Case: Allison v. Lincoln County

Allison v. Lincoln Cty Bd Comm, et al

Allison v. Lincoln Cty Bd Comm, et al

Allison v. Lincoln Cty Bd Comm, et al

Allison v. Lincoln County Board of Commissioners

Allison v. Lincoln County Board of Commissioners

Allison v. Lincoln County Board of Commissioners

CLASS ACTION COMPLAINT for damages for violations of civil & constitutional rights & for declaratory & injunctive relief with jury demand (6 Summons(es) issued) (referred to Magistrate Judge W. D. Schneider) (pz) Modified on 08/24/2005 (Entered: 08/24/2005)

LETTER re: consent to proceed before a U.S. Magistrate Judge (pz)

MOTION by pltf for attorney Mark E Merin to appear pro hac vice (pz) (Entered: 08/24/2005)

MOTION by pltf for attorney Andrew C Schwartz to appear pro hac vice (pz) (Entered: 08/24/2005)

MOTION by pltf for attorney Jeffrey I Schwarzschild to appear pro hac vice (pz) (Entered: 08/24/2005)

FILING FEE PAID: on 8/22/05 in the amount of $250.00, receipt #: 505169. (pz)

SUMMONSES issued as to deft Cornell Companies & registered agent for Correctional Systems (td)

ORDER by Magistrate Judge Robert H. Scott granting pltfs' motions for attorney Jeffrey I Schwarzschild [4-1] Andrew C Schwartz [3-1] Mark E Merin to appear pro hac vice [2-1] (cc: all counsel) (vv) (Entered: 08/30/2005)

NOTICE by pltf of refusal to consent to proceed before a U.S. Magistrate Judge (pz) (Entered: 09/07/2005)

RETURN OF SERVICE executed upon Tammy Maddox, Linoln County Clerk for deft Lincoln County Board of Commissioners on 8/29/05 (td) (Entered: 09/08/2005)

RETURN OF SERVICE executed upon Undersheriff David O'Brien for deft Lincoln County Sheriff's Department 8/29/05 (td) (Entered: 09/08/2005)

RETURN OF SERVICE executed upon deft Correctional Systems on 8/26/05 (td) Modified on 11/14/2005 (Entered: 09/08/2005)

RETURN OF SERVICE executed upon Undersheriff David O'Brien for deft Sheriff Richard Virden on 8/29/05 (td) (Entered: 09/08/2005)

RETURN OF SERVICE executed upon deft Morales on 8/29/05 (td) (Entered: 09/08/2005)

MINUTE ORDER: Case reassigned to District Judge William P. Johnson (cc: all counsel) (pz) (Entered: 09/07/2005)

RETURN OF SERVICE executed upon defendant Cornell Companies on 9/9/05 (pz) (Entered: 09/27/2005)

ENTRY OF APPEARANCE for defendants Lincoln Cty Bd Comm, Lincoln County, Cornell Companies, Correctional Systems, Morales by Patrick D Allen * (vv) (Entered: 10/19/2005)

ANSWER by defendants [1-1] * (vv) (Entered: 10/19/2005)

NOTICE of refusal to consent to proceed before US Magistrate Judge by defts (ln) (Entered: 10/21/2005)

INITIAL SCHEDULING ORDER by Magistrate Judge W. D. Schneider Rule 16 scheduling conference set for 12/6/05 at 9:30 am; provisional discovery plan & IPTR due 11/29/05 (cc: all counsel) * (vv) (Entered: 10/21/2005)

CERTIFICATE of service by plaintiff of initial disclosures to counsel on 11/29/05 * (vv) (Entered: 11/29/2005)

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 11/29/2005)

CLERK'S MINUTES: before Magistrate Judge W. D. Schneider Rule 16 scheduling conference held * (vv) (Entered: 12/07/2005)

CERTIFICATE of Service by defts of initial disclosures to counsel on 12/7/05 (pr) (Entered: 12/08/2005)

ORDER by Magistrate Judge W. D. Schneider setting settlement conference for 7/11/06 at 9:00 am (cc: all counsel) * (vv) (Entered: 12/16/2005)

NOTICE of hearing Jury selection/trial set for 7/17/06 at 1:30 pm before Judge Johnson in Roswell (cc: all counsel) * (vv) (Entered: 12/22/2005)

INITIAL PRE-TRIAL REPORT by District Judge William P. Johnson and Magistrate Judge W. D. Schneider; Discovery set for 12/6/06; mtn filing ddl set for 2/6/06; proposed pretrial order due 4/24/06; pretrial conference set for 9:00 am on 6/26/06; jury trial set for 1:30 pm on 7/17/06; Estimated # of Trial Days: 2-6 weeks; Chances of Settlement: unknown at this time (cc: all counsel) (vv) (Entered: 12/23/2005)

MINUTE ORDER: Pretrial conference & Jury trial vacated (cc: all counsel) * (vv) (Entered: 12/23/2005)

CERTIFICATE of service by defendant Lincoln County of 1st interrogatories, request for production to counsel on 1/4/06 * (vv) (Entered: 01/05/2006)

CERTIFICATE of service by plaintiff of request for entry upon land for inspection to counsel on 1/6/06 * (vv) (Entered: 01/06/2006)

CERTIFICATE of service by defendant of ntc of deposition to counsel on 1/10/06 (vv) (Entered: 01/11/2006)

CERTIFICATE OF SERVICE by pltf Sharon Allison of 1st request for production of documents to counsel on 01/11/06* (ln) (Entered: 01/12/2006)

CERTIFICATE OF SERVICE by pltf Sharon Allison of 1st set of interrogatories to counsel on 01/11/06* (ln) (Entered: 01/12/2006)

CERTIFICATE OF SERVICE by pltf Sharon Allison of 1st request for admission to counsel on 01/11/06* (ln) (Entered: 01/12/2006)

CERTIFICATE of service by plaintiff of 1st interrogatories, request for production to counsel on 2/6/06 * (vv) (Entered: 02/06/2006)

UNOPPOSED MOTION by defendant for protective order (vv) (Entered: 02/09/2006)

CERTIFICATE by defts Lincoln Cty Bd of Comm, Lincoln Cty Sheriff's Dept, Richard Virden, Cornell Companies, Inc., Correctional Systems, Inc. & Deputy Morales of Service of notice of non-appearance for Deposition to counsel on 02/09/06 (nc) (Entered: 02/10/2006)

CERTIFICATE of service by defendants of answers to interrogatories, responses to request for admissions & production to counsel on 2/13/06 * (vv) (Entered: 02/13/2006)

PROTECTIVE ORDER by Magistrate Judge W. D. Schneider : granting joint motion for protective order [33-1] (cc: all counsel) (vv) (Entered: 02/17/2006)

NOTICE of hearing Jury selection/trial set for 7/23/07 at 1:30 pm before Judge Johnson in Roswell, NM (cc: all counsel) * (vv) (Entered: 02/21/2006)

AMENDED INITIAL PRE-TRIAL REPORT by District Judge William P. Johnson and Magistrate Judge W. D. Schneider; Discovery set for 12/6/06; mtn filing ddl set for 2/6/07; proposed pretrial order due 4/24/07; pretrial conference set for 9:00 am on 7/9/07; jury trial set for 1:30 pm on 7/23/07; Estimated # of Trial Days: 2-6 weeks; Chances of Settlement: unknown at this time (cc: all counsel) (vv) Modified on 02/23/2006 (Entered: 02/23/2006)

MOTION by plaintiff for leave to file amended complaint * (vv) (Entered: 04/12/2006)

CERTIFICATE of service by defendant of responses to 2nd request for production to counsel on 4/25/06 * (vv) (Entered: 04/26/2006)

RESPONSE by defendant to motion for leave to file amended complaint [39-1] * (vv) (Entered: 05/01/2006)

JOINT MOTION to vacate settlement conference * (vv) (Entered: 05/04/2006)

UNOPPOSED MOTION by plaintiff to exceed page limitation for reply brief * (vv) (Entered: 05/10/2006)

ORDER by Magistrate Judge W. D. Schneider granting pltf's motion to exceed page limitation for reply brief [43-1] (cc: all counsel) (vv) (Entered: 05/12/2006)

REPLY by plaintiff to response to motion for leave to file amended complaint [39-1] * (vv) (Entered: 05/15/2006)

ORDER by Magistrate Judge W. D. Schneider granting joint motion to vacate settlement conference [42-1] (cc: all counsel) (vv) (Entered: 06/01/2006)

UNOPPOSED MOTION by plaintiff to extend time to file class certification mtns and to disclose expert witnesses * (vv) (Entered: 06/26/2006)

ORDER by District Judge William P. Johnson granting pltf's motion for leave to file amended complaint [39-1] (cc: all counsel) * (vv) (Entered: 06/26/2006)

AMENDED COMPLAINT [1-1] by plaintiff; jury demand terminating defendants Lincoln County, Richard Virden, Lincoln County; adding Mike Holm, Roger Jeffers, Lucy Vega, Lincoln Cty Det Cntr (vv) (Entered: 06/29/2006)

ORDER by Magistrate Judge W. D. Schneider granting pltf's motion to extend time to file class certification mtns [47-1] & to disclose expert witnesses [47-2] (cc: all counsel) (vv) (Entered: 08/03/2006)

JOINT MOTION for preliminary approval of class action settlement * (vv) Modified on 10/2/2007 (dmw) (Entered: 10/27/2006)

CERTIFICATE of service by pltf of joint mtn for preliminary approval of class action settlement [with exhibits A-E] to counsel on 10/27/06 * (vv) (Entered: 10/27/2006)

NOTICE of Hearing on Motion for Preliminary Approval of Class Action Settlement 51 : Motion Hearing set for 1/30/2007 01:30 PM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (mg) (Entered: 01/12/2007)

Clerk's Minutes for hearing on Joint Motion for Preliminary Approval of Settlement and Conditional Class Certification held on 1/30/2007 before Judge William P. Johnson. (Court Reporter T. Garrett.) (rg) (Entered: 01/30/2007)

MEMORANDUM in Support of Joint Motion for Preliminary Approval of Class Action Settlement filed by Sharon Allison. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Rothstein, Robert) (Entered: 02/09/2007)

ORDER by Judge William P. Johnson granting preliminary approval of Class Action Settlement and conditionally certifying the Settlement Class and setting a Final Approval Hearing for 11/1/2007 09:00 AM in Albuquerque - 540 Bonito Courtroom.(mag) Modified on 8/16/2007 to create linkage with doc # 51 [vv] (Entered: 05/01/2007)

MINUTE ORDER vacating July 9, 2007 Pre-Trial Conference and July 23, 2007 Jury Trial in Roswell, New Mexico per Order Granting Preliminary Approval of Class Action Settlement 56 entered 5/1/07. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (mag) (Entered: 06/07/2007)

Joint MOTION to Approve Settlement (Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement) by Sharon Allison. (Merin, Mark) (Entered: 10/15/2007)

Unopposed MOTION for Attorney Fees (Class Counsels' Unopposed Application for Approval of Attorneys Fees and Costs) by Sharon Allison. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Merin, Mark) Modified on 4/24/2008 to create link with doc # 65 [vv] (Entered: 10/15/2007)

AFFIDAVIT re 59 Unopposed MOTION for Attorney Fees (Class Counsels' Unopposed Application for Approval of Attorneys Fees and Costs), 58 Joint MOTION to Approve Settlement (Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement) (Affidavit of Mark E. Merin in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement and Approval of Attorneys Fees and Costs) by Sharon Allison (Merin, Mark) (Entered: 10/15/2007)

AFFIDAVIT re 59 Unopposed MOTION for Attorney Fees (Class Counsels' Unopposed Application for Approval of Attorneys Fees and Costs), 58 Joint MOTION to Approve Settlement (Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement) (Affidavit of Robert R. Rothstein in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement and Approval of Attorneys Fees and Costs) by Sharon Allison (Merin, Mark) (Entered: 10/15/2007)

AFFIDAVIT re 59 Unopposed MOTION for Attorney Fees (Class Counsels' Unopposed Application for Approval of Attorneys Fees and Costs), 58 Joint MOTION to Approve Settlement (Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement) (Affidavit of Andrew C. Schwartz in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement and Approval of Attorneys Fees and Costs) by Sharon Allison (Merin, Mark) (Entered: 10/15/2007)

AFFIDAVIT re 59 Unopposed MOTION for Attorney Fees (Class Counsels' Unopposed Application for Approval of Attorneys Fees and Costs), 58 Joint MOTION to Approve Settlement (Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement) (Affidavit of Ryanne Fitzgerald in Support of Joint Unopposed Motion for Final Approval of Class Action Settlement Agreement and Approval of Attorneys Fees and Costs) by Sharon Allison (Attachments: # 1 Exhibit A&B)(Merin, Mark) (Entered: 10/15/2007)

MINUTE ORDER vacating the 11/1/07 hearing and resetting Final Approval Hearing on 11/29/2007 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge William P. Johnson. (mag) (Entered: 10/29/2007)

JUDGMENT in favor of Plaintiffs against Defendants granting final approval of Settlement Agreement by Judge William P. Johnson (mag) Modified on 4/24/2008 to create link with doc # 59 [vv] (Entered: 11/29/2007)

Clerk's Minutes for proceedings held before Judge William P. Johnson: Fairness Hearing held on 11/29/2007. (Court Reporter T. Garrett.) (rwg) (Entered: 11/30/2007)

Joint MOTION to Approve Settlement Proceeds Final Distribution by Sharon Allison. (Rothstein, Robert) (Entered: 03/26/2009)

ORDER by District Judge William P. Johnson granting 67 Motion to Approve Settlement (vv) (Entered: 04/03/2009)