KRESS et al v. CCA OF TENNESSEE, LLC et al
| ALAN KRESS, BILLY FORD, ERIC STAGGS, RANDY CARR and TIMOTHY-PATRICK TREACY |
| CCA OF TENNESSEE, LLC doing business as CORRECTIONS CORPORATION OF AMERICA, MARION COUNTY SHERIFF FRANK ANDERSON, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY and DR. NEIL PROBST |
| 1:2008cv00431 |
| April 2, 2008 |
| US District Court for the Southern District of Indiana |
| Civil Rights: Other Office |
| Marion |
| debra mcVicker lynch |
| Larry J McKinney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 159 MANDATE of USCA as to #144 Notice of Appeal filed by RANDY CARR, ALAN KRESS - The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (TMA) |
| Filing 158 Appeal Remark re #144 Notice of Appeal : Long record received and docketed by the USCA. (TMA) |
| Filing 157 Certified and Transmitted Record on Appeal to US Court of Appeals, via email, re #144 Notice of Appeal. (TMA) |
Filing 156
ORDER of USCA as to #140 Notice of Appeal filed by RANDY CARR, ALAN KRESS - Upon consideration of the MOTION TO DISMISS APPELLANTS BILLY FORD AND TIMOTHY-PATRICK TREACY, filed on November 14, 2011, by counsel for the appellants, IT IS ORDERED that this appeal is DISMISSED, in accordance with Federal Rule of Appellate Procedure 42(b), ONLY AS TO APPEALLANTS BILLY FORD AND TIMOTHY-PATRICK TREACY. THIS APPEAL REMAINS ACTIVE as to the other parties. (TMA)
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Filing 155
ORDER granting #154 Motion to Withdraw appearance of Marc Pe-Caine Sultzer on behalf of the deft-Marion County Shefiff Frank Anderson. Signed by Judge Larry J. McKinney on 11/2/2011. (CBU)
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| Filing 154 MOTION to Withdraw Appearance of Marc Pe-Caine Sultzer, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Haley, Jennifer) |
| Filing 153 MANDATE of USCA as to #140 Notice of Appeal filed by RANDY CARR and ALAN KRESS-Counsel for the appellants has filed motions to dismiss the appeal, reinstate the second and transfer the filing fee and those motions are granted. The mandate in appeal 11-2950 is RECALLED and the appeal is REINSTATED. Appeal 11-2947 is voluntarily dismissed. (Attachments: #1 Cert Copy of Order)(CBU) |
| Filing 152 ****MANDATE IS RECALLED AND THE APPEAL IS REINSTATED***MANDATE of USCA as to #144 Notice of Appeal filed by RANDY CARR and ALAN KRESS is dismissed for failure to timely pay the required docketing fee (Attachments: #1 Certified Copy of Final Order)(CBU) Modified on 9/22/2011 (CBU). |
| Filing 151 SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by PLTFS re #144 Notice of Appeal-Not ordering a transcript (CBU) |
| Filing 150 DESIGNATION of Record on Appeal by RANDY CARR, ALAN KRESS re #144 Notice of Appeal (Attachments: #1 Designation of Documents)(Ogden, Paul) |
| Filing 149 USCA Case Number 11-2950 for #144 Notice of Appeal filed by RANDY CARR, ALAN KRESS. (Attachments: #1 Circuit Rule 3(b) Notice)(TMA) |
| Filing 148 USCA Case Number 11-2947 for #140 Notice of Appeal filed by RANDY CARR, ALAN KRESS. (TMA) |
| Filing 147 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #144 Notice of Appeal. - for Court of Appeals Use Only. (TMA) |
| Filing 146 SEVENTH CIRCUIT APPEAL INFORMATION SHEET re #144 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) |
| Filing 145 DOCKETING STATEMENT by RANDY CARR, ALAN KRESS re #144 Notice of Appeal (Ogden, Paul) |
| Filing 144 NOTICE OF APPEAL as to #139 Order on Motion to Amend/Correct, #111 Order on Motion to Certify Class, #132 Order on Motion for Summary Judgment, #121 Order on Motion for Reconsideration, #133 Closed Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Ogden, Paul) Modified on 9/22/2011 (WJC). |
| Filing 143 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #140 Notice of Appeal. - for Court of Appeals Use Only. (TMA) |
| Filing 142 SEVENTH CIRCUIT APPEAL INFORMATION SHEET re #140 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) |
| Filing 141 DOCKETING STATEMENT by RANDY CARR, ALAN KRESS re #140 Notice of Appeal (Ogden, Paul) |
| Filing 140 NOTICE OF APPEAL as to #139 Order on Motion to Amend/Correct, #132 Order on Motion for Summary Judgment, #133 Closed Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. Filing fee $ 455, receipt number 0756-2075212. (Ogden, Paul) |
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Filing 139
ORDER denying Plaintiffs' #134 Motion to Amend in its entirety. The 4/13/2011 Order granting summary judgment to Defendants remains in effect (S.O.). Signed by Judge Larry J. McKinney on 7/26/2011. (MAC)
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| Filing 138 REPLY in Support of Motion re #134 MOTION to Amend/Correct #132 Order on Motion for Summary Judgment, #133 Closed Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Ogden, Paul) |
| Filing 137 NOTICE of Additional Authority, filed by Plaintiffs RANDY CARR, ALAN KRESS, re #135 Brief/Memorandum in Support of Motion. (Ogden, Paul) |
| Filing 136 RESPONSE in Opposition re #134 MOTION to Amend/Correct #132 Order on Motion for Summary Judgment, #133 Closed Judgment and Petition for Attorneys' Fees, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
| Filing 135 BRIEF/MEMORANDUM in Support re #134 MOTION to Amend/Correct #132 Order on Motion for Summary Judgment, #133 Closed Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Attachments: #1 Exhibit A (Roberts and Bishop Attorney Bill))(Ogden, Paul) |
| Filing 134 MOTION to Amend/Correct #132 Order on Motion for Summary Judgment, #133 Closed Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
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Filing 133
CLOSED JUDGMENT - Through an Order dated April 13, 2011, the Court granted summary judgment in favor of defendants, CCA of Tennessee, LLC et al, and against plaintiffs, Alan Kress and Randy Carr on behalf of a class of those similarly situated, on plaintiffs' complaint under 42 U.S.C. 1983. Judgment is entered accordingly. Signed by Judge Larry J. McKinney on 4/13/2011.(REO)
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Filing 132
ORDER - Defendants' Motion for Summary Judgment #122 is GRANTED in its entirety. Judgment shall issue accordingly. Signed by Judge Larry J. McKinney on 4/13/2011. (See order for specific details.) (REO)
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| Filing 131 Final Witness and Exhibit List, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS.(REO) |
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Filing 130
ORDER granting #128 Motion for Leave to File BELATED FINAL WITNESS AND EXHIBIT LIST. This court having considered said motion and being otherwise duly advised in the premises, grants said Motion. The witness and exhibit list attached to Plaintiffs' Motion is ordered filed with this Court. Signed by Judge Larry J. McKinney on 4/08/2011. (REO)
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| Filing 129 Exhibit List Final, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON, Witness List Final, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Sultzer, Marc) |
| Filing 128 MOTION for Leave to File Final Witness and Exhibit List, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Lenkowsky, Adam) |
| Filing 127 Exhibit List, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST, Witness List, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
| Filing 126 MOTION for Extension of Time to April 7, 2011, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Sultzer, Marc) |
| Filing 125 REPLY in Support of Motion re #122 MOTION for Summary Judgment, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
| Filing 124 RESPONSE in Opposition re #122 MOTION for Summary Judgment, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Attachments: #1 Exhibit A (Carr Deposition), #2 Exhibit B (Kress Affidavit), #3 Exhibit C (Harkness Affidavit), #4 Exhibit D (Treacy Affidavit))(Ogden, Paul) |
| Filing 123 BRIEF/MEMORANDUM in Support re #122 MOTION for Summary Judgment, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
| Filing 122 MOTION for Summary Judgment, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Exhibit A - Plaintiff Alan Kress Response to CCA's Second Set of Interrogatories, #2 Exhibit B - Plaintiff Randy Carr's Response to CCA's Second Set of Interrogatories, #3 Exhibit C - Randy Carr Deposition Excerpts, #4 Exhibit D - Affidavit of Warden Jeff Conway, #5 Exhibit E - Alan Kress Deposition Excerpts)(Hahn, William) |
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Filing 121
ORDER denying #113 Motion for Reconsideration. Signed by Judge Larry J. McKinney on 1/25/2011. (See order for specific details.) (REO)
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Filing 120
ORDER granting #119 Motion for Extension of Time to File. Dispositive motions are now to be filed on or before January 28, 2011. Signed by Judge Larry J. McKinney on 1/21/2011. (REO)
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| Filing 119 Unopposed MOTION for Extension of Time to January 28, 2011 for Dispositive Motions Deadline, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Text of Proposed Order Proposed Order on Agreed Motion for Four Day Enlargment of Dispositive Motions Deadline)(Hahn, William) |
| Filing 118 RESPONSE in Opposition re #113 MOTION for Reconsideration re #111 Order on Motion to Certify Class as to Facility-Wide Order to Eliminate Third Pill Call Round Motion for Sanctions, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
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Filing 117
ORDER granting #116 Motion for Extension of Time to File - dispositive motions are now to be filed on or before January 24, 2011. Signed by Judge Larry J. McKinney on 1/6/2011. (REO)
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| Filing 116 Unopposed MOTION for Extension of Time to January 24, 2011 for Dispositive Motions Deadline, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Text of Proposed Order Order on Agreed Motion for Enlargement of Dispositive Motions Deadline)(Hahn, William) |
| Filing 115 REPLY in Support of Motion re #113 MOTION for Reconsideration re #111 Order on Motion to Certify Class as to Facility-Wide Order to Eliminate Third Pill Call Round and REquest for Sanctions for CCA Defendants' Perjured Deposition Testimony, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Attachments: #1 Exhibit A (Dr. Probst's Deposition), #2 Exhibit B (Little's Deposition))(Ogden, Paul) |
| Filing 114 RESPONSE in Opposition re #113 MOTION for Reconsideration re #111 Order on Motion to Certify Class as to Facility-Wide Order to Eliminate Third Pill Call Round, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Exhibit Exhibit A - Affidavit of Neil Propst, #2 Exhibit Exhibit B - Alan Kress Deposition Excerpts)(Hahn, William) |
| Filing 113 MOTION for Reconsideration re #111 Order on Motion to Certify Class as to Facility-Wide Order to Eliminate Third Pill Call Round, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Ogden, Paul) |
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Filing 112
ORDER granting #110 agreed motion to enlarge the fact discovery period thru 1/11/11. Signed by Magistrate Judge Debra McVicker Lynch on 12/2/2010. (TMA)
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Filing 111
ORDER granting in part and denying in part #29 Motion to Certify Class - Class Certification is GRANTED as to Counts Three, Four, Ten, Twelve, Fourteen, Eighteen, and Twenty and DENIED as to all other Counts of Plaintiffs' Amended Complaint. The Court will conditionally certify a class as follows: "Any and all persons currently, or who will be in the future, confined in the Jail #2 facility." Counts One, Two, Seven, Eight, Nine, Eleven, Thirteen, Sixteen, Seventeen, and Nineteen are DISMISSED in theirentirety. Additionally, all of Plaintiffs' claims in their individual capacities under Counts Three, Four, Ten, Twelve, Fourteen, Eighteen, and Twenty are DISMISSED as moot. Signed by Judge Larry J. McKinney on 12/1/2010. (See order for further details.) (REO)
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| Filing 110 MOTION for Extension of Time to 40 days after ruling on pending motion for class certification for fact discovery, filed by Defendant CCA OF TENNESSEE, LLC. (Attachments: #1 Text of Proposed Order)(Hahn, William) |
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Filing 109
ORDER - Plaintiffs' Motion for the Entry of an Injunction on the Issue of Grievances and to set Dates Regarding the Filing of a Fee Petition #92 is DENIED. In addition, Counts Five, Six, and Fifteen of Plaintiffs' Amended Complaint, alleging that Defendants violated the grievance processes in the PLRA and Indiana Jail Standards, are DISMISSED. Signed by Judge Larry J. McKinney on 11/16/2010. (REO)
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Filing 108
ORDER granting #101 MOTION to Dismiss Eric Staggs as Named Plaintiff. ERIC STAGGS terminated. Signed by Judge Larry J. McKinney on 11/16/2010.(REO)
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| Filing 107 REPLY in Support of Motion re #29 MOTION to Certify Class, filed by Plaintiffs RANDY CARR, ALAN KRESS. (Attachments: #1 Exhibit A (Carr Deposition), #2 Exhibit B (Kress Deposition), #3 Exhibit C (Transcript of April 29, 2008 Hearing))(Ogden, Paul) |
| Filing 106 RESPONSE in Opposition re #29 MOTION to Certify Class, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Exhibit Affidavit of Warden Jeff Conway, #2 Exhibit Deposition of Alan Lynn Kress, #3 Exhibit Deposition of Randy Carr)(Hahn, William) |
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Filing 105
ORDER granting #103 Motion for Extension of Time to File Response to 10/22/2010 re #29 MOTION to Certify Class. Signed by Magistrate Judge Debra McVicker Lynch on 10/18/2010. (TMA)
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| Filing 104 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Telephone Status Conference held on 10/7/10. The time for the defendants' response to the motion for class certification is extended to 10/15/10; the plaintiffs' reply is due 11/01/10. Plaintiff Staggs will file a motion to dismiss his claim; plaintiff Ford withdraws his request to be a class representative. The remaining proposed class representatives are Mr. Kress and Mr. Carr. Signed by Magistrate Judge Debra McVicker Lynch. (TMA) |
| Filing 103 Unopposed MOTION for Extension of Time to 10/22/10 to file response to #29 MOTION to Certify Class, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Enlargment)(Hahn, William) |
| Filing 102 NOTICE Regarding Plaintiff Billy Ford, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS (Ogden, Paul) |
| Filing 101 MOTION to Dismiss Eric Staggs as Named Plaintiff, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
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Filing 100
ORDER granting #99 Motion for Extension of Time to File Response to #29 MOTION to Certify Class. Defendants' response to Plaintiffs' motion for class certification is now due on or before October 8, 2010. Signed by Judge Larry J. McKinney on 10/4/2010. (REO)
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| Filing 99 Unopposed MOTION for Extension of Time to October 8, 2010 to file response to #29 MOTION to Certify Class, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Text of Proposed Order Proposed Order)(Hahn, William) |
| Filing 98 REPLY in Support of Motion re #92 MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Ogden, Paul) |
| Filing 97 NOTICE Regarding Plaintiff Eric Staggs, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS (Ogden, Paul) |
| Filing 96 RESPONSE in Opposition re #92 MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: #1 Exhibit Exhibit 1: Affidavit of Warden Jeff Conway)(Hahn, William) |
| Filing 95 Witness List and Exhibit List, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY. (DWH) |
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Filing 94
ORDER: GRANTED #93 Motion. The witness and exhibit list attached to Plaintiffs' Motion is ordered filed with this Court. Signed by Judge Larry J. McKinney on 8/18/2010. (DWH)
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| Filing 93 MOTION to File Belated Witness and Exhibit List, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Attachments: #1 Text of Proposed Order, #2 Exhibit Preliminary Witness and Exhibit List)(Ogden, Paul) |
| Filing 92 MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Attachments: #1 Text of Proposed Order)(Ogden, Paul) |
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Filing 91
SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the Bench Trial to begin on Monday, July 11, 2011, at 9:00 a.m., in Courtroom 202, and the Final Pretrial Conference for Friday, June 24, 2011, at 10:00 a.m., in Room 204, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Larry J. McKinney on 7/23/2010.(REO)
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| Filing 90 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Telephone Status Conference held on 7/21/2010. Telephonic Status Conference set for 10/7/2010 09:30 AM before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch. (TMA) |
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Filing 89
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 12/1/2010. Dispositive Motions due by 1/5/2011. Signed by Magistrate Judge Debra McVicker Lynch on 7/23/2010. c/m (TMA)
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| Filing 88 NOTICE Regarding Case Managment Plan, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY, re #87 Case Management Plan Tendered by. (Ogden, Paul) |
| Filing 87 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY, Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON, NEIL PROBST. (Ogden, Paul) |
| Filing 86 NOTICE of Appearance by Jennifer Lynn Haley on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Haley, Jennifer) |
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Filing 85
ORDER - The stay on discovery and briefing in this case (Dkt. No. 57) is LIFTED. A telephonic status conference is set before Magistrate Judge Lynch on Wednesday, July 21, 2010, at 10:30 a.m. Counsel shall call 317-229-3630. The parties shall confer and file a proposed Case Management Plan by Friday, July 16, 2010, which they shall be prepared to discuss at the status conference. The parties shall proceed in accordance with the foregoing findings of facts and conclusions of law. In addition, Defendants' motion to admit certain testimony that was given at the hearing held on Plaintiffs' Motion for Rule to Show Cause is DENIED AS MOOT. See order for specific details. Signed by Judge Larry J. McKinney on 7/2/2010.(REO)
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| Filing 84 ENTRY approving #83 Notice of Substitution of Appearance filed by MARION COUNTY SHERIFF FRANK ANDERSON. Attorney Jonathan Lamont Mayes terminated. Signed by Judge Larry J. McKinney on 5/18/2010. (Marginal Notation)(TRG) |
| Filing 83 NOTICE of Substitution of Appearance by Marc Pe-Caine Sultzer replacing Jonathan L. Mayes on behalf of MARION COUNTY SHERIFF FRANK ANDERSON (Sultzer, Marc) |
| Filing 82 NOTICE of Reply in Support of Submission of Additional Evidence, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY, re #80 Notice (Other). (Ogden, Paul) |
| Filing 81 RESPONSE re #80 Notice (Other) of Additional Evidence Regarding Effect of Greivances [sic] on CCA's Accreditation, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) |
| Filing 80 NOTICE of Additional Evidence Regarding Effect of Grievances on CCA's Accreditation, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY (Attachments: #1 Exhibit 1 (ALDF Outcome Measure Worksheet)) (Ogden, Paul) |
| Filing 79 ENTRY for evidentiary hearing held before Judge Larry J. McKinney on 3/18/2010: Plaintiff, Eric Staggs, appeared by counsel, and plaintiffs, Alan Kress, Billy Ford, Timothy-Patrick Treacy, and Randy Carr, appeared in person and by counsel. Defendants, CCA of Tennessee, LLC d/b/a Corrections Corporation of America, Neil Probst, Timothy Little, and Marion County Sheriff Frank Anderson, appeared by counsel, and defendants, Warden Jeff Conway and Virginia Lee, appeared in person and by counsel. The Court heard testimony, admitted evidence, heard argument, and took the matter under advisement. The Court also took the admissibility of testimony previously given in a preliminary injunction hearing under advisement. (Court Reporter Cathy Jones.) (TRG) |
| Filing 78 STIPULATION, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY-PATRICK TREACY, Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON, NEIL PROBST. (Attachments: #1 Exhibit A - Marion County Sheriff's Grievance Procedure)(Lenkowsky, Adam) |
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Filing 77
ENTRY Vacating Order to Produce Eric Staggs for Court Proceeding - The Order issued requiring the custodian of Eric Staggs, DOC #914569, to produce Mr. Staggs at a hearing to be conducted on March 18, 2010, is VACATED. No other order to produce issued for the production of any other inmate is affected by this Entry. Signed by Judge Larry J. McKinney on 3/17/2010.(TRG)
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Filing 76
***VACATED PURSUANT TO ENTRY DATED 3/17/2010***ORDER to Produce Inmate at Court Proceeding - Superintendent ordered to produce Eric Staggs on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG) Modified on 3/17/2010 (TRG).
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Filing 75
ORDER to Produce Inmate at Court Proceeding - Superintendent ordered to produce Randy Carr on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG)
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Filing 74
ORDER to Produce Inmate at Court Proceeding - Superintendent ordered to produce Alan Kress on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG)
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Filing 73
SCHEDULING ORDER: The Court hereby VACATES the March 17, 2010, evidentiary hearing in this matter(Dkt. No. #72 ) and RESETS it for Thursday, March 18, 2010, at 10:30 a.m., Courtroom 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Larry J. McKinney on 3/3/2010.(TRG)
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Filing 72
SCHEDULING ORDER:The Court hereby SETS this matter for an evidentiary hearing on 3/17/2010 at 09:00 AM in room #202 before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 2/24/2010.(TRG)
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| Filing 71 Reassignment of Case to Judge Larry J. McKinney. Judge David Frank Hamilton no longer assigned to the case. Please include the new case number ( 1:08-cv-00431-LJM-DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (TRG) |
| Filing 70 NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Overholt, Anthony) |
| Filing 69 TRIAL BRIEF Reply by CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, NEIL PROBST. (Hahn, William) |
| Filing 68 TRIAL BRIEF REGARDING CCA'S FAILURE TO MAKE GRIEVANCE PROCESS AVAILABLE TO PLAINTIFFS by all plaintiffs. (Ogden, Paul) |
| Filing 67 PRETRIAL MEMORANDUM by CCA OF TENNESSEE, LLC. (Hahn, William) |
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Filing 66
ORDER granting #65 agreed motion by the parties seeking to enlarge the schedule for submitting hearing briefs by fourteen (14) days. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 5/13/2009. (TMA)
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| Filing 65 MOTION Agreed Motion to Amend Hearing Briefing Schedule regarding Platintiffs' Exhaustion of Administrative Remedies, filed by Defendant CCA OF TENNESSEE, LLC. (Attachments: #1 Text of Proposed Order Order Regarding Agreed Motion)(Hahn, William) |
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Filing 64
ORDER denying #61 Plaintiffs' Motion to Reconsider Court's Entry on Discovery Issue Raised at February 3, 2009 Pretrial Conference. (See Order) Signed by Magistrate Judge Debra McVicker Lynch on 4/13/2009. (TMA)
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| Filing 63 NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge David Frank Hamilton on 04-29-08. (Pratt, Fred) |
| Filing 62 TRANSCRIPT of Proceedings held on 4-29-08, before Judge David Frank Hamilton. Court Reporter/Transcriber Fred Pratt, Telephone number (317) 916-8209. 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.. Redaction Statement due 3/26/2009. Release of Transcript Restriction set for 6/3/2009. (Pratt, Fred) Released on 6/3/2009 (TLH). |
| Filing 61 MOTION for Reconsideration re #59 Entry on Discovery Issue Raised at February 3, 2009 Pretrial Conference, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) |
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Filing 60
ORDER granting #56 Motion to Reinstate Timothy-Patrick Treacy as Named Plaintiff. Signed by Judge David Frank Hamilton on 2/27/2009. (LBK)
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| Filing 59 ENTRY on Discovery Issue raised at the 2/3/09 Pretrial Conference (S.E.). Signed by Magistrate Judge Debra McVicker Lynch on 2/19/2009.(MAC) |
| Filing 58 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Pretrial Conference held on 2/3/09. (See Entry) (TMA) |
| Filing 57 ENTRY on Case Management Issues. Briefing on Motion for Class Certification is STAYED (See Entry). Signed by Magistrate Judge Debra McVicker Lynch on 2/2/09. (TMA) |
| Filing 56 MOTION to Reinstate Timothy-Patrick Treacy as Named Plaintiff, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Affidavit of Tim Treacy (Exhibit A), #2 Text of Proposed Order)(Ogden, Paul) Modified on 1/20/2009 (LBK). |
| Filing 55 Minute Entry for proceedings held before Judge David Frank Hamilton: Status Conference held on 1/12/2009. (WJC) |
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Filing 54
SCHEDULING ORDER: Telephonic Scheduling Conference set for Monday, January 12, 2009, at 09:30 AM before Judge David Frank Hamilton. Issued by Judge David Frank Hamilton on 1/9/09.(WJC)
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Filing 53
SCHEDULING ORDER: Pretrial Conference set for 2/3/2009 04:30 PM in room #316 before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 1/8/09. (TMA)
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Filing 52
ORDER denying #51 Motion to Disqualify. Signed by Judge David Frank Hamilton on 12/11/2008. (LBK)
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| Filing 51 MOTION for Recusal, filed by Plaintiffs ALAN KRESS, BILLY FORD, ERIC STAGGS, RANDY CARR. (Attachments: #1 Text of Proposed Order Order on Plaintiffs' Motion to Recuse)(Ogden, Paul) |
| Filing 50 Corporate Disclosure Statement by CCA OF TENNESSEE, LLC identifying Corporate Parent CORRECTIONS CORPORATION OF AMERICA for CCA OF TENNESSEE, LLC.. (Hahn, William) |
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Filing 49
ORDER denying #45 Motion for Reconsideration re #43 Order on Motion to Certify State Law Questions filed by RANDY CARR, ERIC STAGGS, TIMOTHY-PATRICK TREACY, ALAN KRESS, BILLY FORD. Signed by Judge David Frank Hamilton on 11/14/2008. (LBK)
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| Filing 48 NOTICE to File Corporate Disclosure Statement to CCA OF TENNESSEE, LLC. (LAB) (LBK) |
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Filing 47
ORDER granting #46 Motion to Dismiss Plaintiff Timothy-Patrick Treacy as Named Plaintiff. Signed by Judge David Frank Hamilton on 10/30/2008. (LBK)
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| Filing 46 MOTION to Dismiss Named Plaintiff Timothy-Patrick Treacy, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Text of Proposed Order Order on Motion to Dismiss Named Plaintiff)(Ogden, Paul) |
| Filing 45 MOTION for Reconsideration re #43 Order on Motion to Certify State Law Questions, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) |
| Filing 44 Reassignment of Case to Magistrate Judge Debra McVicker Lynch. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number (1:08-cv-0431-DFH-DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (TMA) |
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Filing 43
ORDER denying #38 Plaintiffs' Motion to Certify State Law Questions. Signed by Judge David Frank Hamilton on 10/17/2008. (LBK)
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| Filing 42 REPLY in Support of Motion re #38 MOTION to Certify State Law Questions for Indiana Supreme Court to Certify State Law Questions for Indiana Supreme Court, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) |
| Filing 41 RESPONSE in Opposition re #38 MOTION to Certify State Law Questions for Indiana Supreme Court, filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) |
| Filing 40 AMENDED BRIEF/MEMORANDUM in Support re #38 MOTION to Certify State Law Questions for Indiana Supreme Court Amended, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Exhibit A (Indiana Jail Grievance Regulation), #2 Exhibit B (Indiana Jail Mail Handling Regulation, #3 Exhibit C (CCA's Grievance Policy), #4 Exhibit D (CCA's Mail Handling Policy), #5 Exhibit E (Sheriff's Greivance Policy), #6 Exhibit F (Sheriff's Mail Handling Policy))(Ogden, Paul) Modified on 7/14/2008 (LBK). |
| Filing 39 BRIEF/MEMORANDUM in Support re #38 MOTION to Certify State Law Questions for Indiana Supreme Court, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Exhibit A (State Regulation - Grievance Policy), #2 Exhibit B (State Regulation - Mail Procedure), #3 Exhibit C (CCA Grievance Policy), #4 Exhibit D (CCA Mail Policy), #5 Exhibit E (Sheriff's Grievance Policy), #6 Exhibit F (Sheriff's Mail Policy))(Ogden, Paul) |
| Filing 38 MOTION to Certify State Law Questions for Indiana Supreme Court, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) |
| Filing 37 Reassignment of Case to Magistrate Judge Tim A. Baker. Judge William T. Lawrence no longer assigned to the case. Please include the new case number (1:08-cv-431-DFH-TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (WMK) |
| Filing 36 Entry for July 1, 2008 - The initial pretrial conf set for Thursday, July 3, 2008, at 8:30 a.m. is hereby vacated. (see entry). Signed by Judge William T. Lawrence on 7/1/2008.(MRI) |
| Filing 35 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) |
| Filing 34 CASE MANAGEMENT PLAN TENDERED, filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, MARION COUNTY SHERIFF FRANK ANDERSON. (Hahn, William) |
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Filing 33
ORDER granting #32 Defendants' motion for an enlargement of time to respond to Plaintiffs' Motion for Class Certification, to a date to be determined at the Initial Pretrial Conference scheduled for July 3, 2008. Signed by Magistrate Judge William T. Lawrence on 6/19/08. (TMA)
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| Filing 32 MOTION for Extension of Time to file response to #29 MOTION to Certify Class , filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: #1 Text of Proposed Order)(Rosiello, Michael) Modified on 6/19/2008 (LSC). |
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Filing 31
SCHEDULING ORDER: Initial Pretrial Conference set for 7/3/2008 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Magistrate Judge William T. Lawrence on 6/13/08.(JHO)
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| Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION to Certify Class, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Lenkowsky, Adam) |
| Filing 29 MOTION to Certify Class, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Text of Proposed Order)(Lenkowsky, Adam) |
| Filing 28 ANSWER to Amended Complaint, filed by Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) |
| Filing 27 ANSWER to #17 Amended Complaint, filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Mayes, Jonathan) |
| Filing 26 NOTICE of Appearance by William A. Hahn on behalf of Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) |
| Filing 25 NOTICE of Appearance by Michael Rosiello on behalf of Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Rosiello, Michael) |
| Filing 24 AFFIDAVIT in Support of Notice to Court of Violation of Court's Rule Against Use of Camera Cell Phones by all plaintiffs. (Ogden, Paul) |
| Filing 23 NOTICE Response to Plaintiffs' "Notice to Court of Violation of Court's Rule Against Use of Camera Cell Phone", filed by Defendants CCA OF TENNESSEE, LLC, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, re #22 Notice (Other). (Hahn, William) |
| Filing 22 NOTICE to Court of Violation of Court's Rule Against Use of Camera Cell Phones, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR (Ogden, Paul) |
| Filing 21 Summons Issued as to VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (LSC) |
| Filing 20 NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 19 NOTICE of Filing of Motion for Consolidation by all plaintiffs (Attachments: #1 Exhibit A - Motion for Consolidation) (Lenkowsky, Adam) |
| Filing 18 Courtroom Minutes for hearing at which the Court (Judge David Frank Hamilton) denied #12 Motion for Rule to Show Cause as to Why Defendant CCA and Warden Jeff Conway Should Not Be Held in Contempt and Sanctioned for Retaliation Againt Named Plaintiffs. Plaintiffs called as witnesses Jeff Conway, Amy Shovan, Alan Kress, Billy Ford, Dr. Neil Propst, Eric Staggs, Timothy-Patrick Treacy and Randy Carr; plaintiffs rested; defendant CCA called as witnesses Amy Shovan and Michelle Ryder; defendant CCA rested; arguments presented; motion denied. Court Reporter F. Pratt. (CEB) |
| Filing 17 AMENDED COMPLAINT against all defendants, filed by all plaintiffs.(Ogden, Paul) |
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Filing 16
ORDER to Produce Inmates at Court Proceeding on 4/29/2008 re defts KRESS, STAGGS, CARR, FORD and TREACY. Signed by Judge David Frank Hamilton on 4/24/2008. c/m(LSC)
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| Filing 15 Courtroom Minutes for proceedings held before Judge David F. Hamilton on 04/21/2008. Hearing held to address Emergency Motion to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment; arguments presented, Dr. Propst testified; for the reasons stated on the record, the Court denied the Motion #13 . (CEB) |
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Filing 14
ORDER re #12 Motion for Rule to Show Cause - The motion does not identify a court order the defendants might have violated. The court proposes to treat pltfs' motion as one for a temporary restraining order with notice. SCHEDULING ORDER - Hearing on motion set for 4/29/2008 at 03:00 PM in room #344 before Judge David Frank Hamilton. The court will issue one or more orders to ensure that the named plaintiffs can be present (to testify if needed). Signed by Judge David Frank Hamilton on 4/21/2008.(LSC)
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| Filing 13 Emergency MOTION to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Text of Proposed Order Order on Verified Emergency Motion to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment)(Ogden, Paul) |
| Filing 12 MOTION for Rule to Show Cause As To Why Defendant CCA and Warden Jeff Conway Should Not Be Held in Contempt and Sanctioned for Retaliation Against Named Plaintiffs, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY-PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: #1 Exhibit A (Affidavits of Named Plaintiffs), #2 Text of Proposed Order Setting Hearing (Ogden, Paul) Modified on 4/21/2008 (LSC). |
| Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendant CCA OF TENNESSEE, LLC. (Hahn, William) |
| Filing 10 NOTICE of Appearance by Michael Rosiello on behalf of Defendant CCA OF TENNESSEE, LLC. (Rosiello, Michael) |
| Filing 9 NOTICE of Appearance by William A. Hahn on behalf of Defendant CCA OF TENNESSEE, LLC. (Hahn, William) |
| Filing 8 RETURN of Personal Service, filed by all plaintiffs. CCA OF TENNESSEE, LLC served on 4/2/2008; MARION COUNTY SHERIFF FRANK ANDERSON served on 4/2/2008. (Ogden, Paul) |
| Filing 7 NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 6 NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) |
| Filing 5 Summons Issued as to CCA OF TENNESSEE, LLC, and MARION COUNTY SHERIFF FRANK ANDERSON. (DWH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH) |
| Filing 3 RECEIPT #IP006375 in the amount of $ 350.00 (DWH) |
| Filing 2 CIVIL COVER SHEET, filed by Plaintiffs ALAN KRESS, BILLY FORD, ERIC STAGGS, TIMOTHY-PATRICK TREACY and RANDY CARR. (DWH) Modified on 4/3/2008 (DWH). |
| Filing 1 COMPLAINT against all defendants, filed by all plaintiffs.(DWH) |
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