Attorneys for both sides will be in court Tuesday for a hearing on Subway's request that the lawsuit be dismissed.
Court documents state Subway did not report any of the allegations to law enforcement.
Fogle pleaded guilty to paying for sex with minors and watching child pornography.
Fogle claimed a federal judge erred in his sentencing by relying too heavily on "fantasies" rather that what he actually did.
An inmate, identified as Steve Nigg, pushed Fogle down and began punching him in the face.
Ronald E. Elberger stated in court documents he was diagnosed with cancer in Jan. 2015 and fell ill in December.
Fogle filed a notice of appeal in the case just this week.
His release date is scheduled for July 11, 2029.
Prosecutors in the case against Russell Taylor have asked for a 35-year sentence.
It's a decade more than the defense asked for and three years more than prosecutors wanted.