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12-601 - Parsons et al v. Ryan et al


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12-601 - Parsons et al v. Ryan et al
July 28, 2014
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ORDER that Defendants' Motion to Preclude Plaintiffs' Experts (Docs. 905, sealed at 900) is denied without prejudice to renewal at trial. See order for complete details. Signed by Judge Neil V. Wake on 7/28/14. (NKS)
August 7, 2014
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ORDER: (1) Defendants' Motion for Summary Judgment (Docs. 895, sealed at 902) is denied. (2) Plaintiff Brislan is dismissed as a Class Representative. (3) Plaintiffs' Motion to Strike Defendants' Notice of Supplemental Authority (Doc. 1063) is denied as moot. See order for complete details. Signed by Judge Neil V. Wake on 8/7/14. (NKS)
November 10, 2016
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ORDER: the outstanding issues from the 11/9/16 Status Conference are addressed in this order (see order for details). Signed by Magistrate Judge David K Duncan on 11/10/16. (REW) Modified on 11/10/2016 (REW).
November 23, 2016
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ORDER: approving the unopposed redactions for the proper names set forth at the following page and line numbers of the October 5, 2016 Status Hearing transcript: page 40, lines 1, 2, 5 and 9; page 42, lines 18 and 22; denying the other requested redactions.; the Court declines to approve the other redactions for the other ADOC employees (see order for complete details). Signed by Magistrate Judge David K Duncan on 11/23/16.(REW)
December 23, 2016
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ORDER: the Monitoring Guide shall be updated to reflect compliance for PMs 27, 77, and 78 as described in this order; any inmate classified as close custody who works at least 20 hours/week is not a member of the Stipulation's Subclass; within 21 days, the parties shall notify the Court that they have developed a methodology for implementing this Order or that they require the Court's assistance to do so; all close custody inmates who are not part of the job program mentioned in this order are members of the Stipulation's Subclass. Signed by Magistrate Judge David K Duncan on 12/23/16. (REW)
February 6, 2017
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ORDER: Defendants' Motion for Relief as a Motion for Reconsiderations 1779 is denied; Plaintiff's Motion to Modify the Order under Federal Rule of Civil Procedure 60(a) 1806 is denied as moot. Signed by Magistrate Judge David K Duncan on 2/6/17.(REW)
February 6, 2017
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ORDER: Defendants' Motion for Relief from Order Re: Close Custody 1847 is denied; Defendants' Notice and Request for Temporary Suspension of Order Regarding Close Custody 1869 is denied. Signed by Magistrate Judge David K Duncan on 2/6/17.(REW)
July 13, 2017
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ORDER denying 2135 Motion for Reconsideration of the Court's $1000 Sanction Order. Signed by Magistrate Judge David K Duncan on 7/13/17.(DXD)
July 25, 2017
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ORDER: IT IS ORDERED directing Defendants and Counsel for Defendants that no actions be taken that harass, intimidate, or otherwise retaliate against the witnesses who have provided the Court information, either via oral testimony or written statements. This prohibition includes actions which could reasonably be viewed as having a chilling effect on witness testimony by utilizing group punishments, or actions against other prisoners who could in turn blame or target the witnesses. IT IS FURTHER ORDERED that Counsel for Defendants provide a written declaration within 7 days of the date of this Order describing all steps they took to communicate the Court's verbal orders of July 14, 2017, regarding retaliation to their clients, and to ensure that witnesses' freedom to communicate with the Court is protected IT IS FURTHER OREDERED that Perryville staff immediately return Ms. Scheid to her previous cell and to not enter Ms. Ashworth's cell at night when she is alone or away working unless it is pursuant to a legitimate correctional objective. IT IS FINALLY ORDERED GRANTING the Defendants' request that the Court set this matter for an evidentiary hearing after the parties confer and present their availability to the Court. Signed by Magistrate Judge David K Duncan on 7/25/2017. (REK)
August 4, 2017
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ORDER: Defendant Ryan must appear at the Court's August 8-9, 2017 Status Conference so that the Court may address directly Defendants' compliance with the July 29, 2017 Order. Defendants must therefore make arrangements for Defendant Ryan to appear at some point during the two days set aside for the hearing. He must be prepared to provide testimony regarding the video conference and the information conveyed to ADC employees and officials. IT IS FURTHER ORDERED that Defendants must produce copies of any documents created in connection with the video conference including speaking notes, "talking points," or any power-point type presentations, as well as any documents which memorialize what information was communicated during the conference. Defendants must also produce copies of any documents created for employees or officials unable to participate in the teleconference. Any documents responsive to this Order must be filed no later than 6 p.m., Monday, August 7, 2017. Signed by Magistrate Judge David K Duncan on 8/04/2017. (REK)
August 4, 2017
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ORDER - IT IS THEREFORE ORDERED that Defendant Ryan must appear at the Court's August 8-9, 2017 Status Conference so that the Court may address directly Defendants' compliance with the July 25, 2017 Order. Defendants must therefore make arrangements for Defendant Ryan to appear at some point during the two days set aside for the hearing. He must be prepared to provide testimony regarding the video conference and the information conveyed to ADC employees and officials. IT IS FURTHER ORDERED that Defendants must produce copies of any documents created in connection with the video conference including speaking notes, "talking points," or any power-point type presentations, as well as any documents which memorialize what information was communicated during the conference. Defendants must also produce copies of any documents created for employees or officials unable to participate in the teleconference. Any documents responsive to this Order must be filed no later than 6 p.m., Monday, August 7, 2017. (See document for further details). Signed by Magistrate Judge David K Duncan on 8/4/17. (SLQ)
August 15, 2017
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ORDER denying 2171 Corizon Health, Inc.'s Motion for Leave to Participate as Amicus Curiae. Signed by Magistrate Judge David K Duncan on 8/14/17.(LSP)
October 10, 2017
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ORDER - Effective immediately, Defendants shall comply with the following performance measures at the following prisons for every class member: Performance Measure 11, 35, 39, 44, 46, 47, 50, 51, 52, 54 and 66. By Friday, 1/5/2018, Defendants shall file a list of every instance of non-compliance with this Order during December 2017. Defendants shall file a redacted list on the public docket and an unredacted list under seal. On Tuesday, 1/9/2018 Defendants shall show cause as to why the Court should not impose a civil contempt sanction of $1,000 per incident of non-compliance commencing the month of December 2017. If the Court finds clear and convincing evidence that Defendants have failed to take all reasonable steps to comply with this Order, the Court shall impose civil contempt sanctions on Defendants. Signed by Magistrate Judge David K Duncan on 10/10/17. (DXD)
November 1, 2017
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ORDER Denying as moot 2080 Defendants' Motion to Seal. FURTHER ORDERED granting 2137 Defendants' Motion to Seal. FURTHER ORDERED 2169 Larry Prince's Motion to Intervene. (Doc. 2169) is denied. FURTHER ORDERED granting 2192 Plaintiffs' Motion to Seal. FURTHER ORDERED granting 2203 Defendants' Motion to Seal. FURTHER ORDERED denying 2357 Anant Tripati's Motion to Seal Declaration. FURTHER ORDERED denying 2391 Clayton Roy Gatlin's Motion Request to Improve. Signed by Magistrate Judge David K Duncan on 10/31/17.(MAP)
February 16, 2018
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ORDER denying Corizon Health Inc.'s 2529 Renewed Motion for Leave to Participate as Amicus Curiae. Signed by Magistrate Judge David K Duncan on 2/15/2018. (ATD)
February 26, 2018
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ORDER denying Defendants' Motion to Stay ("Defendants' Motion for Magistrate Judge Duncan to Disqualify Himself and Motion for Reassignment of Case for Evidentiary and Contempt Hearings, or, in the alternative, to Stay Proceedings") (Doc. 2642). Defendants' Motion to Disqualify ("Motion to Disqualify Magistrate Judge Duncan from All Further Proceedings") will be considered after briefing is complete. Signed by Magistrate Judge David K Duncan on 2/26/18. (SJF)
February 26, 2018
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ORDER granting Joint Motion for Clarification 2561. See Order for details. Signed by Magistrate Judge David K Duncan on 2/26/18. (SJF)
March 6, 2018
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ORDER: Because of the various moving parts in this case, including the Court's recent ruling on the definition of substantial noncompliance, the most prudent course is for the Court to address this topic at one of the March hearings so that the Court may hear the parties' current positions and thereupon issue its ruling. Signed by Magistrate Judge David K Duncan on 3/06/2018. (REK)
May 2, 2018
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ORDER: The Motion to Disqualify Magistrate Judge Duncan from All Further Proceedings 2641 is DENIED. The Motion for Chief Judge to Rule on Defendants' Motion to Disqualify Magistrate Judge Duncan from All Further Proceedings 2693 is DENIED. IT IS FURTHER ORDERED DENYING Motion for Leave for Ethics Bureau at Yale to File Brief of Amicus Curiae in Opposition to Defendants' Motion to Disqualify Judge Duncan from All Further Proceedings 2729. While the Court appreciates the willingness of law students to devote their efforts to matters they believe will assist the Court, the proposed amicus brief would not assist the Court in addressing the matter at hand. Signed by Magistrate Judge David K Duncan on 5/02/2018. (REK)
May 11, 2018
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ORDER re: 2520 MOTION to Enforce The Stipulation ; IT IS ORDERED that PM 50 at Tucson is substantially non-compliant. IT IS FURTHER ORDERED directing Defendants to file a remedial plan tailored to PM 50 no later than June 6, 2018. Signed by Magistrate Judge David K Duncan on 5/11/18. (MSA)
June 22, 2018
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ORDER AND JUDGMENT OF CIVIL CONTEMPT: Defendants are held in civil contempt for failure to comply with the Stipulation as detailed in the Court's Order to Show Cause. Defendants shall pay $1,445,000 for their December 2017, January 2018, and February 2018 violations of the Court's Order to Show Cause. Within 14 days, Defendants must remit payment to the Clerk of Court in the amount of $1,445,000. The Clerk of Court must enter judgment against Defendants reflecting contempt fines for December 2017, January 2018, and February 2018 totaling $1,445,000. This total is due and payable into the Registry of the Court, to be kept in the Registry until further order of the Court. This judgment shall bear interest at the federal statutory rate until satisfied. Defendants shall continue to file monthly reports reflecting every instance of noncompliance for PMs at facilities under the October 10, 2017 Order to Show Cause that are at less than 85% compliance. Within 30 days of the date of this Order, the parties shall submit their respective proposals regarding the best use of these funds. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 22, 2018
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ORDER: Defendants' Motion to Terminate Monitoring 2251 is granted in part and denied in part. The following performance measure at the following locations will be terminated (see document for further details). IT IS FURTHER ORDERED that, within 30 days of the date of this Order, the parties shall each submit the names of two proposed experts who can conduct a review of the monitoring process, along with their CVs and confirmation of their availability. Thereafter, the Court will pursue a selection process that may include interviewing a finalist. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 22, 2018
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ORDER: Within 30 days of this Order, Defendants shall: 1. Reinstall HNR boxes in all housing units where they were removed. The Court will not require the HNR boxes to be replaced in the same locations but will require the same number in each unit as before and expects that any change in location will not create a barrier for any particular group of inmates (i.e., if an HNR box was previously accessible to wheelchair-bound inmates then a comparably accessible box must be placed in the same unit); 2. Defendants shall resume the previous process for collecting and logging the submitted HNRs. Defendants may also continue the open clinic procedures for accepting HNRs; 3. Defendants shall notify the affected inmates in writing announcing the reversion to the prior HNR submission process; and 4. Defendants shall provide competent and admissible evidence to the Court that this return to the status quo ante has occurred. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 22, 2018
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ORDER: Plaintiffs' Motion for Fees 2276 is granted in part. IT IS FURTHER ORDERED awarding Plaintiffs $1,107,361.40 in attorneys' fees and $152,630.58 in costs, for a total of $1,259,991.98 pursuant to the parties' Stipulation. The Clerk of Court must enter judgment against Defendants accordingly. IT IS FURTHER ORDERED granting in part and denying in part Plaintiffs' Motion for Reconsideration 2518. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 22, 2018
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ORDER: Within 30 days of the date of this Order, Defendants shall file their plan to implement the recommendations contained in the final Advisory Group report. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 22, 2018
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ORDER: Within 30 days of the date of this Order, Plaintiffs and Defendants shall each submit a list of two proposed experts for each of the following categories of care delineated by the Stipulation: Pharmacy, Intersystem, Transfers, Access to Care, Diagnostic Services, Specialty Care, and Chronic Care. For each proposed expert, the parties shall submit a current CV/resume and confirm that s/he is available to serve as an outside expert to Defendants. The Court will then conduct its selection process. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)