| April 26, 2022 |
Filing 237
ORDER - GRANTING #235 Motion for Attorney Fees. Defendant United States Bureau of Prisons must pay the plaintiff's attorneys' fees and costs in the amount of $75,000. Signed by District Judge James C. Dever III on 4/25/2022. (Indig, A.)
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| April 20, 2022 |
Filing 236
Memorandum in Support regarding #235 MOTION for Attorney Fees and Costs -- UNOPPOSED filed by Thomas Heyer. (Hoffman, Ian)
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| April 20, 2022 |
Filing 235
MOTION for Attorney Fees and Costs -- UNOPPOSED filed by Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| April 20, 2022 |
Motion Submitted to District Judge James C. Dever III regarding #235 MOTION for Attorney Fees and Costs -- UNOPPOSED. (Indig, A.)
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| January 26, 2022 |
Filing 234
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that plaintiff Robert Paul Boyd is dismissed from this action by opinion of the United States Court of Appeals for the Fourth Circuit issued on February 23, 2017, and mandate issued on April 17, 2017. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to the Court's order dated November 3, 2017, plaintiff Thomas Heyer's claims in Count II, Count IV, Count VI, Count VII, Count IX, and Count X of the Amended Complaint are dismissed with prejudice. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to the opinion of the United States Court of Appeals for the Fourth Circuit issued on January 13, 2021, mandate issued on March 8, 2021, and the Court's order dated January 26, 2022, judgment is entered in favor of plaintiff Thomas Heyer and against defendants on Count VIII of the Amended Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/26/2022. (Indig, A.)
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| January 26, 2022 |
Filing 233
ORDER - The court GRANTS plaintiff's motion [D.E. 222] and enters JUDGMENT in favor of plaintiff Thomas Heyer and against defendants. The court DENIES as moot plaintiff's motion for reconsideration [D.E. 226] and DENIES as moot defendants' motion to stay [D.E. 228]. Signed by District Judge James C. Dever III on 1/26/2022. (Indig, A.)
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| January 25, 2022 |
Remark - Joint Status Report submitted to District Judge James C. Dever III. (Indig, A.)
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| January 24, 2022 |
Filing 232
STATUS REPORT filed jointly, by Thomas Heyer and by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R. Kane, Sara M. Revell, United States Bureau of Prisons (Bredenberg, Michael)
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| January 18, 2022 |
Filing 231
ORDER - The parties shall update the court on the status of this case. The update is due no later than January 24, 2022. Signed by District Judge James C. Dever III on 1/18/2022. (Indig, A.)
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| August 3, 2021 |
Filing 230
Notice filed by Thomas Heyer regarding #229 Response in Opposition to Motion, Notice of Order in a Related Case. (Attachments: #1 Exhibit A) (Hoffman, Ian)
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| July 27, 2021 |
Motions Submitted to District Judge James C. Dever III regarding #222 MOTION for Judgment , #226 MOTION for Reconsideration regarding #225 Order on Motion for Extension of Time to File Response and #228 MOTION to Stay or in the alternative MOTION for Extension of Time to File Response to Plaintiff's Motion for Entry of Judgment [D.E. 222]. (Indig, A.)
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| July 26, 2021 |
Filing 229
RESPONSE in Opposition regarding #228 MOTION to Stay or in the alternative MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Entry of Judgment [D.E. 222] filed by Thomas Heyer. (Hoffman, Ian)
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| July 26, 2021 |
Filing 228
MOTION to Stay or in the alternative, MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Entry of Judgment [D.E. 222] filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R. Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael)
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| June 28, 2021 |
Filing 227
Memorandum in Support regarding #226 MOTION for Reconsideration regarding #225 Order on Motion for Extension of Time to File Response/Reply by Thomas Heyer. (Attachments: #1 Exhibit A (ALJ Order dated May 20, 2021)) (Hoffman, Ian)
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| June 28, 2021 |
Filing 226
MOTION for Reconsideration regarding #225 Order on Motion for Extension of Time to File Response/Reply filed by Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| June 28, 2021 |
Filing 225
ORDER - GRANTING #224 Motion for Extension of Time to File Response regarding #222 MOTION for Judgment. Response due by 7/26/2021. Signed by District Judge James C. Dever III on 6/25/2021. (Indig, A.)
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| June 25, 2021 |
Filing 224
MOTION for Extension of Time to File Response/Reply as to #222 MOTION for Judgment up to and including July 26, 2021, filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R. Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael)
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| June 4, 2021 |
Filing 223
Memorandum in Support regarding #222 MOTION for Judgment by Thomas Heyer. (Hoffman, Ian)
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| June 4, 2021 |
Filing 222
MOTION for Judgment filed by Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| March 8, 2021 |
Filing 221
MANDATE of US Court of Appeals (certified copy) as to #212 Notice of Appeal filed by Thomas Heyer. (Indig, A.)
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| March 8, 2021 |
Case Submitted to District Judge James C. Dever III. (Indig, A.)
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| January 25, 2021 |
Filing 220
ORDER - GRANTING #217 Motion to Withdraw as Attorney. Attorney Snayha M. Nath terminated. Signed by District Judge James C. Dever III on 1/25/2021. (Indig, A.)
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| January 25, 2021 |
Filing 219
Proposed Order regarding #217 MOTION to Withdraw as Attorney filed by Thomas Heyer. (Nath, Snayha)
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| January 25, 2021 |
Filing 218
Memorandum in Support regarding #217 MOTION to Withdraw as Attorney filed by Thomas Heyer. (Nath, Snayha)
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| January 25, 2021 |
Filing 217
MOTION to Withdraw as Attorney filed by Thomas Heyer. (Nath, Snayha)
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| January 25, 2021 |
Motion Submitted to District Judge James C. Dever III regarding #217 MOTION to Withdraw as Attorney. (Indig, A.)
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| January 25, 2021 |
NOTICE OF DEFICIENCY regarding #217 Motion to Withdraw as Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Indig, A.)
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| January 13, 2021 |
Filing 216
US Court of Appeals Judgment as to #212 Notice of Appeal filed by Thomas Heyer. (Indig, A.)
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| January 13, 2021 |
Filing 215
Published Opinion from Fourth Circuit Court of Appeals - REVERSED AND REMANDED. (Indig, A.)
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| July 15, 2019 |
Filing 214
US Court of Appeals Case Number 19-7027 (Michael Radday, Case Manager) as to #212 Notice of Appeal filed by Thomas Heyer. (Indig, A.)
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| July 12, 2019 |
Filing 213
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #212 Notice of Appeal filed by Thomas Heyer. (Indig, A.)
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| July 11, 2019 |
Filing 212
Notice of Appeal filed by Thomas Heyer. Filing fee, receipt number 0417-5016511. (Hoffman, Ian)
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| June 21, 2019 |
Filing 211
ORDER - The court DENIES Heyer's motion [D.E. 207]. Signed by District Judge James C. Dever III on 6/21/2019. (Indig, A.)
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| April 16, 2019 |
Filing 210
REPLY to Response to Motion regarding #207 MOTION to Alter Judgment holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment MOTION to Amend/Correct #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amen MOTION for Reconsideration regarding #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates t he First Amendment filed by Thomas Heyer. (Hoffman, Ian)
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| April 16, 2019 |
Motion Submitted to District Judge James C. Dever III regarding #207 MOTION to Alter Judgment holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment. (Indig, A.)
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| April 2, 2019 |
Filing 209
RESPONSE in Opposition regarding #207 MOTION to Alter Judgment holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment MOTION to Amend/Correct #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amen MOTION for Reconsideration regarding #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates t filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| March 13, 2019 |
Notice to Counsel regarding: #208 Memorandum in Support. When filing a document with more than five exhibits/attachments, the first attached exhibit/attachment must be an index of all of the subsequent attached documents. No further action is required at this time. (Indig, A.)
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| March 12, 2019 |
Filing 208
Memorandum in Support regarding #207 MOTION to Alter Judgment holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment MOTION to Amend/Correct #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amen MOTION for Reconsideration regarding #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates t he First Amendment filed by Thomas Heyer. (Attachments: #1 Exhibit Department of Justice Decision Regarding Jon TC Yeh's Rehabilitation Act Complaint, #2 Exhibit Complaint, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 1 (M.D. Pa. filed May 3, 2018), #3 Exhibit Comprehensive Status Report Per the Courts Order of August 16, 2018, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 34 (M.D. Pa. filed Dec. 4, 2018), #4 Exhibit Comprehensive Status Report Per The Courts Order of November 27, 2018, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 54 (M.D. Pa. filed Dec. 4, 2018), #5 Exhibit Exhibit filed by United States Bureau of Prisons in Preliminary Injunction Hearing held Aug. 10, 2018, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 28 (M.D. Pa. filed Aug. 10, 2018), #6 Exhibit Joint Status Update, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 55 (M.D. Pa. filed Dec. 11, 2018), #7 Exhibit Brief in Support of Motion for Judgment on the Pleadings, Yeh v. BOP, No. 3:18-cv-00943, Dkt. 63 (M.D. Pa. filed Feb. 19, 2019), #8 Exhibit Transcript of Hearing on Motion for Preliminary Injunction, Yeh v. BOP, No. 3:18-cv-00943 (M.D. Pa. held Aug. 10, 2018)) (Hoffman, Ian)
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| March 12, 2019 |
Filing 207
MOTION to Alter Judgment holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment, MOTION to Amend/Correct #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment, MOTION for Reconsideration regarding #206 Clerk's Judgment,, #205 Order, holding that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment filed by Thomas Heyer. (Hoffman, Ian)
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| February 12, 2019 |
Filing 206
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that plaintiff Robert Paul Boyd was dismissed from this action by opinion of the Fourth Circuit Court of Appeals issued on February 23, 2017, mandate issued on April 17, 2017. IT IS FURTHER ORDERED AND ADJUDGED that plaintiff Thomas Heyer failed to prove that the Bureau of Prisons' failure to install and provide Heyer the requested videophone equipment violates the First Amendment. The court enters judgment in favor of defendants and against Heyer. Signed by Peter A. Moore, Jr., Clerk of Court on 2/12/2019. (Indig, A.)
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| February 12, 2019 |
Filing 205
ORDER - After weighing the Turner factors as modified in Matherly, the court FINDS that Heyer failed to prove that the BOP's failure to install and provide Heyer the requested videophone equipment violates the First Amendment. Thus, the court enters judgment in favor of defendants and against Heyer. The clerk shall close the case. Signed by District Judge James C. Dever III on 2/12/2019. (Indig, A.)
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| September 12, 2018 |
Filing 204
TEXT ORDER denying #167 Motion for Judgment on the Pleadings. Signed by Chief Judge James C. Dever III on 9/12/2018. (Hayes, Lyndsay) Modified on 9/12/2018 to add the word "text." (Indig, A.)
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| September 12, 2018 |
Filing 203
TEXT ORDER denying #178 Motion in Limine. Signed by Chief Judge James C. Dever III on 9/12/2018. (Hayes, Lyndsay) Modified on 9/12/2018 to add the word "text." (Indig, A.)
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| September 12, 2018 |
Filing 202
TEXT ORDER denying #167 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge James C. Dever III on 9/12/2018. (Hayes, Lyndsay) Modified on 9/12/2018 to add the word "text." (Indig, A.)
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| May 9, 2018 |
Filing 201
Notice filed by Thomas Heyer Notice of Supplemental Authority. (Attachments: #1 Exhibit A -- Report & Recommendation in McBride, #2 Exhibit B -- Opinion and Order in McBride) (Hoffman, Ian)
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| November 21, 2017 |
Filing 200
Notice filed by Thomas Heyer Plaintiff's Supplemental Post-Trial Letter Brief. (Attachments: #1 Exhibit A -- PX197) (Hoffman, Ian)
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| November 13, 2017 |
Filing 199
Notice filed by Thomas Heyer regarding #198 PROPOSED SEALED Exhibit, #197 PROPOSED SEALED Document, Notice of Filing Sealed Materials (Plaintiff's Post-Trial Letter Brief (D.E. 197) and Exhibit A to Plaintiff's Post-Trial Letter Brief (D.E. 198). (Hoffman, Ian)
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| November 13, 2017 |
Filing 198
PROPOSED SEALED Exhibit (Selected Participants Only)by Ian S. Hoffman (available to: Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons, Plaintiff Thomas Heyer). (Hoffman, Ian)
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| November 13, 2017 |
Filing 197
PROPOSED SEALED Document: (Selected Participants Only)by Ian S. Hoffman (available to: Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons, Plaintiff Thomas Heyer). (Hoffman, Ian)
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| November 12, 2017 |
Filing 196
OFFICIAL TRANSCRIPT of BENCH TRIAL - DAY 2 held on November 7, 2017, before Chief Judge James C. Dever III. Court Reporter/Amy Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's
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| November 12, 2017 |
Filing 195
OFFICIAL TRANSCRIPT of BENCH TRIAL - DAY 1 held on November 6, 2017, before Chief Judge James C. Dever III. Court Reporter/Amy Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's
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| November 12, 2017 |
NOTICE of Filing of Official Transcript #196 Transcript, #195 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.)
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| November 8, 2017 |
Filing 194
Notice filed by Thomas Heyer Plaintiff's Closing Argument Presentation. (Hoffman, Ian)
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| November 7, 2017 |
Filing 193
Minute Entry for proceedings held before Chief Judge James C. Dever III: Bench Trial completed on 11/7/2017. Counsel and parties present. Defense continues and concludes presentation of evidence. Closing arguments by both parties. The court takes the matter under advisement, written order to follow. (Court Reporter Amy Condon) (Indig, A.)
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| November 7, 2017 |
Filing 192
Exhibit List. (Indig, A.)
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| November 6, 2017 |
Filing 191
Notice filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons - Notice of Substitution of Public Officers. (Kelley, Christina)
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| November 6, 2017 |
Filing 190
Minute Entry for proceedings held before Chief Judge James C. Dever III - Bench Trial held on 11/6/2017. Plaintiff's presentation of evidence completed. Defendant begins presentation of evidence. Court to reconvene at 9:00 a.m. on 11/7/2017. (Court Reporter Amy Condon) (Indig, A.)
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| November 6, 2017 |
Filing 189
JOINT PRETRIAL ORDER. Signed by Chief Judge James C. Dever III on 11/6/2017. (Indig, A.)
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| November 4, 2017 |
Filing 188
Notice filed by Thomas Heyer regarding #182 Proposed Pretrial Order Plaintiff's Amended Trial Exhibit List. (Hoffman, Ian)
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| November 4, 2017 |
Filing 187
RESPONSE in Opposition regarding #178 MOTION in Limine to Exclude Plaintiff's Proffered Expert Witnesses filed by Thomas Heyer. (Hoffman, Ian)
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| November 3, 2017 |
Filing 186
Notice filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons regarding #182 Proposed Pretrial Order - Defendants' Amended Trial Exhibit List. (Kelley, Christina)
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| November 3, 2017 |
Filing 185
ORDER - GRANTING #181 Joint Partial Motion to Dismiss with Prejudice. The only claim that remains in this case is Count VIII (Violation of the U.S. Constitution, First Amendment), and the Parties have agreed that the trial on that claim shall be limited to Heyer's demand for access to a videophone that will allow him to communicate directly (point-to-point) with persons outside of Butner using ASL. That trial shall commence on November 6, 2017. Signed by Chief Judge James C. Dever III on 11/3/2017. (Indig, A.)
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| November 2, 2017 |
Filing 184
TRIAL BRIEF by Thomas Heyer. (Hoffman, Ian)
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| November 2, 2017 |
Filing 183
Proposed Findings of Fact by Thomas Heyer. (Hoffman, Ian)
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| November 2, 2017 |
Filing 182
Proposed Pretrial Order by Thomas Heyer. (Attachments: #1 Exhibit A -- Plaintiff's Exhibit List, #2 Exhibit B -- Defendants' Exhibit List) (Hoffman, Ian)
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| November 2, 2017 |
Filing 181
Joint MOTION to Dismiss Joint Partial Motion to Dismiss with Prejudice filed by Thomas Heyer. (Attachments: #1 Exhibit A -- Partial Settlement Agreement, #2 Exhibit B -- Agreed Dismissal Order) (Hoffman, Ian)
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| November 2, 2017 |
Filing 180
Proposed Findings of Fact by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dodson, Robert)
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| November 2, 2017 |
Filing 179
TRIAL BRIEF by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dodson, Robert)
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| October 30, 2017 |
Filing 178
MOTION in Limine to Exclude Plaintiff's Proffered Expert Witnesses filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| October 30, 2017 |
Filing 177
ORDER - GRANTING #176 Motion for Extension of Time to File. The Proposed Joint Pretrial Order, Proposed Findings of Fact and Conclusions of Law, and Trial Briefs shall be filed no later than November 2, 2017. Signed by Chief Judge James C. Dever III on 10/30/2017. (Indig, A.)
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| October 30, 2017 |
Filing 176
Joint MOTION for Extension of Time to File Pretrial Documents filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael)
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| October 30, 2017 |
Motion Submitted to Chief Judge James C. Dever III regarding #176 Joint MOTION for Extension of Time to File Pretrial Documents. (Indig, A.)
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| October 26, 2017 |
Filing 175
Courtroom Technology Certification of Training by Thomas Heyer (Hoffman, Ian)
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| October 26, 2017 |
Filing 174
ORDER - The parties shall file a proposed joint pretrial order no later than November 1, 2017. The court will conduct a final pretrial conference beginning at 9:00 a.m. on November 6, 2017, in courtroom 1 of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina 27601. The bench trial will commence immediately after the final pretrial conference. Signed by Chief Judge James C. Dever III on 10/25/2017. (Indig, A.)
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| October 25, 2017 |
Filing 173
Notice of Appearance for non-district by Tara L. Williamson on behalf of All Plaintiffs. (Williamson, Tara)
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| October 25, 2017 |
Filing 172
Notice of Appearance filed by Christina A. Kelley on behalf of All Defendants. (Kelley, Christina)
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| October 24, 2017 |
Filing 171
Notice of Appearance for non-district by Snayha M. Nath on behalf of All Plaintiffs. (Nath, Snayha)
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| October 23, 2017 |
Motion Submitted to Chief Judge James C. Dever III regarding #167 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative MOTION for Judgment on the Pleadings . (Indig, A.)
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| October 20, 2017 |
Filing 170
RESPONSE in Opposition regarding #167 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative MOTION for Judgment on the Pleadings filed by Thomas Heyer. (Hoffman, Ian)
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| October 17, 2017 |
Filing 169
Notice of Writ to Produce Thomas Heyer on 11/6/2017 in Raleigh. (Dodson, Robert)
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| September 29, 2017 |
Filing 168
Memorandum in Support regarding #167 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative MOTION for Judgment on the Pleadings filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dodson, Robert)
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| September 29, 2017 |
Filing 167
MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, MOTION for Judgment on the Pleadings filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dodson, Robert)
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| September 29, 2017 |
Filing 166
Notice filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons (Local Rule 5.2 (d) Withdrawal of Prior Counsel). (Dodson, Robert)
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| June 29, 2017 |
Filing 165
Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 6/29/2017. Parties present with counsel. Interpreters (sign language) affirmed. The court makes opening remarks. The parties break for settlement discussions. At 5:15 p.m. the court announced the parties have reached an impasse in this matter. (Court Reporter FTR) (Horton, B.)
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| June 26, 2017 |
Filing 164
ORDER - GRANTING #163 Motion. For good cause shown, the motion is ALLOWED and the in-person attendance of Mr. Riemann is excused. Signed by Magistrate Judge James E. Gates on 6/26/2017. (Indig, A.)
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| June 23, 2017 |
Motion Referred to US Magistrate Judge James E. Gates regarding: #163 MOTION to Excuse Attendance of Local Counsel at Court-Hosted Settlement Conference (Unopposed). (Indig, A.)
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| June 22, 2017 |
Filing 163
MOTION to Excuse Attendance of Local Counsel at Court-Hosted Settlement Conference (Unopposed) filed by Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| June 20, 2017 |
Filing 162
Notice of Writ to Produce Thomas Heyer on 6/29/2017 in Raleigh. (Bredenberg, Michael)
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| June 20, 2017 |
Filing 161
Order Setting Hearing - Settlement Conference set for 6/29/2017 at 11:00 AM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. Signed by Magistrate Judge James E. Gates on 6/19/2017. (Indig, A.)
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| June 8, 2017 |
Filing 160
Notice filed by Thomas Heyer regarding #159 Order, Set Deadlines,, Notice Regarding Proposed Settlement Conference Dates. (Hoffman, Ian)
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| June 8, 2017 |
Notice Regarding Proposed Settlement Conference Dates Submitted to Magistrate Judge James E. Gates. (Indig, A.)
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| May 26, 2017 |
Filing 159
ORDER - No later than 9 June 2017, the parties shall confer and determine three dates before 7 July 2017 that are mutually available for the settlement conference. Counsel for plaintiff shall file a notice setting out the three proposed dates for the settlement conference within one day after the conference provided for in the preceding paragraph. Signed by Magistrate Judge James E. Gates on 5/26/2017. (Indig, A.)
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| May 23, 2017 |
Filing 158
Notice of Substitution of Counsel filed by Philip J. Fornaci on behalf of Thomas Heyer substituting for Deborah Golden. (Fornaci, Philip)
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| May 18, 2017 |
Filing 157
ORDER - The court REFERS this case to Magistrate Judge James E. Gates for a court-hosted settlement conference. The bench trial in this case is set for Monday, November 6, 2017. The court will issue a case management order at a later date. Signed by Chief Judge James C. Dever, III on 5/18/2017. Copy sent to the chambers of US Magistrate Judge James E. Gates. (Powers, S.)
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| May 18, 2017 |
Filing 156
RESPONSE by Plaintiff Thomas Heyer regarding #155 Order, Set Deadlines,, Joint Response of Plaintiff and Defendants to Court's Order Regarding Settlement Conference and Trial Dates (Hoffman, Ian)
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| April 19, 2017 |
Filing 155
ORDER - The court DIRECTS each party to file a response to this order on or before May 19, 2017, stating whether a court-hosted settlement conference would help to resolve this case. The parties shall also confer and jointly propose three dates for a bench trial between September 11 and November 6, 2017. Signed by Chief Judge James C. Dever III on 4/19/2017. (Indig, A.)
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| April 18, 2017 |
Case Submitted to Chief Judge James C. Dever III regarding opinion from the Court of Appeals. (Indig, A.)
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| April 17, 2017 |
Filing 154
MANDATE of US Court of Appeals (certified copy) as to #144 Notice of Appeal filed by Thomas Heyer, Robert Paul Boyd. (Castania, M.)
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| February 23, 2017 |
Filing 153
US Court of Appeals Judgment as to #144 Notice of Appeal filed by Thomas Heyer, Robert Paul Boyd. (Castania, M.)
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| February 23, 2017 |
Filing 152
Published Opinion from Fourth Circuit Court of Appeals. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (Castania, M.)
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| January 4, 2016 |
Filing 151
ORDER - the court DISMISSES plaintiff Boyd's motion for a voluntary dismissal [D.E. 148] and DENIES AS MOOT defendants' motion for an extension of time [D.E. 150]. Signed by Chief Judge James C. Dever III on 1/4/2016. (Indig, A.)
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| November 20, 2015 |
Filing 150
MOTION for Extension of Time to File Response/Reply as to #148 MOTION to Dismiss Motion for Voluntary Dismissal filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| November 20, 2015 |
Motion Submitted to Chief Judge James C. Dever III: regarding #150 MOTION for Extension of Time to File Response as to #148 MOTION to Dismiss Motion for Voluntary Dismissal. (Indig, A.)
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| November 19, 2015 |
Filing 149
RESPONSE regarding #148 MOTION to Dismiss Motion for Voluntary Dismissal filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| November 5, 2015 |
Filing 148
MOTION to Dismiss Motion for Voluntary Dismissal filed by Robert Paul Boyd. (Hoffman, Ian)
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| November 5, 2015 |
Filing 147
Notice filed by Robert Paul Boyd . (Hoffman, Ian)
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| May 28, 2015 |
Filing 146
US Court of Appeals Case Number 15-6826 (RJ Warren) for #144 Notice of Appeal filed by Thomas Heyer and Robert Paul Boyd. (Indig, A.)
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| May 28, 2015 |
Filing 145
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #144 Notice of Appeal. (McDowell, G.)
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| May 27, 2015 |
Filing 144
NOTICE OF APPEAL as to #120 Order on Motion for Leave to File, Order on Motion for Extension of Time to File, Order on Motion for Leave to File Excess Pages, Order on Motion for Extension of Time to File Response/Reply, #118 Order on Motion to Compel, #46 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief, #143 Clerk's Judgment, #142 Order on Motion for Summary Judgment, Order on Motion for Leave to File Excess Pages, Order on Motion to Seal Document, Order on PROPOSED SEALED Motion by Robert Paul Boyd, Thomas Heyer. Filing fee $ 505, receipt number 0417-3304836. (Hoffman, Ian)
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| March 31, 2015 |
Filing 143
CLERK'S JUDGMENT - that defendants' motion for summary judgment is grantedin part and this action is hereby dismissed. Signed by Julie Richards Johnston, Clerk of Court on 3/31/2015. (McDowell, G.)
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| March 31, 2015 |
Filing 142
ORDER - the court GRANTS IN PART defendants' motion for summary judgment [D.E. 111 ], and DENIES plaintiffs' motion for partial summary judgment [D.E. 127]. The court DISMISSES as moot counts nine and ten of the amended complaint. The court DENIES defendants' motion to conduct additional testing on Boyd [D.E. 134]. The court GRANTS the parties' motions for leave to file memoranda in excess of the page limit prescribed by Local Civil Ru1e 7.2 [D.E. 121, 129], and GRANTS IN PART AND DENIES IN PART the parties' motions to seal [D.E. 123, 132, 135, 138, 140]. This action is DISMISSED. The clerk shall unseal defendants' response in opposition to plaintiffs' motion for partial summary judgment [D.E. 130]. Signed by Chief US District Judge James C. Dever III on 3/31/2015. (McDowell, G.)
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| March 26, 2015 |
NOTICE OF CORRECTION regarding: #122 PROPOSED SEALED Document. Exhibit letters have entered next to each proposed sealed document for identification purposes. Pursuant to Section L(2)(b) Attachments and exhibits must be identified with a clear and complete description of the document and (c) when filing a document with more than five (5) exhibits or attachments, the first attached exhibit or attachment must be an index of all of the subsequently attached documents. (McDowell, G.)
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| February 9, 2015 |
Filing 141
RESPONSE in Support regarding #140 MOTION to Seal Document #139 PROPOSED SEALED Reply, filed by Robert Paul Boyd, Thomas Heyer. (Hennessy, Sean)
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| February 6, 2015 |
Filing 140
MOTION to Seal Document #139 PROPOSED SEALED Reply, by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| February 6, 2015 |
Filing 139
SEALED REPLY (Selected Participants Only) by United States Bureau of Prisons et al (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons) regarding #137 PROPOSED SEALED Response. (Dannels, Jennifer) Modified on 5/30/2017 to remove the word "proposed". (Indig, A.)
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| January 26, 2015 |
Motion No Longer Submitted to Chief US District Judge James C. Dever III: #138 MOTION to Seal Document #137 PROPOSED SEALED Response. (McDowell, G.)
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| January 26, 2015 |
Motions Submitted to Chief US District Judge James C. Dever III: #138 MOTION to Seal Document #137 PROPOSED SEALED Response, and #135 MOTION to Seal Document #134 PROPOSED SEALED MOTION. (McDowell, G.)
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| January 23, 2015 |
Filing 138
MOTION to Seal Document #137 PROPOSED SEALED Response, by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Text of Proposed Order) (Hoffman, Ian)
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| January 23, 2015 |
Filing 137
SEALED RESPONSE (Selected Participants Only)by Plaintiffs (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons) regarding #134 PROPOSED SEALED MOTION (Selected Participants Only)by Defendants (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of P. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Hoffman, Ian) Modified on 5/30/2017 to remove the word "proposed". (Indig, A.) Modified on 5/30/2017 to remove the word "proposed". (Indig, A.)
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| January 23, 2015 |
Filing 136
RESPONSE in Support regarding #135 MOTION to Seal Document #134 PROPOSED SEALED MOTION (Selected Participants Only)by Defendants (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. filed by Robert Paul Boyd, Thomas Heyer. (Hennessy, Sean)
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| January 6, 2015 |
Filing 135
MOTION to Seal Document #134 PROPOSED SEALED MOTION (Selected Participants Only)by Defendants (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of P by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| January 6, 2015 |
Filing 134
SEALED MOTION (Selected Participants Only)by Defendants (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons). (Attachments: #1 Report by Doctor Lara Gray at Area Hearing Center, dated March 6, 2014, #2 Commitment and Treatment Program Diagnostic Report dated October 16, 2014, #3 Text of Proposed Order) (Dannels, Jennifer) Modified on 5/30/2017 to remove the word "proposed". (Indig, A.)
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| December 4, 2014 |
Filing 133
RESPONSE in Support regarding #132 MOTION to Seal Document #130 Response in Opposition to Motion, 131 Notice-(other), filed by Robert Paul Boyd, Thomas Heyer. (Hennessy, Sean)
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| December 2, 2014 |
Motions Submitted to Chief Judge James C. Dever III: #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment, #123 MOTION to Seal Document #122 PROPOSED SEALED Document, #132 MOTION to Seal Document #130 Response in Opposition to Motion, 131 Notice, #127 MOTION for Summary Judgment as to Counts II, IV, VI, and VIII, #129 MOTION for Leave to File Excess Pages and #121 MOTION for Leave to File Excess Pages. (Indig, A.)
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| November 21, 2014 |
Filing 132
MOTION to Seal Document #130 Response in Opposition to Motion, 131 Notice-(other), by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| November 18, 2014 |
Filing 130
RESPONSE in Opposition regarding #127 MOTION for Summary Judgment as to Counts II, IV, VI, and VIII filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Defendants' Exhibit 14 - Revised Index of Exhibits, #2 Defendants' Exhibit 15 - Excerpts from the Deposition Transcript of Karen Steinour, #3 Defendants' Exhibit 16 - Additional Excerpts from the Deposition Transcript of Robert Boyd, #4 Defendants' Exhibit 17 - Additional Excerpts from the Deposition Transcript of Andres Hernandez, #5 Defendants' Exhibit 18 - Supplemental Declaration of Dr. Melanie Malterer, #6 Defendants' Exhibit 19 - Order for Supplies or Services with Fluent Language Solutions, Inc., #7 Defendants' Exhibit 20 - Federal Bureau of Prisons Psychology Data System, Robert Boyd, entry dated January 13, 2014, #8 Defendants' Exhibit 21 - Excerpts from the Deposition of Tracy Johns, #9 Defendants' Exhibit 22 - Additional Excerpts from the Deposition Transcript of Justin Andrews, #10 Defendants' Exhibit 23 - Additional Excerpts from the Deposition Transcript of Amy Jacobs, #11 Defendants' Exhibit 24 - Bureau of Prisons Health Services Clinical Encounters, Robert Boyd, entries dated June 6, 2014 and August 8, 2014, #12 Defendants' Exhibit 25 - Additional Excerpts from the Deposition Transcript of Thomas Heyer, #13 Defendants' Exhibit 26 - Additional Excerpts from the Deposition Transcript of Nicole Weaver, #14 Defendants' Exhibit 27 - Excerpts from the Deposition Transcript of Todd Craig) (Dannels, Jennifer)
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| November 18, 2014 |
Filing 129
MOTION for Leave to File Excess Pages by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| October 28, 2014 |
Filing 128
Memorandum in Support regarding #127 MOTION for Summary Judgment as to Counts II, IV, VI, and VIII filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit II (Boyd Deposition Excerpt), #2 Exhibit JJ (Steinour Deposition Excerpt), #3 Exhibit KK (PDS Note for CTP Program), #4 Exhibit LL (Hernandez Deposition Excerpt), #5 Exhibit MM (Baker Deposition Excerpt), #6 Exhibit NN (Marano VDOC Deposition), #7 Exhibit OO (Craig Deposition Excerpt), #8 Exhibit PP (Andrews Deposition Excerpt)) (Hoffman, Ian)
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| October 28, 2014 |
Filing 127
MOTION for Summary Judgment as to Counts II, IV, VI, and VIII by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| October 28, 2014 |
Filing 126
AMENDED DOCUMENT by Robert Paul Boyd, Thomas Heyer. Amendment to #124 Response in Opposition to Motion now attaching Exhibit HH, which was inadvertently omitted from the 10/14/14 filing. (Pearce, Carolyn)
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| October 15, 2014 |
Filing 125
AMENDED DOCUMENT by Robert Paul Boyd, Thomas Heyer. Amendment to #124 Response in Opposition to Motionnow attaching Exhibit DD, which was inadvertently omitted from the 10/14/14 filing. (Pearce, Carolyn)
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| October 14, 2014 |
Filing 124
RESPONSE in Opposition regarding #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B, #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal), #5 Exhibit E (filed under seal), #6 Exhibit F (filed under seal), #7 Exhibit G (filed under seal), #8 Exhibit H (filed under seal), #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T (filed under seal), #21 Exhibit U, #22 Exhibit V, #23 Exhibit W (filed under seal), #24 Exhibit X (filed under seal), #25 Exhibit Y (filed under seal), #26 Exhibit Z (filed under seal), #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit EE, #31 Exhibit FF (filed under seal), #32 Exhibit GG (filed under seal)) (Pearce, Carolyn)
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| October 14, 2014 |
Filing 123
MOTION to Seal Document #122 PROPOSED SEALED Document by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Memorandum, #2 Text of Proposed Order Proposed Order) (Hoffman, Ian)
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| October 14, 2014 |
Filing 122
Exhibit A - SEALED Document: (Selected Participants Only)by Plaintiffs (available to: Plaintiffs Robert Paul Boyd, Thomas Heyer, Defendants Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons). (Attachments: #1 Exhibit C - Proposed Sealed Document, #2 Exhibit D - Proposed Sealed Document, #3 Exhibit E - Proposed Sealed Document, #4Exhibit FF - Proposed Sealed Document, #5 Exhibit F - Proposed Sealed Document, #6 Exhibit G - Proposed Sealed Document, #7 Exhibit GG - Proposed Sealed Document, #8 Exhibit H - Proposed Sealed Document, #9 Exhibit T - Proposed Sealed Document, #10 Exhibit W - Proposed Sealed Document, #11 Exhibit X - Proposed Sealed Document, #12 Exhibit Y - Proposed Sealed Document, #13 Exhibit Z - Proposed Sealed Document) (Hoffman, Ian) Modified on 3/26/2015 to enter the corresponding exhibit letters (McDowell, G.)
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| October 14, 2014 |
Filing 121
MOTION for Leave to File Excess Pages by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order Proposed Order) (Hoffman, Ian)
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| September 19, 2014 |
Filing 120
ORDER - The court DENIES plaintiffs' motion to reinstate their Rehabilitation Act claim [D.E. 106]. The court GRANTS plaintiffs' motions for extension of time [D.E. 107, 116] and defendants' motion to file a brief which exceeds the page limitation prescribed in Local Civil Ru1e 7.2( e) [D.E. 110]. Plaintiff's response to motion for summary judgment is due by 10/14/2014. Plaintiff's motions deadline is 10/28/2014. Defendant's shall have 21 days thereafter to file response. Signed by Chief Judge James C. Dever, III on 9/19/2014. (Castania, M.)
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| September 15, 2014 |
Filing 119
RESPONSE in Opposition regarding #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment , conditionally filed by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| September 12, 2014 |
Filing 118
ORDER - that plaintiffs' motion (D.E. 73) to compel is DENIED. Signed by US Magistrate Judge James E. Gates on 9/12/2014. (McDowell, G.)
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| September 11, 2014 |
Motion Submitted to United States Chief Judge James C. Dever, III regarding #116 MOTION for Extension of Time to File Response as to #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment . (Blankenship, T.)
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| September 10, 2014 |
Filing 117
RESPONSE to Motion regarding #116 MOTION for Extension of Time to File Response/Reply as to #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dannels, Jennifer)
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| September 9, 2014 |
Filing 116
MOTION for Extension of Time to File Response/Reply as to #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| August 22, 2014 |
Motions Submitted to Chief Judge James C. Dever III: #107 MOTION for Extension of Time to File Dispositive Motions and #106 MOTION for Leave to File Motion for Leave to Amend to Reinstate Rehabilitation Act Claim. (McDowell, G.)
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| August 21, 2014 |
Filing 115
NOTICE by Robert Paul Boyd, Thomas Heyer of Reservation of Rights to File Summary Judgment Motion. (Hennessy, Sean)
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| August 21, 2014 |
Filing 114
REPLY to Response to Motion regarding #107 MOTION for Extension of Time to File Dispositive Motions filed by Robert Paul Boyd, Thomas Heyer. (Hennessy, Sean)
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| August 21, 2014 |
Filing 113
REPLY to Response to Motion regarding #106 MOTION for Leave to File Motion for Leave to Amend to Reinstate Rehabilitation Act Claim filed by Robert Paul Boyd, Thomas Heyer. (Hennessy, Sean)
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| August 21, 2014 |
Filing 112
Memorandum in Support regarding #111 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit 1 - Index of Exhibits, #2 Exhibit 2 - Declaration of Douglass Willis, #3 Exhibit 3 - Excerpts from the Deposition Transcript of Robert Boyd, #4 Exhibit 4 - Excerpts from the Deposition Transcript of Thomas Heyer, #5 Exhibit 5 - Declaration of Vikki Evans, #6 Exhibit 6 - Declaration of Dr. Melanie Malterer, #7 Exhibit 7 - Excerpts from the Deposition Transcript of Dr. Andres Hernandez, #8 Exhibit 8 - Declaration of Stanislaw Sielicki, #9 Exhibit 9 - Exerpts from the Deposition Transcript of Nicole Weaver, #10 Exhibit 10 - Excerpts from the Deposition Transcript of Justin Andrews, #11 Exhibit 11 - Declaration of Todd Craig, #12 Exhibit 12 - Declaration of Chaplain Lynn McLaughlin, #13 Exhibit 13 - Excerpts from the Deposition Transcript of Amy Jacobs) (Dannels, Jennifer)
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| August 21, 2014 |
Filing 111
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for Summary Judgment by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dannels, Jennifer)
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| August 21, 2014 |
Filing 110
MOTION for Leave to File Excess Pages by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| August 13, 2014 |
Filing 109
RESPONSE in Opposition regarding #107 MOTION for Extension of Time to File Dispositive Motions filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| August 13, 2014 |
Filing 108
RESPONSE in Opposition regarding #106 MOTION for Leave to File Motion for Leave to Amend to Reinstate Rehabilitation Act Claim filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit Recommended Decision of the Administrative Law Judge) (Bredenberg, Michael)
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| August 1, 2014 |
NOTICE OF CORRECTION regarding: #106 Motion for Leave to File. Clerk's Office has corrected the naming conventions for the exhibits in the entry. For future reference, pursuant to Section L (2)(b) of the Court's Electronic Policy and Procedure Manual, counsel should use the proper naming conventions to identify each exhibit. It is not necessary to re-file. (Fogle, L.)
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| August 1, 2014 |
MOTION REFERRED to United States Magistrate Judge Robert B. Jones, Jr. regarding #107 MOTION for Extension of Time to File Dispositive Motions. (Blankenship, T.)
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| August 1, 2014 |
Motion No Longer Referred to United States Magistrate Judge Robert B. Jones, Jr. regarding #107 MOTION for Extension of Time to File Dispositive Motions. (Blankenship, T.)
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| July 31, 2014 |
Filing 107
MOTION for Extension of Time to File Dispositive Motions by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - Email from Jennifer Dannels to Tivey Clark dated 5/15/2014 regarding Heyer v. United States Bureau of Prisons, 5:11-CT-3118-D. #2 Text of Proposed Order) (Hoffman, Ian) Modified on 8/1/2014 to add naming conventions. (Fogle, L.)
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| July 31, 2014 |
Filing 106
MOTION for Leave to File Motion for Leave to Amend to Reinstate Rehabilitation Act Claim by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - Correspondence from Ian S. Hoffman to Richard Toscano dated 7/15/2013 regarding complaint. #2 Exhibit B - Correspondence from Mina Raskin to Ian S. Hoffman dated 8/20/2013 regarding complaint. #3 Exhibit C - Fax received 6/17/2014 from Debra Lynn Rosario, Secretary to the Honorable Christopher B. McNeil regarding the Recommended Decision of the Administrative Law Judge. #4 Exhibit D - Correspondence from Ian S. Hoffman to Mark L. Gross dated 7/2/2014 regarding Complainants Exceptions to the Recommended Decision of the Administrative Law Judge (dated June 17, 2014). #5 Exhibit E - #6 Text of Proposed Order) (Hoffman, Ian) Modified on 8/1/2014 to add naming conventions. (Fogle, L.)
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| June 17, 2014 |
Filing 105
ORDER - defendants' motion (D.E. 87) for a protective order is DENIED. The deposition and document production sought by the subpoenas issued by plaintiffs to the VDOC shall occur as promptly as possible on a date not later than 15 July 2014 designated by plaintiffs after conferring with and providing reasonable notice to defendants and the VDOC. Signed by US Magistrate Judge James E. Gates on 6/16/2014. (McDowell, G.)
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| June 17, 2014 |
Filing 104
MODIFIED PROTECTIVE ORDER. Signed by US Magistrate Judge James E. Gates on 6/16/2014. (McDowell, G.)
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| June 6, 2014 |
Filing 103
Joint MOTION for Protective Order Joint Motion of All Parties to Modify Protective Orders by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order Ex. A -- Proposed Modified Protective Order) (Hoffman, Ian)
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| June 6, 2014 |
MOTION REFERRED to United States Magistrate Judge James E. Gates regarding #103 Joint MOTION for Protective Order Joint Motion of All Parties to Modify Protective Orders. (Blankenship, T.)
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| May 15, 2014 |
Filing 102
ORDER - GRANTING #101 Motion for Extension of Time. All potentially dispositive motions shall be filed by 21 August 2014. Signed by Chief Judge James C. Dever III on 5/15/2014. (Indig, A.)
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| May 13, 2014 |
Filing 101
Joint MOTION for Extension of Time to File Second Joint Motion for Extension to file Dispositive Motions by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| April 14, 2014 |
Filing 100
ORDER - GRANTING #99 Motion for Extension of Time. All potentially dispositive motions shall be filed by 6 June 2014. Signed by Magistrate Judge James E. Gates on 4/14/2014. (Indig, A.)
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| April 3, 2014 |
MOTION REFERRED to Magistrate Judge James E. Gates as to: #99 Joint MOTION for Extension of Time to File Dispositive Motions. (Indig, A.)
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| April 2, 2014 |
Filing 99
Joint MOTION for Extension of Time to File Dispositive Motions by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| February 27, 2014 |
Filing 98
ORDER - the court APPROVES and ADOPTS the stipulation. The physical examinations of plaintiffs shall proceed on the terms set out in the stipulation. Signed by Magistrate Judge James E. Gates on 2/27/2014. (Attachment: #1 Joint Stipulation) (Indig, A.)
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| February 25, 2014 |
Filing 97
STIPULATION Joint - Corrected by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| February 25, 2014 |
Filing 96
STIPULATION Joint by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| January 28, 2014 |
Filing 95
ORDER - GRANTING #94 Motion for Extension of Time to Complete Discovery. Expert discovery shall be completed by 10 March 2014, all potentially dispositive motions shall be filed by 7 April 2014. Signed by Magistrate Judge James E. Gates on 1/27/2014. (Indig, A.)
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| January 27, 2014 |
Motion referred to US Magistrate Judge James E. Gates: #94 MOTION for Extension of Time to Complete Discovery. (McDowell, G.)
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| January 24, 2014 |
Filing 94
JOINT MOTION for Extension of Time to Complete Discovery by Robert Paul Boyd, Ike Eichenlaub, Thomas Heyer, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, and United States Bureau of Prisons. (Attachment: #1 Text of Proposed Order) (Motion filed at Raleigh Intake due to problems with external access to CM/ECF) (McDowell, G.)
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| December 31, 2013 |
Filing 93
RESPONSE in Opposition regarding #87 MOTION for Protective Order Supplemental Opposition to Defendants' Motion for Protective Order Citing Newly Produced Evidence filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - BOP Report) (Hoffman, Ian)
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| December 19, 2013 |
Filing 92
ORDER - GRANTING #80 Motion for Extension of Time and GRANTING #83 Motion for Extension of Time. Defendants shall respond to plaintiffs' second set of interrogatories and second request for production of documents by 25 December 2013. Plaintiffs shall be permitted to conduct the deposition of Bureau of Prisons witness Todd Craig no later than 24 January 2014. Signed by Magistrate Judge James E. Gates on 12/19/2013. (Indig, A.)
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| December 17, 2013 |
MOTIONS REFERRED to Magistrate Judge James E. Gates as to: #80 MOTION for Extension of Time for Defendants to respond to Plaintiffs' Second Request for Interrogatories and Second Request for Production of Documents and #87 MOTION for Protective Order. (Indig, A.)
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| December 16, 2013 |
Filing 91
RESPONSE in Opposition regarding #87 MOTION for Protective Order filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - Oct. 31, 2013 VDOC subpoenas, #2 Exhibit B - Nov. 18, 2013 VDOC subpoenas to B. Marano, #3 Exhibit C - Nov. 18, 2013 VDOC subpoenas to H. Clarke, #4 Exhibit D - Interrogatory Responses) (Hoffman, Ian)
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| December 12, 2013 |
Motion No Longer Submitted to Staff Counsel III regarding #83 Cross MOTION for Extension of Time to CompleteTwo Depositions Regarding Videophones. (Blankenship, T.)
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| December 12, 2013 |
MOTION REFERRED to US Magistrate Judge James E. Gates regarding #83 Cross MOTION for Extension of Time to Complete Two Depositions Regarding Videophones. (Blankenship, T.)
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| December 11, 2013 |
Filing 90
RESPONSE to Motion regarding #83 Cross MOTION for Extension of Time to CompleteTwo Depositions Regarding Videophones filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Dannels, Jennifer)
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| December 11, 2013 |
Motion Submitted to Staff Counsel III regarding #83 Cross MOTION for Extension of Time to Complete Two Depositions Regarding Videophones. (Blankenship, T.)
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| November 27, 2013 |
Filing 89
Proposed Order regarding #87 MOTION for Protective Order filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Fesak, Matthew)
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| November 27, 2013 |
Filing 88
Memorandum in Support regarding #87 MOTION for Protective Order filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit Subpoenas Served on the Virginia Department of Corrections) (Fesak, Matthew)
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| November 27, 2013 |
Filing 87
MOTION for Protective Order by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Fesak, Matthew)
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| November 27, 2013 |
Filing 86
NOTICE of Appearance by Matthew Lee Fesak on behalf of Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Fesak, Matthew)
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| November 27, 2013 |
Filing 85
Declaration regarding #84 Response in Opposition to Motion, to compel the production of documents by Sara M. Revell, United States Bureau of Prisons, Tracy W. Johns, Thomas R Kane, Eric H. Holder, Jr, Ike Eichenlaub filed by Sara M. Revell, United States Bureau of Prisons, Tracy W. Johns, Thomas R Kane, Eric H. Holder, Jr, Ike Eichenlaub. (Bredenberg, Michael)
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| November 27, 2013 |
Filing 84
RESPONSE in Opposition regarding #73 MOTION to Compel the Production of Documents Second filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit Privilege Log) (Bredenberg, Michael)
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| November 27, 2013 |
Filing 83
Cross MOTION for Extension of Time to CompleteTwo Depositions Regarding Videophones by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A (Rule 30(b)(6) Notice), #2 Exhibit B (Subpoena to VDOC), #3 Exhibit C (Subpoena to VDOC -- Clarke), #4 Exhibit D (Subpoena to VDOC -- Marano), #5 Text of Proposed Order) (Hoffman, Ian)
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| November 27, 2013 |
Filing 82
RESPONSE to Motion regarding #80 MOTION for Extension of Time for Defendants to respond to Plaintiffs' Second Request for Interrogatories and Second Request for Production of Documents and Cross-Motion for Leave to Complete Two Depositions Regarding Videophones filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A (Rule 30(b)(6) Notice), #2 Exhibit B (Subpoena to VDOC), #3 Exhibit C (Subpoena to VDOC -- Clarke), #4 Exhibit D (Subpoena to VDOC -- Marano), #5 Text of Proposed Order) (Hoffman, Ian)
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| November 26, 2013 |
Filing 81
NOTICE of Appearance by G. Norman Acker, III on behalf of Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons (Acker, G.)
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| November 25, 2013 |
Filing 80
MOTION for Extension of Time for Defendants to respond to Plaintiffs' Second Request for Interrogatories and Second Request for Production of Documents by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Dannels, Jennifer)
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| October 29, 2013 |
Filing 79
NOTICE of Appearance by Robert J Dodson on behalf of All Defendants. (Dodson, Robert)
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| October 22, 2013 |
Filing 78
NOTICE of Appearance for non-district by Sean P Hennessy on behalf of all Plaintiffs. (Hennessy, Sean)
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| October 10, 2013 |
Filing 77
RESPONSE to Motion regarding #73 MOTION to Compel the Production of Documents filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| October 10, 2013 |
MOTION REFERRED to US Magistrate Judge James E. Gates regarding #73 MOTION to Compel the Production of Documents. (Blankenship, T.)
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| October 2, 2013 |
Filing 76
ORDER - GRANTING #74 Motion to Expedite. Defendants shall file a response to the motion to compel on or before October 10, 2013. Plaintiffs shall not file any reply. The court REFERS the motion to compel [D.E. 73] to Magistrate Judge James E. Gates. Signed by Chief Judge James C. Dever III on 10/2/2013. (Indig, A.)
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| October 2, 2013 |
Filing 75
NOTICE of Appearance by Michael D. Bredenberg on behalf of Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Bredenberg, Michael)
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| October 1, 2013 |
Motion Submitted to Staff Counsel III: #74 MOTION to Expedite (Motion for Expedited Consideration of Plaintiffs' Motion to Compel). (McDowell, G.)
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| September 30, 2013 |
Filing 74
MOTION to Expedite (Motion for Expedited Consideration of Plaintiffs' Motion to Compel) by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| September 30, 2013 |
Filing 73
MOTION to Compel the Production of Documents by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A (Privilege Log), #2 Text of Proposed Order) (Hoffman, Ian)
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| September 26, 2013 |
Filing 72
Notice of Substitution of Counsel by R. A. Renfer, Jr on behalf of Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons substituting for Seth M. Wood. (Renfer, R.)
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| September 26, 2013 |
Filing 71
NOTICE of Appearance by Jennifer D. Dannels on behalf of All Defendants. (Dannels, Jennifer)
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| September 23, 2013 |
Filing 70
ORDER - DENYING #64 Motion to Stay. GRANTING in PART #69 Motion for Extension of Time to Complete Discovery. Discovery due by 1/24/2014 and Motions due by 2/21/2014. Signed by Chief Judge James C. Dever III on 9/23/2013. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.)
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| September 17, 2013 |
Motion Submitted to Staff Counsel III as to: #69 Consent MOTION for Extension of Time to Complete Discovery. (Indig, A.)
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| September 16, 2013 |
Filing 69
Consent MOTION for Extension of Time to Complete Discovery by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| September 10, 2013 |
Motion Submitted to Staff Counsel III as to: #64 MOTION to Stay Further Proceedings Pending Exhaustion of Administrative Remedies. (Indig, A.)
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| September 9, 2013 |
Filing 68
RESPONSE in Opposition regarding #64 MOTION to Stay Further Proceedings Pending Exhaustion of Administrative Remedies filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A (Bryant Order on Motion to Dismiss (July 11, 2011)) (Hoffman, Ian)
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| August 27, 2013 |
Filing 67
ORDER - GRANTING #66 Motion to Expedite. Plaintiffs shall respond to Defendants' motion to stay on or before September 9, 2013. Defendants will not file a reply in support of their motion. Signed by Chief Judge James C. Dever III on 8/26/2013. (Indig, A.)
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| August 26, 2013 |
Filing 66
MOTION to Expedite (Unopposed Motion for Expedited Considertaion of Motion to Stay Pending Proceedings) by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| August 26, 2013 |
Filing 65
Memorandum in Support regarding #64 MOTION to Stay Further Proceedings Pending Exhaustion of Administrative Remedies filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit A - Letter to Richard Toscano, #2 Exhibit B - Letter to Mina Raskin) (Wood, Seth)
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| August 26, 2013 |
Filing 64
MOTION to Stay Further Proceedings Pending Exhaustion of Administrative Remedies by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| August 5, 2013 |
Filing 63
SECOND PROTECTIVE ORDER. Signed by Magistrate Judge James E. Gates on 8/2/2013. (Indig, A.)
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| August 5, 2013 |
Filing 62
PROTECTIVE ORDER. Signed by Magistrate Judge James E. Gates on 8/2/2013. (Indig, A.)
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| July 12, 2013 |
Filing 61
MOTION for Protective Order (Unopposed) by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| July 12, 2013 |
MOTION REFERRED to Magistrate Judge James E. Gates as to: #61 MOTION for Protective Order (Unopposed). (Indig, A.)
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| July 9, 2013 |
Filing 60
MOTION for Protective Order (Unopposed) by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| July 9, 2013 |
MOTION REFERRED to Magistrate Judge James E. Gates as to: #60 MOTION for Protective Order (Unopposed). (Indig, A.)
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| June 19, 2013 |
Filing 59
WITHDRAWAL of Motion by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. regarding #56 MOTION for Extension of Time (refiled Motion to include Exhibit A) filed by Thomas R Kane, Tracy W. Johns, Eric H. Holder, Jr., Sara M. Revell, United States Bureau of Prisons, Ike Eichenlaub . (Wood, Seth)
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| June 19, 2013 |
Filing 58
NOTICE by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons regarding #56 MOTION for Extension of Time. (refiled Motion to include Exhibit A) (Notice of Withdrawal of Defendant's Motion For Extension Of Time) (Wood, Seth)
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| June 19, 2013 |
MOTION REFERRED to Magistrate Judge James E. Gates as to #56 MOTION for Extension of Time. (Indig, A.)
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| June 18, 2013 |
Filing 57
RESPONSE to Motion regarding #56 MOTION for Extension of Time (refiled Motion to include Exhibit A), #55 MOTION for Extension of Time (to respond to plaintiffs' first requests for production of documents) filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order, #2 Exhibit B -- Plaintiffs' First Set of Requests for Production) (Hoffman, Ian)
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| June 18, 2013 |
Filing 56
MOTION for Extension of Time (refiled Motion to include Exhibit A) by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit A-Plaintiffs' Requests for Production of Documents to Defendants (Set One)) (Wood, Seth)
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| June 18, 2013 |
Filing 55
MOTION for Extension of Time (to respond to plaintiffs' first requests for production of documents) by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| May 31, 2013 |
Filing 54
SCHEDULING ORDER - Fact Discovery due by 9/27/2013 and all Expert Discovery due by 11/22/2013. Motions due by 12/20/2013. Signed by Magistrate Judge James E. Gates on 5/31/2013. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.)
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| May 1, 2013 |
Filing 53
Notice of Substitution of Counsel by Deborah M. Golden on behalf of Robert Paul Boyd, Thomas Heyer substituting for Philip J. Fornaci. (Golden, Deborah)
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| April 22, 2013 |
Filing 52
AMENDED ANSWER to #24 Amended Complaint by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| April 8, 2013 |
Filing 51
ANSWER to #24 Amended Complaint (Plaintiff's Verifed First Amended Complaint) by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| March 28, 2013 |
Filing 50
Rule 26(f) Report (individual) by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| March 28, 2013 |
Filing 49
REPORT of Rule 26(f) Planning Meeting by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R. Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| March 26, 2013 |
Filing 48
ORDER - GRANTING #47 Motion for Extension of Time to Answer regarding plaintiff's amended complaint. Responses due by 4/8/2013. Signed by Chief Judge James C. Dever III on 3/26/2013. (Indig, A.)
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| March 25, 2013 |
Filing 47
MOTION for Extension of Time to File Response/Reply as to #24 Amended Complaint by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| March 11, 2013 |
Filing 46
ORDER - Plaintiffs' motion for summary judgment on count two #37 is DENIED WITHOUT PREJUDICE, and defendants' motion to dismiss or for summary judgment #32 is GRANTED IN PART and DENIED IN PART. Count one under the Rehabilitation Act is DISMISSED without prejudice for failure to exhaust administrative remedies under 28 C.F.R. 39.170. Count five under the Fifth Amendment is DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Counts two, three, four, six, seven, eight, nine, and ten survive. Plaintiffs' Ru1e 56(d) motion #36 is GRANTED IN PART as to the remaining claims, and defendants' motion for summary judgment is DENIED without prejudice as to the remaining claims. The parties shall confer and file a proposed scheduling order (or separate proposed orders, if the parties cannot agree) no later than March 28, 2013. Signed by Chief Judge James C. Dever III on 3/11/2013. (Indig, A.)
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| October 26, 2012 |
Filing 45
RESPONSE regarding #44 Notice-(other), filed by Robert Paul Boyd, Thomas Heyer. (Pearce, Carolyn)
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| October 15, 2012 |
Filing 44
NOTICE by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R. Kane, Sara M. Revell, United States Bureau of Prisons regarding #33 Memorandum in Support, #32 MOTION to Dismiss MOTION for Summary Judgment. (Supplement to Defendants' Alternative Motion for Summary Judgment) (Attachments: #1 Declaration of Justin F. Andrews) (Wood, Seth)
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| August 24, 2012 |
Motions Submitted to Staff Counsel III: #37 MOTION for Summary Judgment as to Count II of the First Amended Complaint, #36 MOTION Pursuant to Rule 56(d) for Denial of or, in the Alternative, for Continuance to Respond to Defendants' Alternative Motion for Summary Judgment and #32 MOTION to Dismiss MOTION for Summary Judgment . (McDowell, G.)
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| August 23, 2012 |
Filing 43
REPLY to Response to Motion regarding #37 MOTION for Summary Judgment as to Count II of the First Amended Complaint filed by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| August 23, 2012 |
Filing 42
REPLY to Response to Motion regarding #36 MOTION Pursuant to Rule 56(d) for Denial of or, in the Alternative, for Continuance to Respond to Defendants' Alternative Motion for Summary Judgment filed by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| August 9, 2012 |
Filing 41
RESPONSE in Opposition regarding #37 MOTION for Summary Judgment as to Count II of the First Amended Complaint filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 (A) Supplemental Declaration of Karen L. Steinour) (Wood, Seth)
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| August 9, 2012 |
Filing 40
RESPONSE in Opposition regarding #36 MOTION Pursuant to Rule 56(d) for Denial of or, in the Alternative, for Continuance to Respond to Defendants' Alternative Motion for Summary Judgment filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| August 2, 2012 |
Filing 39
RESPONSE regarding #35 Response in Opposition to Motion, (Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss Or, In The Alternative, For Summary Judgment) filed by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit A. Findings of Fact and Conclusions of Law) (Wood, Seth)
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| July 20, 2012 |
NOTICE OF CORRECTION regarding: #38 Memorandum in Support, #35 Response in Opposition to Motion - These document do not comply with Section L of this court's Electronic Case Filing Administrative Policies and Procedures Manual pertaining to clear and complete identification/description of attachments. These documents have been modified. FUTURE filings without complete descriptions for the exhibits will have to be re-filed. (Fogle, L.)
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| July 19, 2012 |
Filing 38
Memorandum in Support regarding #37 MOTION for Summary Judgment as to Count II of the First Amended Complaint filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - Heyer Order) (Hoffman, Ian) Modified on 7/20/2012 to correct description of order. (Fogle, L.)
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| July 19, 2012 |
Filing 37
MOTION for Summary Judgment as to Count II of the First Amended Complaint by Robert Paul Boyd, Thomas Heyer. (Hoffman, Ian)
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| July 19, 2012 |
Filing 36
MOTION Pursuant to Rule 56(d) for Denial of or, in the Alternative, for Continuance to Respond to Defendants' Alternative Motion for Summary Judgment by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Declaration of Ian S. Hoffman) (Hoffman, Ian)
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| July 19, 2012 |
Filing 35
RESPONSE in Opposition regarding #32 MOTION to Dismiss MOTION for Summary Judgment filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A - Heyer Order ) (Hoffman, Ian) Modified on 7/20/2012 to correct description of order. (Fogle, L.)
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| June 25, 2012 |
Filing 34
Declaration regarding #33 Memorandum in Support, (Declaration of Cornelia J. Coll) by Sara M. Revell, United States Bureau of Prisons, Tracy W. Johns, Thomas R Kane, Eric H. Holder, Jr., Ike Eichenlaub filed by Sara M. Revell, United States Bureau of Prisons, Tracy W. Johns, Thomas R Kane, Eric H. Holder, Jr., Ike Eichenlaub. (Wood, Seth)
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| June 25, 2012 |
Filing 33
Memorandum in Support regarding #32 MOTION to Dismiss MOTION for Summary Judgment filed by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit List, #2 Exhibit (A) Filed Separately Under Declaration, #3 Exhibit (B) Declaration of Mina Raskin, #4 Exhibit (C) Declaration of Kenneth McKoy, #5 Exhibit (D) Declaration of Karen L. Steinour, #6 Exhibit (E) Declaration of Amy Jacobs, #7 Exhibit (E) Declaration of Jordan May) (Wood, Seth)
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| June 25, 2012 |
Filing 32
MOTION to Dismiss , MOTION for Summary Judgment by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| June 7, 2012 |
Filing 31
ORDER - GRANTING #30 Motion for Extension of Time to File Response as to #24 Amended Complaint (Unopposed). Responses due by 6/25/2012. Signed by Julie A. Richards, Clerk of Court on 6/7/2012. (Indig, A.)
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| June 6, 2012 |
Filing 30
Second MOTION for Extension of Time to File Answer or Response as to #24 Amended Complaint (Unopposed) by Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| April 24, 2012 |
Filing 29
ORDER - GRANTING #28 Motion for Extension of Time to File Response to Plaintiff's First Amended Complaint up to and including 6/11/2012. Signed by Julie A. Richards, Clerk of Court on 4/24/2012. (Indig, A.)
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| April 23, 2012 |
Filing 28
MOTION for Extension of Time to File Response/Reply as to #24 Amended Complaint by Ike Eichenlaub, Eric H. Holder, Jr, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| April 23, 2012 |
Filing 27
NOTICE of Appearance by Seth Morgan Wood on behalf of Ike Eichenlaub, Eric H. Holder, Jr., Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| April 12, 2012 |
Filing 26
Summons Issued as to Eric H. Holder, Jr, U.S. Attorney and U.S. Attorney General. (Blankenship, T.)
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| April 12, 2012 |
Filing 25
***CORRECTED SUMMONS - AMENDED DOCUMENT by Robert Paul Boyd, Thomas Heyer. Summons for Issuance. (Hoffman, Ian)
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| April 12, 2012 |
NOTICE OF DEFICIENCY re: #24 Amended Complaint: Failure to Flatten Form (Summons for Issuance). The court prefers flattened pdf fillable forms, as stated in Section B(3) of the Administrative Policies and Procedures Manual. Counsel is directed to re-file the summons as a "Flattened Document." (Fogle, L.)
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| April 11, 2012 |
Filing 24
***REFER TO DE # 25 FOR CORRECTED SUMMONS AMENDED COMPLAINT against All Defendants, filed by Thomas Heyer, Robert Paul Boyd. (Attachments: #1 Summons for Issuance) (Hoffman, Ian)
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| April 10, 2012 |
Filing 23
ORDER - GRANTING #22 Motion for Leave to File and directs plaintiffs to file their proposed amended complaint on or before April 17, 2012, and to present summonses to the Clerk for issuance. DENYING as moot #14 Motion to Dismiss. Signed by Chief Judge James C. Dever III on 4/10/2012. (Indig, A.)
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| April 6, 2012 |
Motion Submitted to Staff Counsel III: #22 MOTION for Leave to File First Amended Complaint. (Indig, A.)
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| April 4, 2012 |
Filing 22
MOTION for Leave to File First Amended Complaint by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit A -- Proposed First Amended Complaint, #2 Text of Proposed Order) (Hoffman, Ian)
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| April 4, 2012 |
NOTICE OF DEFICIENCY re: #22 Motion for Leave to File: IN FUTURE FILINGS counsel is to refer to the WESTERN DIVISION in the case caption on all documents filed in this case. There is not a Raleigh division. (Fogle, L.)
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| March 26, 2012 |
Filing 21
ORDER - GRANTING #20 Motion for Extension of Time to File Response re #14 MOTION to Dismiss. Plaintiffs' response due by 4/11/2012. Signed by Julie A. Richards, Clerk of Court on 3/26/2012. (Indig, A.)
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| March 23, 2012 |
Filing 20
Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| February 21, 2012 |
Filing 19
ORDER - GRANTING #18 Motion for Extension of Time to File Response re #14 MOTION to Dismiss. Plaintiff's response due by 3/28/2012. Signed by Dennis P. Iavarone, Clerk of Court on 2/21/2012. (Indig, A.)
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| February 20, 2012 |
Filing 18
Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| February 1, 2012 |
Filing 17
ORDER - GRANTING #16 Motion for Extension of Time to File Response re #14 MOTION to Dismiss. Plaintiff's response due by 3/7/2012. Signed by Dennis P. Iavarone, Clerk of Court on 2/1/2012. (Indig, A.)
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| January 30, 2012 |
Filing 16
Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Text of Proposed Order) (Hoffman, Ian)
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| January 11, 2012 |
Filing 15
Memorandum in Support re #14 MOTION to Dismiss filed by Ike Eichenlaub, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Attachments: #1 Exhibit (A) Declaration of Lynnell Cox with Attachments 1 through 5, #2 Exhibit (B) Declaration of Mina Raskin, #3 Exhibit (C) Declaration of Nicole C. Weaver) (Wood, Seth)
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| January 11, 2012 |
Filing 14
MOTION to Dismiss by Ike Eichenlaub, Tracy W. Johns, Thomas R Kane, Sara M. Revell, United States Bureau of Prisons. (Wood, Seth)
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| December 13, 2011 |
Filing 13
ORDER granting #12 Motion for Extension of Time to File Response re #1 Complaint; Responses due by 1/11/2012. Signed by Dennis P. Iavarone, Clerk of Court on 12/13/2011. Copy mailed to plaintiff. (McDowell, G.)
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| December 12, 2011 |
Filing 12
MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Ike Eichenlaub, Tracy W. Johns, Thomas R Kane, Sara M. Revell and United States Bureau of Prisons. (Attachments: #1 Text of Proposed Order) (Wood, Seth)
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| December 12, 2011 |
Filing 11
NOTICE of Appearance by Seth Morgan Wood on behalf of Ike Eichenlaub, Tracy W. Johns, Thomas R Kane, Sara M. Revell and United States Bureau of Prisons. (Wood, Seth)
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| November 9, 2011 |
Filing 10
NOTICE of Change of Address by Neil A. Riemann (Riemann, Neil)
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| October 25, 2011 |
Filing 9
AFFIDAVIT of Service for Summons and Complaint served on Ike Eichenlaub, Thomas Kane, U.S. Bureau of Prisons on October 18, 2011 and October 20, 2011, filed by Robert Paul Boyd and Thomas Heyer. (Attachments: #1 Exhibit 1 - Proof for Ike Eichenlaub, #2 Exhibit 2 - Proof for Bureau of Prisons, #3 Exhibit 3 - Proof for Thomas Kane) (Pearce, Carolyn)
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| October 17, 2011 |
Filing 8
AFFIDAVIT of Service for summons and complaint served on all defendants on various dates, filed by Robert Paul Boyd, Thomas Heyer. (Attachments: #1 Exhibit 1 - Proof for Eichenlaub, #2 Exhibit 2 - Proof for BoP and Kane, #3 Exhibit 3 - Proof for Johns, #4 Exhibit 4 - Proof for Revell, #5 Exhibit 5 - Proof for AG, #6 Exhibit 6 - Proof for US Atty) (Riemann, Neil)
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| September 28, 2011 |
Filing 7
NOTICE of Appearance by Carolyn A. Pearce on behalf of All Plaintiffs. (Pearce, Carolyn)
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| August 4, 2011 |
Filing 6
Summons Issued as to: Ike Eichenlaub, Tracy W. Johns, Thomas R Kane, Sara M. Revell, and United States Bureau of Prisons. (Taylor, B.)
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| August 3, 2011 |
Filing 5
ORDER DIRECTING CLERK TO CONTINUE MANAGEMENT OF CASE - Plaintiff's claims are not clearly frivolous. Accordingly, the clerk is DIRECTED to continue management of the action. Signed by US District Judge James C. Dever III on 8/3/2011. (Taylor, B.)
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| July 29, 2011 |
Filing 4
NOTICE of Appearance by Ian S. Hoffman on behalf of All Plaintiffs. (Hoffman, Ian)
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| June 22, 2011 |
Filing 3
ORDER REASSIGNING CASE - All future pleadings should reflect the revised case number of: 5:11-CT-3118-D. Signed by Julie Richards, Chief Deputy Clerk for Dennis P. Iavarone, Clerk of Court on 6/22/11. (Blankenship, T.)
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| June 22, 2011 |
NOTICE OF CORRECTION re: #1 Complaint. Since this action alleges claims regarding conditions of confinement the nature of suit has been changed to 555 and the cause of action has been changed to 28:1331. (Blankenship, T.)
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| June 21, 2011 |
Filing 2
NOTICE of Appearance by Philip J. Fornaci on behalf of All Plaintiffs (Fornaci, Philip)
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| June 20, 2011 |
Filing 1
COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0417-1653669.), filed by Thomas Heyer, Robert Paul Boyd. (Attachments: #1 Civil Cover Sheet with attachment, #2 summons for issuance, #3 ummons for issuance, #4 ummons for issuance, #5 ummons for issuance, #6 ummons for issuance) (Riemann, Neil)
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