Newby v. CoreCivic of Tennessee, LLC et al
| G. Marie Newby and Estate of Terry Childress, The |
| CoreCivic of Tennessee, LLC, Damon Hininger, Steve Conry, Raymond Byrd and Shawna Curtis |
| 3:2022cv00093 |
| February 11, 2022 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 DECLARATION of Shawna Curtis filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger re: #54 MOTION for Summary Judgment . (Attachments: #1 Exhibit A - Separation Notice)(Welborn, Joseph) |
| Filing 56 STATEMENT of facts Defendant Shawna Curtis' Statement of Undisputed Material Facts filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger in support of #54 Motion for Summary Judgment. (Welborn, Joseph) |
| Filing 55 MEMORANDUM in Support of #54 MOTION for Summary Judgment filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger . (Welborn, Joseph) |
| Filing 54 Defendant Shawna Curtis' MOTION for Summary Judgment by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Welborn, Joseph) |
Filing 53
ORDER: For the foregoing reasons, Defendants' Motion for Compliance with Local Rule 83.04 and to Strike (Docket No. #45 ) is GRANTED in part and DENIED in part. Plaintiffs' Motion for Special Order Pursuant to Local Rule 83.04(b) (Docket No. #41 ) is accordingly DENIED. The Court expects that all attorneys will comply with Local Rule 83.04 moving forward, and further orders the following: (OPEN ORDER TO READ). Signed by Magistrate Judge Jeffery S. Frensley on 7/15/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 52 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Seventh (Attachments: #1 Attachment Autopsy of Marktavious Twilley)(Horwitz, Daniel) |
| Filing 51 NOTICE of Filing by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger re Annotation - Deficiency Notice, #50 Reply to Response to Motion, (Attachments: #1 Exhibit A - Copy of the subpoena duces tecum that recently was served on Tricia Herzfeld in a different lawsuit that involves prisoner litigation with an identical description of the documents that Plaintiff G. Marie Newby seeks through the subpoena issued to Ms. Herzfeld in this case)(Welborn, Joseph) |
| NOTICE TO FILER re DE#50 : Counsel failed to include the mandatory description of the attached exhibit. Counsel is directed to file a notice that lists each exhibit with a brief description. (ln) |
| Filing 50 REPLY to Response to re #42 MOTION to Quash Subpoenas Duces Tecum #39 Subpoena, #28 Subpoena filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Attachments: #1 Exhibit A)(Welborn, Joseph) |
| Filing 49 REPLY to Response to re #45 MOTION for Compliance with Local Rule 83.04 and to Strike re #37 Notice, #38 Notice, #33 NOTICE of Filing filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Welborn, Joseph) |
| Filing 48 RESPONSE in Opposition re #45 MOTION for Compliance with Local Rule 83.04 and to Strike re #37 Notice, #38 Notice, #33 Notice of Filing filed by Estate of Terry Childress, The, G. Marie Newby. (Attachments: #1 Exhibit 1--For-profit federal prison an understaffed 'hell hole' of violence, death and drugs Missouri Independent, #2 Exhibit 2--I am a prison chaplain who urges CoreCivic detractors to rethink their criticism, #3 Exhibit 3--Education key to successful reentry for many inmates, #4 Exhibit 4--Reentry services are key to a successful exit from prison, #5 Exhibit 5--CoreCivic can help solve tough government problems, #6 Exhibit 6--Tennessee is setting a new standard on reducing recidivism, #7 Exhibit 7--How Tennessee is beating the nation in reducing prison recidivism)(Horwitz, Daniel) Modified on 6/27/2022 (ln). |
| Filing 47 RESPONSE in Opposition re #42 MOTION to Quash Subpoenas Duces Tecum #39 Subpoena, #28 Subpoena filed by Estate of Terry Childress, The, G. Marie Newby. (Horwitz, Daniel) |
| Filing 46 MEMORANDUM in Support of #45 MOTION for Compliance with Local Rule 83.04 and to Strike re #37 Notice, #38 Notice, #33 Notice filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger . (Welborn, Joseph) |
| Filing 45 MOTION for Compliance with Local Rule 83.04 and to Strike re #37 Notice, #38 Notice, #33 Notice by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Welborn, Joseph) |
| Filing 44 RESPONSE in Opposition re #41 MOTION FOR SPECIAL ORDER PURSUANT TO LOCAL RULE 83.04(b) filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Welborn, Joseph) |
| Filing 43 MEMORANDUM in Support of #42 MOTION to Quash Subpoenas Duces Tecum #39 Subpoena, #28 Subpoena filed by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger . (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant CoreCivic of Tennessee, LLC)(Welborn, Joseph) |
| Filing 42 MOTION to Quash Subpoenas Duces Tecum #39 Subpoena, #28 Subpoena by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Welborn, Joseph) |
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Discovery Hearing held on 5/27/2022. (Hearing lasted 1:00)(ms) |
| Filing 41 MOTION FOR SPECIAL ORDER PURSUANT TO LOCAL RULE 83.04(b) by Estate of Terry Childress, The, G. Marie Newby. (Attachments: #1 Exhibit (Records Regarding Murder of Inmate Marktavious Twilley), #2 Exhibit (Email Regarding Inmate Wayne Potee), #3 Exhibit (WSMV Article Featuring CoreCivic Statement))(Horwitz, Daniel) |
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Filing 40
ORDER: The Court held a discovery dispute conference with the Parties on May 27, 2022. The Defendant may file a motion to quash the subpoena that is the subject of the discovery dispute on or before June 10, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 5/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 39 SUBPOENA issued to Tennessee Department of Correction by Estate of Terry Childress, The, G. Marie Newby (Horwitz, Daniel) |
| Filing 38 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Sixth (Attachments: #1 Exhibit 1--Declaration of Raymond E. Watison)(Horwitz, Daniel) |
| Filing 37 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Fifth (Attachments: #1 Attachment 1--21-04-08 - Chris Brun Deposition Transcript - Full, #2 Attachment 2--21-04-08 - Deposition Transcript of Jon Walton - Full, #3 Attachment 3--Exhibit 3 to Walton Deposition, #4 Attachment 4-- Exhibit 4 to Walton Deposition, #5 Attachment 5--Exhibit 10 to Walton Deposition, #6 Attachment 6--Exhibit 11 to Walton Deposition, #7 Attachment 7--21-06-18 TDOC 30b6 - Kelly Young Full Transcript, #8 Attachment 8--Exhibit 1 to Kelly Young Deposition, #9 Attachment 9--21-07-12 - Deposition Transcript of Robert Hill - Full, #10 Attachment 10--21-06-17 TCT 30b6 - Finamore Full Transcript, #11 Attachment 11--Exhibit 2 to Finamore Deposition, #12 Attachment 12--21-04-21 Tony Parker Deposition Full Transcript)(Horwitz, Daniel) |
| Filing 36 MOTION for Reconsideration re #35 Order on Motion for Miscellaneous Relief, by Estate of Terry Childress, The, G. Marie Newby. (Attachments: #1 Exhibit Apr. 12-13, 2022 Email Correspondence, #2 Exhibit Apr. 28, 2022 Email Correspondence)(Horwitz, Daniel) |
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Filing 35
ORDER: MOTION #32 to Hold Response to Subpoena Duces Tecum in Abeyance GRANTED. The Court will hold a discovery dispute conference with the parties on May 27, 2022 at 9:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 5/12/2022. (ln)
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| Set Hearing: Discovery Dispute Conference via Telephone set for 5/27/2022 at 9:30 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 34 NOTICE by Estate of Terry Childress, The, G. Marie Newby Plaintiff's Notice of Serving "Plaintiff's Initial Disclosures" (Edgington, Craig) |
| Filing 33 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Fourth (Attachments: #1 Attachment 1. Gmail - Newby, et al., v. CoreCivic of Tennessee, LLC, et al, - No. 3_22-cv-00093, #2 Attachment 2. 21-05-07 - Raymond Byrd Deposition Transcript - Full (Part 1), #3 Attachment 3. 21-05-07 - Raymond Byrd Deposition Transcript - Full (Part 2), #4 Attachment 4. 21-05-07 - Raymond Byrd Deposition Exhibit 1, #5 Attachment 5. 21-08-23 - Russell Washburn Deposition full Transcript, #6 Attachment 6. 21-08-23 - Russell Washburn Exhibit 1, #7 Attachment 7. 21-04-05 - Russell Washburn Deposition Transcript - Full, #8 Attachment 8. 21-04-05 - Russell Washburn Deposition Exhibit 1, #9 Attachment 9. 21-05-06 - Jon Shonebarger Deposition Full Transcript, #10 Attachment 10. 21-05-06 - Jon Shonebarger Combined Exhibits 1-4 and 7-8, #11 Attachment 11. 21-11-16 - Martin Frink Deposition Full Transcript, #12 Attachment 12. 21-11-17 - Daniel Knight Full Transcript, #13 Attachment 13. 21-11-17 - Daniel Knight Combined Exhibits 1-3, #14 Attachment 14. 21-02-08 - CCI 1- 200, #15 Attachment 15. 21-02-08 - CCI 201 - 400, #16 Attachment 16. 21-02-08 - CCI 401 - 600, #17 Attachment 17. 21-02-08 - CCI 601- 798, #18 Attachment 18. 21-03-25 - CCI 799 - 848, #19 Attachment 19. 21-04-01 - CCI 849 - 893, #20 Attachment 20. 21-04-01 - CCI 894 - 928, #21 Attachment 21. 21-04-01 - CCI 929 - 968, #22 Attachment 22. 21-04-01 - CCI 969 - 998, #23 Attachment 23. 21-04-01 - CCI 999 -1018, #24 Attachment 24. 20-07-20 - CoreCivic_Shonebarger Initial Disclosures, #25 Attachment 25. 21-02-08 - CoreCivic's Responses to Plaintiff's First Set of Interrogatories, #26 Attachment 26. 21-03-27 - CCI Response to Pl's Second Set of RFPs, #27 Attachment 27. 21. 21-02-08 - CoreCivic's Responses to Plaintiff's First Set of Requests for Production of Documents, #28 Attachment 28. 21-03-27 - CCI's Response to Pl's Second Set of ROGs, #29 Attachment 29. 21-09-27 - CoreCivic Expert Disclosures, #30 Attachment 30. 20-02-22 - CoreCivic Verification Page, #31 Attachment 31. 21-09-27 - CoreCivic Supplemental Disclosures, #32 Attachment 32. 21-11-09 - CoreCivic's Second Supplemental Initial Disclosures, #33 Attachment 33. Production Spreadsheets)(Horwitz, Daniel) |
| Filing 32 MOTION to Hold Response to Subpoena Duces Tecum in Abeyance re #28 Subpoena by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Attachments: #1 Exhibit A - Copy of correspondence to Judge Frensley)(Welborn, Joseph) |
| Filing 31 ANSWER to #1 Complaint,, by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger.(Welborn, Joseph) |
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Filing 30
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 12/12/2023 at 9:00 AM at the United States Courthouse, Nashville, TN, before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference is set for 12/4/2023 at 3:00 PM before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 11/27/2023. Exhibit List due by 11/27/2023. Witness List due by 11/27/2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 29 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Third (Attachments: #1 Attachment April 8, 2022 Department of Justice Release)(Horwitz, Daniel) |
| Filing 28 SUBPOENA issued to Tricia Herzfeld and returned executed on 4/8/22 as to Tricia Herzfeld by Estate of Terry Childress, The, G. Marie Newby (Horwitz, Daniel) |
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Filing 27
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 8/8/2022. Discovery due by 11/10/2022. Dispositive Motions due by 6/8/2023. A Status Telephone Conference is set for 10/17/2022 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 4/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| TN State Bar status verified as active for Erin Palmer Polly, Joseph F. Welborn, III, and Terrence M. McKelvey admitted to this court. (ln) |
| Filing 26 PROPOSED CASE MANAGEMENT ORDER (Initial Case Management Order) filed by All Defendants. (Welborn, Joseph) |
| Filing 25 NOTICE of Appearance by Terrence M. McKelvey on behalf of All Defendants (McKelvey, Terrence) |
| Filing 24 NOTICE of Appearance by Joseph F. Welborn, III on behalf of All Defendants (Welborn, Joseph) |
| Filing 23 NOTICE of Appearance by Erin Palmer Polly on behalf of Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger (Polly, Erin) |
| Filing 22 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby Second (Attachments: #1 Attachment Exhibit #1--Contraband Arrests)(Horwitz, Daniel) |
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Filing 21
ORDER: MOTION #20 GRANTED. The Initial Case Management Conference is hereby reset to April 8, 2022 at 9:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 3/23/2022. (ln)
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| Reset Hearing: The Initial Case Management Conference by Telephone is reset for 4/8/2022 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 20 MOTION to Continue Initial Case Management Conference by Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger. (Polly, Erin) |
| Filing 19 WAIVER OF SERVICE Returned Executed by G. Marie Newby, Estate of Terry Childress, The. Shawna Curtis waiver sent on 3/14/2022. (Horwitz, Daniel) |
| Filing 18 Summons issued as to Shawna Curtis. Service copies will be picked up by counsel at the Intake Window between the hours of 9:00 a.m. and 3:00 p.m. (ln) |
| Filing 17 NOTICE of Summons to be Issued as to Shawna Curtis. (Horwitz, Daniel) |
| Filing 16 NOTICE of Filing by Estate of Terry Childress, The, G. Marie Newby (Attachments: #1 Attachment Review #1 (Mar. 3, 2022), #2 Attachment Review #2 (Feb. 13, 2021), #3 Attachment Review #3 (Feb. 7, 2022), #4 Attachment Review #4 (Jan. 3, 2022), #5 Attachment Review #5 (Nov. 21, 2021), #6 Attachment Review #6 (Sep. 6, 2021), #7 Attachment Review #7 (Jul. 21, 2021), #8 Attachment Review #8 (Jun. 23, 2021))(Horwitz, Daniel) |
| TN State Bar status verified as active for Erin Palmer Polly admitted to this court. (ln) |
| Filing 15 WAIVER OF SERVICE Returned Executed by G. Marie Newby, Estate of Terry Childress, The. Steve Conry waiver sent on 2/24/2022. (Horwitz, Daniel) |
| Filing 14 WAIVER OF SERVICE Returned Executed by G. Marie Newby, Estate of Terry Childress, The. Raymond Byrd waiver sent on 2/24/2022. (Horwitz, Daniel) |
| Filing 13 WAIVER OF SERVICE Returned Executed by G. Marie Newby, Estate of Terry Childress, The. Damon Hininger waiver sent on 2/24/2022. (Horwitz, Daniel) |
| Filing 12 WAIVER OF SERVICE Returned Executed by G. Marie Newby, Estate of Terry Childress, The. CoreCivic of Tennessee, LLC waiver sent on 2/24/2022. (Horwitz, Daniel) |
| Filing 11 Summons issued as to Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, and Damon Hininger. Service copies will be picked up by counsel at the Intake Window between the hours of 11:00 a.m. and 1:00 p.m. (ln) |
| Filing 10 NOTICE of Summons to be Issued as to Raymond Byrd. (Horwitz, Daniel) |
| Filing 9 NOTICE of Summons to be Issued as to Steve Conry. (Horwitz, Daniel) |
| Filing 8 NOTICE of Summons to be Issued as to Damon Hininger. (Horwitz, Daniel) |
| Filing 7 NOTICE of Summons to be Issued as to CoreCivic of Tennessee, LLC. (Horwitz, Daniel) |
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/14/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 4/7/2022 at 10:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ln) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| Filing 1 COMPLAINT against Raymond Byrd, Steve Conry, CoreCivic of Tennessee, LLC, Shawna Curtis, Damon Hininger (Filing fee $402, Receipt number 0650-3531138) filed by G. Marie Newby, Estate of Terry Childress, The. (Attachments: #1 Exhibit 1 - Transcript of Horwitz-Lattimore Interview, #2 Exhibit 2 - Amended Complaint, Case No. 319-CV-486, #3 Exhibit 3 - Trauger Memorandum, #4 Exhibit 4 - Jan. 2020 Audit, #5 Exhibit 5 - Nov. 2017 Audit, #6 Exhibit 6 - Collective News Articles, #7 Exhibit 7 - 2021-05-30 ME Report - Terry Childress, #8 Exhibit 8 - Declaration of Tim Gravette - RTG, #9 Attachment 1 - Civil Cover Sheet)(ln) |
| TN State Bar status verified as active for Brice M. Timmons and Craig A. Edgington admitted to this court. (ln) |
| TN State Bar status verified as active for Daniel A. Horwitz and Lindsay E. Smith admitted to this court. (ln) |
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