Braggs et al v. Dunn et al
Court Docket Sheet

2:2014-cv-00601 (almd)

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Description
1
06/17/2014
CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Alabama Department of Corrections, Ruth Naglich, Kim Thomas (Filing fee $ 400.00 receipt number 4602032296), filed by Dwight Hagood, Daniel Tooley, Brandon Johnson, Hubert Tollar, Rick Martin, Alex Ball, Brian Sellers, Joshua Dunn, Turner Rogers, Augustus Smith, Zerrick Naylor, William Villar, Robert Dillard, Alabama Disabilities Advocacy Program, Gary Lee Broyles, Christopher Jackson, Jermaine Mitchell, Jamie Wallace, Leviticus Pruitt, Richard Terrell, Christopher Gilbert, Willie McClendon, Jonathan Sanford, Chandler Clements, Richard Businelle, Bradley Pearson, Robert Myniasha Williams, Sylvester Hartley, Timothy Sears, Edward Braggs, John Maner, Kenneth Moncrief, Joseph Torres, Matthew Mork, Roger McCoy, Donald Ray Turner, Daletrick Hardy, Bobby Copeland, Tommie Moore, Tedrick Brooks, Howard Carter.
1
Filing Fee Receipt
1 Attachment
2
06/17/2014
Corporate/Conflict Disclosure Statement by Alabama Disabilities Advocacy Program.
3
06/17/2014
Corporate/Conflict Disclosure Statement by Joshua Dunn.
4
06/17/2014
Corporate/Conflict Disclosure Statement by Alex Ball.
5
06/17/2014
Corporate/Conflict Disclosure Statement by Edward Braggs.
6
06/17/2014
Corporate/Conflict Disclosure Statement by Tedrick Brooks.
7
06/17/2014
Corporate/Conflict Disclosure Statement by Gary Lee Broyles.
8
06/17/2014
Corporate/Conflict Disclosure Statement by Richard Businelle.
9
06/17/2014
Corporate/Conflict Disclosure Statement by Bobby Copeland.
10
06/17/2014
Corporate/Conflict Disclosure Statement by Howard Carter.
11
06/17/2014
Corporate/Conflict Disclosure Statement by Chandler Clements.
12
06/17/2014
Corporate/Conflict Disclosure Statement by Robert Dillard.
13
06/17/2014
Corporate/Conflict Disclosure Statement by Christopher Gilbert.
14
06/17/2014
Corporate/Conflict Disclosure Statement by Dwight Hagood.
15
06/17/2014
Corporate/Conflict Disclosure Statement by Daletrick Hardy.
16
06/17/2014
Corporate/Conflict Disclosure Statement by Sylvester Hartley.
17
06/17/2014
Corporate/Conflict Disclosure Statement by Christopher Jackson.
18
06/17/2014
Corporate/Conflict Disclosure Statement by Brandon Johnson.
19
06/17/2014
Corporate/Conflict Disclosure Statement by John Maner.
20
06/17/2014
Corporate/Conflict Disclosure Statement by Rick Martin.
21
06/17/2014
Corporate/Conflict Disclosure Statement by Willie McClendon.
22
06/17/2014
Corporate/Conflict Disclosure Statement by Roger McCoy.
23
06/17/2014
Corporate/Conflict Disclosure Statement by Jermaine Mitchell.
24
06/17/2014
Corporate/Conflict Disclosure Statement by Kenneth Moncrief.
25
06/17/2014
Corporate/Conflict Disclosure Statement by Tommie Moore.
26
06/17/2014
Corporate/Conflict Disclosure Statement by Matthew Mork.
27
06/17/2014
Corporate/Conflict Disclosure Statement by Zerrick Naylor.
28
06/17/2014
Corporate/Conflict Disclosure Statement by Bradley Pearson.
29
06/17/2014
Corporate/Conflict Disclosure Statement by Leviticus Pruitt.
30
06/17/2014
Corporate/Conflict Disclosure Statement by Turner Rogers.
31
06/17/2014
Corporate/Conflict Disclosure Statement by Jonathan Sanford.
32
06/17/2014
Corporate/Conflict Disclosure Statement by Timothy Sears.
33
06/17/2014
Corporate/Conflict Disclosure Statement by Brian Sellers.
34
06/17/2014
Corporate/Conflict Disclosure Statement by Augustus Smith.
35
06/17/2014
Corporate/Conflict Disclosure Statement by Richard Terrell.
36
06/17/2014
Corporate/Conflict Disclosure Statement by Hubert Tollar.
37
06/17/2014
Corporate/Conflict Disclosure Statement by Daniel Tooley.
38
06/17/2014
Corporate/Conflict Disclosure Statement by Joseph Torres.
39
06/17/2014
Corporate/Conflict Disclosure Statement by Donald Ray Turner.
40
06/17/2014
Corporate/Conflict Disclosure Statement by William Villar.
41
06/17/2014
Corporate/Conflict Disclosure Statement by Jamie Wallace.
42
06/17/2014
Corporate/Conflict Disclosure Statement by Robert Myniasha Williams.
43
06/26/2014
Motion for Miriam Haskell to Appear Pro Hac Vice (Filing fee $ 50.00 receipt number 4602032360) by All Plaintiffs.
1
Exhibit A, Certificate of Good Standing
2
Proposed Order
3
Pro Hac Vice Filing Fee Receipt
3 Attachments
44
06/27/2014
TEXT ORDER granting 43 Motion for Miriam Haskell to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 6/27/2014. (NO PDF attached)
45
07/25/2014
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.
07/25/2014
***Attorney Maria V Morris, Ebony Glenn Howard, Miriam Fahsl Haskell, William Van Der Pol, Jr., James Patrick Hackney added for Cherry Baker, Quang Bui, Charlie Henderson, and Roger Moseley. (see Doc. 45 for pdf) (Text entry; no document attached.)
46
07/28/2014
SUMMONS Returned Executed by All Plaintiffs. Kim Thomas served on 7/28/2014, answer due 8/18/2014.
47
07/28/2014
Summons Issued as to Alabama Department of Corrections, Ruth Naglich, and Kim Thomas and returned to counsel for personal service.
48
07/28/2014
SUMMONS Returned Executed by All Plaintiffs. Ruth Naglich served on 7/28/2014, answer due 8/18/2014.
49
07/28/2014
SUMMONS Returned Executed by All Plaintiffs. Alabama Department of Corrections served on 7/28/2014, answer due 8/18/2014.
50
08/08/2014
MOTION for Extension of Time to File Answer re 45 Amended Complaint by Alabama Department of Corrections, Ruth Naglich, and Kim Thomas. Modified on 8/11/2014 to add additional filers.
51
08/08/2014
ORDER granting 50 Motion for Extension of Time and the time for defendants to answer or otherwise respond to the complaint is EXTENDED to and including 8/29/2014. Signed by Chief Judge William Keith Watkins on 8/8/14.
08/08/2014
***Attorney David Randall Boyd added for Alabama Department of Corrections. Attorney William Richard Lunsford, and Mitesh Shah added for Ruth Naglich, and Kim Thomas. (see Doc. 50 for pdf) (Text entry; no document attached.)
08/08/2014
***Attorney Michael Leon Edwards, and Susan Nettles Han added for Alabama Department of Corrections. (see Doc. 50 for pdf) (Text entry; no document attached.)
52
08/29/2014
ANSWER to 45 Amended Complaint (First) by Alabama Department of Corrections, Ruth Naglich, Kim Thomas.
53
09/03/2014
Corporate/Conflict Disclosure Statement by Alabama Department of Corrections, Ruth Naglich, Kim Thomas.
54
09/04/2014
NOTICE of Appearance by Alyce Robertson Addison on behalf of Alabama Department of Corrections
55
09/04/2014
NOTICE of Appearance by Elizabeth Anne Sees on behalf of Alabama Department of Corrections
56
09/04/2014
MOTION for Preliminary Injunction by Howard Carter, Joshua Dunn, Daletrick Hardy, Leviticus Pruitt, Robert Myniasha Williams.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
6
Exhibit 6
7
Exhibit 7
8
Exhibit 8
9
Exhibit 9
10
Exhibit 10
11
Exhibit 11
12
Exhibit 12
13
Exhibit 13
14
Exhibit 14
15
Exhibit 15
16
Exhibit 16
17
Exhibit 17
18
Exhibit 18
19
Exhibit 19
20
Exhibit 20
21
Exhibit 21
22
Exhibit 22
23
Exhibit 23
24
Exhibit 24
25
Exhibit 25
26
Exhibit 26
27
Exhibit 27
28
Exhibit 28
29
Exhibit 29
30
Exhibit 30
31
Exhibit 31
32
Exhibit 32
33
Exhibit 33
34
Exhibit 34
35
Exhibit 35
36
Exhibit 36
37
Exhibit 37
38
Exhibit 38
39
Exhibit 39
40
Exhibit 40
41
Exhibit 41
42
Exhibit 42
43
Exhibit 43
44
Exhibit 44
45
Exhibit 45
46
Exhibit 46
46 Attachments
09/04/2014
BRIEF/MEMORANDUM in Support of 56 MOTION for Preliminary Injunction filed by Howard Carter, Joshua Dunn, Daletrick Hardy, Leviticus Pruitt, Robert Myniasha Williams. (This document has no pdf attached, see Doc. 56 for pdf.) (Text entry; no document attached.)
09/04/2014
***Attorney Latasha Lanette Mccrary added for All Plaintiffs. (see Doc. 56 for pdf) (Text entry; no document attached.)
57
09/05/2014
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 9/26/2014. Signed by Chief Judge William Keith Watkins on 9/5/2014.
58
09/05/2014
BRIEFING ORDER re 56 MOTION for Preliminary Injunction filed by Daletrick Hardy, Joshua Dunn, Leviticus Pruitt, Howard Carter, Robert Myniasha Williams. Motion Submission Deadline set for 10/3/2014 without oral argument. It is further ORDERED that the defendants file a response, which shall include a brief, on or before 9/26/2014. The plaintiffs may file a reply brief on or before 10/3/2014. ORDER setting out briefing schedules for dispositive motions. Signed by Chief Judge William Keith Watkins on 9/5/2014.
59
09/05/2014
NOTICE of Appearance by Anne Adams Hill on behalf of Alabama Department of Corrections
60
09/11/2014
REPORT of Rule 26(f) Planning Meeting.
61
09/16/2014
[VACATED PURSUANT TO COURT 238 ORDER.] ORDER: It is ORDERED that the terms of the discovery plan set out in the 60 Report are ADOPTED and INCORPORATED herein, and that the deadlines pertaining to the class certification phase of the litigation are as follows: (1) Plaintiffs shall submit their expert disclosure(s) to Defendants on or before 6/3/2015, and shall make their expert(s) available for deposition on or before 7/24/2015. Defendants shall submit their expert disclosure(s) to Plaintiffs on or before 7/1/2015, and shall make their expert(s) available for deposition on or before 8/14/2015. (2) Motions to Amend the pleadings and to add parties shall be filed (a) by Plaintiffs on or before 2/20/2015; (b) by Defendants on or before 3/6/2015. (3) Plaintiffs shall file any motion for class certification and supporting materials on or before 9/4/2015. Discovery related to class certification will cease when the motion is filed. The parties shall follow the briefing schedule set out in the 60 Report, but when briefing the class certification motion, the parties should adhere to the court's 58 General Briefing Order. It is further ORDERED that within 30 days of the court's ruling on class certification, the parties shall meet and confer about any remaining discovery issues and shall jointly submit a report proposing deadlines for final discovery, the submission of dispositive motions, and a trial setting. Signed by Chief Judge William Keith Watkins on 9/16/2014. Modified on 9/4/2015.
62
09/26/2014
RESPONSE in Opposition re 56 MOTION for Preliminary Injunction filed by Alabama Department of Corrections, Ruth Naglich, Kim Thomas.
1
Exhibit 1
2
Exhibit 2
2 Attachments
63
10/03/2014
REPLY to Response to Motion re 56 MOTION for Preliminary Injunction Regarding Razor Blades filed by Howard Carter, Joshua Dunn, Daletrick Hardy, Leviticus Pruitt, Robert Myniasha Williams.
1
Exhibit 1- ADOC Administrative Regulation 435
2
Exhibit 2 - ADOC Administrative Regulation 434
3
Exhibit 3 - Reply Declaration of Daletrick Hardy Regarding Razor Blades
4
Exhibit 4 - Reply Declaration of Jonathan Sanford Regarding Razor Blades
5
Exhibit 5 - ADOC 1977 Handbook of Rules and Information for Inmates (excerpt)
6
Exhibit 6 - Reply Declaration of Richard Businelle Regarding Razor Blades
7
Exhibit 7 - Reply Declaration of Robert Dillard Regarding Razor Blades
8
Exhibit 8 - Reply Declaration of Richard Terrell Regarding Razor Blades
9
Exhibit 9 - ADOC Administrative Regulation 613
10
Exhibit 10 - Administrative Regulation 602
11
Exhibit 11 - Monthly Report of MHM to ADOC, April 2014 (excerpt)
12
Exhibit 12 - Reply Declaration of Jamie Wallace Regarding Razor Blades
13
Exhibit 13 - Reply Declaration of William Villar Regarding Razor Blades
13 Attachments
64
11/17/2014
Case REASSIGNED to Honorable Judge Myron H. Thompson. Chief Judge William Keith Watkins no longer assigned to the case.
11/19/2014
Set Hearings: Telephone Conference set for 11/24/2014 10:30 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
65
11/20/2014
MOTION for Leave to Depose Incarcerated Plaintiffs by Alabama Department of Corrections, Ruth Naglich, Kim Thomas.
66
11/21/2014
ORDER that the 65 Motion for Leave to Depose Incarcerated Named Plaintiffs is GRANTED as further set out in the order. The persons having custody of JOSHUA DUNN, DALETRICK HARDY, BRIAN SELLERS, HUBERT TOLLAR, RICK MARTIN, HOWARD CARTER, SYLVESTER HARTLEY, CHRISTOPHER JACKSON, and QUANG BUI are DIRECTED to prodice each plaintiff for deposition. Signed by Honorable Judge Terry F. Moorer on 11/21/2014. Copy furnished to Transfer Agent.
67
11/24/2014
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 11/24/2014 (PDF available for court use only). (Recording Time 10:39 - 11:21.)
68
11/24/2014
Joint MOTION for Protective Order by Alabama Department of Corrections.
1
Exhibit A
1 Attachment
69
11/25/2014
ORDER as follows: (1) The plaintiffs' 56 MOTION for Preliminary Injunction is set for an Evidentiary Hearing on 2/9/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court hopes the evidentiary hearing will last no more than five days. (2) Before 12/19/2014, the parties are to file a joint statement of the agreed-upon facts and a joint statement setting forth the different versions of the not-agreed-upon facts for the preliminary-injunction hearing. (3) By 2/2/2015, all discovery for the preliminary-injunction hearing is to be completed. (5) By 2/5/2015, the parties are to meet and notify the court which exhibits are admissible by agreement and which are not. By said date, they are also to submit to the courtroom deputy, for marking, copies of all exhibits. (6) The time-period for responding to discovery relating to the preliminary-injunction hearing is shortened to three-business days. Signed by Honorable Judge Myron H. Thompson on 11/25/2014. Copies furnished to calendar group, AG.
70
11/25/2014
PROTECTIVE ORDER granting 68 Joint Motion for Entry of Consent Protective Order as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 11/25/2014.
71
11/26/2014
ORDER: It is ORDERED that, by January 16, 2015, the parties are to get with the Magistrate Judge and the U.S. Marshal to arrange for the presence of any state inmates at the hearing on the preliminary-injunction motion currently scheduled for February 9, 2015. Signed by Honorable Judge Myron H. Thompson on 11/26/2014. Copies furnished to USM, Transfer Agent.
72
11/26/2014
[VACATED PURSUANT TO COURT 238 ORDER.] ORDER: On 11/24/2014, this court held an on-the-record conference call with counsel for all parties present. It is ORDERED that the 61 Scheduling Order is amended as follows and as further set out in the order: Non-Jury Trial set for 3/14/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Final Pretrial Conference set for 2/1/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Proposed Pretrial Order due by 1/27/2016. The class certification motion is set for Oral Argument on 6/24/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court will have a resolution of the class certification issue by 7/15/2015. Discovery due by 11/2/2015. Motions due by 10/2/2015. By no later than 28 days before trial, the parties are to get with the Magistrate Judge and the U.S. Marshal to arrange for the presence of any state inmates. Signed by Honorable Judge Myron H. Thompson on 11/26/2014. Copies furnished to calendar group, AG, Transfer Agent, USM. Modified on 9/9/2015.
73
12/01/2014
ORDER: With regard to the upcoming preliminary-injunction hearing, it is ORDERED that an on-the-record in-person Status Conference is set for 1/29/2015 at 10:00 AM in chambers library in Montgomery, AL before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 12/1/2014. Copies furnished to calendar group, AG.
74
12/02/2014
NOTICE of Appearance by Valentina Restrepo on behalf of All Plaintiffs
75
12/09/2014
ORDER that the clerk of the court is to mail (or email) to counsel for all parties in this case the current filings in McBee v. Daniels, 2:14cv1204-MHT (M.D. Ala.). While the court believes that all counsel should be aware of some of the claims in the pro se McBee lawsuit, the court is not suggesting that the McBee claims have merit, that they should be part of the Dunn litigation, or that counsel should be appointed to represent McBee. Signed by Honorable Judge Myron H. Thompson on 12/9/2014. Copies mailed and emailed to counsel as directed.
76
12/11/2014
ORDER: Having considered the mutual consent of the parties as well as the nature of this action, the court finds that this matter is appropriate for mediation pursuant to Rule 16.1 of this court's Local Rules. Accordingly, it is ORDERED as follows: (1) All aspects of mediation shall be private, confidential, and privileged from discovery. Furthermore, the mediator is disqualified as a witness, consultant, attorney, or expert in any pending or future action relating to the dispute, including actions between persons not parties to the mediation process. No subpoenas, citations, writs, discovery paper, or other process shall be served at or near the location of any mediation session upon any person entering, leaving, or attending any mediation session. (2) Pursuant to the agreement of the parties, the court hereby appoints G. Douglas Jones, Esq., as mediator in this matter. The costs of mediation shall be borne equally by the parties. Counsel and the parties shall endeavor in good faith to resolve the case through mediation. Each party must be represented at the mediation by a representative or representatives with full authority to negotiate a settlement. The mediation shall be completed on or before March 6, 2015. Within ten (10) days following mediation, the mediator will report to the court only that a settlement was reached or mediation was conducted and no settlement agreements were reached, whether each party acted in good faith to resolve the matter, and nothing more. Signed by Honorable Judge Myron H. Thompson on 12/11/2014.
77
12/11/2014
NOTICE of Appearance by William Glassell Somerville, III on behalf of All Plaintiffs
12/11/2014
***Attorney Brent T. Rosen, William Glassell Somerville, III, and Andrew Philip Walsh added for All Plaintiffs. (see Doc. 77 for pdf) (Text entry; no document attached.)
12/18/2014
Set Hearings: Telephone Conference set for 12/19/2014 01:30 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
78
12/19/2014
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 12/19/2014 (PDF available for court use only). (Recording Time 1:32 - 1:41.)
79
12/19/2014
ORDERED that the 12/19/2014, deadline for parties to file a joint statement setting forth the agreed-upon facts and the not-agreed-upon facts for the preliminary injunction hearing is extended to 1/9/2015. Signed by Honorable Judge Myron H. Thompson on 12/19/2014.
80
12/31/2014
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on November 24, 2014, before Judge Thompson. Court Reporter/Transcriber Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 1/21/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 3/31/2015.
81
01/09/2015
ORDER: At the request of the parties, it is ORDERED that the 12/19/2014 deadline for parties to file a joint statement setting forth the agreed-upon facts and the not-agreed-upon facts for the preliminary injunction hearing is extended further to 1/12/2015. Signed by Honorable Judge Myron H. Thompson on 1/9/2015.
82
01/12/2015
Response to 69 Order, 56 MOTION for Preliminary Injunction Joint Request for Continuance of Evidentiary Hearing by Howard Carter, Joshua Dunn, Daletrick Hardy, Leviticus Pruitt, Robert Myniasha Williams. Modified on 1/13/2015 to clean up text and reflect this document is a "Joint Request" (Motion).
01/12/2015
JOINT REQUEST for Continuance of Evidentiary Hearing on Plaintiffs' 56 Motion for Preliminary Injunction by Howard Carter, Joshua Dunn, Daletrick Hardy, Leviticus Pruitt, Robert Myniasha Williams. (This document has no pdf attached, see Doc. 82 for pdf.) (Text entry; no document attached.)
01/13/2015
Set Hearings: Telephone Conference set for 1/14/2015 10:00 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
83
01/14/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/14/2015 (PDF available for court use only). (Recording Time 10:07 - 10:16.)
84
01/16/2015
ORDER: Pursuant to the parties' 82 Memorandum of Understanding and based on the representations made on the record on 1/14/2015, it is ORDERED as follows: (1) The 82 Joint Request for Continuance is granted. (2) The 56 Motion for Preliminary Injunction is denied without prejudice, with leave to renew on or before 4/13/2015, and with leave then to be reinstated as if it had been filed on the original filing date. If the motion is renewed and reinstated, the court will set a new hearing date after conferring with counsel for the parties. (3) The Status Conference set for 1/29/2015, and the Evidentiary Hearing set for 2/9/2015 are canceled. Signed by Honorable Judge Myron H. Thompson on 1/16/2014. Copies furnished to calendar group, AG.
85
02/17/2015
NOTICE of Appearance by Janine Alicia McKinnon on behalf of Ruth Naglich, Kim Thomas
86
02/19/2015
MOTION for Extension of Pre-Trial Deadlines Class Certification and Discovery Deadlines re 72 Order, by All Plaintiffs. Modified on 2/20/2015 to clean up text.
87
02/20/2015
MOTION to Compel Production of Documents Relating to Performance Audits by All Plaintiffs.
1
Exhibit Medical care audit tools
2
Exhibit Mental health audit tools
3
Exhibit Plaintiffs' First Requests
4
Exhibit Defendants' Responses
5
Exhibit Emails re setting meet and confer
6
Exhibit Plaintiffs' meet and confer letter
7
Exhibit Official Capacity Defendants' meet and confer letter
8
Exhibit ADOC meet and confer letter
9
Exhibit Plaintiffs' 2nd meet and confer letter
10
Exhibit Defendants' 2nd meet and confer letter
11
Exhibit Scott v Clarke
12
Exhibit Excerpts of Linton Deposition
12 Attachments
88
02/20/2015
ORDER that plaintiffs' 86 Motion for Extension of Deadlines is set for an in-person hearing on 3/2/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Defendants are to file a response to the motion by no later than 2/24/2015. Signed by Honorable Judge Myron H. Thompson on 2/20/2015. Copies furnished to calendar group, AG.
89
02/20/2015
MOTION to Amend/Correct Complaint by All Plaintiffs.
1
Exhibit Proposed Second Amended Complaint
2
Exhibit Scott v Clarke 11-20-14 Order
3
Exhibit Scott v. Clarke 11-25-14 Order
4
Exhibit Huntsville - Order
4 Attachments
90
02/23/2015
ORDER that plaintiffs' 89 Motion for Leave to Amend Complaint is granted. The court assumes that defendants have no objection to the allowance of the amendment; however, if they do, they must file their objection within seven days from the date of this order. Signed by Honorable Judge Myron H. Thompson on 2/23/2015.
91
02/23/2015
ORDER re 87 Motion to Compel Production of Documents Relating to Performance Audits filed by All Plaintiffs. Oral Argument set for 3/2/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Terry F. Moorer. The opposing party shall file a written response not later than two (2) days prior to argument. Signed by Honorable Judge Terry F. Moorer on 2/23/2015. Copies furnished to calendar group, CB.
92
02/24/2015
Joint MOTION for Teleconference by Ruth Naglich, Kim Thomas (Billy Sharp), Alabama Department of Corrections, and All Plaintiffs. Modified on 2/25/2015 to add additional filers.
02/24/2015
Set Hearings: Telephone Conference re 92 Joint Motion for Telephone Conference set for 2/26/2015 08:00 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
93
02/24/2015
TEXT ORDER granting 92 Motion for telephone conference. Entered by Honorable Judge Myron H. Thompson on 2/24/2015.
94
02/26/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 2/26/2015 (PDF available for court use only). (Recording Time 8:13 - 8:41.)
95
02/26/2015
MOTION to Withdraw 87 MOTION to Compel Production of Documents Relating to Performance Audits by All Plaintiffs.
96
02/27/2015
MOTION to Withdraw as Attorney by Alabama Department of Corrections.
97
02/27/2015
ORDER: Based on the representations made on the record on 2/26/2015, it is ORDERED that the motion for extension (doc. no. 86) is granted only to the extent that the parties, with the help of mediator Douglas Jones, are to submit proposed new deadlines by 3/2/2015. Signed by Honorable Judge Myron H. Thompson on 2/27/2015.
98
02/27/2015
ORDER as follows: (1) The 95 Motion to Withdraw the 87 Motion to Compel is GRANTED; and (2) The Oral Argument set before the undersigned on 3/2/2015 is CANCELLED. Signed by Honorable Judge Terry F. Moorer on 2/27/2015. Copies furnished to calendar group, CB.
99
03/02/2015
SECOND AMENDED COMPLAINT Class Action Complaint for Declaratory and Injunctive Relief against Billy Sharp, Ruth Naglich, and Alabama Department of Corrections, adding Paul Folsom as newly named Plaintiff, filed by All Plaintiffs. Modified on 3/3/2015 to reflect actual title, to correct filer, and to add name of newly named plaintiff.
100
03/02/2015
TEXT ORDER granting 96 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on March 2, 2015. (No PDF document attached to this entry.)
03/02/2015
*** Attorney Alyce Robertson Addison terminated. (Text entry; no document attached.)
101
03/02/2015
Joint MOTION for Extension of All Pre-Trial Deadlines in the 72 Scheduling Order, and the 76 Order regarding the the deadline for completing mediation, by All Plaintiffs. Modified on 3/3/2015 to reflect actual title and clean up text.
102
03/03/2015
[VACATED PURSUANT TO COURT 238 ORDER.] ORDER that the 101 Joint Motion for Extension is granted and that the 72 Scheduling Order is amended as further set out in the order and as follows: Class certification motion, with brief due by 8/3/2015. Opposition brief due 8/17/2015. Reply brief due by 8/24/2015. Class Certification hearing (Oral Argument) set for 8/26/2015 10:00 AM before Honorable Judge Myron H. Thompson. Decision on class certification due by 9/16/2015. Dispositive motions & Daubert motions due 12/21/2015. Discovery due by 1/11/2016. Signed by Honorable Judge Myron H. Thompson on 3/3/2015. Copies furnished to calendar group, AG. (Deadline terminated: Oral Argument set for 6/24/2015.) Modified on 9/9/2015.
103
03/05/2015
Unopposed MOTION for Extension of Time to File Answers to 99 Second Amended Complaint, by Alabama Department of Corrections, and Billy Sharp. Modified on 3/6/2015 to add additional filer and clean up text.
104
03/05/2015
TEXT ORDER granting 103 Motion for Extension of Time to Answer. Answer due from Alabama Department of Corrections on 3/30/2015. Signed by Honorable Judge Myron H. Thompson on 3/5/2015. (NO PDF attached)
105
03/06/2015
NOTICE of Appearance by Gregory Martin Zarzaur on behalf of Alabama Disabilities Advocacy Program (Main Document 105 replaced on 3/6/2015 to correct caption and certificate of service.). Modified on 3/6/2015.
106
03/06/2015
NOTICE of Correction re 105 Notice of Appearance. The original pdf contained typographical errors and did not contain a proper electronic signature. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
105
None
2 Attachments
107
03/06/2015
NOTICE of Appearance by Diandra Sima Debrosse on behalf of Alabama Disabilities Advocacy Program Modified on 3/9/2015 to include correct name of attorney requesting appearance.
108
03/06/2015
NOTICE of Appearance by Anil A. Mujumdar on behalf of Alabama Disabilities Advocacy Program Modified on 3/9/2015 to include correct name of attorney requesting appearance.
03/06/2015
***Attorney Anil Ashok Mujumdar, and Diandra S Debrosse added for Alabama Disabilities Advocacy Program. (see Doc. 107 and 108 for pdfs) (Text entry; no document attached.)
109
03/13/2015
MOTION to Compel Production of Documents Relating to Non-Plaintiffs by All Plaintiffs.
1
Exhibit 1 - Plaintiffs Third Set of Requests for Production of Documents
2
Exhibit 2 - The States Objections and Responses to Plaintiffs Third Set of Requests for Production of Documents
3
Exhibit 3 - Excerpts of Deposition Transcript, May 9, 2013 Deposition of Larry Linton
3 Attachments
110
03/16/2015
ORDER Setting oral argument on the 109 MOTION to Compel Production of Documents : for 3/31/2015 @ 10:00 AM before Honorable Judge Terry F. Moorer, in Courtroom 4A, US Courthouse Complex, Montgomery, AL; the opposing party shall file a written response no later than 2 days prior to argument. Signed by Honorable Judge Terry F. Moorer on 3/16/15. Furnished to calendar group & CB.
111
03/18/2015
MOTION to Dismiss Jonathan Sanford as a Plaintiff by Jonathan Sanford.
112
03/20/2015
ORDER that: (1) The 111 Request to Dismiss is granted. (2) (2) Plaintiff Jonathan Sanfords claims are dismissed without prejudice, and he is terminated as a party to this action. The court assumes that the defendants have noobjection to the allowance of the dismissal; however, if they do, they must file the objection within seven days from the date of this order. Signed by Honorable Judge Myron H. Thompson on 3/20/2015.
113
03/20/2015
Motion for Alison Hardy to Appear Pro Hac Vice by All Plaintiffs. Modified on 3/23/2015 to add name of attorney requesting appearance.
1
Text of Proposed Order
1 Attachment
114
03/20/2015
Motion for Donald Spencer to Appear Pro Hac Vice by All Plaintiffs. Modified on 3/23/2015 to add name of attorney requesting appearance.
1
Text of Proposed Order Admitting Donald Specter
1 Attachment
115
03/20/2015
Motion for Sara Norman to Appear Pro Hac Vice by All Plaintiffs. Modified on 3/23/2015 to add attorney name requesting appearance.
1
Text of Proposed Order Admitting Sara Norman
1 Attachment
116
03/20/2015
Motion for Corene Kendrick to Appear Pro Hac Vice by All Plaintiffs. Modified on 3/23/2015 to add attorney name requesting appearance.
1
Text of Proposed Order Admitting Corene Kendrick
1 Attachment
117
03/20/2015
Motion for Rebekah Evenson to Appear Pro Hac Vice by All Plaintiffs. Modified on 3/23/2015 to add attorney name requesting appearance.
1
Text of Proposed Order Admitting Rebekah Evenson
1 Attachment
118
03/20/2015
Pro Hac Vice Filing fees for Alison Hardy, Donald Specter, Sara Norman, Corene Kendrick, and Rebekah Evenson received re Motions (Doc. Nos. 113, 114, 115, 116, and 117): $ 250.00, receipt number 4602036131
03/20/2015
***Attorney Donald H. Specter,Alison Hardy,Sara Linda Norman,Corene T. Kendrick, and Rebekah B. Evenson added PRO HAC VICE for All Plaintiffs. (see Doc. Nos. 113, 114, 115, 116, and 117 for pdfs) (Text entry; no document attached.)
119
03/23/2015
TEXT ORDER granting 113 Motion for Alison Hardy to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/23/2015. (NO PDF attached)
120
03/23/2015
TEXT ORDER granting 114 Motion for Donald Spencer to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/23/2015. (NO PDF attached)
121
03/23/2015
TEXT ORDER granting 115 Motion for Sara Norman to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/23/2015. (NO PDF attached)
122
03/23/2015
TEXT ORDER granting 117 Motion for Rebekah Evenson to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/23/2015. (NO PDF attached)
123
03/23/2015
TEXT ORDER granting 116 Motion for Corene Kendrick to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 3/23/2015. (NO PDF attached)
124
03/25/2015
MOTION for Protective Order To Treat Plaintiffs' Medical Records As Confidential by All Plaintiffs.
1
Exhibit 1 - Turner Rogers Excerpt
1 Attachment
125
03/26/2015
SUGGESTION OF DEATH Upon the Record as to Plaintiff Bobby Copeland by Alabama Department of Corrections.
126
03/26/2015
RESPONSE in Opposition re 109 MOTION to Compel Production of Documents Relating to Non-Plaintiffs filed by Alabama Department of Corrections, Ruth Naglich, Billy Sharp.
1
Affidavit Affidavit of Ruth Naglich
1 Attachment
127
03/30/2015
Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint, by Alabama Department of Corrections, Ruth Naglich, Billy Sharp. Modified on 3/31/2015 to clarify docket text pursuant to PDF document.
128
03/30/2015
ANSWER to 99 Second Amended Complaint, by Alabama Department of Corrections, Ruth Naglich, Billy Sharp. Modified on 3/31/2015 to correct docket text, remove relationship to 1 Complaint and create relationship to 99 Second Amended Complaint.
129
03/31/2015
NOTICE of Non-Compliance to Attorneys Alison Hardy, Corene T. Kendrick, Donald H. Specter, Rebekah B. Evenson, and Sara Linda Norman.
1
Standing ORDER
2
Form
2 Attachments
03/31/2015
NOTICE of Docket Text Correction re 128 Answer to reflect correcting docket text to Answer to 99 Second Amended Complaint and to correct docket relationships. (No PDF document attached to this entry.) (Text entry; no document attached.)
130
04/01/2015
ORDER directing that the 127 MOTION to Dismiss is set for Submission, without oral argument, on 4/22/2015, with any Opposition brief due by 4/15/2015, and any Reply to the opposition due by 4/22/2015. Signed by Honorable Judge Myron H. Thompson on 4/1/15.
131
03/31/2015
Minute Entry for Motion Hearing re: 109 Motion to Compel Production of Documents relating to Non-Plaintiffs held before Honorable Judge Terry F. Moorer on 3/31/2015. (PDF available for court use only). (Recording Time 10:09-11:43.)
132
04/08/2015
MOTION to Withdraw as Attorney Donald Specter, Alison Hardy, Sara Norman, Rebekah Evenson, and Corene Kendrick by All Plaintiffs.
1
Text of Proposed Order
1 Attachment
133
04/08/2015
ORDER re 109 Motion to Compel Production of Document Relating to Non-Plaintiffs. ORDER as follows: (1) Both pre-class certification discovery and discovery on the merits of the claims shall proceed as previously scheduled. (2) To the extent the plaintiffs seek records relating to pregnancy, the Motion to Compel is DENIED as further set out in the order. (3) To the extent the parties seek to discovery medical and mental health records of non-plaintiffs, the Motion to Compel is GRANTED with the aforementioned limitations as further set out in the order. The defendants and/or entity in possession of the pharmaceutical records shall produce such information to the plaintiffs on or before June 9, 2015. Signed by Honorable Judge Terry F. Moorer on 4/8/2015.
134
04/08/2015
TEXT ORDER granting 132 Motion for Donald Specter, Alison Hardy, Sara Norman, Rebekah Evenson, and Corene Kendrick to Withdraw as Attorneys. Signed by Honorable Judge Myron H. Thompson on 4/8/2015. (NO PDF attached) Modified on 4/8/2015 to include Alison Hardy as one of the attorneys withdrawing, inadvertently left out when filed.
04/08/2015
*** Attorney Corene Kendrick; Sara Linda Norman; Donald Specter; Rebekah B Evenson and Alison Hardy terminated pursuant to Court Text Order (Doc. #134). (Text entry; no document attached.)
135
04/10/2015
Joint MOTION to Amend/Correct 84 Order, by Alabama Department of Corrections, Joshua Dunn, Ruth Naglich, and All Plaintiffs. Modified on 4/13/2015 to add additional filers.
1
Exhibit 1 - Amendment to MOU
1 Attachment
136
04/13/2015
ORDER: Pursuant to the 135 Joint Request, it is ORDERED that Jefferson S. Dunn shall replace Billy Sharp as a defendant in this case, as to all future filings as well as to the docket sheet. Jefferson S. Dunn substituted for Billy Sharp (in his official capacity as Interim Commissioner of the Alabama Department of Corrections). Attorney Janine McKinnon McAdory, John Garland Smith, Mitesh Shah, and William Richard Lunsford added for Jefferson S. Dunn. Attorney Mitesh Shah; John Garland Smith; William Richard Lunsford and Janine McKinnon McAdory terminated as counsel for Billy Sharp. Signed by Honorable Judge Myron H. Thompson on 4/13/2015.
137
04/13/2015
ORDER as follows: (1) The 135 Joint Request regarding plaintiffs' motion is granted. (2) The 84 Order of 1/16/2015 is amended to allow plaintiffs until 5/13/2015, to renew their motion for preliminary injunction with regard to Easterling Correctional Facility, the segregation units at Holman, Bibb, and St. Clair Correctional Facilities, and L Dorm at Kilby Correctional Facility. Signed by Honorable Judge Myron H. Thompson on 4/13/2015.
138
04/13/2015
ORDER directing defendants TO SHOW CAUSE as to why the 124 Motion to Treat Plaintiffs' Medical Records as Confidential, consistent with the Protective Order previously entered in this matter, should not be granted. Show Cause Response due by 4/28/2015. Signed by Honorable Judge Terry F. Moorer on 4/13/2015.
139
04/14/2015
INTERIM MEDIATION REPORT filed in response to 102 Order, by Alabama Department of Corrections. Modified on 4/15/2015 to reflect actual title and clean up text.
140
04/15/2015
RESPONSE in Opposition re 127 Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Zerrick Naylor, Bradley Pearson.
1
Exhibit 1 - Sentencing Orders for Bradley Pearson
2
Exhibit 2- Sentencing Order for Zerrick Naylor
3
Exhibit 3 - Order of Probation for Bradley Pearson
3 Attachments
141
04/20/2015
MOTION to Withdraw William Villar as a Named Plaintiff by William Villar.
142
04/21/2015
ORDER that, in the future, all motions must bear the notation in their styles as to whether they are "unopposed" or "opposed" by the non-movants. Signed by Honorable Judge Myron H. Thompson on 4/20/2015.
143
04/21/2015
JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs' 141 Motion for William Villar to Withdraw as a named plaintiff is granted and that plaintiff Villar is dismissed and terminated as a party with prejudice. The court assumes that the non-movants have no objection to the allowance of the dismissal; however, if they do, they must file the objection within seven days from the date of this judgment. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 4/20/2015.
144
04/21/2015
Response to Order re 133 Order on Motion to Compel, Objection to Magistrate Judge's Order by All Plaintiffs.
1
Exhibit 1 - Wilcox Declaration
2
Exhibit 2 - Shulman Declaration
3
Exhibit 3 - Blanck Declaration
3 Attachments
145
04/22/2015
REPLY to Plaintiffs' 140 Opposition to 127 Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 4/23/2015 to create link to Doc. 140.
146
04/24/2015
Response to Order re 133 Order on Motion to Compel, 144 Response to Order, Corrected Objection to Magistrate Judge's Order (Corrections to Exhibits Only) by All Plaintiffs.
1
Exhibit 1 - Wilcox Declaration
2
Exhibit 2 - Shulman Declaration
3
Exhibit 3 - Blanck Declaration
3 Attachments
147
04/24/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 3/31/2015, before Judge Terry F. Moorer; Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 5/15/2015; Redacted Transcript Deadline set for 5/26/2015; Release of Transcript Restriction set for 7/23/2015.
148
04/28/2015
NOTICE of Appearance by Rhonda C. Brownstein on behalf of All Plaintiffs
149
04/28/2015
UNOPPOSED MOTION for Leave to File Under Seal Its Response to Named Plaintiffs' Motion to Treat Named Plaintiffs' Medical Records as Confidential by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 4/29/2015 to include Response with Exhibits FILED UNDER SEAL pending ruling on Motion.
1
Text of Proposed Order Proposed Order) (Additional attachment(s) (FILED UNDER SEAL conventionally) added on 4/29/2015 : #
2
Response
3
Exhibit A
4
Exhibit B
5
Exhibit C
6
Exhibit D
7
Exhibit E
8
Exhibit F
8 Attachments
150
04/29/2015
ORDER that the unopposed 149 Motion to File its Response to Named Plaintiffs' Motion to Treat Named Plaintiffs' Medical Records as Confidential Under Seal filed by Defendants be and is hereby GRANTED. The Clerk is directed to file the Response and any attachments thereto under seal. Signed by Honorable Judge Terry F. Moorer on 4/29/2015.
151
04/28/2015
*SEALED* RESPONSE to Named Plaintiffs' 124 MOTION to Treat Named Plaintiffs' Medical Records as Confidential filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F) (FILED UNDER SEAL pursuant to Court
150
Order.
7 Attachments
152
04/30/2015
MOTION to Compel ADEQUATE SITE INSPECTIONS BY EXPERTS AND REQUEST FOR EXPEDITED RESOLUTION OF THIS MATTER BY THE DISTRICT COURT JUDGE (OPPOSED) by All Plaintiffs.
1
Exhibit 1 - Hackney Email re Site Visits
2
Exhibit 2 - Smith & McCrary Emails re Site Visits
3
Exhibit 3 - Lunsford Email re Site Visits
4
Exhibit 4 - Wilcox Declaration
5
Exhibit 5- Blanck Declaration
6
Exhibit 6 - Vail Declaration
7
Exhibit 7 - Excerpt of Shansky Declaration - Coleman/Plata
8
Exhibit 8 - Excerpt of Stern Declaration - Dockery
9
Exhibit 9 - Excerpt of LaMarre Declaration - Dockery
10
Exhibit 10 - Excerpt of Vail Declaration - Dockery
11
Exhibit 11 - Minute Order in Hernandez re Expert Inspections
11 Attachments
153
04/30/2015
ORDER that a Scheduling and Status Conference and Oral Argument on this matter be and is hereby set on 5/8/2015 at 09:00 AM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. The parties should be prepared to discuss whether modification of the scheduling order is appropriate, specifically whether bifurcation of discovery is appropriate, whether discovery is feasible within the current trial schedule, and/or whether other options are available for conducting discovery which is practical for all parties. The parties should also be prepared to discuss all 30 discovery requests. Signed by Honorable Judge Terry F. Moorer on 4/30/2015. Copies furnished to calendar group, CB.
154
04/30/2015
ORDER: Because the magistrate judge has today entered an order setting a status conference for 5/8/2015, to revisit, apparently, all discovery matters, it is ORDERED that the court will not, in the meantime, address plaintiff's 144 objection to the magistrate judge's order granting plaintiffs' motion to compel production of documents relating to non-plaintiffs and their 152 motion to compel adequate site inspections by experts and request for expedited resolution of this matter by the district court judge. Signed by Honorable Judge Myron H. Thompson on 4/30/2015.
155
04/30/2015
Unopposed MOTION to Dismiss 8th Amendment Claims of Plaintiff Jermaine Mitchell by Jermaine Mitchell. Modified on 5/1/2015 to include "unopposed."
04/30/2015
Set/Reset Hearing: Class Certification Hearing (Oral Argument) set for 8/26/2015 at 10:00 AM before Honorable Judge Myron H. Thompson placed back on docket; terminated in error on 4/30/2015 when another oral argument hearing was set; overrode original setting. (NO PDF attached) (Text entry; no document attached.)
04/30/2015
MOTION for Expedited Resolution by the District Judget by All Plaintiffs. (This document has no pdf attached, see Doc. 152 for pdf.) (Text entry; no document attached.)
156
05/01/2015
ORDER as follows: (1) Plaintiff Jermaine Mitchell's 155 Unopposed Motion to Dismiss is granted. (2) Plaintiff Mitchell's 8th Amendment claims are dismissed. (3) Plaintiff Mitchell's ADA claims remain pending. Signed by Honorable Judge Myron H. Thompson on 5/1/2015.
157
05/07/2015
RESPONSE in Opposition re 152 MOTION to Compel ADEQUATE SITE INSPECTIONS BY EXPERTS AND REQUEST FOR EXPEDITED RESOLUTION OF THIS MATTER BY THE DISTRICT COURT JUDGE (OPPOSED) filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
158
05/08/2015
NOTICE of Appearance by Joseph Gordon Stewart, Jr on behalf of Alabama Department of Corrections
159
05/11/2015
NOTICE of Appearance by John Eric Getty on behalf of Alabama Department of Corrections
160
05/08/2015
Minute Entry for Oral Argument, Status and Scheduling conferences held before Honorable Judge Terry F. Moorer held on 5/8/2015 (PDF available for court use only)(Recording Time 9:15-4:54.)
161
05/12/2015
NOTICE of Appearance by Glenn Nelson Baxter on behalf of Alabama Disabilities Advocacy Program
162
05/12/2015
MOTION for Extension of Deadline All Deadlines Relating to Class Certification re 102 Order, Terminate Motions, Set Deadlines/Hearings, Set Scheduling Order Deadlines, UNOPPOSED by All Plaintiffs.
1
Exhibit 1 - Email exchange between M. Morris, W. Lunsford and M. Shah
2
Exhibit 2 - Excerpt of docket, Scott v. Clarke
2 Attachments
163
05/12/2015
ORDER: On 5/8/2015, this court held Oral Argument on the Objections to the Magistrate Judge's Order Granting the Motion to Compel Production of Documents relating to Non-Plaintiffs. The court notes that most of the Plaintiffs requests are overbroad; however, because the goal of the undersigned is to enter a ruling which will effectively prepare the parties for trial set on 3/16/2016, the court declines to deny the majority of requests in their entirety. It is ORDERED that the 133 Order entered by the undersigned on 4/8/2015 be and is hereby MODIFIED as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 5/12/2015.
164
05/14/2015
PROTECTIVE ORDER granting 124 Motion for a HIPAA Protective Order as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 5/14/2015.
165
05/14/2015
SUGGESTION OF DEATH Upon the Record as to Plaintiff Cherry Baker by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
05/18/2015
Set/Reset Hearings: Telephone Conference re 144 Appeal, 152 Discovery Motion, 162 Motion for Extension of deadlines and [125 and 165] Suggestions of Death set for 5/18/2015 04:00 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
166
05/18/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 5/18/2015 (PDF available for court use only). (Recording Time 4:08 - 4:39.)
167
05/19/2015
ORDER ON APPEALS FROM MAGISTRATE JUDGE'S ORDERS: It is ORDERED as follows: (1) With regard to the magistrate judge's discovery 133 Order, the plaintiffs' 144 Objection is overruled without prejudice. (2) With regard to the magistrate judge's discovery 163 Order, the plaintiffs are to file an objection, if any, by 5:00 PM on 5/19/2015. Signed by Honorable Judge Myron H. Thompson on 5/19/2015.
168
05/19/2015
ORDER ON SUGGESTIONS OF DEATHS: It is ORDERED as follows: (1) In light of the suggestions of the deaths of plaintiffs Sherry Baker and Bobby Copeland (doc. nos. 165 and 125), if the plaintiffs' counsel intend to replace these plaintiffs with other inmates (as opposed to making a substitution pursuant to Rule 25(a) of the FRCP), the plaintiffs counsel are to make the replacements by no later than 6/23/2015. (2) If the plaintiffs counsel agree that there should be no substitution pursuant to Rule 25(a), the plaintiffs counsel are to dismiss plaintiffs Baker and Copeland by no later than 6/23/2015. Signed by Honorable Judge Myron H. Thompson on 5/19/2015.
169
05/19/2015
EXPERT SITE INSPECTION ORDER: It is ORDERED as follows: (1) The plaintiffs' 152 Request for Expedited Resolution by the District Judge is denied as moot. (2) The plaintiffs' 152 Motion to Compel Adequate Site Inspections by Experts is referred to the magistrate judge for initial resolution. (3) The expert site inspections now scheduled or in progress are to be proceed. Signed by Honorable Judge Myron H. Thompson on 5/19/2015.
170
05/19/2015
[VACATED PURSUANT TO COURT 238 ORDER.] SUPPLEMENTAL SCHEDULING ORDER: It is ORDERED as follows: (1) The plaintiffs' 162 Unopposed Motion for Extension of Deadlines relating to Class Certification is granted. (2) The 72 Scheduling Order is further amended as follows: (A) The schedule for class-certification proceedings, including the hearing set for 8/26/2015, set forth in the amendment to the scheduling order (doc. no. 102) is canceled. (B) The schedule for class-certification proceedings should instead be in two phases as further set out in the order. (C) The following other deadlines in the amendment to the 102 Scheduling Order are to remain the same as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. Copies furnished to calendar group, AG. (Deadline terminated: Class Certification Hearing (Oral Argument) set for 8/26/2015.) Modified on 9/9/2015.
171
05/19/2015
STATUS CONFERENCES ORDER: It is ORDERED that status conferences (in which the court will discuss discovery progress as well as any other matters of concern) are set for the following dates, Status Conference set for 6/24/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson, Status Conference set for 8/26/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson, Status Conference set for 10/28/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson, Status Conference set for 12/22/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Three business days prior to each status conference, the parties are to file a joint report as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. Copies furnished to calendar group, AG.
172
05/19/2015
ORDER: Pursuant to the 102 Amended Scheduling Order, the parties were on yesterday, 5/18/2015, to have filed a second joint interim mediation report, but did not do so. Because this is the second time the parties have missed a deadline (they failed to file the first joint interim mediation report on 4/10/2015), it is ORDERED as follows: (1) By 9:00 AM tomorrow, 5/20/2015, the parties are to file the second joint interim mediation report. (2) By 9:00 AM tomorrow, 5/20/2015, counsel for plaintiffs and counsel for defendants are to file separate statements as to why they are missing deadlines and what they propose to do to assure that future deadlines are not missed. Signed by Honorable Judge Myron H. Thompson on 5/19/2015.
173
05/19/2015
OBJECTION to the Magistrate Judge's 163 Order Granting Plaintiffs' Motion to Compel Production of Documents Relating to Non-Plaintiffs (Opposed) by All Plaintiffs. Modified on 5/20/2015 to reflect actual title.
174
05/20/2015
Response to Order re 172 Order, by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
175
05/20/2015
SECOND INTERIM MEDIATION REPORT filed in response to this Court's Orders (Doc. 102 and 172), by All Plaintiffs. Modified on 5/20/2015 to create links to Doc. 102 and 172.
176
05/20/2015
STATEMENT regarding Missed Deadlines filed in response to Court 172 Order, filed by All Plaintiffs. Modified on 5/20/2015 to create link to Doc. 172.
177
05/20/2015
ORDER that Oral Argument on the 152 Motion to Compel Adequate Site Inspections by Experts be and is hereby set on 6/5/2015 at 11:00 AM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Terry F. Moorer on 6/20/2015. Copies furnished to calendar group, CB.
178
05/21/2015
SEALED Emergency MOTION for Hearing in camera on Possible Intentional Spoliation of Evidence by All Plaintiffs. (FILED UNDER SEAL PURSUANT TO COURT 179 ORDER.] Modified on 5/22/2015.
1
Exhibit A - Declaration of B Strength
2
Exhibit B - Declaration of M Morris
3
Exhibit C - Photographs of Shredded Documents
4
Exhibit D - Declaration of S Attwood
5
Exhibit E - Email between M Morris & B Lunsford
5 Attachments
05/22/2015
Set Hearings: Telephone Conference 178 Emergency MOTION for Hearing in camera on Possible Intentional Spoliation of Evidence by All Plaintiffs. set for 5/22/2015 12:45 PM in by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
179
05/22/2015
ORDER: At the oral request of counsel for defendants, it is ORDERED that the plaintiff's 178 Emergency Motion for Hearing is placed under seal pending a conference call on the motion. Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
180
05/22/2015
NOTICE of Appearance by Jack Richard Cohen on behalf of All Plaintiffs
181
05/22/2015
ORDER: Based on the representations made on the record on 5/22/2015, it is ORDERED as follows: (1) The plaintiffs emergency motion for hearing (doc. no. 178) shall remain under seal until further order of the court. (2) All filings related to this motion shall also be under seal. So as to assure that the clerks office knows to seal a document, the filer should note in the style under the case number the following: "Sealed per order (doc. no. 181)." Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
182
05/22/2015
ORDER: Based on the representations made on the record on 5/22/2015, it is ORDERED that the defendants are allowed until 5/27/2015, to file a response to the plaintiffs' objection (doc. no. 173) to the magistrate judge's amended discovery order (doc. no. 163). Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
183
05/22/2015
SEALED ORDER re 178 Motion for Emergency Hearing. Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
184
05/22/2015
ORDER: Based on the representations made on the record on May 22, 2015, it is ORDERED that 4 of the second interim mediation report (doc. no. 175) is struck. Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
185
05/22/2015
ORDER: Based on the representations made on the record on May 22, 2015, it is ORDERED that the parties are to file, by 9:00 AM on May 26, 2015, their resolution of the randomness issue raised in plaintiffs objection (doc. no. 173) to the magistrate judges amended discovery order (doc. no. 163). Signed by Honorable Judge Myron H. Thompson on 5/22/2015.
186
05/26/2015
STIPULATION Regarding Selection of Documents For Production by All Plaintiffs, Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 5/28/2015 to include additional filers.
187
05/22/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 5/22/2015 (PDF available for court use only). (Recording Time 1:03 - 2:08 and 2:37 - 2:42.)
188
05/27/2015
ORDER that the 186 Stipulation is adopted as the order of the court and thus the parties are to comply with the stipulation as an order. Signed by Honorable Judge Myron H. Thompson on 5/27/2015.
189
05/27/2015
RESPONSE to Named Plaintiffs' 173 Objection to the Magistrate Judge's Order Granting Named Plaintiffs' Motion to Compel by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 5/28/2015 to clean up text.
190
06/02/2015
NOTICE of Appearance by Mitchell David Greggs on behalf of Jefferson S. Dunn, Ruth Naglich Modified on 6/2/2015 to remove Alabama Department of Corrections as a filer; and to add Jefferson S. Dunn as the correct filer, wrong party selected when filing. (Main Document 190 replaced on 6/2/2015 to remove an attorney's name.).
191
06/02/2015
NOTICE of Correction re 190 Notice of Appearance. The original pdf contained one attorney name in error. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
190
None
2 Attachments
192
06/03/2015
ORDER that the Oral Argument set on 6/5/2015 at 11:00 AM in Courtroom 4A is RESET to be conducted by telephone conference before Honorable Judge Terry F. Moorer. Counsel for Defendants Naglich and Dunn shall set up the conference call. Signed by Honorable Judge Terry F. Moorer on 6/3/2015. Copies furnished to calendar, CB.
193
06/03/2015
SEALED REPORT by Plaintiffs. (filed under seal pursuant to Court 181)
194
06/04/2015
SUPPLEMENTAL RESPONSE in Opposition to Named Plaintiffs' 152 MOTION to Compel ADEQUATE SITE INSPECTIONS BY EXPERTS AND REQUEST FOR EXPEDITED RESOLUTION OF THIS MATTER BY THE DISTRICT COURT JUDGE (OPPOSED) filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 6/5/2015 to reflect actual title.
195
06/04/2015
REPLY to Response to Motion re 152 MOTION to Compel ADEQUATE SITE INSPECTIONS BY EXPERTS AND REQUEST FOR EXPEDITED RESOLUTION OF THIS MATTER BY THE DISTRICT COURT JUDGE (OPPOSED) filed by All Plaintiffs.
1
Exhibit 1 - SUPPLEMENTAL DECLARATION OF ELDON VAIL
2
Exhibit 2- DECLARATION OF DR. KATHRYN A. BURNS
3
Exhibit 3 - SUPPLEMENTAL DECLARATION OF DR. PETER BLANCK
3 Attachments
196
06/05/2015
Minute Entry for Oral Argument held before Honorable Judge Terry F. Moorer on 6/5/2015 (PDF available for court use only). (Recording Time 11:12-12:38.)
197
06/08/2015
MOTION to Withdraw as Attorney by Jefferson S. Dunn, Ruth Naglich.
06/08/2015
***Attorney Mitchell David Greggs added for Jefferson S. Dunn. (see Doc. 197 for pdf) (Text entry; no document attached.)
198
06/09/2015
MOTION for Extension of Deadline (Unopposed Motion for Extension of Time for Production) by Jefferson S. Dunn, Ruth Naglich. Modified on 6/10/2015 to clarify text to correct filers as reflected in PDF document (qc/djy,).
199
06/10/2015
ORDERED as follows: 1. To the extent the plaintiffs seek to speak with prisoners in a manner other than the manner agreed upon in the Agreement, the Motion is DENIED. Doc. 152. 2. To the extent the plaintiffs seek to pose general questions to ADOC employees or healthcare personnel regarding the identification or location of items and/or areas in a facility, the Motion is GRANTED. Doc. 152. 3. To the extent the plaintiffs seek to pose more probing questions to ADOC employees or healthcare personnel during the site inspections, the Motion is DENIED. Doc. 152. 4. The parties shall continue to conduct site visits in the manner set forth in sections 10 and 14 of the Agreement. Signed by Honorable Judge Terry F. Moorer on 6/10/2015.
200
06/10/2015
TEXT ORDER granting 197 Motion for Janine McAdory to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 6/10/15. (NO PDF document attached to this notice).
06/10/2015
*** Attorney Janine McKinnon McAdory terminated pursuant to 200 order (NO PDF document attached to this notice). (Text entry; no document attached.)
201
06/11/2015
NOTICE of Appearance by Melissa K. Marler on behalf of Jefferson S. Dunn, Ruth Naglich
202
06/15/2015
Objection to re 199 Order on Motion to Compel, filed by All Plaintiffs.
1
Exhibit 1 - Article re Assault at St. Clair
1 Attachment
203
06/15/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument, Status Conference, and Scheduling Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on May 8, 2015, before Judge Terry F. Moorer. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/6/2015. Redacted Transcript Deadline set for 7/16/2015. Release of Transcript Restriction set for 9/14/2015.
204
06/19/2015
JOINT STATEMENT Regarding the Status of Discovery by All Plaintiffs, Jefferson S. Dunn, Alabama Department of Corrections, and Ruth Naglich. Modified on 6/22/2015 to add additional filers and reflect actual title.
205
06/23/2015
TEXT ORDER Resetting Telephone Conference now set for 6/24/15 at 10:00 AM to 6/24/2015 02:00 PM in by telephone before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 6/23/2015.
206
06/23/2015
MOTION for Leave to Amend 1 Complaint to Replace Plaintiffs Who Are Deceased, Pursuant to Order on Suggestions of Deaths, Doc. 168 by All Plaintiffs. Modified on 6/24/2015 to clean up text and create links to Doc. 1 and 168.
1
Exhibit 1 - [Proposed] Third Amended Complaint
2
Exhibit 2 - Redlined [Proposed] Third Amended Complaint
2 Attachments
207
06/24/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/24/2015 (PDF available for court use only). (Recording Time 2:10 - 3:01.)
208
06/25/2015
ORDER: By agreement of the parties and based on the representations made on the record on 6/24/2015, it is ORDERED that the 198 Motion for Extension of Deadline is denied as moot. Signed by Honorable Judge Myron H. Thompson on 6/25/2015.
209
06/25/2015
ORDER that the plaintiffs' 206 Motion for Leave to Amend Complaint is granted as further set out in the order. Plaintiffs Cherry Baker and Bobby Copeland are dismissed without prejudice, and Sheila Allen and William Sullivan are added as plaintiffs. Signed by Honorable Judge Myron H. Thompson on 6/25/2015.
210
06/25/2015
AMENDED COMPLAINT (Third) against Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich, filed by All Plaintiffs.
211
06/26/2015
ORDER: Based on the representations made during an on-the-record conference call held on 6/24/2015, it is ORDERED that the plaintiffs are allowed until 7/8/2015, to submit supplemental briefing and evidence on the defendants' 127 Partial Motion to Dismiss; that the defendants' response is due by 7/22/2015; and that said motion will be considered under submission, without oral argument, as of 7/22/2015. Motion Submission Deadline set for 7/22/2015. Signed by Honorable Judge Myron H. Thompson on 6/26/2015.
212
06/26/2015
ORDER: Based on the representations made during an on-the-record conference call held on 6/24/2015, it is ORDERED as follows: (1) The plaintiffs' 202 Objection to the magistrate judge's 199 order on the plaintiffs' 152 Motion to compel adequate site inspections by experts is set for submission, without oral argument, on 7/6/2015. Motion Submission Deadline set for 7/6/2015. (2) The defendants are to file their response by 7/1/2015. (3) The plaintiffs may file a reply by 7/6/2015. Signed by Honorable Judge Myron H. Thompson on 6/26/2015. Modified on 6/26/2015 to include reply text, omitted in error.
06/26/2015
NOTICE of Docket Text Correction re 212 Order. The referenced docket entry was modified to include the following text: "(3) The plaintiffs may file a reply by 7/6/2015," omitted in error when originally docketed. (NO PDF) (Text entry; no document attached.)
213
06/29/2015
ORDER TO SHOW CAUSE by the parties in this case, if any there be, as to why a similar order to the Order, Doc No 207 entered in 3:06cv1113-WKW, by Chief Judge W. Keith Watkins is not warranted in this case, as further set out in order; Show Cause Response due by 7/1/2015. Signed by Honorable Judge Myron H. Thompson on 6/29/15.
214
07/01/2015
RESPONSE TO ORDER TO SHOW CAUSE by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich re 213 Order to Show Cause.
215
07/01/2015
BRIEF/MEMORANDUM in Opposition re 202 Objection to The Magistrate Judge's Order on Plaintiffs' Motion to Compel Adequate Site Inpsections by Experts filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 7/2/2015 to clarify text to reflect that Exhibits A, B & C are contained within main PDF document (qc/djy,).
216
07/01/2015
RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs re 213 Order to Show Cause.
217
07/06/2015
STATUS REPORT - Third Joint Interim Mediation Report by All Plaintiffs.
218
07/06/2015
REPLY in Support of Objection to the Magistrate Judge's 199 Order on Motion to Compel, filed by All Plaintiffs. Modified on 7/7/2015 to reflect actual title.
1
Exhibit 1 - Brownstein Declaration
2
Exhibit 2 - Morris Declaration
2 Attachments
219
07/08/2015
SUPPLEMENTAL BRIEF opposing Defendants' 127 Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint, 140 Response in Opposition to Motion, filed by All Plaintiffs. Modified on 7/9/2015 to reflect actual title.
1
Exhibit 1- Declaration of Peter Blanck
2
Exhibit 2- Declaration of Donald Ray Turner
2 Attachments
220
07/10/2015
MOTION to Strike 218 Reply Brief, The State's Motion to Strike the Declarations of Rhonda C. Brownstein and Maria V. Morris by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
221
07/10/2015
The State's ANSWER to 210 Amended Complaint (Third Amended Complaint) by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
222
07/22/2015
BRIEF/MEMORANDUM in Support of 127 Partial Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint (Supplemental) filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
1
Exhibit A) Modified on 7/23/2015 to clarify text to create link to
127
(qc/djy,
2 Attachments
223
07/27/2015
OPINION AND ORDER: It is ORDERED that the discovery process in this case is restructured as follows: (1) First, any party seeking resolution of a discovery dispute must file a request for mediation with the magistrate judge. (2) Mediation will take place with the magistrate judge as mediator. (3) Because the resolution of discovery disputes has been so contentious in this case, any and all discovery disputes resolved by mediation must be reduced to writing. The court will not recognize any oral agreements. (4) The parties may file an appropriate objection or motion for resolution of those discovery disputes not resolved in mediation before the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 7/27/2015.
224
07/28/2015
NOTICE of Appearance by Stephen C. Rogers on behalf of Jefferson S. Dunn, Ruth Naglich
225
07/28/2015
ORDER: It is ORDERED that paragraph number 4 of the 223 Order and Opinion entered on 7/27/2015, is amended and clarified as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 7/28/2015.
226
07/30/2015
MOTION for Discovery (Request for Discovery Mediation) by All Plaintiffs.
227
08/04/2015
ORDER: Upon consideration of the Order of the District Judge regarding mediation of discovery (Doc. 223 & 225) and the 226 Motion for Discovery filed by Plaintiffs, it is ORDERED that, to the extent the plaintiffs request mediation, the Motion for Discovery is GRANTED. This matter shall be set for a Mediation Conference on Monday, 8/10/2015 at 09:30 AM in Courtroom 4A before Honorable Judge Terry F. Moorer. It is further ORDERED as follows: (1) Required Attendance as further set out in the order. (2) Confidential Mediation Statements: On or before 8/7/2015, by 12:00 noon each party shall deliver to the undersigned Judge a confidential mediation statement as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 8/4/2015. Copies furnished to calendar group, CB.
08/10/2015
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 8/10/2015. No pdf attached to this entry. (Recording Time 9:30-5:00.) (Text entry; no document attached.)
08/13/2015
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 8/13/2015 (PDF available for court use only). (Recording Time 10:00-5:00.) (Text entry; no document attached.)
08/21/2015
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 8/21/2015 (PDF available for court use only). (Recording Time 10:00-5:00.) (Text entry; no document attached.)
228
08/26/2015
TEXT ORDER: Resetting Status Conference now set for 8/26/15 to 8/28/2015 10:00 AM by telephone before Honorable Judge Myron H. Thompson. The parties' joint statement is due by noon on August 27, 2015. Entered by Honorable Judge Myron H. Thompson on 8/26/2015.
229
08/27/2015
STATUS REPORT (Second Joint Discovery Status Report) by All Plaintiffs.
230
08/28/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/28/2015 (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
231
08/28/2015
ORDER: Based on the representations of the parties made during the telephone conference on the record today, and based on the parties' representations in their 229 Second Joint Discovery Status Report, it is ORDERED as follows: (1) The parties shall file, by noon on 9/2/2015, a report reducing all resolved discovery disputes to writing, as required by the court's 223 Opinion and Order regarding mediation of discovery disputes. (2) The parties shall list in the report all currently unresolved disputes. Signed by Honorable Judge Myron H. Thompson on 8/28/2015.
232
09/01/2015
ORDER directing the parties file a joint Report setting forth how they (either together or separately) think that this case should be presented to the court for resolution on or before noon on 9/2/2015; further ORDERING that an in-person Status Conference is set for 9/3/2015 @ 02:00 PM before Honorable Judge Myron H. Thompson, in Courtroom 2FMJ of the FMJ US Courthouse Complex, Montgomery, AL. Signed by Honorable Judge Myron H. Thompson on 9/1/15. Furnished to calendar group & AG.
233
09/02/2015
JOINT STATEMENT regarding Presentation of the Case, filed by All Plaintiffs, Alabama Department of Corrections, Jefferson S. Dunn, and Ruth Naglich. Modified on 9/3/2015 to reflect actual title and to include additional filers.
234
09/02/2015
JOINT STATEMENT regarding Discovery Mediation filed by All Plaintiffs, Alabama Department of Corrections, Ruth Naglich, Jefferson S. Dunn, and Alabama Disabilities Advocacy Program. Modified on 9/3/2015 to reflect actual title and add additional filers.
235
09/03/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 9/3/2015 (PDF available for court use only). (Court Reporter Haley Tunnell.)
236
09/04/2015
ORDER: Based on the representations made at the status conference on the record on 9/3/2015, it is ORDERED that the parties are to file, at or before 9:00 AM on 9/9/2015, a joint report (1) reducing all resolved discovery disputes to writing and (2) listing all disputes that remain unresolved. Signed by Honorable Judge Myron H. Thompson on 9/4/2015.
237
09/04/2015
ORDER: Based on the representations made at the status conference on the record on 9/3/2015, it is ORDERED that the parties are to file, at or before 9:00 AM on 9/9/2015, a proposed HIPAA-compliant protective order that (1) requires that all covered materials be returned or destroyed (not only upon request) and (2) protects materials pertaining not only to the named plaintiffs but also to all current, former, and future prisoners. Signed by Honorable Judge Myron H. Thompson on 9/4/2015.
238
09/04/2015
ORDER that the prior scheduling orders (doc. nos. 61, 72, 102, 170) are vacated. Signed by Honorable Judge Myron H. Thompson on 9/4/2015.
239
09/08/2015
NEW SCHEDULING ORDER: This case will be tried in two phases; first, in Phase 1, the court will consider certification of the putative non-mental-health ADA subclass(es) and hear the non-mental-health ADA claims; second, in Phase 2, the court will consider certification of the other putative classes and hear all other claims. In Phase 1, Final Pretrial Conference set for 5/16/2016 at 10:00 AM in Montgomery, AL before Honorable Judge Myron H. Thompson. Phase 1 is set for Non-Jury Trial on 6/20/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court anticipates that this trial will last four weeks. In Phase 2, Final Pretrial Conference set for 9/12/2016 at 10:00 AM in Montgomery, AL before Honorable Judge Myron H. Thompson. Non-Jury Trial set for 10/17/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court anticipates that this trial will last eight weeks. The pretrial conferences will be on the record and held in Chambers 200FMJ in Montgomery, AL. Joint Proposed Pretrial Order due NOT LATER THAN THREE BUSINESS days prior to the pretrial conference. Dispositive Motions (i.e., motions to dismiss or motions for summary judgment) and Daubert motions shall be filed no later than 35 days prior to the pretrial conference for each phase. A brief and all supporting evidence shall be filed with any such motion. The opposing parties will be permitted to file responses within 21 days after such motions are due, and the moving parties will be permitted to file replies within 7 days after the responses are due. Motions to amend the pleadings or to add parties shall be filed no later than 35 days prior to the pretrial conference for each phase. Motions for class certification shall be filed no later than 35 days prior to the pretrial conference for each phase. All fact Discovery shall be completed for both phases no later than 70 days prior to the pretrial conference for Phase 1. All expert discovery shall be completed no later than 42 days prior to the pretrial conference for each phase, except as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 9/8/2015. Copies furnished to calendar group, AG.
240
09/08/2015
EXPERT 'CRIB SHEET' ORDER: It is ORDERED that counsel proposing to present an expert to testify at the trials in Phases 1 and 2 are to prepare a summary of that experts testimony in lay language. Any term the meaning of which is not obvious must be defined. The summary should briefly describe the testimony the expert will present to the court, and conclude by explaining what role this evidence will play in the case. The summary may be no longer than four pages for each expert, and must be both shared with opposing counsel and filed with the court no less than two business days before the expert will be presented at trial. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
241
09/08/2015
[VACATED PURSUANT TO COURT 289 ORDER.] NEW STATUS CONFERENCES ORDER: It is ORDERED that on-the-record status conferences (in which the court will discuss discovery progress as well as any other matters of concern) are set for the following dates at 10:00 AM, with the parties to arrange for the status conferences to be conducted by telephone: October 28, and December 22, 2015, and January 21, February 18, March 14, April 12, and August 9, 2016. Three business days prior to each status conference, the parties are to file a joint report as to the status of discovery and identifying any other issues that should be brought to the courts attention for discussion. Status Conference set for 10/28/2015, 12/22/2015, 1/21/2016, 2/18/2016, 3/14/2016, 4/12/2016, and 8/9/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 9/8/2015. Copies furnished to calendar group, AG. Modified on 12/16/2015.
242
09/08/2015
VIDEOCONFERENCING ORDER: It is ORDERED that, to the extent that any party seeks to present testimony via videoconference at either phase of the trial, the party shall make arrangements for such testimony with Chief Deputy Clerk of Court Trey Granger and Courtroom Deputy Anthony Green, by no later than the date of the pretrial conference for the relevant phase of the trial. Signed by Honorable Judge Myron H. Thompson on 9/8/2015. Copies furnished to Clerk, TG, AG.
243
09/08/2015
PRISONER ATTENDANCE ORDER: It is ORDERED that counsel for the parties shall meet and confer to develop a plan for the attendance of prisoners in ADOC custody at each phase of trial. The parties shall plan for and arrange the transportation of the prisoners in ADOC custody and allow for plaintiffs counsels consultation with the prisoners prior to, during, and following court proceedings. The parties must have their plans for the prisoners attendance and any meetings prior to and following court proceedings coordinated through and approved by the United States Marshals Service. For both trial phases, the parties will submit their plan to the court no later than 28 days before the trial, and certify that the plan has been approved by the United States Marshal Service. Signed by Honorable Judge Myron H. Thompson on 9/8/2015. Copy furnished to USM.
244
09/08/2015
FACILITIES VISITATION ORDER: Based on the representations of the parties at the status conference held on the record on 9/3/2015, it is ORDERED, with regard to both trial phases that: (1) On or before 42 days before each trial, the plaintiffs, after conferring with defense counsel, are to submit, under seal, a proposed plan for the court to visit correctional facilities in connection with the trial, including which facilities the court should visit, the reasons for the visit(s), and proposed logistics for the visit(s). (2) Defendants may file, under seal, a response within 14 days of plaintiffs submissions. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
245
09/08/2015
STIPULATIONS ORDER: It is ORDERED that, on the date of each of the two pretrials, all parties shall prepare and file a joint statement of all stipulations and admissions of fact and of documents that might avoid unnecessary proof at trial. Therefore, the stipulations, etc. need not be included in the proposed pretrial orders. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
246
09/08/2015
TRAIL BRIEFS ORDER: It is ORDERED that, for each of the two phases of this litigation, the plaintiffs shall submit a trial brief, to consist of proposed findings of fact and conclusions of law, 21 days before trial, and the defendants shall submit a trial brief, to consist of proposed findings of fact and conclusions of law, 14 days before trial. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
247
09/08/2015
ADMITTED EXHIBITS ORDER: It is ORDERED as follows for each of the two phases of this litigation: (1) Two business days before each trial, all parties are to file a joint statement listing all exhibits (by exhibit numbers) to which there are no objections to admission. (2) The deputy clerk is to mark all exhibits listed on the statement as admitted. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
248
09/08/2015
ORDER that 244 Order is placed under seal. Signed by Honorable Judge Myron H. Thompson on 9/8/2015.
249
09/09/2015
NOTICE by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich re 236 Order, Notice of Tenative Discovery Mediation Agreement
250
09/09/2015
NOTICE by All Plaintiffs re 236 Order, Notice of Final Discovery Mediation Agreement
1
Exhibit A
1 Attachment
251
09/11/2015
ORDER: Based on the representations of the parties in the 250 Notice of final discovery mediation agreement, it is ORDERED that: (1) Plaintiffs' objections to the orders regarding plaintiffs' motion to compel production of document relating to non-plaintiffs (doc. nos. 144, 146, and 173) are overruled as moot. (2) Plaintiffs objection to the order regarding plaintiffs motion to compel adequate site inspections by experts (doc. no. 202) is overruled as moot. (3) Defendants motion to strike declarations (doc. no. 220) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 9/11/2015.
252
09/11/2015
Motion for Deana Johnson to Appear Pro Hac Vice (Filing fee $ 50.00 receipt number 4602038302.) by non-party MHM Correctional Services, Inc.
1
Exhibit 1, Certificate of Good Standing
2
Exhibit 2, Proposed Order
3
Pro Hac Vice Filing Fee Receipt
3 Attachments
253
09/14/2015
TEXT ORDER granting 252 Motion Deana Johnson to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 9/14/2015. (NO PDF)
254
09/17/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on June 24, 2015, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/8/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/16/2015.
255
09/24/2015
MOTION to Amend 239 Scheduling Order, (Expert Disclosure Requirements) by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 9/28/2015 to clean up text.
09/29/2015
Set Hearings: Telephone Conference RE: 255 Motion to Amend/Correct 239 Scheduling Order set for 10/1/2015 at 09:00 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
256
10/01/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 10/1/2015 (PDF available for court use only). (Recording Time 9:10 - 9:27.)
257
10/05/2015
Joint MOTION to Amend 239 Scheduling Order, by All Plaintiffs, Alabama Department of Corrections, Jefferson S. Dunn, and Ruth Naglich. Modified on 10/6/2015 to add additional filers and clean up text.
258
10/06/2015
OPINION AND ORDER: It is ORDERED as follows: (1) The defendants' 127 Partial Motion to Dismiss is denied as to standing. (2) As to mootness, the motion is reserved and set for a Motion Hearing on 12/16/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. (3) The plaintiffs are to submit a pre-hearing brief outlining the evidence they intend to present and explaining why that evidence supports their positions on mootness no later than 21 days before the hearing; the defendants are to respond no later than 14 days before the hearing; and the plaintiffs may reply no later than seven days before the hearing. Signed by Honorable Judge Myron H. Thompson on 10/6/2015. Copies furnished to calendar group, AG.
259
10/07/2015
(VACATED PURSUANT TO THE COURT'S 529 ORDER) MODIFIED EXPERT DISCOVERY ORDER: It is ORDERED that the defendants' 255 Motion to Amend the Court's Scheduling Order is denied as moot and that the parties' 257 Joint Motion to Amend the Court's Scheduling Order is granted as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 10/7/2015. Modified on 6/10/2016.
260
10/08/2015
NOTICE of Appearance by Patricia Clotfelter on behalf of All Plaintiffs
261
10/09/2015
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on September 3, 2015, before Judge Myron H. Thompson. Court Reporter/Transcriber Haley Tunnell with Dunn, King & Associates, Telephone number 334-263-0261. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/30/2015. Redacted Transcript Deadline set for 11/9/2015. Release of Transcript Restriction set for 1/7/2016.
262
10/12/2015
NOTICE of Appearance by Bryan A. Coleman on behalf of Jefferson S. Dunn, Ruth Naglich Modified on 10/14/2015 to reflect correct attorney name making appearance.
263
10/12/2015
NOTICE of Appearance by Evan P. Moltz on behalf of Jefferson S. Dunn, Ruth Naglich Modified on 10/14/2015 to reflect correct attorney name making appearance.
10/12/2015
***Attorney Bryan Arthur Coleman added for Jefferson S. Dunn, and Ruth Naglich. (see Doc. 262) (Text entry; no document attached.)
10/12/2015
***Attorney Evan Patrick Moltz added for Jefferson S. Dunn, and Ruth Naglich. (see Doc. 263) (Text entry; no document attached.)
264
10/23/2015
STATUS REPORT Third Joint Discovery Status Report by Jefferson S. Dunn, Ruth Naglich.
265
10/28/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 10/28/2015 (PDF available for court use only). (Recording Time 10-07 - 10:26.)
266
11/02/2015
NEW PROTECTIVE ORDER: Further to the court's 237 Order of 9/4/2015, based upon the agreement of the parties, and pursuant to Fed. R. Civ. P. 26(c) and 45 C.F.R. § 164.512(e)(1), it is ORDERED as follows: SECTION 1. Prior Protective Orders. This order shall supersede and replace the original protective order (doc. no. 164) entered by the court with respect to discovery and disclosure, as well as the consent protective order previously entered by the magistrate judge (doc. no. 70) and as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 11/2/2015.
267
11/16/2015
ORDER that the Status Conference, now set for 12/22/2015, is reset for 12/16/2015 at 10:00 AM before Honorable Judge Myron H. Thompson, the same time as an already scheduled hearing. Signed by Honorable Judge Myron H. Thompson on 11/16/2015. Copies furnished to calendar group, AG.
11/18/2015
Reset Deadlines as to 127 Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint: Motion Hearing and Status Conference set for 12/16/2015 10:00 AM in Courtroom 2FMJ is RESET to 12/16/2015 10:00 AM in COURTROOM 2F before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
268
11/25/2015
MOTION to Withdraw Zerrick Naylor (Unopposed) by Zerrick Naylor.
269
11/25/2015
JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs' 268 Unopposed Motion for Zerrick Naylor to withdraw as a named plaintiff is granted and that plaintiff Naylor is dismissed and terminated as a party with prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed.Signed by Honorable Judge Myron H. Thompson on 11/25/2015.
1
Civil Appeals Checklist
1 Attachment
270
11/25/2015
PRE-HEARING BRIEF in Opposition to Defendants 127 Partial Motion to Dismiss filed by All Plaintiffs. Modified on 12/11/2015.
1
Exhibit 1
2
Exhibit 2 (FILED UNDER SEAL)
3
Exhibit 3
4
Exhibit 4 (FILED UNDER SEAL)) Modified on 11/30/2015 to reflect actual title, create link to Doc.
5
Exhibit 2 (FILED UNDER SEAL)
6
Exhibit 4 (FILED UNDER SEAL)
127
, and to include full name of exhibit and reflect that exhibits 2 and 4 are filed under seal. (Additional attachment(s) added on 12/11/2015 (rec'd from chambers on 12/11/2015): #
7 Attachments
271
12/01/2015
MOTION Request for Discovery Mediation Regarding Privilege Assertions by MHM by All Plaintiffs. Modified on 12/2/2015 to reflect actual title.
272
12/02/2015
PRE-HEARING BRIEF in support of 127 Motion to Dismiss All Claims of Plaintiff Bradley Pearson as Moot, re 258 Order, and 270 BRIEF/MEMORANDUM in Opposition, filed by Alabama Department of Corrections. Modified on 12/3/2015 to create link to Doc. 127 and to clean up text.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
273
12/04/2015
ORDER that the Status Conference and Hearing (Motion Hearing) now set for 12/16/2015, are reset for 12/15/2015 at 9:00 AM, and that all unexpired deadlines in the court's 258 Order regarding the hearing are adjusted accordingly. Motion Hearing reset for 12/15/2015 at 09:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Status Conference set for 12/15/2015 at 09:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 12/4/2015. Copies furnished to calendar group, AG.
274
12/07/2015
ORDER GRANTING plfs 271 MOTION (Request) for Discovery Mediation Regarding Privilege Assertions by MHM; setting Mediation Conference for 12/18/2015 @ 09:00 AM before Honorable Judge Terry F. Moorer, in Courtroom 4A, as further set out in order; confidential mediation statements due on or before 12/16/2015 by 12:00 noon each party shall deliver directly to the undersigned, and should not be filed with the Clerk nor served upon the other parties, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 12/7/15. Furnished to calendar group & CB.
275
12/08/2015
TEXT ORDER: Setting Status Conference & Motion Hearing set for 12/15/2015 09:00 AM in Courtroom 2A before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 12/8/2015. (previously set for 2FMJ Courtroom)
276
12/08/2015
REPLY to State's 272 Pre-Hearing Brief filed by All Plaintiffs. Modified on 12/9/2015 to reflect actual title.
12/08/2015
Set/Reset Hearings due to overridden in error: Status Conference set for 12/15/2015 at 09:00 AM in Courtroom 2A in Montgomery, AL before Honorable Judge Myron H. Thompson. Status Conference set for 1/21/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Status Conference set for 2/18/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Status Conference set for 3/14/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Status Conference set for 4/12/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Status Conference set for 8/9/2016 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. (see Doc. 241 for pdf) (Text entry; no document attached.)
12/08/2015
Set/Reset Motion Hearing as to 127 Partial MOTION to Dismiss due to oversight on first entry resetting (see Text Order, Doc. 275): Motion Hearing set for 12/15/2015 at 09:00 AM in Courtroom 2A before Honorable Judge Myron H. Thompson. (NO PDF) (Text entry; no document attached.)
277
12/09/2015
MOTION for Protective Order by MHM Correctional Services, Inc. (Main Document 277 replaced on 12/14/2015 due to original pdf was only a proposed order, no motion.) (Additional attachment(s) added on 12/14/2015 due to original main document was only the proposed protective order and the main document pdf had to be replaced: # 1 Proposed Protective Order). Modified on 12/14/2015.
278
12/09/2015
ORDER that the clerk of the court is to provide a certified sign-language interpreter in order to accommodate plaintiff Bradley Pearson during his testimony at a hearing in this case to be held on December 15 and 16, 2015.Signed by Honorable Judge Myron H. Thompson on 12/9/2015. Copy furnished to Clerk of Court.
279
12/10/2015
MHM PROTECTIVE ORDER: It is ORDERED as follows: (1) The 277 Motion for Protective Order is granted as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 12/10/2015.
280
12/11/2015
ORDER: Further to the court's 278 Order of 12/9/2015, it is ORDERED that the clerk of court is to provide three certified sign-language interpreters as necessary to accommodate plaintiff Bradley Pearson throughout the hearing in this case to be held on December 15 and 16, 2015. Signed by Honorable Judge Myron H. Thompson on 12/11/2015. Copies furnished to calendar group, Clerk of Court, AG.
281
12/11/2015
MOTION to Exclude the Affidavit Testimony of Dr. Peter Blanck, Ph.D filed in support of 219 Supplemental Brief (Doc. 219 -1)by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 12/11/2015 to reflect actual title.
1
Exhibit A
1 Attachment
282
12/11/2015
ORDER that plaintiffs are to respond to the defendants' 281 Motion to Exclude the affidavit testimony of Dr. Peter Black by no later than 5:00 PM on 12/14/2015. Signed by Honorable Judge Myron H. Thompson on 12/11/2015.
283
12/14/2015
NOTICE of Correction re 277 MOTION for Protective Order. The original pdf did not contain a motion, only a proposed order. The motion pdf along with the original pdf of the proposed order is attached to this notice.
1
Motion for Protective Order
2
Proposed Protective Order
2 Attachments
284
12/14/2015
REPLY in Opposition to State's 281 MOTION to Exclude the Affidavit of Dr. Peter Blanck, filed in response to 282 Order, and re 219 Reply Brief, filed by All Plaintiffs. Modified on 12/21/2015 to reflect actual title and clean up text.
285
12/15/2015
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference/Motion Hearing held on 12/15/2015 re 127 Partial MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Billy Sharp, Ruth Naglich, Alabama Department of Corrections (PDF available for court use only). (Court Reporter Patricia G. Starkie.) ***SEALED PORTION OF HEARING***
286
12/16/2015
ACCOMMODATIONS ORDER: Based on the representations made at the hearingheld in open court on 12/15/2015, it is ORDERED that the parties are to communicate to the Clerk of the Court any requests for accommodations, either for parties who will attend proceedings or for witnesses who will testify, by no later than 14 days prior to the pretrial conference for each phase. Signed by Honorable Judge Myron H. Thompson on 12/16/2015.
287
12/16/2015
ORDER: Based on the representations made at a hearing held in open court on 12/15/2015, it is ORDERED that the defendants' 127 Partial Motion to Dismiss; and 281 Motion to Strike are denied without prejudice and with leave to renew, whether in conjunction with a motion for summary judgment or at trial. Signed by Honorable Judge Myron H. Thompson on 12/16/2015.
288
12/16/2015
MODIFIED DAUBERT ORDER: Based on the representations made at a hearing held in open court on 12/15/2015, it is ORDERED as follows: (1) Section 2 of the 239 New Scheduling Order entered by the court on 9/8/2015, is amended to read in its entirety as further set out in the order. (2) Section 4 of the 239 New Scheduling Order is amended to include at the end of the existing text the following as further set out in the order. (3) The 246 Trial Briefs Order entered by the court on 9/8/2015, is amended to include at the end of the existing text the following as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 12/16/2015. Modified on 6/10/2016. (VACATED WITH RESPECT TO PHASE 2 PURSUANT TO THE COURT'S 529 ORDER)
289
12/16/2015
IN-PERSON STATUS CONFERENCES ORDER: Based on the representations made at a hearing held in open court on 12/15/2015, it is ORDERED that the 241 New Status Conferences Order previously entered by the court on 9/8/2015 is vacated. So that the court can ensure that discovery is moving at the needed speed and because the court believes that it is a good idea to have periodic face-to-face meetings between counsel and the court, it is further ORDERED that on-the-record status conferences (in which the court will discuss discovery progress as well as any other matters of concern) are set for the following dates at 10:00 AM in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama: January 21, February 18, March 14, April 12, and August 9, 2016. Status Conferences set for 1/21/2016, 2/18/2016, 3/14/2016, 4/12/2016, and 8/9/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Counsel for every party must be present in person; however, additional counsel may participate by telephone or video conference if necessary, so long as the court is informed at least three business days prior to the status conference of the need for such arrangements. Three business days prior to each status conference, the parties are to file a joint report as to the status of discovery and identifying any other issues that should be brought to the court's attention for discussion. Signed by Honorable Judge Myron H. Thompson on 12/16/2015. Copies furnished to calendar group, AG.
12/18/2015
Minute Entry for Mediation held before Honorable Judge Terry F. Moorer held on 12/18/2015 (PDF available for court use only). (Recording Time 9:00-5:00.) (Text entry; no document attached.)
290
12/23/2015
MOTION to Compel Production of Improperly Withheld Evidence and Request for Expedited Treatment by All Plaintiffs.
1
Exhibit A - Responses to Subpoena
2
Exhibit B - Excerpt of MHM Deposition
3
Exhibit C - MHM Privilege Log
3 Attachments
12/23/2015
Set Hearings: Telephone Conference RE: to discuss how to proceed on 290 MOTION to Compel Production of Improperly Withheld Evidence and Request for Expedited Treatment set for 12/28/2015 09:00 AM by telephone before Honorable Judge Myron H. Thompson. Modified on 12/23/2015. (Text entry; no document attached.)
291
12/24/2015
First MOTION to Continue Telephone Conference Regarding Document No. 290 by MHM Correctional Services, Inc.
292
12/28/2015
ORDER GRANTING MHM's 291 MOTION to Continue to the extent that the Telephone Conference is reset for 1/5/2016 @ 07:00 AM before Honorable Judge Myron H. Thompson; further ORDERING that the non-movants are to file, by no later than 5:00 PM on 1/4/2016, briefs fully addressing any grounds upon which they oppose the motion to compel, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/28/15. Furnished to calendar group & AG.
293
12/30/2015
NOTICE of Appearance by Steven C Corhern on behalf of Alabama Department of Corrections
294
01/04/2016
BRIEF/MEMORANDUM in Opposition re 290 MOTION to Compel Production of Improperly Withheld Evidence and Request for Expedited Treatment filed by MHM Correctional Services, Inc.
295
01/05/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/5/2016 (PDF available for court use only). (Recording Time FTR: 7:09 AM - 7:54 AM)
296
01/05/2016
ORDER: Based on representations made on the record during a telephone conference held on 1/5/2016, it is ORDERED as follows: (1) MHM Correctional Services, Inc. (MHM), is to file all of the documents at issue in plaintiffs motion to compel (doc. no. 290), under seal and for purposes of in camera review, by no later than 5:00 PM on 1/7/2016. (2) MHM is to file a supplemental brief responding to that motion by no later than 5:00 PM on 1/8/2016. (3) Plaintiffs are to file a reply by no later than 5:00 PM on 1/11/2016. Signed by Honorable Judge Myron H. Thompson on 1/5/2016.
297
01/08/2016
Joint MOTION to Conduct Limited Fact Discovery Beyond Discovery Cut-Off Deadline by All Plaintiffs, Jefferson S. Dunn, Ruth Naglich, and Alabama Department of Corrections. Modified on 1/11/2016 to reflect actual title and add additional filers.
298
01/06/2016
SEALED DOCUMENT filed in response to 290 Motion to Compel and 296 Order. (Attachment(s): # 1 Ref. 45, # 2 Ref 46, # 3 Ref 47), # 4 Ref 48, # 5 Ref 49, # 6 Ref 50, # 7 Ref 51, # 8 Ref 52, # 9 Ref 53, # 10 Ref 54), # 11 Ref 55, # 12 Ref 56, # 13 Ref 57, # 14 Ref 58, # 15 Ref 59, # 16 Ref 60), # 17 Ref 61, # 18 Ref 62, # 19 Ref 63, # 20 Ref 64, # 21 Ref 66, # 22 Ref 67, # 23 Ref 68, # 24 Ref 71, # 25 Ref 72, # 26 Ref 73, # 27 Ref 74, # 28 Ref 75, # 29 Ref 76, # 30 Ref 77, # 31 78), # 32 79, # 33 80, # 34 81, # 35 82, # 36 Ref 96, # 37 Ref 97, # 38 Ref 98, # 39 Ref 99, # 40 Ref 100, # 41 Ref 101, # 42 Ref 102, # 43 Ref 103, # 44 Ref 104), # 45 Ref 105, # 46 Ref 106, # 47 Ref 107, # 48 Ref 108, # 49 Ref 109, # 50 Ref 110, # 51 Ref 111, # 52 Ref 112, # 53 Ref 127, # 54 Ref 128, # 55 Ref 129, # 56 Ref 130), # 57 Ref 131, # 58 Ref 132, # 59 Ref 133, # 60 Ref 134, # 61 Ref 135, # 62 Ref 136, # 63 Ref 137, # 64 Ref 138, # 65 Ref 150, # 66 Ref 151, # 67 Ref 152, # 68 Ref 153, # 69 Ref 154, # 70 Ref 155, # 71 Ref 156), # 72 Ref 157, # 73 Ref 158, # 74 Ref 159, # 75 Ref 160, # 76 Ref 161, # 77 Ref 162). Modified on 1/11/2016 to create links to Doc. 290 and 296.
299
01/08/2016
NON-PARTY SUPPLEMENTAL BRIEF IN OPPOSITION to Plaintiffs' 290 Motion to Compel, Production of Improperly Withheld Evidence and Request for Expedited Treatment, MOTION to Quash Plaintiffs' subpoena to the extent it seeks production of MHM's privileged quality assurance documents, and in the alternative, MOTION to Enter a Protective Order filed by MHM Correctional Services, Inc.
1
Exhibit 1) Modified on 1/11/2016 to reflect actual title and to include additional motions (see page 11
1 Attachment
300
01/08/2016
ORDERED that the parties' 297 joint motion for permission to conduct limited fact discovery beyond the deadline of 3/7/2016, set by the court's new 239 scheduling order is granted to the extent requested in the motion. Signed by Honorable Judge Myron H. Thompson on 1/8/2016.
301
01/11/2016
REPLY in Support of 290 MOTION to Compel Production of Improperly Withheld Evidence and Request for Expedited Treatment filed by All Plaintiffs.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3 - Filed Under Seal pursuant to Court
4
Exhibit 4 - Filed Under Seal pursuant to Court
5
Exhibit 5
6
Exhibit 6 - Filed Under Seal pursuant to Court
296
Order) Modified on 1/12/2016 to edit title. (Attachment 3, 4, and 6 replaced on 1/13/2016 to include SEALED pdf of each attachment, filed conventionally on 1/12/2016, see Doc.
303
, Notice of Filing.
8 Attachments
302
01/12/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 1/5/2016 in Montgomery, AL, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 2/2/2016. Redacted Transcript Deadline set for 2/12/2016. Release of Transcript Restriction set for 4/11/2016.
303
01/12/2016
NOTICE of Filing the named Court Exhibit 3, Exhibit 4, and Exhibit 6 filed as attachments UNDER SEAL to 301 Reply in Support of 290 Motion to Compel, and filed in response to Court 296 Order, by All Plaintiffs. (see Doc. 301 for SEALED pdfs of Exhibit 3, 4, and 6)
304
01/12/2016
Motion for Brett T. Lane to Appear Pro Hac Vice (Filing fee $ 50.00 receipt number 4602039697.) by MHM Correctional Services, Inc.
1
Exhibit 1, Certificate of Good Standing
2
Exhibit 2, Proposed Order
3
Pro Hac Vice Filing Fee Receipt
3 Attachments
305
01/14/2016
TEXT ORDER granting 304 Motion for Brett T. Lane Leave to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 1/14/16. (NO PDF document attached to this notice).
306
01/15/2016
MOTION Expedited Mediation Regarding Pace of Production of Documents Pursuant to Mediation Agreement by All Plaintiffs.
307
01/15/2016
STATUS REPORT (FOURTH JOINT) by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
308
01/18/2016
MOTION to Compel, or, in the alternative, Deem Admitted by Jefferson S. Dunn, Ruth Naglich. Modified on 1/19/2016 to remove repetitive text.
309
01/18/2016
RESPONSE to Named Plaintiffs' 306 MOTION for Expedited Discovery Mediation Regarding Pace of Production of Documents Pursuant to Mediation Agreement filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 1/19/2016 to clean up text.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
310
01/21/2016
ORDER: Upon consideration of the Order of the District Judge regarding mediation of discovery (Doc. 223 & 225), the 306 Motion for Expedited Mediation, the 308 Motion to Compel, and the 309 Response, it is ORDERED that the 306 Motion for Expedited Mediation be and is hereby GRANTED. This matter and any other related discovery matters shall be set for a Mediation Conference on 2/8/2016 at 09:00 AM in Courtroom 4A before Honorable Judge Terry F. Moorer. On or before 2/4/2016 by 12:00 noon each party shall deliver directly to the undersigned Judge a confidential mediation statement as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 1/21/2016. Copies furnished to calendar group, CB. Modified on 1/21/2016 to correct mediation date to 2016 not 2015 as originally docketed. (Main Document 310 replaced on 1/21/2016 to correct mediation hearing date to 2/8/2016 instead of 2015 as originally filed/docketed.). Modified on 1/21/2016.
01/21/2016
Reset Hearing: Mediation Conference set for 2/8/2016 (not 2/8/2015 as originally set) at 09:00 AM in Courtroom 4A before Honorable Judge Terry F. Moorer. (see 310 Order for pdf) (Text entry; no document attached.)
311
01/21/2016
SEALED NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference/Motion Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on December 15, 2015, in Montgomery, AL, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 2/11/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/20/2016.
312
01/21/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference/Motion Hearing Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on December 15, 2015, in Montgomery, AL before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 2/11/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/20/2016.
313
01/21/2016
NOTICE of Correction re 310 Order. The original pdf contained a typographical error in the year (2015 instead of 2016) on the Medication Hearing date. The corrected pdf is attached to this notice.
1
Corrected pdf of Doc.
310
None
2 Attachments
314
01/21/2016
ORDER: Based on the representations made on the record at a Status Conference held on 1/21/2016, it is ORDERED that the Status Conference currently set for 4/12/2016, see In-Person Status Conferences Order (doc. no. 289) at 2, is reset to 4/15/2016, at 10:00 AM, in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The requirements of the 289 In-Person Status Conference Order otherwise remain in effect. Signed by Honorable Judge Myron H. Thompson on 1/21/2016. Copies furnished to calendar group, AG.
315
01/21/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 1/21/2016 (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
01/21/2016
Reset STATUS CONFERENCE Deadlines: Status Conference set for 2/18/2016 at 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson (see 289 Order). Status Conference set for 3/14/2016 at 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson (see 289 Order). Status Conference set for 4/15/2016 at 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson (see 314 Order). Status Conference set for 8/9/2016 at 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson (see 289 Order). Copies furnished to calendar group, AG. **These are not new deadlines, old deadlines being placed back onto docket due to dates removed/terminated by CM/ECF system when 314 Order and 315 Minute Entry were entered on the docket.** (Text entry; no document attached.)
316
01/22/2016
ORDER: During a status conference held on the record on 1/21/2016, the parties explained to the court that they anticipated raising at the mediation before the magistrate judge currently set for 2/8/2016, see 310 Order, issues in addition to those already identified in their filings, see 306 Motion for Expedited Mediation, 309 Response to Motion for Expedited Mediation, and 308 Motion to Compel or Deem Admitted. It is therefore ORDERED, by agreement of the parties, that the parties are to submit directly to the magistrate judge, by no later than noon on 1/27/2016, a joint statement setting forth any discovery disputes other than those expressly identified in prior filings which they wish to mediate. Signed by Honorable Judge Myron H. Thompson on 1/22/2016.
317
01/26/2016
Emergency MOTION to Compel Compliance with the Discovery Schedule (Opposed) by All Plaintiffs.
1
Exhibit 1: Email and attachment, Depo proposal for December 14 January 19"
2
Exhibit 2: Emails and attachment, Depo Proposals - 12-17-15
3
Exhibit 3: Emails re Proposed Deposition Schedule.
4
Exhibit 4: Emails re Expert Inspection Proposals
5
Exhibit 5: Email re ADA expert visits
6
Exhibit 6: Email re Joint statement of discovery disputes
6 Attachments
318
01/27/2016
OPINION AND ORDER: Because the court concludes, based on its in camera review of the documents that MHM has withheld, that the documents are protected neither by the state-law privilege MHM invoked nor by any other federal common-law or statutory quality-assurance or peer-review privilege, it is ORDERED as follows: (1) The plaintiffs motion to compel (doc. no. 290) is granted as further set out in the opinion and order. (2) MHM Correctional Services, Inc., is promptly to produce, in accordance with the protective order soon to be entered, the documents identified in its privilege log dated 12/23/2015 (doc. no. 290 -3), by the following reference numbers and (inclusive) ranges: 14, 16, 45-68, 71-82, 96-112, 127-138, and 150-162. (3) Within seven days of the date of todays order, the parties and MHM are to confer and submit a joint proposed protective order as outlined in the above opinion. If, after making good-faith efforts, the parties and MHM cannot reach an agreement as to the precise terms of that order, they may submit separate proposals. Signed by Honorable Judge Myron H. Thompson on 1/27/2016.
1
Civil Appeals Checklist
1 Attachment
319
01/27/2016
ORDER re 317 Emergency MOTION to Compel. It is ORDERED that a Mediation Conference is set for 1/27/2016 at 02:30 PM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. It is further ORDERED that the attorneys with full authority to negotiate and settle discovery issues for Plaintiffs and Defendants shall appear at the Mediation Conference. Signed by Honorable Judge Terry F. Moorer on 1/27/2016. Copies furnished to calendar group, CB.
320
01/27/2016
Joint STATEMENT OF ISSUES for Discovery Mediation filed in response to 316 Order, by All Plaintiffs. Modified on 1/28/2016 to reflect actual title and that this is not an actual motion.
321
01/27/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held in chambers on 1/27/2016 (PDF available for court use only). (Recording Time FTR: 5:00 PM - 5:08 PM)
01/27/2016
Set Hearing: Mediation Conference set for 2/8/2016 at 09:00 AM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. This is not a new hearing date, prior date being placed back on docket due to date removed/terminated by CM/ECF system when 319 Order entered on docket. Copies furnished to calendar group, CB. (NO PDF) (Text entry; no document attached.)
322
01/28/2016
OPINION AND ORDER as follows: (1) The deadline for fact discovery of 3/7/2016, as set out in the courts new scheduling order (doc. no. 239), is extended only to the extent articulated on the record on 1/27/2016; specifically, plaintiffs experts may conduct the site inspections enumerated on the dates indicated by plaintiffs counsel and agreed to by defense counsel. This order shall not be construed to grant any extension other than those explicitly articulated on the record on 1/27/2016. (2) The plaintiffs emergency motion to compel compliance with the discovery schedule (doc. no. 317) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 1/28/2016.
323
02/03/2016
PROPOSED CONSENT PROTECTIVE ORDER governing Quality Assurance Documents to be filed by Non-Party MHM Correctional Services, Inc. filed in response to 318 Order, filed by MHM Correctional Services, Inc. Modified on 2/4/2016 to reflect the actual title. Document is not a motion, wrong event code selected when filed.
324
02/04/2016
NOTICE of Appearance by William Richard Lunsford on behalf of Jefferson S. Dunn, Ruth Naglich
325
02/04/2016
CONSENT PROTECTIVE ORDER ("2nd MHM Protective Order") (with Exhibit A, Acknowlegment and Agreement to be Bound) governing Quality Assurance Documents to be Produced by Non-Party MHM Correctional Services, Inc. Signed by Honorable Judge Myron H. Thompson on 2/4/2016. Modified on 2/11/2016 to include "2nd MHM Protective Order" text. (dmn. Modified on 2/11/2016: Supplemented by 335 Order.
02/04/2016
***Attorney Matthew B. Reeves added for Jefferson S. Dunn, and Ruth Naglich. (see Doc. 324 for pdf) (Text entry; no document attached.)
326
02/05/2016
MOTION to Quash Motion to Quash Subpoena by Kim Thomas.
327
02/05/2016
MOTION to Quash Motion to Quash Subpoenas by Corizon Health, Inc.
328
02/05/2016
PROPOSED SUPPLEMENT to 325 Consent Protective Order Governing Quality Assurance Documents To Be Produced By Non-Party MHM Correctional Services, Inc. by All Plaintiffs. Modified on 2/8/2016 to clarify text to reflect as also filed on behalf of MHM Correctional Services, Inc. (qc/djy,). Modified on 2/11/2016 to reflect actual title of document, not a motion, supplement to motion. The wrong event code was selected when filed.
02/05/2016
***Attorney Matthew Brett Reeves,Melissa K. Marler,Stephen C. Rogers for Corizon Health, Inc. added pursuant to 327 motion (NO PDF document attached to this notice). (Text entry; no document attached.)
02/08/2016
Set Hearings: Telephone Conference RE: MHM Deposition Resolution set for 2/9/2016 10:30 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
329
02/08/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 2/8/2016 (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
02/08/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 2/8/2016 (PDF available for court use only). (Recording Time 9:00-3:00.) (Text entry; no document attached.)
330
02/09/2016
ORDER: Based on the representations made on the record during an in-person meeting with counsel on 2/8/2016, it is ORDERED as follows: (1) A telephonic hearing is set for 2/9/2016 at 10:30 AM before Honorable Judge Myron H. Thompson to discuss all outstanding discovery disputes related to non-party MHM Correctional Services, Inc. Counsel for the parties and MHM are to participate in this hearing. (2) The parties, as well as non-parties MHM and Corizon Health, Inc., are to submit to the court by no later than 5:00 PM on Thursday, 2/11/2016, a joint report as further set out in the order. (3) An in-person hearing (oral argument) is set for Friday, 2/12/2016 at 5:00 PM before Honorable Judge Myron H. Thompson to discuss all unresolved substantive objections to production of documents in the possession of MHM and Corizon. To the extent that a party or non-party wishes to raise such an objection, counsel for that party or non-party must be present at this hearing. (4) An in-person hearing (oral argument) is set for Saturday, 2/13/2016 at 10:00 AM before Honorable Judge Myron H. Thompson, to discuss all unresolved objections regarding requests for production of documents attached to deposition notices. (5) The clerk of court is to arrange for the Frank M. Johnson, Jr. United States Courthouse Complex to be open and staffed by court security officers on the evening of Friday, 2/12/2016, and on Saturday, 2/13/2016, in order to accommodate the above hearings. Signed by Honorable Judge Myron H. Thompson on 2/9/2016. Copies furnished to calendar group, AG.
331
02/09/2016
SUPPLEMENTAL ORDER: Pursuant to the court's 330 Order of 2/9/2016, and in light of the fact that the parties and non-parties have been instructed to meet and confer in an effort to address all objections regarding requests for production of documents attached to deposition notices, and any other disputes resolving the pace of production, it is ORDERED that the parties and non-parties MHM Correctional Services, Inc., and Corizon Health, Inc., are to file with the court by no later than 8:00AM on Saturday, 2/13/2016, a joint report identifying any such objections or disputes that remain unresolved. Signed by Honorable Judge Myron H. Thompson on 2/9/2016.
332
02/09/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference Re: MHM Deposition Resolution held on 2/9/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
333
02/10/2016
NOTICE of Appearance by Brooke Menschel on behalf of All Plaintiffs
334
02/11/2016
PROPOSED SUPPLEMENT to 325 Consent Protective Order Governing Quality Assurance Documents To Be Produced By Non-Party MHM Correctional Services, Inc. by MHM Correctional Services, Inc. Modified on 2/11/2016 to reflect actual title of document, not a motion, supplement to motion. The wrong event code was selected when filed.
335
02/11/2016
SUPPLEMENT TO 325 CONSENT PROTECTIVE ORDER governing Quality Assurance Documents to be Produced by Non-Party MHM Correctional Services, Inc. It is hereby ORDERED that the 325 2nd MHM Protective Order is supplemented as follows: If any party, or other recipient of MHMs confidential Quality Assurance Materials, intends to file a motion, brief or other paper that contains information set forth in or derived from such confidential materials, then such party or recipient shall (i) file the motion, brief or other paper electronically with such confidential information redacted and (ii) file an unredacted copy of the motion, brief or other paper under seal. Signed by Honorable Judge Myron H. Thompson on 2/11/2016.
02/11/2016
Set Hearings: Telephone Conference set for 2/12/2016 12:00 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
336
02/11/2016
STATUS REPORT Joint Report on the Status of Discovery Disputes by Jefferson S. Dunn, Ruth Naglich, All Plaintiffs, Alabama Department of Corrections, Corizon Health, Inc., and MHM Correctional Services, Inc. Modified on 2/12/2016 to add additional filers.
337
02/12/2016
TEXT ORDER Cancelling oral arguments currently set for 2/12/16 and 2/13/16. Entered by Honorable Judge Myron H. Thompson on 2/12/2016.
338
02/12/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 2/12/2016 (PDF available for court use only). (Recording Time 12:08 - 12:24.)
339
02/12/2016
ORDER directing that the parties and non-parties are to file with the court no later than midnight on 2/12/2016, the final schedule of all remaining depositions and expert site inspections to which they agreed at the February 8 hearing. Signed by Honorable Judge Myron H. Thompson on 2/12/15.
340
02/12/2016
ORDER directing that the following motions are denied in part and granted in part and that the discovery issues reflected in the following document is resolved: (1) defs' 308 Motion to Compel or in the alternative deem admitted; (2) former party Kim Thomas's 326 Motion to Quash subpoena; (3) non-party Corizon Health, Inc.'s 327 Motion to Quash subpoena; (4) 320 joint statement of issues for discovery mediation; the only issue identified in this statement that remains unresolved is the plfs concern regarding the pace of production; as indicated in a separate, simultaneously filed order, the resolution of this issue will be overseen by the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 2/12/16.
341
02/12/2016
ORDER directing that the remaining unresolved discovery issue identified in the 320 joint statement of issues for discovery mediation, regarding the pace of production, is referred to the magistrate judge for mediation to be conducted as follows: (1) the parties and non-parties are to submit weekly joint reports updating the magistrate judge regarding the pace of production until the deadline for fact discovery of 3/7/2016; (2) if necessary, the parties and non-parties are propmtly to discuss any disputes identified in their joint reports in mediattion with the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 2/12/16.
342
02/12/2016
Motion for Eunice Hyunhye Cho to Appear Pro Hac Vice by All Plaintiffs. Modified on 2/16/2016 to include attorney name requesting appearance.
1
Exhibit A - Certificate of Good Standing for Eunice Cho
1 Attachment
343
02/12/2016
NOTICE of Filing by All Plaintiffs of Deposition and Site Inspection Calendar, agreed by all Parties filed in response to 339 Order. Modified on 2/16/2016 to create link to Doc. 339.
1
Exhibit 1: Deposition and Site Inspection Schedule
1 Attachment
02/12/2016
***Attorney Eunice Hyunhye Cho added PRO HAC VICE for All Plaintiffs. (see doc. 342 for pdf) (Text entry; no document attached.)
344
02/16/2016
TEXT ORDER granting 342 Motion for Eunice Hyunhye Cho to Appear Pro Hac Vice. Signed by Honorable Judge Myron H. Thompson on 2/16/2016. (NO PDF)
345
02/17/2016
TEXT ORDER: Resetting Status Conference now set for 2/18/2016 at 10:00 AM to 09:00 AM on 2/18/16 before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 2/17/2016.
346
02/17/2016
ORDER re 341 Order. It is ORDERED that a Status and Scheduling Conference and Mediation of any unresolved issues related to the pace of production as identified in the parties' and non-parties' weekly report be and are hereby set for 2/26/2016 at 01:30 PM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. It is further ORDERED that the attorneys with full authority to negotiate and settle discovery issues for Plaintiffs and Defendants shall appear at the Mediation Conference. Signed by Honorable Judge Terry F. Moorer on 2/17/2016. Copies furnished to calendar group, CB.
347
02/17/2016
Pro Hac Vice Filing fee received for Eunice Cho re 342 Motion: $ 50.00, receipt number 4602040045
348
02/18/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 2/18/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
349
02/18/2016
NOTICE: The court notifies the parties that, contrary to its oral statements at a status conference held on the record on 2/18/2016, the court will not respond to letters received from either named plaintiffs or putative class members in this case. Instead, any such letters received by the court will be held by the clerk of the court for the parties to review at their convenience. Signed by Honorable Judge Myron H. Thompson on 2/18/2016.
350
02/22/2016
TEXT ORDER: Telephone Conference set for 2/23/2016 09:00 AM in by telephone before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 2/22/2016.
351
02/22/2016
JOINT statement regarding STATUS of discovery of All Parties Regarding Discovery by All Plaintiffs. Modified on 2/23/2016 to clarify text and to reflect as also filedon behalf of Dunn, Naglich, & Alabama Department of Corrections (qc/djy,).
352
02/23/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 2/23/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
353
02/23/2016
ORDER REGARDING RETALIATION CLAIM directing the the parties' oral request to continue the depositions currently scheduled for 2/26/2016 is granted; the continuance is based on the following agreed-upon representations made by the parties on 2/23/2016; (1) The depositions currently scheduled for 2/26/16, relate to only the plaintiffs' retaliation claim; (2) the depositions currently scheduled for 2/26/16, relate to only the plaintiffs' retaliation claim; (3) the retaliation claim is a non-class claim, and thus any settlement of it need not be approved by the Court; (4) the retaliation claim is currently scheduled to be tried in the second phase of this litigation; (5) If the parties are ultimately unable to resolve the retaliation claim, the February 26 depositions will be rescheduled for the latter part of March 2016; further ORDERING that, by no later than 3/4/2016, the parties are to inform the court whether the retaliation claim has settled. Signed by Honorable Judge Myron H. Thompson on 2/23/16.
354
02/24/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on February 8, 2016, in Montgomery, AL before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 3/16/2016. Redacted Transcript Deadline set for 3/28/2016. Release of Transcript Restriction set for 5/24/2016.
355
02/26/2016
Minute Entry for Scheduling Conference held before Honorable Judge Terry F. Moorer held on 2/26/2016 (PDF available for court use only). (Recording Time 2:01-2:57.)
02/29/2016
RESET ALL STATUS CONFERENCE DEADLINES to get them back on deadline/hearing report (some deadlines were removed by minute entries entered by CRDs): Status Conference set for 3/14/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson (as per 289 Order). Status Conference set for 4/15/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson (as per 314 Order). Status Conference set for 8/9/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson (as per 289 Order). Copy furnished to Clerk of Court. (NO PDF) (Text entry; no document attached.)
356
03/04/2016
Joint REQUEST for Limited Extension of Discovery Beyond Discovery Cut-Off Deadline re 239 Scheduling Order, by All Plaintiffs, Alabama Department of Corrections, Ruth Naglich, Corizon Health, Inc., MHM Correctional Services, Inc. Modified on 3/7/2016 to include additional filers.
03/07/2016
Set Hearings: Telephone Conference re 356 joint motion for extension of discovery deadline set for 3/7/2016 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
357
03/07/2016
JOINT STIPULATION of Dismissal with Prejudice concerning "Fifth Cause of Action" of Plaintiffs' Complaint (Joint) by Alabama Department of Corrections, Joshua Dunn, Dwight Hagood, Timothy Sears, Alabama Disabilities Advocacy Program, Jefferson S. Dunn, Ruth Naglich. Modified on 3/8/2016 to add additional filers.
358
03/07/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/7/2016 (PDF available for court use only). (Recording Time 2:52 - 3:01.)
359
03/07/2016
ORDER that the 356 Joint Request by the parties, Corizon Health, Inc., and MHM Correctional Services, Inc., for a limited extension of the discovery deadline of 3/7/2016, as set by the court's 239 New Scheduling Order, is granted as follows: (1) The parties may conduct the deposition of defendant Ruth Naglich on a mutually acceptable date prior to 4/11/2016. (2) The parties and MHM may conduct the depositions of Dr. Robert Hunter and Theresa Houser on mutually acceptable dates prior to 4/30/2016. (3) Corizon may complete production of credentialing files no later than 3/8/2016. Signed by Honorable Judge Myron H. Thompson on 3/7/2016.
360
03/07/2016
MOTION to Compel by Jefferson S. Dunn, Ruth Naglich.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
361
03/07/2016
MOTION to Compel an Adequate Privilege Log and the Production of Any Improperly Withheld Documents from Non-Party Corizon, Inc. (Opposed) by All Plaintiffs. Modified on 3/8/2016 to reflect actual title.
1
Exhibit 1 - Responses to Subpoena Duces Tecum to Corizon
2
Exhibit 2 - Corizon's Supplemental Privilege Log
2 Attachments
362
03/07/2016
MOTION to Compel Production of Documents Related to the Mortality Review Process from Corizon, Inc. (Opposed) by All Plaintiffs. copy of motion as an additional attachment.
1
Exhibit 1 - Sentinel Event Process
2
Exhibit 2 - example of Sentinel Event Report
3
Exhibit 3 - Responses to Subpoena, Excerpt
4
Exhibit 4 - Corizon's Initial Privilege Log
5
Exhibit 5 - filed under seal
6
Exhibit 6 - Corizon ADOC Contract, Excerpt
7
Exhibit 7 - filed under seal) (Additional attachment(s) added on 3/9/2016, filed UNDER SEAL conventionally: #
8
Unredacted Main Document (FILED UNDER SEAL)) (Attachment 5 replaced on 3/9/2016) (Attachment 7 replaced on 3/9/2016) Modified on 3/9/2016 to replace attachments 5 and 7 and to include the Unredacted (SEALED
8 Attachments
363
03/07/2016
MOTION to Compel Production of Documents Pursuant to DIscovery Mediation and Other Agreements (Opposed) by All Plaintiffs. Modified on 3/9/2016 to replace Attachments 2, 3, and 4; filed UNDER SEAL conventionally.
1
Exhibit 1 - Larry Linton Excerpt
2
Exhibit 2 - filed under seal
3
Exhibit 3 - filed under seal
4
Exhibit 4 - filed under seal
5
Exhibit 5 - emails between MHM and Plaintiffs
6
Exhibit 6 - MHM Responses to Subpoena) (Attachment 2 replaced on 3/9/2016). (Attachment 3 replaced on 3/9/2016). (Attachment 4 replaced on 3/9/2016
6 Attachments
364
03/08/2016
MOTION for Leave to File Under Seal an Unredacted Complete Version of Doc. 362 and 363 in accordance with the procedure set forth in the 2/11/2016 Order, by All Plaintiffs. Modified on 3/8/2016 to include additional text and create links to Doc. 362 and 363.
365
03/08/2016
TEXT ORDER granting 364 Motion for Leave to File Under Seal. Signed by Honorable Judge Myron H. Thompson on 3/8/2016. (NO PDF)
366
03/08/2016
JUDGMENT: Pursuant to the 357 Joint stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that the Fifth Cause of Action: Retaliation in Violation of Prisoners First Rights to Communicate with Counsel and to File Lawsuits Regarding Conditions of Confinement, see Third Amended Complaint (doc. no. 210), is dismissed with prejudice, with costs taxed as paid. No parties are terminated, and all other claims against the defendants remain. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/8/2016.
367
03/08/2016
ORDER re 360 Motion to Compel, 361 Motion to Compel, 362 Motion to Compel, and 363 Motion to Compel. Upon consideration of the 341 Order directing the Magistrate Judge to mediate discovery issues, it is ORDERED that a Mediation of these matters be and is hereby set for 3/10/2016 at 09:30 AM in Courtroom 4A in Montgomery, AL before Honorable Judge Terry F. Moorer. It is further ORDERED that the attorneys with full authority to negotiate and settle discovery issues for Plaintiffs, Defendants, and non-party Corizon, Inc., shall appear at the Mediation Conference. Signed by Honorable Judge Terry F. Moorer on 3/8/2016. Copies furnished to calendar group, CB.
368
03/08/2016
NOTICE OF FILING SEALED UNREDACTED Documents by All Plaintiffs re 362 MOTION to Compel Production of Documents Related to the Mortality Review Process from Corizon, Inc. (Opposed)
1
SEALED Unredacted Doc. #362, Motion to Compel
2
SEALED Exhibit 5 to Unredacted Doc. #362, Motion to Compel
3
SEALED Exhibit 7 to Unredacted Doc. #362, Motion to Compel
3 Attachments
369
03/08/2016
NOTICE OF FILING SEALED Exhibits 2, 3, and 4 by All Plaintiffs re 363 MOTION to Compel Production of Documents Pursuant to DIscovery Mediation and Other Agreements (Opposed)
1
SEALED Exhibit 2 to
2
SEALED Exhibit 3 to
3
SEALED Exhibit 4 to
363
Motion to Compel
4 Attachments
370
03/09/2016
ORDER that the Mediation set for 3/10/2016 be and is hereby CANCELLED. Signed by Honorable Judge Terry F. Moorer on 3/9/2016. Copies furnished to calendar group, CB.
371
03/09/2016
Joint MOTION to Conduct Limited Fact Discovery Beyond Discovery Cut-Off Deadline by Jefferson S. Dunn, Ruth Naglich. Modified on 3/10/2016 to add additional filers and reflect actual title.
372
03/10/2016
ORDER that ALL pending motions (Docs. 360, 361, 362, 363, and 371) are set for Oral Argument (Motion Hearing) at the Status Conference to be held on 3/14/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 3/10/2016. Copies furnished to calendar group, AG.
373
03/10/2016
ORDER directing the non-movants TO SHOW CAUSE as to why the 360 Motion to Compel, 361 Motion to Compel, 362 Motion to Compel, and 363 Motion to Compel, should not be granted. Show Cause Response due by 8:00 AM on 3/14/2016. It is further ORDERED that a courtesy copy of any response to this order or exhibit thereto filed under seal shall be delivered to chambers no later than the deadline set above. Signed by Honorable Judge Myron H. Thompson on 3/10/2016.
374
03/10/2016
ORDER: At the request of the parties, it is ORDERED that the Status Conference currently set for 3/14/2016, see 289 In-Person Status Conferences Order, and the Oral Argument (Motion Hearing) on all pending motions also set for that date, see 372 Order, are reset for 10:00 AM on 3/17/2016, in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Counsel for each party, as well as for non-parties Corizon, Inc., and MHM Correctional Services, Inc., must be present. It is further ORDERED that the deadline for responding to the court's 373 Order to Show Cause why the motions to compel should not be granted is extended to 5:00 PM on 3/16/2016. Signed by Honorable Judge Myron H. Thompson on 3/10/2016. Copies furnished to calendar group, AG.
03/10/2016
Motions No Longer Referred to the Magistrate Judge: 362 MOTION to Compel, 360 MOTION to Compel, 361 MOTION to Compel, and 363 MOTION to Compel. (NO PDF) (Text entry; no document attached.)
03/15/2016
Set Hearings: Telephone Conference set for 3/15/2016 12:00 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
375
03/15/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 3/15/2016 (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
376
03/15/2016
Joint MOTION for Settlement (Preliminary Approval of a Class Action Settlement) by Alabama Department of Corrections.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
3 Attachments
377
03/16/2016
ORDER that the 376 Joint Motion for Preliminary Approval of a Class Settlement of the Claims to be Tried in Phase 1 of this case is set for hearing (Motion Hearing) at 10:00 AM on 3/17/2016 in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 3/16/2016. Copies furnished to calendar group, AG.
378
03/16/2016
MOTION for Leave to File Response in Opposition to the 362 Motion to Compel Documents Relating to the Mortality Review Process Under SEAL by Corizon Health, Inc. Modified on 3/16/2016 to create link to Doc. 362, clean up text. (Additional attachment(s) added on 3/16/2016 due to original pdf did not contain a proper electronic signature: # 1 Corrected Certificate of Service). Modified on 3/16/2016.
379
03/16/2016
TEXT ORDER granting 378 Motion for Leave to File Corizon Health, Inc.'s Response in Opposition to the 362 Motion to Compel Documents Relating to the Mortality Review Process Under SEAL. Signed by Honorable Judge Myron H. Thompson on 3/16/2016. (NO PDF)
380
03/16/2016
RESPONSE to 373 Order to Show Cause re Plaintiff's 363 Motion to Compel Production of Documents Pursuant to Discovery Mediation and Other Agreements (Opposed) filed by MHM Correctional Services, Inc. Modified on 3/17/2016 to reflect actual title and to create link to Doc. 373, wrong event code selected when originally filed.
381
03/16/2016
SUPPLEMENTAL BRIEF in Support of 360 MOTION to Compel Complete Production from Named Plaintiffs in Response to the State's Second Request for Production filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 3/17/2016 to reflect actual title and clean up text.
382
03/16/2016
SUPPLEMENTAL BRIEF in Support of 360 MOTION to Compel Complete Answers from Named Plaintiffs in Response to the State's Requests for Admission filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 3/17/2016 to reflect actual title and clean up text.
1
Exhibit A
1 Attachment
383
03/16/2016
RESPONSE in Opposition to Named Plaintiffs' 361 MOTION to Compel Production of an Adequate Privilege Log and the Production of any Improperly Withheld Documents from Corizon, Inc. filed by Non-Party Corizon Health, Inc. Modified on 3/17/2016 to reflect actual title and clean up text.
384
03/16/2016
RESPONSE in Opposition to Named Plaintiffs' 363 MOTION to Compel Production of Documents Pursuant to Discovery Mediation and Other Agreements (Opposed) filed by Non-Party Corizon Health, Inc. Modified on 3/17/2016 to reflect actual title and clean up text.
1
Exhibit A
2
Exhibit B
2 Attachments
385
03/16/2016
RESPONSE in Opposition to Named Plaintiffs' 363 MOTION to Compel Production of Documents Pursuant to Discovery Mediation and Other Agreements (Opposed) filed by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. Modified on 3/17/2016 to reflect actual title and clean up text.
1
Exhibit A
1 Attachment
386
03/16/2016
RESPONSE to 373 Order to Show Cause re 360 MOTION to Compel filed by All Plaintiffs. Modified on 3/17/2016 to reflect actual title and create link to Doc. 360 ; wrong event code selected when originally filed.
1
Exhibit 1 - email re extension for responding
2
Exhibit 2 - Meet and Confer Letter
2 Attachments
387
03/17/2016
ORDER that the Status Conference and Motion Hearing currently set for 10:00 AM on 3/17/2016, see Orders (doc. nos. 374, 377), is reset for 1:00 PM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson on the same date. Signed by Honorable Judge Myron H. Thompson on 3/17/2016. Copies furnished to calendar group, AG.
388
03/17/2016
MOTION for Leave to File Under Seal Plaintiff's expert Michael Puisis Declaration in Support of Plaintiff's 362 Motion to Compel Documents Relating to the Mortality Review Process (pursuant to 325 Consent Protective Order), by All Plaintiffs. Modified on 3/17/2016 to created links to Doc. 325 and 362.
389
03/17/2016
TEXT ORDER granting 388 Motion for Leave to File Under Seal. Signed by Honorable Judge Myron H. Thompson on 3/17/2016. (NO PDF)
390
03/17/2016
SUPPLEMENTAL BRIEF in Support of 362 MOTION to Compel Production of Documents Related to the Mortality Review Process filed by All Plaintiffs. Modified on 3/31/2016.
1
Exhibit 1 Declaration of Dr. Michael Puisis FILED UNDER SEAL (see
2
Exhibit 2 Declaration of Dr. Kathryn A Burns
3
Exhibit 3 Declaration of Dr. Craig Haney) Modified on 3/17/2016 to reflect actual title and clean up text. (Attachment 1 replaced on 3/31/2016; SEALED Declaration filed conventionally, see Doc.
400
.
4 Attachments
391
03/16/2016
*SEALED* RESPONSE in Opposition to the 362 MOTION to Compel Documents Relating to the Mortality Review Process filed by Non-party Corizon Health, Inc.
1
Exhibit 1
2
Exhibit 2 with Exhibit A
3
Exhibit 3 with Exhibit A
4
Exhibit 4
4 Attachments
392
03/17/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 3/17/2016 re 376 Joint MOTION for Settlement (Preliminary Approval of a Class Action Settlement) filed by Alabama Department of Corrections, 362 MOTION to Compel Production of Documents Related to the Mortality Review Process from Corizon, Inc. (Opposed) filed by All Plaintiffs, 360 MOTION to Compel filed by Jefferson S. Dunn, Ruth Naglich, 361 MOTION to Compel Production of Adequate Privilege Log from Corizon, Inc. filed by All Plaintiffs, 363 MOTION to Compel Production of Documents Pursuant to DIscovery Mediation and Other Agreements (Opposed) filed by All Plaintiffs, 371 Joint MOTION for Extension of Deadline Discovery Cut-Off on Limited Matters filed by All Plaintiffs, Jefferson S. Dunn, Ruth Naglich, Alabama Department of Corrections (PDF available for court use only). (Court Reporter Patricia Starkie.)
393
03/18/2016
ORDER that the parties' 371 Joint Motion for Permission to Conduct the Deposition of Cassandra Lee on a mutually agreeable date prior to 4/30/2016 is granted. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
394
03/18/2016
ORDER as follows: (1) The 376 Joint Motion for Preliminary Approval of Class Action Settlement is set for Motion Hearing at 10:00 AM on 4/15/2016 in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. (2) By no later than on noon on 4/13/2016, the parties are jointly to file with the court the "plan" as further set out in the order. (3) The expert discovery, dispositive motion, and class certification deadlines for Phase 1 set in the 239 New Scheduling Order are reset as follows: (i) the unexpired expert discovery deadlines for Phase 1 are all extended by seven days; (ii) the dispositive motion and class certification deadlines for Phase 1 are extended to 4/22/2016, and the response and reply deadlines are extended accordingly. Signed by Honorable Judge Myron H. Thompson on 3/18/2016. Copies furnished to calendar group, AG.
395
03/18/2016
ORDER that plaintiffs' 361 Motion to Compel an Adequate Privilege Log is granted to the extent stated during a hearing held in open court on 3/17/2016. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
396
03/18/2016
ORDER that the plaintiffs' 363 Motion to Compel Production of Documents is granted in part, denied in part, and denied as moot in part, as stated during a hearing held in open court on 3/17/2016. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
397
03/18/2016
ORDER that the defendants' 360 Motion to Compel is granted to the extent stated during a hearing held in open court on 3/17/2016, and based on the parties representations that they will meet and confer in order to draft stipulations responsive to the defendants requests for admissions and file these stipulations with the court no later than 4/30/2016. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
398
03/18/2016
ORDER that the plaintiffs' 362 Motion to Compel Production of Documents related to Corizon, Inc.'s mortality review process is granted to the extent stated during a hearing held in open court on 3/17/2016. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
399
03/18/2016
ORDER: Based on the representations made during a conference call held on the record on 3/15/2016, and during a hearing held in open court on 3/17/2016, it is ORDERED that plaintiffs counsel and their retained experts are permitted to take and retain un-blurred photographs of documents posted on the walls and windows of Alabama Department of Corrections facilities they inspect. Signed by Honorable Judge Myron H. Thompson on 3/18/2016.
400
03/29/2016
NOTICE by All Plaintiffs of Filing Court Exhibit 1 (Declaration of Dr. Michael Puisis UNDER SEAL) to Doc. 390 Plaintiffs' Supplemental Brief in Support of Motion to Compel Documents Relating to the Mortality Review Process.
1
Exhibit 1, Declaration of Dr. Michael Puisis to Doc.
390
FILED UNDER SEAL pursuant to Court 389 Order
2 Attachments
401
03/30/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on March 17, 2016, in Montgomery, AL before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 4/20/2016. Redacted Transcript Deadline set for 5/2/2016. Release of Transcript Restriction set for 6/28/2016.
402
04/06/2016
(VACATED PURSUANT TO THE COURT'S 403 ORDER) ORDERED that the pretrial conference currently set for May 16, 2016, is reset for May 17, 2016, at 10:00 AM, with all unexpired deadlines tied to this date adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 4/6/2016. (furn: AG, Calendar) Modified on 4/6/2016.
403
04/06/2016
ORDERED that the order entered earlier today (doc. no. 402) is vacated. It is further ORDERED that the pretrial conference currently set for May 16, 2016, is reset for May 17, 2016, at 10:00 AM, and that all other deadlines, including those set in the courts order of March 18, 2016 (doc. no. 394) remain unchanged. Signed by Honorable Judge Myron H. Thompson on 4/6/2016. (furn: calendar, AG)
404
04/13/2016
STATUS REPORT Joint Report Concerning Settlement by Alabama Department of Corrections, Alabama Disabilities Advocacy Program, All Plaintiffs. Modified on 4/14/2016 to add as filed on behalf of additional parties.
405
04/14/2016
NOTICE by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich The State's Notice of Partial Renewal of Motion to Compel
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
406
04/14/2016
MOTION for Extension of Deadline Phase 1 Class Certification Motion (Unopposed) by All Plaintiffs.
407
04/14/2016
MOTION for Order to Court Mediation by All Plaintiffs.
04/14/2016
Renewed Motion to Compel by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich. (no pdf document attached to this entry see docket entry 405 for pdf. Attorney used incorrect event code) Modified on 5/10/2016 to reopen document. (Text entry; no document attached.)
408
04/15/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 4/15/2016 re 376 Joint MOTION for Settlement (Preliminary Approval of a Class Action Settlement) filed by Alabama Department of Corrections, 406 MOTION for Extension of Deadline Phase 1 Class Certification Motion (Unopposed) filed by All Plaintiffs, 407 MOTION for Order to Court Mediation filed by All Plaintiffs (PDF available for court use only). (Court Reporter Patricia Starkie.)
409
04/15/2016
NOTICE by Alabama Department of Corrections Response to Court's Questions regarding Timing of Class Certification Decision
04/15/2016
***Attorney John W. Naramore added for Alabama Department of Corrections. (see Doc. 409 for pdf) (Text entry; no document attached.)
410
04/18/2016
ORDER that the 407 Motion to Order Mediation is granted. The parties are directed to mediate the provisions of the plan described in the parties proposed settlement agreement (doc. no. 376 -1). The court appoints as the mediator United States Magistrate Judge Terry Moorer. Defendant Alabama Department of Corrections (ADOC) is required to bring appropriate knowledgeable personnel with decision-making authority to each mediation session. ADOC will provide the plaintiffs and the mediator with a schedule of topics to be discussed and the ADOC personnel to be present at each mediation session by 4/18/2016. Mediation will commence on 4/19/2016, and will continue from day to day thereafter until 4/29/2016, or until the parties have reached agreement on the terms of the plan, whichever first occurs. Nothing herein shall prevent the parties from having settlement discussions in addition to those required by this order. Mediation Conference set for 4/19/2016 before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Myron H. Thompson on 4/18/2016. Copies furnished to calendar, AG, CB.
411
04/18/2016
ORDER: In light of the fact that the deadline for filing a Phase 1 class-certification motion, as currently set, will leave the court with only 20 business days between the filing of the plaintiffs' reply and the commencement of trial, the defendants' reasonable request that they be apprised of this court's decision regarding certification no later than five business days prior to trial, see Defendants' 409 Response, and the possibility that the court will require oral argument in order to reach a decision regarding certification, it is ORDERED that the plaintiffs' 406 Motion for further extension of the deadline for filing Phase 1 class-certification motion is denied. Signed by Honorable Judge Myron H. Thompson on 4/18/2016.
412
04/18/2016
ORDERED that defendants' 405 renewed motion to compel is granted in part, denied in part, and set for further submission in part, as set out in order. Signed by Honorable Judge Myron H. Thompson on 4/18/2016.
413
04/18/2016
ORDERED that this matter be and is hereby set for a mediation conference on April 19, 2016, at 9:00 AM in Courtroom 4A, United States Courthouse, One Church Street, Montgomery, Alabama. The ADOC may transmit the schedule of topics and the list of attendees to the undersigned at propord_moorer@almd.uscourts.gov. The schedule is solely for the courts use inpreparing for the mediation conference. Signed by Honorable Judge Terry F. Moorer on 4/18/2016. (furn: CB, calendar)
414
04/18/2016
Objection to Report of Defendant ADOC's Expert, David L. Runnels, filed by All Plaintiffs.
415
04/18/2016
RESPONSE to Discovery Request from Jefferson Dunn, et al by All Plaintiffs.
416
04/19/2016
(VACATED PURSUANT TO THE COURT'S 529 ORDER) ORDERED that the pretrial conference currently set for September 12, 2016, is reset for September 9, 2016, at 10:00 AM, and that all other deadlines remain unchanged. Signed by Honorable Judge Myron H. Thompson on 4/19/2016. (furn: calendar, press) Modified on 6/10/2016.
04/19/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/19/2016 (PDF available for court use only). (Recording Time 9:00-5:00.) (Text entry; no document attached.)
04/20/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/20/2016. No pdf attached to this entry. (Recording Time 9:00-5:00.) (Text entry; no document attached.)
417
04/21/2016
ORDER: Upon consideration of the plaintiffs' objection to an expert report (doc. no. 414), it is ORDERED that counsel for all parties are to do the following: (1) Meet, in person, by no later than May 6, 2016, to attempt to resolve this objection and any additional objections to expert reports arising before that date; and (2) File a jointly prepared report by May 11, 2016, (a) as to which issues in the objection(s) are resolved and which ones remain unresolved and (b), for each and every unresolved issue, setting forth in detail the position of each side. Signed by Honorable Judge Myron H. Thompson on 4/21/2016.
418
04/21/2016
ORDERED that Phase 2 of this litigation is referred to United States Magistrate Judge John Ott, of the United States District Court for the Northern District of Alabama, for mediation. Signed by Honorable Judge Myron H. Thompson on 4/21/2016.
04/21/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/21/2016. No pdf attached to this entry. (Recording Time 9:00-5:00.) (Text entry; no document attached.)
419
04/22/2016
MOTION for Leave to File Exhibits Under Seal by All Plaintiffs.
420
04/22/2016
TEXT ORDER granting 419 MOTION for Leave to File Exhibits Under Seal. Signed by Honorable Judge Myron H. Thompson on 4/22/2016. (no pdf document attached to this entry) Modified on 4/22/2016 to add a document number to the entry.
421
04/22/2016
MOTION to Certify Class for Phase I by All Plaintiffs.
04/22/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/22/2016. No pdf attached to this entry. (Recording Time 9:00-5:00.) (Text entry; no document attached.)
422
04/23/2016
BRIEF/MEMORANDUM in Support re 421 MOTION to Certify Class for Phase I filed by All Plaintiffs.
423
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 1-4 filed by All Plaintiffs.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
424
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 5-10 filed by All Plaintiffs.
1
Exhibit 5
2
Exhibit 6
3
Exhibit 7
4
Exhibit 8
5
Exhibit 9
6
Exhibit 10
6 Attachments
425
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 11-20 filed by All Plaintiffs.
1
Exhibit 11
2
Exhibit 12
3
Exhibit 13
4
Exhibit 14
5
Exhibit 15
6
Exhibit 16
7
Exhibit 17
8
Exhibit 18
9
Exhibit 19
10
Exhibit 20
10 Attachments
426
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 21-36 filed by All Plaintiffs.
1
Exhibit 21
2
Exhibit 25
3
Exhibit 26
4
Exhibit 30
5
Exhibit 31
6
Exhibit 32
7
Exhibit 33
8
Exhibit 34
9
Exhibit 35
10
Exhibit 36
10 Attachments
427
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 37-46 filed by All Plaintiffs.
1
Exhibit 37
2
Exhibit 38
3
Exhibit 39
4
Exhibit 40
5
Exhibit 41
6
Exhibit 42
7
Exhibit 43
8
Exhibit 44
9
Exhibit 45
10
Exhibit 46
10 Attachments
428
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibits 47-53 filed by All Plaintiffs.
1
Exhibit 47
2
Exhibit 48
3
Exhibit 49
4
Exhibit 50 - to be filed under seal
5
Exhibit 51
6
Exhibit 52
7
Exhibit 53
7 Attachments
429
04/23/2016
Evidentiary Submission re 421 MOTION to Certify Class for Phase I Exhibit 54 filed by All Plaintiffs.
1
Exhibit 54
1 Attachment
430
04/25/2016
NOTICE of Filing Under Seal by All Plaintiffs re 422 BRIEF/MEMORANDUM in Support
1
Exhibit 50
1 Attachment
04/25/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer: on 4/25/2016. (No PDF available for court use only). (Recording Time 9:00-5:00.) (Text entry; no document attached.)
431
04/26/2016
Joint MOTION for Extension of Time to Complete Discovery Joint Motion for Extension of Discovery Deadline as to Phase I Expert Depositions by Alabama Department of Corrections, All Plaintiffs. Modified on 4/26/2016 modified to add as filed on behalf of additional parties.
432
04/26/2016
TEXT ORDER granting 431 Joint MOTION for Extension of Time to Complete Discovery. Signed by Honorable Judge Myron H. Thompson on 4/26/2016. (no pdf document attached to this entry)
433
04/26/2016
MOTION for Leave to File Corrected Memorandum and Exhibits in Support of Class Certification (Phase I) by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Tommie Moore, Roger Moseley, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 1-Declaration of Anil Mujumdar
2
Exhibit 2-Proposed Corrected Memorandum
3
Exhibit 3-Proposed Corrected Evidentiary Submissions
4
Exhibit 4-Proposed Corrected Ex 6
5
Exhibit 5-Proposed Corrected Ex 7
6
Exhibit 6-Proposed Corrected Ex 8
7
Exhibit 7-Proposed Corrected Ex 9
8
Exhibit 8-Proposed Corrected Ex 10
8 Attachments
434
04/26/2016
Evidentiary Submission re 433 MOTION for Leave to File Corrected Memorandum and Exhibits in Support of Class Certification (Phase I) Additional Exhibits filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Tommie Moore, Roger Moseley, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 9-Proposed Corrected Ex 12
2
Exhibit 10-Proposed Corrected Ex 13
3
Exhibit 11-Proposed Corrected Ex 14
4
Exhibit 12-Proposed Corrected Ex 15
5
Exhibit 13-Proposed Corrected Ex 17
6
Exhibit 14-Proposed Corrected Ex 18
7
Exhibit 15-Proposed Corrected Ex 19
8
Exhibit 16-Proposed Corrected Ex 20
9
Exhibit 17-Proposed Corrected Ex 21
10
Exhibit 18-Proposed Corrected Ex 22
11
Exhibit 19-Proposed Corrected Ex 25
12
Exhibit 20-Proposed Corrected Ex 31
12 Attachments
435
04/26/2016
Evidentiary Submission re 434 Evidentiary Submission, 433 MOTION for Leave to File Corrected Memorandum and Exhibits in Support of Class Certification (Phase I) Additional Exhibits filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Tommie Moore, Roger Moseley, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 21-Proposed Corrected Ex 32
2
Exhibit 22-Proposed Corrected Ex 33
3
Exhibit 23-Proposed Corrected Ex 43
4
Exhibit 24-Proposed Corrected Ex 44
5
Exhibit 25-Proposed Corrected Ex 45
6
Exhibit 26-Proposed Corrected Ex 46
7
Exhibit 27-Proposed Corrected Ex 47
8
Exhibit 28-Proposed Corrected Ex 48
9
Exhibit 29-Proposed Corrected Ex 49
10
Exhibit 30-Proposed Corrected Ex 55
10 Attachments
04/26/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/26/2016. No pdf attached to this entry. (Recording Time 9:00-5:00.) (Text entry; no document attached.)
436
04/27/2016
MOTION to Dismiss Paul Folsom as a Plaintiff by Paul Folsom.
437
04/27/2016
ORDER: Phase 2 of this case has been referred to the undersigned for mediation. Accordingly, it is set for a Telephone Status Conference on Tuesday, 5/3/2016 at 04:15 PM before Honorable Judge John E. Ott. The Clerk of the Court is DIRECTED to serve a copy of this order upon counsel. Signed by Honorable Judge John E. Ott on 4/27/2016. Copies furnished to calendar, AG. Modified on 4/27/2016 to include calendar text.
04/27/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/27/2016. No pdf attached to this entry. (Recording Time 9:00-5:00.) (Text entry; no document attached.)
04/28/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/28/2016 (PDF available for court use only). (Recording Time 9:00-5:00.) (Text entry; no document attached.)
438
04/29/2016
MOTION for Discovery : PLAINTIFFS BRIEF IN SUPPORT OF FINDING THAT THE TIMING OF PRODUCTION OF COMMUNICATIONS WITH EXPERTS IS GOVERNED BY RULE 26(a)(2) by All Plaintiffs. Modified on 5/2/2016 to term the event code. Attorney used the incorrect event code. This is a reply not a motion.
04/29/2016
PLAINTIFFS' BRIEF IN SUPPORT OF FINDING THAT THE TIMING OF PRODUCTION OF COMMUNICATIONS WITH EXPERTS IS GOVERNED BY RULE 26(a)(2) filed by All Plaintiffs. (no pdf document attached to this entry - see docket entry 438 for pdf) (Text entry; no document attached.)
04/29/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 4/29/2016 (PDF available for court use only). (Recording Time 9:00-5:00.) (Text entry; no document attached.)
439
05/02/2016
JUDGMENT: Defendants having orally informed the court that they have no objection, it is the ORDERED, JUDGMENT, and DECREE of the court that plaintiffs' 436 motion for Paul Folsom to withdraw as named plaintiff is granted and that plaintiff Folsom is dismissed and terminated as a party with prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 5/2/2016.
1
Civil Appeals Checklist
1 Attachment
440
05/02/2016
ORDERED that the court's order of April 18, 2016 (doc. no. 412) is amended to correct a typographical error as follows: The two references on the third page of the order to Federal Rule of Civil Procedure "26(b)(5)(C)" are stricken and replaced with "26(b)(4)(C).". Signed by Honorable Judge Myron H. Thompson on 5/2/2016.
441
05/02/2016
ORDER: Counsel for defendant the Alabama Department of Corrections having orally informed the court that it does not object to the plaintiffs' motion for leave to file a corrected memorandum and exhibits in support of Phase 1 class certification (doc. no. 433), it is ORDERED that said motion is granted. Signed by Honorable Judge Myron H. Thompson on 5/2/2016.
442
05/02/2016
ORDER: No settlement having been reached by the deadlines set in this courts orders of March 18, 2016 (doc. no. 394), and April 18, 2016 (doc. no. 410), it is ORDERED that this case will proceed to non-jury trial on June 20, 2016, as further set out in the New Scheduling Order (doc. no. 239). It is therefore further ORDERED that the parties' joint motion for preliminary approval of a class action settlement concerning claims arising under the Americans with Disabilities Act and § 504 of the Rehabilitation Act of 1973 (doc. no. 376) is denied without prejudice. Signed by Honorable Judge Myron H. Thompson on 5/2/2016.
05/04/2016
Set Hearings: Telephone Conference set for 5/4/2016 01:15 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
443
05/04/2016
NOTICE by Alabama Department of Corrections
1
Appendix 1
2
Appendix 2
2 Attachments
444
05/04/2016
ORDER: In accordance with the telephone conference call in this matter, the "Phase 2" mediation will proceed as enumerated: 1. The undersigned will conduct telephone planning sessions with the parties on May 10, 2016, as follows: Plaintiffs' counsel at 9:15 AM - 11:15 AM and Defendants' counsel at 5:00 PM - 7:00 PM The call-in number is 888-808-6929 and the pass code is 59177632. An in-person session with all counsel will be conducted on May 23, 2016, commencing at 8:00 AM The court will do another order scheduling the parties for the day after the May 10, 2016 session. 3. Counsel should plan and make arrangements for a day with the experts during the week of June 6, 2016.4. A final mediation session or sessions will be scheduled no later than the week of June 13, 2016. A more specific date will be set after the May 23, 2016 session. The parties will not be required to make written submissions to the court for the mediation. They will have the opportunity to submit materials if they deemed it helpful on any particular issue or matter. The Clerk of the Court is DIRECTED to serve a copy of this order upon counsel. Signed by Honorable Judge John E. Ott on 5/4/2016. (furn: calendar)
445
05/04/2016
MOTION Disqualify the Southern Poverty Law Center by Alabama Department of Corrections.
446
05/04/2016
RESPONSE to Motion re 445 MOTION Disqualify the Southern Poverty Law Center filed by All Plaintiffs.
1
Exhibit 1
2
Exhibit 2
2 Attachments
447
05/04/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 5/4/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.)
448
05/04/2016
ORDERED that defendants' 445 emergency motion to disqualify the Southern Poverty Law Center (SPLC) is denied, albeit with leave to raise the arguments contained therein regarding SPLC's suitability as counsel for the putative classes in this case in defendants' response to plaintiffs' Phase 1 motion for class certification (doc. no. 421). It is further ORDERED that, if defendants wish to seek the disqualification of SPLC from representation of the individual named plaintiffs, they are to file a separate motion to that effect by no later than May 13, 2016. Signed by Honorable Judge Myron H. Thompson on 5/4/2016.
449
05/06/2016
PLAINTIFFS' RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION #40 FILED UNDER SEAL FOR IN CAMERA REVIEW re 412 Order on Motion to Compel filed by All Plaintiffs.
1
DECLARATION OF MARIA V. MORRIS
2
Exhibit A to DECLARATION OF MARIA V. MORRIS
3
Exhibit B to DECLARATION OF MARIA V. MORRIS
4
DECLARATION OF WENDY VIA
4 Attachments
450
05/09/2016
Joint MOTION for Extension of Deadline re Meeting and Reporting regarding Plaintiffs' Objection to Runnels' Report re 417 Order, by All Plaintiffs, Alabama Department of Corrections. Modified on 5/9/2016 to as filed on behalf of additional parties.
451
05/09/2016
MOTION for Leave to File Requested Documents for In Camera Review by the Court by All Plaintiffs.
452
05/09/2016
ORDERED that the parties' joint request for the extension of deadlines regarding plaintiffs objection to the report of defense expert David Runnels (doc. no. 450) is granted to the following extent: The parties are to meet, in person, no later than May 13, 2016, to attempt to resolve this objection, and file a jointly prepared report by May 16, 2016 (not May 18, as requested), as to which issues in the objection are resolved and which issues remain and, for each and every unresolved issue, setting forth in detail the position of each side. Signed by Honorable Judge Myron H. Thompson on 5/9/2016.
453
05/09/2016
TEXT ORDER granting 451 MOTION for Leave to File Requested Documents for In Camera Review by the Court. Signed by Honorable Judge Myron H. Thompson on 5/9/2016. (no pdf document attached to this entry)
454
05/09/2016
Witness List by Alabama Department of Corrections.
455
05/09/2016
Deposition Designations by All Plaintiffs.
456
05/09/2016
Exhibit List for Phase I by All Plaintiffs.
457
05/09/2016
Exhibit List by Alabama Department of Corrections.
458
05/09/2016
Witness List by All Plaintiffs.
459
05/09/2016
NOTICE of Filing by All Plaintiffs re 453 Order on Motion for Leave to File. Modified on 5/10/2016.
1
Exhibit 1
2
Exhibit 2
3
Attachment to Exhibit 1) (Attachment 1 & Attachment 2 replaced on 5/10/2016 - previously pdf documents in incorrect order
3 Attachments
460
05/09/2016
SEALED DOCUMENT - Plaintiffs' Facility Visitation Plan for the Phase I Trial. (docketed as separate docket entry pursuant to directives of chambers)
461
05/09/2016
SEALED DOCUMENT - Response to 412 order (NAMED PLAINTIFFS WHO HAVE, SINCE JANUARY 1, 2012, ACCESSED SOCIAL MEDIA ACCOUNTS WHILE NOT IN THE CUSTODY OF THE ALABAMA DEPARTMENT OF CORRECTIONS).
1
Attachment - Social Media Postings) (docketed as separate docket entry pursuant to directives of chambers
1 Attachment
462
05/10/2016
RELIGIOUS HOLIDAYS ORDER: During the upcoming trials in both Phases 1 and 2 of this case, the court will accommodate counsel for all religious holidays. However, it is ORDERED that as each such holiday approaches, counsel are to remind the court, no less than 14 days in advance of the holiday, of the need. Signed by Honorable Judge Myron H. Thompson on 5/10/2016.
463
05/10/2016
NON-EXPERT WITNESS SUMMARY ORDER: The court having previously ordered counsel for the parties to submit expert 'crib sheets' summarizing the testimony to be given by experts they intend to call (doc. no. 240), it is also ORDERED that, no later than 8:00 AM on each day of both phases of trial, counsel are to share with opposing counsel and file with the court a brief summary of each non-expert witness they intend to call that day. Each summary should be no more than half of one page in length, and should include the name of the witness, a brief description of his or her role in and relevance to the case, and a brief summary of the topics his or her testimony will address. Signed by Honorable Judge Myron H. Thompson on 5/10/2016.
464
05/10/2016
ORDERED that defendants' 405 motion to compel is denied as moot with respect to defendants' request for production # 52. Signed by Honorable Judge Myron H. Thompson on 5/10/2016.
465
05/10/2016
ORDERED that defendants' 405 motion to compel is denied as moot with respect to defendants' requests for production # 54 & # 55. Signed by Honorable Judge Myron H. Thompson on 5/10/2016.
466
05/10/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 4/15/2016, before Honorable Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/10/2016. Release of Transcript Restriction set for 8/8/2016.
467
05/10/2016
ORDERED that plaintiffs are to show cause, in a filing to be submitted under seal and by no later than noon on May 13, 2016, why they should not be required to produce this message to defendants. Signed by Honorable Judge Myron H. Thompson on 5/10/2016.
468
05/11/2016
NOTICE by All Plaintiffs re 467 Order to Show Cause, of Production to Defendants
469
05/11/2016
ORDER: In light of the representation by plaintiffs in their notice of production (doc. no. 468) that they have produced to defendants the communication at issue in this court's order of May 10, 2016 (doc. no. 467), it is ORDERED that plaintiffs need not file any further response to that show-cause order. It is further ORDERED that defendants' motion to compel (doc. no. 405) is denied as moot with respect to defendants' request for production # 40. As all pending issues identified in this court's order (doc. no. 412) with respect to defendants' motion to compel (doc. no. 405) have now been resolved, the clerk of court is DIRECTED to terminate said motion. Signed by Honorable Judge Myron H. Thompson on 5/11/2016.
470
05/12/2016
(VACATED PURSUANT THE THE COURT'S 817 ORDER) ELECTRONIC FILING OF SEALED DOCUMENTS ORDER: It is ORDERED that, in the future, when the parties file any documents or exhibits under seal, they are to furnish to the clerk of court, along with and at the same time as they submit the paper documents for filing, a compact disc containing PDF-format files. Each individual document or exhibit is to be submitted as a separate, clearly named PDF file no larger than 10 megabytes in size. The electronic files must be identical to the paper documents or exhibits presented. The parties are responsible for the readability and accuracy of the electronic files. Signed by Honorable Judge Myron H. Thompson on 5/12/2016. Modified on 9/30/2016.
471
05/12/2016
MOTION to Substitute brief to include citations to final deposition transcripts by Alabama Department of Corrections.
472
05/13/2016
ORDERED that defendants' unopposed 471 motion to for leave to file a substitute brief is granted to the extent that defendants are to file a corrected opposition brief and final expert deposition transcripts by no later than 5:00 PM on May 18, 2016 (not May 20, 2016, as requested). The clerk of court is DIRECTED to docket this corrected opposition brief and the attached exhibits as a new entry, and not to replace the original filings, which are to remain on the docket. Signed by Honorable Judge Myron H. Thompson on 5/13/2016.
473
05/13/2016
NOTICE REGARDING TRIAL STIPULATIONS: So as to dramatically shorten the length of trial and in order to avoid the presentation of unnecessary evidence, counsel for all parties are reminded that they should have engaged in good faith efforts to reduce all undisputed facts to written stipulations and that these stipulations are to be filed with the court on the dates of the pretrial conferences. See Stipulations Order (doc. no. 245). Signed by Honorable Judge Myron H. Thompson on 5/13/2016.
474
05/13/2016
MOTION for Leave to File Defendant's Motion for Leave to File Under Seal by Alabama Department of Corrections.
475
05/13/2016
TEXT ORDER granting 474 Motion for Leave to File Under Seal. Signed by Honorable Judge Myron H. Thompson on 5/13/2016. (no pdf document attached to this entry)
476
05/13/2016
RESPONSE in Opposition re 421 MOTION to Certify Class for Phase I filed by Alabama Department of Corrections.
1
Exhibit Ex. 1 -- 2014 ADOC Annual Report
2
Exhibit Ex. 2 -- Hillberry Report (sealed)
3
Exhibit Ex. 3 -- Health Classification
4
Exhibit Ex. 4 -- Declaration of Angie Baggett (sealed)
5
Exhibit Ex. 5 -- AR 400 Classification (sealed)
6
Exhibit Ex. 6 -- Classification Manual (sealed)
7
Exhibit Ex. 7 -- Declaration of George Adams
8
Exhibit Ex. 9 -- Declaration of James Williams
9
Exhibit Ex. 10 -- Deposition of P. Billups (sealed)
10
Exhibit Ex. 11 -- Deposition of K. Jones (sealed)
11
Exhibit Ex. 12 -- Deposition of Dr. Peter Blanck (sealed)
12
Exhibit Ex. 13 -- Deposition of Timothy Sears (sealed)
13
Exhibit Ex. 14 -- Deposition of Edward Braggs (sealed)
14
Exhibit Ex. 15 -- Deposition of Christopher Gilbert (sealed)) (Attachment 2 replaced on 5/16/2016). (Attachment 4 replaced on 5/16/2016). (Attachment 5 replaced on 5/16/2016). (Attachment 6 replaced on 5/16/2016). (Attachment 9 replaced on 5/16/2016). (Attachment 10 replaced on 5/16/2016). (Attachment 11 replaced on 5/16/2016). (Attachment 12 replaced on 5/16/2016). (Attachment 13 replaced on 5/16/2016). (Attachment 14 replaced on 5/16/2016
14 Attachments
477
05/13/2016
Evidentiary Submission re 476 Response in Opposition to Motion, Exhibits 16-26 filed by Alabama Department of Corrections.
1
Exhibit Ex. 16 -- Deposition of K. Peters (sealed)
2
Exhibit Ex. 17 -- Medical Records of T. Brooks (sealed)
3
Exhibit Ex. 18 -- Deposition of T. Brooks (sealed)
4
Exhibit Ex. 19 -- ROUGH Deposition of David Runnels (sealed)
5
Exhibit Ex. 20 -- Deposition of Veronica Moore (sealed)
6
Exhibit Ex. 21 -- Declaration of Guy Noe
7
Exhibit Ex. 22 -- Deposition of Bobby Barrett (sealed)
8
Exhibit Ex. 23 -- Deposition of Gary Broyles (sealed)
9
Exhibit Ex. 24 -- Trade School Chart (sealed)
10
Exhibit Ex. 25 -- AR 460
11
Exhibit Ex. 26 -- Emails from Sherry Lightner) (Attachment 2 replaced on 5/16/2016). (Attachment 9 replaced on 5/16/2016). (Attachment 4 replaced on 5/16/2016). (Attachment 1 replaced on 5/16/2016). (Attachment 3 replaced on 5/16/2016). (Attachment 5 replaced on 5/16/2016). (Attachment 7 replaced on 5/16/2016). (Attachment 8 replaced on 5/16/2016
11 Attachments
478
05/13/2016
Evidentiary Submission re 476 Response in Opposition to Motion, Exhibits 27-39 filed by Alabama Department of Corrections.
1
Ex. 27 -- Hamilton SOP Classification Specialist (sealed)
2
Ex. 28 -- Classification Inmate Summary of John Maner (sealed)
3
Ex. 29 -- Deposition of Ruth Naglich (sealed)
4
Ex. 30 -- Deposition of John Maner (sealed)
5
Ex. 31 -- Intra-System Transfer Form (sealed)
6
Ex. 32 -- Declaration of Ruth Naglich (sealed)
7
Ex. 33 -- Report of David L. Runnels (sealed)
8
Ex. 34 -- Hamilton ADA Grievance Procedure
9
Ex. 35 -- Tutwiler SOP ADA Grievance
10
Ex. 36 -- Deposition of J. Gilbert (sealed)
11
Ex. 37 -- Report of Dr. Peter Blanck (sealed)
12
Ex. 38 -- Hamilton ADA Grievance Appeal form
13
Ex. 39 -- Deposition of T. Holcomb (sealed)) (Attachment 1 replaced on 5/16/2016). (Attachment 2 replaced on 5/16/2016). (Attachment 5 replaced on 5/16/2016). (Attachment 7 replaced on 5/16/2016). (Attachment 11 replaced on 5/16/2016). (Attachment 6 replaced on 5/16/2016). (Attachment 3 replaced on 5/16/2016). (Attachment 4 replaced on 5/16/2016). (Attachment 10 replaced on 5/16/2016). (Attachment 13 replaced on 5/16/2016
13 Attachments
479
05/16/2016
JOINT STATUS REPORT Regarding Plaintiffs' Objections to Runnels Report by All Plaintiffs, Alabama Department of Corrections. Modified on 5/17/2016 to add as filed on behalf of additional parties.
480
05/16/2016
RESPONSE in Opposition re 421 MOTION to Certify Class for Phase I CORRECTED BRIEF pursuant to this Court's Order of May 12, 2016 filed by Alabama Department of Corrections.
1
SEALED Exhibit CORRECTED Exhibit 19 -- FINAL Deposition of David Runnels) Modified on 5/16/2016 to reflect Exhibit 19 as SEALED (qc/djy,
1 Attachment
481
05/16/2016
Deposition Designations Defendants Deposition Designations in Response to Plaintiffs' Deposition Designations for Phase I Trial by Alabama Department of Corrections.
482
05/17/2016
ORDERED that the parties are to file these stipulations with the court by no later than June 6, 2016. No further extension of this deadline will be granted. It is the express obligation of both parties to ensure that this filing is timely submitted. Signed by Honorable Judge Myron H. Thompson on 5/17/2016.
483
05/17/2016
PHASE 1 TRIAL SCHEDULE: (1) Each and every day, Monday through Friday, court will begin at 9:00 AM and last until 5:00 PM, with 15-minute breaks around 10:30 AM and 3:00 PM, and with an hour for lunch at noon. (2) Attorneys are to be in court, ready to proceed, each morning by no later than 8:40 AM (3) Court will be in recess on July 4, 2016, and for the week of July 25-29, 2016. (4) If the trial is proceeding slower than expected, daily court could begin at 8:00 AM and last past 5:00 PM, and there could be court on July 4 and on Saturdays. Signed by Honorable Judge Myron H. Thompson on 5/17/2016.
484
05/17/2016
ORDERED that plaintiffs' 421 motion for Phase 1 class certification is set for oral argument on May 26, 2016, at 10:00 AM in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 5/17/2016. (furn: AG, Calendar)
485
05/17/2016
PHASE 1 PRETRIAL ORDER: It is ORDERED as follows: (1) The non-jury trial of this cause, which is to last approximately 20 days, is set for June 20, 2016, at 9:00 AM at the United States Courthouse in Montgomery, Alabama. (2) Trial briefs are to be filed in accordance with and by the deadlines set in the trial briefs order (doc. no. 246), as amended by the modified Daubert order (doc. no. 288). All deadlines not otherwise affected by this order will remain as set forth in the new scheduling order (doc. no. 239) entered by the court, and all subsequent orders modifying it as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/17/2016. (furn: AG, Calendar)
486
05/17/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Pretrial Conference held on 5/17/2016 (PDF available for court use only). (Court Reporter Risa Entrekin.)
487
05/18/2016
ORDER: Based on the representations made on the record during the Phase 1 pretrial conference held on May 17, 2016, it is ORDERED that the objections plaintiffs raised to the report of defense expert David Runnels (doc. no. 414) and maintained in the parties' joint report regarding the status of those objections (doc. no. 479) are to be addressed as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/18/2016.
488
05/18/2016
NOTICE of Appearance by Jaqueline Aranda Osorno on behalf of All Plaintiffs (Aranda Osorno, Jaqueline)
489
05/19/2016
TABLES OF CONTENTS ORDER: For the convenience of the court and in order to promote the clear organization of written submissions, it is ORDERED that any future motion, brief, memorandum, or like filing exceeding 25 pages in length is to include a table of contents listing all headings in the document and indicating the pages on which those headings appear. Signed by Honorable Judge Myron H. Thompson on 5/19/2016.
490
05/20/2016
NOTICE of Appearance by Lisa Wright Borden on behalf of All Plaintiffs
491
05/20/2016
MOTION for Leave to File Documents Under Seal by All Plaintiffs.
492
05/20/2016
PRETRIAL MEMORANDUM by Alabama Disabilities Advocacy Program, Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Roger Moseley, Bradley Pearson, Turner Rogers, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
493
05/20/2016
REPLY BRIEF re 422 BRIEF/MEMORANDUM in Support filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
494
05/21/2016
Evidentiary Submission Exhibits 1-10 filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Bradley Pearson, Turner Rogers, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 1 - Plaintiffs summary chart
2
Exhibit 2 - to be filed under seal
3
Exhibit 3
4
Exhibit 4 - to be filed under seal
5
Exhibit 5 - to be filed under seal
6
Exhibit 6 - to be filed under seal
7
Exhibit 7 - to be filed under seal
8
Exhibit 8 - to be filed under seal
9
Exhibit 9 - to be filed under seal
10
Exhibit 10 - to be filed under seal) (Attachment 2 replaced on 5/24/2016). (Attachment 4 replaced on 5/24/2016). (Attachment 5 replaced on 5/24/2016). (Attachment 6 replaced on 5/24/2016). (Attachment 7 replaced on 5/24/2016). (Attachment 8 replaced on 5/24/2016). (Attachment 9 replaced on 5/24/2016). (Attachment 10 replaced on 5/24/2016). (Attachment 10 replaced on 5/24/2016
10 Attachments
495
05/21/2016
Evidentiary Submission re 493 Reply Brief, Exhibits 11-22 filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Roger Moseley, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 11 - to be filed under seal
2
Exhibit 12 - to be filed under seal
3
Exhibit 13 - to be filed under seal
4
Exhibit 14 - to be filed under seal
5
Exhibit 15 - to be filed under seal
6
Exhibit 16 - to be filed under seal
7
Exhibit 17 - to be filed under seal
8
Exhibit 18 - to be filed under seal
9
Exhibit 19
10
Exhibit 20
11
Exhibit 21
12
Exhibit 22) (Attachment 1 replaced on 5/24/2016). (Attachment 2 replaced on 5/24/2016). (Attachment 3 replaced on 5/24/2016). (Attachment 4 replaced on 5/24/2016). (Attachment 5 replaced on 5/24/2016). (Attachment 6 replaced on 5/24/2016). (Attachment 7 replaced on 5/24/2016). (Attachment 8 replaced on 5/24/2016
12 Attachments
496
05/21/2016
Evidentiary Submission re 493 Reply Brief, Exhibit 23 filed by Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Sylvester Hartley, Charlie Henderson, Brandon Johnson, John Maner, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Roger Moseley, Bradley Pearson, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
1
Exhibit 23
1 Attachment
497
05/23/2016
TEXT ORDER granting 491 MOTION for Leave to File Documents Under Seal. Signed by Honorable Judge Myron H. Thompson on 5/23/2016. (no pdf document attached to this entry)
498
05/23/2016
Response to Order re 243 Order, Parties' Joint Plan regarding Plaintiff's Attendance at Trial by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
499
05/23/2016
ORDER: The court has particular interest in addressing at the hearing on plaintiffs' motion for Phase 1 class certification (doc. no. 421) set for May 26, 2016, certain specific, important questions. It is therefore ORDERED that the parties are to submit, by no later than 4:00 PM on May 25, 2016, supplemental briefs directly answering, and be prepared to discuss further at oral argument, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/23/2016.
500
05/23/2016
ORDER: It is ORDERED that the parties' joint plan for prisoner attendance at the Phase 1 trial (doc. no. 498) is approved. Signed by Honorable Judge Myron H. Thompson on 5/23/2016.
501
05/23/2016
Witness List by Alabama Department of Corrections.
502
05/23/2016
DEFENDANT ALABAMA DEPARTMENT OF CORRECTIONS' RESPONSE TO PLAINTIFFS' 460 VISITATION PLAN by Alabama Department of Corrections.
503
05/23/2016
NOTICE of Filing by All Plaintiffs re 494 Evidentiary Submission and 495 Evidentiary Submission.
504
05/24/2016
JOINT MOTION FOR ENTRY OF PROPOSED ORDER REGARDING PHASE 1 TRIAL EXHIBITS by Alabama Department of Corrections, All Plaintiffs,Alabama Disabilities Advocacy Program. Modified on 5/25/2016 to clarify the docket text and add as filed on behalf of the additional parties.
1
Exhibit A
1 Attachment
505
05/24/2016
PRETRIAL MEMORANDUM by Alabama Department of Corrections.
506
05/24/2016
STIPULATION of Facts as to Phase I (Joint) by Alabama Department of Corrections, All Plaintiffs, Alabama Disabilities Advocacy Program. Modified on 5/25/2016 to add as filed on behalf of additional parties.
507
05/25/2016
NOTICE. Signed by Honorable Judge Myron H. Thompson on 5/25/2016.
508
05/25/2016
Response to Order re 499 Order, Supplemental Briefing on Class Certification by Alabama Disabilities Advocacy Program, Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Christopher Gilbert, Dwight Hagood, Sylvester Hartley, Charlie Henderson, Christopher Jackson, John Maner, Jermaine Mitchell, Tommie Moore, Roger Moseley, Bradley Pearson, Turner Rogers, Timothy Sears, Daniel Tooley, Joseph Torres, Donald Ray Turner.
509
05/25/2016
RESPONSE in Opposition re 499 Order, 421 MOTION to Certify Class for Phase I, Defendant's Supplemental Brief filed by Alabama Department of Corrections. Modified on 5/25/2016 to correct the docket entry relationship by adding links to docs 421 and 499 and remove the erroneous link to doc 433.
510
05/25/2016
(STRICKEN AS AN ERRONEOUS DUPLICATE DOCKET ENTRY) Response to Order by Alabama Department of Corrections. Modified on 5/26/2016.
511
05/26/2016
MOTION to Withdraw as Attorney on behalf of Valentina Restrepo by All Plaintiffs.
512
05/26/2016
NOTICE of Error re 510 Response to Order is hereby STRICKEN as an erroneous duplicate docket entry.
513
05/26/2016
TEXT ORDER granting 511 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 5/26/2016. (no pdf document attached to this entry)
05/26/2016
*** Attorney Valentina Restrepo terminated pursuant to the 513 order. (no pdf document attached to this entry). (Text entry; no document attached.)
514
05/26/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 5/26/2016 re 421 MOTION to Certify Class for Phase I filed by All Plaintiffs (PDF available for court use only). (Motion Hearing not held Settlement discussed) (Court Reporter Patricia Starkie.)
515
05/26/2016
ORDER: Counsel for the parties having stated in open court on May 26, 2016, that they have reached a proposed settlement of Phase 1, it is ORDERED as follows: (1) The Phase 1 trial, now set to begin on June 20, 2016, is canceled. (2) All deadlines, to the extent that they address Phase 1, are suspended. Signed by Honorable Judge Myron H. Thompson on 5/26/2016. (Term: Non-Jury Trial set for 06/20/2016) (Furn: calendar, AG)
516
05/26/2016
MOTION for Leave to File Under Seal by Alabama Department of Corrections.
517
05/26/2016
TEXT ORDER granting 516 MOTION for Leave to File Under Seal. Signed by Honorable Judge Myron H. Thompson on 5/26/2016. (no pdf document attached to this entry)
518
05/26/2016
Amended and Restated Settlement Agreement.
1
Exhibit A) Modified on 5/26/2016 to clarify the docket text. (Additional attachment(s) added on 5/26/2016: #
2
Sealed Exhibit
2 Attachments
519
05/27/2016
ORDER directing as follows: (1) a HEARING on whether the parties 518 proposed settlement of Phase 1 should be preliminarily approved is set for 6/3/2016 @ 10:00 AM before Honorable Judge Myron H. Thompson, in Courtroom 2FMJ, FMJ US Courthouse Complex, Montgomery, AL; (2) by 6/1/2016, the parties are to submit their proposed logistical procedures and forms for giving notice to and receiving comments from putative class members. Signed by Honorable Judge Myron H. Thompson on 5/27/2016. Furnished to calendar group & AG.
520
05/31/2016
Joint MOTION for Settlement (Preliminary Approval of a Class Action Settlement Concerning Claims Arising Under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973) by Alabama Department of Corrections.
1
Exhibit 1
2
Exhibit 2
2 Attachments
521
06/01/2016
ORDERED that the second joint motion for preliminary approval of the parties' settlement of Phase 1 (doc. no. 520) is set for hearing on June 3, 2016, at 10:00 AM, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 6/1/2016. (furn: Calendar, AG)
522
06/01/2016
ORDER: In light of the pending joint motion for preliminary approval of the parties' settlement of Phase 1 (doc. no. 520), it is ORDERED that the pending motions related to the trial of that phase--namely, plaintiffs' motion for Phase 1 class certification (doc. no. 421), and the parties' joint motion for entry of an order on Phase 1 trial exhibits (doc. no. 504)--are denied with leave to renew should the court not approve the proposed settlement. Signed by Honorable Judge Myron H. Thompson on 6/1/2016.
523
06/02/2016
Response to Order re 519 Order, Set Hearings, [Joint] Parties' Proposed Logistical Procedures and Forms for Providing Notice of Proposed Settlement and Receiving Comments from Putative Class Members by Alabama Department of Corrections.
1
Exhibit 3 - Responses to Proposed Class Action Settlement
1 Attachment
524
06/03/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 6/3/2016 re 520 Joint MOTION for Settlement (Preliminary Approval of a Class Action Settlement Concerning Claims Arising Under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973) filed by Alabama Department of Corrections (PDF available for court use only). (Court Reporter Patricia G. Starkie.)
525
06/03/2016
ORDERED that an in-person status conference on Phase 2 of this case is set for June 9, 2016, at 1:30 PM This status conference will be held in chambers. Signed by Honorable Judge Myron H. Thompson on 6/3/2016. (furn: AG, Calendar)
526
06/06/2016
NOTICE by Jefferson S. Dunn, Ruth Naglich Notice of Stipulations
1
Exhibit A
1 Attachment
527
06/10/2016
PHASE 2 IN-PERSON STATUS CONFERENCES ORDER: ORDERED that on-the-record status conferences are set for the following dates at 10:00 AM in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama: June 29, 2016; July 22, 2016; and August 10, 2016. Counsel for every party must be present in person as further set out; It is further ORDERED that the status conference currently set for August 9, 2016, is cancelled. Signed by Honorable Judge Myron H. Thompson on 6/10/2016. (furn: calendar, AG)
528
06/10/2016
SEALED ORDER. Signed by Honorable Judge Myron H. Thompson on 6/10/2016.
529
06/10/2016
PHASE 2 PRETRIAL AND MOTION DEADLINES ORDER: it is ORDERED as follows: (1) The order this court entered on April 19, 2016 (doc. no. 416), resetting the Phase 2 pretrial conference, is vacated. (2) The court's new scheduling order (doc. no. 239) is amended as follows: the first sentence of the third paragraph of Section 1 is amended to read: "In Phase 2, a pretrial conference is scheduled for September 2, 2016, at 10:00 AM in Montgomery, Alabama." (3) The court's modified Daubert order (doc. no. 288), which amended the new scheduling order (doc. no. 239), is vacated with respect to Phase 2. (4) Section 2 of the new scheduling order (doc. no. 239) is amended with respect to Phase 2 to read in its entirety: "SECTION 2. Dispositive motions (i.e., motions to dismiss or motions for summary judgment) shall be filed no later than July 29, 2016, as further set out. "The opposing parties will be permitted to file responses no later than August 17, 2016, and the moving parties will be permitted to file replies no later than August 23, 2016." (5) Section 4 of the new scheduling order (doc. no. 239) is amended with respect to Phase 2 to read in its entirety, SECTION 4. Motions for class certification shall be filed no later than July 29, 2016, as further set out. (6) The court's trial briefs order (doc. no. 246) is amended to include at the end of the existing text the following: "Each party is to address in these briefs all Daubert issues to be resolved at trial involving challenges to expert evidence raised or likely to be raised by either party, and including any unresolved challenges previously raised by either party in litigation on dispositive and class certification motions. Absent exceptional circumstances, separate Daubert motions will not be entertained. These issues will be taken up at trial and resolved during its course or after its conclusion in an eventual opinion on the merits." (7) The court's modified expert discovery order (doc. no. 259), which amended the new scheduling order (doc. no. 239), is vacated. (8) Section 6 of the new scheduling order (doc. no. 239) is amended with respect to Phase 2 to read in its entirety: "SECTION 6. All Phase 2 fact discovery is complete. "All Phase 2 expert discovery shall be completed no later than August 22, 2016." (9) Section 7 of the new scheduling order (doc. no. 239) is amended with respect to Phase 2 to read in its entirety: "SECTION 7. The parties shall disclose to each other the identity and general area of expected testimony of ANY person who may be used at trial to present evidence under Rules 701, 702, 703, or 705 of the Federal Rules of Evidence no later than July 5, 2016, except that defendant will be permitted to present testimony from rebuttal experts whose identities were not disclosed by that date, so long as those rebuttal experts had not yet been retained as of that date and their identities and general areas of expected testimony were disclosed no later than July 18, 2016, as further set out. (10) All other deadlines tied to the date of the Phase 2 pretrial conference, whether set in the new scheduling order (doc. no. 239) or otherwise, are adjusted accordingly. Signed by Honorable Judge Myron H. Thompson on 6/10/2016. (furn: AG, Calendar)
530
06/09/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 6/9/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
531
06/10/2016
NOTICE by Alabama Department of Corrections of Response to Court's questions raised at the preliminary approval hearing on June 3, 2016
532
06/13/2016
PHASE 1 PRELIMINARY SETTLEMENT APPROVAL ORDER: It is therefore ORDERED that the joint motion for preliminary approval (doc. no. 520) is granted as follows: 1. The proposed settlement agreement (doc. no. 518) is preliminarily approved, as further set out in order. An injunctive-relief settlement class, is provisionally certified under Federal Rule of Civil Procedure 23(a) and (b)(2). The Southern Poverty Law Center, the Alabama Disabilities Advocacy program, and Baker Donelson Bearman Caldwell & Berkowitz are appointed as class counsel to represent the settlement class under Federal Rule of Civil Procedure 23(g). The Alabama Department of Corrections (ADOC) is to provide notice of the proposed settlement agreement as further outlined below by June 24, 2016, and to collect comments from class members as further outlined below by the submission deadline of July 25, 2016, as further set out in order. By no later than July 15, 2016, the parties are to file a joint supplemental brief addressing comprehensively and in detail the following questions raised previously by the court at a hearing held in open court on June 3, 2016, as further set out. By no later than August 17, 2016, the parties are to file pre-hearing briefs, both summarizing by topic and responding to the objections to and comments on the proposed settlement agreement that have been submitted by class members, as further set out. A fairness hearing is set for 10:00 AM on August 31, 2016, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. At this hearing, counsel for both parties must be prepared to respond to the objections raised and comments made by class members, as well as to the courts concerns as outlined above. The court will determine, after receiving objections and comments from class members, from which of them it intends to hear oral testimony. This testimony will be heard by videoconference from various ADOC facilities, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/13/2016. Modified on 6/14/2016.
1
Exhibit A
2
Exhibit B)(furn: AG, Calendar) (Attachment 2 (Exhibit B) replaced on 6/14/2016 per direction of chambers
2 Attachments
533
06/13/2016
ORDER: It is ORDERED that any Phase 2 dispositive and class-certification motions are set for oral argument on September 2, 2016, at 10:00 AM, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 6/13/2016. (furn: calendar, AG)
534
06/14/2016
PHASE 1 SUPPLEMENTAL BRIEFING ORDER: Upon further consideration of the parties' proposed Phase 1 settlement agreement (doc. no. 518), and in addition to the briefing ordered in this court's Phase 1 preliminary settlement approval order (doc. no. 532), it is ORDERED as follows: (1) By no later than June 20, 2016, plaintiffs are to file a brief addressing whether the court should appoint a guardian ad litem to represent at the fairness hearing the interests of class members who are incompetent or otherwise unable to understand or comment on the terms of the settlement agreement. This brief is to respond to the position taken by defendants on this question in their notice of response (doc. no. 531). (2) By no later than July 15, 2016, the parties are to address in detail in a joint filing the bases on which they propose that the court grant final certification of the proposed class. Signed by Honorable Judge Myron H. Thompson on 6/14/2016.
06/15/2016
Set Hearings: Telephone Conference re Phase I Settlement set for 6/17/2016 10:00 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
535
06/16/2016
MOTION for Leave to File Documents under Seal by All Plaintiffs.
536
06/17/2016
MOTION Expedited Mediation of Discovery Dispute by All Plaintiffs.
537
06/17/2016
TEXT ORDER granting 535 Motion for Leave to File documents under seal. Signed by Honorable Judge Myron H. Thompson on 6/17/16. (NO PDF document attached to this notice).
538
06/17/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/17/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
539
06/20/2016
SECOND PHASE 1 SUPPLEMENTAL BRIEFING ORDER: Upon further consideration of the parties' proposed Phase 1 settlement agreement (doc. no. 518), and in addition to the briefing ordered in this courts Phase 1 preliminary settlement approval order (doc. no. 532) and Phase 1 supplemental briefing order (doc. no. 534), it is ORDERED as follows: (1) By no later than July 15, 2016, the parties are to confirm in a written filing with the court their agreement, stipulated to during a telephone conference held on the record on June 17, 2016, that under the terms of their proposed settlement agreement and applicable law, as further set out in order. (2) By no later than July 15, 2016, the parties are to file a joint supplemental brief, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/20/2016.
540
06/20/2016
Response to Order re 534 Order, Regarding Appointment of a Guardian Ad Litem by All Plaintiffs.
541
06/20/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/17/2016, before Judge Honorable Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-262-1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.
542
06/22/2016
ORDERED as follows: (1) The 536 Motion for Expedited Mediation is GRANTED. (2) This matter be and is hereby set for a mediation conference on Monday, June 27, 2016, at 9:00 AM in Courtroom 4A, United States Courthouse, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Terry F. Moorer on 6/22/2016. (furn: calendar, CB)
543
06/22/2016
ORDERED that the Mediation Conference set for June 27, 2016, be and is hereby RESET to Wednesday, June 29, 2016, at 10:30 AM in Courtroom 4A, United States Courthouse, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Terry F. Moorer on 6/22/2016. (furn: calendar, CB)
544
06/24/2016
STATUS REPORT Jointly Prepared By All Parties by All Plaintiffs.
545
06/27/2016
MOTION to Continue / Re-Set Status Conferences by Jefferson S. Dunn, Ruth Naglich.
546
06/29/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 6/29/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
547
06/29/2016
ORDERED that defendants' motion to reset status conferences (doc. no. 545) is granted as follows: (1) The status conferences set in this court's Phase 2 In-Person Status Conferences Order (doc. no. 527) for July 22, 2016, and August 10, 2016, are reset for July 20, 2016, at 10:00 AM, and August 15, 2016, at 1:00 PM, respectively, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/29/2016. (furn: AG, Calendar)
06/29/2016
(PARTIED ARE INSTRUCTED TO DISREGARD THIS ENTRY - PLEASE REFER TO 547 FOR HEARING DATES) Set Hearings: Status Conference set for 7/22/2016 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. (furn calendar, ag) Modified on 6/29/2016 to reflect court entry only. (Text entry; no document attached.)
06/29/2016
Set Hearings: Status Conference set for 7/20/2016 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Cancelled: Status Conference set for 7/22/2016 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson previously set in error. (furn calendar, AG) (Text entry; no document attached.)
06/29/2016
Set Status Conference set for 8/15/2016 01:00 PM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson previously deleted in error while correcting another status conference deadline. (furn: calendar) (Text entry; no document attached.)
548
06/29/2016
ORDERED as follows: (1) Plaintiff Alabama Disabilities Advocacy Program is to file its motion for leave to amend the complaint to assert its associational standing by no later than July 6, 2016. If defendants oppose this motion, they are to respond by no later than July 13, 2016, and plaintiffs are to reply by no later than July 15, 2016. (2) Plaintiffs are to file an outline of their allegations by no later than July 13, 2016. Signed by Honorable Judge Myron H. Thompson on 6/29/2016.
06/29/2016
Minute Entry for Mediation Conference held before Honorable Judge Terry F. Moorer on 6/29/2016 (PDF available for court use only). (Recording Time 10:30-3:00.) (Text entry; no document attached.)
549
07/06/2016
MOTION for Leave to File [Proposed] Fourth Amended Complaint by Alabama Disabilities Advocacy Program.
1
Exhibit Ex 1 - [Proposed] Fourth Amended Complaint
1 Attachment
550
07/07/2016
PHASE I OPINION AND ORDER ON NEED FOR APPOINTMENT OF GUARDIAN AD LITEM: it is ORDERED as follows: (1) The court will not appoint a guardian ad litem at this time in this litigation. (2) By no later than August 17, 2016, plaintiff Alabama Disabilities Advocacy Program is to file a brief setting forth in detail its position as to why the settlement agreement promotes the interests, and fairly resolves the claims, of prisoners with cognitive and communication- elated disabilities so severe that they would likely be unable to understand the terms of the agreement or submit intelligible comments on them. Signed by Honorable Judge Myron H. Thompson on 7/7/2016.
07/08/2016
Set Hearings: Telephone Conference set for 7/11/2016 01:00 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
551
07/11/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 7/11/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
552
07/12/2016
NEW PHASE 2 STATUS CONFERENCES ORDER: ORDERED that in addition to the status conferences currently scheduled for July 20, 2016, at 10:00 AM, and August 15, 2016, at 1:00 PM, pursuant to the courts order of June 29, 2016 (doc. no. 547), an additional status conference is set for September 2, 2016, at 10:00 AM Signed by Honorable Judge Myron H. Thompson on 7/12/2016. (furn: AG, Calendar)
553
07/12/2016
NEW PHASE 2 SCHEDULING ORDER: It is ORDERED that the following unexpired Phase 2 deadlines, as set in the new scheduling order (doc. no. 239) and Phase 2 pretrial and motion deadlines order (doc. no. 529), are reset as follows: The pretrial conference set for September 2, 2016, at 10:00 AM, is reset to September 28, 2016, at 10:00 AM The dispositive and class-certification motions deadline of July 29, 2016, is extended to August 19, 2016. The deadline for completion of all expert discovery of August 22, 2016, is extended to September 12, 2016. The Phase 2 trial, now set to begin on October 17, 2016, is continued until November 7, 2016. It is further ORDERED that the court's order of June 14, 2016 (doc. no. 533), setting the Phase 2 dispositive and class- certification motions for oral argument on September 2, 2016, is amended to set any such motions for oral argument on September 28, 2016. It is further ORDERED that the deadlines set in this court's order of June 29, 2016 (doc. no. 548), for briefing regarding plaintiff Alabama Disabilities Advocacy Program's motion for leave to amend the complaint to assert its associational standing, and for plaintiffs to file an outline of their allegations, remain the same. Finally, it is ORDERED that all other deadlines tied to the date of the Phase 2 pretrial conference, whether set in the new scheduling order (doc. no. 239) or otherwise, are adjusted accordingly. No deadlines related to Phase 1 have been affected by this order. Signed by Honorable Judge Myron H. Thompson on 7/12/2016. (furn: AG, Calendar)
554
07/12/2016
PHASE 2 ASSOCIATIONAL STANDING BRIEFING ORDER: It is ORDERED that this court's order of June 29, 2016 (doc. no. 548), is amended to extend the deadline for defendants to respond to plaintiff Alabama Disabilities Advocacy Program's motion for leave to amend their complaint to assert associational standing (doc. no. 549) to July 22, 2016, and to extend the deadline for plaintiffs to reply to July 27, 2016. Signed by Honorable Judge Myron H. Thompson on 7/12/2016.
555
07/13/2016
NOTICE by All Plaintiffs re 548 Order, Filing of Trial Outline
1
Exhibit 1 - Outline
2
Exhibit 2 - Vail
3
Exhibit 3 - Puisis
4
Exhibit 4 - Shulman
5
Exhibit 5 - Burns
6
Exhibit 6 - Haney
6 Attachments
556
07/14/2016
PHASE 1 COMMENT BOX ORDER: With the agreement of the parties and for purposes of logistical convenience, it is ORDERED that Section 4(k) of the Phase 1 Preliminary Settlement Approval Order (doc. no. 532 at 12-13) is amended to permit the comment boxes to be opened at the headquarters of defendant Alabama Department of Corrections in Montgomery, Alabama, rather than at the United States Courthouse. A representative of the clerk of court will be in attendance when the boxes are opened and will personally transport all contents of the boxes to the courthouse for processing pursuant to Section 4(l) of that order. All other provisions related to the collection of comments remain unaltered. Signed by Honorable Judge Myron H. Thompson on 7/14/2016.
557
07/14/2016
(STRICKEN as erroneous docket entry-See Docket entry 558) MOTION to Compel The State's Emergency Motion to Declassify as "Attorneys' Eyes Only" the Patient Keys in Named Plaintiffs' Expert Reports by Jefferson S. Dunn, Ruth Naglich. Modified on 7/18/2016 (qc/djy,).
558
07/14/2016
MOTION to Compel The State's Emergency Motion to Declassify as "Attorneys' Eyes Only" the Patient Keys in Named Plaintiffs' Expert Reports by Jefferson S. Dunn, Ruth Naglich.
1
Exhibit a
1 Attachment
559
07/15/2016
Joint MOTION for Extension of Deadline Joint Supplemental Brief addressing two specific issues (DOC 532 at 14-16) re 532 Order by Alabama Department of Corrections. Modified on 7/15/2016 to clarify the text.
560
07/15/2016
STIPULATION [JOINT] Concerning Provisions of PLRA as it Related to Phase 1 Settlement by Alabama Department of Corrections.
561
07/15/2016
PHASE 1 BRIEFING DEADLINE EXTENSION ORDER: It is ORDERED that the parties' joint motion (doc. no. 559) for an extension of the deadline for supplemental briefing in response to Sections 5(a) and 5(b) of the Phase 1 Preliminary Settlement Approval Order (doc. no. 532) is granted to the extent that the parties may submit their responses to those sections by no later than noon on July 22, 2016. Signed by Honorable Judge Myron H. Thompson on 7/15/2016.
562
07/15/2016
Response to Order re 534 Order, at 2 Joint Brief in Support of Class Certification by Alabama Department of Corrections.
563
07/15/2016
Response to Order re 539 Order, [Joint Response to Court's Second Supplemental Briefing Order] by Alabama Department of Corrections.
564
07/15/2016
STATUS REPORT (Joint) by All Plaintiffs. Modified on 7/18/2016 to clarify text to reflect as also filed on behalf of Jefferson Dunn and Ruth Naglich (qc/djy,).
565
07/18/2016
NOTICE of Error re 557 MOTION to Compel The State's Emergency Motion to Declassify as "Attorneys' Eyes Only" the Patient Keys in Named Plaintiffs' Expert Reports which is hereby STRICKEN as an erroneous duplicated docket entry. Parties should refer only to Docket entry 558, which is the same document with its' Exhibit A attached.
566
07/18/2016
(VACATED pursuant to 568) ORDER directing that plfs are to respond to the defs' 558 MOTION to Compel no later than 9:00 AM on 7/19/2016. Signed by Honorable Judge Myron H. Thompson on 7/18/16. Modified on 7/19/2016.
567
07/18/2016
NOTICE by Jefferson S. Dunn, Ruth Naglich re 558 MOTION to Compel The State's Emergency Motion to Declassify as "Attorneys' Eyes Only" the Patient Keys in Named Plaintiffs' Expert Reports Notice of Withdrawal
568
07/19/2016
ORDER DENYING as moot 558 MOTION to Compel, as further set out in order; VACATING the 566 Order requiring plfs' to respond. Signed by Honorable Judge Myron H. Thompson on 7/19/16.
569
07/19/2016
Objection to The State's Rule 26(a)(2) Objections to the Expert Reports Offered by Named Plaintiffs filed by Jefferson S. Dunn, Ruth Naglich.
570
07/19/2016
MOTION to Compel supplementation of certain documents from defs and request for expedited treatment by All Plaintiffs.
1
Exhibit 1
2
Exhibit 2-SEALED
3
Exhibit 3-SEALED
4
Exhibit 4
5
Exhibit 5
6
Exhibit 6
7
Exhibit 7
8
Exhibit 8-SEALED
9
Exhibit 9-SEALED
9 Attachments
07/19/2016
Motions No Longer Referred to Judge Moorer, system referral in error: 570 MOTION to Compel (Text entry; no document attached.)
571
07/20/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 7/20/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.) (Additional attachment(s) added on 7/25/2016: # 1 Court's Exhibit).
572
07/21/2016
ELECTRONIC COURTESY COPY ORDER, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/16.
573
07/21/2016
PHASE 2 DISCOVERY ORDER directing as follows: (1) With respect to plfs' request for supplementation of credentialing documentation and peer reviews, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Defs are to file under seal and, for purposes of in camera review, the peer-review files at issue by no later than 7/27/2016, as further set out in order; (2) with respect to plfs' request to receive or review the mortality reviews of the three deceased named plfs, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Defs are to collect these files at the offices of defense counsel by no later than 7/27/16, but need not submit them to the court at this time; further ORDERING that the following agreement, reached and memorialized in writing by the parties at the status conference held on the record on 7/20/16, is entered on the record in this case as a binding stipulation, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/16.
574
07/21/2016
NOTICE of Appearance by Christopher Fred Heinss on behalf of Alabama Department of Corrections
575
07/22/2016
Joint Brief Regarding Scope of Arbitration by Alabama Department of Corrections. Modified on 7/25/2016 to clarify the docket text and add as filed on behalf of the plaintiffs.
576
07/22/2016
Response to Order re 532 Order, Terminate Motions, Set Hearings, Joint Brief Addressing Court's Question Regarding Addition of Official Capacity Defendants to Phase 1 Claims and Settlement by Alabama Department of Corrections.
577
07/22/2016
MOTION for Leave to File Under Seal by Alabama Department of Corrections, Jefferson S. Dunn, Ruth Naglich.
578
07/19/2016
Clerk's NOTICE of filing PHASE 1 CLASS MEMBERS COMMENTS-FACILITIES.
1
Alex City
2
Atmore CWC
3
Bibb
4
Birmingham WR
5
Bullock
6
Childersburg
7
Decatur
8
Draper
9
Easterling
10
Elba
11
Elmore
12
Fountain
13
Frank Lee WR
14
Hamilton A&I
15
Holman
16
Kilby
17
Limestone
18
Loxley
19
Mobile CBF
20
Montgomery Womens
21
Red Eagle
22
Southern Poverty
23
St. Clair
24
Staton
25
Tutwiler
26
Ventress) (Attachment 23 replaced on 7/25/2016). (Attachment 1 replaced on 8/1/2016 to correct Alex City PDF document to include 4 missing pages) (qc/djy,
26 Attachments
579
07/22/2016
MOTION to Withdraw as Attorney Brent L. Rosen by All Plaintiffs.
580
07/22/2016
TEXT ORDER granting 577 Motion for Leave to File Under Seal; granting 579 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 7/22/2016. (no pdf document attached to this entry)
07/22/2016
*** Attorney Brent L Rosen terminated pursuant to the 580 text order. (Text entry; no document attached.)
581
07/22/2016
THE STATE'S RESPONSE IN OPPOSITION TO PLAINTIFFS' 570 MOTION TO COMPEL SUPPLEMENTATION OF CERTAIN DOCUMENTS FROM DEFENDANTS AND REQUEST FOR EXPEDITED TREATMENT.
1
Exhibit A
2
Exhibit B
2 Attachments
582
07/19/2016
Clerk's NOTICE of filing PHASE 1 CLASS MEMBERS COMMENTS-MAILED TO COURT
1
Comments mailed to Court Part 1
2
Comments mailed to Court Part 2
3
Comments mailed to Court Part 3
4
Comments mailed to Court Part 4
5
Comments mailed to Court Part 5
5 Attachments
583
07/22/2016
RESPONSE to Motion re 549 MOTION for Leave to File [Proposed] Fourth Amended Complaint filed by Alabama Department of Corrections.
584
07/25/2016
NOTICE of Correction re 578 Clerk's NOTICE of filing PHASE 1 CLASS MEMBERS COMMENTS-FACILITIES, to enter the corrected pdf of Exhibit 23 - St. Clair Facility to the referenced document into the record.
1
Exhibit 23 - St. Clair Facility
1 Attachment
585
07/26/2016
MOTION to Withdraw as Attorney by Alabama Department of Corrections.
586
07/27/2016
NOTICE by Alabama Department of Corrections Disclosures of Experts
587
07/27/2016
MOTION for Leave to File Unredacted Brief under Seal by All Plaintiffs.
588
07/27/2016
TEXT ORDER granting 587 MOTION for Leave to File Unredacted Brief under Seal. Signed by Honorable Judge Myron H. Thompson on 7/27/2016. (no pdf document attached to this entry)
589
07/27/2016
TEXT ORDER granting 585 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 7/27/2016. (no pdf document attached to this entry)
07/27/2016
*** Attorney John Eric Getty terminated pursuant to the 589 text order. (Text entry; no document attached.)
590
07/27/2016
REPLY to Response to Motion re 570 MOTION to Compel Supplementation (Redacted) filed by All Plaintiffs.
1
Exhibit 1 - Corizon Contract Excerpts
1 Attachment
591
07/27/2016
CORIZON HEALTH, INC.'S NOTICE OF FILING.
1
Peer-Review Files - Part 1
2
Peer-Review Files - Part 2
3
Peer-Review Files - Part 3
4
Peer-Review Files - Part 4
4 Attachments
592
07/27/2016
PLAINTIFFS' REPLY TO DEFENDANTS' 581 RESPONSE TO MOTION TO COMPEL SUPPLEMENTATION OF CERTAIN DOCUMENTS filed by All Plaintiffs.
1
Exhibit 1
1 Attachment
593
07/25/2016
RESPONSE TO PROPOSED CLASS ACTION SETTLEMENT.
594
07/29/2016
PHASE 1 ORDER ON 593 OBJECTION FROM FEDERAL PUBLIC DEFENDER: Upon consideration of the objection to the proposed settlement of Phase 1 of this case filed by the Federal Public Defender on behalf of three of its clients on Alabama's death row (doc. no. 593), it is ORDERED that, on or before August 10, 2016, the parties are to solicit--and relate to the court--the views of the Equal Justice Initiative, which represents a significant number of prisoners on Alabama's death row, regarding the substance of the objection and any proposal put forth by the parties to resolve it. The clerk of the court is DIRECTED to mail a copy of this order, as well as a copy of the objection, to the Equal Justice Initiative at 122 Commerce Street, Montgomery, Alabama, 36104. Signed by Honorable Judge Myron H. Thompson on 7/29/2016.
595
07/29/2016
MOTION for Extension of Time to File Response/Reply by Alabama Disabilities Advocacy Program.
1
Exhibit Ex 1 - ADAP's Reply to Defendants' Objection
1 Attachment
596
08/01/2016
Clerk's NOTICE of filing PHASE 1 CLASS MEMBERS COMMENTS-FACILITIES SECOND COLLECTION
1
Alabama Disabilities Advocacy Program
2
Birmingham WR
3
Bibb
4
Bullock
5
Decatur
6
Donaldson
7
Draper
8
Easterling
9
Elmore
10
Fountain
11
Hamilton
12
JO Davis
13
Kilby
14
Limestone
15
Loxley
16
Montgomery Womens
17
Red Eagle
18
Southern Poverty
19
St. Clair
20
Staton
21
Tutwiler
22
Ventress
22 Attachments
597
08/01/2016
ORDERED that plaintiff Alabama Disabilities Advocacy Programs motion (doc. no. 595) for an extension of the time in which to file its reply brief (doc. no. 595 -1) set out in the courts Phase 2 Associational Standing Briefing Order (doc. no. 554), which none of the defendants opposes, is granted. The clerk of court is DIRECTED to docket the brief. Signed by Honorable Judge Myron H. Thompson on 8/1/2016.
598
08/01/2016
REPLY to Response to Motion re 549 MOTION for Leave to File [Proposed] Fourth Amended Complaint filed by Alabama Disabilities Advocacy Program.
599
08/01/2016
MOTION to Strike 555 Notice (Other), the Expert Reports offered byDr. Craig Haney and Eldon Vail by Alabama Department of Corrections.
600
08/01/2016
NOTICE of Correction re 578 Notice to correct Alex City PDF document to include 4 missing pages regarding Ramson, Lindsey, Humphrey, and Halley
1
attachment Alex City to Docket entry
578
None
2 Attachments
601
08/01/2016
MOTION to Withdraw as Attorney by Alabama Department of Corrections.
08/02/2016
Set Hearings: Telephone Conference set for 8/2/2016 09:30 AM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
602
08/02/2016
PHASE 2 DISCOVERY OPINION AND ORDER: it is ORDERED as follows: (1) Plaintiffs motion to compel (doc. no. 570) is granted as further set out below. (2) By no later than August 3, 2016, defendants or non-party Corizon Health, Inc., are to produce all practitioner peer-review documents in their possession or control related to physicians, dentists, and mid-level providers, whether or not contained within a credentialing file, subject to the exceptions outlined in the parties' joint report (doc. no. 336 at 3), contingent on payment by plaintiffs' counsel of the attorneys' fees and costs of litigating the portion of this motion pertaining to the inclusion of dentists. Defendants are allowed until August 17, 2016, to file a request for reimbursement pursuant to this paragraph. (3) By no later than August 3, 2016, the parties and non-party Corizon are to confer and arrange a date and time prior to August 12, 2016, on which defendants or Corizon are to make available for review by plaintiffs' counsel and their experts the mortality reviews for the three formerly named plaintiffs who are now deceased, contingent on payment by plaintiffs' counsel of the attorneys' fees and costs of litigating the portion of this motion pertaining to mortality reviews. Defendants are allowed until August 17, 2016, to file a request for reimbursement pursuant to this paragraph. Signed by Honorable Judge Myron H. Thompson on 8/2/2016.
603
08/02/2016
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 8/2/2016 (PDF available for court use only). (Court Reporter Patricia Starkie.)
604
08/02/2016
TEXT ORDER granting 601 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 8/2/2016. (no pdf document attached to this entry)
08/02/2016
*** Attorney Susan Nettles Han terminated pursuant to the 604 text order. (Text entry; no document attached.)
605
08/02/2016
ORDER: Upon consideration of defendant Alabama Department of Corrections' motion to strike the expert reports offered by Dr. Craig Haney and Eldon Vail (doc. no. 599), it is ORDERED that plaintiffs are to respond by no later than August 9, 2016, and that defendants may reply by no later than August 12, 2016. Signed by Honorable Judge Myron H. Thompson on 8/2/2016.
606
08/03/2016
Clerk's NOTICE of filing PHASE 1 CLASS MEMBERS COMMENTS-MAILED TO COURT SECOND COLLECTION
1
Comments mailed to Court - Part 1
2
Comments mailed to Court - Part 2
2 Attachments
607
08/03/2016
PHASE 1 FAIRNESS HEARING COMMENTER SELECTION ORDER: Further to the court's Phase 1 Preliminary Settlement Approval Order (doc. no. 532), it is ORDERED that, by no later than August 17, 2016, the parties are jointly to submit a list of those prisoners, from among those who have submitted comments on the Phase 1 settlement agreement, whom the parties believe should testify by videoconference in connection with the fairness hearing. This list may be submitted in tandem with the parties' pre-hearing brief, and should divide the prisoners into categories based on the substantive focus(es) of their written comments. The parties should indicate why they believe these prisoners should testify. The parties should focus in selecting them primarily, though not exclusively, on prisoners who have identified perceived inadequacies in the terms of the settlement agreement or concerns germane to the Phase 1 claims they contend have not been addressed adequately or will not be remedied successfully by the agreement, as opposed to prisoners who have objected merely to the current existence of conditions the agreement is expressly designed to remedy. Signed by Honorable Judge Myron H. Thompson on 8/3/2016.
608
08/04/2016
(VACATED PURSUANT TO THE COURT'S 713 ORDER)PHASE 2 EXPERT OBJECTIONS ORDER: Upon consideration of defendants' objections to the expert reports offered by plaintiffs (doc. no. 569), it is ORDERED that these objections are set for submission on September 19, 2016. By no later than September 12, 2016, defendants are to file a new brief updating the court as to any of the previously raised objections which remain, and identifying with specificity any and all portions of the expert reports to which they maintain an objection. Plaintiffs are to respond by no later than September 16, 2016, and defendants are to reply by no later than September 19, 2016. The briefing schedule (doc. no. 605) set regarding the motion to strike expert reports (doc. no. 599) remains in effect with respect to that motion. Signed by Honorable Judge Myron H. Thompson on 8/4/2016. Modified on 8/30/2016.
609
08/04/2016
NOTICE of Appearance by Jenelle Rae Evans on behalf of Alabama Department of Corrections
610
08/05/2016
PHASE 2 OPINION AND ORDER ON MOTION TO AMEND COMPLAINT: it is ORDERED as follows: (1) The motion for leave to amend plaintiffs' complaint (doc. no. 549) filed by plaintiff Alabama Disabilities Advocacy Program (ADAP) is granted. (2) If defendants conclude that additional discovery--limited to the question whether ADAP is entitled to assert associational standing--is necessary, they are to file a request that discovery be reopened, specifying what discovery they seek, within five days of the date this order is issued. Signed by Honorable Judge Myron H. Thompson on 8/5/2016.
611
08/05/2016
AMENDED COMPLAINT against All Defendants, filed by Alabama Disabilities Advocacy Program.
612
08/05/2016
CLERK'S NOTICE of FILING PHASE 1 CLASS MEMBERS COMMENTS-FACILITIES MAILED TO COURT FROM Alabama Disabilities Advocacy Program (ADAP)
1
Comments mailed to Court from ADAP
1 Attachment
613
08/05/2016
CLERK'S NOTICE of FILING PHASE 1 CLASS MEMBERS COMMENTS-MAILED TO COURT THIRD COLLECTION
1
Comments mailed to Court
1 Attachment
614
08/09/2016
MOTION for Leave to File Exhibits Under Seal by All Plaintiffs.
615
08/09/2016
TEXT ORDER granting 614 Motion for Leave to File Exhibits under seal. Signed by Honorable Judge Myron H. Thompson on 8/9/16. (NO PDF document attached to this notice).
616
08/09/2016
RESPONSE in Opposition re 599 MOTION to Strike 555 Notice (Other), the Expert Reports offered byDr. Craig Haney and Eldon Vail filed by All Plaintiffs.
1
Exhibit 1 - Excerpt of Deposition of Teresa Houser, April 2016
2
Exhibit 2 - Excerpt of Deposition of Teresa Houser, November 2015
3
Exhibit 3 - Excerpt of Deposition of Ruth Naglich
4
Exhibit 4 - Excerpt of Deposition of Robert Hunter
5
Exhibit 5 - Excerpt of Deposition of Joshua Dunn
6
Exhibit 6 - Excerpt of Deposition of Laura Ferrell
7
Exhibit 7 - Excerpt of Deposition of Lesleigh Dodd
8
Exhibit 8 - Excerpt of Deposition of Michelle Ellington
9
Exhibit 9 - ADOC April 2016 report
10
Exhibit 10 - ADOC July 2015 report
11
Exhibit 11 - NCCHC Position Statement on Isolation
12
Exhibit 12 - filed under seal
13
Exhibit 13 - filed under seal
14
Exhibit 14 - filed under seal
15
Exhibit 15 - filed under seal
16
Exhibit 16 - filed under seal
17
Exhibit 17 - filed under seal) (Attachment 12, 13, 14, 15, 16 and 17 replaced on 8/10/2016 to attach SEALED EXHIBITS to entry) (qc/djy,
17 Attachments
617
08/09/2016
MOTION for Extension of Deadline Views of the Equal Justice Initiative to the Objection from the Federal Defender re 594 Order, by Alabama Disabilities Advocacy Program.
618
08/09/2016
NOTICE of filing SEALED Exhibits by All Plaintiffs re 616 Response in Opposition to Motion