BANKS et al v. BOOTH et al
| EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS and KEON JACKSON |
| QUINCY L. BOOTH and LENNARD JOHNSON |
| FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE |
| UNITED STATES |
| 1:2020cv00849 |
| March 30, 2020 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Prisoner Petition: Prison Condition (Other) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
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MINUTE ORDER. The Court is in receipt of the Fraternal Order of Police for the District of Columbia Department of Corrections Labor Committee's #83 Motion for Leave to File an Amicus Curiae Brief in Support of Plaintiffs' Amended Motion for a Preliminary Injunction. The Motion indicates that Defendants oppose the relief requested. The Court ORDERS Defendants to file a Response by JUNE 1, 2020. Signed by Judge Colleen Kollar-Kotelly on 5-28-2020. (lcckk3)
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Set/Reset Deadlines: Defendants' Response to #83 due by 6/1/2020. (dot)
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Filing 83
MOTION for Leave to File Amicus Curiae Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: #1 Text of Proposed Order Text of Proposed Order, #2 Exhibit Amicus Brief with Attachments)(Hannon, J.)
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Filing 82
Memorandum in opposition to re #70 Amended MOTION for Preliminary Injunction filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Attachments: #1 Exhibit Ex A Johnson Supplemental Declaration and Attachments, #2 Exhibit Ex B Jordan Supplemental Declaration and Attachments, #3 Exhibit Ex C Chakraborty Supplemental Declaration and Attachments, #4 Exhibit Ex D Amici Oral Report, #5 Exhibit Ex E Landerkin Declaration and Attachments, #6 Exhibit Ex F Jones Declaration and Attachments, #7 Exhibit Ex G Stewart-Ponder Declaration and Attachments, #8 Exhibit Ex H Lopex Declaration and Attachments, #9 Exhibit Ex I Williams Declaration, #10 Exhibit Ex J Banks Superior Court documents, #11 Text of Proposed Order)(Saindon, Andrew)
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Minute Order. The Court is in receipt of the #81 Second Motion of the Fraternal Order of Police for the District of Columbia Department of Corrections Labor Committee for Leave to Submit an Amicus Curiae Brief in Support of Plaintiffs' Amended Motion for a Temporary Restraining Order. The Court DENIES WITHOUT PREJUDICE the Motion as written. Amici request leave to file a brief in support of an "amended motion for a temporary restraining order." However, such a Motion does not exist. If amici, instead, intended to request leave to file a brief in support of Plaintiffs' amended motion for a preliminary injunction, amici may correct their materials and refile them. Signed by Judge Colleen Kollar-Kotelly on 5-26-2020. (lcckk3)
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Filing 81
Second MOTION for Leave to File Amicus Curiae Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: #1 Text of Proposed Order Proposed Order for Motion, #2 Exhibit Exhibit Proposed Amicus Brief, #3 Exhibit Exhibit 1 to Proposed Amicus Brief, #4 Exhibit Exhibit 2 to Proposed Amicus Brief)(Hannon, J.)
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Filing 80
Memorandum in opposition to re #70 Amended MOTION for Preliminary Injunction filed by UNITED STATES. (Attachments: #1 Declaration of Aaron Sawyer (USMS), #2 Declaration of Andre Matevousian (BOP), #3 Declaration of Stephen Husk (USPC))(Walker, Johnny)
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Filing 79
ORDER granting #78 Motion to Modify. Signed by Judge Colleen Kollar-Kotelly on 5-22-2020. (lcckk3)
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Filing 78
Consent MOTION to Modify the Briefing Schedule by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Text of Proposed Order)(Disney, Pamela)
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Filing 77
Report Submitted by Amicus Curiae pursuant to April 28, 2020 Consent Order. Signed by Judge Colleen Kollar-Kotelly on 5-22-2020. (lcckk3)
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Set/Reset Deadlines: Response to #70 due by 5/26/2020. Plaintiffs' Reply to #70 due by 5/29/2020. (dot)
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Filing 76
ORDER granting #74 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Colleen Kollar-Kotelly on 5-19-2020. (lcckk3) (Main Document 76 replaced on 5/20/2020) (zdot).
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Filing 75
NOTICE of Filing - Redacted Exhibits by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH re #74 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Redacted Miller Decl, #2 Exhibit Redacted Banks Decl)(Marcus, Steven)
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Filing 74
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 24 - Sealed, #2 Exhibit 34 - Sealed, #3 Text of Proposed Order)(Marcus, Steven)
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Filing 73
SEALED DOCUMENT filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. re #70 Amended MOTION for Preliminary Injunction filed by EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS, KEON JACKSON. (This document is SEALED and only available to authorized persons.)(ztd)
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Filing 72
ORDER granting #71 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Colleen Kollar-Kotelly on 5-18-2020. (lcckk3)
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Minute order. The Court is in receipt of Plaintiffs' #70 Amended Motion for Preliminary Injunction. Defendants' response is due May 22, 2020. In responding, the DOC shall address the following issues, in addition to any other issues presented in the Motion. The Court understands that DOC has decided to test all inmates who are transferred to other facilities. The DOC shall explain its position on testing inmates who are being released from custody and testing all inmates currently detained. Additionally, the United States shall address the following issues, in addition to any other issues presented in the Motion. As the DOC is now testing inmates who are being transferred to new facilities, what procedures are currently in place or will soon be in place to move sentenced inmates to other BOP facilities in an expedited manner. Additionally, what procedures are currently in place or will soon be in place for the United States Parole Commission to review all parole detainers in an expedited manner. Signed by Judge Colleen Kollar-Kotelly on 5-18-2020. (lcckk3)
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Filing 71
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 32, #2 Text of Proposed Order)(Marcus, Steven)
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Filing 70
Amended MOTION for Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Supp Meyer Decl, #3 Exhibit 2 - Thomas Decl, #4 Exhibit 3 - Jenkins Decl, #5 Exhibit 4 - Perry Decl, #6 Exhibit 5 - Stankavage Decl, #7 Exhibit 6 - Jaggers Decl, #8 Exhibit 7 - Hightower Decl, #9 Exhibit 8 - Hightower Transcript, #10 Exhibit 9 - K Johnson Decl, #11 Exhibit 10 - Cooper Decl, #12 Exhibit 11 - Horne Decl, #13 Exhibit 12 - D Johnson Decl, #14 Exhibit 13 - Robertson Decl, #15 Exhibit 14 - Ingraham Decl, #16 Exhibit 15 - DOC Docs, #17 Exhibit 16 - Burl Decl, #18 Exhibit 17 - Quarles Decl, #19 Exhibit 18 - Toran Decl, #20 Exhibit 19 - Figures-Mormon Decl, #21 Exhibit 20 - Doe Decl, #22 Exhibit 21 - Warren Decl, #23 Exhibit 22 - Phillip Decl, #24 Exhibit 23 - Randolph Decl, #25 Exhibit 24 - Miller Decl, #26 Exhibit 25 - Barksdale Decl, #27 Exhibit 26 - Lucas Decl, #28 Exhibit 27 - Moseley Decl, #29 Exhibit 28 - P Johnson Decl, #30 Exhibit 29 - Schiraldi Decl, #31 Exhibit 30 - Knight Decl, #32 Exhibit 31 - Musa Rezeine Transcript, #33 Exhibit 32 - Redacted, #34 Exhibit 33 - Swint Decl, #35 Exhibit 34 - Banks Decl, #36 Exhibit 35 - A Jackson Decl, #37 Exhibit 36 - Howard Decl, #38 Text of Proposed Order)(Marcus, Steven)
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Filing 69
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on May 11, 2020; Page Numbers: 1-67. Date of Issuance: May 12, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court rep orter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020.(Edwards, Lisa)
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Minute Order. The Court held a teleconference in this matter on May 11, 2020. A court reporter was present and the public access line was open. Counsel for Plaintiffs, D.C. Defendants, and the United States were in attendance. During the teleconference, the Amici of the Court shared their findings in response to the five questions set out in the April 28, 2020 Consent Order and answered questions from the parties and from the Court. Signed by Judge Colleen Kollar-Kotelly on 5-11-2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 5/11/2020. (Court Reporter Lisa Edwards.) (dot)
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Filing 68
ORDER granting #66 Consent Motion for Protective Order. Signed by Judge Colleen Kollar-Kotelly on 5-7-2020. (lcckk3)
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Filing 67
NOTICE of Proposed Order (Revised) by QUINCY L. BOOTH, LENNARD JOHNSON (Saindon, Andrew)
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Filing 66
Joint MOTION for Protective Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Text of Proposed Order, #2 Exhibit Acknowledgement of Confidentiality)(Saindon, Andrew)
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Filing 65
ERRATA Correcting Error in Deterville Declaration by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH #24 Emergency MOTION to Expedite Hearing on Application for Temporary Restraining Order filed by EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS, KEON JACKSON. (Perloff, Michael)
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Filing 64
MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 5-1-2020. (lcckk3)
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Filing 63
ORDER granting #44 Motion for Joinder. Signed by Judge Colleen Kollar-Kotelly on 5-1-2020. (lcckk3)
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Set/Reset Deadlines/Hearings: Telephone Conference on the record set for 5/11/2020 at 2:00 PM before Judge Colleen Kollar-Kotelly. The amici shall also provide a written report to the Court by 5/20/2020. (dot)
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Minute order. In consultation with amici of the Court as well as both parties, the Court hereby SCHEDULES a teleconference on MAY 11, 2020, at 2:00 p.m. to provide an oral report on the amici's findings in response to the questions set out by the parties. The amici shall also provide a written report to the Court by no later than MAY 20, 2020. Signed by Judge Colleen Kollar-Kotelly on 4-29-2020. (lcckk3)
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Set/Reset Deadlines: Plaintiffs' Amended Motion for Preliminary Injunction due by 5/15/2020. Defendants' Response due by 5/22/2020. Plaintiffs' Reply due by 5/26/2020. (dot)
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Filing 62
Consent ORDER for scheduling Plaintiffs' Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 4-28-2020. (lcckk3)
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Filing 61
RESPONSE re #58 Supplemental Memorandum filed by UNITED STATES. (Walker, Johnny)
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Filing 60
RESPONSE re #58 Supplemental Memorandum in Support of Motion to Join the United States as a Necessary Party filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Saindon, Andrew)
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Filing 59
RESPONSE TO COURT'S ORDER of April 15, 2020 by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Exhibit USPC response)(Saindon, Andrew) Modified text on 4/27/2020 (ztd).
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #58 Supplemental Memorandum. The Court ORDERS that Defendants and the United States have until APRIL 27, 2020 at 4:00 p.m. to file a Response. The Court notes that, in the April 22, 2020 teleconference, Plaintiff stated that it was requesting release of inmates only under habeas provisions. Because the United States has framed its interest as involving only the potential release of inmates, briefing should focus on how the United States is a necessary party to Plaintiffs' habeas claim. Signed by Judge Colleen Kollar-Kotelly on 4-24-2020. (lcckk3)
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Filing 58
SUPPLEMENTAL MEMORANDUM to re #52 Memorandum in Opposition to Defendants' Motion for Joinder filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Marcus, Steven)
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Minute order. The Court conducted a teleconference in this matter on April 22, 2020. During the teleconference, Defendant indicated that it consented to extending the Order on the TRO until at least MAY 15, 2020, in order to give the parties time to brief and the Court time to decide Plaintiffs' Motion for a Preliminary Injunction. The parties shall provide the Court will a proposed schedule for briefing Plaintiffs' Motion for a Preliminary Injunction by 4:00 p.m. on APRIL 28, 2020. The parties shall also consider how the amici of the Court, Grace Lopes and Mark Jordan, can be utilized in this upcoming stage of litigation. Signed by Judge Colleen Kollar-Kotelly on 4-23-2020. (lcckk3)
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Filing 57
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 22, 2020; Page Numbers: 1-32. Date of Issuance: April 22, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/13/2020. Redacted Transcript Deadline set for 5/23/2020. Release of Transcript Restriction set for 7/21/2020.(Edwards, Lisa)
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Filing 56
Memorandum in opposition to re #55 MOTION for Leave to File Reply to Plaintiffs' Opposition to the Motion for Leave to Join the United States as a Party filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Marcus, Steven)
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Set/Reset Hearings: Telephone Conference on the record set for 4/22/2020 at 4:30 PM before Judge Colleen Kollar-Kotelly. (dot)
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Minute order. The Court hereby sets a teleconference in this matter for APRIL 22, 2020 at 4:30 p.m. to discuss a briefing schedule for Plaintiffs' Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 4-22-2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 4/22/2020. Order forthcoming. (Court Reporter Lisa Edwards.) (dot)
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Filing 55
MOTION for Leave to File Reply to Plaintiffs' Opposition to the Motion for Leave to Join the United States as a Party by UNITED STATES (Attachments: #1 Proposed Reply)(Walker, Johnny)
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Filing 54
REPLY to opposition to motion re #44 MOTION for Joinder of United States as a Necessary Party filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Saindon, Andrew)
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Filing 53
RESPONSE to the Court's April 15, 2020 Minute Order re: legal calls by QUINCY L. BOOTH, LENNARD JOHNSON (Saindon, Andrew) Modified text on 4/21/2020 (ztd).
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Filing 52
Memorandum in opposition to re #44 MOTION for Joinder of United States as a Necessary Party filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Marcus, Steven)
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Filing 51
Amended MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 4-20-2020. (Attachments: #1 Atch. 1- Amici Final Report, #2 Atch. 2- Appendix to Final Report) (lcckk3)
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Filing 50
Amended ORDER on Plaintiffs' Motion for a TRO. Signed by Judge Colleen Kollar-Kotelly on 4-20-2020. (lcckk3)
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Errata to the Memorandum Opinion and Order filed on April 19, 2020. The #47 Final Report by Amici was submitted to the parties and counsel by email prior to docketing. Based on that Report, the Court adopted certain findings. Clerical mistakes in the Report were later discovered. Accordingly, the Court corrects its Memorandum Opinion and Order to reflect the corrected findings in the Final Report by Amici. In the Memorandum Opinion, at page 20, it now reads, "In addition to engaging a sanitarian, the defendants shall consider contracting for professional cleaning services on the secure side of the facility at least until a sanitarian is hired to bolster the existing environmental health and safety program at both facilities." And, in the Order, at page 2, it now reads, "In addition to engaging a sanitarian, the defendants shall consider contracting for professional cleaning services on the secure side of the facility at least until a sanitarian is hired to bolster the existing environmental health and safety program at both facilities." Signed by Judge Colleen Kollar-Kotelly on 4-20-2020. (lcckk3)
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Filing 49
MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 4-19-2020. (Attachments: #1 Atch 1- Amici Final Report, #2 Atch. 2- Appendix to Final Report) (lcckk3) (Attachment 1 replaced on 4/20/2020) (zdot). (Attachment 1 replaced on 4/20/2020) (zdot).
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Filing 48
ORDER granting in part and denying in part #5 Motion for TRO. Signed by Judge Colleen Kollar-Kotelly on 4-19-2020. (lcckk3)
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Filing 47
Final Report by Amici Curiae of the Court (Attachments: #1 Appendix Exhibits to Final Report) (lcckk3) (Main Document 47 replaced on 4/20/2020) (zdot). (Main Document 47 replaced on 4/20/2020) (zdot).
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Filing 46
RESPONSE re #44 MOTION for Joinder of United States as a Necessary Party filed by UNITED STATES. (Walker, Johnny)
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Filing 45
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 15, 2020; Page Numbers: 1-112. Date of Issuance: April 16, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/7/2020. Redacted Transcript Deadline set for 5/17/2020. Release of Transcript Restriction set for 7/15/2020.(Edwards, Lisa)
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Filing 44
MOTION for Joinder of United States as a Necessary Party by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A)(Bluming, Micah)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 4/15/2020. (Court Reporter Lisa Edwards.) (dot)
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Minute order. The Court conducted a two-hour teleconference on April 15, 2020 in which amici of the Court Grace Lopes and Mark Jordan shared their preliminary findings. During the teleconference, certain issues were presented, such as difficulties inmates have had in contacting their counsel for confidential legal calls. The Court ORDERS the Department of Corrections to file a Notice by close of business on APRIL 20, 2020, updating the Court on the specific steps that defense attorneys and inmates need to take in order to conduct confidential legal calls. Additionally, the Court briefly discussed Defendants' pending #44 Motion for Joinder of the United States as a Necessary Party. The Court ORDERS the United States to file a response by APRIL 17, 2020, Plaintiffs to file their Opposition by 4:00 p.m. APRIL 20, 2020; and Defendants to file their Reply by 4:00 p.m. APRIL 21, 2020. Signed by Judge Colleen Kollar-Kotelly on 4-15-2020. (lcckk3)
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Filing 43
NOTICE of Filing of Superior Court Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Exhibit Superior Court Order In Re Sentenced Misdemeanants)(Saindon, Andrew)
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Filing 42
SEALED DOCUMENT filed by QUINCY L. BOOTH, LENNARD JOHNSON. (This document is SEALED and only available to authorized persons.)(ztd)
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Filing 41
ORDER granting #40 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Colleen Kollar-Kotelly on 4-14-2020. (lcckk3)
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Filing 40
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by QUINCY L. BOOTH, LENNARD JOHNSON (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Exhibit DOC Revised Pandemic Plan)(Saindon, Andrew)
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Set/Reset Hearings: Telephone Conference on the record set for 4/15/2020 at 2:00 PM before Judge Colleen Kollar-Kotelly. (dot)
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Minute order. In consultation with amicus Grace Lopes as well as both parties, the Court hereby VACATES the deadline for the written summary of the findings which was due April 15, 2020. Instead, the Court will conduct a teleconference on APRIL 15, 2020, at 2:00 p.m. to provide an oral report on the preliminary findings. The written report shall be provided to the Court by no later than APRIL 17, 2020. Signed by Judge Colleen Kollar-Kotelly on 4-13-2020. (lcckk3)
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Filing 39
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 8, 2020 (Afternoon Session); Page Numbers: 1-33. Date of Issuance :April 12, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3267. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purch ased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/3/2020. Redacted Transcript Deadline set for 5/13/2020. Release of Transcript Restriction set for 7/11/2020.(Edwards, Lisa)
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Filing 38
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 7, 2020 (Afternoon Session); Page Numbers: 1-18. Date of Issuance: April 12, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3267. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purch ased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/3/2020. Redacted Transcript Deadline set for 5/13/2020. Release of Transcript Restriction set for 7/11/2020.(Edwards, Lisa)
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Filing 37
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 7, 2020 (Morning Session); Page Numbers: 1-89. Date of Issuance: April 12, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchas ed from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/3/2020. Redacted Transcript Deadline set for 5/13/2020. Release of Transcript Restriction set for 7/11/2020.(Edwards, Lisa)
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Filing 36
ORDER granting #35 Joint Motion for Protective Order. Signed by Judge Colleen Kollar-Kotelly on 4-10-2020. (lcckk3)
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Filing 35
Joint MOTION for Protective Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A)(Bluming, Micah)
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Filing 34
Consent ORDER Appointing Amici of the Court. Signed by Judge Colleen Kollar-Kotelly on 4/9/2020. (lcckk3)
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Minute order. The Court hereby ORDERS that the amici of the Court, Grace Lopes and Mark Jordan, provide the Court with a written summary of their findings by no later than APRIL 15, 2020. If the Court requires additional information, the Court shall request additional explanation at a later date. Signed by Judge Colleen Kollar-Kotelly on 4-9-2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 4/8/2020. (Court Reporter Lisa Edwards.) (dot)
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Filing 33
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on April 8, 2020; Page Numbers: 1-28. Date of Issuance: April 8, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court r eporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/29/2020. Redacted Transcript Deadline set for 5/9/2020. Release of Transcript Restriction set for 7/7/2020.(Edwards, Lisa)
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Minute order. On April 7, 2020, the Court conducted a two-hour video/teleconference on the merits of Plaintiffs' Motion for a Temporary Restraining Order. A court reporter was on the line. Additionally, on that same day, the Court conducted a second teleconference with the parties. Again, a court reporter was on the line. The parties indicated that they are in the process of conferring on an amicus of the Court to inspect the conditions of CTF and CDF. Defendants further indicated that inmates are now receiving 30-minute calls with their counsel rather than the previous 10-minute calls. The Court ORDERS that another teleconference with the parties be conducted APRIL 8. 2020 at 11:00 a.m. so that the parities can provide the Court with names of a potential amicus. Signed by Judge Colleen Kollar-Kotelly on 4-8-2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Video/Telephone Conference on the record held on 4/7/2020. (Court Reporter Lisa Edwards.) (dot)
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Filing 32
NOTICE of Appearance by Pamela A. Disney on behalf of All Defendants (Disney, Pamela)
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Filing 31
NOTICE Regarding Additional COVID-19 Cases in DOC Custody by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Marcus, Steven)
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Filing 30
MOTION for Leave to Appear by Video and Present Oral Argument by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: #1 Text of Proposed Order)(Hannon, J.)
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Filing 29
NOTICE of Supplemental Declarations re: Amicus Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: #1 Exhibit Exhibit A 25-2 Exhibit A DOC Supply List, #2 Exhibit Exhibit B 2020.04.03 COVID19-Presentation, #3 Exhibit Exhibit C PPE SNI Assorted items as of April 1 2020-, #4 Exhibit Exhibit D 2020.04.03 DOC Notification to FOPApril 1 2020-, #5 Exhibit Exhibit E 2020.04.03 Booth Open Letter-Schedule Modification, #6 Exhibit Exhibit F 2020.04.03 DOC Response to FOP Request for Information, #7 Exhibit Exhibit G 2020.04.05 Shift Two Roster)(Hannon, J.)
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Minute order. The Court is in receipt of the Fraternal Order of Police Department Corrections Labor Committees' #30 Motion for Leave to Appear by Video and Present Oral Argument. The Court DENIES the Motion. Only representatives of the parties will be on the video-conference. Signed by Judge Colleen Kollar-Kotelly on 4-6-2020. (lcckk3)
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Filing 28
ERRATA Correcting Typographical Error in Guillory Declaration by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH #26 Reply to opposition to Motion, filed by EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS, KEON JACKSON. (Attachments: #1 Exhibit Phillips Declaration, #2 Errata Corrected Guillory Declaration)(Marcus, Steven)
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Filing 27
NOTICE CERTIFICATION OF DECLARATIONS re: AMICUS CURIAE BRIEF by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Hannon, J.)
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Filing 26
REPLY to opposition to motion re #5 Emergency MOTION for Temporary Restraining Order filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Attachments: #1 Exhibit Dorchy Declaration, #2 Exhibit Guillory Declaration, #3 Exhibit Randolph Declaration, #4 Exhibit Cohen Declaration, #5 Exhibit Fowler Declaration, #6 Exhibit Winters Declaration, #7 Exhibit Johnson Declaration)(Marcus, Steven)
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Set/Reset Hearings: Motion Hearing set for 4/7/2020 at 10:00 AM before Judge Colleen Kollar-Kotelly. (dot)
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Filing 25
Memorandum in opposition to re #5 Emergency MOTION for Temporary Restraining Order filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Bluming, Micah)
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Filing 24
Emergency MOTION to Expedite Hearing on Application for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: #1 Exhibit Deterville Declaration, #2 Exhibit Nesbitt Declaration, #3 Text of Proposed Order)(Marcus, Steven)
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Minute order. The Court is in receipt of Plaintiffs' #10 Sealed Motion for Leave to File Documents Under Seal. Plaintiffs request to file documents under seal which contain personally identifying information. Plaintiffs have filed these documents on the docket in redacted form. Plaintiffs' Motion is GRANTED pending further Order of the Court. The Court is also in receipt of Defendants' #22 Sealed Motion for Leave to File Document Under Seal. Defendants request to file the document under seal as it contains confidential information relating to safety and security procedures. Defendants' Motion is GRANTED pending further Order of the Court. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)
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Minute order. The Court is in receipt of proposed amici the Fraternal Order of Police Department of Corrections Labor Committee's #23 Motion to File Amicus Curiae Brief. The Motion indicates that Defendants oppose the relief requested. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the #23 Motion. The Court is also in receipt of Plaintiffs' #24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the relief requested. Defendants shall further respond to Plaintiffs' attached Declarations indicating that COVID-19 procedures are not being followed and that there is a different pandemic plan than that which was filed by Defendants. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)
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Minute order. The Court is in receipt of Plaintiffs' #24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. The Court recognizes the seriousness of the issues presented. As such, the Court ORDERS Plaintiffs to file their Reply in support of their Motion for a Temporary Restraining Order by APRIL 4, 2020 at 5:00 p.m. The Court further VACATES the teleconference which was set for April 6, 2020. Instead, the Court SCHEDULES a videoconference on the merits of Plaintiffs' Motion for a Temporary Restraining Order for APRIL 7, 2020 at 10:00 a.m. The Court will send the parties instructions on how to access the videoconference. The Court is also in receipt of the #23 Motion for Leave to File an Amicus Curiae Brief by the Fraternal Order of Police Department of Corrections Labor Committee. Defendants oppose the relief requested on the grounds that the amicus brief discusses some unrelated matters and is inadequately supported. Despite these arguments, the Court GRANTS the #23 Motion. The Court finds that the amicus brief will assist the Court in its analysis of certain issues. In considering the amicus brief, the Court will give the brief the weight it considers appropriate on the issues that are relevant. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)
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Filing 23
MOTION for Leave to File Amicus Curiae Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: #1 Text of Proposed Order Proposed Order to Motion for Leave to File Amicus Brief, #2 Exhibit Proposed Amicus Brief, #3 Exhibit Exhibit A to Proposed Amicus Brief, #4 Exhibit Exhibit B to Proposed Amicus Brief, #5 Exhibit Exhibit C to Proposed Amicus Brief, #6 Exhibit Exhibit D to Proposed Amicus Brief, #7 Exhibit Exhibit E to Proposed Amicus Brief, #8 Exhibit Exhibit F to Proposed Amicus Brief, #9 Exhibit Exhibit G to Proposed Amicus Brief, #10 Exhibit Exhibit H to Proposed Amicus Brief, #11 Exhibit Exhibit I to Proposed Amicus Brief)(Hannon, J.)
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Filing 22
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by QUINCY L. BOOTH, LENNARD JOHNSON (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Exhibit DOCs Pandemic Plan November 2009)(Saindon, Andrew)
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Filing 21
RESPONSE to Order of the Court (Second) in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Exhibit, #2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd).
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Filing 20
RESPONSE to Order of the Court in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Exhibit, #2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd).
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Filing 19
RESPONSE TO COURT ORDER April 1, 2020 Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Saindon, Andrew) Modified text on 4/1/2020 (ztd).
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Filing 18
TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on March 31, 2020; Page Numbers: 1-58. Date of Issuance: April 1, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/22/2020. Redacted Transcript Deadline set for 5/2/2020. Release of Transcript Restriction set for 6/30/2020.(Edwards, Lisa)
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Minute order. The Court conducted a teleconference in this matter on March 31, 2020. A court reporter was present. An official transcript of the teleconference will be made available by April 1, 2020 at noon providing counsel with additional details about the material requests. In summary, the court ORDERS Defendants to provide specified information to the Court by APRIL 1, 2020 at 1:00 p.m. through a Notice filed on the docket. The Defendants shall provide a list of the names of the approximately 94 inmates who have been sentenced to misdemeanors and who Defendants are considering for release; the numbers of people who have been tested for COVID-19 and a break-down of the identities of those individuals (such as inmates, visitors, etc.) and the results of those tests; the date on which Defendants began testing people coming into the jails; the number and a breakdown of the results of COVID-19 tests which have been done on those who were incarcerated prior to the date on which Defendants began testing all incoming inmates; all relevant written procedures and practices concerning COVID-19; and Defendants process which is in place or will be put in place to allow legal counsel to communicate with their clients electronically or by other means. Additionally, by APRIL 2, 2020, Defendants shall provide Declarations about the processes and procedures actually in place and the current conditions of the jail, concentrating on Plaintiffs' requests for relief 2-9. Finally, the Court ORDERS that by APRIL 3, 2020 at 4:30 p.m. Defendants shall provide a response to Plaintiffs' Motion for a Temporary Restraining Order in the form of legal briefing on the merits of Plaintiffs' 5th and 8th Amendment claims as well as on the need for an independent monitor and expert. Plaintiffs shall file a Reply by 5:00 p.m. on APRIL 5, 2020. Additionally, the Court is STAYING Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction, Complaint, and Motion for Class Certification until the Court has resolved the Motion for a Temporary Restraining Order. The Court schedules a further teleconference in this matter for APRIL 6, 2020 at 9:30 a.m. to discuss how to proceed in this matter. Signed by Judge Colleen Kollar-Kotelly on 4-1-2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 3/31/2020. Telephone Conference on the record set for 4/6/2020 at 9:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)
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Filing 17
NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah)
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Filing 16
NOTICE of Amended Proposed Orders for Temporary Restraining Order and Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH re #6 MOTION for Preliminary Injunction , #5 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Exhibit Amended Proposed Order for TRO, #2 Exhibit Amended Proposed Order for PI)(Marcus, Steven)
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Filing 15
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/31/2020. (DM)
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Filing 14
NOTICE of Appearance by Andrew J. Saindon on behalf of All Defendants (Saindon, Andrew)
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Filing 13
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/31/2020. Answer due for ALL D.C. DEFENDANTS by 4/21/2020. (Marcus, Steven)
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Filing 12
NOTICE of Appearance by Jonathan William Anderson on behalf of All Plaintiffs (Anderson, Jonathan)
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Filing 11
NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael)
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Set/Reset Hearings: Telephone Conference on the record set for 3/31/2020 at 4:30 PM before Judge Colleen Kollar-Kotelly. (dot)
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MINUTE ORDER. The Court shall conduct a teleconference in this matter on MARCH 31, 2020 at 4:30 p.m. to discuss scheduling for Plaintiffs' pending Motion for a Temporary Restraining Order. The Court shall provide counsel with instructions for dialing into the teleconference. Signed by Judge Colleen Kollar-Kotelly on 3-30-2020. (lcckk3)
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Filing 10
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. 4 - Declaration, #3 Exhibit Ex. 5 - Declaration, #4 Exhibit Ex. 6 - Declaration, #5 Exhibit Ex. 7 - Declaration)(Marcus, Steven)
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Filing 9
NOTICE of Appearance by Jenna Marie Cobb on behalf of All Plaintiffs (Cobb, Jenna)
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Filing 8
NOTICE of Appearance by Steven D. Marcus on behalf of All Plaintiffs (Marcus, Steven)
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Filing 7
SUMMONS (4) Issued Electronically as to QUINCY L. BOOTH, LENNARD JOHNSON, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: #1 Notice and Consent)(zmc)
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Filing 6
MOTION for Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: #1 Memorandum in Support of PI, #2 Exhibit Combined Exhibits in Support of PI, #3 Text of Proposed Order)(Marcus, Steven)
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Filing 5
Emergency MOTION for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: #1 Memorandum in Support of TRO, #2 Exhibit Combined Exhibits in Support of TRO, #3 Text of Proposed Order, #4 Certificate of Service)(Marcus, Steven)
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Filing 4
NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur)
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Filing 3
MOTION to Certify Class by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: #1 Exhibit Anderson Declaration, #2 Exhibit Spitzer Declaration, #3 Text of Proposed Order)(Marcus, Steven). Added MOTION to Appoint Lead Counsel on 3/31/2020 (znmw).
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Filing 2
NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott)
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Filing 1
COMPLAINT against QUINCY L. BOOTH, LENNARD JOHNSON ( Filing fee $ 400 receipt number ADCDC-6970731) filed by ERIC SMITH, EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS. (Attachments: #1 Exhibit Stern Declaration, #2 Exhibit DOC Questionnaire, #3 Summons, #4 Civil Cover Sheet)(Marcus, Steven)
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Case assigned to Judge Colleen Kollar-Kotelly. (zmc)
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