Glenn v. South Carolina Department of Corrections et al
| Anthony Glenn |
| Major Charles West, Annie Sellers, Willie Eagleton and South Carolina Department of Corrections |
| 0:2019cv02239 |
| August 9, 2019 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Mary Geiger Lewis |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
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| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on August 13, 2019, before Judge Mary G. Baker. Court Reporter/Transcriber Teresa Johnson, Telephone number/E-mail teresa_johnson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 10/21/2019. Redacted Transcript Deadline set for 10/30/2019. Release of Transcript Restriction set for 12/30/2019. Associated Cases: 0:19-cv-02235-MGL-MGB et al.(tjohnson, ) |
| Filing 19 TEXT ORDER. This action is one of the many cases before the undersigned that has been filed by Plaintiffs counsel concerning inmate violence and understaffing at SCDC. See, e.g. Battle v. SCDC et al., 2:18-cv-719-TMC-MGB; Bartlett et al. v. SCDC et al., 2:17-cv-3031 RMG-MGB,; Simpson v. SCDC et al., 2:19-cv-02245-RMG-MGB; Wilson v. Eagelton et al, 1:18-cv-00050-RMG-MGB. On August 13, 2019, the undersigned held a Global Status Conference, in which counsel in all the cases within this category appeared. The parties have now filed identical discovery motions in nearly every case within this category, concerning the production of documents related to the Roth Report, authored by Tom Roth. Specifically, Defendants have filed a Motion for Protective Order, seeking the protection of certain communications between Mr. Roth and SCDC, and Plaintiffs have filed a Motion for Production of Records, seeking production of the documents Mr. Roth reviewed in making his Report. The Court has ruled on these Motions in a detailed Order in the following cases Bartlett et al. v. SCDC et al., 2:17-cv-3031 RMG-MGB, Dkt. No. 117; Simpson v. SCDC et al., 2:19-cv-02245-RMG-MGB, Dkt. No. 47; Wilson v. Eagelton et al, 1:18-cv-00050-RMG-MGB, Dkt. No. 170, and incorporates the rulings and reasoning made therein into the instant Text Order. For reasons stated more fully in the aforementioned Order, the Court DENIES IN PART and GRANTS IN PART Defendants Motion for Protective Order. Specifically, Defendants must immediately produce all email communications between Tom Roth and SCDC personnel, Bates No. 53001-53305, as indexed in Exhibit A to their Motion and as provided to the Court. In addition, Defendants must immediately produce all attachments to those emails, Bates No. 001-1689, as indexed in Exhibit B to their Motion and as provided to the Court, with the exception of the Implementation Panel Report, Bates No. 531-612. The Court has previously ruled such Implementation Panel Reports are subject to confidentiality under the Mental Health Settlement (See Bartlett v. SCDC et. al. 2:17-3031-RMG-MGB, Dkt. No. 69) and, upon review, the Report at issue primarily concerns mental health issues rather than staffing levels generally. The produced documents are subject to the Confidentiality Order in this case. In addition, these documents are for attorneys eyes only. Counsel must obtain the Courts permission if they wish to share any of these produced documents with their clients. The Court further DENIES Plaintiffs Motion for Oral Arguments to the extent they seek a hearing on the Motion for Protective Order, GRANTS the Motion for Production of Records that Mr. Roth reviewed in making his report, and HOLDS IN ABEYANCE Plaintiffs Motion for Sanctions. To the extent Defendants cannot identify the materials that Mr. Roth reviewed in making his report, that will be explored at a hearing on Plaintiffs Motion for Sanctions. Finally, with respect to Mr. Roths deposition on September 30, 2019, the Court finds that the parties are permitted to question Mr. Roth fully about matters potentially relevant to their claims and defenses. Any testimony given by Mr. Roth is covered by the Confidentiality Order in this case, including his report, his conclusions, any data collected, and any witnesses interviewed. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/25/19.Associated Cases: 0:17-cv-03326-MGL-MGB et al.(akob, ) |
| Filing 18 MOTION FOR PRODUCTION OF RECORDS AND RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER re #17 MOTION for Protective Order by Anthony Glenn. Response to Motion due by 10/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Discovery Requests, #2 Exhibit Roth's Motion)No proposed order.Motions referred to Mary Gordon Baker.(Bell, James) |
| Filing 17 MOTION for Protective Order by Willie Eagleton, Annie Sellers, South Carolina Department of Corrections, Charles West, Officer Bostick, Officer Brown, Officer Davis(individually and/or in his official capacity as an employee of SCDC), Willie Eagleton, Ronnie Evans, Officer Howell, Sgt. Lockemy, Officer Miles, Lt. Miller, Lt. Moultrie, Corporeal Murphy, Lt. Ocean, Officer Ocean, Officer Parker, Officer Quick, Annie Sellers, Officer Staton, Officer Suggs, Charles West. Response to Motion due by 10/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A, #2 Exhibit B)No proposed order.Associated Cases: 0:17-cv-03326-MGL-MGB et al.Motions referred to Mary Gordon Baker.(Holler, David) |
| Filing 16 PLAINTIFF'S ID OF EXPERT WITNESSES SUPPLEMENTAL by Christopher Montgomery, Curtis Scott, David Warrick, Matthew Franks Thomas, Anthony Glenn, Kewayne Lee, Jarvis Jeter, Kevin Michael Anderson.Associated Cases: 0:17-cv-03326-MGL-MGB et al.(Bell, James) |
| Filing 15 TEXT ORDER: The Court is in receipt of the proposed remand order and amended complaint submitted to the Magistrate Judge. Assuming everyone agrees remand is proper, not later than September 12, 2019, the parties shall file a consent motion to remand with the Court and submit a proposed order. Plaintiffs may then file the amended complaint in state court. If the parties are not in agreement regarding remand, however, Plaintiffs shall file their motion to remand by the same date, if proper. Otherwise, the parties shall file a joint status report by the same date. IT IS SO ORDERED. Entered at the direction of Honorable Mary Geiger Lewis on 09/09/2019. Associated Cases: 0:17-cv-03326-MGL-MGB et al.(hada, ) |
| Filing 14 TEXT ORDER: The Magistrate Judge issued an order severing the cases for individual treatment and not requiring the individual plaintiffs to pay a filing fee upon severance. Defendants have objected to this portion of the Magistrate Judge's order and have requested this Court reconsider the Magistrate Judge's decision that additional filing fees are unnecessary. Having carefully considered the matter, this Court agrees with the rationale employed by the Magistrate Judge in footnote 3 which appears on page 4 of her Order. For this reason, the motion for reconsideration by Defendants is respectfully denied and the Magistrate Judge's decision is AFFIRMED. IT IS SO ORDERED. Entered at the direction of Honorable Mary Geiger Lewis on 08/29/2019. Associated Cases: 0:17-cv-03326-MGL-MGB et al.(hada, ) |
| Filing 13 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Willie Eagleton, Annie Sellers, South Carolina Department of Corrections, Charles West, Willie Eagleton, Annie Sellers, Charles West re (84 in 0:17-cv-03326-MGL-MGB) Order, (Holler, David) |
Filing 12
AMENDED SCHEDULING ORDER Defendants ID of Expert Witnesses Due by 12/12/2019, Records Custodian Affidavit due by 1/3/2020, Discovery due by 2/3/2020, Motions due by 3/2/2020. ABSENT EXTRAORDINARY CIRCUMSTANCES, NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Mary Gordon Baker on 08/19/2019. (egra, )
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| Filing 11 PLAINTIFF'S ID OF EXPERT WITNESSES by Christopher Montgomery, Curtis Scott, Matthew Franks Thomas, Anthony Glenn, Kewayne Lee, Jarvis Jeter, Kevin Michael Anderson.Associated Cases: 0:19-cv-02235-MGL-MGB et al.(hada, ) |
| Filing 7 Minute Entry. Proceedings held before Magistrate Judge Mary Gordon Baker: Global Status Conference held on 8/13/2019. Court Reporter Virginia Druce, CourtSmart. Associated Cases: 0:17-cv-03326-MGL-MGB et al.(hhil, ) |
| Filing 10 ANSWER to #2 Second Amended Complaint by Willie Eagleton, Annie Sellers, South Carolina Department of Corrections, Charles West.(hada, ) |
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Filing 9
CONSENT CONFIDENTIALITY ORDER. Signed by Magistrate Judge Paige J Gossett on 01/12/2018. Associated Cases: 0:19-cv-02235-MGL-MGB et al.(hada, )
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| Filing 8 Local Rule 26.01 Answers to Interrogatories by Willie Eagleton, Annie Sellers, South Carolina Department of Corrections, Charles West.Associated Cases: 0:19-cv-02235-MGL-MGB et al.(hada, ) |
| Filing 6 NOTICE of Hearing: Global Status Conference set for 8/13/2019 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Mary Gordon Baker. The District Judges have assigned all of the cases alleging systemic prison violence at SCDC, brought by the Bell Legal Group, to Judge Baker for pretrial handling. At the global status conference, Judge Baker will discuss how these cases will be handled moving forward. (hada, ) |
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Filing 5
PHASE TWO SCHEDULING ORDER Discovery due by 11/1/2019, Motions due by 12/2/2019, Mediation Due by 1/31/2020. Signed by Magistrate Judge Paige J Gossett on 05/07/2019. (hada, )
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Filing 4
ORDER adopting #3 Report and Recommendations. Signed by Honorable Mary Geiger Lewis on 02/19/2019.(hada, )
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| Filing 3 REPORT AND RECOMMENDATION re #2 Amended Complaint filed by Jarvis Jeter. Signed by Magistrate Judge Paige J Gossett on 01/24/2019. (hada, ) |
| Filing 2 SECOND AMENDED COMPLAINT against Willie Eagleton, Annie Sellers, South Carolina Department of Corrections, Charles West, filed by Jarvis Jeter.(hada, ) |
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Filing 1
ORDER The Court orders that Plaintiffs' claims be severed from one another into separate actions. Plaintiff Warrick will continue under the instant civil action number. The Clerk of Court is directed to assign new civil action numbers to each of the other individual Plaintiffs.(hada, )
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