Free Motion for Summary Judgment - District Court of Arizona - Arizona

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Russell A. Kolsrud, #004578 Brad M. Thies, #021354 N ORLING, K OLSRUD, S IFFERMAN & D AVIS, P.L.C. 16427 N. Scottsdale Road, Suite 210 Scottsdale, Arizona 85254 (480) 505-0015 Fax - (480) 505-0025 Attorneys for Defendant ValueOptions, Inc.

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In compliance with Local Rule 56.1(a), Local Rules of Civil Procedure, Defendant ValueOptions, Inc. ("ValueOptions") submits the following statement of facts in support of its second motion for summary judgment. 1. Shannon Clark ("Plaintiff") filed a motion for leave to file a second amended v. VALUEOPTIONS, INC., Defendant. IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA SHANNON MICHAEL CLARK, Plaintiff, STATEMENT OF FACTS IN SUPPORT OF SECOND MOTION FOR SUMMARY JUDGMENT Case No. CIV 03-1344-PHX-EHC (MS)

complaint on August 30, 2004. [Dkt. 48]. 2. On September 24, 2004 the court entered a report and recommendation and

order striking plaintiff's first amended complaint, filed on August 23, 2003, and accepting plaintiff's second amended complaint as the first amended complaint (hereinafter "FAC"). [Dkt. 48]. 3. Plaintiff's only claim against ValueOptions is contained in Count V of the

FAC and specifically states "Defendant ValueOptions, Inc. was deliberately indifferent of plaintiff's serious medical needs by having prior knowledge of actions and inactions described in Counts I and Count II and failing to stop said actions from continuing to occur." See FAC.

Case 2:03-cv-01344-EHC-HCE

Document 136

Filed 09/02/2005

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The FAC is void of any allegations relating to a policy or custom of

ValueOptions that caused Plaintiff's injury. See FAC. 5. The FAC is void of any allegations constituting deliberate conduct of

ValueOptions in intentionally causing a depravation of federal rights. See FAC. 6. The FAC is also void of any allegations that a policy or custom of

ValueOptions was a moving force behind the alleged injury. See FAC. 7. ValueOptions' employees Karen Marshall and Thomas Crumbley, M.D., a

ValueOptions' Psychiatrist, provided the necessary assessment of the Plaintiff's condition and made the appropriate decision that Plaintiff was not eligible for SMI services on August 30, 2002 because Plaintiff did not meet diagnostic or functional criteria for the SMI Service Program. See Affidavit of Robert Walters, Ph.D., attached as Exhibit 1 to ValueOptions' Statement of Facts in Support of Motion for Summary Judgment [Dkt. 58]. DATED this 2nd day of September, 2005. NORLING, KOLSRUD, SIFFERMAN & DAVIS, P.L.C.

By: 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Brad M. Thies Shannon M. Clark #113372 ASPC-Lewis-Rast Unit P.O. Box 3600 Buckeye, Arizona 85326 Plaintiff pro per ORIGINAL AND ONE COPY of the foregoing electronically filed this 2nd day of September, 2005, with: United States District Court 401 West Washington Phoenix, Arizona 85003 AND COPY of the foregoing mailed this 2nd day of September, 2005 to:

/s/ Brad M. Thies Russell A. Kolsrud Brad M. Thies Attorneys for Defendant ValueOptions, Inc.

Case 2:03-cv-01344-EHC-HCE

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