Case: Wood v. Clemons

Wood v. Maine Correctional Center

U.S. Court of Appeals for the First Circuit

Wood v. Maine Correctional Center

U.S. Court of Appeals for the First Circuit

COMPLAINT filed; FILING FEE $ 120 RECEIPT # 30464; jury demand (bfa) (Entered: 08/19/1994)

CASE REFERRED to MAG. JUDGE EUGENE W. BEAULIEU (slh) (Entered: 08/22/1994)

SUMMONS(ES) issued for MCCSUPT, CORRCOMM (former employee) (Entered: 08/29/1994)

SCHEDULING ORDER setting Deadline for filing of all motions 12/9/94 ; Discovery cutoff 11/25/94 ; Ready for Trial Date 1/2/95 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (mlh) (Entered: 10/03/1994)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Amend Scheduling Order - Reason: to request jury trial (bld) (Entered: 10/14/1994)

Motion(s) referred: [4-1] motion to Amend Scheduling Order - Reason: to request jury trial referred to MAG. JUDGE EUGENE W. BEAULIEU (bld) (Entered: 10/14/1994)

ENDORSEMENT on Motion granting [4-1] motion to Amend Scheduling Order - Reason: to request jury trial, reset Discovery deadline to 12/25/94 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (jgw) (Entered: 10/19/1994)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Amend [1-1] complaint ; Response to Motion due 11/7/94 for CORRECTIONS, ME COMM, for MCC, SUPT (bld) (Entered: 10/21/1994)

RESPONSE by MCC, SUPT, CORRECTIONS, ME COMM to [4-1] motion to Amend Scheduling Order - Reason: to request jury trial (bld) (Entered: 10/26/1994)

MOTION by MCC, SUPT, CORRECTIONS, ME COMM to Amend Scheduling Order - Reason: extend expert desgn time (bld) (Entered: 10/26/1994)

ENDORSEMENT on Motion granting [6-1] motion to Amend Scheduling Order - Reason: extend expert desgn time ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 10/26/1994)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Certify Class ; Response to Motion due 11/18/94 for CORRECTIONS, ME COMM, for MCC, SUPT (bld) (Entered: 10/31/1994)

RESPONSE by MCC, SUPT, CORRECTIONS, ME COMM to [5-1] motion to Amend [1-1] complaint (bld) (Entered: 11/03/1994)

AMENDED COMPLAINT by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS amending [1-1] complaint; jury demand (bld) (Entered: 11/03/1994)

Motion(s) referred: [5-1] motion to Amend [1-1] complaint referred to MAG. JUDGE EUGENE W. BEAULIEU (bld) (Entered: 11/03/1994)

ENDORSEMENT on Motion granting [5-1] motion to Amend [1-1] complaint ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 11/03/1994)

ON TRIAL LIST for 1/3/95 ; Final Pre-Trial Memorandum due 11/29/94 for CORRECTIONS, ME COMM, for MCC, SUPT, for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD ; Final Pre-Trial Conference set for 3:00 12/8/94 before MAG. JUDGE DAVID M. COHEN ; cc: cnsl (smd) (Entered: 11/15/1994)

RESPONSE by MCC, SUPT, CORRECTIONS, ME COMM to [7-1] motion to Certify Class (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Scott Jones (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Richard McKeen (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Jeffrey Merrill (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Jerry C. Hutchinson (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Raymond Felt (jgw) (Entered: 11/18/1994)

AFFIDAVIT of Arthur Kiskila (jgw) (Entered: 11/18/1994)

AFFIDAVIT of James Clemons (jgw) (Entered: 11/18/1994)

MOTION by MCC, SUPT, CORRECTIONS, ME COMM to Continue Trial and Final Pretrial Conference (bld) (Entered: 11/22/1994)

Motion(s) referred: [7-1] motion to Certify Class referred to MAG. JUDGE EUGENE W. BEAULIEU (jgw) (Entered: 11/18/1994)

ENDORSEMENT on Motion granting [19-1] motion to Continue Trial and Final Pretrial Conference, terminated deadlines for final pretrial conference, memos and trial list date matters to be rescheduled in one month before Magistrate Beaulieu ( signed by MAG. JUDGE WILLIAM S. BROWNELL ) cc: cnsl (bld) (Entered: 11/22/1994)

Remember to check with EWB re: scheduling of fpt conf. on 12/28/94 (bld) (Entered: 11/22/1994)

REPLY by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to response to [7-1] motion to Certify Class (bld) (Entered: 11/29/1994)

MOTION by MCC, SUPT, CORRECTIONS, ME COMM to Amend Scheduling Order - Reason: extend mtn filing deadline (bld) (Entered: 12/12/1994)

DESIGNATION of Expert Witnesses by MCC, SUPT, CORRECTIONS, ME COMM (bld) (Entered: 12/13/1994)

ENDORSEMENT on Motion granting [21-1] motion to Amend Scheduling Order - Reason: extend mtn filing deadline, reset Motion Filing deadline to 12/16/94 ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 12/13/1994)

AFFIDAVIT of Donald Allen (bld) (Entered: 12/15/1994)

AFFIDAVIT of James Clemons (bld) (Entered: 12/15/1994)

ORDER granting [0-0] motion to Extend Time to respond to motion for summary judgment, granting [0-0] motion to Stay, Response to Motion reset to 1/13/95 for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD for [22-1] motion for Summary Judgment ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 12/20/1994)

ORAL MOTION during telephone conference by MCC, SUPT, CORRECTIONS, ME COMM to Stay (bld) (Entered: 12/20/1994)

ORAL MOTION during telephone conference by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Extend Time to respond to motion for summary judgment (bld) (Entered: 12/20/1994)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Extend Time to Respond to Summary Judgment Motion (jgw) Modified on 01/18/1995 (Entered: 01/18/1995)

Motion(s) referred: [26-1] motion to Extend Time to Respond to Summary Judgment Motion referred to MAG. JUDGE EUGENE W. BEAULIEU (jgw) (Entered: 01/18/1995)

ENDORSEMENT on Motion granting [26-1] motion to Extend Time to Respond to Summary Judgment Motion, Response to Motion reset to 1/20/95 for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD for [22-1] motion for Summary Judgment ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (former employee) (Entered: 01/18/1995)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to Extend Time to file opposition to motion for summary judgment (former employee) (Entered: 01/23/1995)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS for Leave to File memo in excess of page limits (former employee) (Entered: 01/23/1995)

AFFIDAVIT of Rufus E. Brown (former employee) (Entered: 01/23/1995)

AFFIDAVIT of Sharon Wood (former employee) (Entered: 01/23/1995)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS for Leave to File second amended complaint ; Response to Motion due 2/9/95 for CORRECTIONS, ME COMM, for MCC, SUPT (former employee) (Entered: 01/23/1995)

DEPOSITION Transcript of Charles E. Baker filed by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS (former employee) (Entered: 01/23/1995)

DESIGNATION of Expert Witnesses by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS (former employee) (Entered: 01/23/1995)

DEPOSITION Transcript of Peter A. Herring filed by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS (former employee) (Entered: 01/23/1995)

DEPOSITION Transcript of Steve L. Butts filed by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS (former employee) (Entered: 01/23/1995)

DEPOSITION Transcript of James R. Clemons filed by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS (former employee) (Entered: 01/23/1995)

ENDORSEMENT on Motion granting [27-1] motion to Extend Time to file opposition to motion for summary judgment, Response to Motion reset to 1/23/95 for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD for [22-1] motion for Summary Judgment ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 01/23/1995)

RESPONSE by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to [22-1] motion for Summary Judgment (bld) (Entered: 01/25/1995)

ENDORSEMENT on Motion granting [28-1] motion for Leave to File memo in excess of page limits ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (bld) (Entered: 01/25/1995)

Motion(s) referred: [22-1] motion for Summary Judgment referred to MAG. JUDGE EUGENE W. BEAULIEU (bld) (Entered: 01/25/1995)

MOTION by MCC, SUPT, CORRECTIONS, ME COMM to Seal (bld) (Entered: 01/27/1995)

DEPOSITION Transcript of Michelle Hatch filed by MCC, SUPT, CORRECTIONS, ME COMM (bld) (Entered: 01/27/1995)

DEPOSITION Transcript of Phillip Thamert filed by MCC, SUPT, CORRECTIONS, ME COMM (bld) (Entered: 01/27/1995)

DEPOSITION Transcript of Katrina Thamert filed by MCC, SUPT, CORRECTIONS, ME COMM (bld) (Entered: 01/27/1995)

Motion(s) referred: [33-1] motion to Seal referred to MAG. JUDGE EUGENE W. BEAULIEU (bld) (Entered: 01/31/1995)

AFFIDAVIT of Diane Sleek (jgw) (Entered: 02/09/1995)

REPLY by MCC, SUPT, CORRECTIONS, ME COMM to response to [22-1] motion for Summary Judgment (jgw) (Entered: 02/09/1995)

ENDORSEMENT on Motion granting without objection [33-1] motion to Seal ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (jgw) (Entered: 02/09/1995)

Motion(s) referred: [31-1] motion for Leave to File second amended complaint referred to MAG. JUDGE EUGENE W. BEAULIEU (jgw) (Entered: 02/09/1995)

REPORT OF HEARING AND ORDER RE: Discovery Dispute ( signed by MAG. JUDGE EUGENE W. BEAULIEU ) (former employee) (Entered: 02/22/1995)

MOTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS for Witness Protection ; Response to Motion due 3/13/95 for CORRECTIONS, ME COMM, for MCC, SUPT (bld) (Entered: 02/23/1995)

AFFIDAVIT of Rufus Brown (bld) (Entered: 02/23/1995)

RESPONSE by MCC, SUPT, CORRECTIONS, ME COMM to [38-1] motion for Witness Protection ; Reply to Response due 3/20/95 for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD (jgw) (Entered: 03/10/1995)

AFFIDAVIT of Diane Sleek (jgw) (Entered: 03/10/1995)

Motion(s) referred: [38-1] motion for Witness Protection referred to MAG. JUDGE EUGENE W. BEAULIEU (jgw) (Entered: 03/22/1995)

Deadline updated; Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 5/22/95 (jgw) (Entered: 04/24/1995)

Deadline updated; Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 7/24/95 (jgw) (Entered: 05/23/1995)

MOTION by MCC, SUPT, CORRECTIONS, ME COMM for Reconsideration of [37-1] order staying disciplinary proceeding ; Response to Motion due 8/10/95 for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD (former employee) (Entered: 07/24/1995)

Deadline updated; Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 9/1/95 (jgw) (Entered: 07/31/1995)

Motion(s) referred: [42-1] motion for Reconsideration of [37-1] order staying disciplinary proceeding referred to MAG. JUDGE EUGENE W. BEAULIEU (former employee) (Entered: 08/14/1995)

Deadline updated; Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 10/2/95 (jgw) (Entered: 09/05/1995)

REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [22-1] motion for Summary Judgment - recommending granting motion ; Motion no longer referred Objections to R and R due by 10/19/95 for CORRECTIONS, ME COMM, for MCC, SUPT, for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD ; Terminating MAG. JUDGE EUGENE W. BEAULIEU cc:cnsl (jgw) (Entered: 09/29/1995)

REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [7-1] motion to Certify Class - recommending motion be denied ; Motion no longer referred Objections to R and R due by 10/19/95 for CORRECTIONS, ME COMM, for MCC, SUPT, for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD ; cc:cnsl (jgw) (Entered: 09/29/1995)

REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [31-1] motion for Leave to File second amended complaint - recommending motion be denied ; Motion no longer referred Objections to R and R due by 10/19/95 for CORRECTIONS, ME COMM, for MCC, SUPT, for MARY FOSS, for JOHN FOSS, for KATRINA THAMERT, for PHILLIP THAMERT, for SHARON WOOD ; cc:cnsl (jgw) (Entered: 09/29/1995)

ENDORSEMENT on Motion granting [42-1] motion for Reconsideration of [37-1] order staying disciplinary proceeding, thereby denying [38-1] motion for Witness Protection signed by MAG. JUDGE EUGENE W. BEAULIEU ) cc: cnsl (seal user) (Entered: 10/19/1995)

Deadline updated; miscellaneous Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 10/19/95 (former employee) (Entered: 10/02/1995)

OBJECTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to [44-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [7-1] motion to Certify Class - recommending motion be denied ; Response to Objections to RR due 10/30/95 for CORRECTIONS, ME COMM, for MCC, SUPT ; (jgw) (Entered: 10/13/1995)

OBJECTION by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS to [43-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [22-1] motion for Summary Judgment - recommending granting motion ; Response to Objections to RR due 11/6/95 for CORRECTIONS, ME COMM, for MCC, SUPT ; (jgw) (Entered: 10/23/1995)

Deadline updated; miscellaneous Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 11/6/95 (former employee) (Entered: 10/20/1995)

RESPONSE by MCC, SUPT, CORRECTIONS, ME COMM to Objections to [45-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [31-1] motion for Leave to File second amended complaint - recommending motion be denied, [44-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [7-1] motion to Certify Class - recommending motion be denied, [43-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [22-1] motion for Summary Judgment - recommending granting motion (former employee) (Entered: 10/30/1995)

Motion(s) taken under advisement: [45-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [31-1] motion for Leave to File second amended complaint - recommending motion be denied under advisement, [44-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [7-1] motion to Certify Class - recommending motion be denied under advisement, [43-1] motion REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [22-1] motion for Summary Judgment - recommending granting motion under advisement, [31-1] motion for Leave to File second amended complaint under advisement, [22-1] motion for Summary Judgment under advisement, [7-1] motion to Certify Class under advisement (former employee) (Entered: 10/30/1995)

Deadline updated; miscellaneous Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 11/17/95 (former employee) (Entered: 11/07/1995)

Deadline updated; miscellaneous Remember to see if recommended decision on s/j mtn issued then reset ready for trial deadline on 12/15/95 (former employee) (Entered: 11/20/1995)

ORDER Affirming Recommended Decision of Magistrate terminating [45-1] REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [31-1] motion for Leave to File second amended complaint - recommending motion be denied, terminating [44-1] REPORT AND of MAG. JUDGE EUGENE W. BEAULIEU Re: [7-1] motion to Certify Class - recommending motion be denied, terminating [43-1] REPORT AND RECOMMENDATIONS of MAG. JUDGE EUGENE W. BEAULIEU Re: [22-1] motion for Summary Judgment recommending granting motion, denying [31-1] motion for Leave to File second amended complaint, granting [22-1] motion for Summary Judgment, denying [7-1] motion to Class ( signed by JUDGE D. B. HORNBY ) cc: cnsl (former employee) (Entered: 12/08/1995)

JUDGMENT for MCC, SUPT, CORRECTIONS, ME COMM against SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS signed by William S. Brownell, Clerk. cc: cnsl (former employee) (Entered: 12/08/1995)

Case closed; Purge Appeal deadline set for 1/8/96 (former employee) (Entered: 12/08/1995)

NOTICE OF APPEAL of final judgment by SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS FILING FEE $ 105.00 RECEIPT # 32823 (Reporter: none) (former employee) (Entered: 01/08/1996)

COPIES of Notice of Appeal sent to counsel. Parties: SHARON WOOD, PHILLIP THAMERT, KATRINA THAMERT, JOHN FOSS, MARY FOSS, MCC, SUPT, CORRECTIONS, ME COMM (former employee) (Entered: 01/08/1996)

CERTIFICATE of Clerk (Form 83) Org docs #: 1-51 (bfa) (Entered: 01/10/1996)

USCA Case Number Re: [51-1] appeal by MARY FOSS, JOHN FOSS, KATRINA THAMERT, PHILLIP THAMERT, SHARON WOOD USCA NUMBER: 96-1078 (bfa) (Entered: 01/29/1996)

OPINION of USCA (certified copy) re: [51-1] appeal District Court Affirmed No costs (former employee) (Entered: 07/30/1996)

MANDATE/JUDGMENT OF USCA (certified copy) Re: [51-1] appeal by MARY FOSS, JOHN FOSS, KATRINA THAMERT, PHILLIP THAMERT, SHARON WOOD - usdc affirmed (former employee) (Entered: 08/15/1996)

Record on appeal returned from U.S. Court of Appeals: [51-1] appeal by MARY FOSS, JOHN FOSS, KATRINA THAMERT, PHILLIP THAMERT, SHARON WOOD (former employee) (Entered: 08/15/1996)

DEPOSITIONS Returned to plaintiff (bfa) (Entered: 08/19/1996)

CASE FILE SENT TO FEDERAL RECORDS CENTER (ARCHIVES) Accession No.: 021-98-0045 Box No.: 15 of 24 Location: A156599 Disposal Date: 2019 (bfa) (Entered: 07/22/1998)