Case: Flynn v. Doyle

2:06-cv-00537 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: May 1, 2006

Clearinghouse coding complete

Case Summary

On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female inmates incarcerated at Taycheedah Correctional Institution (TCI) in Fond du Lac, Wisconsin. Plaintiffs alleged that their conditions of confinement violated their rights under the Eighth and Fourteen…

On May 1, 2006, attorneys for the National Prison Project of the ACLU Foundation and the American Civil Liberties Union of Wisconsin Foundation Inc. filed a civil rights class action in the United States District Court Eastern District of Wisconsin pursuant to 42 U.S.C. § 1983 on behalf of female inmates incarcerated at Taycheedah Correctional Institution (TCI) in Fond du Lac, Wisconsin. Plaintiffs alleged that their conditions of confinement violated their rights under the Eighth and Fourteenth Amendments to the United States Constitution; Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132; and Section 504 of the Rehabilitation Act, 29 U.S .C. § 794. Specifically, plaintiffs alleged insufficient medical, mental health, and dental care; disparity in mental health treatment between male and female prisoners; and disability discrimination. They sought declaratory and injunctive relief and moved for immediate class certification.

Defendants denied the allegations, moved for summary judgment and requested that all discovery be stayed. The District Court (Chief Judge Rudolph T Randa) granted plaintiffs' motion to certify the case as a class action, with the class defined as: (1) the TCI Class consisting of all prisoners who are now or in the future will be confined at TCI; and (2) the ADA Subclass consisting of all individuals with disabilities who are now or in the future will be confined at TCI. The defendants' motion for summary judgment was denied and as was the request to stay discovery. Flynn v. Doyle, 2007 WL 805788, 2007 U.S. Dist. LEXIS 22659 (E.D.Wis. Mar. 14, 2007). The Court then entered a scheduling order which governed discovery and various case deadlines.

On January 23, 2009, the plaintiffs filed a motion for a preliminary injunction, which Judge Randa granted on April 24, 2009. Judge Randa ordered the defendants to make sure that all controlled medications at Taycheedah Correctional Institution (TCI) be distributed by trained medical personnel with credentials equal to or greater than those of Licensed Practical Nurses (LPNs) as defined by Wis. Stat. § 441.10. The defendants shall ensure that LPNs distributing medications are trained in institution-specific and department-specific medication administration and documentation practices and protocols.

On November 24, 2009, Judge Randa granted the defendants' motion for partial summary judgment with respect to only the claims related to dental care, but denied the motion for partial summary judgment in all other respects.

On August 23, 2010, the parties reached a settlement agreement, which Judge Randa approved on December 2, 2010. With regard to medical care, the agreement required TCI to attain accreditation by the National Commission on Correctional Health Care and to retain a jointly appointed paid consultant for a set period of time to make sure TCI continued to meet the medical care standards set in the agreement. The defendants were also required to hire a full-time physician board-certified in a primary care to serve as Associate Medical Director who would provide patient care and administration of clinical care at TCI for the duration of the agreement. The settlement also outlined the procedure to be followed if the consultant indicated that there was noncompliance with the agreement. With regard to mental health care, the agreement required Wisconsin Women's Resource Center to complete construction of and initiate services at planned annexes at TCI to provide space for out-of-cell therapeutic activities and group and individual therapy for prisoners with serious mental illnesses. With regard to access for prisoners with disabilities, the agreement required the defendants to provide interpreters and readers for prisoners with hearing and/or vision impairments, other accommodations for hearing impaired prisoners, and maintain paths, walkways, and thoroughfares between buildings to ensure access to core programs and services for prisoners with mobility disabilities. In addition, the defendants must permit prisoners with mobility disabilities to eat in the dining hall at the same time as their non-disabled peers and adhere to DAI Policy & Procedures for disciplining prisoners with hearing disabilities. The agreement allowed the plaintiffs to seek reasonable attorneys' fees for the work done through the date of the final approval of the agreement and for work done to facilitate and monitor the implementation of the agreement.

On December 14, 2010, Judge Randa ordered defendants to pay $950,000 in attorneys' fees.

Summary Authors

Kristen Sagar (4/6/2009)

Jessica Kincaid (11/22/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4692317/parties/flynn-v-doyle/


Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Dupuis, Laurence J. (Wisconsin)

Eber, Gabriel B. (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Gende, James J III (Wisconsin)

Graham, Robert L (Illinois)

Holleb Hotaling, Keri L (Illinois)

Reinhart, Stephanie L. (Illinois)

Judge(s)

Randa, Rudolph Thomas (Wisconsin)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Bhat, Ghouri (Texas)

Dupuis, Laurence J. (Wisconsin)

Eber, Gabriel B. (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Gende, James J III (Wisconsin)

Graham, Robert L (Illinois)

Holleb Hotaling, Keri L (Illinois)

Reinhart, Stephanie L. (Illinois)

Selvey, Jason A (Illinois)

Strong, Michael R (Illinois)

Attorneys(s) for Defendant

Anderson, Kathryn R. (Wisconsin)

Bauer, Michael R (Wisconsin)

Burkert Brist, Monica A. (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Keckhaver, Karla Z. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Documents in the Clearinghouse

Document

2:07-cv-00376

Docket (PACER) related case

The Estate of Angela Enoch v. Tienor

Jan. 5, 2012

Jan. 5, 2012

Docket

2:06-cv-00537

Docket [PACER]

Flynn v. Doyle

June 8, 2012

June 8, 2012

Docket
1

2:06-cv-00537

Class Action Complaint for Declaratory and Injunctive Relief

Flournoy v. Doyle

May 1, 2006

May 1, 2006

Complaint
57

2:06-cv-00537

Decision and Order

2007 WL 805788, 2007 U.S.Dist.LEXIS 22659

March 14, 2007

March 14, 2007

Order/Opinion
124

2:06-cv-00537

Plaintiff's Brief in Support of Motion for Preliminary Injunction

Jan. 23, 2009

Jan. 23, 2009

Pleading / Motion / Brief
178

2:06-cv-00537

Decision And Order (Granting Preliminary Relief)

630 F.Supp.2d 987

April 24, 2009

April 24, 2009

Order/Opinion
234

2:06-cv-00537

Decision and Order

Nov. 24, 2009

Nov. 24, 2009

Order/Opinion

2:06-cv-00537

Settlement Agreement

Aug. 23, 2010

Aug. 23, 2010

Settlement Agreement
274

2:06-cv-00537

Order Granting Final Approval of Class Action Settlement

Dec. 2, 2010

Dec. 2, 2010

Order/Opinion
280

2:06-cv-00537

Joint Motion to Incorporate Settlement Terms

May 23, 2011

May 23, 2011

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4692317/flynn-v-doyle/

Last updated Aug. 2, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Consent Forms Distributed for Magistrate Judge A.E. Goodstein. Jury Demand; (Filing Fee Paid $350 receipt#102130483).(jv) Document added on 5/1/2007 (bet) (Entered: 04/24/2007)

April 23, 2007

April 23, 2007

57

ORDER signed by Judge Rudolph T Randa on March 14, 2007 granting 38 Motion for Leave to File; finding as moot 39 Motion to Continue; granting 50 Motion for Leave to File; granting 51 Motion for Leave to File; granting 2 Motion to Certify Class; denying 20 Motion for Summary Judgment; finding as moot 22 Motion to Stay. (cc: all counsel) (Randa, Rudolph)

March 14, 2007

March 14, 2007

RECAP
2

PDF Document Requirement form sent to James J. Gende, II regarding Complaint with attachments filed on 4/23/07 (Second Notice). (jld)

May 1, 2007

May 1, 2007

60

ORDER granting 59 Joint MOTION to Modify Scheduling Order. Signed by Judge Rudolph T Randa on April 16, 2007. Amended Pleadings due by 6/15/2007, Discovery due by 11/21/2007, Plaintiffs Expert Witness List due by 9/7/2007, Defendants Expert Witness List due by 10/9/2007, Rebuttal Experts due by 11/09/2007, Dispositive Motions due by 12/21/2007. (cc: all counsel)(Randa, Rudolph)

April 16, 2007

April 16, 2007

RECAP
70

ORDER signed by Judge Rudolph T Randa on July 17, 2007 granting 65 Motion to Modify. (cc: all counsel) (Randa, Rudolph)

July 17, 2007

July 17, 2007

RECAP
3

Docket Annotation ; Second reminder to file the certificate of interest sent to Attorney James J. Gende, II. (jld)

May 1, 2007

May 1, 2007

92

ORDER signed by Judge Rudolph T Randa on January 24, 2008 granting 77 Motion to Take Deposition from prisoners; denying 84 Motion for Discovery. (cc: all counsel) (Koll, J)

Jan. 24, 2008

Jan. 24, 2008

RECAP
4

Consent to Jurisdiction by US Magistrate Judge by all plaintiffs. (Gende, James)

May 1, 2007

May 1, 2007

119

ORDER Authorizing Disclosure of Alcohol and Drug Abuse Patient Records signed by Chief Judge Rudolph T Randa on 10/10/2008. (cc: all counsel) (Koll, J)

Oct. 10, 2008

Oct. 10, 2008

RECAP
5

Amended Consent to Jurisdiction by US Magistrate Judge by all plaintiffs. (Gende, James)

May 2, 2007

May 2, 2007

6

Defendants' ANSWER to Complaint with Jury Demand by Jess M Gonzalez, Lori A Amend, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, Kevin Kallas, Donald Hands, Patrick A Tienor, RN, Judith Stemper, RN. (Attachments: # 1)(Sullivan, Francis)

June 25, 2007

June 25, 2007

178

ORDER signed by Chief Judge Rudolph T Randa on 04/24/2009 granting 123 Motion for Preliminary Injunction. [See order for filing deadlines.] (cc: all counsel) (Koll, J)

April 24, 2009

April 24, 2009

RECAP
234

DECISION AND ORDER signed by Judge Rudolph T Randa on 11/24/2009 granting in part and denying in part 130 Defendants' Motion for Partial Summary Judgment.Telephonic Scheduling Conference set for 12/9/2009 10:30 AM before Judge Rudolph T Randa. All parties shall dial the Sprint Telephone Operator to participate. See Order for details. (cc: all counsel) (Randa, Rudolph)

Nov. 24, 2009

Nov. 24, 2009

RECAP
7

LETTER from deputy clerk to Asst. A.G. Francis X. Sullivan regarding magistrate judge consent/refusal form (vlh)

July 25, 2007

July 25, 2007

265

ORDER signed by Judge Rudolph T Randa on 08/23/2010 granting 261 Motion To Withdraw Class Representative. (cc: all counsel) (Koll, J)

Aug. 23, 2010

Aug. 23, 2010

RECAP
8

Refusal to Jurisdiction by US Magistrate Judge by all defendants. (Attachments: # 1 Certificate of Service)(Sullivan, Francis)

July 27, 2007

July 27, 2007

9

CERTIFICATE of Interest by all plaintiffs. (Gende, James)

Aug. 8, 2007

Aug. 8, 2007

266

ORDER signed by Judge Rudolph T Randa on 08/24/2010 granting 262 Motion for Preliminary Approval of the Settlement Agreement, Ordering Notice to the Class, and Scheduling a Fairness Hearing. Fairness Hearing set for 12/2/2010 10:30 AM in Courtroom 320, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge Rudolph T Randa. (cc: all counsel) (Koll, J)

Aug. 24, 2010

Aug. 24, 2010

RECAP
10

NOTICE of Hearing: Federal Rule of Civil Procedure 16(b) Telephonic Scheduling Conference set for 10/11/2007 09:30 AM before Chief Judge Rudolph T Randa. (cc: all counsel) (Zik, Linda)

Aug. 8, 2007

Aug. 8, 2007

11

SUMMONS Returned Executed by all plaintiffs. Tonya R Alexander−Krings served on 7/27/2007, answer due 8/16/2007. (Gende, James)

Aug. 15, 2007

Aug. 15, 2007

12

ANSWER to Complaint with Jury Demand by Tonya R Alexander−Krings. (Attachments: # 1 Certificate of Service)(Sullivan, Francis)

Aug. 16, 2007

Aug. 16, 2007

13

LETTER from Monica Burkert−Brist requesting removal of Frank X. Sullivan's name and replacing with my name . (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

Sept. 11, 2007

Sept. 11, 2007

14

LETTER from Monica Burkert−Brist to request that Jody J. Schmelzer's name be added to this case . (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

Sept. 11, 2007

Sept. 11, 2007

15

PROPOSED Proposed Scheduling Order filed by all plaintiffs. (Gende, James)

Oct. 1, 2007

Oct. 1, 2007

16

Minute Entry for proceedings held before Judge Rudolph T Randa: Telehponic Scheduling Conference held on 10/11/2007. Amended Pleadings due by 1/31/2008. Plaintiffs Expert Witness List due by 1/31/2008. Defendants Expert Witness List due by 3/31/2008. Lay Discovery due by 5/31/2008. Expert Discovery due 6/15/2008. Dispositive Motions due by 7/1/2008. Telephonic Final Pretrial Conference set for 1/23/2009 10:00 AM before Chief Judge Rudolph T Randa. 2−week Jury Trial set for 2/17/2009 09:00 AM in Courtroom 320 before Chief Judge Rudolph T Randa. (Randa, Rudolph) (Entered: 10/12/2007)

Oct. 11, 2007

Oct. 11, 2007

17

SCHEDULING ORDER: signed by Judge Rudolph T Randa on 10/12/2007. See Hearing Minutes above. (cc: all counsel) (Randa, Rudolph)

Oct. 12, 2007

Oct. 12, 2007

19

Docket Annotation − E−mail sent to Asst. A.G. Monica Burkert−Brist regarding entry at no. 18. (vlh)

Dec. 10, 2007

Dec. 10, 2007

20

STIPULATED PROTECTIVE ORDER signed by Judge Rudolph T Randa on December 10, 2007. (cc: all counsel)(Randa, Rudolph) (Entered: 12/12/2007)

Dec. 10, 2007

Dec. 10, 2007

21

MOTION for Protective Order Disallowing Certain Discovery by all defendants. (Burkert Brist, Monica)

Dec. 28, 2007

Dec. 28, 2007

22

BRIEF in Support filed by all defendants re 21 MOTION for Protective Order Disallowing Certain Discovery Regarding Production of Mortality Review Report . (Burkert Brist, Monica)

Dec. 28, 2007

Dec. 28, 2007

23

AFFIDAVIT of Kevin Kallas. (Attachments: # 1 Exhibit)(Burkert Brist, Monica)

Dec. 28, 2007

Dec. 28, 2007

24

CERTIFICATE OF SERVICE by all defendants for the Defendants' Motion for a Protective Order Disallowing Certain Discovery, Defendants' Brief in Support of Their Motion for a Protective Order Regarding Production of Mortality Review Report, and the Affidavit of Kevin Kallas (Burkert Brist, Monica)

Dec. 28, 2007

Dec. 28, 2007

25

AMENDED COMPLAINT against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Jury Demand.(Gende, James)

Dec. 28, 2007

Dec. 28, 2007

26

CERTIFICATE OF SERVICE by all plaintiffs for Amended Complaint (Gende, James)

Dec. 28, 2007

Dec. 28, 2007

27

MOTION for More Definite Statement As To Amended Complaint by all defendants. (Burkert Brist, Monica)

Jan. 7, 2008

Jan. 7, 2008

28

AFFIDAVIT of Monica Burkert−Brist. (Burkert Brist, Monica)

Jan. 7, 2008

Jan. 7, 2008

29

CERTIFICATE OF SERVICE by all defendants for Defendants' Motion For A More Definite Statement As To Amended Complaint and the Affidavit of Monica Burkert−Brist (Burkert Brist, Monica)

Jan. 7, 2008

Jan. 7, 2008

30

AMENDED COMPLAINT against all defendants filed by The Estate of Angela Enoch, Ashley Enoch, Amber Enoch. Jury Demand. (Attachments: # 1 Exhibit Exhibit to Amended Complaint# 2 Letter Cover Letter to Amended Complaint# 3 Certificate of Service Certificate of Service)(Gende, James)

Jan. 7, 2008

Jan. 7, 2008

31

BRIEF in Opposition filed by all plaintiffs re 21 MOTION for Protective Order Disallowing Certain Discovery . (Attachments: # 1 Affidavit of James J. Gende II in Opposition to Defendants' Motion for a Protective Order# 2 Exhibit A to Affidavit of James J. Gende II in Opposition to Defendants' Motion for a Protective Order# 3 Certificate of Service Brief in Opposition and Affidavit with Exhibit)(Gende, James)

Jan. 9, 2008

Jan. 9, 2008

32

REPLY BRIEF in Support filed by all defendants re 21 MOTION for Protective Order Disallowing Certain Discovery Regarding Production of Mortality Review Report . (Burkert Brist, Monica)

Jan. 15, 2008

Jan. 15, 2008

33

Reply AFFIDAVIT of Monica Burkert−Brist Regarding Mortality Review Documents . (Attachments: # 1 Exhibit A)(Burkert Brist, Monica)

Jan. 15, 2008

Jan. 15, 2008

34

CERTIFICATE OF SERVICE by all defendants for Defendants' Reply Brief in Support of Their Motion for a Protective Order Regarding Production of Mortality Review Report and the Reply Affidavit of Monica Burkert−Brist Regarding Mortality Review Documents (Burkert Brist, Monica)

Jan. 15, 2008

Jan. 15, 2008

35

Defendants' ANSWER to Amended Complaint with Jury Demand by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN. (Attachments: # 1 Attachment)(Burkert Brist, Monica)

Jan. 17, 2008

Jan. 17, 2008

37

BRIEF in Support filed by all defendants re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Burkert Brist, Monica)

Jan. 17, 2008

Jan. 17, 2008

38

CERTIFICATE OF SERVICE by all defendants for Defendants' Answer to Plaintiffs' Amended Complaint, (Frank, Nelson and Doyle not filers in this document) Defendants' Motion for Dismissal of Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank, and Defendants' Brief in Support of Motion to Dismiss Portions of Amended Complaint (Burkert Brist, Monica)

Jan. 17, 2008

Jan. 17, 2008

39

MOTION to Stay Discovery by all defendants. (Burkert Brist, Monica)

Jan. 18, 2008

Jan. 18, 2008

40

AFFIDAVIT of Monica Burkert−Brist in Support of Motion to Stay Discovery . (Burkert Brist, Monica)

Jan. 18, 2008

Jan. 18, 2008

41

AFFIDAVIT of Nanette R. Scheel in Support of Motion to Stay Discovery . (Burkert Brist, Monica)

Jan. 18, 2008

Jan. 18, 2008

42

CERTIFICATE OF SERVICE by all defendants (Burkert Brist, Monica)

Jan. 18, 2008

Jan. 18, 2008

43

WAIVER OF SERVICE Returned Executed by Helene Nelson waiver sent on 1/7/2008, answer due 3/7/2008. (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

Jan. 25, 2008

Jan. 25, 2008

44

BRIEF in Opposition filed by all plaintiffs re 39 MOTION to Stay Discovery . (Gende, James)

Jan. 25, 2008

Jan. 25, 2008

45

BRIEF [in support of plaintiffs' request for protective order] filed by all plaintiffs re 44 Brief in Opposition to Motion to Stay Discovery . (Attachments: # 1 Affidavit Affidavit of James J. Gende, II In Support of Plaintiffs Brief in Opposition to Defendants Motion to Stay Discovery and Plaintiffs Brief in Support of its Request for a Protective Order# 2 Exhibit to Affidavit of James J. Gende II# 3 Certificate of Service)(Gende, James) Modified on 1/28/2008 (vlh).

Jan. 25, 2008

Jan. 25, 2008

46

BRIEF in Opposition filed by all plaintiffs re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Gende, James)

Feb. 7, 2008

Feb. 7, 2008

47

AFFIDAVIT of James J. Gende, II in Support of Plaintiffs' Brief in Opposition to Defendants Motion to Dismiss portions of the Amended Complaint . (Attachments: # 1 Exhibit Exhibit to Affidavit of James Gende)(Gende, James)

Feb. 7, 2008

Feb. 7, 2008

48

CERTIFICATE OF SERVICE by all plaintiffs (Gende, James)

Feb. 7, 2008

Feb. 7, 2008

49

REPLY BRIEF in Support filed by Helene Nelson, James Doyle, Matthew Frank re 39 MOTION to Stay Discovery . (Burkert Brist, Monica)

Feb. 7, 2008

Feb. 7, 2008

50

REPLY BRIEF in Support filed by all defendants re 39 MOTION to Stay Discovery for the Purpose of Investigating Conduct of Plaintiffs' Counsel . (Burkert Brist, Monica)

Feb. 7, 2008

Feb. 7, 2008

51

Reply AFFIDAVIT of Monica Burkert−Brist in Support of Defendants' Motion to Stay Discovery . (Attachments: # 1)(Burkert Brist, Monica)

Feb. 7, 2008

Feb. 7, 2008

52

AFFIDAVIT of Tonya R. Alexander−Krings. (Burkert Brist, Monica)

Feb. 7, 2008

Feb. 7, 2008

53

CERTIFICATE OF SERVICE by all defendants for the Reply Brief in Support of Motion to Stay Discovery on Behalf of James Doyle, Matthew Frank and Helene Nelson, and Defendants' Reply Brief in Support of Motion to Stay Discovery for the Purpose of Investigating Conduct of Plaintiffs' Counsel and the Reply Affidavit of Monica Burkert−Brist in Support of Defendants' Motion to Stay Discovery, and the Affidavit of Tonya R. Alexander−Krings (Burkert Brist, Monica)

Feb. 7, 2008

Feb. 7, 2008

MOTION to Strike Defendants' Second Reply Brief by all plaintiffs. (Gende, James) 2:07-cv-376 As of: 12/06/2013 12:06 AM CST 12 of 23

Feb. 8, 2008

Feb. 8, 2008

56

CERTIFICATE OF SERVICE by all plaintiffs (Gende, James)

Feb. 8, 2008

Feb. 8, 2008

58

STIPULATION of Counsel Concerning Defendants' Motion to Stay Discovery Dated January 18, 2008 by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN. (Burkert Brist, Monica)

Feb. 18, 2008

Feb. 18, 2008

59

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

Feb. 18, 2008

Feb. 18, 2008

MARGIN ORDER approving stipulation of counsel concerning defendants' motion to stay discovery dated January 18, 2008. Motions terminated: 54 MOTION to Strike Defendants' Second Reply Brief 21 MOTION for Protective Order Disallowing Certain Discovery. Signed by Chief Judge Rudolph T Randa on February 19, 2008. (cc: all counsel)(Koll, J)

Feb. 20, 2008

Feb. 20, 2008

61

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

Feb. 20, 2008

Feb. 20, 2008

62

REPLY BRIEF in Support filed by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN re 36 MOTION to Dismiss Counts Six and Nine of Plaintiffs' Amended Complaint and for Dismissal of All Counts as to Defendants Doyle, Nelson and Frank . (Burkert Brist, Monica)

Feb. 21, 2008

Feb. 21, 2008

63

CERTIFICATE OF SERVICE by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Helene Nelson, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Doyle, Matthew Frank, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, Judith Stemper, RN (Burkert Brist, Monica)

Feb. 21, 2008

Feb. 21, 2008

MARGIN ORDER approving 60 MOTION to Withdraw Motion for a Protective Order Disallowing Certain Discovery Related to Inmate Mortality Review Records. Signed by Chief Judge Rudolph T Randa on February 21, 2008. (cc: all counsel)(Koll, J) 2:07-cv-376 As of: 12/06/2013 12:06 AM CST 13 of 23

Feb. 21, 2008

Feb. 21, 2008

65

MOTION to Stay Discovery by Tonya R Alexander−Krings. (Burkert Brist, Monica)

March 28, 2008

March 28, 2008

66

BRIEF in Opposition filed by Tonya R Alexander−Krings re 64 First MOTION to Compel, [AND IN SUPPORT OF] 65 MOTION to Stay Discovery . (Burkert Brist, Monica) Modified on 3/31/2008 (vlh).

March 28, 2008

March 28, 2008

67

MOTION to Seal Affidavit of Monica Burkert−Brist and Exhibits ABand to submit Exhibit B for In Camera Inspection Only by Tonya R Alexander−Krings. (Burkert Brist, Monica)

March 28, 2008

March 28, 2008

68

PROPOSED Order to Seal Affidavit of Monica Burkert−Brist and its Exhibits ABand to View Exhibit B In Camera Inspection Only filed by Tonya R Alexander−Krings. (Burkert Brist, Monica)

March 28, 2008

March 28, 2008

69

CERTIFICATE OF SERVICE by Tonya R Alexander−Krings (Burkert Brist, Monica)

March 28, 2008

March 28, 2008

71

Document sealed as to Tonya R Alexander−Krings. (vlh) Document unsealed on 1/5/12 per order. Modified on 1/5/2012 (kmm). (Entered: 04/01/2008)

March 31, 2008

March 31, 2008

72

ORDER signed by Chief Judge Rudolph T Randa on April 10, 2008 granting 67 Motion to Seal. (cc: all counsel) (Koll, J)

April 10, 2008

April 10, 2008

73

BRIEF in Support filed by all plaintiffs re 64 First MOTION to Compel. (Attachments: # 1 Affidavit Second Affidavit of James J. Gende, # 2 Exhibit Exhibit to Second Affidavit of James J. Gende, # 3 Certificate of Service Brief in Support of Plaintiffs' Motion to Compel)(Gende, James)

April 11, 2008

April 11, 2008

74

BRIEF in Opposition filed by all plaintiffs re 65 MOTION to Stay Discovery . (Attachments: # 1 Certificate of Service)(Gende, James)

April 18, 2008

April 18, 2008

75

STIPULATION of Counsel to Stay Further Briefing and Decision on Plaintiffs Motion to Compel and Defendants Motion for Protective Order by all parties. (Attachments: # 1 Letter)(Gende, James)

April 25, 2008

April 25, 2008

76

PROPOSED filed by all parties. (Attachments: # 1 Certificate of Service)(Gende, James)

April 25, 2008

April 25, 2008

77

Docket Annotation − E−mail regarding proposed order at docket entry 76 (vlh)

April 25, 2008

April 25, 2008

78

ORDER REFERRING CASE to Magistrate Judge Aaron E Goodstein for mediation. Signed by Chief Judge Rudolph T Randa on April 28, 2008. (cc: all counsel)(Koll, J)

April 28, 2008

April 28, 2008

79

ORDER REGARDING SETTLEMENT PROCEEDINGS signed by Magistrate Judge Aaron E Goodstein on 5/2/2008. Settlement Conference set for 6/3/2008 at 9:30 AM in Courtroom 254 before Magistrate Judge Aaron E Goodstein. SEE Order for all deadlines and instructions. (cc: all counsel)(Goodstein, A.)

May 2, 2008

May 2, 2008

80

MOTION for Discovery Notice of Motion and Rule 7.4 Expedited Non−Dispositive Motion Requesting Leave to Depose an Incarcerated Person by all defendants. (Attachments: # 1 Certificate of Service)(Burkert Brist, Monica)

May 5, 2008

May 5, 2008

81

First MOTION to Appoint Counsel for minors by Amber Enoch. (Attachments: # 1 Certificate of Service)(Gende, James)

May 6, 2008

May 6, 2008

82

First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) by all defendants. (Attachments: # 1 Exhibit A [Proposed Amended Answer to Amended Complaint], # 2 [Incorrect Attachment] Certificate of Service)(Burkert Brist, Monica) Modified on 5/8/2008 (vlh). (Additional attachment(s) added on 5/8/2008: # 3 Rule 7.4 Motion for Leave to Amend) (vlh).

May 8, 2008

May 8, 2008

83

RESPONSE to Motion filed by all plaintiffs re 82 First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) . (Gende, James)

May 13, 2008

May 13, 2008

84

AFFIDAVIT of James J. Gende In opposition to defendants' motion for leave to file amended answer . (Gende, James)

May 13, 2008

May 13, 2008

85

CERTIFICATE OF SERVICE by all plaintiffs Plaintiffs' Opposition to Defendandants' Request for Leave to Amend Pleading, Affid. of James J. Gende II in Opposition to Amend Pleadings (Gende, James)

May 13, 2008

May 13, 2008

86

Amended AFFIDAVIT of James J. Gende Opposing Amendments to Pleadings . (Gende, James)

May 13, 2008

May 13, 2008

87

Second Amended AFFIDAVIT of James J. Gende opposing amendments to pleadings . (Gende, James)

May 13, 2008

May 13, 2008

88

MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer by all defendants. (Burkert Brist, Monica)

May 14, 2008

May 14, 2008

89

REPLY BRIEF in Support filed by all defendants re 82 First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) First MOTION for Leave to File Amended Answer to Amended Complaint (Rule 7.4 Expedited Non−Dispositive Motion) , 88 MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer . (Burkert Brist, Monica)

May 14, 2008

May 14, 2008

90

CERTIFICATE OF SERVICE by all defendants Regarding Documents 88 and 89 (Burkert Brist, Monica)

May 14, 2008

May 14, 2008

MARGIN ORDER approving 88 MOTION for Leave to File Reply In Support of Defendants' Rule 7.4 Expedited Non−Dispositive Motion for Leave to Amend Defendants' Answer. Signed by Chief Judge Rudolph T Randa on May 15, 2008. (cc: all counsel)(Koll, J)

May 16, 2008

May 16, 2008

91

ORDER signed by Chief Judge Rudolph T Randa on May 22, 2008 granting 81 Motion to Appoint Guardian Ad Litem. The plaintiffs should submit the names of appropriate guardian ad litems for the Court's approval (cc: all counsel) (Koll, J) (Entered: 05/27/2008)

May 22, 2008

May 22, 2008

93

AMENDED ANSWER by Jess M Gonzalez, Lori A Amend, Tonya R Alexander−Krings, Kevin L Batterman, Kevin D Jones, Barbara E Sweeney, Anne Boyle, Lynda Schwandt, Deanne Schaub, Ana Boatwright, Holly Meier, Rose Kleman, Steven Meress, MD, Julia Reschke, MD, James Greer, David Burnett, MD, Kevin Kallas, MD, Donald Hands, PhD, Patrick A Tienor, RN, &Judith Stemper, RN to 30 Amended Complaint (vlh) (Entered: 05/28/2008)

May 22, 2008

May 22, 2008

NOTICE of Hearing: (cc: all counsel) Telephone Conference set for 5/30/2008 at 2:00 PM before Magistrate Judge Aaron E Goodstein to discuss possible adjournment of 6/3 settlement conference in view of appointment of guardian ad litem. The court will initiate the call. Participating counsel shall notify chambers of a direct dial number for the telephone conference by 5/29.(Quinn, C. Deputy Clerk)

May 28, 2008

May 28, 2008

94

Minute Entry for proceedings held before Magistrate Judge Aaron E Goodstein: Settlement Scheduling Conference held on 5/29/2008; settlement conference continued to 6/19/08 at 9:30am (vkb)

May 29, 2008

May 29, 2008

95

NOTICE RESCHEDULING HEARING: The Settlement Conference is adjourned to June 19, 2008, at 9:30 A.M. in view of Chief Judge Randa's Order granting appointment of guardian ad litem for mediation. (Quinn, C., Deputy Clerk)

May 29, 2008

May 29, 2008

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

1) The TCI Class, defined as “all prisoners who are now or in the future will be confined at TCI;” and 2) The ADA Subclass, defined as “all individuals with disabilities who are now or in the future will be confined at TCI.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Wisconsin Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 950,000

Order Duration: 2010 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run