Bailey et al v. Livingston et al
Plaintiff: David Bailey, Marvin Ray Yates, Keith Cole and Nicholas Diaz
Defendant: Brad Livingston, Roberto M Herrera and Texas Department of Criminal Justice
Case Number: 4:2014cv01698
Filed: June 18, 2014
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Anderson
Presiding Judge: Keith P Ellison
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 28, 2020 Opinion or Order Filing 1568 MEMORANDUM AND ORDER granting in part denying in part 1546 MOTION to Compel Responses to Requests for Production and Interrogatories, granting in part denying in part 1560 MOTION for Protective Order (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
December 11, 2019 Opinion or Order Filing 1504 MEMORANDUM AND ORDER granting in part 1459 MOTION for Contempt, to Show Cause, and for Sanctions. (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
November 7, 2019 Opinion or Order Filing 1495 MEMORANDUM AND ORDER. Briefing due by 11/14/2019(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
August 9, 2019 Opinion or Order Filing 1449 MEMORANDUM AND ORDER (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
June 8, 2018 Opinion or Order Filing 1188 FINAL ORDER AND FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT AND ATTORNEYS' FEES.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
May 7, 2018 Opinion or Order Filing 1163 AMENDED MEMORANDUM AND ORDER (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
October 12, 2017 Opinion or Order Filing 859 MEMORANDUM AND ORDER denying 775 MOTION for Appointment of counsel, and denying 815 MOTION to Vacate. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)
October 11, 2017 Opinion or Order Filing 854 MEMORANDUM AND ORDER granting 848 Unopposed MOTION for Preliminary Injunction entered. TDCJ is hereby ORDERED to propose any changes or clarifications to its plan for compliance, consistent with the foregoing, by February 9, 2018. Plaintiffs shall respond no later than March 23, 2018. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)
July 19, 2017 Opinion or Order Filing 737 MEMORANDUM AND OPINION re: 620 Second MOTION for Preliminary Injunction MOTION for Permanent Injunction (Submission Date 8/3/2017, Miscellaneous Hearing set for 8/8/2017 at 02:00 PM at Courtroom 3A before Judge Keith P Ellison) (Signed by Judge Keith P Ellison) Parties notified. (rosaldana, 4)
May 16, 2017 Opinion or Order Filing 633 MEMORANDUM AND ORDER denying 622 , 600 , 615 Motions to Intervene. Furthermore, Mr. Johnsons motion to disqualify and motion for injunctive relief are also DENIED.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
April 6, 2017 Opinion or Order Filing 607 MEMORANDUM AND ORDER entered. All parties in this case are opposedto the proposed interventions. (Doc. Nos. 593 & 596.) Moreover, it is the opinion of the Court that the proposed interventions will unduly delay the adjudication of the original parties' rights. Both pending Motions to Intervene are therefore DENIED. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)
June 21, 2016 Opinion or Order Filing 477 MEMORANDUM AND ORDER GRANTING 434 Opposed MOTION for Preliminary Injunction This Court finds that the inmates at the Wallace Pack Unit are entitled to a preliminary injunction requiring the Texas Department of Criminal Justice to provide drinking water that comports with EPA maximum contaminant level requirements during the hottest part of the year. TDCJ is hereby ORDERED to provide drinking water to the inmates at the Wallace Pack Unit that conforms with EPA maximum contaminant level requi rements for arsenic beginning not later than fifteen days from the date of this Order and continuing until September 22, 2016. TDCJ is free to provide drinking water, which complies with EPA standards, from whichever source and in whatever manner it deems best.(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
June 14, 2016 Opinion or Order Filing 473 MEMORANDUM AND ORDER Plaintiffs Amended Motion for Class Certification is hereby GRANTED. The General Class, the heat-sensitive subclass, and the disability subclass, as defined in Part I, are certified.For the reasons stated at the hearing, both De fendants Motion Asserting Daubert and FRE 702 Challenges to Plaintiffs Expert Testimony (Doc. No. 399) and Plaintiffs Motion to Strike the Testimony of Dr. Kathryn Means (Doc. No. 453) are DENIED.(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
January 22, 2016 Opinion or Order Filing 348 MEMORANDUM AND ORDER granting 272 Amended MOTION to Certify Class, Class action certified(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
August 19, 2015 Opinion or Order Filing 276 MEMORANDUM AND ORDER DENYING 158 MOTION to Dismiss Pursuant to Rule 12(c) (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
November 20, 2014 Opinion or Order Filing 147 MEMORANDUM AND ORDER DENYING 101 MOTION to Intervene, 26 MOTION to be added as Plaintiff, 88 MOTION to Intervene, 93 MOTION to Intervene, 80 MOTION to Intervene, 38 MOTION for Leave to File to Join as Additional Plaintif, [115 ] MOTION to Intervene, 83 MOTION to Intervene, 65 MOTION to Intervene, 86 AMENDED 51 MOTION MOTION to Intervene, 49 MOTION to Intervene, 102 MOTION to Intervene, 43 MOTION to Intervene, 89 MOTION to Intervene, 55 MOTION to Dismiss, 72 MOTION to Intervene, 7 MOTION To Join This Litigation, 87 MOTION to Intervene, 123 MOTION to Intervene, 94 MOTION to Intervene, 20 MOTION to Intervene, 137 MOTION to Intervene, 48 MOTION to Inter vene, 37 MOTION for Discovery, 51 MOTION to Intervene, 57 MOTION to Intervene, 52 MOTION to Intervene, 98 MOTION to Intervene, 47 MOTION to Intervene, 39 MOTION to Join as Additional Plaintiff, 95 MOTION to Intervene, 104 MOTION Leave to Join as Additional Plaintiff, 145 MOTION order of instruction, 73 MOTION to Intervene, 105 MOTION for Joinder as to 1 Complaint, 97 MOTION to Intervene, 50 MOTION to Intervene, 84 MOTION to Intervene (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
September 19, 2014 Opinion or Order Filing 82 ORDER (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
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Plaintiff: David Bailey
Represented By: Jeffrey S Edwards
Represented By: James C Harrington
Represented By: Wayne Nicholas Krause
Represented By: Brian Rolland McGiverin
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Plaintiff: Marvin Ray Yates
Represented By: Jeffrey S Edwards
Represented By: James C Harrington
Represented By: Wayne Nicholas Krause
Represented By: Brian Rolland McGiverin
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Plaintiff: Keith Cole
Represented By: Jeffrey S Edwards
Represented By: James C Harrington
Represented By: Wayne Nicholas Krause
Represented By: Brian Rolland McGiverin
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Plaintiff: Nicholas Diaz
Represented By: Jeffrey S Edwards
Represented By: James C Harrington
Represented By: Wayne Nicholas Krause
Represented By: Brian Rolland McGiverin
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Defendant: Brad Livingston
Represented By: Cynthia Burton
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Defendant: Roberto M Herrera
Represented By: Cynthia Burton
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Defendant: Texas Department of Criminal Justice
Represented By: Cynthia Burton
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