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77-479 - Graves, et al v. Penzone, et al


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77-479 - Graves, et al v. Penzone, et al
September 30, 2005
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ORDER denying w/out prejudice the following: Motion 930 for Appt of Experts; Motion 958 to Compel; Motion 989 to Copmpel; Motion 1019 to Allow Class Counsel Access; Motion 1093 to ALlow Class Counsel Access FURTHER ORDERED denying Motion 969 to Exclude Supplemental Evidence FURTHER ORDERED granting Motion 981 for Protective Order FURTHER ORDERED granting Motion [981-2] to Quash FURTHER ORDERED denying as moot Motion 998 to enter SchedulingOrder FURTHER ORDERED granting Motion 1003 to Exceed the Page Limit FURTHER ORDERED granting to the extent contained herein 1026 Motion for leave to file Declarations FURTHER ORDERED granting 1027 Motion for leave to file Supplemental Response FURTHER ORDERED granting Motion 950 to Compel Complaince w/Court's 1/21/04 Order...see document for details . Signed by Judge Morton Sitver on 9/30/05. (MAP, )
April 17, 2008
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ORDER granting 1231 Motion for Reconsideration to the extent that the court has provided Defendants opportunity to be heard on Plaintiffs Motion for Appointment of Debra Hill and Margaret Winter as Class Counsel (doc. # 1212) and denied in all other respects.IT IS FURTHER ORDERED that the order of April 1, 2008 (doc.# 1221) is reaffirmed, as clarified by this order. Signed by Judge Neil V Wake on 4/16/08.(DMT, )
April 25, 2008
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ORDER; denying 1213 Motion to Expedite Consideration of Motion for Appointment of Class Counsel and Consideration of All Pending Motions; denying Plaintiffs' 1214 Motion for Prior Notice and Other Procedural Safeguards in the Event of a Court Viewing of the Maricopa County Jail Premises; granting Defendants' 1224 Motion to Strike; denying Plaintiffs' 1184 Motion to Refer Discovery Matters to Magistrate Judge; granting in part and denying in part Plaintiffs' 1142 Omnibus Motion as outlined in this order (Plaintiffs' motion to compel within their Omnibus Motion is denied without prejudice); denying without prejudice Plaintiffs' 1165 Motion to Compel Production of Documents; denying without prejudice Plaintiffs' 1178 Motion for Sanctions Against Defendants and Their Counsel; denying without prejudice Plaintiffs' 1181 Motion to Compel Supplemental Responses to First Request for Production of Document; denying without prejudice Plaintiffs' 1179 Motion for Oral Argument on Motion to Compel; granting Plaintiffs' 1180, 1237 Requests for Status Conference. Case Management Report due by 5/15/08. A Case Management Conference be held 5/19/08 at 3:00 p.m. The parties shall exchange drafts of the Proposed Final Pre-Hearing Order by 7/28/08 and shall jointly prepare a Proposed Final Pre-Hearing Order and lodge it with the court by 7/30/08. A Final Pre-Hearing Conference be held on 8/4/08 at 1:30 p.m. The evidentiary hearing on Defendants' motion to terminate the Amended Judgment set for 8/12/08 at 9:00 a.m. Signed by Judge Neil V Wake on 4/24/08.(REW, )
October 22, 2008
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER granting in part and denying in part 906 Motion to Terminate the Amended Judgment; granted as to paragraphs 1-8, 16-22, 24-45, 48-55, 58-60, 62-70, 73-83, 86-94, 96-101, 103, 105-113, and 115-116 and denied as to paragraphs 9- 15, 23, 46-47, 56-57, 61, 71-72, 84-85, 95, 102, 104, and 114. For the convenience of the parties, those provisions of the Amended Judgment that remain in effect, as originally written or as modified by this order, are restated in the Second Amended Judgment entered this day. Setting a hearing on December 5, 2008 at 11:00 a.m. to address contemplated enforcement proceedings. The parties shall file written status reports by December 2, 2008. This order does not preclude any party from commencing enforcement proceedings at an earlier time. Signed by Judge Neil V Wake on 10/22/08.(DMT, )
October 22, 2008
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AMENDED by (Doc. 2094) - SECOND AMENDED JUDGMENT - The Amended Judgment 705 is vacated as to future effect, except that the terms of this Second Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Second Amended Judgment and will provide quarterly summaries of those records to Plaintiffs counsel. (AJ 114). (see judgment for full details). Signed by Judge Neil V Wake on 10/22/08. (DMT, ) Modified on 5/24/2012 (DMT).
April 20, 2009
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ORDER granting 1640 Motion for Attorney Fees: ORDERED that Plaintiffs Motion for Attorneys Fees and Non-taxable Costs (doc. #1640) is granted in the amount of $1,239,491.63 and nontaxable costs in the amount of $123,221.77. Additional fees and expenses accrued since December 5, 2008, may be claimed by May 6, 2009. Defendants may file a response within the time permitted by LRCiv 7.2(c). No reply may be filed unless invited by the Court. The Court will then direct entry of judgment in the total amount awarded, with interest from October 22, 2008. See text of attached order for full details. Signed by Judge Neil V Wake on 4/20/09.(SJF)
July 2, 2009
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ORDER granting 1826 Amended Motion for Attorney Fees. ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $1,239,491,63 for attorneys' fees and $123,221.77 for non-taxable costs plus interest at the federal rate from 10/22/08 until paid. FURTHER ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $97,029.55 for attorneys' fees and $4,970.52 for non-taxable costs plus interest at the federal rate from the date of this order until paid. Signed by Judge Neil V Wake on 7/1/2009.(LAD)
April 7, 2010
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ORDER that the parties meet and confer to develop a proposed procedure and schedule. The Parties shall jointly file a report explaining their proposed procedure by 06/11/10. IT IS FURTHER ORDERED setting a hearing on the parties' proposed procedure for achieving Defendants' complete compliance with the Second Amended Judgment June 24, 2010 at 1:30 p.m.. Signed by Judge Neil V Wake on 04/07/10. (NOTE: See attached pdf for complete details) (ESL)
November 17, 2010
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ORDER that 1912 Motion to terminate is denied for lack of jurisdiction without prejudice to refiling it after the Court of Appeals' mandate issues and jurisdiction is revested in this Court. Signed by Judge Neil V Wake on 11/16/10.(DMT)
May 16, 2011
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ORDER: 1949 Defendant Arpaio's Motion Regarding Detention Staff Training Relating to Mental Health Issues is denied, 1959 Defendant Maricopa County Board of Supervisors' Motion to Vacate June 14, 2011 Evidentiary Hearing is granted without prejudice, and 1963 Plaintiffs' Motion for an Order Adopting the Unopposed Recommended Remedies of the Courts Experts is denied. FURTHER ORDERED granting 1953 Plaintiffs' discovery request for counsel and their medical expert to tour the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site, upon reasonable notice to Defendants. FURTHER ORDERED vacating the evidentiary hearing set for 06/14/11. FURTHER ORDERED setting a status conference for 9:30 a.m., 06/14/11. By 06/07/11, the parties shall file a joint case management report stating (1) whether there is need for an evidentiary hearing regarding nursing and/or physician staffing and (2) whether there is need for an evidentiary hearing on any other matter at this time. See order for details. Signed by Judge Neil V Wake on 05/16/11. (NKS)
July 12, 2011
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ORDER: Upon finding of good cause, the effective date of the automatic stay under 18 U.S.C. § 3626(e)(2) of those provisions of the Second Amended Judgment subject to Defendant Arpaios Motion to Terminate is postponed to 09/06/11, as provided by 18 U.S.C. § 3626(e)(3). FURTHER ORDERED that the 1992 Stipulation Regarding Automatic Stay is denied without prejudice. FURTHER ORDERED that the parties have until 5:00 p.m., 07/18/11, to file a new stipulation if they wish to waive the automatic stay that would otherwise be imposed by 18 U.S.C. § 3626(e)(2) as herein postponed under § 3626(e)(3). See order for complete details. Signed by Judge Neil V Wake on 7/12/11. (NKS)
July 15, 2011
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ORDER granting 1978 Motion for Attorney Fees and Cost in Connection with Defendant Arpaio's Appeal (Doc. 1978). That the Clerk enter judgment pursuant to Fed. R. Civ. P. 54(d) and LRCiv 54.2 in favor of Plaintiffs against Defendants in the amount of $42,441.30 for attorneys' fees and $1,643.36 for non-taxable costs payable to the ACLU National Prison Project and $12,113.85 for attorneys' fees and $1,127.94 for non-taxable costs payable to Osborn Maledon, P.A., plus interest at the federal rate from the date of this Order until paid. Signed by Judge Neil V Wake on 7/15/11.(DMT)
May 24, 2012
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ORDER: 2080 Defendant Arpaio's Motion to Terminate is granted. For the convenience of the parties, those provisions of the Second Amended Judgment that remain in effect are restated in the Third Amended Judgment entered this day. FURTHER ORDERED vacating the final evidentiary hearing and oral argument set at 9:30 a.m., July 10, 2012. Signed by Judge Neil V Wake on 5/24/12. (NKS)
May 24, 2012
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** VACATED AS TO FUTURE EFFECT PER FOURTH AMENDED JUDGMENT 2284 ** THIRD AMENDED JUDGMENT - The Second Amended Judgment (Doc. 1635) is vacated as to future effect, except that the terms of this Third Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Third Amended Judgment and will provide quarterly summaries of those records to Plaintiffs' counsel. Signed by Judge Neil V Wake on 5/24/12. (see judgment for full details)(DMT) Modified on 9/30/2014 (LAD).
September 30, 2014
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FINDINGS OF FACT AND CONCLUSIONS OF LAW and Order - IT IS ORDERED that Defendants Fulton Brock, Don Stapley, Andrew Kunasek, Max Wilson and Mary Rose Wilcoxs Motion to Terminate Third Amended Judgment on Behalf of Correctional Health Services (Doc. 2142) is denied. By December 1, 2014, Defendants will adopt policies and procedures or amend existing policies and procedures. By December 16, 2014, Defendants will file with the Court a copy of each policy adopted or amended to comply with this Order and identify the specific policy provisions that demonstrate compliance. By February 27, 2015, Defendants will fully implement each of the policies ordered herein, including hiring additional staff, providing training, and making facility modifications, as needed. By March 16, 2015, Defendants will file with the Court a summary of actions taken to implement each of the policies. Beginning March 2, 2015, Defendants will collect and summarize data for a period of 180 days that shows the extent to which Defendants are complying with this Order. On September 15, 2015, Defendants will file with the Court a report of the data collected and summarized in compliance with this Order. IT IS FURTHER ORDERED that, for the convenience of the parties, those provisions of the Third Amended Judgment that remain in effect and the additional prospective relief granted by this Order are restated in the Fourth Amended Judgment entered this day. (See document for full details). Signed by Judge Neil V Wake on 9/30/14. (LAD)
December 10, 2014
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ORDER that Plaintiffs' Motion for Reconsideration (Doc. 2287) is granted in part. FURTHER ORDERED that the Revised Fourth Amended Judgment (Doc. 2299) filed concurrently with this Order shall supersede the Fourth Amended Judgment (Doc. 2284) and have continuing effect. See order for complete details. Signed by Judge Neil V. Wake on 12/10/14. (NKS)
July 23, 2015
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ORDER that the Motion of Osborn Maledon, P.A. to Withdraw as Counsel of Record for Plaintiffs (Doc. 2321) is denied. See order for complete details. Signed by Judge Neil V. Wake on 7/23/15. (NKS)
March 1, 2017
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** AMENDED BY DOC. 2411 ** ORDER: Plaintiffs' Motion to Enforce Fourth Amended Judgment and for Additional Relief 2373 is denied. Plaintiffs' Motion for Evidentiary Hearing 2380 is denied. By 3/17/2017, Defendants will meet and confer with Plaintiffs regarding Defendants' plan for collecting and summarizing data to show compliance. Defendants will collect and summarize data for the months of April, May, and June 2017. During April, May, and June 2017, Plaintiffs' counsel and experts may tour the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site. By 7/28/2017, Defendants shall file with the Court a report of their corrective actions, compliance data collection procedures, and compliance data summaries for April, May, and June 2017. Beginning 8/1/2017, Defendants shall make available to Plaintiffs the raw data summarized in Defendants' compliance report. Plaintiffs shall file a response to Defendants' compliance report by 9/1/2017. Defendants' reply in support of their compliance report is due 9/22/2017. See order for details. Signed by Senior Judge Neil V Wake on 3/1/2017.(LMR) Modified on 3/27/2017 (LMR).
August 22, 2018
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ORDER: Defendants' Motion to Strike Plaintiffs' Reply to the Motion to Enforce and Declarations 2451 is granted. Plaintiffs' Motion to Enforce Fourth Amended Judgment and for Additional Relief 2434 is denied. Plaintiffs' Motion to Re-Open Discovery and for a Scheduling Order 2435 is denied. IT IS FURTHER ORDERED that: 1. Defendants have demonstrated compliance with subparagraphs (17), (20), (24), (25), (27), (28), and (29) of Paragraph 5(a) of the Revised Fourth Amended Judgment. 2. Defendants have demonstrated compliance with subparagraph (26) of Paragraph 5(a) of the Revised Fourth Amended Judgment except to the extent that further evidence is required concerning instances of disciplinary isolation 3. Defendants' compliance with subparagraphs (22) and (23) of Paragraph 5(a) of the Revised Fourth Amended Judgment is undecided pending completion of supplemental briefing. 4. Adjudication of compliance with Paragraph 5(a) and lifting of that paragraph and paragraphs 2, 3, and 4 of the Revised Fourth Amended Judgment is withheld until adjudication of compliance with subparagraphs (22), (23), and (26) of Paragraph 5(a). 5. By 9/21/2018, Defendants shall file a proposed plan for demonstrating compliance with subparagraph (26) of Paragraph 5(a) of the Revised Fourth Amended Judgment concerning instances of disciplinary isolation. (See attached Order for additional information.) Signed by Senior Judge Neil V. Wake on 8/22/2018. (RMW)