Prison Legal News v. Columbia County et al
| Prison Legal News |
| Columbia County, Columbia County Sheriff's Office and Sheriff Jeff Dickerson |
| Partnership for Safety and Justice |
| 3:2012cv00071 |
| January 13, 2012 |
| US District Court for the District of Oregon |
| Portland Office |
| Michael H Simon |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 1, 2014. A more recent docket listing may be available from PACER.
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| Filing 282 MANDATE of USCA for the 9th Circuit, USCA # 13-35786 and 14-35291, re Notice of Appeal #278 , Notice of Appeal #273 , Notice of Appeal #280 . Defendants-Appellants unopposed motion to dismiss these appeals with prejudice is granted. Fed. R. App. P. 42(b). As requested, each party shall bear its own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. (dsg) |
| Filing 281 Satisfaction re Judgment, #279 by All Defendants. Filed by All Defendants. (Schroer, Janet) |
| Filing 280 Amended Notice of Appeal to the 9th Circuit from Judgment, #279 Filing fee $505 collected; Receipt No. 0979-3635935: . Filed by All Defendants. (Schroer, Janet) |
Filing 279
Supplemental Judgment - Based on the Court's Opinion and Order on Fees and Expenses dated March 24, 2014 #277 , IT IS ADJUDGED that Plaintiff is awarded $763,803.45 in attorney's fees and $38,373.01 in expenses. Signed on 5/14/2014 by Judge Michael H. Simon. (mja)
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #278 . Case Appealed to US Court of Appeals for the Ninth Circuit Case Number 14-35291 assigned. (schm) |
| Filing 278 Notice of Appeal to the 9th Circuit from Order on Motion for Attorney Fees, #277 Filing fee $505 collected; Agency Tracking ID 0979-3635935: . Filed by All Defendants. (Schroer, Janet) |
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Filing 277
ORDER - Plaintiff's motion for award of attorney's fees and expenses #221 is granted in part. Pursuant to 42 U.S.C. 1988, Plaintiff is awarded $763,803.45 in attorney' s fees and $38,373.01 in expenses. Signed on 3/24/2014 by Judge Michael H. Simon. (mja)
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| Filing 276 Transcript Designation and Order Form Court Reporter: Dennis Apodaca. regarding Notice of Appeal #273 . Filed by Defendants. Transcript is due by 10/28/2013. (Schroer, Janet) Modified on 9/24/2013 to reflect correct name of filer (mja). |
| Filing 275 Notice of change of attorney information Filed by Prison Legal News (Weber, Lance) |
| Filing 274 Notice of Change of Address. Filed by Prison Legal News (Weber, Lance) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #273 . Case Appealed to US Court of Appeals for the Ninth Circuit Case Number 13-35786 assigned. (schm) |
| Filing 273 Amended Notice of Appeal to the 9th Circuit from Order on Motion - Miscellaneous 265 Filing fee $455 collected; Agency Tracking ID 0979-3404293: . Filed by All Defendants. (Furnanz, Kari) |
| Filing 272 Notice re Order on Motion - Miscellaneous 265 NOTICE OF APPEAL Filed by All Defendants (Related document(s): Order on Motion - Miscellaneous 265 .) (Furnanz, Kari) |
| Filing 271 Reply to Motion for Attorney Fees and Costs #221 . Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 270 Declaration of Katherine C. Chamberlain In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Exhibit 1 to Declaration of Katherine C. Chamberlain In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs, #2 Exhibit 2 to Declaration of Katherine C. Chamberlain In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs, #3 Exhibit 3 to Declaration of Katherine C. Chamberlain In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs) (Chamberlain, Katherine) |
| Filing 269 Declaration of Paul Wright In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees #221 .) (Chamberlain, Katherine) |
| Filing 268 Declaration of Lance Weber In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Exhibit 1 to Declaration of Lance Weber In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs) (Chamberlain, Katherine) |
| Filing 267 Declaration of Carrie A. Wilkinson In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees #221 .) (Chamberlain, Katherine) |
| Filing 266 Declaration of Jesse Wing In Support of Plaintiff's Reply In Support of Motion for Award of Fees and Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees #221 .) (Chamberlain, Katherine) |
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Filing 265
ORDER - DENYING Defendants' Fed. R. Civ. P. 52 and 60 Motions #237 . The Court's Findings of Fact and Conclusions of Law #214 remain unchanged. Ordered by Judge Michael H. Simon. (mja)
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Filing 264
ORDER: Granting Plaintiff's Motion for Extension of Time and for Leave to File Excess Pages #260 . Plaintiff Reply is due by 8/8/2013, and may be up to 30 pages in length. Ordered by Judge Michael H. Simon. (mja)
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| Filing 263 Declaration of Jesse Wing In Support of Plaintiff's Unopposed Motion for Extension of Time and for Leave to File Excess Pages. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time, Motion to File Excess Pages #260 .) (Chamberlain, Katherine) |
| Filing 262 Declaration of Katherine C. Chamberlain In Support of Plaintiff's Unopposed Motion for Extension of Time and for Leave to File Excess Pages. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time, Motion to File Excess Pages #260 .) (Chamberlain, Katherine) |
| Filing 261 Memorandum in Support of Plaintiff's Unopposed Motion for Extension of Time and for Leave to File Excess Pages. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time, Motion to File Excess Pages #260 .) (Chamberlain, Katherine) |
| Filing 260 Unopposed Motion for Extension of Time to File Reply Brief, Unopposed Motion to File Excess Pages re Motion for Attorney Fees #221 . Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 259 Reply in Support of to Motion Defendants' F.R.C.P. 52/F.R.C.P. 60 Motions #237 Oral Argument requested. Filed by All Defendants. (Furnanz, Kari) |
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Filing 258
ORDER - Plaintiff's Motion to Strike Defendants' Overlength Memorandum in Opposition to Plaintiff's Motion for Attorney's Fees #252 is DENIED. Ordered by Judge Michael H. Simon. (mja)
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Filing 257
ORDER - Granting Defendants' Motion to File Excess Pages #251 . Ordered by Judge Michael H. Simon. (mja)
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| Filing 256 Affidavit in Opposition to Motion to File Excess Pages re Memorandum in Opposition #244 #251 . Filed by All Plaintiffs. (Wing, Jesse) |
| Filing 255 Memorandum in Opposition to Motion to File Excess Pages re Memorandum in Opposition #244 #251 . Filed by All Plaintiffs. (Wing, Jesse) |
| Filing 254 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion to Strike #252 .) (Wing, Jesse) |
| Filing 253 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion to Strike #252 .) (Wing, Jesse) |
| Filing 252 Motion to Strike Defendants' Overlength Memorandum in Opposition to Plaintiff's Motion for Attorney's Fees and Defendants' Objections to Plaintiff's Requests for Costs. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 251 Motion to File Excess Pages re Memorandum in Opposition #244 . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Furnanz, Kari) |
| Filing 250 Memorandum in Opposition DEFENDANTS OBJECTION TO PLAINTIFFS REQUESTS FOR COSTS to Motion for Attorney Fees and Costs #221 . Filed by All Defendants. (Furnanz, Kari) |
| Filing 249 Declaration of Kathryn Pratt . Filed by All Defendants. (Related document(s): Memorandum in Opposition #244 .) (Attachments: #1 Exhibit 1) (Furnanz, Kari) |
| Filing 248 Declaration of William Blair . Filed by All Defendants. (Related document(s): Memorandum in Opposition #244 .) (Furnanz, Kari) |
| Filing 247 Declaration of Susan Dunaway . Filed by All Defendants. (Related document(s): Memorandum in Opposition #244 .) (Furnanz, Kari) |
| Filing 246 Declaration of Steven A. Kraemer . Filed by All Defendants. (Related document(s): Memorandum in Opposition #244 .) (Attachments: #1 Exhibit 1) (Furnanz, Kari) |
| Filing 245 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Memorandum in Opposition #244 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (Furnanz, Kari) |
| Filing 244 Memorandum in Opposition to Motion for Attorney Fees and Costs #221 . Filed by All Defendants. (Furnanz, Kari) |
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Filing 243
ORDER - Granting Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Attorney Fees and costs #241 Response is due by 7/11/2013. Ordered by Judge Michael H. Simon. (mja)
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| Filing 242 Declaration of Kari A. Furnanz In Support Of. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #241 .) (Furnanz, Kari) |
| Filing 241 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Attorney Fees and Costs #221 . Filed by All Defendants. (Furnanz, Kari) |
| Filing 240 Response in Opposition to Motion Defendants' F.R.C.P. 52/F.R.C.P. 60 Motions #237 . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 239 Declaration of Kari A. Furnanz in Support of Defendants' F.R.C.P. 52/F.R.C.P. 60 Motions. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #237 .) (Attachments: #1 Exhibit A-Defendants' Offer of Judgment) (Furnanz, Kari) |
| Filing 238 Memorandum in Support of Defendants' F.R.C.P. 52/F.R.C.P. 60 Motions. Filed by All Defendants. (Related document(s): Motion - Miscellaneous #237 .) (Furnanz, Kari) |
| Filing 237 Motion Defendants' F.R.C.P. 52/F.R.C.P. 60 Motions. Oral Argument requested. Filed by All Defendants. (Furnanz, Kari) |
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Filing 236
ORDER - Granting Defendants' Unopposed Motion for Extension of Time to File a Response to Plaintiff's Motion for Attorney Fees and Costs #221 . Response is due by 7/9/2013. Ordered by Judge Michael H. Simon. (mja)
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| Filing 235 Declaration of Kari A. Furnanz in Support of Defendants' Unopposed Motion For Extension of Time to File Response to Plaintiff's Motion for Award of Attorneys Fees and Costs. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #234 .) (Furnanz, Kari) |
| Filing 234 Motion for Extension of Time to File a Response/Reply Defendants' Unopposed Motion to Extend Deadline to File Response to Plaintiff's Motion for Award of Attorneys Fees and Costs to Motion for Attorney Fees and Costs #221 . Filed by All Defendants. (Furnanz, Kari) |
| Filing 233 Declaration of Eric Wilson . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 232 Declaration of Dana Sullivan . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 231 Declaration of Daniel Skerritt . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Appendix A, #2 Appendix B) (Wing, Jesse) |
| Filing 230 Declaration of Robert Meyer . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 229 Declaration of David Markowitz . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Wing, Jesse) |
| Filing 228 Declaration of Gregory Lynch . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 227 Declaration of Charles Hinkle . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 226 Declaration of Carol Bernick . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 225 Declaration of Marc Blackman . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Wing, Jesse) |
| Filing 224 Declaration of Lance Weber . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Wing, Jesse) |
| Filing 223 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Attachments: #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) (Wing, Jesse) |
| Filing 222 Plaintiff's Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Attorney Fees #221 .) (Wing, Jesse) |
| Filing 221 Motion for Attorney Fees and Costs. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 220 Final Judgment. Signed on 5/28/2013 by Judge Michael H. Simon. (mja) |
| Filing 219 Proposed Form of Order Submitted Praecipe to Submit Replacement (Proposed) Final Judgment. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 218 Memorandum in Opposition Defendants' Objections to Plaintiff's Proposed Form of Judgment. Filed by All Defendants. (Furnanz, Kari) |
| Filing 217 Proposed Form of Order Submitted . Filed by All Defendants. (Furnanz, Kari) |
| Filing 216 Memorandum in Support of Proposed Final Judgment and Notice that Damages are Resolved. Filed by Prison Legal News. (Related document(s): Proposed Form of Order or Judgment #215 .) (Wing, Jesse) |
| Filing 215 Proposed Form of Order Submitted re Final Judgment. Filed by Prison Legal News. (Wing, Jesse) |
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Filing 214
Findings of Fact and Conclusions of Law. Order - The Court will issue a separate Order that PERMANENTLY ENJOINS Defendants from restricting all incoming and outgoing inmate personal mail to postcards only. The Order will provide that Defendants shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. In the Order, the Court will also DECLARE that inmates have a First Amendment right to receive magazines and that it would be unconstitutional for Defendants to refuse to deliver magazines to inmates solely because they are magazines. The Court will also DECLARE that inmates and their unincarcerated correspondents have a Fourteenth Amendment right to procedural due process when Defendants reject their mail and that, at a minimum: (1) an inmate must be notified when Defendants reject correspondence written by or addressed to the inmate; (2) senders of rejected correspondence must be given a reasonable opportunity to appeal the rejection; and (3) appeals must be referred to a prison official other than the person who originally rejected the correspondence. Within 28 days from the date of these Findings of Fact and Conclusions of Law, the parties shall inform the Court whether there is any need for the Court to proceed further with regard to Plaintiff's claim for money damages. If there is no such need, the parties shall submit to the Court by that deadline, either jointly or separately, a proposed form of Final Judgment that contains proposed permanent injunctive and declaratory relief consistent with these Findings and Conclusions. Signed on 4/24/2013 by Judge Michael H. Simon. (mja)
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| Filing 213 MINUTES of Proceedings: Order - Matter taken under advisement this 20th Day of March, 2013. Marc D. Blackman and Jesse A. Wing present as counsel for plaintiff(s). Kari Furnanz and Steven A. Kraemer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 212
Scheduling Order by Judge Michael H. Simon. Order - On the Court's own motion, the Oral Argument Hearing set for 3/21/2013 is RESET to 3/20/2013 at 02:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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| Filing 211 Trial Memorandum Plaintiff's Response to Defendants' Post-Trial Memorandum re Injunctive Relief. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 210 Trial Memorandum Defendants Response to Plaintiffs Post-Trial Memorandum on Injunctive Relief. Filed by All Defendants. (Kraemer, Steven) |
| Filing 209 Trial Brief Defendants' Post Trial Brief. Filed by All Defendants. (Kraemer, Steven) |
| Filing 208 Trial Memorandum Plaintiff's Post-Trial Memorandum on Injunctive Relief. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 207 Clerks List of Exhibits & Witnesses. (mja) |
| Filing 206 MINUTES of Court Trial - Day - 4: Witnesses sworn and evidence adduced. Plaintiff and Defendant rest. See Clerk's list of exhibits and witnesses. The parties' supplemental briefing is due by 2/22/2013. Rebuttal briefing due by 3/5/2013. Setting Oral Argument for 3/21/2013 at 2:30PM in Portland, Courtroom 13B. before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain and Jesse A. Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 205 MINUTES of Jury Trial - Day - 3: Witnesses sworn and evidence adduced. Court is in recess until 2/8/2013 at 10:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain and Jesse A. Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 203 Stipulation by Prison Legal News. Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 202 Supplemental Exhibit List (Plaintiff's). Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 204 MINUTES of Court Trial - Day - 2: Witnesses sworn and evidence adduced. Court is in recess until 2/7/2013 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain and Jesse A. Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 201 Supplemental Designation of Deposition Testimony . Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 200 Supplemental Exhibit List . Filed by All Defendants. (Kraemer, Steven) |
| Filing 199 MINUTES of Court Trial - Day - 1: Opening statements given. Witnesses sworn and evidence adduced. Court is in recess until 2/6/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherin C. Chamberlain, and Jesse A. Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 198 MINUTES of Pretrial Conference: Order - On its own motion, the Court has bifurcated this case and will hold two separate trials pursuant to Fed. R. Civ. P. 42(b). The first trial will commence on February 5, 2013, and will be a bench trial to address and resolve the following issues identified in Plaintiff's trial brief [Dkt. 129] at page 2: (1) whether Defendants' policies and practices violated the First Amendment and under what standard; (2) whether Defendants' policies and practices violated the Fourteenth Amendment; (3) the specific acts of censorship and lack of notice and opportunity to be heard committed by Defendants that constituted violations of the Constitution; (4) declaratory relief, if any; and (5) injunctive relief, if any. The second trial, to be scheduled at a later time and to be heard before a jury, will address all remaining issues of damages, if any. Plaintiff's Corrected Petition for Writ of Habeas Corpus ad Testificandum re Witness Bradley Berg #189 is GRANTED. All other pending motions [Dkts. 130, 140, 145, 162, and 192] are DENIED for the reasons stated on the record with leave to renew.Pretrial Conference. Marc D. Blackman, Katherine C. Chamberlain and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer, Gregory R. Roberson and Kari Furnanz present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 197
Order Issuing Writ of Habeas Corpus ad Testificandum re: Witness Bradley Berg. Signed on 1/30/13 by Judge Michael H. Simon. (mja)
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| Filing 196 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion in Limine #130 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Wing, Jesse) |
| Filing 195 Supplement Plaintiff's Supplemental Evidence to Its MIL Opposing Defs' Trial Exhibit 264. Filed by Prison Legal News. (Related document(s): Motion in Limine #130 .) (Wing, Jesse) |
| Filing 194 Declaration of Jesse Wing in Support of Corrected Petition for a Writ of Habeas Corpus Ad Testificandum re James Bennett. Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #192 .) (Wing, Jesse) |
| Filing 193 Memorandum in Support of Corrected Petition for a Writ of Habeas Corpus Ad Testificandum re James Bennett. Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #192 .) (Wing, Jesse) |
| Filing 192 Motion for Writ of Habeas Corpus ad testificandumre Witness James Bennett. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 191 Declaration of Jesse Wing in Support of Corrected Petition for a Writ of Habeas Corpus Ad Testificandum re Bradley Berg. Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #189 .) (Wing, Jesse) |
| Filing 190 Memorandum in Support of Corrected Petition for a Writ of Habeas Corpus Ad Testificandum re Bradley Berg. Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #189 .) (Wing, Jesse) |
| Filing 189 Motion for Writ of Habeas Corpus ad testificandumre Witness Bradley Berg. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 188 Statement of Joint Neutral Statement of Case . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 187 Joint Status Report . Filed by All Defendants. (Roberson, Gregory) |
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Filing 186
Order - ORDER At the pretrial conference scheduled for January 30, 2013, counsel should be prepared to discuss the legal bases for the recovery of: (1) "diversion of resources" damages, including, among other things, whether litigation expenses are recoverable as "diversion of resources" damages (see La Asociacion de Trabajadores de Lake Forest v. City of Lake Forest, 624 F.3d 1083 (9th Cir. 2010); Spann v. Colonial Vill., Inc., 899 F.2d 24 (D.C. Cir. 1990); and Ass'n of Cmty. Organizations for Reform Now v. Fowler, 178 F.3d 350 (5th Cir. 1999)); (2) "frustration of mission" damages, including under what circumstances, if any, prospective "frustration of mission" damages are available in cases brought under Section 1983 (see Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982)); and (3) "presumed" damages, including under what circumstances, if any, such damages are recoverable for specific, non-abstract harms that are unquantifiable (see Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299 (1986); Trevino v. Gates, 99 F.3d 911, 922 (9th Cir. 1996); and City of Watseka v. Illinois Pub. Action Council, 796 F.2d 1547, 1565 (7th Cir. 1986)). Ordered by Judge Michael H. Simon. (mja)
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Filing 185
ORDER - Granting Defendants' Motion for Extension of Time #181 .Joint Status Report, Joint Neutral Statement and Joint Fact Stipulations are due by 1/24/2013. Ordered by Judge Michael H. Simon. (mja)
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| Filing 184 Proposed Jury Instructions (Plaintiff's Objections to Defendants' Proposed Jury Instructions and Verdict Form). Filed by Prison Legal News. (Wing, Jesse) |
| Filing 183 Proposed Findings of Fact (Plaintiff's Objections to Defendants' Alternative Findings of Fact & Conclusions of Law). Filed by Prison Legal News. (Wing, Jesse) |
| Filing 182 Declaration of Gregory R. Roberson in Support of Defendants' Opposed Motion to Extend Deadline to File Joint Status Report, Joint Neutral Statement of Case and Joint Fact Stipulations. Filed by All Defendants. (Related document(s): Motion for Extension of Time #181 .) (Roberson, Gregory) |
| Filing 181 Motion for Extension of Time to File Joint Status Report, Joint Neutral Statement and Joint Fact Stipulations. Filed by All Defendants. (Roberson, Gregory) |
| Filing 180 Declaration of Gregory R. Roberson in Support of Defendants' Response to Plaintiff's Objections to Defendants' Proposed Trial Exhibits. Filed by All Defendants. (Related document(s): Response #179 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Roberson, Gregory) |
| Filing 179 Response to Plaintiff's Objections to Defendants' Proposed Trial Exhibits. Filed by All Defendants. (Related document(s): Objection to Trial Exhibit #172 .) (Roberson, Gregory) |
| Filing 178 Response to Plaintiff's Objections to Defendants' Expert and Lay Witnesses and Witness Statements. Filed by All Defendants. (Related document(s): Witness statement #171 .) (Roberson, Gregory) |
| Filing 177 Response to Plaintiff's Objections to Defendants' Substantive Deposition Testimony Designations and Cross Designations. Filed by All Defendants. (Related document(s): Deposition Testimony Designation, #168 .) (Roberson, Gregory) |
| Filing 176 Declaration of Gregory R. Roberson in Support of Defendants' Response to Plaintiff's Petition for Writs of Habeas Corpus Ad Testificandum for Witnesses Berg and Bennett. Filed by All Defendants. (Related document(s): Response #175 .) (Roberson, Gregory) |
| Filing 175 Response . Filed by All Defendants. (Related document(s): Writ of Habeas Corpus ad testificandum #140 , Writ of Habeas Corpus ad testificandum #145 .) (Roberson, Gregory) |
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Filing 174
Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the Court's schedule, the Court is resetting the Pretrial Conference from 1/28/2013 to 1/30/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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| Filing 173 Declaration of Jesse Wing In Support of Plf's Objections to Ds' Trial Exhibits and Plf's Response to Ds' Objections to Plaintiff's Trial Exhibits. Filed by All Plaintiffs. (Related document(s): Exhibit List #169 , Objection to Trial Exhibit #172 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Chamberlain, Katherine) |
| Filing 172 Objection to Trial Exhibit , Plf's Objections to Defendants' Trial Exhibits. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 171 Witness Statement , Plf's Objections to Defendants' Expert and Lay Witnesses and Witness Statements. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 170 Witness Statement , Plf's Response to Defendants' Objections to Plaintiff's Witness Statements. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 169 Exhibit List , Plf's Response to Defendants' Objections to Plaintiff's Trial Exhibits. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 168 Cross Designation of Deposition Testimony and Plf's Objections to Defendants' Designation of Deposition Testimony. Filed by All Plaintiffs. (Attachments: #1 Attachment Part 1, #2 Attachment Part 2, #3 Attachment Part 3) (Chamberlain, Katherine) |
| Filing 167 Designation of Deposition Testimony (Plaintiff's Response to Defendant's Objections to Plaintiff's Deposition Designations). Filed by Prison Legal News. (Wing, Jesse) |
| Filing 166 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion in Limine #162 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wing, Jesse) |
| Filing 165 Response of Plaintiff to Motion in limine #162 Oral Argument requested. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 164 Response and Objections to Motion in limine #130 . Filed by All Defendants. (Kraemer, Steven) |
| Filing 163 Declaration of Gregory R. Roberson In Support of Defendants' Motions in Limine and Defendants' Responses and Objections to Plaintiff's Motions in Limine. Filed by All Defendants. (Related document(s): Motion in Limine #162 .) (Attachments: #1 Exhibit A-H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K-N) (Kraemer, Steven) |
| Filing 162 Motion in limine . Filed by All Defendants. (Kraemer, Steven) |
| Filing 161 Exhibit List . Filed by All Defendants. (Kraemer, Steven) |
| Filing 160 Trial Brief . Filed by All Defendants. (Kraemer, Steven) |
| Filing 159 Objection(s) to Plaintiff's Proposed Special Verdict Form. Filed by All Defendants. (Related document(s): Jury Verdict Form - Proposed #136 .) (Kraemer, Steven) |
| Filing 158 Objection(s) to Plaintiff's Proposed Jury Instructions. Filed by All Defendants. (Related document(s): Jury instructions - Proposed #135 .) (Kraemer, Steven) |
| Filing 157 Objection(s) to Plaintiff's Substantive Evidence Deposition Designations. Filed by All Defendants. (Related document(s): Deposition Testimony Designation #137 .) (Kraemer, Steven) |
| Filing 156 Objection(s) to Plaintiff's Lay Witness List and Witness Statements. Filed by All Defendants. (Related document(s): Witness List, Witness statement #139 .) (Kraemer, Steven) |
| Filing 155 Objection to Trial Exhibit . Filed by All Defendants. (Kraemer, Steven) |
| Filing 154 Objection(s) to Plaintiff's Suggested Findings of Fact and Conclusions of Law. Filed by All Defendants. (Related document(s): Findings of Fact #138 .) (Kraemer, Steven) |
| Filing 153 Proposed Jury Instructions . Filed by All Defendants. (Kraemer, Steven) |
| Filing 152 Proposed Voir Dire . Filed by All Defendants. (Kraemer, Steven) |
| Filing 151 Designation of Deposition Testimony . Filed by All Defendants. (Kraemer, Steven) |
| Filing 150 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #145 .) (Wing, Jesse) |
| Filing 149 Proposed Jury Verdict Form. Filed by All Defendants. (Kraemer, Steven) |
| Filing 148 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #145 .) (Wing, Jesse) |
| Filing 147 Proposed Jury Verdict Form. Filed by All Defendants. (Kraemer, Steven) |
| Filing 146 Expert Statement . Filed by All Defendants. (Kraemer, Steven) |
| Filing 145 Motion for Writ of Habeas Corpus ad testificandum. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 144 Alternative Proposed Findings of Fact and Conclusions of Law. Filed by All Defendants. (Kraemer, Steven) |
| Filing 143 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #140 .) (Wing, Jesse) |
| Filing 142 Witness List . Filed by All Defendants. (Kraemer, Steven) |
| Filing 141 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Writ of Habeas Corpus ad testificandum #140 .) (Wing, Jesse) |
| Filing 140 Motion for Writ of Habeas Corpus ad testificandum. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 139 Witness List , Witness Statement . Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 138 Proposed Findings of Fact and Conclusions of Law. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 137 Designation of Deposition Testimony . Filed by Prison Legal News. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Chamberlain, Katherine) |
| Filing 136 Proposed Jury Verdict Form. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 135 Proposed Jury Instructions . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 134 Statement of Special Damages . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 133 Voir Dire . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 132 Declaration of Jesse Wing in Support of Plaintiff's Motions in Limine. Filed by Prison Legal News. (Related document(s): Motion in Limine #130 .) (Attachments: #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) (Wing, Jesse) |
| Filing 131 Memorandum in Support Plaintiff's Motions in Limine. Filed by Prison Legal News. (Related document(s): Motion in Limine #130 .) (Wing, Jesse) |
| Filing 130 Motion in limine . Oral Argument requested. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 129 Trial Brief . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 128 Exhibit List . Filed by Prison Legal News. (Wing, Jesse) |
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Filing 127
Order Granting Application for Special Admission Pro Hac Vice of Alissa R. Hull for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 0979-3099430 issued. Signed on 11/27/2012 by Judge Michael H. Simon. (ecp)
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| Filing 126 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on November 16, 2012 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/6/2012. Redaction Request due 12/20/2012. Redacted Transcript Deadline set for 12/31/2012. Release of Transcript Restriction set for 2/28/2013. (Apodaca, Dennis) |
| Filing 125 MINUTES of Motion Hearing: Order - Plaintiff's Motions for Partial Summary Judgment #85 & #86 are DENIED for the reasons stated on the record. Plaintiff's motion to Strike defendants' evidence is GRANTED in PART and DENIED in PART for the reasons stated on the record. Katherine C. Chamberlain, Jesse A. Wing and Alissa Hull present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. Modified on 11/16/2012 (mja). |
| Filing 124 Motion for Leave to Appear Pro Hac Vice for Attorney Alissa Hull . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3099430. Filed by Prison Legal News. (Weber, Lance) |
| Filing 123 Declaration of Jim Carpenter . Filed by All Defendants. (Related document(s): Sur-Reply to Motion #121 .) (Attachments: #1 Exhibit A) (Roberson, Gregory) |
| Filing 122 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Sur-Reply to Motion #121 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Roberson, Gregory) |
| Filing 121 Sur-Reply Memorandum in Opposition to Plaintiff's Motions to Strike Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) |
| Filing 120 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 .) (Wing, Jesse) |
| Filing 119 Reply to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief #85 . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 118 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #86 .) (Wing, Jesse) |
| Filing 117 Reply to Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense #86 . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 116 Declaration of Jeffrey M. Dickerson . Filed by All Defendants. (Related document(s): Response to Motion #114 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Roberson, Gregory) |
| Filing 115 Declaration of Gregory R. Roberson . (Related document(s): Response to Motion #114 ) Filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Roberson, Gregory) Modified on 10/16/2012 to add related document information(ecp). |
| Filing 114 Response to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief #85 Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) |
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Filing 113
ORDER - Granting Defendants' Motion to File Excess Pages #111 up to and including 43 pages. Ordered by Judge Michael H. Simon. (mja)
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| Filing 112 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to File Excess Pages #111 .) (Roberson, Gregory) |
| Filing 111 Unopposed Motion to File Excess Pages . Filed by All Defendants. (Roberson, Gregory) |
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Filing 110
ORDER - Granting Plaintiff's Motion for Extension of Time to File Reply in Support of Motion for Partial Summary Judgment re Declaratory and Injunctive Relief #108 . Reply due by 11/2/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 109 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 , Motion for Extension of Time #108 .) (Wing, Jesse) |
| Filing 108 Motion for Extension of Time to File Reply in Support of Motion for Partial Summary Judgment re Declaratory and Injunctive Relief. Filed by Prison Legal News. (Wing, Jesse) |
| Filing 107 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Response to Motion #106 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Roberson, Gregory) |
| Filing 106 Response to Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense #86 Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) |
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Filing 105
ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Partial Summary Judgment #103 Response is due by 10/16/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 104 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #103 .) (Roberson, Gregory) |
| Filing 103 Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief #85 . Filed by All Defendants. (Roberson, Gregory) |
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Filing 102
Order - Setting Oral Argument on the pending Motions for Summary Judgment #85 & #86 for 11/16/2012 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) Modified on 9/28/2012 to correct the date for the hearing to November (mja).
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| Filing 101 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #86 .) (Chamberlain, Katherine) |
| Filing 100 Exhibits VI - X re Declaration, #99 . Filed by Prison Legal News. (Attachments: #1 Exhibit VII, #2 Exhibit VIII, #3 Exhibit IX, #4 Exhibit X) (Chamberlain, Katherine) |
| Filing 99 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 , Motion for Summary Judgment #86 .) (Attachments: #1 Exhibit I, #2 Exhibit II, #3 Exhibit III, #4 Exhibit IV, #5 Exhibit V) (Chamberlain, Katherine) |
| Filing 98 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 .) (Chamberlain, Katherine) |
| Filing 97 Second Declaration of Bradley Berg . Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Chamberlain, Katherine) |
| Filing 96 Exhibits 76 (parts 1 and 2) re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 76 (part 2)) (Chamberlain, Katherine) |
| Filing 95 Exhibits 75 re Declaration, #87 . Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 94 Exhibits 74 re Declaration, #87 . Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 93 Exhibits 70-73 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 71, #2 Exhibit 72, #3 Exhibit 73) (Chamberlain, Katherine) |
| Filing 92 Exhibits 63 - 69 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 64, #2 Exhibit 65, #3 Exhibit 66, #4 Exhibit 67, #5 Exhibit 68, #6 Exhibit 69) (Chamberlain, Katherine) |
| Filing 91 Exhibits 51-62 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 52, #2 Exhibit 53, #3 Exhibit 54, #4 Exhibit 55, #5 Exhibit 56, #6 Exhibit 57, #7 Exhibit 58, #8 Exhibit 59, #9 Exhibit 60, #10 Exhibit 61, #11 Exhibit 62) (Chamberlain, Katherine) |
| Filing 90 Exhibits 36-50 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #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, #11 Exhibit 47, #12 Exhibit 48, #13 Exhibit 49, #14 Exhibit 50) (Chamberlain, Katherine) |
| Filing 89 Exhibits 21 - 35 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28, #8 Exhibit 29, #9 Exhibit 30, #10 Exhibit 31, #11 Exhibit 32, #12 Exhibit 33, #13 Exhibit 34, #14 Exhibit 35) (Chamberlain, Katherine) |
| Filing 88 Exhibits 11 - 20 re Declaration, #87 . Filed by Prison Legal News. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20) (Chamberlain, Katherine) |
| Filing 87 Declaration of Katherine C. Chamberlain in Support of Plaintiff's Motions for Summary Judgment. Filed by Prison Legal News. (Related document(s): Motion for Summary Judgment #85 , Motion for Summary Judgment #86 .) (Attachments: #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) (Chamberlain, Katherine) |
| Filing 86 Motion for Summary Judgment on Defendants' Failure to Mitigate Affirmative Defense. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 85 Motion for Summary Judgment on Claims for Declaratory and Injunctive Relief. Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) |
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Filing 84
ORDER - Granting the parties' Joint Motion to Extend Discovery Deadline #81 . Discovery is to be completed by 8/31/2012. Plaintiff's Response to Defendants' Interrogatory No. 23 and Request for Production No. 28 are due by 8/31/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 83 Declaration of Katherine C. Chamberlain In Support of Joint Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time #81 .) (Chamberlain, Katherine) |
| Filing 82 Joint Memorandum in Support of Motion to Extend Discovery Deadline. Filed by Prison Legal News. (Related document(s): Motion for Extension of Time #81 .) (Chamberlain, Katherine) |
| Filing 81 Joint Motion for Extension of Time to Complete Discovery. Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 80 Amended Answer to #1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Roberson, Gregory) |
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Filing 79
Trial Management Order. Signed on 7/6/12 by Judge Michael H. Simon. (mja)
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| Filing 78 MINUTES of Telephone Conference: Order - Defendants' Motion to Amend Answer #65 is GRANTED. Plaintiff's Motion to Amend Opinion #70 is DENIED. Setting a Pretrial Conference for 1/28/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Setting a 7-Day Jury Trial for 2/5/2013 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 77 Declaration of Gregory R. Roberson In Support of. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #76 .) (Attachments: #1 Exhibit A) (Roberson, Gregory) |
| Filing 76 Response in Opposition to Motion to Amend/Correct Opinion,, #64 #70 . Filed by All Defendants. (Roberson, Gregory) |
| Filing 75 Declaration of Jesse Wing . Filed by Prison Legal News. (Related document(s): Response in Opposition to Motion #74 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wing, Jesse) |
| Filing 74 Response in Opposition to Motion to Amend/Correct Answer #65 . Filed by Prison Legal News. (Wing, Jesse) |
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Filing 73
OPINION and ORDER - Defendants' Motion to Compel #61 is DENIED. Signed on 6/19/12 by Judge Michael H. Simon. (mja)
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| Filing 72 Declaration of Katherine C. Chamberlain . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct #70 .) (Chamberlain, Katherine) |
| Filing 71 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion to Amend/Correct #70 .) (Chamberlain, Katherine) |
| Filing 70 Motion to Amend/Correct Opinion,, #64 . Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 69 Declaration of Jesse Wing In Support of PLN's Opposition. Filed by Prison Legal News. (Related document(s): Motion to compel #61 .) (Wing, Jesse) |
| Filing 68 Response of PLN to Motion to Compel Production of Documents #61 . Filed by Prison Legal News. (Wing, Jesse) |
| Filing 67 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion to Amend/Correct #65 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Roberson, Gregory) |
| Filing 66 Memorandum in Support . Filed by All Defendants. (Related document(s): Motion to Amend/Correct #65 .) (Roberson, Gregory) |
| Filing 65 Motion to Amend/Correct Answer. Oral Argument requested. Filed by All Defendants. (Roberson, Gregory) |
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Filing 64
Opinion and Order - Plaintiff's motion for a preliminary injunction, Dkt. #7 , is GRANTED IN PART AND DENIED IN PART. Pending final resolution of this litigation, the court ORDERS that not later than 30 days from the date of this Order, Defendants must refrain from restricting all incoming and outgoing inmate personal mail to postcards only and shall not refuse to deliver or process personal inmate mail solely on the grounds that it is not on a postcard. Signed on 5/29/12 by Judge Michael H. Simon. (mja)
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| Filing 63 Declaration of Gregory R. Roberson In Support. Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel #61 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Roberson, Gregory) |
| Filing 62 Memorandum in Support . Filed by Columbia County Sheriff's Office. (Related document(s): Motion to compel #61 .) (Roberson, Gregory) |
| Filing 61 Motion to Compel Production of Documents. Oral Argument requested. Filed by Columbia County Sheriff's Office. (Roberson, Gregory) |
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Filing 60
Order Approving Parameters of Rule 30(b)(6) Depositions and Rule 34 Inspection of Mail Processing, Jail Premises and Documents. Signed on 4/30/12 by Judge Michael H. Simon. (mja)
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| Filing 59 MINUTES of Telephone Conference: Order - Discovery matter discussed as stated on the record. Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 58
Order - At the parties' request, the Court is resetting the Telephone Conference from 4/27/2012 to 4/30/2012 at 11:00AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja)
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| Filing 57 MINUTES of Telephone Conference: Status of case discussed as stated on the record. Order - Setting a further Telephone Status Conference for 4/27/2012 at 11:00AM. The Court will initiate the call to the parties. Marc Blackman and Jesse Wing present as counsel for plaintiff(s). Leslie Edenhofer present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 56
Order - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 4/26/2012 at 03:15PM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja)
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| Filing 55 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on April 4, 2012 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/4/2012. Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012. (Apodaca, Dennis) |
| Filing 54 MINUTES of Oral Argument Hearing: Order - Plaintiff's Motion for Preliminary Injunction #7 is taken under advisement as of 4/4/2012. The deadline for the close of discovery is 8/16/2012. Dispositive Motions are due by 9/13/2012. Setting a Telephone Status Conference for 7/6/2012 at 9:30AM. The Court will initiate the call to the parties. MarC D. Blackman, Katherine C. Chamberlain, and Jesse Wing present as counsel for plaintiff(s). Steven A. Kraemer and Gregory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 53 Declaration of Patricia Mendoza . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 52 MINUTES of Telephone Conference: Discovery discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Lance Weber and Jesse Wing present as counsel for plaintiff(s). Gergory R. Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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Filing 51
Order - At the parties' request, the Court is setting a Telephone Conference for 3/29/2012 at 11:00AM. The Court will initiate the call. Ordered by Judge Michael H. Simon. (mja)
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| Filing 50 Response to Amicus Curiae Brief of the Partnership for Safety and Justice . Filed by All Defendants. (Related document(s): Motion to appear as amicus curiae #41 .) (Kraemer, Steven) Modified text on 3/23/2012 (sss). |
| Filing 49 MINUTES of Telephone Conference: Status of case discussed as stated on the record. Marc D. Blackman, Katherine Chamberlain, Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 48 MINUTES of Telephone Conference: Order - Setting a case schedule as follows: Setting a further Status Conference for 3/15/2012 at 09:30AM. The Court will initiate the call to the parties. Defendants' response to Partnership for Safety and Justice's Amicus Brief #47 is due by 3/22/2012. Setting a Hearing on Plaintiff's Motion for Preliminary Injunction #7 for 4/4/2012 at 09:30AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Marc D. Blackman, Katherine C. Chmaberlain and Jesse Wing present as counsel for plaintiff(s). Steven Kraemer and Gregory Roberson present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
| Filing 47 Amicus Brief . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae #41 .) (Walsh, Lynn) |
| Filing 46 Reply to Motion for Preliminary Injunction #7 Oral Argument requested. Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 45 Declaration of Jesse Wing. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit 1-9) (Wing, Jesse) |
| Filing 44 Second Declaration of Paul Wright. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit 1-13) (Chamberlain, Katherine) |
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Filing 43
ORDER - Granting Partnership for Safety and Justice's Motion to Appear as Amicus Curiae #41 . The Court will discuss a case schedule at the Telephone Rule 16 Conference set for 3/8/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 42 Memorandum in Support . Filed by Partnership for Safety and Justice. (Related document(s): Motion to appear as amicus curiae #41 .) (Walsh, Lynn) |
| Filing 41 Motion to Appear as Amicus Curiae . Filed by Partnership for Safety and Justice. (Walsh, Lynn) |
| Filing 40 Declaration of Oana Popa. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 39 Declaration of John Weisenberger. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 38 Declaration of Nataliya Mikhaylova. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 37 Declaration of Sharon R. Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 36 Declaration of Bradley Berg. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 35 Declaration of Shaughnessy Williams. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 34 Declaration of Lucy Lennox. Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
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Filing 33
Order - Setting a Telephone Rule 16 Conference to discuss the pending motion and a case schedule for 3/8/2012 at 09:30AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja)
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| Filing 32 Declaration of Jeffrey M. Dickerson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response #29 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Kraemer, Steven) |
| Filing 31 Declaration of Gregory R. Roberson In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response #29 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Kraemer, Steven) |
| Filing 30 Declaration of Bryan Cutright In Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Response #29 .) (Kraemer, Steven) |
| Filing 29 Response to Plaintiff's Motion for Preliminary Injunction. Filed by All Defendants. (Related document(s): Motion for Preliminary Injunction #7 .) (Kraemer, Steven) |
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Filing 28
ORDER - Granting Defendants' Motion for Extension of Time to File Response Motion for Preliminary Injunction #26 . Response is due by 2/21/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 27 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #26 .) (Roberson, Gregory) |
| Filing 26 Second Motion for Extension of Time to File a Response/Reply Unopposed to Motion for Preliminary Injunction #7 . Filed by All Defendants. (Roberson, Gregory) |
| Filing 25 Answer to #1 Complaint with Jury Demand . Filed by Columbia County, Columbia County Sheriff's Office, Jeff Dickerson. (Kraemer, Steven) |
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Filing 24
ORDER - Granting Defendants' Motion for Extension of Time to Answer #19 . Answer is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja)
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Filing 23
ORDER - Granting Defendants' Motion for Extension of Time to File Response to Motion for Preliminary Injunction #21 Response is due by 2/17/2012. Ordered by Judge Michael H. Simon. (mja)
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| Filing 22 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #21 .) (Roberson, Gregory) |
| Filing 21 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Preliminary Injunction #7 . Filed by All Defendants. (Roberson, Gregory) |
| Filing 20 Declaration of Gregory R. Roberson . Filed by All Defendants. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #19 .) (Roberson, Gregory) |
| Filing 19 Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Roberson, Gregory) |
| Filing 18 Affidavit of Service of Complaint #1 upon Columbia County Sheriff's Office served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 17 Affidavit of Service of Complaint #1 upon Jeff Dickerson served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 16 Affidavit of Service of Complaint #1 upon Columbia County served on 1/25/2012 Filed by Prison Legal News. (Chamberlain, Katherine) |
| Filing 15 Memorandum in Support . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Chamberlain, Katherine) |
| Filing 14 Declaration of Ezra St. Helen . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit A-D) (Chamberlain, Katherine) |
| Filing 13 Declaration of Martin Kay . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit A-D) (Chamberlain, Katherine) |
| Filing 12 Declaration of Rusty D. Campo . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit A-C) (Chamberlain, Katherine) |
| Filing 11 Declaration of Troy McCarter . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit A-D) (Chamberlain, Katherine) |
| Filing 10 Declaration of Lucy Lennox . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit I-V, #2 Exhibit VI-X, #3 Exhibit XI-XV) (Chamberlain, Katherine) |
| Filing 9 Declaration of Katherine Chamberlain . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit 1-9, #2 Exhibit 10-12, #3 Exhibit 13, #4 Exhibit 14-22) (Chamberlain, Katherine) |
| Filing 8 Declaration of Paul Wright . Filed by Prison Legal News. (Related document(s): Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit A-H, #2 Exhibit I-P, #3 Exhibit Q-X, #4 Exhibit Y-JJ, #5 Exhibit KK-YY, #6 Exhibit ZZ-HHH, #7 Exhibit III-KKK, #8 Exhibit LLL-Part 1, #9 Exhibit LLL-Part 2, #10 Exhibit MMM-RRR) (Chamberlain, Katherine) |
| Filing 7 Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Chamberlain, Katherine) |
| Filing 6 Notice of Appearance of Gregory R. Roberson appearing on behalf of All Defendants Filed by on behalf of All Defendants (Roberson, Gregory) |
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Filing 5
Order Granting Application for Special Admission Pro Hac Vice of Jesse Wing for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45118 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp)
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Filing 4
Order Granting Application for Special Admission Pro Hac Vice of Lance Weber for Prison Legal News. Application Fee in amount of $100 collected. Receipt No. 45117 issued. Signed on 1/27/2012 by Judge Michael H. Simon. (ecp)
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Filing 3
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Michael H. Simon. Discovery is to be completed by 5/17/2012. Joint Alternate Dispute Resolution Report is due by 6/18/2012. Pretrial Order is due by 6/18/2012. Ordered by Judge Michael H. Simon. (tll)
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| Filing 2 Summons Issued as to All Defendants (tll) |
| Filing 1 Complaint. Filing Fee in amount of $350 collected. Receipt No. 44935. Summons issued as to all defendants. Jury Trial Requested: yes.Filed by Prison Legal News against All Defendants. (Attachments: #1 Civil Cover Sheet) (tll) |
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