Graves, et al v. Arpaio, et al
| Fred Graves and Isaac Popoca |
| Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox and Joseph Arpaio |
| Todd Wilcox |
| 2:1977cv00479 |
| July 2, 2009 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Neil V Wake |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
2543
ORDER granting 2531 Motion for Attorney Fees in the amount of $488,893.75. Defendants' objections to $9,380.10 of Plaintiffs' fee claim are sustained. Defendants' objection (Doc. 2534 ) to the Bill of Costs (Doc. 2532 ) i s overruled in its entirety. Plaintiffs may submit by 5/8/20, Supporting Documentation in support of any claim for attorney fees on their Motion incurred after the amounts they previously quantified; Defendants may file objections by 5/20/20; Plaintiffs may file a reply to any objection by 5/28/20. Signed by Senior Judge Neil V Wake on 4/27/20. (DXD)
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Filing
2525
ORDER: The 2299 Revised Fourth Amended Judgment is terminated. The Clerk shall close this case. IT IS FURTHER ORDERED that Plaintiffs' 2521 Motion to Modify the Revised Fourth Amended Judgment Under Federal Rule of Civil Procedure 60(b)(5) and for Further Relief is denied. IT IS FURTHER ORDERED that Plaintiffs' 2522 Motion for Schedule of Presentation of Evidence of Current Conditions are denied as moot. Signed by Senior Judge Neil V Wake on 9/19/19. (GMP)
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Filing
2500
ORDER re the parties' proposed plans for Defendants to demonstrate compliance with the sole remaining requirement of the Revised Fourth Amended Judgment (Docs. 2497 , 2498 ). IT IS ORDERED that Defendants will file their final compliance repor t by 7/19/2019. Plaintiffs will file their response by 8/19/2019. Defendants may file an optional reply by 8/30/2019. IT IS FURTHER ORDERED setting a hearing on 9/4/2019 at 1:30 PM. [See attached order for complete details.] Signed by Senior Judge Neil V. Wake on 5/20/2019. (RMW)
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Filing
2493
ORDER - Plaintiffs' Motion for Leave to File Amended/Corrected Expert Report (Doc. 2490 ) is granted. Defendants have demonstrated compliance with subparagraphs (22) and (23) of Paragraph 5(a) of the Revised Fourth Amended Judgment. Subparagr aph (26) of Paragraph 5(a) of the Revised Fourth Amended Judgment remains in effect. By 3/1/2019, Defendants shall provide Plaintiffs with a proposed plan complying with the foregoing requirements, Plaintiffs may provide Defendants with an alternat ive proposed plan by 3/29/2019. By 4/19/2019, Defendants' counsel shall meet in person and confer with Plaintiffs' counsel regarding the proposed plan or plans. By 5/3/2019, the parties shall file a joint plan or separate plans for complying with the foregoing requirements. A Hearing is set for 5/16/2019, at 10:00 a.m. on the plan. Signed by Senior Judge Neil V Wake on 1/15/19. (DXD)
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Filing
2483
ORDER: Defendants' Motion to Strike Plaintiffs' Reply to the Motion to Enforce and Declarations 2451 is granted. Plaintiffs' Motion to Enforce Fourth Amended Judgment and for Additional Relief 2434 is denied. Plaintiffs' Motio n to Re-Open Discovery and for a Scheduling Order 2435 is denied. IT IS FURTHER ORDERED that: 1. Defendants have demonstrated compliance with subparagraphs (17), (20), (24), (25), (27), (28), and (29) of Paragraph 5(a) of the Revised Fourth Amended Judgment. 2. Defendants have demonstrated compliance with subparagraph (26) of Paragraph 5(a) of the Revised Fourth Amended Judgment except to the extent that further evidence is required concerning instances of disciplinary isolation 3. Defendants& #039; compliance with subparagraphs (22) and (23) of Paragraph 5(a) of the Revised Fourth Amended Judgment is undecided pending completion of supplemental briefing. 4. Adjudication of compliance with Paragraph 5(a) and lifting of that paragraph and p aragraphs 2, 3, and 4 of the Revised Fourth Amended Judgment is withheld until adjudication of compliance with subparagraphs (22), (23), and (26) of Paragraph 5(a). 5. By 9/21/2018, Defendants shall file a proposed plan for demonstrating compliance with subparagraph (26) of Paragraph 5(a) of the Revised Fourth Amended Judgment concerning instances of disciplinary isolation. (See attached Order for additional information.) Signed by Senior Judge Neil V. Wake on 8/22/2018. (RMW)
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Filing
2404
ORDER: Plaintiffs' Motion to Enforce Fourth Amended Judgment and for Additional Relief 2373 is denied. Plaintiffs' Motion for Evidentiary Hearing 2380 is denied. By 3/17/2017, Defendants will meet and confer with Plaintiffs regarding Defendants' plan for collecting and summarizing data to show compliance. Defendants will collect and summarize data for the months of April, May, and June 2017. During April, May, and June 2017, Plaintiffs' counsel and experts may tour the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site. By 7/28/2017, Defendants shall file with the Court a report of their corrective actions, compliance data collection procedures, and compliance data summaries for April, May, and June 2017. Beginning 8/1/2017, Defendants shall make available to Plaintiffs the raw data summarized in Defendants' compliance report. Plaintiffs shall file a response to Defendants' compliance report by 9/1/2017. Defendants' reply in support of their compliance report is due 9/22/2017. See order for details. Signed by Senior Judge Neil V Wake on 3/1/2017.(LMR)
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Filing
2322
ORDER that the Motion of Osborn Maledon, P.A. to Withdraw as Counsel of Record for Plaintiffs (Doc. 2321 ) is denied. See order for complete details. Signed by Judge Neil V. Wake on 7/23/15. (NKS)
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Filing
2298
ORDER that Plaintiffs' Motion for Reconsideration (Doc. 2287 ) is granted in part. FURTHER ORDERED that the Revised Fourth Amended Judgment (Doc. 2299 ) filed concurrently with this Order shall supersede the Fourth Amended Judgment (Doc. 2284 ) and have continuing effect. See order for complete details. Signed by Judge Neil V. Wake on 12/10/14. (NKS)
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Filing
2283
FINDINGS OF FACT AND CONCLUSIONS OF LAW and Order - IT IS ORDERED that Defendants Fulton Brock, Don Stapley, Andrew Kunasek, Max Wilson and Mary Rose Wilcoxs Motion to Terminate Third Amended Judgment on Behalf of Correctional Health Services (Doc. 2142 ) is denied. By December 1, 2014, Defendants will adopt policies and procedures or amend existing policies and procedures. By December 16, 2014, Defendants will file with the Court a copy of each policy adopted or amended to comply with thi s Order and identify the specific policy provisions that demonstrate compliance. By February 27, 2015, Defendants will fully implement each of the policies ordered herein, including hiring additional staff, providing training, and making facility m odifications, as needed. By March 16, 2015, Defendants will file with the Court a summary of actions taken to implement each of the policies. Beginning March 2, 2015, Defendants will collect and summarize data for a period of 180 days that shows the extent to which Defendants are complying with this Order. On September 15, 2015, Defendants will file with the Court a report of the data collected and summarized in compliance with this Order. IT IS FURTHER ORDERED that, for the convenience of the p arties, those provisions of the Third Amended Judgment that remain in effect and the additional prospective relief granted by this Order are restated in the Fourth Amended Judgment entered this day. (See document for full details). Signed by Judge Neil V Wake on 9/30/14. (LAD)
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Filing
2094
THIRD AMENDED JUDGMENT - The Second Amended Judgment (Doc. 1635) is vacated as to future effect, except that the terms of this Third Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Third Amended Judgment and will provide quarterly summaries of those records to Plaintiffs' counsel. Signed by Judge Neil V Wake on 5/24/12. (see judgment for full details)(DMT)
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Filing
1995
ORDER granting 1978 Motion for Attorney Fees and Cost in Connection with Defendant Arpaio's Appeal (Doc. 1978). That the Clerk enter judgment pursuant to Fed. R. Civ. P. 54(d) and LRCiv 54.2 in favor of Plaintiffs against Defendants in the amo unt of $42,441.30 for attorneys' fees and $1,643.36 for non-taxable costs payable to the ACLU National Prison Project and $12,113.85 for attorneys' fees and $1,127.94 for non-taxable costs payable to Osborn Maledon, P.A., plus interest at the federal rate from the date of this Order until paid. Signed by Judge Neil V Wake on 7/15/11.(DMT)
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Filing
1993
ORDER: Upon finding of good cause, the effective date of the automatic stay under 18 U.S.C. § 3626(e)(2) of those provisions of the Second Amended Judgment subject to Defendant Arpaios Motion to Terminate is postponed to 09/06/11, as provided by 18 U.S.C. § 3626(e)(3). FURTHER ORDERED that the 1992 Stipulation Regarding Automatic Stay is denied without prejudice. FURTHER ORDERED that the parties have until 5:00 p.m., 07/18/11, to file a new stipulation if they wish to waive the automatic stay that would otherwise be imposed by 18 U.S.C. § 3626(e)(2) as herein postponed under § 3626(e)(3). See order for complete details. Signed by Judge Neil V Wake on 7/12/11. (NKS)
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Filing
1972
ORDER: 1949 Defendant Arpaio's Motion Regarding Detention Staff Training Relating to Mental Health Issues is denied, 1959 Defendant Maricopa County Board of Supervisors' Motion to Vacate June 14, 2011 Evidentiary Hearing is granted with out prejudice, and 1963 Plaintiffs' Motion for an Order Adopting the Unopposed Recommended Remedies of the Courts Experts is denied. FURTHER ORDERED granting 1953 Plaintiffs' discovery request for counsel and their medical expert to tou r the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site, upon reasonable notice to Defendants. FURTHER ORDERED vacating the evidentiary hearing set for 06/14/11. FURTHER ORDERED setting a status co nference for 9:30 a.m., 06/14/11. By 06/07/11, the parties shall file a joint case management report stating (1) whether there is need for an evidentiary hearing regarding nursing and/or physician staffing and (2) whether there is need for an evidentiary hearing on any other matter at this time. See order for details. Signed by Judge Neil V Wake on 05/16/11. (NKS)
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Filing
1930
ORDER that 1912 Motion to terminate is denied for lack of jurisdiction without prejudice to refiling it after the Court of Appeals' mandate issues and jurisdiction is revested in this Court. Signed by Judge Neil V Wake on 11/16/10.(DMT)
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Filing
1880
ORDER that the parties meet and confer to develop a proposed procedure and schedule. The Parties shall jointly file a report explaining their proposed procedure by 06/11/10. IT IS FURTHER ORDERED setting a hearing on the parties' proposed procedure for achieving Defendants' complete compliance with the Second Amended Judgment June 24, 2010 at 1:30 p.m.. Signed by Judge Neil V Wake on 04/07/10. (NOTE: See attached pdf for complete details) (ESL)
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Filing
1827
ORDER granting 1826 Amended Motion for Attorney Fees. ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $1,239,491,63 for attorneys' fees and $123,221.7 7 for non-taxable costs plus interest at the federal rate from 10/22/08 until paid. FURTHER ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $97,029.55 for attorneys' fees and $4,970.52 for non-taxable costs plus interest at the federal rate from the date of this order until paid. Signed by Judge Neil V Wake on 7/1/2009.(LAD)
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Filing
1799
ORDER granting 1640 Motion for Attorney Fees: ORDERED that Plaintiffs Motion for Attorneys Fees and Non-taxable Costs (doc. #1640) is granted in the amount of $1,239,491.63 and nontaxable costs in the amount of $123,221.77. Additional fee s and expenses accrued since December 5, 2008, may be claimed by May 6, 2009. Defendants may file a response within the time permitted by LRCiv 7.2(c). No reply may be filed unless invited by the Court. The Court will then direct entry of judgment in the total amount awarded, with interest from October 22, 2008. See text of attached order for full details. Signed by Judge Neil V Wake on 4/20/09.(SJF)
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Filing
1635
SECOND AMENDED JUDGMENT - The Amended Judgment 705 is vacated as to future effect, except that the terms of this Second Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Second Amended Judgment and will provide quarterly summaries of those records to Plaintiffs counsel. (AJ 114). (see judgment for full details). Signed by Judge Neil V Wake on 10/22/08. (DMT, )
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