Case: Lambertz-Brinkman v. Reisch

3:07-cv-03040 | U.S. District Court for the District of South Dakota

Filed Date: Nov. 21, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action under 42 U.S.C. § 1983 in the U.S. District Court of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and Fourteenth Amendments. The plaintiffs alleged that they and other inmates were routinely denied medication that had been prescribed by their treating physicians on the orders of prison staff who were not doctors and not aut…

On November 21, 2007, three female inmates in South Dakota Women's Prison filed a class action under 42 U.S.C. § 1983 in the U.S. District Court of South Dakota, alleging that they were denied medication and treatment for their mental illnesses in violation of the Eighth and Fourteenth Amendments. The plaintiffs alleged that they and other inmates were routinely denied medication that had been prescribed by their treating physicians on the orders of prison staff who were not doctors and not authorized to prescribe medication. Cost was one alleged factor for the medication denial. The plaintiffs sought injunctive and declaratory relief, as well class certification.

On October 31, 2008, Judge Charles B. Kornmann granted the plaintiffs' motion for class certification of "All individuals who are now or who will be in the future incarcerated at the South Dakota Women's Prison and who are denied or delayed access to medication or medical treatment that has been prescribed by a treating medical doctor . . . based on decisions made by persons who are not themselves medical doctors." 2008 WL 4774895. On Dec. 08, 2008, the United States Court of Appeals for the Eighth Circuit denied the defendants' appeal of the certification decision.

On April 04, 2011, the defendants moved to dismiss for failure to prosecute, which Judge Kornmann denied on June 10, 2011.

On April 17, 2012, Judge Kornmann approved a class action settlement and consent decree. 2012 WL 1339148. The defendants agreed that no prescription medication or dosage would be substituted, changed, increased, reduced or discontinued except under the direction of a qualified physician or other person authorized by law to prescribe medications. The settlement noted that the duration of the agreement would be in accordance with the requirements of the Prison Litigation Reform Act. That means the case was terminable by the defendant after a period of two years of enforcement. Each party agreed to bear its own costs and attorney's fees with the plaintiffs' attorney agreeing to donate his time, and the court maintained jurisdiction for the remainder of the decree.

The case was dormant for almost eleven years. Then, on March 27, 2023, a member of the class moved to hold the defendants in civil contempt and for appropriate remedies. This plaintiff conducted limited discovery in relation to the motion. On August 29, 2023, the defendants moved for summary judgment. On the same day, the plaintiff moved to dismiss the contempt motion.

The following day, on August 30, the parties filed a stipulated dismissal of the contempt motion. The court dismissed with prejudice the motion to hold defendants in civil contempt. It also denied the defendants’ motion for summary judgment as moot.

As of October 2023, the case is ongoing.

Summary Authors

Dan Dalton (11/30/2007)

Jessica Kincaid (11/17/2013)

Emily Kempa (3/10/2019)

Michelle Wolk (5/3/2023)

Venesa Haska (10/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4814514/parties/lambertz-brinkman-v-reisch/


Judge(s)

Kornmann, Charles B. (South Dakota)

Attorney for Plaintiff

Abourezk, Michael Charles (South Dakota)

Leach, James D. (South Dakota)

Attorney for Defendant

Geaghan, Frank E. (South Dakota)

Grode, Patrick M (South Dakota)

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Documents in the Clearinghouse

Document

3:07-cv-03040

Docket (PACER)

April 20, 2012

April 20, 2012

Docket
1

3:07-cv-03040

Class Action Complaint

Nov. 21, 2007

Nov. 21, 2007

Complaint
14

3:07-cv-03040

Opinion and Order

March 12, 2008

March 12, 2008

Order/Opinion
32

3:07-cv-03040

ORDER AND OPINION GRANTING CLASS CERTIFICATION

Lambertz−Brinkman v. Reisch

Oct. 31, 2008

Oct. 31, 2008

Order/Opinion

2008 WL 2008

62

3:07-cv-03040

Third Amended Class Action Complaint

Feb. 2, 2012

Feb. 2, 2012

Complaint
66

3:07-cv-03040

Joint Motion for Approval of Settlement

Feb. 24, 2012

Feb. 24, 2012

Settlement Agreement
73

3:07-cv-03040

ORDER APPROVING CLASS ACTION SETTLEMENT AND CONSENT DECREE

April 17, 2012

April 17, 2012

Order/Opinion
106

3:07-cv-03040

Order

Lambertz-Brinkman v. Wasko

Aug. 30, 2023

Aug. 30, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4814514/lambertz-brinkman-v-reisch/

Last updated April 26, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT, filed by Jane Does 3 through 10, Jamie Lambertz-Brinkman, Mary Peterson, Laura Rivera.(SST) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

Clearinghouse
2

CIVIL COVER SHEET. (SST) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
3

RECEIPT for Civil Filing Fee. (See docket entry 5 .) (SST) Modified on 11/26/2007 (Thielen, Sandie). (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
4

Summons Issued as to Judith Stout, Tim Reisch, Duane Russell. (SST) Modified on 11/26/2007 (Thielen, Sandie). (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
5

RECEIPT for Civil Filing Fee. Receipt No.: SDX500000989. Receipt Amount: $350. (SST) (Entered: 11/26/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
6

AMENDED Class Action COMPLAINT, filed by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera.(SST) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
7

CERTIFICATE OF SERVICE by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera re 6 AMENDED Class Action COMPLAINT. (SST) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
8

Summons Issued as to Judith Stout, Tim Reisch, Duane Russell. (SST) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
9

Summons Reissued as to Judith Stout, Tim Reisch, Duane Russell. (SST) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
10

RETURN OF SERVICE Executed upon Defendant Tim Reisch on 1/3/08 (JAB) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
11

RETURN OF SERVICE Executed upon Defendant Judith Stout on 1/3/08 (JAB) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
12

RETURN OF SERVICE Executed upon Defendant Duane Russell on 1/3/08 (JAB) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
13

Defendants ANSWER to Amended Complaint by Judith Stout, Tim Reisch, Duane Russell.(Shaw, Michael) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
14

OPINION AND ORDER Signed by Charles B. Kornmann on 3/12/08. (SRN) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

Clearinghouse
15

NOTICE of Appearance by Patrick M. Grode on behalf of Judith Stout, John Doe, Tim Reisch, Duane Russell (JAB) (Entered: 03/24/2008)

March 21, 2008

March 21, 2008

PACER
16

CERTIFICATE OF SERVICE for Plaintiff's First Request for Production to Defendants by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera (JAB) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
17

CERTIFICATE OF SERVICE by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera (JAB) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
18

MOTION to Amend/Correct 6 Amended Complaint by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Abourezk, Michael) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
19

MEMORANDUM in Support re 22 MOTION to Amend/Correct 6 Amended Complaint filed by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Attachments: # 1 Exhibit Second Amended Class Action Complaint, # 2 Exhibit Fenske Depo., # 3 Exhibit Dr Singh Depo., # 4 Exhibit Rivera Depo)(Abourezk, Michael) Modified on 4/22/2008 (Clausen, Deneen). (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
20

MOTION Class Certification by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Abourezk, Michael) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
21

MEMORANDUM in Support re 20 MOTION Class Certification filed by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Attachments: # 1 Exhibit Fenske Depo, # 2 Exhibit Dr Singh Depo, # 3 Exhibit Rivera Depo, # 4 Exhibit Peterson Depo, # 5 Exhibit Paulson Depo)(Abourezk, Michael) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER

NOTICE of Filing Error: Motion to Amend/Correct 18 filed by Plaintiff Jane Does 4 through 10, Plaintiff Jamie Lambertz-Brinkman, Plaintiff Laura Rivera FILED IN ERROR (Abourezk, Michael)

April 21, 2008

April 21, 2008

PACER
22

MOTION to Amend/Correct 6 Amended Complaint by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Attachments: # 1 Exhibit A. Second Amended Class Action Complaint)(Abourezk, Michael) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
23

BRIEF by Defendants Judith Stout, John Doe, Tim Reisch, Duane Russell. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Shaw, Michael) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER
24

REPLY BRIEF in suppport of 21 Memorandum in Support of Motion, filed by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Attachments: # 1 Exhibit Exhibit 1 - Aff of Michael Abourezk, # 2 Exhibit Def. Resp to Pltfs 2nd RFP, # 3 Exhibit Exhibit 3 - Pltfs 1st Set RFP, # 4 Exhibit Exhibit 4 - Grode ltr 4-17-08, # 5 Exhibit Exhibit 5 - MacNally ltr 9-26-07, # 6 Exhibit Exhibit 6 - MacNally Letter 4-17-08)(Abourezk, Michael) Modified by editing docket text on 5/27/2008 (DLC). (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER
25

MEMORANDUM LETTER re: discovery Signed by Charles B. Kornmann on July 2, 2008. (DLC) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
26

CERTIFICATE OF SERVICE FOR PLAINTIFFS' SECOND REQUEST FOR PRODUCTION TO DEFENDANTS by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera (SKK) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

PACER
27

CERTIFICATE of Service for Plaintiff's Third Requests for Production of Documents to Defendants by Jamie Lambertz-Brinkman. (MacNally, Shiloh) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

PACER
28

CERTIFICATE of Service for Plaintiff's Fourth Requests for Production of Documents by Jamie Lambertz-Brinkman. (MacNally, Shiloh) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
29

CERTIFICATE of Service for Plaintiff's Fifth Request for Production by Jamie Lambertz-Brinkman. (MacNally, Shiloh) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
30

ORDER granting 22 Motion to Amend Complaint. Signed by Charles B. Kornmann on 10/6/08. (SKK) (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

PACER
32

ORDER AND OPINION granting 20 Motion for Class Certification. Signed by Charles B. Kornmann on 10/31/08. (SKK) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

Clearinghouse
34

First MOTION to Compel by Jamie Lambertz-Brinkman. (Attachments: # 1 Exhibit Pltf's 1st RFP to MTC, # 2 Exhibit Pltf's 2nd RFP to MTC, # 3 Exhibit Pltf's 3rd RFP to MTC, # 4 Exhibit Pltf's 4th RFP to MTC, # 5 Exhibit Pltf's 5th RFP to MTC, # 6 Exhibit Pltf's Proposed Order to MTC)(Abourezk, Michael) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

PACER
35

AFFIDAVIT of Michael Abourezk re 34 First MOTION to Compel. (Attachments: # 1 Exhibit Pltf's 1st RFP to Aff, # 2 Exhibit Pltf's 2nd RFP to Aff, # 3 Exhibit Pltf's 3rd RFP to Aff, # 4 Exhibit Pltf's 4th RFP to Aff, # 5 Exhibit Pltf's 5th RFP to Aff, # 6 Exhibit P-D-01 Bates No.277 to Aff, # 7 Exhibit E-mail 3-20-07 Bates No. 294 to Aff)(Abourezk, Michael) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

PACER
36

MOTION for Protective Order by Judith Stout, Tim Reisch, Duane Russell. (SKK) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
37

BRIEF in Support re 36 MOTION for Protective Order and in Opposition to Motion to Compel by Defendants Judith Stout, Tim Reisch, Duane Russell. (Attachments: # 1 Exhibit A: Letter to Judge Kornman by Mike Abourezk, # 2 Exhibit B: Correctional Health Services Policy)(SKK) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
38

USCA Judgment Denying re: Petition for Permission to Appeal by Defendants/Petitioners(SKK) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
39

USCA Mandate - in accordance with the Judgment dated 12/4/08 - formal mandate is issued. (SKK) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
40

MEMORANDUM in Support re 34 First MOTION to Compel and Response To Defendants' Motion for Protective Order filed by Jamie Lambertz-Brinkman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(MacNally, Shiloh) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
41

MEMORANDUM in Support re 36 MOTION for Protective Order filed by Judith Stout, Tim Reisch, Duane Russell. (Shaw, Michael) (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

PACER
42

REPLY to 41 Memorandum in Support of Motion for Protective Order filed by Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera. (Attachments: # 1 Exhibit Ex 1 11-4-08 Letter, # 2 Exhibit Ex 2 10-17-08 Letter, # 3 Exhibit Ex 3 7-9-08 Letter, # 4 Exhibit Ex 4 7-11-08 Letter, # 5 Exhibit Ex 5 7-15-08 Letter, # 6 Exhibit Ex 6 7-25-08 Letter, # 7 Exhibit Ex 7 8-5-08 Letter, # 8 Exhibit Ex 8 8-8-08 Letter, # 9 Exhibit Ex 9 9-5-08 Letter, # 10 Exhibit Ex 10 9-8-08 Letter, # 11 Exhibit Ex 11 7-21-08 Letter, # 12 Exhibit Ex 12 8-13-08 Letter, # 13 Exhibit Ex 13 8-8-08 Letter, # 14 Exhibit Ex 14 8-11-08 Letter, # 15 Exhibit Ex 15 8-18-08 Letter, # 16 Exhibit Ex 16 8-28-08 Letter, # 17 Exhibit Ex 17 9-5-08 Letter, # 18 Exhibit Ex 18 10-23-08 Letter)(MacNally, Shiloh) (Entered: 12/22/2008)

Dec. 22, 2008

Dec. 22, 2008

PACER
43

RESPONSE to 42 Reply,,, Memorandum in Opposition to Plaintiffs' Reply Brief in Response to Defendants' Motion for Protective Order filed by Judith Stout, Tim Reisch, Duane Russell. (Shaw, Michael) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

PACER
44

MEMORANDUM LETTER re: submissions by counsel Signed by Charles B. Kornmann on January 9, 2009. (DLC) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
45

SECOND AMENDED CLASS ACTION COMPLAINT, filed by Christa Stork, Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera.(DLC) (Entered: 01/22/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
46

CERTIFICATE OF SERVICE by Christa Stork, Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera (DLC) (Entered: 01/22/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
47

STATUS REPORT Correspondence to Judge Kornmann by Judith Stout, Tim Reisch, Duane Russell. (Shaw, Michael) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
48

DEFENDANTS' ANSWER to 45 Amended Complaint (Second) by Judith Stout, Tim Reisch, Duane Russell.(Shaw, Michael) (Entered: 02/09/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
49

ORDER granting 34 Motion to Compel; denying 36 Motion for Protective Order. Signed by Charles B. Kornmann on 3/17/09. (SKK) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
50

CERTIFICATE of Service by Judith Stout, Tim Reisch, Duane Russell. (Shaw, Michael) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
51

MOTION to Dismiss for Failure to Prosecute by All Defendants. (Shaw, Michael) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

PACER
52

MEMORANDUM in Support re 51 MOTION to Dismiss for Failure to Prosecute filed by Tim Reisch, Duane Russell, Judith Stout. (Attachments: # 1 Exhibit A letter dated April 6, 2009, # 2 Exhibit B email dated May 1, 2009, # 3 Exhibit C letter dated June 1, 2009, # 4 Exhibit D email dated June 4, 2009, # 5 Exhibit E Affidavit of Brenda Hyde, # 6 Exhibit F letter dated April 28, 2009)(Shaw, Michael) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

PACER
53

Notice of Withdrawal of Attorney by All Plaintiffs. Attorney Shiloh M. MacNally terminated. (MacNally, Shiloh) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
54

MEMORANDUM in Opposition re 51 MOTION to Dismiss for Failure to Prosecute filed by All Plaintiffs. (Attachments: # 1 Exhibit 01 Affidavit Mike Abourezk, # 2 Exhibit 02 Def277 Pharmaceutical Operations, # 3 Exhibit 03 Judge Kornmann Memorandum 8-6-06, # 4 Exhibit 04 Def Proposed Stipulation and Settlement Agreement, # 5 Exhibit 05 RED LINED Def Proposed Stipulation and Settlement Agreement, # 6 Exhibit 06 Stout Email String, # 7 Exhibit 07 Pltf 1st Set of Requests for Admissions)(Abourezk, Michael) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
55

AFFIDAVIT in Opposition re 51 MOTION to Dismiss for Failure to Prosecute Affidavit of Mike Abourezk filed by All Plaintiffs. (Abourezk, Michael) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
56

REPLY to 54 Memorandum in Opposition to Motion,, to Dismiss filed by Tim Reisch, Duane Russell, Judith Stout. (Shaw, Michael) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
57

First MOTION for Leave to File Supplemental Response in Opposition to Defendants' Motion to Dismiss For Failure to Prosecute by All Plaintiffs. (Attachments: # 1 Exhibit Pltfs' Supp Response in Opp Def Mot to Dismiss)(Abourezk, Michael) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
58

ORDER denying 51 Motion to Dismiss for failure to prosecute; denying 57 Motion to file a supplemental response. Signed by Charles B. Kornmann on 06/10/2011. (ST) (Entered: 06/13/2011)

June 10, 2011

June 10, 2011

PACER
59

MEDIATION ORDER: Settlement Conference set for 11/7/2011 at 11:00 AM before U.S.Magistrate Judge Mark A. Moreno. Signed by U.S.Magistrate Judge Mark A. Moreno on October 26, 2011. (Attachments: #(1) Letter to counsel, #(2) Mediation-Confidentiality Agreement)(DLC) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
60

MOTION to Substitute Party, MOTION to Amend/Correct by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Proposed Third Amended Class Action Complaint, # 2 Exhibit 2 - Proposed Order)(Abourezk, Michael) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
61

ORDER granting 60 Motion to Substitute Parties and Amend Complaint to Reflect Substitutions. Signed by Charles B. Kornmann on January 30, 2012. (DLC) (Entered: 01/31/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
62

AMENDED COMPLAINT Third Amended Class Action Complaint, filed by Laura Rivera, Jane Does 4 through 10, Jamie Lambertz-Brinkman, Jane Does 3 through 10, Christa Stork. (Abourezk, Michael) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

Clearinghouse
63

RESPONSE to 62 Amended Complaint (Third Amended Complaint) filed by Tim Reisch, Duane Russell, Judith Stout. (Shaw, Michael) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
64

FILED IN ERROR - Joint MOTION Approval of Stipulation and Settlement Agreement by All Plaintiffs. (Attachments: # 1 Exhibit 01- Stipulation and Settlement Agreement, # 2 Exhibit 02-Preliminary Order Establishing Date for Fairness Hearing and Ordering Notice to Class Members, # 3 Exhibit 03-Notice of Proposed Class Action Settlement and Fairness Hearing, # 4 Exhibit 04-Affidavit of Mike Abourezk in Support of Motion for Approval of Proposed Class Action Settlement)(Abourezk, Michael) Modified on 2/27/2012 (SKK). (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
65

MEMORANDUM in Support re 64 Joint MOTION Approval of Stipulation and Settlement Agreement and Memorandum of Points and Authorities Supporting Approval of Stipulation and Settlement Agreement filed by All Plaintiffs. (Abourezk, Michael) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER

NOTICE of Filing Error: Motion for Miscellaneous Relief, 64 filed by Plaintiff Jane Does 4 through 10, Plaintiff Jamie Lambertz-Brinkman, Plaintiff Christa Stork, Plaintiff Jane Does 3 through 10, Plaintiff Laura Rivera, Plaintiff Mary Peterson FILED IN ERROR (Abourezk, Michael)

Feb. 24, 2012

Feb. 24, 2012

PACER
66

First MOTION Approval of Settlement Agreement Joint Motion for Approval of Stipulation and Settlement Agreement by All Parties. (Attachments: # 1 Exhibit Stipulation and Settlement Agreement, # 2 Exhibit Preliminary Order Establishing Date for Fairness Hearing and Ordering Notice to Class Members, # 3 Exhibit Notice of Proposed Class Action Settlement and Fairness Hearing, # 4 Exhibit Affidavit of Mike Abourezk in Supp Mot Approval Class Settle, # 5 Exhibit Proposed Order Approving Class Action Settlement)(Abourezk, Michael) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

Clearinghouse
67

PRELIMINARY ORDER ESTABLISHING DATE FOR FAIRNESS HEARING AND ORDERING NOTICE TO CLASS MEMBERS granting 66 Motion. Signed by Charles B. Kornmann on 03/08/2012. (SAT) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER

Set/Reset Hearings: Fairness Hearing set for 4/16/2012 at 10:30 AM via video before Charles B. Kornmann. (SAT)

March 8, 2012

March 8, 2012

PACER
68

NOTICE by Jane Does 3 through 10, Jane Does 4 through 10, Jamie Lambertz-Brinkman, Laura Rivera Notice of Proposed Class Action Settlement and Fairness Hearing (Abourezk, Michael) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
69

Written Comment to Fairness Hearing from Joyce Welch (Attachments: #(1) postmarked envelope (front and back)) (DLC) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
70

AFFIDAVIT of Brenda Hyde on Notice to Class Members. (Shaw, Michael) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
71

Evidentiary Hearing held on 4/16/2012 before Charles B. Kornmann (Court Reporter Cheryl Hook) (KMH) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
72

FINDINGS OF FACT and CONCLUSIONS OF LAW. Signed by Charles B. Kornmann on April 12, 2012. (DLC) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

RECAP
73

ORDER APPROVING CLASS ACTION SETTLEMENT AND CONSENT DECREE. Signed by Charles B. Kornmann on April 17, 2012. (DLC) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

Clearinghouse
74

JUDGMENT Signed by Charles B. Kornmann on April 20, 2012. (DLC) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
75

MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

RECAP
76

AFFIDAVIT in Support re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies filed by Jane Does 3 through 10, Jane Does 4 through 10. (Attachments: # 1 Exhibit Affidavit of Brenda Schurr) (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
77

DECLARATION of James D. Leach re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies . (Attachments: # 1 Exhibit Dr. Tobin letter, # 2 Exhibit Dr. Bellison letter, # 3 Exhibit Defendant Wasko statements) (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
78

MEMORANDUM in Support re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies filed by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
79

MOTION for Leave to Take Expedited Limited Discovery by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
80

MEMORANDUM in Support re 79 MOTION for Leave to Take Expedited Limited Discovery filed by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
81

NOTICE of Appearance by Frank E. Geaghan on behalf of Brenda Hyde, Denny Kaemingk, Tanya Reiser. (Geaghan, Frank) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
82

RESPONSE to Motion re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies filed by Brenda Hyde, Denny Kaemingk, Tanya Reiser. (Attachments: # 1 Exhibit 1: Handwritten list of medications, # 2 Exhibit 2: Picture of medication bottles, # 3 Exhibit 3: Encounter dated 2/28/2023, # 4 Exhibit 4: Encounter dated 2/24/2023, # 5 Exhibit 5: Letter from Sanford, # 6 Exhibit 6: List, # 7 Exhibit 7: Non-Formulary Drug Request for Latuda dated 2/25/2023, # 8 Exhibit 8: Non-Formulary Drug Request for Latuda dated 2/27/2023, # 9 Exhibit 9: Medications prescribed by Sanford and on-call provider) (Geaghan, Frank) (Attachment 1 replaced on 4/21/2023) (ARW). (Attachment 2 replaced on 4/21/2023) (ARW). (Attachment 3 replaced on 4/21/2023) (ARW). (Attachment 4 replaced on 4/21/2023) (ARW). (Attachment 5 replaced on 4/21/2023) (ARW). (Attachment 6 replaced on 4/21/2023) (ARW). (Attachment 7 replaced on 4/21/2023) (ARW). (Attachment 8 replaced on 4/21/2023) (ARW). (Attachment 9 replaced on 4/21/2023) (ARW). (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
83

AFFIDAVIT of Kellie Wasko re 82 Response to Motion,, . (Geaghan, Frank) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
84

DECLARATION of Aaron Haynes, M.D. re 82 Response to Motion,, . (Geaghan, Frank) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
85

MOTION to Seal by Defendants. (Attachments: # 1 Proposed Sealed Exhibits) (DLC) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
86

RESPONSE to Motion re 85 MOTION to Seal Document filed by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
87

REPLY to Motion Response re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies filed by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER
88

SUPPLEMENT by Defendants Brenda Hyde, Denny Kaemingk, Tanya Reiser re 82 Response to Motion,, . (Attachments: # 1 Exhibit 10: Patient Overview, printed 4/11/2023, # 2 Exhibit 11: DOC Prescription Form (Clonazepam), start date 2/25/2023 end date 3/4/2023, # 3 Exhibit 12: DOC Prescription Form (Clonazepam), start date 3/4/2023 end date 3/11/2023, # 4 Exhibit 13: DOC Prescription Form (Clonazepam), start date 3/11/2023 end date 3/18/2023, # 5 Exhibit 14: DOC Prescription Form (Clonazepam), start date 3/18/2023 end date 3/25/2023, # 6 Exhibit 15: DOC Prescription Form (Clonazepam), start date 3/25/2023 end date 3/31/2023, # 7 Exhibit 16: DOC Medical Record (Clonazepam) 3/7/2023, 7:42 a.m., # 8 Exhibit 17: DOC Medical Record (Clonazepam) 3/7/2023, 6:33 p.m., # 9 Exhibit 18: DOC Medical Record (Clonazepam) 3/8/2023, 6:57 a.m., # 10 Exhibit 19: DOC Medical Record (Clonazepam) 3/8/2023, 6:50 p.m., # 11 Exhibit 20: DOC Medical Record (Clonazepam) 3/9/2023, 6:52 a.m., # 12 Exhibit 21: DOC Medical Record (Clonazepam) 3/9/2023, 5:49 p.m., # 13 Exhibit 22: DOC Medical Record (Clonazepam) 3/10/2023, 7:56 a.m., # 14 Exhibit 23: DOC Medical Record (Clonazepam) 3/10/2023, 4:07 p.m., # 15 Exhibit 24: DOC Medical Record (Clonazepam) 3/11/2023, 8:24 a.m., # 16 Exhibit 25: DOC Medical Record (Clonazepam) 3/11/2023, 7:39 p.m., # 17 Exhibit 26: DOC Medical Record (Clonazepam) 3/12/2023, 6:43 a.m., # 18 Exhibit 27: DOC Medical Record (Clonazepam) 3/12/2023, 6:00 p.m., # 19 Exhibit 28: DOC Medical Record (Clonazepam) 3/13/2023, 7:34 a.m., # 20 Exhibit 29: DOC Medical Record (Clonazepam) 3/13/2023, 6:47 p.m., # 21 Exhibit 30: DOC Medical Record (Clonazepam) 3/14/2023, 7:40 a.m., # 22 Exhibit 31: DOC Medical Record (Clonazepam) 3/14/2023, 6:13 p.m., # 23 Exhibit 32: DOC Medical Record (Clonazepam) 3/15/2023, 7:28 a.m., # 24 Exhibit 33: DOC Medical Record (Clonazepam) 3/15/2023, 6:07 p.m., # 25 Exhibit 34: DOC Medical Record (Clonazepam) 3/16/2023, 7:50 a.m., # 26 Exhibit 35: DOC Medical Record (Clonazepam) 3/16/2023, 6:39 p.m., # 27 Exhibit 36: DOC Medical Record (Clonazepam) 3/17/2023, 6:51 a.m., # 28 Exhibit 37: DOC Medical Record (Clonazepam) 3/17/2023, 5:50 p.m., # 29 Exhibit 38: DOC Medical Record (Clonazepam) 3/18/2023, 7:15 a.m., # 30 Exhibit 39: DOC Medical Record (Clonazepam) 3/18/2023, 6:34 p.m., # 31 Exhibit 40: DOC Medical Record (Clonazepam) 3/19/2023, 9:39 a.m., # 32 Exhibit 41: DOC Medical Record (Clonazepam) 3/19/2023, 6:05 p.m., # 33 Exhibit 42: DOC Medical Record (Clonazepam) 3/20/2023, 7:58 a.m., # 34 Exhibit 43: DOC Medical Record (Clonazepam) 3/20/2023, 7:11 p.m., # 35 Exhibit 44: DOC Medical Record (Aripiprazole) 3/7/2023, 7:42 a.m., # 36 Exhibit 45: DOC Medical Record (Aripiprazole) 3/8/2023, 6:57 a.m., # 37 Exhibit 46: DOC Medical Record (Aripiprazole) 3/9/2023, 6:52 a.m., # 38 Exhibit 47: DOC Medical Record (Aripiprazole) 3/10/2023, 7:56 a.m., # 39 Exhibit 48: DOC Medical Record (Aripiprazole) 3/11/2023, 8:24 a.m., # 40 Exhibit 49: DOC Medical Record (Aripiprazole) 3/12/2023, 6:43 a.m., # 41 Exhibit 50: DOC Medical Record (Aripiprazole) 3/13/2023, 7:34 a.m., # 42 Exhibit 51: DOC Medical Record (Aripiprazole) 3/14/2023, 7:40 a.m., # 43 Exhibit 52: DOC Medical Record (Aripiprazole) 3/15/2023, 7:28 a.m., # 44 Exhibit 53: DOC Medical Record (Aripiprazole) 3/16/2023, 7:50 a.m., # 45 Exhibit 54: DOC Medical Record (Aripiprazole) 3/17/2023, 6:51 a.m., # 46 Exhibit 55: DOC Medical Record (Aripiprazole) 3/18/2023, 7:15 a.m., # 47 Exhibit 56: DOC Medical Record (Aripiprazole) 3/19/2023, 9:39 a.m., # 48 Exhibit 57: DOC Medical Record (Aripiprazole) 3/20/2023, 7:58 a.m., # 49 Exhibit 58: DOC Medical Record (Lurasidone) 3/7/2023, 11:53 a.m., # 50 Exhibit 59: DOC Medical Record (Lurasidone) 3/7/2023, 6:33 p.m., # 51 Exhibit 60: DOC Medical Record (Lurasidone) 3/8/2023, 6:50 p.m., # 52 Exhibit 61: DOC Medical Record (Lurasidone) 3/9/2023, 5:49 p.m., # 53 Exhibit 62: DOC Medical Record (Lurasidone) 3/10/2023, 4:07 p.m., # 54 Exhibit 63: DOC Medical Record (Lurasidone) 3/11/2023, 7:39 p.m., # 55 Exhibit 64: DOC Medical Record (Lurasidone) 3/12/2023, 6:00 p.m., # 56 Exhibit 65: DOC Medical Record (Lurasidone) 3/13/2023, 6:47 p.m., # 57 Exhibit 66: DOC Medical Record (Lurasidone) 3/14/2023, 6:13 p.m., # 58 Exhibit 67: DOC Medical Record (Lurasidone) 3/15/2023, 6:07 p.m., # 59 Exhibit 68: DOC Medical Record (Lurasidone) 3/16/2023, 6:39 p.m., # 60 Exhibit 69: DOC Medical Record (Lurasidone) 3/17/2023, 5:50 p.m., # 61 Exhibit 70: DOC Medical Record (Lurasidone) 3/18/2023, 6:34 p.m., # 62 Exhibit 71: DOC Medical Record (Lurasidone) 3/19/2023, 6:05 p.m., # 63 Exhibit 72: DOC Medical Record (Lurasidone) 3/20/2023, 7:11 p.m., # 64 Exhibit 73: DOC Medical Record (Clonidine) 3/7/2023, 7:42 a.m., # 65 Exhibit 74: DOC Medical Record (Clonidine) 3/7/2023, 6:33 p.m., # 66 Exhibit 75: DOC Medical Record (Clonidine) 3/8/2023, 6:57 a.m., # 67 Exhibit 76: DOC Medical Record (Clonidine) 3/8/2023, 6:50 p.m., # 68 Exhibit 77: DOC Medical Record (Clonidine) 3/9/2023, 6:52 a.m., # 69 Exhibit 78: DOC Medical Record (Clonidine) 3/9/2023, 5:49 p.m., # 70 Exhibit 79: DOC Medical Record (Clonidine) 3/10/2023, 7:56 a.m., # 71 Exhibit 80: DOC Medical Record (Clonidine) 3/10/2023, 4:07 p.m., # 72 Exhibit 81: DOC Medical Record (Clonidine) 3/11/2023, 8:24 a.m., # 73 Exhibit 82: DOC Medical Record (Clonidine) 3/11/2023, 7:39 p.m., # 74 Exhibit 83: DOC Medical Record (Clonidine) 3/12/2023, 6:43 a.m., # 75 Exhibit 84: DOC Medical Record (Clonidine) 3/12/2023, 6:00 p.m., # 76 Exhibit 85: DOC Medical Record (Clonidine) 3/13/2023, 7:34 a.m., # 77 Exhibit 86: DOC Medical Record (Clonidine) 3/13/2023, 6:47 p.m., # 78 Exhibit 87: DOC Medical Record (Clonidine) 3/14/2023, 7:40 a.m., # 79 Exhibit 88: DOC Medical Record (Clonidine) 3/14/2023, 6:13 p.m., # 80 Exhibit 89: DOC Medical Record (Clonidine) 3/15/2023, 7:28 a.m., # 81 Exhibit 90: DOC Medical Record (Clonidine) 3/15/2023, 6:07 p.m., # 82 Exhibit 91: DOC Medical Record (Clonidine) 3/16/2023, 7:50 a.m., # 83 Exhibit 92: DOC Medical Record (Clonidine) 3/16/2023, 6:39 p.m., # 84 Exhibit 93: DOC Medical Record (Clonidine) 3/17/2023, 6:51 a.m., # 85 Exhibit 94: DOC Medical Record (Clonidine) 3/17/2023, 5:50 p.m., # 86 Exhibit 95: DOC Medical Record (Clonidine) 3/18/2023, 7:15 a.m., # 87 Exhibit 96: DOC Medical Record (Clonidine) 3/18/2023, 6:34 p.m., # 88 Exhibit 97: DOC Medical Record (Clonidine) 3/19/2023, 9:39 a.m., # 89 Exhibit 98: DOC Medical Record (Clonidine) 3/19/2023, 6:05 p.m., # 90 Exhibit 99: DOC Medical Record (Clonidine) 3/20/2023, 7:58 a.m., # 91 Exhibit 100: DOC Medical Record (Clonidine) 3/20/2023, 7:11 p.m., # 92 Exhibit 101: DOC Medical Record (Lithium 150mg) 3/7/2023, 6:33 p.m., # 93 Exhibit 102: DOC Medical Record (Lithium 300mg) 3/7/2023, 6:33 p.m., # 94 Exhibit 103: DOC Medical Record (Lithium 150mg) 3/8/2023, 6:50 p.m., # 95 Exhibit 104: DOC Medical Record (Lithium 300mg) 3/8/2023, 6:50 p.m., # 96 Exhibit 105: DOC Medical Record (Lithium 150mg) 3/9/2023, 5:49 p.m., # 97 Exhibit 106: DOC Medical Record (Lithium 300mg) 3/9/2023, 5:49 p.m., # 98 Exhibit 107: DOC Medical Record (Lithium 150mg) 3/10/2023, 4:07 p.m., # 99 Exhibit 108: DOC Medical Record (Lithium 300mg) 3/10/2023, 4:07 p.m., # 100 Exhibit 109: DOC Medical Record (Lithium 150mg) 3/11/2023, 7:39 p.m., # 101 Exhibit 110: DOC Medical Record (Lithium 300mg) 3/11/2023, 7:39 p.m., # 102 Exhibit 111: DOC Medical Record (Lithium 150mg) 3/12/2023, 6:00 p.m., # 103 Exhibit 112: DOC Medical Record (Lithium 300mg) 3/12/2023, 6:00 p.m., # 104 Exhibit 113: DOC Medical Record (Lithium 150mg) 3/13/2023, 6:47 p.m., # 105 Exhibit 114: DOC Medical Record (Lithium 300mg) 3/13/2023, 6:47 p.m., # 106 Exhibit 115: DOC Medical Record (Lithium 150mg) 3/14/2023, 6:13 p.m., # 107 Exhibit 116: DOC Medical Record (Lithium 300mg) 3/14/2023, 6:13 p.m., # 108 Exhibit 117: DOC Medical Record (Lithium 150mg) 3/15/2023, 6:07 p.m., # 109 Exhibit 118: DOC Medical Record (Lithium 300mg) 3/15/2023, 6:07 p.m., # 110 Exhibit 119: DOC Medical Record (Lithium 150mg) 3/16/2023, 6:39 p.m., # 111 Exhibit 120: DOC Medical Record (Lithium 300mg) 3/16/2023, 6:39 p.m., # 112 Exhibit 121: DOC Medical Record (Lithium 150mg) 3/17/2023, 5:50 p.m., # 113 Exhibit 122: DOC Medical Record (Lithium 300mg) 3/17/2023, 5:50 p.m., # 114 Exhibit 123: DOC Medical Record (Lithium 150mg) 3/18/2023, 6:34 p.m., # 115 Exhibit 124: DOC Medical Record (Lithium 300mg) 3/18/2023, 6:34 p.m., # 116 Exhibit 125: DOC Medical Record (Lithium 150mg) 3/19/2023, 6:05 p.m., # 117 Exhibit 126: DOC Medical Record (Lithium 300mg) 3/19/2023, 6:05 p.m., # 118 Exhibit 127: DOC Medical Record (Lithium 150mg) 3/20/2023, 7:11 p.m., # 119 Exhibit 128: DOC Medical Record (Lithium 300mg) 3/20/2023, 7:11 p.m., # 120 Exhibit 129: DOC Medical Record (Vitamin D3) 3/7/2023, 7:42 a.m., # 121 Exhibit 130: DOC Medical Record (Vitamin D3) 3/7/2023, 6:33 p.m., # 122 Exhibit 131: DOC Medical Record (Vitamin D3) 3/8/2023, 6:57 a.m., # 123 Exhibit 132: DOC Medical Record (Vitamin D3) 3/8/2023, 6:50 p.m., # 124 Exhibit 133: DOC Medical Record (Vitamin D3) 3/9/2023, 6:52 a.m., # 125 Exhibit 134: DOC Medical Record (Vitamin D3) 3/9/2023, 5:49 p.m., # 126 Exhibit 135: DOC Medical Record (Vitamin D3) 3/10/2023, 7:56 a.m., # 127 Exhibit 136: DOC Medical Record (Vitamin D3) 3/10/2023, 4:07 p.m., # 128 Exhibit 137: DOC Medical Record (Vitamin D3) 3/11/2023, 8:24 a.m., # 129 Exhibit 138: DOC Medical Record (Vitamin D3) 3/11/2023, 3:42 p.m., # 130 Exhibit 139: DOC Medical Record (Vitamin D3) Req: 3/12/2023, AM Shift, # 131 Exhibit 140: DOC Medical Record (Vitamin D3) Req: 3/12/2023, PM Shift, # 132 Exhibit 141: DOC Medical Record (Vitamin D3) Req: 3/13/2023, AM Shift, # 133 Exhibit 142: DOC Medical Record (Vitamin D3) Req: 3/13/2023, PM Shift, # 134 Exhibit 143: DOC Medical Record (Vitamin D3) Req: 3/14/2023, AM Shift, # 135 Exhibit 144: DOC Medical Record (Vitamin D3) Req: 3/14/2023, PM Shift, # 136 Exhibit 145: DOC Medical Record (Vitamin D3) Req: 3/15/2023, AM Shift, # 137 Exhibit 146: DOC Medical Record (Vitamin D3) Req: 3/15/2023, PM Shift, # 138 Exhibit 147: DOC Medical Record (Vitamin D3) Req: 3/16/2023, AM Shift, # 139 Exhibit 148: DOC Medical Record (Vitamin D3) Req: 3/16/2023, PM Shift, # 140 Exhibit 149: DOC Medical Record (Vitamin D3) Req: 3/17/2023, AM Shift, # 141 Exhibit 150: DOC Medical Record (Vitamin D3) Req: 3/17/2023, PM Shift, # 142 Exhibit 151: DOC Medical Record (Vitamin D3) Req: 3/18/2023, AM Shift, # 143 Exhibit 152: DOC Medical Record (Vitamin D3) Req: 3/18/2023, PM Shift, # 144 Exhibit 153: DOC Medical Record (Vitamin D3) Req: 3/19/2023, AM Shift, # 145 Exhibit 154: DOC Medical Record (Vitamin D3) Req: 3/19/2023, PM Shift, # 146 Exhibit 155: DOC Medical Record (Vitamin D3) Req: 3/20/2023, AM Shift, # 147 Exhibit 156: DOC Medical Record (Vitamin D3) Req: 3/20/2023, PM Shift, # 148 Exhibit 157: DOC Medical Record (Fluoxetine) 3/7/2023, 7:42 a.m., # 149 Exhibit 158: DOC Medical Record (Fluoxetine) 3/8/2023, 6:57 a.m., # 150 Exhibit 159: DOC Medical Record (Fluoxetine) 3/9/2023, 6:52 a.m., # 151 Exhibit 160: DOC Medical Record (Fluoxetine) 3/10/2023, 7:56 a.m., # 152 Exhibit 161: DOC Medical Record (Fluoxetine) 3/11/2023, 8:24 a.m., # 153 Exhibit 162: DOC Medical Record (Fluoxetine) 3/12/2023, 6:43 a.m., # 154 Exhibit 163: DOC Medical Record (Fluoxetine) 3/13/2023, 7:34 a.m., # 155 Exhibit 164: DOC Medical Record (Fluoxetine) 3/14/2023, 7:40 a.m., # 156 Exhibit 165: DOC Medical Record (Fluoxetine) 3/15/2023, 7:28 a.m., # 157 Exhibit 166: DOC Medical Record (Fluoxetine) 3/16/2023, 7:50 a.m., # 158 Exhibit 167: DOC Medical Record (Fluoxetine) 3/17/2023, 6:51 a.m., # 159 Exhibit 168: DOC Medical Record (Fluoxetine) 3/18/2023, 7:15 a.m., # 160 Exhibit 169: DOC Medical Record (Fluoxetine) 3/19/2023, 9:39 a.m., # 161 Exhibit 170: DOC Medical Record (Fluoxetine) 3/20/2023, 7:58 a.m., # 162 Exhibit 171: DOC Medical Record (DSS) 3/7/2023, 7:42 a.m., # 163 Exhibit 172: DOC Medical Record (DSS) 3/7/2023, 6:33 p.m., # 164 Exhibit 173: DOC Medical Record (DSS) 3/8/2023, 6:57 a.m., # 165 Exhibit 174: DOC Medical Record (DSS) 3/8/2023, 6:50 p.m., # 166 Exhibit 175: DOC Medical Record (DSS) 3/9/2023, 6:52 a.m., # 167 Exhibit 176: DOC Medical Record (DSS) 3/9/2023, 5:49 p.m., # 168 Exhibit 177: DOC Medical Record (DSS) 3/10/2023, 7:56 a.m., # 169 Exhibit 178: DOC Medical Record (DSS) 3/10/2023, 4:07 p.m., # 170 Exhibit 179: DOC Medical Record (DSS) 3/11/2023, 8:24 a.m., # 171 Exhibit 180: DOC Medical Record (DSS) 3/11/2023, 3:39 p.m., # 172 Exhibit 181: DOC Medical Record (DSS) Req: 3/12/2023, AM Shift, # 173 Exhibit 182: DOC Medical Record (DSS) Req: 3/12/2023, PM Shift, # 174 Exhibit 183: DOC Medical Record (DSS) Req: 3/13/2023, AM Shift, # 175 Exhibit 184: DOC Medical Record (DSS) Req: 3/13/2023, PM Shift, # 176 Exhibit 185: DOC Medical Record (DSS) Req: 3/14/2023, AM Shift, # 177 Exhibit 186: DOC Medical Record (DSS) Req: 3/14/2023, PM Shift, # 178 Exhibit 187: DOC Medical Record (DSS) Req: 3/15/2023, AM Shift, # 179 Exhibit 188: DOC Medical Record (DSS) Req: 3/15/2023, PM Shift, # 180 Exhibit 189: DOC Medical Record (DSS) Req: 3/16/2023, AM Shift, # 181 Exhibit 190: DOC Medical Record (DSS) Req: 3/16/2023, PM Shift, # 182 Exhibit 191: DOC Medical Record (DSS) Req: 3/17/2023, AM Shift, # 183 Exhibit 192: DOC Medical Record (DSS) Req: 3/17/2023, PM Shift, # 184 Exhibit 193: DOC Medical Record (DSS) Req: 3/18/2023, AM Shift, # 185 Exhibit 194: DOC Medical Record (DSS) Req: 3/18/2023, PM Shift, # 186 Exhibit 195: DOC Medical Record (DSS) Req: 3/19/2023, AM Shift, # 187 Exhibit 196: DOC Medical Record (DSS) Req: 3/19/2023, PM Shift, # 188 Exhibit 197: DOC Medical Record (DSS) Req: 3/20/2023, AM Shift, # 189 Exhibit 198: DOC Medical Record (DSS) Req: 3/20/2023, PM Shift, # 190 Exhibit 199: DOC Medical Record (DSS) Req: 3/21/2023, AM Shift, # 191 Exhibit 200: DOC Medical Record (DSS) Req: 3/21/2023, PM Shift, # 192 Exhibit 201: DOC Prescription Form (Vyvanse) start date 3/4/2023 end date 3/12/2023, # 193 Exhibit 202: Policy P-D-02, Medication Services, # 194 Exhibit 203: Correspondence dated 3/1/2023, # 195 Exhibit 204: Behavior Health Intake Assessment dated 3/8/2023, # 196 Exhibit 205: Psychiatric Intake Note dated 3/31/2023) (Geaghan, Frank) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
89

MOTION to Seal Exhibits by Brenda Hyde, Denny Kaemingk, Tanya Reiser. (Attachments: # 1 Proposed Sealed Exhibits) (ARW) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
90

RESPONSE to Motion re 89 MOTION to Seal Document filed by Jane Does 3 through 10, Jane Does 4 through 10. (Leach, James) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
91

MOTION for Leave to File Reply to Defendants' Supplemental Response to Motion to Hold Defendants in Civil Contempt and for Appropriate Remedies by Jane Does 3 through 10, Jane Does 4 through 10. (Attachments: # 1 Exhibit Proposed Brief, # 2 Proposed Order Proposed Order) (Leach, James) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
92

ORDER granting 85 Motion to Seal Document. Signed by U.S. District Judge Charles B. Kornmann on 4/21/2023. (ARW) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
93

MOTION Consent Motion to File Updated Version of Exhibit 10 re 89 MOTION to Seal Document by Brenda Hyde, Denny Kaemingk, Tanya Reiser. (Geaghan, Frank) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
94

ORDER granting 79 Motion for Leave to take expedited limited discovery. Signed by U.S. District Judge Charles B. Kornmann on 05/02/2023. (SAC) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
95

ORDER granting 91 Motion for Leave to File Reply to Defendants' Supplemental Response to Motion to Hold Defendants in Civil Contempt and for Appropriate Remedies. Signed by U.S. District Judge Charles B. Kornmann on 5/2/23. (SKK) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
96

REPLY to Supplemental Motion Response re 75 MOTION to Hold Defendants in Civil Contempt and for Appropriate Remedies filed by Jane Does 3 through 10, Jane Does 4 through 10. (SKK) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
97

ORDER granting 89 Motion to Seal Document. Signed by U.S. District Judge Charles B. Kornmann on 5/2/23. (SKK) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
98

ORDER GRANTING 93 MOTION TO FILE UPDATED VERSION OF EXHIBIT 10. Signed by U.S. District Judge Charles B. Kornmann on 05/27/2023. (ARW) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
99

MOTION to DISMISS Motion to Hold Defendants in Civil Contempt by Brenda Schurr by Jane Does 3 through 10, Jane Does 4 through 10, Jamie Lambertz-Brinkman, Mary Peterson. (Attachments: # 1 Proposed Order Proposed Order) (Leach, James) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 21, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who are now or who will be in the future incarcerated at the South Dakota Women's Prison and who are denied or delayed access to medication or medical treatment that has been prescribed by a treating medical doctor (M.D.), based on decisions made by persons who are not themselves medical doctors.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

South Dakota Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Classification / placement

Disability and Disability Rights:

Mental Illness, Unspecified

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general