Hatcher v. South Carolina Department of Corrections et al
| Jason Hatcher |
| Warden Richard Cothran and South Carolina Department of Corrections |
| 2:2019cv02244 |
| August 9, 2019 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| David C Norton |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on October 2, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 TEXT ORDER granting #28 Motion for Extension of Time to Complete Discovery. Discovery is due by October 8, 2019. The dispositive motions deadline remains October 21, 2019. Absent extraordinary circumstances, no further extensions will be granted. Entered at the direction of Magistrate Judge Mary Gordon Baker on 10/2/19.(akob, ) |
| Filing 28 MOTION for Extension of Time to Complete Discovery by Richard Cothran, South Carolina Department of Corrections. Response to Motion due by 10/15/2019. 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. No proposed order.Motions referred to Mary Gordon Baker.(Holler, David) |
Filing 27
ORDER granting #24 Motion to Take Deposition from Jason Hatcher. Signed by Magistrate Judge Mary Gordon Baker on 09/26/2019.(hada, )
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| Filing 26 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 9/26/19.Associated Cases: 2:18-cv-01022-DCN-MGB, 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(akob, ) |
| Filing 25 MOTION FOR PRODUCTION OF RECORDS AND RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER re #23 MOTION for Protective Order by Jason Hatcher. 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 24 MOTION to Take Deposition from Jason Hatcher by Richard Cothran, South Carolina Department of Corrections. 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 Proposed Order for deposition)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Holler, David) |
| Filing 23 MOTION for Protective Order by Richard Cothran, South Carolina Department of Corrections, Richard Cothran. 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: 2:18-cv-01022-DCN-MGB, 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGBMotions referred to Mary Gordon Baker.(Holler, David) |
| Filing 22 PLAINTIFF'S ID OF EXPERT WITNESSES SUPPLEMENTAL by Brandon D Brown, Kenneth Harlow, Travis R Gamble, Jason Hatcher.Associated Cases: 2:18-cv-01022-DCN-MGB, 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(Bell, James) |
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Filing 21
ORDER re (47 in 2:18-cv-01022-DCN-MGB, 20 in 2:19-cv-02242-DCN-MGB, 20 in 2:19-cv-02244-DCN-MGB, 20 in 2:19-cv-02243-DCN-MGB) Appeal of Magistrate Judge Decision to District Court, filed by Richard Cothran, South Carolina Department of Corrections. The court OVERRULES the objections and AFFIRMS the order. Signed by Honorable David C Norton on 8/28/2019. Associated Cases: 2:18-cv-01022-DCN-MGB, 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(jbry, )
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| Filing 20 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Richard Cothran, South Carolina Department of Corrections, Richard Cothran re Order (1 in 2:19-cv-02243-DCN-MGB), (1 in 2:19-cv-02242-DCN-MGB), (43 in 2:18-cv-01022-DCN-MGB, (1 in 2:19-cv-02244-DCN-MGB). Modified to correct even type per Chamber's request on 08/27/2019. (hada, ) |
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Filing 19
AMENDED SCHEDULING ORDER Discovery due by 9/30/2019, Motions due by 10/21/2019. 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 10 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: 2:18-cv-01022-DCN-MGB, 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hhil, ) |
| Filing 18 AFFIDAVIT of Records Custodian by Richard Cothran, South Carolina Department of Corrections. (Attachments: #1 Affidavit Anderson, #2 Affidavit Hiott, #3 Affidavit Kenealy)Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 17 DEFENDANT'S ID OF EXPERT WITNESSES by Kenneth Harlow, Travis R Gamble, Jason Hatcher.Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 16 PLAINTIFF'S ID OF EXPERT WITNESSES by Kenneth Harlow, Travis R Gamble, Jason Hatcher. (Attachments: #1 Exhibit)Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
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Filing 15
ORDER granting #22 Motion for Confidentiality Order (in Case No. 2:18-cv-01022-DCN-MGB). Signed by Magistrate Judge Mary Gordon Baker on 12/27/2018. Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, )
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| Filing 14 Local Rule 26.03 Answers to Interrogatories by Richard Cothran, South Carolina Department of Corrections.Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Kenneth Harlow, Travis R Gamble, Jason Hatcher.Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 12 ANSWER to Complaint (Notice of Removal) by Richard Cothran, South Carolina Department of Corrections. Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by Richard Cothran, South Carolina Department of Corrections.Associated Cases: 2:19-cv-02242-DCN-MGB, 2:19-cv-02243-DCN-MGB, 2:19-cv-02244-DCN-MGB(hada, ) |
| Filing 9 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, ) |
| Filing 8 TEXT ORDER AMENDING SCHEDULING ORDER AS FOLLOWS: Motions due by 10/21/2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 07/25/2019. (hada, ) |
| Filing 7 TEXT ORDER granting #5 Motion for Extension of Time. Defendants must provide their expert, Jeff Eiser's, report by June 27, 2019. No further extensions will be granted for this deadline. Per Plaintiff's request, the Court extends the discovery deadline to July 29, 2019. The Court also extends the mediation deadline to August 12, 2019. The dispositive motions deadline remains at August 28, 2019. Absent extraordinary circumstances, these deadlines will not be extended. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 05/30/2019.(hada, ) |
| Filing 5 SECOND MOTION for Extension of Time to serve report of expert by Richard Cothran, South Carolina Department of Corrections. Motions referred to Mary Gordon Baker.(hada, ) |
| Filing 4 TEXT ORDER granting #3 Motion for Extension of Time. Defendants must provide their expert, Jeff Eiser's, report by May 28, 2019. Absent extraordinary circumstances, no further extensions will be granted for this deadline. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 04/30/2019.(hada, ) |
| Filing 3 MOTION for Extension of Time to serve report of expert by Richard Cothran, South Carolina Department of Corrections. Motions referred to Mary Gordon Baker.(hada, ) |
| Filing 2 COMPLAINT against Richard Cothran, South Carolina Department of Corrections, filed by Travis R Gamble. (Attachments: #1 Notice of Removal, #2 Certificate of Service)(hada, ) |
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Filing 1
ORDER Plaintiffs seek relief for separate and distinct incidents that involve different correctional officers at different times, and therefore do not arise out of the same transaction or occurrence. Accordingly, the court finds that joinder of their claims is improper, and severs Plaintiffs' claims. Plaintiffs' claims should therefore be severed into separate actions. Plaintiff Brown 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. Signed by Magistrate Judge Mary Gordon Baker on 08/09/2019.(hada, )
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