Martinez-Brooks et al v. Easter et al
| Rejeanne collier, Dianthe Martinez-Brooks, Kenneth Cassidy, Jackie madore, Amanda Eliza Cooper, James Whitted, Amanda Cooper and Andrew S. Mackey |
| D. Easter and Michael Carvajal |
| 3:2020cv00569 |
| April 27, 2020 |
| U.S. District Court for the District of Connecticut |
| Michael P Shea |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 118
NOTICE of Hearing on Motion re: #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 7/22/2020 and 7/24/20 @ 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea. Signed by Judge Michael P. Shea on 6/19/20.(Johnson, D.)
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| Set Deadlines/Hearings: Telephonic Status Conference set for 7/21/2020 10:00 AM Hartford, CT before Judge Michael P. Shea (Johnson, D.) |
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Filing 117
ORDER. The Court will hold a telephonic status conference Monday, June 22, 2020 at 10:00 a.m. Signed by Judge Michael P. Shea on 6/19/2020. (Karpman, Michael)
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Filing 116
ORDER. In light of the ongoing efforts to resolve this case via settlement, the preliminary injunction hearing scheduled for June 23 & 24 is RESCHEDULED for July 22 & 24. The pre-hearing deadlines are adjusted as follows: The parties shall file a list of exhibits and witnesses by July 17, 2020. The parties shall submit, via email to Judge Shea's law clerk, electronic copies of all exhibits by July 17, 2020. The Court will hold a telephonic status conference to discuss the preliminary injunction hearing on July 21 at 10:00 a.m. The telephonic status conference scheduled for June 22, 2020 is CANCELED. Signed by Judge Michael P. Shea on 6/19/2020. (Karpman, Michael)
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| Filing 115 Minute Entry for proceedings held before Judge Thomas O. Farrish: Continued settlement conference held on 6/19/2020. Total Time: 5 hours and 0 minutes. (Farrish, Thomas) |
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Filing 113
SCHEDULING ORDER: A continued settlement conference will be held via Zoom on Friday, June 19, 2020 at 9:00 a.m. Zoom connection information will be sent to all appearing counsel via Outlook calendar invitation. Signed by Judge Thomas O. Farrish on 06/18/2020. (Farrish, Thomas)
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| Filing 112 Minute Entry for proceedings held before Judge Thomas O. Farrish: Continued settlement conference held on 6/18/2020. Total Time: 6 hours and 30 minutes. (Farrish, Thomas) |
| Filing 114 EMERGENCY MOTION to Intervene by Andrew S. Mackey.Responses due by 7/7/2020 (Payton, R.) |
| Set Deadlines/Hearings: Settlement Conference set for 6/17/2020 at 1:00 PM before Judge Thomas O. Farrish. (Wood, R.) |
| Filing 111 AMENDED COMPLAINT Petition for Writ of Habeas Corpus against D. Easter, filed by Jackie Madore, Amanda Eliza Cooper, James Whitted. (Attachments: #1 Affidavit Jaimie Meyer, M.D., #2 Affidavit Professor Judith Resnik, #3 Affidavit Dianthe Martinez-Brooks, #4 Affidavit Kenneth Cassidy, #5 Affidavit Christina Korbe, #6 Affidavit Marius (Marie) Mason, #7 Affidavit Kimberly Hoisington, #8 Affidavit Rafael Almonte, #9 Affidavit Tamika Somerville, #10 Affidavit Theresa Foreman, #11 Affidavit Antrum Coston, #12 Affidavit Shannon Benson, #13 Affidavit Richard Johnson, #14 Affidavit Ronald Harper)(Levine, Jonathan) |
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Filing 110
SCHEDULING ORDER: Judge Farrish will conduct a continued settlement conference on Wednesday, June 17, 2020 at 1:00 p.m. Zoom videoconferencing invitations have been sent to appearing counsel. Signed by Judge Thomas O. Farrish on 06/16/2020.(Farrish, Thomas)
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| Filing 109 Minute Entry for proceedings held before Judge Thomas O. Farrish: Continued settlement conference held on 6/16/2020. Total Time: 8 hours and 15 minutes. (Farrish, Thomas) |
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Filing 108
ORDER. The #107 motion for leave to add parties pursuant to Fed. R. Civ. P. 21 is GRANTED. Petitioners shall file an amended habeas petition incorporating the proposed amendment (ECF No. 107-1) by Tuesday, June 16, 2020. In light of the #76 , #105 , and #106 notices of voluntary dismissal, the claims of Petitioners Rejeanne Collier, Dianthe Martinez-Brooks, and Kenneth Cassidy are hereby DISMISSED. Signed by Judge Michael P. Shea on 6/15/2020. (Karpman, Michael)
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| Set Deadlines: Amended Habeas Petition due by 6/16/2020 (Johnson, D.) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 6/22/2020 10:00 AM before Judge Michael P. Shea (Johnson, D.) |
| Filing 107 MOTION for Leave to File to Add Parties pursuant to Fed.R.Civ.P. 21 by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Attachments: #1 Exhibit Proposed Amendment to Complaint)(Levine, Jonathan) |
| Filing 106 NOTICE of Voluntary Dismissal of Rejeanne Collier by Rejeanne Collier (Levine, Jonathan) |
| Filing 105 NOTICE of Voluntary Dismissal of Dianthe Martinez-Brooks by Dianthe Martinez-Brooks (Levine, Jonathan) |
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Filing 104
ORDER. The telephonic status conference to discuss the preliminary injunction hearing, currently scheduled for June 19, 2020, is RESCHEDULED for Monday, June 22 at 10:00 a.m. Signed by Judge Michael P. Shea on 6/12/2020. (Karpman, Michael)
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| Set Deadlines/Hearings: Settlement Conference set for 6/16/2020 at 9:00 AM before Judge Thomas O. Farrish. (Wood, R.) |
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Filing 103
SCHEDULING ORDER: Judge Farrish will conduct a continued settlement conference on Tuesday, June 16, 2020 at 9:00 a.m. The conference will be conducted through the Zoom videoconferencing application. Instructions for connecting to the conference will follow in a Microsoft Outlook calendar invitation sent to all appearing counsel. Signed by Judge Thomas O. Farrish on 06/11/2020. (Farrish, Thomas)
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| Filing 102 Minute Entry for proceedings held before Judge Thomas O. Farrish: Continued settlement conference held on 6/11/2020. Total Time: 6 hours and 0 minutes. (Farrish, Thomas) |
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Filing 101
ORDER. As no motion to seal has been filed in response to the Court's 63 order, the Clerk is directed to unseal ECF No. #58 . Signed by Judge Michael P. Shea on 6/11/2020. (Karpman, Michael)
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Filing 100
SCHEDULING ORDER: A continued settlement conference will be held on Thursday, June 11, 2020 at 10:00 a.m. The conference will be conducted through the Zoom videoconferencing application. Connection information has been sent to all appearing counsel through a Microsoft Outlook calendar invitation. Signed by Judge Thomas O. Farrish on 06/10/2020. (Farrish, Thomas)
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| Filing 99 Minute Entry for proceedings held before Judge Thomas O. Farrish: Settlement Conference held on 6/10/2020. Total Time: 8 hours and 0 minutes. The conference will continue on Thursday, June 11, 2020 at 10:00 a.m. (Farrish, Thomas) |
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Filing 98
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for Settlement Conference Signed by Judge Michael P. Shea on 6/9/20.(Johnson, D.)
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| Filing 97 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 6/9/2020. 8 minutes(Court Reporter Julie Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Teleponic Status Conference set for 6/19/2020 03:00 PM before Judge Michael P. Shea (Johnson, D.) |
| Set Deadlines/Hearings: Settlement Conference set for 6/10/2020 at 10:00 AM before Judge Thomas O. Farrish. (Wood, R.) |
| Filing 96 Sealed Document: Inmate List by D. Easter re #95 Notice (Other) . (Nelson, David) |
| Filing 95 NOTICE by D. Easter Update on inmates deemed eligible for residential reentry placement (Attachments: #1 Declaration)(Nelson, David) |
| Filing 94 NOTICE by D. Easter re #92 Sealed Document, #91 Notice (Other) Declaration re: Medical Record Review of FCI Danbury Inmates (Orticelli, Jillian) |
| Filing 93 Sealed Document: Declaration re: Medical Record Review of FCI Danbury Inmates by D. Easter re #92 Sealed Document, #91 Notice (Other) . (Orticelli, Jillian) |
| Filing 92 Sealed Document: Medical Record Review of FCI Danbury Inmates by D. Easter re #91 Notice (Other) . (Orticelli, Jillian) |
| Filing 91 NOTICE by D. Easter of Review by Medical Clinician (Orticelli, Jillian) |
| Filing 90 NOTICE by D. Easter Completed Re-Review Process by Home Confinement Committee (Attachments: #1 Declaration)(McConaghy, Michelle) |
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Filing 89
ORDER. Petitioners may file the Rule 21 motion to add parties referred to in the Court's 81 order by June 12, 2020. Signed by Judge Michael P. Shea on 6/9/2020. (Karpman, Michael)
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Filing 88
SCHEDULING ORDER: Judge Farrish will conduct a settlement conference on Wednesday, June 10, 2020 at 10:00 a.m. The conference will be conducted through the Zoom videoconferencing application. Connection details will follow in an e-mailed Outlook calendar invitation to all appearing counsel. (Farrish, Thomas)
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Filing 87
ORDER. The preliminary injunction hearing scheduled for June 11 and 12 is RESCHEDULED for June 23 and 24. The pretrial deadlines are adjusted as follows: The parties shall file a list of exhibits and witnesses by close of business on June 18, 2020. The parties shall submit, via email to Judge Shea's law clerk, electronic copies of all exhibits by close of business on June 18, 2020. The Court will hold a telephonic status conference to discuss the preliminary injunction hearing on June 19 at 3:00 p.m. Signed by Judge Michael P. Shea on 6/9/2020. (Karpman, Michael)
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Filing 86
ORDER. This case is referred to United States Magistrate Judge Thomas O. Farrish for a settlement conference. Signed by Judge Michael P. Shea on 6/9/2020. (Karpman, Michael)
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Filing 85
ORDER. The Court will hold a telephonic status conference on June 9, 2020 at 9:30 a.m. Signed by Judge Michael P. Shea on 6/8/2020. (Karpman, Michael)
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| Filing 84 OBJECTION re #83 MOTION for Sanctions AND MEMORANDUM IN SUPPORT filed by D. Easter. (Nelson, David) |
| Filing 83 MOTION for Sanctions AND MEMORANDUM IN SUPPORT by Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks.Responses due by 6/29/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Orihuela, Marisol) |
| Filing 82 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 6/5/2020. Total Time: 1 hours and 8 minutes(Court Reporter Julie Monette.) (Johnson, D.) |
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Filing 81
ORDER. For the reasons discussed on the call (and the Court may issue a short, further explanatory ruling in the future), the parties are ordered to meet and confer to develop a form of release that would allow inmates identified in the sample group to choose whether or not to disclose their presentence reports to Petitioners' counsel in this action. Under the Supreme Court's decision in U.S. Dept. of Justice v. Julian, 486 U.S. 1 (1988), it is clear that an inmate has the right under the FOIA to obtain his or her own presentence report, and thus also to authorize its disclosure to Petitioners' counsel--who seek to represent a class of inmates including the inmates in the sample--so that Petitioners' counsel can pursue the inmate's interests in this case. In light of the important private and public interests at issue in this case, and the apparent role of these presentence reports in the Respondent's decisionmaking process, Petitioners' have made a compelling demonstration that disclosure, in the manner described above, is necessary to meet the ends of justice. The release form should indicate that any presentence reports disclosed to Petitioners' counsel under these authorizations will be treated with strict confidentiality, and, more specifically, will be disclosed only to Petitioners' counsel, Petitioners' counsel's expert witness, Respondent's counsel, Respondent's counsel's expert witness, and the Court. Should inmates in the sample authorize such disclosure, the Respondents shall produce the presentence reports of such inmates to Petitioners' counsel. Petitioners' request to obtain inmates' Statements of Reasons is denied for the reasons discussed on the call. In addition, for the reasons discussed on the call, the Respondent shall produce to Petitioners' counsel the names of the inmates who were in the group of an estimated 159 inmates (referred to in the Warden's declaration, ECF No. 24-2 at 23) who were reviewed for home confinement between March 26 and May 5, 2020. Further, as discussed, Petitioners shall file a Rule 21 motion to add parties by June 9, 2020. Signed by Judge Michael P. Shea on 6/5/2020. (Karpman, Michael)
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Filing 80
ORDER: The parties' joint status report (ECF No. 79) indicates that they disagree about whether the Respondent may disclose inmates' Presentence Reports and Statements of Reasons to petitioners' counsel. The Court will hold a telephonic conference with counsel, today, at 5pm, to discuss this issue with the parties. The Court will circulate dial-in information shortly. Before the call, counsel should review the following authorities, and any others that may be pertinent: U.S. v. Charmer Indus., Inc., 711 F.2d 1164, 1176 (2d Cir. 1983); D. Conn. L. Crim. Rule 32(i),(k); U.S. Dept of Justice v. Julian, 486 U.S. 1 (1988) and its progeny, see, e.g., US v. Pugh, 69 Fed. Appx. 628 (4th Cir. 2003). Signed by Judge Michael P. Shea on 6/5/2020. (Karpman, Michael)
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| Filing 79 Joint STATUS REPORT by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Orihuela, Marisol) |
| Filing 78 Sealed Document: Declaration Exhibit A - List of Releasees by D. Easter re #77 Notice (Other) . (Orticelli, Jillian) |
| Filing 77 NOTICE by D. Easter re: release status of inmates deemed eligible for home confinement (Orticelli, Jillian) |
| Filing 76 NOTICE of Voluntary Dismissal of Kenneth Cassidy by Kenneth Cassidy (Levine, Jonathan) |
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Filing 75
ORDER. The parties shall submit a list of inmates they intend to call as witnesses, if any, by close of business on June 8, 2020. The Government is directed to facilitate making the necessary arrangements to allow the inmates to testify. Signed by Judge Michael P. Shea on 6/4/2020. (Karpman, Michael)
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| Set Deadlines/Hearings: Telephonic Status Conference set for 6/10/2020 01:00 PM before Judge Michael P. Shea (Johnson, D.) |
| Filing 74 Joint STATUS REPORT by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Orihuela, Marisol) |
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Filing 73
ORDER. The parties shall file a list of exhibits and witnesses by close of business on June 9, 2020. The parties shall submit, via email to Judge Shea's law clerk, electronic copies of all exhibits by close of business on June 9, 2020. The Court will hold a telephonic status conference to discuss the preliminary injunction hearing on June 10 at 1:00 p.m. Signed by Judge Michael P. Shea on 6/2/2020. (Karpman, Michael)
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| Filing 72 NOTICE by D. Easter Regarding Notice of Action and Release of Medical Records (McConaghy, Michelle) |
| Filing 71 NOTICE of Appearance by Alexandra Harrington on behalf of Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks (Harrington, Alexandra) |
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Filing 70
ORDER: The court enters the attached order with respect to certain inmates designated by the Warden for Residential Reentry Centers. Signed by Judge Michael P. Shea on 5/29/2020. (Karpman, Michael)
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| Filing 69 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 5/28/2020. Total Time: 1 hours and 36 minutes(Court Reporter J. Monette.) (Johnson, D.) |
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Filing 68
ORDER: The Court enters the attached order. Signed by Judge Michael P. Shea on 5/28/2020. (Karpman, Michael)
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| Filing 67 NOTICE by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks Petitioners' Position in Advance of May 28, 2020 Status Conference Regarding Home Confinement Review Process (Attachments: #1 Exhibit A)(Russell, Sarah) |
| Filing 66 Sealed Document: Release status of inmates deemed eligible for home confinement by D. Easter re #65 Notice (Other) . (Orticelli, Jillian) |
| Filing 65 NOTICE by D. Easter (Orticelli, Jillian) |
| Filing 64 Joint STATUS REPORT by Kenneth Cassidy, Rejeanne Collier, D. Easter, Jackie Madore, Dianthe Martinez-Brooks. (Levine, Jonathan) |
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Filing 63
ORDER. The Respondent has filed ECF No. #58 under seal, but the Court did not order this document to be filed under seal, nor has the Warden filed a motion to seal. Unless the Warden files a motion to seal within 7 days setting forth the justification for sealing the document, the Court will order ECF No. #58 unsealed. Signed by Judge Michael P. Shea on 5/27/2020. (Karpman, Michael)
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| Filing 62 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 5/26/2020. Total Time: 1 hours and 47 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Joint Status Report due by 5/27/2020; Telephonic Status Conference set for 5/28/2020 11:00 AM before Judge Michael P. Shea (Johnson, D.) |
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Filing 61
ORDER. The Court held a telephonic status conference today to discuss issues related to the Respondent's compliance with the Court's TRO, ECF No. 30. During the call, the Petitioners indicated that they knew of multiple individuals who qualified as medically vulnerable under Paragraph 1 of the TRO (which references CDC criteria), but who were not included on the list of medically vulnerable inmates that Respondent used to select inmates for prioritized review for home confinement, as required by the TRO. Petitioners indicate that they believe that additional searches are necessary to identify additional medically vulnerable inmates they believe to be present at FCI Danbury who are not on the current list. The Respondent indicated a willingness to conduct a further search to identify additional medically vulnerable inmates, although the Respondent took the position that the Petitioners' proposed search parameters were overbroad. Given that additional searches are likely necessary to identify all of the medically vulnerable inmates at FCI Danbury for prioritized home confinement review (as required by Paragraphs 1, 2, 4, and 5 of the TRO), that further additional time will be necessary to review those inmates for home confinement, and that further inquiry is necessary to determine whether the Respondent has otherwise fully complied with the TRO, the Court finds that there is good cause under Rule 65(b)(2) to extend the temporary restraining order by 14 days, through June 9, 2020.As discussed during today's call, the parties shall meet and confer regarding the most effective and efficient process for identifying as many of the remaining medically vulnerable inmates at FCI Danbury as possible. The parties should also discuss whether and how a person with medical expertise should be involved in the home confinement review process, in light of the requirement under the TRO that the Respondent assign substantial weight to an inmate's COVID-19 risk factors in the review process. The parties shall file a status report regarding their discussions by close of business on May 27. The Court will hold a telephonic status conference on May 28, 2020 at 11:00 a.m. to discuss these issues.As further discussed, the Respondent shall also file a notice by close of business on May 27, under seal, indicating the release status of each of the 26 inmates that have been approved for home confinement. Signed by Judge Michael P. Shea on 5/26/2020. (Karpman, Michael)
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| Filing 60 NOTICE by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks OF RULE 34 INSPECTION OF FCI DANBURY (Orihuela, Marisol) |
| Filing 59 Sealed Document: Review Worksheets by D. Easter re #57 Notice (Other) . (Nelson, David) |
| Filing 58 Sealed Document: Exhibit A by D. Easter re #57 Notice (Other) . (Nelson, David) |
| Filing 57 NOTICE by D. Easter regarding Completion of Home Confinement Review Process for "Medically Vulnerable" List (Attachments: #1 Declaration)(Nelson, David) |
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Filing 56
ORDER. The Court has reviewed the Petitioners #55 notice and wishes to make clear that the document(s) referred to in Paragraph 5 of the TRO containing individualized explanations of any denials of home confinement must also be provided to Petitioners' counsel. In stating that the document had to be provided "to the Court (under seal)," the Court did not mean to suggest that the document did not have to be provided to Petitioner's counsel. Any such suggestion was inadvertent, because if the document is not provided to the Petitioners, the parties will be unable to have a meaningful conversation during the May 26 conference regarding whether Respondents have complied with the Temporary Restraining Order. Signed by Judge Michael P. Shea on 5/22/2020. (Karpman, Michael)
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| Filing 55 NOTICE by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks Petitioners' Notice in Advance of Court's May 26, 2020 Status Conference (Attachments: #1 Exhibit Petitioners' Record Search Request, #2 Exhibit Petitioners' Requested Codes and Medications for Search)(Russell, Sarah) |
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Filing 54
NOTICE: Petitioners' counsel have inquired of the Court, copying Respondents' counsel, as to the scope of the permission under amended Paragraph 1f to "disclose information on the list pertaining to a particular inmate to (a) that inmate and/or (b) that inmates representative (either the inmates family member or his/her attorney)." ECF No. 34. For clarity, the Court notes that this directive does not limit the ability of an inmate or the inmate's lawyer to disclose that inmate's inclusion on the list, or any information on the list pertaining to that inmate, in order to advocate in the inmate's interests, including, without limitation, by disclosing the information to judges who may be presiding over requests made by the inmate under Section 3582(c)(1)(A). Signed by Judge Michael P. Shea on 5/21/2020. (Karpman, Michael)
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Filing 53
ORDER: The Court has reviewed the parties' joint report regarding the format and logistics for the preliminary injunction hearing. (ECF No. 46.) In accordance with the parties' proposal, the hearing will be held over Zoom and the Court will issue a Zoom link on the docket shortly before the hearing. The parties note that it may be necessary to have inmates testify via telephone. While this is acceptable to the Court if there really are no other alternatives, the Court strongly prefers that all witnesses testify via Zoom and notes that it has conducted Zoom hearings with inmates at other facilities. The Court is prepared to issue any orders reasonably necessary to facilitate Zoom participation by inmates. The parties shall file a further status report with regard to these issues on May 29, 2020. Signed by Judge Michael P. Shea on 5/20/2020. (Karpman, Michael)
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Filing 52
ORDER. Plaintiffs have filed a notice of voluntary dismissal of all claims against Respondent Michael Carvajal. Accordingly, all claims against Respondent Michael Carvajal are hereby DISMISSED. Signed by Judge Michael P. Shea on 5/20/20. (Karpman, Michael)
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| Set Deadlines: Joint Status Report due by 5/29/2020 (Johnson, D.) |
| Filing 51 NOTICE by D. Easter of Compliance with Section 1(d)(b) of the TRO (Attachments: #1 Declaration)(Putnam, Nathaniel) |
| Filing 50 NOTICE of Voluntary Dismissal of Carvajal by All Plaintiffs (Golub, David) |
| Filing 49 Sealed Document: Exhibit A by Michael Carvajal, D. Easter re #48 Notice (Other) . (Nelson, David) |
| Filing 48 NOTICE by Michael Carvajal, D. Easter of Declaration regarding Compassionate Release / Reduction in Sentence (Attachments: #1 Declaration, #2 Exhibit B)(Nelson, David) |
| Filing 47 NOTICE by Michael Carvajal, D. Easter of Compliance with Sections 3(b) and 3(c) of the TRO (Attachments: #1 Declaration, #2 Program Statement)(McConaghy, Michelle) |
| Filing 46 Joint NOTICE by Michael Carvajal, Kenneth Cassidy, Rejeanne Collier, D. Easter, Jackie Madore, Dianthe Martinez-Brooks re 34 Order,,,,,,,,,, re Format of Preliminary Inj Hearing (Golub, David) |
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Filing 45
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for discovery disputes. Signed by Judge Michael P. Shea on 5/15/20.(Johnson, D.)
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| Filing 44 NOTICE by Michael Carvajal, D. Easter Written Statement regarding PATTERN and Mental Health (Attachments: #1 Written Statement)(Nelson, David) |
| Filing 43 NOTICE by Michael Carvajal, D. Easter of List of Factors (Attachments: #1 Declaration, #2 List of Factors)(Nelson, David) |
| Filing 42 NOTICE by Michael Carvajal, D. Easter re #40 Notice (Other) Declarations Regarding the Inmate List (Attachments: #1 Declaration 1, #2 Declaration 2)(Nelson, David) |
| Filing 41 Sealed Document: Inmate List by Michael Carvajal, D. Easter re #40 Notice (Other) . (Nelson, David) |
| Filing 40 NOTICE by Michael Carvajal, D. Easter of filing the inmate list (Nelson, David) |
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Filing 39
ORDER RE: Discovery Disputes. Any discovery disputes that cannot be resolved through good-faith negotiation between counsel shall be raised with Judge Farrish in accordance with Judge Shea's "Instructions for Discovery Disputes," except that (i) the initial phone call referenced in Paragraph 1 of the instructions shall be to Judge Farrish's chambers at 860-240-3606, rather than to Judge Shea's chambers; and (ii) unless otherwise ordered by Judge Farrish during the initial phone call, the letter referenced in Paragraph 2 of the instructions shall be submitted within 24 hours of the call, in light of the compressed schedule applicable to this case. A copy of Judge Shea's "Instructions for Discovery Disputes" may be found on his web page under the "Judges" header on the District of Connecticut website, www.ctd.uscourts.gov. It is so ordered. Signed by Judge Thomas O. Farrish on 05/15/2020. (Farrish, Thomas)
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Filing 38
ORDER. Any discovery disputes that arise between the parties are hereby REFERRED to United States Magistrate Judge Thomas O. Farrish. Signed by Judge Michael P. Shea on 5/15/2020. (Karpman, Michael)
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Filing 37
ORDER. The Court hereby amends the Temporary Restraining Order entered on May 12, 2020, ECF No. 30 at 69-73, as follows: Paragraph 1b is amended to read: "The list referred to in paragraph 1 shall include the identify of the inmate, the inmate's sentencing court, the case number of the inmate's underlying criminal conviction, and the ICD code(s) that caused the inmate to be included on the list."The Court enters the attached protective order.Signed by Judge Michael P. Shea on 5/15/2020. (Karpman, Michael)
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| Filing 36 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 5/14/2020. 53 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Filing 35 NOTICE by Michael Carvajal, D. Easter of Proposed Protective Order (Attachments: #1 Proposed Protective Order)(McConaghy, Michelle) |
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Filing 34
ORDER. For the reasons discussed during today's call, the Court hereby amends the Temporary Restraining Order entered on May 12, 2020, see ECF No. 30 at 68-73, as follows:(1) Paragraph 1f is amended to read as follows: "Respondent shall provide the list to Petitioners' counsel, and the list shall be marked 'Confidential Attorneys' Eyes Only' and be treated accordingly under the Protective Order entered in this case, ECF No. 9, except that Petitioners' counsel may also disclose information on the list pertaining to a particular inmate to (a) that inmate and/or (b) that inmate's representative (either the inmate's family member or his/her attorney). To be clear, Petitioners counsel may not disclose information pertaining to one inmate to another inmate or another inmate's representative." (2) The Court nunc pro tunc amends the Temporary Restraining Order and Ruling (ECF No. 30) to indicate that it has considered whether to require the Petitioners to give security under Rule 65(c) and has concluded that, because they are indigent and because of the nature of the case, the amount of security is set at $0.With regard to the discussion on the call concerning the Connecticut Supreme Court's decision in Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 327 Conn. 540 (2018), the Court does not find that that decision, or the Connecticut statute or HIPAA regulations cited therein, is an obstacle to amending the Temporary Restraining Order further to require that the list of inmates in the Medically Vulnerable Subclass include ICD codes. The Byrne decision suggests, and the statute and HIPAA regulations make clear, that a disclosure made in response to a court order, as opposed to a subpoena issued by a litigant, would not expose the person subject to the court order to liability. Nonetheless, as Respondents asked to file a proposed order on this point, the Court will await making further amendments to the temporary restraining order until the Respondents file the proposed language, provided they do so promptly.As discussed, by close of business on Tuesday, May 19, 2020, the parties are directed to submit a joint proposal regarding the format and logistics of the preliminary injunction hearing, including whether any part of the proceeding should be conducted in the courtroom. The Court will issue a further order regarding the hearing after it receives this input from the parties. Signed by Judge Michael P. Shea on 5/14/2020. (Karpman, Michael)
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| Filing 33 NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Michael Carvajal, Kenneth Cassidy, Rejeanne Collier, D. Easter, Jackie Madore, Dianthe Martinez-Brooks re #30 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for TRO,,, Discovery Plan (Attachments: #1 Exhibit A)(Golub, David) |
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Filing 32
ORDER: During the 3:00 p.m. call today, counsel shall be prepared to discuss the issue of security under Fed. R. Civ. P. 65(c). Signed by Judge Michael P. Shea on 5/14/2020. (Karpman, Michael)
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Filing 31
ORDER: The Court notes that it is has not yet decided the format of the June 11 preliminary injunction hearing and, in particular, whether it will be in-person, partially remote, or entirely remote. The Court will issue a notice regarding the format of the hearing after receiving input from the parties and in due course. Signed by Judge Michael P. Shea on 5/14/20.(Johnson, D.)
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| Set Deadlines/Hearings: Telephonic Status Conference set for 5/14/2020 03:00 PM before Judge Michael P. Shea (Johnson, D.) |
| Set Deadlines as to #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Motion Hearing set for 6/11/2020 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.) |
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Filing 30
ORDER: For the reasons set forth in the attached ruling and order, the Court grants in part and denies in part the #14 motion for temporary restraining order, denies the #24 motion to dismiss, and sets the motion for preliminary injunction down for a hearing on June 11, 2020 at 9am. The parties should pay close attention to the temporary restraining order, and the deadlines therein, set forth at the end of the attached ruling and order. In addition, as indicated in the attached order regarding preliminary injunction hearing (also appearing at the end of the attached ruling), the Court schedules a telephonic status conference for May 14, 2020 at 3:00 p.m.Signed by Judge Michael P. Shea on 5/12/2020. (Karpman, Michael)
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| Filing 29 Notice of Additional Authority re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Michael Carvajal, D. Easter. (Attachments: #1 Grinis Decision, #2 Alvarez Decision)(Nelson, David) |
| Filing 28 TRANSCRIPT of Proceedings: Type of Hearing: Telephonic Status Conference on Motions held on 5-6-2020 before Judge Michael P. Shea. Court Reporter: Julie Monette. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/9/2020. (Monette, Julie) |
| Filing 27 Memorandum in Support re #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Second Supplemental Memorandum in Support of Motion filed by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Attachments: #1 Exhibit A -- Second Declaration of Kenneth Cassidy, #2 Exhibit B -- Government Filing in Compassionate Release Case, #3 Exhibit C -- Declaration of Edward Clinton Jones, #4 Exhibit D -- Declaration of Ivan Joseph Soto, #5 Exhibit E -- Declaration of Mark A. Youngs, #6 Exhibit F -- Declaration of Rogers Perkins)(Russell, Sarah) |
| Filing 26 Supplemental Memorandum in Support re #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Attachments: #1 Text of Proposed Order, #2 Exhibit B -- CDC Guidance, #3 Exhibit C -- ICD Codes, #4 Exhibit D -- Status report in Wilson v. Williams, #5 Exhibit E -- Motion to Enforce in Wilson v. Williams)(Golub, David) |
| Filing 25 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 5/6/2020. Total Time: 1 hours and 39 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Michael Carvajal, D. Easter.Responses due by 5/26/2020 (Attachments: #1 Memorandum in Support, #2 Exhibits A through F)(McConaghy, Michelle) |
| Filing 23 NOTICE of Appearance by David Christopher Nelson on behalf of Michael Carvajal, D. Easter (Nelson, David) |
| Filing 22 Notice of Additional Authority re #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michael Carvajal, Kenneth Cassidy, Rejeanne Collier, D. Easter, Jackie Madore, Dianthe Martinez-Brooks. (Golub, David) |
| Filing 21 NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Michael Carvajal, D. Easter (McConaghy, Michelle) |
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Filing 20
ORDER: Nothing in this order should be taken as any indication about how the Court will rule on the petition or motion for temporary restraining order/preliminary injunction. The Government must file its responses to the order to show cause and the motion for temporary restraining order/preliminary injunction by 6pm on May 5, 2020. (The time was inadvertently omitted from the Court's previous order.) The parties shall be prepared to argue the motion for temporary restraining order/preliminary injunction at the telephonic hearing scheduled for 1pm on May 6. To facilitate preparation for that argument, and to facilitate any relief the Court might order after the argument and/or after further proceedings, the parties shall be prepared to discuss the following legal and factual issues. To the extent these questions can only be answered by the Government, Government counsel shall make diligent efforts before the call to obtain answers: 1. Do the provisions of 18 U.S.C. Sec. 3626 apply to this case, i.e., is this a "civil action with respect to prison conditions"? Relatedly, is the relief petitioners are seeking a "prisoner release order"? See 18 U.S.C. Sec. 3626(g)(2),(4).2. Although the Second Circuit has "conclude[d] that the class action device should not be imported into collateral actions, as least in its full vigor as contemplated by Rule 23," it has recognized "the power of the judiciary... to fashion for habeas actions appropriate modes of procedure, by analogy to existing rules or otherwise in conformity with judicial usage." U.S. ex rel. Sero v. Preiser, 506 F.2d 1115, 1125 (2d Cir. 1974). In Preiser, the court allowed "a multi-party proceeding similar to the class action" on behalf of young adults serving misdemeanor sentences, because "many of those serving reformatory sentences are likely to be illiterate or poorly educated," "most would not have the benefit of counsel to prepare habeas corpus petitions," and "considerable expenditure of judicial time and energy in hearing and deciding numerous individual petitions presenting the identical issue is thereby avoided." Id. at 1126; see also id. at 1127 ("And although we believe that more stringent standards may be appropriate in deciding whether a habeas action presents substantial and common questions of law or fact, it is apparent that the complaint of the representative parties in this suit states a clear and unitary allegation on behalf of all young adult misdemeanants."). To what extent does this habeas petition satisfy these criteria for "a multi-party proceeding similar to the class action," given that the requested relief includes "bail," "enlargement," or "release" and that such relief ordinarily requires the assessment of the individual circumstances of the applicant, cf. 18 U.S.C. Sec. 3142(g)(3) (directing the court to consider, among other things, "the history and characteristics of the person" when making release determinations)?3. What is the current population and capacity of each of the three facilities at FCI Danbury?4. What is the availability of extra space that might be outfitted for living or quarantine space at each of the three facilities? 5. For each of the three facilities at Danbury FCI, how many written requests based on the circumstances presented by COVID-19 have been made for temporary release, home confinement, or compassionate release (under 18 U.S.C. Secs. 3622, 3624, 3582(c)(1)(A), the CARES Act, or any other authority)? And for each facility, (1) how many such requests have been granted either by the BOP or by the Court, and (2) how many inmates have actually been released - whether it be to home confinement, a half-way house, or otherwise? 6. Which of the named petitioners have sought the relief in paragraph 5, what types of relief have been sought, and what is the status of any requests/motions? (The Court will ask this question first of Petitioners' counsel.)7. How long would it take the Warden to respond to a court order requiring the production of a list of all inmates at each of the three facilities falling within the subclass defined by the petitioners or an alternative subclass based on the CDC's guidance as to vulnerable persons, see https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html? This is not a comprehensive list of the questions the Court will ask. Counsel should be prepared on all issues raised in their papers. Signed by Judge Michael P. Shea on 5/3/2020. (Karpman, Michael)
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| Set Deadlines/Hearings:( Show Cause Response due by 5/5/2020, Telephonic Status Conference set for 5/6/2020 01:00 PM before Judge Michael P. Shea), Set Deadlines as to #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction .(Responses due by 5/5/2020, ) (Johnson, D.) |
| Filing 19 NOTICE of Appearance by Nathaniel Putnam on behalf of Michael Carvajal, D. Easter (Putnam, Nathaniel) |
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Filing 18
ORDER. The Government shall respond to the #14 motion for temporary restraining order by May 5, 2020. If it wishes to do so, the Government may combine this response with its response to the order to show cause. The Court will hold a telephonic status conference on May 6, 2020 at 1:00 p.m. Signed by Judge Michael P. Shea on 5/1/2020. (Karpman, Michael)
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| Filing 17 NOTICE of Appearance by John B. Hughes on behalf of Michael Carvajal, D. Easter (Hughes, John) |
| Filing 16 NOTICE of Appearance by Jillian R. Orticelli on behalf of Michael Carvajal, D. Easter (Orticelli, Jillian) |
| Filing 15 Memorandum in Support re #14 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Attachments: #1 Exhibit O -- Declaration of Miranda McLaurin, #2 Exhibit P -- Second Declaration of Kimberly Hoisington, #3 Exhibit Q -- Declaration of Shannon Battle, #4 Exhibit R -- Declaration of Kimberly Kitts, #5 Exhibit S -- Second Declaration of Christina Korbe, #6 Exhibit T -- Second Declaration of Dianthe Martinez-Brooks, #7 Exhibit U -- Danbury Inmate Bulletin (4/16/20), #8 Exhibit V -- Danbury Inmate Bulletin (4/21/20))(Golub, David) |
| Filing 14 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction (Responses due by 5/21/2020, ) by Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks. (Golub, David) |
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Filing 13
ORDER: In light of the Certification of Service filed by Plaintiffs (ECF No. 12), the response by Respondents to the Court's order to show cause is due on May 5, 2020.Signed by Judge Michael P. Shea on 4/30/2020. (Karpman, Michael)
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| Set Deadlines: Show Cause Response due by 5/5/2020 (Johnson, D.) |
| Filing 12 CERTIFICATE OF SERVICE by Michael Carvajal, Kenneth Cassidy, Rejeanne Collier, D. Easter, Jackie Madore, Dianthe Martinez-Brooks re 11 Order on Motion for Order to Show Cause,,,,,,,, (Golub, David) |
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Filing 11
ORDER: The Court GRANTS in part the Motion for Order to Show Cause (ECF No. 3) as follows: The Clerk shall serve the Petition and a copy of this order on the Respondents, Rules Governing Section 2254 Cases, Rules 1(b) and 4; and the Plaintiffs shall serve a copy of this order and a copy of all of their filings in this action on the United States Attorney's Office for the District of Connecticut by email and shall file proof of confirmation of receipt of such email service on the docket. Within 6 days of the Plaintiffs' filing of proof of such service, the Respondents shall file a response to this order showing cause why the writ should not be granted, the Court finding good cause to allow time beyond the three days specified in 28 U.S.C. Sec. 2243, due to the size and complexity of the plaintiffs' filings. The Court will promptly schedule an initial telephonic status conference with the parties once the Respondents have filed their response; the purpose of the conference, which the Court will endeavor to hold within 36 hours of the filing of the response, will be to discuss the nature and timing of the hearing the Court should hold to adjudicate the petition and any other issues raised in the parties' papers, including but not limited to whether the Court should require Respondents promptly to identify members of the Subclass defined in the Petition, as requested in the Motion for Order to Show Cause. To the extent the Notice of Related Case should be construed as a request to transfer this case to Judge Bolden, it is DENIED. The undersigned, too, has been assigned habeas petitions arising under Section 2241 and brought by inmates at FCI Danbury (see, e.g., Serfass v. Warden, 20cv513), and other judges in this district apart from the undersigned and Judge Bolden likely have been as well. Further, the Foreman case raises several issues not raised in this case, and this case, a putative class action, raises many issues not raised in that case. Signed by Judge Michael P. Shea on 4/29/2020. (Karpman, Michael)
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| Filing 8 NOTICE of Appearance by Tessa Baxter Bialek on behalf of Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks (Bialek, Tessa) |
| Filing 7 NOTICE of Appearance by Jonathan M. Levine on behalf of Kenneth Cassidy, Rejeanne Collier, Jackie Madore, Dianthe Martinez-Brooks (Levine, Jonathan) |
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Filing 10
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 04/27/2020. (Peterson, M)
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/27/2020. (Peterson, M)
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| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
| Filing 6 NOTICE of Appearance by Sarah French Russell on behalf of Kenneth Cassidy, Dianthe Martinez-Brooks, Rejeanne collier, Jackie madore (Russell, Sarah) |
| Filing 5 NOTICE of Appearance by Marisol Orihuela on behalf of Kenneth Cassidy, Dianthe Martinez-Brooks, Rejeanne collier, Jackie madore (Orihuela, Marisol) |
| Filing 4 NOTICE of Appearance by David S. Golub on behalf of Kenneth Cassidy, Dianthe Martinez-Brooks, Rejeanne collier, Jackie madore (Golub, David) |
| Filing 3 MOTION for Order to Show Cause by Kenneth Cassidy, Dianthe Martinez-Brooks, Rejeanne collier, Jackie madore. (Levine, Jonathan) |
| Filing 2 NOTICE of Related Case by Kenneth Cassidy, Dianthe Martinez-Brooks, Rejeanne collier, Jackie madore (Levine, Jonathan) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ACTDC-5825186.), filed by Dianthe Martinez-Brooks, Kenneth Cassidy, Jackie madore, Rejeanne collier. (Attachments: #1 Exhibit Declaration of Jaimie Meyer, M.D., #2 Exhibit Declaration of Professor Judith Resnik, #3 Exhibit Declaration of Dianthe Martinez-Brooks, #4 Exhibit Declaration of Kenneth Cassidy, #5 Exhibit Declaration of Christina Korbe, #6 Exhibit Declaration of Marius (Marie) Mason, #7 Exhibit Declaration of Kimberly Hoisington, #8 Exhibit Declaration of Rafael Almonte, #9 Exhibit Declaration of Tamika Sommerville, #10 Exhibit Declaration of Theresa Forman, #11 Exhibit Declaration of Antrum Coston, #12 Exhibit Declaration of Shannon Benson, #13 Exhibit Declaration of Richard Johnson, #14 Exhibit Declaration of Ronald Harper)(Levine, Jonathan) |
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