25, 2021. Doc. 31-5, p. 25.
Dr. Paul noted that Plaintiff “[h]ad CT chest-as per the note from the physician at the correctional
facility there were no acute findings.” Id. Dr. Paul noted “no clear etiology of chronic cough
established…will get PFTs pre and post bronchodilator spirometry…recommend CBC with
differential to look at eosinophil counts…will also get IgE levels…Flonase for 2 more
months….low dose PPI for 2 months trial.” Id., p. 26. On that same date, and after reviewing
Dr. Paul’s note, Dr. Poor prescribed Flonase and Prilosec (a “PPI”) for two months. Doc. 31-3,
¶42. He also ordered the recommended blood tests and noted that Plaintiff’s spirometry testing
was already scheduled. Id.
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within normal limits. Doc. 31-5, p. 203. Dr. Poor saw Plaintiff on March 10, 2021 and noted
that the pulmonary functioning test results were normal and that Plaintiff was still taking Prilosec
and using Flonase. Doc. 31-3, ¶46.
Dr. Poor saw Plaintiff on March 23, 2021, following Plaintiff’s consultation with the
dermatologist. Id., ¶47. Following the dermatologist’s recommendations, Dr. Poor ordered
Prednisone and a corticosteroid. Id. Plaintiff returned to Dr. Poor on April 16, 2021, reporting
that his cough was getting worse and he had new skin spots. Id., ¶48. Dr. Poor instructed
Plaintiff to keep using the corticosteroid ointment and made a referral for Plaintiff to return to Dr.
Paul (the pulmonologist). Id.; Doc. 31-4, p. 70. Three days later, Wexford approved the
pulmonology referral. Doc. 31-5, p. 45. Dr. Poor saw Plaintiff again on May 11, 2021 to follow-
up on his skin condition; Dr. Poor referred Plaintiff back to the dermatologist (per the
dermatologist’s instructions) and Wexford approved the referral six days later. Doc. 31-3, ¶50;
Doc. 31-5, p. 213.
Plaintiff returned to the pulmonologist on June 24, 2021. Doc. 31-3, ¶52. Dr. Paul
completed a form titled “IDOC Medical Special Services Referral and Report”, noting that
Plaintiff’s “intermittent coughing persists” but his pulmonary functioning testing was within
normal limits. Doc. 31-5, p. 47. Dr. Paul recommended a trial of “BRPO Ellipta” (inhaler with
powdered medication) for two months, Mucinex, and “consider CT chest” if Plaintiff was not
improved in 2-3 months. Id. Doc. 31-3, ¶52. The next day, Plaintiff returned to the
dermatologist who diagnosed him with dermatitis and recommended to continue the corticosteroid
ointment and alternate with Protopic (another ointment). Doc. 31-5, p. 62. The dermatologist
also recommended a tapering dose of Prednisone. Id.
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pulmonologist. Doc. 31-3, ¶54. He also saw Plaintiff and ordered Airduo (similar to BRPO
Ellipta) for three months. Id. Dr. Poor “noted to request the notes” from Dr. Paul; it appears that
only the form titled “IDOC Medical Special Services Referral and Report” returned to the prison
with Plaintiff after his June 24, 2021 visit with Dr. Paul. Id., ¶¶52, 54, 55. Dr. Poor also
“requested blood work.” Id., ¶54. Plaintiff did not want to take the Prednisone prescribed by the
dermatologist. Id.
On or around August 13, 2021, a nurse noted in Plaintiff’s medical records that Plaintiff
told the warden that he needed to see a lung specialist. Id., ¶56; Doc. 31-4, p. 87. On August 19,
2021, Dr. Poor performed a chart review after Plaintiff appeared on nurse sick call, complaining
that his cough had not improved with the inhaler. Doc. 31-3, ¶57. Dr. Poor prescribed Mucinex
and scheduled a one-month follow-up visit. Id. Dr. Poor saw Plaintiff on September 13, 2021.
Id., ¶60. Plaintiff reported that the inhalers and Mucinex did not alleviate his cough. Id. Dr.
Poor “referred Plaintiff back to the pulmonologist and noted that he had already received a chest
CT on July 22, 2020 which was normal.” Id. The pulmonology referral was approved on
September 20, 2021. Id., ¶61.
Plaintiff returned to see Dr. Paul on November 11, 2021. Doc. 31-5, pp. 75-77. Dr. Paul
made the following notes and recommendations:
Here for follow-up chronic cough. Has been going on for more
than a year. Happens for some days and then he is fine for some
other days. The cough is dry most of the time. Occasionally
coughs up clear phlegm….he had CT chest in April 20203-as per the
note from the physician at the correctional facility, there were no
acute findings on the CT chest…..as per the patient ENT evaluation
did not reveal any acute problem.
Labs and imaging reviewed.
3 The Court presumes that Dr. Paul was referring to the July 2020 CT exam.
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Unclear etiology for his chronic cough at this time. PFTs/CT chest
reports have been within normal limits. Has not improved with
AirDuo, albuterol inhaler, Flonase-unlikely to be asthma. There is
no wheezing either. Can discontinue the inhalers at this time as
there has been no benefit. Have asked the 3 [sic] correctional
facility to send us the ENT reports. Maybe we need another
evaluation by ENT team to look at the larynx and the sinuses. May
also need GI evaluation. If all testing is within normal limits-will
consider bronchoscopy.
Follow-up in 3-4 months.
Id.
When asked about his November 11, 2021 visit with Dr. Paul, Plaintiff provided the
following testimony at his deposition:
[Dr. Poor] had a dialogue between he and Dr. Paul about [Dr. Poor]
not sending updated tests and stuff that he was supposed to send for
Dr. Paul to evaluate, because Dr. Paul said that he would have his
staff personally…assure him that they would send the tests that [Dr.
Paul] needed to properly evaluate me.
So that’s why you see Dr. Poor ordering, saying that we need to send
this, we need to order this bloodwork, we need to send this and that,
because I remember having that conversation with Dr. Paul. Like
two or three visits he kept saying “Where is your work at? What am
I supposed to do with this outdated stuff.” He kept saying that.
And the last time I seen him, he was so frustrated. And I’m like,
“Man, you keep telling me that you [are] going to have them send
it, you need to call.” He said, Don’t worry about it, Mr. Clark, I’ll
get on top of it.”
Doc. 31-1, pp. 107-08. Regarding the bronchoscopy, Plaintiff testified that Dr. Paul said “‘we
need to get aggressive with this testing because none of this stuff is working. We’re dealing with
something serious here now. We need to get more aggressive with your test. I’m going to order
a bronchoscopy.’” Id., pp. 110-11. Plaintiff testified that Dr. Paul also consistently told him
there was a relationship between his cough and skin rash. Id., p. 122.
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97. Plaintiff self-reported that Dr. Paul recommended a bronchoscopy. Id.; Doc. 31-3, ¶63. Dr.
Poor made a “referral back to pulmonology for bronchoscopy and noted to send Plaintiff’s IgE
labs and CBC reports to Dr. Paul.” Id. Dr. Poor also noted to “request pulmonology office note
from 11-11-21” and “request ENT office note from 12-9-2020.” Id. Dr. Poor received these
records within three hours and directed the nursing staff to fax the 12-9-2020 ENT note to Dr.
Paul. Doc. 31-3, ¶65; Doc. 31-4, p. 99.
Plaintiff saw the dermatologist on November 17, 2021. Doc. 31-3, ¶66. The
dermatologist recommended Dupixent. Id. Upon his return to the prison, Dr. Poor ordered blood
tests for him. Id.; Doc. 31-4, p. 101. Plaintiff’s bronchoscopy referral was approved by
Wexford on November 19, 2021. Doc. 31-5, p. 117. A member of the medical staff called Dr.
Paul’s office to schedule the bronchoscopy on December 8, 2021 and was informed that the
procedure was not currently indicated. Doc. 31-4, p. 103. The next day, Dr. Poor reviewed
Plaintiff’s records and saw that Dr. Paul had stated “‘may have to consider bronchoscopy’ in the
future, but not yet indicated” and cancelled the bronchoscopy referral. Id.; Doc. 31-3, ¶70.
Plaintiff transferred to a work release center on December 30, 2021. Doc. 31-2, pp. 10,
114. He believes that he would have been transferred to the center earlier than December 30,
2021, but his transfer was denied or postponed so that he could undergo the bronchoscopy. Id.,
p. 111. A nurse told him “you’ve been complaining all these years about your cough. Now we
[are] getting you out for a bronchoscopy. So go get the bronchoscopy. Your health is more
important than a transfer.” Id., pp. 112-13. Regarding Dr. Poor’s ultimate decision to cancel the
bronchoscopy, a nurse (it is unclear whether it was the same/different nurse) told Plaintiff “Dr.
Poor and them didn’t want to pay for it, because [Plaintiff] was being transferred.” Id., p. 112.
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leaving Robinson, he has undergone a bronchoscopy and seen gastrointestinal, pulmonology,
rheumatology, and dermatology specialists. Id., p. 119. Plaintiff testified that none of the
specialists have “officially diagnosed” his chronic cough, but they have “consistently said” that he
has sarcosis or sarcoidosis and that there is a relationship between his cough and skin rash. Id.,
p. 122. From these specialists, Plaintiff has received “basic trial medications” that are not
effective, the same inhalers that he used at Robinson that are also not effective, and “some type of
little pills” that were also not effective. Id., p. 123.
Summary Judgment Standard
Summary judgment is appropriate only if the moving party can demonstrate “that there is
no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of
law.” FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322(1986); see also Ruffin-
Thompkins v. Experian Information Solutions, Inc., 422 F.3d 603, 607 (7th Cir. 2005). The
moving party bears the initial burden of demonstrating the lack of any genuine issue of material
fact. Celotex, 477 U.S. at 323. Once a properly supported motion for summary judgment is
made, the adverse party “must set forth specific facts showing there is a genuine issue for trial.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). A genuine issue of material fact exists
when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.”
Estate of Simpson v. Gorbett, 863 F.3d 740, 745 (7th Cir. 2017) (quoting Anderson, 477 U.S. at
248). In considering a summary judgment motion, the district court views the facts in the light
most favorable to, and draws all reasonable inferences in favor of, the nonmoving party. Apex
Digital, Inc. v. Sears, Roebuck & Co., 735 F.3d 962, 965 (7th Cir. 2013) (citation omitted).
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The Eighth Amendment “‘does not mandate comfortable prisons,’ but neither does it
permit inhumane ones.” Brown v. Osmundson, 38 F. 4th 545, 559-60 (7th Cir. 2022) (internal
citations omitted). To succeed on his deliberate indifference claims, Plaintiff must “provide
evidence, either direct or circumstantial” that shows (1) “he had an objectively serious medical
need” (2) “which [Dr. Poor] “[knew] of and disregar[ded] a substantial risk of harm.” Id. at 550.
Dr. Poor does not contest that Plaintiff’s cough was an “objectively serious medical need,” but
contends that a reasonable jury could not find Dr. Poor disregarded a substantial risk of harm to
Plaintiff. The Court considers the “totality” of Plaintiff’s care for his cough to determine whether
a genuine issue of material fact exists regarding Dr. Poor’s alleged deliberate indifference. Petties
v. Carter, 836 F.3d 722, 728 (7th Cir. 2016). Far from a genuine issue of material fact, nothing
before the Court even hints at deliberate indifference. Instead, the record reflects that Dr. Poor
provided a prompt, reasoned response every time Plaintiff’s cough and symptoms were presented
to him.
In his Complaint, Plaintiff alleged that during the sixteen months Dr. Poor treated him, Dr.
Poor “did not timely refer Plaintiff off-site for proper evaluation.” The evidence before the Court
contradicts this argument. From August 2020-December 2021, Dr. Poor referred Plaintiff to see
a pulmonologist three times. He also referred Plaintiff to an ENT, for spirometry testing, and for
a bronchoscopy. In fact, he was too quick to make the bronchoscopy referral; the pulmonologist
informed him that it was not yet indicated in December 2021. To the extent that there were
scheduling delays, nothing in the record indicates that Dr. Poor or any other staff member could
have arranged those appointments any sooner. Even if Dr. Poor or another staff member could
have arranged Plaintiff’s appointments sooner (considering the Covid pandemic), a delay in
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exacerbated the [condition] or unnecessarily prolonged pain.” Id. at 730-31. There is no
evidence from which the jury could infer that Plaintiff’s cough would have subsided had the
spirometry testing or consultations with the ENT and pulmonologist occurred sooner.
The Court acknowledges that after seeing Plaintiff for the first time in August 2020, Dr.
Poor deferred Plaintiff’s ENT referral so that Plaintiff could try an inhaler. However, Dr. Poor’s
explanation for this delay-his belief that the ENT would want to know whether Plaintiff’s cough
was alleviated by an inhaler before recommending any further treatment-is reasonable and
uncontradicted.
Plaintiff also alleges that Dr. Poor persisted in a course of treatment known to be
ineffective. See Greeno v. Daley, 414 F.3d 645, 655 (7th Cir. 2005). Of all the treatment that
Dr. Poor provided Plaintiff, no evidence indicates that Dr. Poor knew it was ineffective. In fact,
most of the medications Dr. Poor prescribed to Plaintiff were recommended by the ENT or
pulmonologist.
In his Complaint, Plaintiff claimed that Dr. Poor “lift[ed] the medical hold” so that Plaintiff
would be transferred to the work release center without undergoing the bronchoscopy. The only
evidence in the record that could possibly support this argument is Plaintiff’s testimony that a
nurse said “Dr. Poor and them” did not want to pay for the bronchoscopy. Evidence that is barred
by the rule against hearsay does not defeat summary judgment. Fed. R. Civ. P. 56(c)(2);
Eisenstadt v. Centel Corp., 113 F.3d 738, 742 (7th Cir. 1997). Regardless, even if Plaintiff’s
testimony of the nurse’s statement was not barred by the hearsay rule, and even if other evidence
showed that Dr. Poor and Wexford did not want to incur the cost of bronchoscopy, the record is
devoid of evidence from which the jury could infer that Dr. Poor played any role in the timing of
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upon Plaintiff’s statement that the pulmonologist thought it was necessary, only to find out that
the pulmonologist did not think the procedure was indicated at that time.
Throughout his deposition, Plaintiff referred to statements by the pulmonologist that he
(the pulmonologist) was frustrated because he could not determine the cause of Plaintiff’s cough
without recent blood tests. Even if that testimony by Plaintiff was not barred by the hearsay rule,
only one record indicates that the pulmonologist informed Dr. Poor that additional bloodwork was
necessary. When Plaintiff saw the pulmonologist in February 2021, the pulmonologist
recommended two blood tests. When Plaintiff returned to the prison that same day, Dr. Poor
ordered those blood tests. The record is silent as to when those tests were performed. Dr. Poor
requested Plaintiff’s blood work again in June 2021. When Dr. Poor saw Plaintiff on November
15, 2021 (the same date that Plaintiff told Dr. Poor he needed a bronchoscopy and Dr. Poor
immediately made a referral for the procedure), Dr. Poor ordered staff to fax the blood test results
to the pulmonologist. No evidence exists to suggest that a delay in performing the blood work-or
the delay in getting the blood work to the pulmonologist-could be attributed to any action or
inaction by Dr. Poor. Even if there was a delay, and even if it was attributed to Dr. Poor, no
evidence suggests that Plaintiff’s cough would have been alleviated to any extent if the
pulmonologist had seen Plaintiff’s bloodwork sooner. After leaving the prison and being paroled,
Plaintiff underwent a bronchoscopy and received various medications, and yet he still has a
persistent cough.
The Court also notes that when Plaintiff saw the ENT specialist in December 2020, he
recommended that Plaintiff undergo a “pulmonology evaluation due to abnormal CT scan with
granuloma.” It does not appear this issue was ever brought to the attention of Dr. Paul (Plaintiff’s
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facility there were no acute findings” in Plaintiff’s July 2020 CT scan. In any event, nothing in
the record reflects that Plaintiff suffered from an undiagnosed or untreated condition that was
reflected in the July 2020 CT scan and even if it was, nothing in the record reflects that Dr. Poor
conveyed (or failed to convey) information to Dr. Paul in a deliberately indifferent manner. At
most, a jury could infer that Dr. Poor failed to notice and inform Dr. Paul that the ENT specialist
thought the granuloma visible in Plaintiff’s April 2020 CT scan was an acute abnormality.
Considering the radiologist who reviewed the images noted no acute abnormality, any purported
failure by Dr. Poor to identify and convey the ENT specialist’s opinion to Dr. Paul falls far afield
of the standards for an Eighth Amendment violation. Moreover, when Dr. Paul requested the
ENT specialist’s records, Dr. Poor instructed the nursing staff to obtain and send those records to
Dr. Paul.
Overall, no reasonable juror could find that Dr. Poor was deliberately indifferent to
Plaintiff’s serious medical needs. Summary judgment is appropriate in favor of Dr. Poor.
Summary judgment should also be granted in favor of Wexford unless the record reflects a genuine
issue of material fact regarding whether Plaintiff’s Eighth Amendment rights were violated by 1)
Wexford’s express policy; 2) Wexford’s “widespread and persistent practice that amounted to a
custom approaching the force of law”; or 3) a Wexford “official with final policymaking
authority.” Howell v. Wexford Health Sources, Inc., 987 F.3d 647, 653 (7th Cir. 2021) (internal
citations omitted). As explained above, none of the evidence reflects that Dr. Poor violated
Plaintiff’s Eighth Amendment rights. Wexford approved each referral made by Dr. Poor for
Plaintiff’s off-site treatment. Moreover, no evidence indicates that any of the issues Plaintiff
alleged in his Complaint-the delays in receiving offsite treatment, his transfer to the work release
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official with final policymaking authority. Consequently, Plaintiff’s claim against Wexford
contains no genuine issue of material fact.
Conclusion
Defendants’ Motion for Summary Judgment (Doc. 30) is GRANTED. Plaintiff’s claims
against Defendants are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to enter
judgment accordingly. All settings are VACATED and Defendants’ pending Motion to Continue
(Doc. 33) is DENIED AS MOOT.
IT IS SO ORDERED.
DATED: November 19, 2024
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge
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