FOSTER v. WARD et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JOHN M. FOSTER, 	:
:
Plaintiff, 	:
:
v. 	: 	Case No. 5:23-cv-143-TES-CHW
:
COMMISSIONER TIMOTHY C 	: 	Proceedings Under 42 U.S.C. § 1983
WARD, et al., 	: 	Before the U.S. Magistrate Judge
:
Defendants. 	:
________________________________ 	:
ORDER
As directed, counsel for Defendants Taylor and Wellpath LLC, Defendant Taylor,
and Plaintiff John Foster appeared before the Court on December 11, 2025, for a hearing
concerning the status of the bankruptcy stay and pending motions. See (Doc. 152); see also
(Docs. 141, 148). After the Court scheduled the hearing, Defendant Taylor moved to set
aside the default against him (Doc. 156) and Plaintiff filed three miscellaneous motions.
(Docs. 158-160). All pending motions relating to Defendants Taylor and Wellpath were
resolved during the hearing.
Status of Defendant Wellpath
Although the automatic bankruptcy stay has been lifted, defense counsel informed
the Court that Wellpath, LLC, is no longer the proper party entity moving forward, as a
liquidating trust has been created to succeed Wellpath. A motion regarding Wellpath’s
responsibility to answer discovery in litigation also remains pending in the bankruptcy
court. Plaintiff, appearing pro se, informed the Court that a telephonic hearing has been
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scheduled in the bankruptcy court for December 16, 2025, to address his claims against
Wellpath. Defense counsel will submit a motion to substitute the proper party and will
provide an update to the Court on the pending motion once a ruling is issued by the
bankruptcy court. To accommodate the parties until further action is taken in the
bankruptcy court, the case REMAINS STAYED as to Defendant Wellpath.
Status of Defendant Taylor
The bankruptcy court set forth opt-out procedures for litigants, including Plaintiff,
who had claims against Wellpath employees, and when Plaintiff had not opted-out by the
deadline, Defendant Taylor moved to dismiss Plaintiff’s claims. (Doc. 141). However,
Plaintiff requested and was granted an out-of-time opt-out by the bankruptcy court. (Doc.
148-3). Defendant Taylor agrees that the motion to dismiss is now moot and has orally
withdrawn the motion to dismiss on that basis. Therefore, Defendant Taylor’s motion to
dismiss (Doc. 141) is TERMINATED as moot. Because Plaintiff’s claims may move
forward against Defendant Taylor and the automatic stay has been lifted by the bankruptcy
court, the case and discovery stays in this Court are LIFTED as to Defendant Taylor.
Following the scheduling of the status hearing, Defendant Taylor moved to set aside
the default that was entered upon the docket on September 16, 2024. (Docs. 88, 156).
Plaintiff lodged no opposition and orally consented to lifting the default so that discovery
may proceed. Therefore, Defendant Taylor’s motion to set aside default (Doc. 156) is
GRANTED.
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Discovery as to Defendant Taylor
The discovery period as to Defendant Taylor begins December 11, 2025, and runs
for 90 days, until March 11, 2026. Dispositive motions are due April 10, 2026. Discovery
shall be governed by the Federal Rules of Civil Procedure and as described in the Court’s
screening orders and recommendations. See (Doc. 15, p. 16-17; Doc. 61, p. 20-22). Defense
counsel has confirmed receipt of Plaintiff’s previous discovery requests sent while the case
was stayed as to Defendant Taylor but has waived the requirement for Plaintiff to re-serve
those requests. As discussed at the hearing, for purposes of Defendant Taylor’s response
period, those requests are deemed to have been received as of December 11, 2025.
Based on the setting of this discovery period for Defendant Taylor, Plaintiff’s
motion for extension of discovery (Doc. 148) is TERMINATED as moot.1
Plaintiff’s Miscellaneous Motions
Prior to the hearing, Plaintiff filed three motions, two motions for declaratory orders
regarding issues not germane to this case (Docs. 158, 159) and a motion for leave to file
supplemental complaint in which Plaintiff moves to add the Georgia Department of
Corrections to the case. As explained by the Court in previous orders and at the hearing,
these unrelated claims are prohibited by Rule 20 of the Federal Rules of Civil Procedure,
and the Georgia Department of Corrections is not subject to suit under 42 U.S.C. § 1983.
Plaintiff’s motions (Docs. 158-160) are DENIED.
1 A previous discovery motion (Doc. 136) remains pending on the docket. The Court addressed that motion
in a previous order (Doc. 142) but then revisited that decision when granting Defendants’ motion for
reconsideration. See (Doc. 152). Accordingly, the Clerk of Court is DIRECTED to TERMINATE the
motion. (Doc. 136).
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CONCLUSION
For reasons explained above and at the December 11, 2025 status hearing, the case
REMAINS STAYED as to Defendant Wellpath, but the stay is LIFTED as to Defendant
Taylor; 	Defendant Taylor’s motion to dismiss (Doc. 141) is TERMINATED as moot;
Defendant Taylor’s motion to set aside default (Doc. 156) is GRANTED; and Plaintiff’s
miscellaneous motions (Docs. 158, 159, 160) are DENIED. Based upon the discovery
period described above, Plaintiff’s motion for extension of time to complete discovery
(Doc. 148) is TERMINATED as moot.
Because the Court previously addressed another discovery motion (Doc. 136), the
Clerk of Court is DIRECTED to TERMINATE the motion upon the docket.
SO ORDERED, this 11th day of December, 2025
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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