Parsons et al v. Ryan et al
| Victor Antonio Parsons, Shawn Jensen, Stephen Oliver Swartz, Dustin Brislan, Sonia Rodriguez, Christina Verduzco, Jackie Thomas, Jeremy Smith, Robert Carrasco Gamez, Jr., Maryanne Chisholm, Desiree Licci, Joseph Hefner, Joshua Polson, Charlotte Wells and Arizona Center for Disability Law |
| Charles L Ryan and Richard Pratt |
| 2:2012cv00601 |
| March 22, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
4472
ORDER setting a status hearing for December 1, 2023, at 2:00 p.m. No later than November 17, 2023, the parties shall file a joint status report providing the latest staffing figures for medical and custody staff. The parties should also identify issu es they wish to discuss. FURTHER ORDERED within ten days of this Order Defendants shall produce to Plaintiffs and the Court Monitors the information set forth above. Defendants shall then produce updated reports by the first business day of each following month, beginning on October 2, 2023. Defendants are not required to file this information on the docket. See attached document for complete details. Signed by Senior Judge Roslyn O Silver on 8/31/2023. (RMV)
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Filing
4449
ORDER - IT IS ORDERED the parties shall address the questions outlined above in the statements due on August 14, 2023. IT IS FURTHER ORDERED counsel shall appear in-person at the August 17, 2023, hearing. IT IS FURTHER ORDERED the Clerk of Court must mail a copy of this Order to Jeffrey L. Graybill. Signed by Senior Judge Roslyn O Silver on 7/31/2023. (SLQ)
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Filing
4443
ORDER - IT IS ORDERED the Clerk of Court shall disburse $750 to Bart Abplanalp from the amounts previously deposited. IT IS FURTHER ORDERED the Clerk of Court shall open the Notices (Doc. 4440 , 4441 ) as separate civil actions. IT IS FURTHE R ORDERED the Clerk of Court shall docket the letters from Reymundo R. Lazo, Chris Simcox, and Elizabeth Rizzo and open each as a separate civil action. (See document for complete details). Signed by Senior Judge Roslyn O Silver on 7/10/2023. (SLQ)
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Filing
4438
ORDER - IT IS ORDERED the Motion Concerning Techcare Breach (Doc. 4426 ), Motion for Clarification (Doc. 4430 ), Motion for Ancillary Jurisdictional Relief (Doc. 4432 ), Motion for Help (Doc. 4436 ), and Emergency Motion for Protection Order (Doc. 4437 ) are DENIED. IT IS FURTHER ORDERED the Clerk of Court must open separate civil actions as to the documents listed in the motion. (See document for complete details). Signed by Senior Judge Roslyn O Silver on 6/8/2023. (SLQ)
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Filing
4410
ORDER AND PERMANENT INJUNCTION - IT IS ORDERED all parties shall comply with the terms of the permanent injunction that follows. IT IS FURTHER ORDERED the Clerk of Court shall enter judgment in favor of Plaintiffs. (See Order for complete details). Signed by Senior Judge Roslyn O Silver on 4/7/2023. (SLQ)
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Filing
4388
ORDER - IT IS ORDERED the Motion for Extension of Time (Doc. 4386 ) is GRANTED IN PART. The parties and Naphcare shall file their objections no later than March 10, 2023. IT IS FURTHER ORDERED no later than February 10, 2023, Defendants shall file staffing information as set forth above. Signed by Senior Judge Roslyn O Silver on 1/20/2023. (SLQ)
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Filing
4381
ORDER: The Court appoints Scott Frakes as an expert in this matter pursuant to Federal Rule of Civil Procedure 706 at a rate of $225.00 per hour. Signed by Senior Judge Roslyn O Silver on 1/13/2023. (RMV)
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Filing
4380
ORDER - the parties and Naphcare shall file their objections to the attached injunction no later than 2/10/23. The parties and Naphcare shall file their responses to the objections no later than 2/27/23. FURTHER ORDERED the Motions for Leave (Doc. 4371 , 4377 ) are GRANTED. FURTHER ORDERED the Motions filed by class members (Doc. 4375 , 4378 ) are DENIED. See attached Order and Draft Injunction for complete details. Signed by Senior Judge Roslyn O. Silver on 1/9/23. (NKS)
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Filing
4367
ORDER: The parties have agreed on a plan for allowing class members access to a copy of the Court's Findings of Fact and Conclusions of Law (Doc. 4365 ). The parties shall comply with the notice to class members as set forth herein. The Clerk s hall disburse from the amounts previously deposited as follows: Bart Abplanalp, Ph.D.: $15,525.00; John McGrath: $10,237.50; Martin F. Horn: $1,600; Pablo Stewart, M.D.: $2,205; Marc F. Stern, M.D., MPH: $52,136.79. The Clerk shall forward a copy of this Order to the Financial Administration for the Phoenix Division for the District of Arizona. Signed by Senior Judge Roslyn O Silver on 10/14/2022. (CLM)
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Filing
4204
ORDER - IT IS THEREFORE ORDERED sealing the Declaration of Dr. Owen Murray at Doc. 4201 . Defendants must review the Declaration carefully for personal information and file a corrected, redacted version of Dr. Murray's Declaration no later than December 4, 2021. (See document for further details). Signed by Senior Judge Roslyn O Silver on 12/3/2021. (LAD)
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Filing
4178
ORDER re: 4171 Discovery Dispute. IT IS ORDERED Defendants shall produce the documents referenced by Dr. Platt no later than noon on November 17, 2021.IT IS FURTHER ORDERED the remaining dates for the trial are November 16, 17, 18, 19; December 7, 13, 14, and 15. Signed by Senior Judge Roslyn O Silver on 11/16/21. (MJF)
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Filing
4161
ORDER - IT IS THEREFORE ORDERED granting Plaintiffs' Motion for Reconsideration (Doc. 4136 ) consistent with the parties agreement and the Court's decision to allow Plaintiffs to submit the deposition testimony of Dr. Ashley Pelton and D r. John Wilson. IT IS FURTHER ORDERED Plaintiffs' Motion to File Motion in Limine Under Seal (Doc. 4141 ) is denied as moot. This Order shall not be sealed. IT IS FURTHER ORDERED granting Plaintiffs' Motions to Seal (Docs. 4110 , 4117 , 4121 , 4131 , 4139 , 4147 , 4150 ). IT IS FURTHER ORDERED Motion from Non-Party Bradley Kennedy (Doc. 4129 ) is denied. IT IS FURTHER ORDERED the Clerk of Court must update the caption to reflect that Shawn Jensen is the primary Plaintiff and David Shinn is the primary Defendant in this matter. (See document for further details). Signed by Senior Judge Roslyn O Silver on 11/12/2021. (LAD)
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Filing
4112
ORDER re: logistical issues related to trial. IT IS ORDERED no later than 8:30 a.m, November 1, 2021, the parties shall file witness schedules containing the times for direct, cross, and redirect for each of their witnesses. IT IS FURTHER ORDERED if either side objects to trial continuing on November 22, 2021, they should file a statement explaining no later than November 1, 2021. Signed by Senior Judge Roslyn O Silver on 10/29/21. (MJF)
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Filing
4060
ORDER: IT IS ORDERED no later than October 18, 2021, the parties shall file a joint list identifying the in-custody witnesses to be called, the date and time each witness will appear, and the location of each witness. The parties should also p rovide the name and contact information of the individual at each location who will be available to work with court personnel to arrange the videoconferences. IT IS FURTHER ORDERED no later than noon on October 18, 2021, Plaintiffs shall file a repl y in support of their motion to enforce. (Doc. 4048). Before filing, the parties must confer again and discuss the amount of responsive material that has not yet been produced and the precise date such material will be produced. Plaintiffs reply must set forth the date certain identified by Defendants that production of all material will be complete. Signed by Senior Judge Roslyn O Silver on 10/14/21. (MJF)
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Filing
3931
ORDER - IT IS ORDERED no later than August 9, 2021, the parties shall file a report setting forth their proposed limitations on discovery. IT IS FURTHER ORDERED the parties shall comply with the following deadlines: All initial disclosures of antici pated fact witnesses and documents to be used at trial shall be made no later than September 10, 2021. All expert tours shall be completed no later than October 8, 2021. Plaintiffs shall disclose all their experts' reports no later than Saturda y, October 9, 2021. All fact discovery, fact witness depositions, and 30(b)(6) depositions shall be completed no later than October 15, 2021. Defendants shall disclose all their experts' reports no later than October 22, 2021. Final supplemen tation of all discovery shall be completed no later than October 25, 2021. Depositions of Plaintiffs' experts shall be completed no later than October 27, 2021. Depositions of Defendants' experts shall be completed no later than October 28, 2021. Parties shall exchange all exhibits and deliver them to the Court no later than October 28, 2021. Parties shall file their Joint Proposed Pretrial Order no later than October 29, 2021. Parties shall each file an opening brief, of no more than ten pages, outlining their positions and what they expect to prove at trial no later than October 29, 2021. Trial shall commence on November 1, 2021. See document for complete deadlines and details. Signed by Senior Judge Roslyn O Silver on 7/29/2021. (WLP)
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Filing
3872
ORDER the parties shall confer and attempt to reach an agreement regarding the appointment of an expert. IT IS FURTHER ORDERED no later than April 2, 2021, the parties shall either file a joint statement identifying the agreed-upon expert or separate statements of no longer than two pages identifying their concerns with the opposing side's proposed expert(s). See attachment for details. Signed by Senior Judge Roslyn O Silver on 3/19/2021. (CLB)
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Filing
3866
ORDER granting 3864 Motion for Extension of Time. Defendants shall file their supplemental response no later than March 26, 2021. Plaintiffs shall file their response no later than April 16, 2021. No reply is permitted. See attachment for details. Signed by Senior Judge Roslyn O Silver on 3/3/2021. (CLB)
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Filing
3861
ORDER: IT IS ORDERED that Defendants' Rule 60 Motion for Relief from Court Order Doc. 3734 (Doc. 3756 ) is denied. IT IS FURTHER ORDERED that Defendants are held in civil contempt for failure to comply with the Stipulation as detailed in the Court's May 2019 Order to Show Cause regarding: (see Order). IT IS FURTHER ORDERED that the Clerk of Court must enter judgment against Defendants reflecting contempt fines for June 2019 totaling $1,100,000. IT IS FURTHER ORDERED that Pla intiffs' Motion to Enforce the Stipulation and for Contempt of the May 2019 OSC Regarding PM 50 at Florence (Doc. 3584 ) is denied as moot. IT IS FURTHER ORDERED that Defendants' Motion for Clarification Regarding January 2020 OSC (Doc. 3730 ) is granted to the extent set forth herein. IT IS FURTHER ORDERED that as explained herein, no later than March 12, 2021, Defendants must file a single brief of no more than 25 pages explaining their failures to bring into, or maintain, co mpliance for the PMs identified in the January 2020 OSC for the months of March, April, May, June, July, August, September, October, November, and December 2020. IT IS FURTHER ORDERED that Plaintiff's Motion to Enforce the Stipulation (Maximu m Custody PMs 1-3, 5-6, 8) (Doc. 3599 ) is granted as set forth herein. IT IS FURTHER ORDERED that Plaintiffs' Motion to Enforce Paragraph 14 of the Stipulation (Doc. 3623 ) is granted. IT IS FURTHER ORDERED that Plaintiffs' Motion to Enforce the Court's Orders and for Further Relief (Doc. 3694 ) is granted. IT IS FURTHER ORDERED that a psychiatrist must make the determination whether a mental health encounter that is shorter than the required minimum duration is nonethe less "meaningful and appropriate in the context of the patient's overall care." IT IS FURTHER ORDERED that Plaintiffs' Motion to Enforce the Stipulation (PMs 37, 44, 45, 50, 55) (Doc. 3735 ) is granted. IT IS FURTHER ORDERED th at Defendants must file a remedial plan addressing PMs 37, 44, 45, 50, and 55 within 30 days of this Order. IT IS FURTHER ORDERED Defendants shall inform Plaintiffs' counsel within ten days of this Order of the specific steps they are impleme nting to ensure compliance with the Stipulation and this Order regarding maximum custody inmates. IT IS FURTHER ORDERED the Motion for E-Notices (Doc. 3820 ) and Motion to Be Placed Back at Rast (Doc. 3853 ) are denied. (See Order for further details.) Signed by Senior Judge Roslyn O Silver on 2/24/21. (SST)
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Filing
3734
ORDER - IT IS ORDERED Plaintiffs' Motion to Enforce the June 19, 2020 Order (Doc. 3686 ) is granted. Defendants must produce the remaining data, if not already disclosed, no later than September 18, 2020. Defendants must also provide a Notic e to the Court reflecting compliance.IT IS FURTHER ORDERED that Defendants must pay Plaintiffs' reasonable attorneys' fees in bringing their Motion to Enforce the Court's June 19, 2020 Order (Doc. 3686 ). The parties must meet and c onfer within 21 days of this Order to attempt to reach an agreement on an amount to compensate Plaintiffs' counsel. If no agreement is reached, Plaintiffs' counsel may file a motion for attorneys' fees within 30 days of this order. IT IS FURTHER ORDERED that Plaintiffs' deadline to file their Reply in support of their Motion to Enforce the Stipulation (Maximum Custody) is extended until October 2, 2020. Plaintiff's Motion for Extension of Time to File their Reply ( Doc. 3728 ) is therefore denied as moot. IT IS FURTHER ORDERED the Clerk of Court must terminate the Motion at Doc. 3704 as duplicative of the redacted motion filed and pending at Doc. 3694 . (See document for further details). Signed by Senior Judge Roslyn O Silver on 9/4/2020. (LAD)
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Filing
3691
ORDER as to 3686 MOTION to Enforce Court's Order 3635 : IT IS THEREFORE ORDERED that Defendants must respond to Plaintiffs' Motion to Enforce no later than Monday August 17, 2020. Plaintiffs may file a reply no later than Wedne sday August 19, 2020. IT IS FURTHER OREDERED that Defendants must show cause in their response to the Motion to Enforce why they should not be required to pay Plaintiffs' reasonable attorneys' fees incurred in its efforts to gain compliance with the June 19, 2020 Order. IT IS FURTHER ORDERED that Defendants cannot avoid filing their response by providing the required information to Plaintiffs. Signed by Senior Judge Roslyn O Silver on 8/13/2020. (CLB)
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Filing
3655
ORDER granting 3650 , 3654 Motions to Seal. The Clerk of Court will combine in a new entry on the docket the redacted versions of Doc. 3649 and Doc. 3653 . The Clerk of Court will file in the lodged document, Doc. 3651 , keeping the same do cket number. This Order shall not be sealed. FURTHER ORDERED no later than July 20, 2020, Defendants shall file their response to the Motion to Enforce. No later than July 23, 2020, Plaintiffs shall file their reply. Signed by Senior Judge Roslyn O Silver on 7/14/20. (MAP)
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Filing
3635
ORDER re: 3613 Discovery Dispute: IT IS ORDERED Defendants are required to respond to RFPs 66, 74, 122, 133, 134, and 138 as detailed herein within seven days of this Order. Defendants are not required to respond to RFP 116. Signed by Senior Judge Roslyn O Silver on 6/19/2020. (CLB)
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Filing
3596
ORDER Defendants' remedial plan for PM 44 at Tucson (Doc. 3585 ) is accepted. See attachment for details. Signed by Senior Judge Roslyn O Silver on 5/19/2020. (CLB)
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Filing
3574
ORDER - The Motion to Enforce the Stipulation (Doc. 3492 ) is GRANTED IN PART. FURTHER ORDERED that PM 23 at Lewis; PM 24 at Eyman, Florence, Phoenix, and Yuma; PM 40 at Florence; PM 44 at Phoenix and Tucson; PM 52 at Lewis; PM 67 at Florence; and PM 74 at Perryville are substantially noncompliant. See document for complete details. Signed by Senior Judge Roslyn O Silver on 4/23/20. (EJA)
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Filing
3563
ORDER: The Motions to Intervene (Doc. 3519 , 3555 ) are DENIED. The Stipulation (Doc. 3551 is DENIED. Signed by Senior Judge Roslyn O Silver on 4/17/2020. (REK)
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Filing
3556
ORDER: IT IS ORDERED Defendants are required to provide Plaintiffs the names and identification numbers of prisoners tested for COVID-19 and the results, on a weekly basis, pursuant to Paragraph 29 of the Stipulation and as part of the effort to ensure compliance with Performance Measures PMs 39-41, PMs 45-47, PMs 48-52, and PM 55. See attachment for details. Signed by Senior Judge Roslyn O Silver on 4/2/2020. (CLB)
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Filing
3518
ORDER: Defendants shall monitor Performance Measures 73, 74, 76, 78, 80-90, 91, 94, and 95 using the protocols set forth above. Defendants shall monitor Performance Measure 25 using the protocol set forth above. Performance Measure 67 must be monitor ed using the methodology recommended by Dr. Stern. IT IS FURTHER ORDERED no later than March 27, 2020, the parties shall file an updated version of the spreadsheet reflecting the PMs that have been terminated and those that remain pending. IT IS FURT HER ORDERED no later than March 27, 2020, Plaintiffs shall respond to Defendants' position statement as directed herein 3512 . Defendants may file a reply no later than April 3, 2020. Signed by Senior Judge Roslyn O Silver on 3/11/2020. (REK)
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Filing
3495
ORDER (1) The parties must confer and submit a joint statement regarding Defendants operating an "Open Clinic" no later than February 28, 2020. (2) The parties must confer and submit a joint statement as described herein as to Recommenda tions 16, 18, 19, and 44 no later than February 28, 2020. (3) Defendants must file a statement as to whether they will attempt to implement Recommendations 51, 52, 53, 54, 55, 56, 57, 59, or 60 no later than February 28, 2020. (4) The remainder o f Dr. Stern's Recommendations are accepted or not adopted as discussed herein. (5) The parties must confer and submit a document regarding the status of PMs by location no later than February 28, 2020. FURTHER ORDERED The following motions a re addressed: denying 3301 Plaintiffs' Motion to Compel Compliance; denying without prejudice to refiling after issuance of the Ninth Circuit's mandate in 18-16358 3401 Plaintiffs' Motion for Attorneys' Fees; denying as moot 3413 , 3415 Defendants' Motions to Stay Enforcement of the Court's May 8, 2019 Attorney Fees' Order and Briefing on Plaintiffs' pending motion; denying 3461 Plaintiffs' Motion to Modify the Stipulation; granting 3483 Defendants' Motion to Seal; denying 3488 Class Member Richard Johnson's Motion to Enforce the Stipulation. Signed by Senior Judge Roslyn O Silver on 2/12/20. (MAP)
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Filing
3452
ORDER re: Dr. Stern's communications with third parties: Because Dr. Stern's testimony might still be needed in these proceedings, he is to avoid communications with third parties regarding his work in this case. The Court will inform Dr. Stern as soon as possible after the parties' settlement conference on January 10, 2020, whether additional services will be needed or if he is free to communicate with third parties. Signed by Senior Judge Roslyn O Silver on 12/11/2019. (MMO)
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Filing
3449
ORDER denying 3436 Motion to Quash. Signed by Senior Judge Roslyn O Silver on 12/9/19. (CLB)
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Filing
3385
ORDER no later than October 16, 2019, the parties shall confer and inform the opposing side which of the three options they plan to pursue. IT IS FURTHER ORDERED no later than October 23, 2019, each side shall file a statement outlining how that side wishes to proceed. See attachment for details. Signed by Senior Judge Roslyn O Silver on 10/11/19. (CLB)
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Filing
3232
ORDER granting Plaintiffs' Motion to Enforce Payment of Monitoring Fees 3026 . Defendants shall ensure that Plaintiffs' August 14, 2018 invoice is paid in full within 7 days of the date of this Order with interest accruing from September 1 3, 2018, and calculated pursuant to 28 U.S.C. § 1961. IT IS FURTHER ORDERED granting Plaintiffs' Motion for Attorneys' Fees and Costs 3017 . IT IS FURTHER ORDERED awarding Plaintiffs $1,602,955.20 in attorneys' fees and $45,082.60 in costs, for a total of $1,648,037.80 pursuant to the parties' Stipulation. The Clerk of Court must enter judgment against Defendants accordingly. Signed by Senior Judge Roslyn O Silver on 5/03/2019. (REK)
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Filing
3127
ORDER re: 3111 Joint Statement re: terms of Dr. Stern's engagement. The parties agree on some issues but disagree on others. The Court will accept the portions where the parties agree and this Order addresses only the disagreements. See attachment for details. Signed by Senior Judge Roslyn O Silver on 1/31/19. (CLB)
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Filing
3077
ORDER re: Magistrate Judge Duncan's jurisdiction. Signed by Senior Judge Roslyn O Silver on 12/6/18. (CLB)
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Filing
3057
ORDER: Defendants' Motion for Relief from Court Order Re: Termination of Monitoring 2931 is denied. Defendants' Motion for Relief from Court Order Re: HNR Boxes 2932 is denied. Defendants' Motion to Stay 2971 is denied. Plaintiff s' Motion for Status Hearing 2999 is granted. A hearing is set for December 6, 2018, at 1:30 p.m. Defendants' Motion to Modify Order Doc. 2958 3046 is granted. Defendants' monthly compliance reports will be due on the 21st day of each month or on the business day thereafter. IT IS FURTHER ORDERED denying Michael Cohn's pro se Motion for Investigation of Fraudulent Schemes 3044 . Signed by Senior Judge Roslyn O Silver on 11/15/2018. (REK)
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Filing
3020
ORDER granting in part 2520 Plaintiff's Motion to Enforce. ORDERED that PM 48 at Tucson, PM 95 at Tucson, and PM 96 at Tucson are substantially non-compliant. FURTHER ORDERED that PM 19 at Eyman, PM 19 at Lewis, PM 52 at Phoenix, and PM 67 at Tucson are substantially non-compliant. Defendants shall file a remedial plan tailored to each of these PM/locations no later than October 22, 2018. Signed by Senior Judge Roslyn O Silver on 9/28/18. (EJA)
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Filing
2905
ORDER: Within 30 days of the date of this Order, Plaintiffs and Defendants shall each submit a list of two proposed experts for each of the following categories of care delineated by the Stipulation: Pharmacy, Intersystem, Transfers, Access to Care, Diagnostic Services, Specialty Care, and Chronic Care. For each proposed expert, the parties shall submit a current CV/resume and confirm that s/he is available to serve as an outside expert to Defendants. The Court will then conduct its selection process. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
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Filing
2810
ORDER re: 2520 MOTION to Enforce The Stipulation ; IT IS ORDERED that PM 50 at Tucson is substantially non-compliant. IT IS FURTHER ORDERED directing Defendants to file a remedial plan tailored to PM 50 no later than June 6, 2018. Signed by Magistrate Judge David K Duncan on 5/11/18. (MSA)
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Filing
2791
ORDER: The Motion to Disqualify Magistrate Judge Duncan from All Further Proceedings 2641 is DENIED. The Motion for Chief Judge to Rule on Defendants' Motion to Disqualify Magistrate Judge Duncan from All Further Proceedings 2693 is DENIED. IT IS FURTHER ORDERED DENYING Motion for Leave for Ethics Bureau at Yale to File Brief of Amicus Curiae in Opposition to Defendants' Motion to Disqualify Judge Duncan from All Further Proceedings 2729 . While the Court appreciates the willingness of law students to devote their efforts to matters they believe will assist the Court, the proposed amicus brief would not assist the Court in addressing the matter at hand. Signed by Magistrate Judge David K Duncan on 5/02/2018. (REK)
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Filing
2667
ORDER: Because of the various moving parts in this case, including the Court's recent ruling on the definition of substantial noncompliance, the most prudent course is for the Court to address this topic at one of the March hearings so that the Court may hear the parties' current positions and thereupon issue its ruling. Signed by Magistrate Judge David K Duncan on 3/06/2018. (REK)
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Filing
2644
ORDER granting Joint Motion for Clarification 2561 . See Order for details. Signed by Magistrate Judge David K Duncan on 2/26/18. (SJF)
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Filing
2604
ORDER denying Corizon Health Inc.'s 2529 Renewed Motion for Leave to Participate as Amicus Curiae. Signed by Magistrate Judge David K Duncan on 2/15/2018. (ATD)
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Filing
2410
ORDER Denying as moot 2080 Defendants' Motion to Seal. FURTHER ORDERED granting 2137 Defendants' Motion to Seal. FURTHER ORDERED 2169 Larry Prince's Motion to Intervene. (Doc. 2169) is denied. FURTHER ORDERED granting [219 2] Plaintiffs' Motion to Seal. FURTHER ORDERED granting 2203 Defendants' Motion to Seal. FURTHER ORDERED denying 2357 Anant Tripati's Motion to Seal Declaration. FURTHER ORDERED denying 2391 Clayton Roy Gatlin's Motion Request to Improve. Signed by Magistrate Judge David K Duncan on 10/31/17.(MAP)
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Filing
2373
ORDER - Effective immediately, Defendants shall comply with the following performance measures at the following prisons for every class member: Performance Measure 11, 35, 39, 44, 46, 47, 50, 51, 52, 54 and 66. By Friday, 1/5/2018, Defendants shall file a list of every instance of non-compliance with this Order during December 2017. Defendants shall file a redacted list on the public docket and an unredacted list under seal. On Tuesday, 1/9/2018 Defendants shall show cause as to why the Cour t should not impose a civil contempt sanction of $1,000 per incident of non-compliance commencing the month of December 2017. If the Court finds clear and convincing evidence that Defendants have failed to take all reasonable steps to comply with this Order, the Court shall impose civil contempt sanctions on Defendants. Signed by Magistrate Judge David K Duncan on 10/10/17. (DXD)
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Filing
2235
ORDER denying 2171 Corizon Health, Inc.'s Motion for Leave to Participate as Amicus Curiae. Signed by Magistrate Judge David K Duncan on 8/14/17.(LSP)
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Filing
2226
ORDER - IT IS THEREFORE ORDERED that Defendant Ryan must appear at the Court's August 8-9, 2017 Status Conference so that the Court may address directly Defendants' compliance with the July 25, 2017 Order. Defendants must therefore make a rrangements for Defendant Ryan to appear at some point during the two days set aside for the hearing. He must be prepared to provide testimony regarding the video conference and the information conveyed to ADC employees and officials. IT IS FURTHER ORDERED that Defendants must produce copies of any documents created in connection with the video conference including speaking notes, "talking points," or any power-point type presentations, as well as any documents which memorialize wha t information was communicated during the conference. Defendants must also produce copies of any documents created for employees or officials unable to participate in the teleconference. Any documents responsive to this Order must be filed no later than 6 p.m., Monday, August 7, 2017. (See document for further details). Signed by Magistrate Judge David K Duncan on 8/4/17. (SLQ)
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Filing
2209
ORDER: IT IS ORDERED directing Defendants and Counsel for Defendants that no actions be taken that harass, intimidate, or otherwise retaliate against the witnesses who have provided the Court information, either via oral testimony or written statem ents. This prohibition includes actions which could reasonably be viewed as having a chilling effect on witness testimony by utilizing group punishments, or actions against other prisoners who could in turn blame or target the witnesses. IT IS FUR THER ORDERED that Counsel for Defendants provide a written declaration within 7 days of the date of this Order describing all steps they took to communicate the Court's verbal orders of July 14, 2017, regarding retaliation to their clients, a nd to ensure that witnesses' freedom to communicate with the Court is protected IT IS FURTHER OREDERED that Perryville staff immediately return Ms. Scheid to her previous cell and to not enter Ms. Ashworth's cell at night when she is alon e or away working unless it is pursuant to a legitimate correctional objective. IT IS FINALLY ORDERED GRANTING the Defendants' request that the Court set this matter for an evidentiary hearing after the parties confer and present their availability to the Court. Signed by Magistrate Judge David K Duncan on 7/25/2017. (REK)
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Filing
2179
ORDER denying 2135 Motion for Reconsideration of the Court's $1000 Sanction Order. Signed by Magistrate Judge David K Duncan on 7/13/17.(DXD)
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Filing
1918
ORDER: Defendants' Motion for Relief from Order Re: Close Custody 1847 is denied; Defendants' Notice and Request for Temporary Suspension of Order Regarding Close Custody 1869 is denied. Signed by Magistrate Judge David K Duncan on 2/6/17.(REW)
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Filing
1833
ORDER: the Monitoring Guide shall be updated to reflect compliance for PMs 27, 77, and 78 as described in this order; any inmate classified as close custody who works at least 20 hours/week is not a member of the Stipulation's Subclass; within 2 1 days, the parties shall notify the Court that they have developed a methodology for implementing this Order or that they require the Court's assistance to do so; all close custody inmates who are not part of the job program mentioned in this order are members of the Stipulation's Subclass. Signed by Magistrate Judge David K Duncan on 12/23/16. (REW)
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Filing
1778
ORDER: approving the unopposed redactions for the proper names set forth at the following page and line numbers of the October 5, 2016 Status Hearing transcript: page 40, lines 1, 2, 5 and 9; page 42, lines 18 and 22; denying the other requested redactions.; the Court declines to approve the other redactions for the other ADOC employees (see order for complete details). Signed by Magistrate Judge David K Duncan on 11/23/16.(REW)
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Filing
1754
ORDER: the outstanding issues from the 11/9/16 Status Conference are addressed in this order (see order for details). Signed by Magistrate Judge David K Duncan on 11/10/16. (REW) Modified on 11/10/2016 (REW).
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Filing
1065
ORDER: (1) Defendants' Motion for Summary Judgment (Docs. 895 , sealed at 902) is denied. (2) Plaintiff Brislan is dismissed as a Class Representative. (3) Plaintiffs' Motion to Strike Defendants' Notice of Supplemental Authority (Doc. 1063 ) is denied as moot. See order for complete details. Signed by Judge Neil V. Wake on 8/7/14. (NKS)
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Filing
1040
ORDER that Defendants' Motion to Preclude Plaintiffs' Experts (Docs. 905 , sealed at 900) is denied without prejudice to renewal at trial. See order for complete details. Signed by Judge Neil V. Wake on 7/28/14. (NKS)
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