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Case: Aref v. Holder

1:10-cv-00539 | U.S. District Court for the District of Columbia

Filed Date: April 1, 2010

Closed Date: 2022

Clearinghouse coding complete

Case Summary

On April 1, 2010, five current and former prisoners in the custody of the Bureau of Prisons (BOP) who were transferred to experimental "Communications Management Units" (CMUs), and two spouses of those prisoners, filed suit under the Administrative Procedure Act (APA) against the U.S. Attorney General and the BOP in the U.S. District Court for the District of Columbia. The plaintiffs were represented by the Center for Constitutional Rights as well as attorneys from Weil, Gotshal & Manges LLP, a…

On April 1, 2010, five current and former prisoners in the custody of the Bureau of Prisons (BOP) who were transferred to experimental "Communications Management Units" (CMUs), and two spouses of those prisoners, filed suit under the Administrative Procedure Act (APA) against the U.S. Attorney General and the BOP in the U.S. District Court for the District of Columbia. The plaintiffs were represented by the Center for Constitutional Rights as well as attorneys from Weil, Gotshal & Manges LLP, and asked the court for declaratory relief and injunctive relief either compelling the BOP to return them to the general population of an appropriate BOP facility or enjoining the BOP from operating the CMU in a way that violated the plaintiffs' rights. Specifically, the plaintiffs claimed that placement in the CMU was discriminatory and imposed atypical and significant curtailments on their ability to communicate with loved ones. That, they said, violated the First, Fifth, and Eighth Amendments. They also alleged that the BOP had failed to provide an opportunity for notice and comment on a dramatic change in policy that contradicted existing regulations, violating the APA.

In 2006 and 2007, the BOP secretly created two experimental prison units designed to isolate certain prisoners from the rest of the BOP and the outside world, called "Communication Management Units." The CMUs, unlike other federal general population units, categorically banned any physical contact with visiting friends and family and placed severe restrictions on CMU prisoners' access to phone calls and prison programming. More than two thirds of the prisoners confined in the CMUs were Muslim, over-representing the BOP Muslim population by roughly 1,000%.

On March 30, 2011, U.S. District Court Judge Ricardo M. Urbina denied in part and granted in part the defendants' motion to dismiss, allowing the plaintiffs to proceed on their procedural due process and retaliation claims. 774 F. Supp. 2d 147. The case then went into discovery for several years. During discovery, on April 4, 2012, the case was reassigned to Judge Richard Roberts. Then, on November 5, 2012, the case was again reassigned to Judge Barbara J. Rothstein.

On July 12, 2013, Judge Rothstein dismissed one plaintiff's claims as moot, as the plaintiff had been released from BOP custody, and dismissed the other plaintiffs' claims for mental and emotional injury against one defendant in his individual capacity, as the Prison Litigation Reform Act barred such claims. The remaining claims (procedural due process violation for both plaintiffs, and retaliation for one plaintiff) continued in discovery. 953 F. Supp. 2d 133.

On April 23, 2014, the plaintiffs filed a motion for summary judgment on their remaining claims, and on May 21, defendants filed their own motion for summary judgment. The next year, on March 16, 2015, Judge Rothstein denied the plaintiffs' motion and granted the defendants' motion for summary judgment, dismissing the two remaining plaintiffs' procedural due process claims and one plaintiff's retaliation claim. Judge Rothstein reasoned that the plaintiffs' procedural due process claims failed because they could not establish a "private liberty interest" as required by Mathews v. Eldridge, 424 U.S. 319, 335 (1976). A plaintiff, Judge Rothstein explained, can establish a liberty interest by showing that restrictions impose "atypical and significant hardship . . . in relation to the ordinary incidents of prison life." The baseline for "ordinary incidents of prison life" is administrative segregation (solitary confinement) or "the most restrictive confinement conditions that prison officials . . . routinely impose." Here, Judge Rothstein found that the conditions of administrative segregation at the facilities were generally harsher than those in the CMUs, noting, "except where communication is concerned, CMUs function like a general population unit." Judge Rothstein further granted summary judgment to the defendant on one plaintiff's retaliation claim, deferring to the judgment of the prison administrators that the plaintiff's transfer in response to speech had a "valid, rational connection" to a legitimate government interest. Prison officials had described the plaintiff's speech as "inciting and radicalizing the Muslim inmate population," and Judge Rothstein deferred to their judgment, holding that the plaintiff's speech was not protected by the First Amendment. 2015 WL 3749621.

The plaintiffs appealed and filed their opening appellate brief on October 28, 2015 in the U.S. Court of Appeals for the D.C. Circuit. On August 19, 2016, the U.S. Court of Appeals affirmed the District Court in part and reversed and remanded in part. 833 F.3d 242. The Court of Appeals affirmed the grant of summary judgment for the government regarding the retaliation claim, agreeing that the plaintiff could not show his First Amendment rights were violated. The Court also upheld the District Court's earlier summary judgment dismissing the claims of mental and emotional injury. Unlike the District Court, it found the plaintiffs alleged harms qualifying for compensation under the PLRA but upheld the grant of summary judgment because the prison official was entitled to qualified immunity.

On October 12, 2016, the Court of Appeals reversed on the "liberty interest" claim; it found the duration and atypicality of CMU designation sufficient to give rise to a liberty interest. On this claim, the case was remanded for further proceedings to determine whether the appellants were afforded sufficient process.

The parties returned to discovery and litigation. In a joint status report filed on May 10, 2018, the defendants stipulated that given one plaintiff's release from prison and new CMU procedures, supplemental briefing addressing the court's jurisdiction and the merits of the case would be necessary. In the time before the briefing, though, the second plaintiff was released from prison custody in February 2019.

On April 12, 2019, the defendants moved to dismiss for lack of jurisdiction because the plaintiffs' claims were moot. In early November 2019, the court first granted defendants' motion to dismiss in part and subsequently denied the motion to intervene. In the court's opinion granting the motion to dismiss, the court concluded that even though one plaintiff had since been removed from BOP custody, ongoing consequences from the continued existence of the CMU-related documents continued to affect the plaintiff. As to the second plaintiff, the defendant indicated that the plaintiff had since been deported following release from BOP custody. As a result, the court held that the second plaintiff's claim was moot.

Between June 2019 and January 2020, four other CMU prisoners filed pro se motions to intervene in the case. Judge Rothstein denied these motions in a June 25, 2020 opinion. 2020 WL 7974325.

In an October 13, 2020 opinion, Judge Rothstein granted the defendants' motion for summary judgment against the remaining plaintiff and denied the plaintiff's cross motion. She found that the process by which the plaintiff had been placed in the CMU, as well as the BOP's periodic reviews of his designation, did not violate his due process rights. 2020 WL 7251386.

The plaintiff filed appealed Judge Rothstein's order to the D.C. Circuit on December 9, 2020. After hearing oral argument in October of 2021, a panel consisting of Circuit Judges Robert L. Wilkins, Neomi Rao, and A. Raymond Randolph vacated the lower court opinion and remanded the case with instructions that it be dismissed as moot. 2022 WL 605726. Disagreeing with Judge Rothstein, it found that the remaining plaintiff's claims were mooted by his release from prison. The case is now closed.

the appellate court 

 

The appeal remains pending in the D.C. Circuit under docket number 20-5368 as of April 11, 2021.

Summary Authors

Xin Chen (4/10/2011)

Kevin Nomura (4/6/2015)

Kelly Ehrenreich (11/2/2016)

Richa Bijlani (12/1/2019)

Jonah Hudson-Erdman (4/11/2021)

Jonah Hudson-Erdman (4/7/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4210885/parties/aref-v-holder/


Judge(s)

Brown, Janice Rogers (District of Columbia)

Robinson, Deborah A. (District of Columbia)

Rothstein, Barbara Jacobs (Washington)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Agathocleous, Alexis (New York)

Castellani, Annie (New York)

Citron, Eileen Hren (District of Columbia)

Desai, Kavita (New York)

Kadidal, Shayana (New York)

Kreuscher, Kenneth A. (Oregon)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Robinson, Deborah A. (District of Columbia)

Rothstein, Barbara Jacobs (Washington)

Urbina, Ricardo M. (District of Columbia)

Attorneys(s) for Plaintiff

Agathocleous, Alexis (New York)

Castellani, Annie (New York)

Citron, Eileen Hren (District of Columbia)

Desai, Kavita (New York)

Kadidal, Shayana (New York)

Kreuscher, Kenneth A. (Oregon)

Lewis, Robyn (New York)

Meeropol, Rachel (New York)

Silbert, Gregory (New York)

Spektor, Andrey (New York)

Swinton, Nathan Michael (District of Columbia)

Veblen, Lara (New York)

Young, Chauniqua Danielle (New York)

Attorneys(s) for Defendant

Braswell, Marina Utgoff (District of Columbia)

Cartier, Nicholas P. (District of Columbia)

Johnson, Timothy Andrew (District of Columbia)

Documents in the Clearinghouse

Document

1:10-cv-00539

Docket [PACER]

Dec. 9, 2020

Dec. 9, 2020

Docket
5

1:10-cv-00539

Complaint

March 29, 2010

March 29, 2010

Complaint

1:10-cv-00539

Press Release

No Court

March 30, 2010

March 30, 2010

Press Release
19

1:10-cv-00539

Defendant's Motion to Dismiss Complaint

July 21, 2010

July 21, 2010

Pleading / Motion / Brief
23

1:10-cv-00539

Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss

Sept. 8, 2010

Sept. 8, 2010

Pleading / Motion / Brief
29

1:10-cv-00539

Defendants' Supplemental Motion to Dismiss on Mootness Grounds

Nov. 9, 2010

Nov. 9, 2010

Pleading / Motion / Brief
30

1:10-cv-00539

Plaintiffs' Memorandum in Opposition to Defendants' Supplemental Motion to Dismiss

Nov. 23, 2010

Nov. 23, 2010

Pleading / Motion / Brief
37

1:10-cv-00539

Memorandum Opinion

March 30, 2011

March 30, 2011

Order/Opinion
101

1:10-cv-00539

Order Denying Defendant's Motion for Summary Judgment as to Plaintiff McGowan's 2008 Retaliation Claim

Feb. 19, 2013

Feb. 19, 2013

Order/Opinion
110

1:10-cv-00539

Order Dismissing Case

May 2, 2013

May 2, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210885/aref-v-holder/

Last updated Nov. 28, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to File under seal by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (jf, ) (Entered: 04/05/2010)

April 1, 2010

April 1, 2010

RECAP
2

ORDER granting 1 MOTION to File under seal. Signed by Chief Judge Royce C. Lamberth on April 1, 2010. (See order for full detail) (jf, ) (Entered: 04/05/2010)

April 1, 2010

April 1, 2010

RECAP
3

SEALED MOTION filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (This document is SEALED and only available to authorized persons.)(zjf, ) (Entered: 04/05/2010)

April 1, 2010

April 1, 2010

PACER
4

SEALED ORDER re 3 SEALED MOTION filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (This document is SEALED and only available to authorized persons.)Signed by Chief Judge Royce C. Lamberth on April 01, 2010.(zjf, ) (Entered: 04/05/2010)

April 1, 2010

April 1, 2010

PACER
5

COMPLAINT against D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, ERIC HOLDER, HARLEY LAPPIN ( Filing fee $ 350, receipt number 4616028740) filed by JENNY SYNAN, AVON TWITTY, ROYAL JONES, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, YASSIN MUHIDDIN AREF, DANIEL MCGOWAN. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Additional attachment(s) added on 4/5/2010: # 2 Exhibit A - F) (dr). Modified on 4/5/2010 to add exhibits (dr). (Entered: 04/05/2010)

1 Civil Cover Sheet

View on PACER

2 Exhibit A - F

View on PACER

April 1, 2010

April 1, 2010

RECAP
6

NOTICE OF RELATED CASE by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. Case related to Case No. USDC for the SD of Indiana - 00025. (jf, ) (Entered: 04/05/2010)

April 1, 2010

April 1, 2010

PACER

SUMMONS (5) Issued as to D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, ERIC HOLDER, HARLEY LAPPIN and U.S. Attorney.(jf, )

April 1, 2010

April 1, 2010

PACER
9

MOTION to Intervene by WILLIAM OSCAR HARRIS, REX RUSSELL DEAN LANDERS, RALPH WILLIAM TAYLOR, DANIEL JOHN RILEY (rdj) (Entered: 04/20/2010)

April 19, 2010

April 19, 2010

PACER
7

NOTICE of Appearance by Marina Utgoff Braswell on behalf of D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, ERIC HOLDER, HARLEY LAPPIN (Braswell, Marina) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General April 6, 2010., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to D. SCOTT DODRILL served on 4/6/2010, answer due 6/7/2010; FEDERAL BUREAU OF PRISONS served on 4/6/2010, answer due 6/7/2010; ERIC HOLDER served on 4/6/2010, answer due 6/7/2010; HARLEY LAPPIN served on 4/6/2010, answer due 6/7/2010., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. D. SCOTT DODRILL served on 4/6/2010, answer due 6/7/2010; FEDERAL BUREAU OF PRISONS served on 4/6/2010, answer due 6/7/2010; ERIC HOLDER served on 4/6/2010, answer due 6/7/2010; HARLEY LAPPIN served on 4/6/2010, answer due 6/7/2010 (Attachments: # 1 Affidavit of Service on Eric Holder, # 2 Affidavit of Service on Harley Lappin, # 3 Affidavit of Service on D. Scott Dodrill, # 4 Affidavit of Service on Federal Bureau of Prisons, # 5 Affidavit of Service on United States Attorney)(Kadidal, Shayana) (Entered: 04/20/2010)

April 20, 2010

April 20, 2010

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Meeropol, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Floor, NY NY 10012. Phone No. - (212) 614-6432. Fax No. - (212) 614-6499 by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Kadidal, Shayana) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexis Agathocleous, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Floor, NY NY 10012. Phone No. - (212) 614-6478. Fax No. - (212) 614-6499 by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Kadidal, Shayana) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER

MINUTE ORDER granting 10 11 Motions for Leave to Appear Pro Hac Vice. Upon consideration of the motions for pro hac vice admission of Rachel Meeropol and Alexis Agathocleous, it is hereby ORDERED that the motions are GRANTED. SO ORDERED. Signed by Judge Ricardo M. Urbina on 04/23/2010. (EN, )

April 26, 2010

April 26, 2010

PACER
12

RESPONSE re 9 MOTION to Intervene filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (Meeropol, Rachel) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
13

NOTICE OF WITHDRAWAL OF APPEARANCE as to D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, ERIC HOLDER, HARLEY LAPPIN. Attorney Marina Utgoff Braswell terminated. (Braswell, Marina) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
14

NOTICE of Appearance by Nicholas P. Cartier on behalf of D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, ERIC HOLDER, HARLEY LAPPIN (Cartier, Nicholas) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
15

Joint MOTION for Extension of Time to Respond to Plaintiffs' Complaint and For Entry of A Briefing Schedule by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
16

REPLY in support of 9 MOTION to Intervene filed by WILLIAM OSCAR HARRIS, REX RUSSELL DEAN LANDERS, DANIEL JOHN RILEY, RALPH WILLIAM TAYLOR. "Leave to file granted as a reply in support of the motion to intervene" by Judge Ricardo M. Urbina (jf) (Entered: 06/02/2010)

June 1, 2010

June 1, 2010

PACER

MINUTE ORDER granting 15 motion for extension of time. Upon consideration of the joint motion to extend the time for the defendants to respond to the plaintiffs' complaint, it is hereby ORDERED that the motion is GRANTED, and that the defendants shall respond to the plaintiffs' complaint no later than July 14, 2010. In the event the defendants file a motion to dismiss in lieu of an answer, the plaintiffs' opposition is due on or before August 25, 2010, and the defendants' reply is due on or before September 15, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 06/02/2010. (EN, ) Modified event title on 6/3/2010 (znmw, ).

June 2, 2010

June 2, 2010

PACER

Set/Reset Deadlines: Defendants' Answer to the Complaint due by 7/14/2010. Plaintiffs' Opposition to Dispositive Motion due by 8/25/2010. Defendants' Reply to Opposition to Dispositive Motion due by 9/15/2010. (tg, )

June 2, 2010

June 2, 2010

PACER
17

Unopposed MOTION for Extension of Time to File Answer Or Motion to Dismiss by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER

MINUTE ORDER granting 17 motion for extension of time. Upon consideration of the defendants' second unopposed motion for an extension of time to respond to the plaintiffs' complaint, it is hereby ORDERED that the motion is GRANTED, and that the defendants shall respond to the plaintiffs' complaint no later than July 21, 2010. In the event the defendants file a motion to dismiss in lieu of an answer, the plaintiffs' opposition is due on or before September 8, 2010, and the defendants' reply is due on or before September 29, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 07/02/2010. (EN, )

July 2, 2010

July 2, 2010

PACER

Set/Reset Deadlines: Defendants' Answer to the Complaint due no later than 7/21/2010. Plaintiffs' Opposition to Dispositive Motions due by 9/8/2010. Defendants' Reply to Oppositions to Dispositive Motions due by 9/29/2010. (tg, )

July 2, 2010

July 2, 2010

PACER

Leave to File Denied by Judge Urbina. Judicial Notice filed non-party Oscaro El Hari. (jf, )

July 8, 2010

July 8, 2010

PACER
18

ENTERED IN ERROR.....RULE 26a1 STATEMENT by WILLIAM OSCAR HARRIS. (jf, ) Modified on 8/2/2010 to include filer and enter in error (dr). (Entered: 07/20/2010)

July 19, 2010

July 19, 2010

PACER
20

ENTERED IN ERROR.....RULE 26a1 STATEMENT by WILLIAM OSCAR HARRIS. (jf, ) Modified on 7/30/2010 to include filer and enter in error (dr). (Entered: 07/30/2010)

July 19, 2010

July 19, 2010

PACER
19

MOTION to Dismiss Complaint by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 07/21/2010)

1 Text of Proposed Order

View on PACER

July 21, 2010

July 21, 2010

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 18 Rule 26a1 Statement, and re 20 Rule 26a1 Statement were entered in error because they were filed prematurely. The Motion to intervene is still pending. Intervenors cannot file documents with the court until Motion to intervene has been granted. (dr) Modified on 8/2/2010 to add additional link (dr).

July 30, 2010

July 30, 2010

PACER
21

MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion to Dismiss by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Agathocleous, Alexis) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
22

ENTERED IN ERROR.....MOTION for Order to compel service by DANIEL JOHN RILEY (td, ) Modified on 9/9/2010 (td, ). (Entered: 09/08/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER

MINUTE ORDER granting 21 motion for leave to file excess pages. Upon consideration of the plaintiffs' motion for leave to file an opposition in excess of 45 pages, it is hereby ORDERED that the motion is GRANTED and the plaintiffs' opposition shall not exceed 70 pages. Furthermore, counsel is reminded that compliance with both the Federal Rules of Civil Procedure, this court's standing order and the Local Rules is mandatory, including Local Civil Rule 7(c). Signed by Judge Ricardo M. Urbina on 09/07/2010. (EN, )

Sept. 7, 2010

Sept. 7, 2010

PACER

NOTICE OF CORRECTED DOCKET ENTRY: 22 was entered in error and returned to movant Daniel John Riley. Motion has been terminated because document no. 9 motion to intervene is currently pending.(td, ) Modified on 9/9/2010 (td, ).

Sept. 7, 2010

Sept. 7, 2010

PACER
23

Memorandum in opposition to re 19 MOTION to Dismiss Complaint filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (Attachments: # 1 Proposed Order)(Meeropol, Rachel) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
24

MOTION for Extension of Time to File Response/Reply by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
25

NOTICE Of Pending Motion For Extension Of Time To File Defendants' Reply Brief by ERIC HOLDER (Cartier, Nicholas) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER

MINUTE ORDER granting 24 motion for extension of time to file response/reply. Upon consideration of the defendants' motion to extend the time to file their reply brief, it is hereby ORDERED that the defendants' motion is GRANTED, and that the defendants shall file their reply no later than October 15, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 09/28/10. (EN, )

Sept. 28, 2010

Sept. 28, 2010

PACER

Set/Reset Deadlines: Defendants' Reply due by 10/15/2010. (tg, )

Sept. 29, 2010

Sept. 29, 2010

PACER
26

Unopposed MOTION for Leave to File Excess Pages for Reply Brief by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
27

REPLY to opposition to motion re 19 MOTION to Dismiss Complaint filed by ERIC HOLDER. (Cartier, Nicholas) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
28

Joint MOTION for Order For Briefing Schedule On Question of Mootness and Joint Notice of Change In Certain Plaintiffs' Confinement Status by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER

MINUTE ORDER granting 26 motion for leave to file excess pages. Upon consideration of the defendants' unopposed motion to extend the page limit for their reply brief, it is hereby ORDERED that the motion is GRANTED and that defendants' reply brief shall not exceed forty pages. SO ORDERED. Signed by Judge Ricardo M. Urbina on 11/02/10 nunc pro tunc 10/15/10. (EN, )

Nov. 2, 2010

Nov. 2, 2010

PACER

MINUTE ORDER granting 28 motion for briefing schedule. Upon consideration of the parties' joint motion to set a briefing schedule on the defendants' supplemental motion to dismiss, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the defendants' shall file their supplemental motion to dismiss on or before November 9, 2010, the plaintiffs' shall file their opposition on or before November 23 2010, and the defendants' shall file their reply on or before December 3, 2010. SO ORDERED. Signed by Judge Ricardo M. Urbina on 11/02/10. (EN, )

Nov. 2, 2010

Nov. 2, 2010

PACER

Set/Reset Deadlines: Defendants' Supplemental Motion to Dismiss due by 11/9/2010. Plaintiffs' Opposition due by 11/23/2010. Defendants' Reply to the Opposition due by 12/3/2010. (tg, )

Nov. 2, 2010

Nov. 2, 2010

PACER
29

Supplemental MOTION to Dismiss on Mootness Grounds by ERIC HOLDER (Attachments: # 1 Exhibit Milt Neuman Declaration, # 2 Exhibit Cory Shepherd Declaration, # 3 Text of Proposed Order)(Cartier, Nicholas) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
30

Memorandum in opposition to re 29 Supplemental MOTION to Dismiss on Mootness Grounds filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Agathocleous, Alexis) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
31

REPLY to opposition to motion re 29 Supplemental MOTION to Dismiss on Mootness Grounds filed by ERIC HOLDER. (Cartier, Nicholas) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER

Leave to File Denied by Judge Ricardo M. Urbina. Duty to disclose stipulation in lieu of discovery by Oscar El Hari, Bey. (jf, )

Feb. 3, 2011

Feb. 3, 2011

PACER

Leave to File Denied by Judge Ricardo M. Urbina. Affidavit in support of the order confirming intervention by Oscar El Hari, Bey. (jf, )

Feb. 3, 2011

Feb. 3, 2011

PACER
32

ENTERED IN ERROR.....NOTICE of one Plaintiff's change in status by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Meeropol, Rachel) Modified on 2/8/2011 (znmw, ). (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
33

NOTICE Regarding Change in Status of One Plaintiff by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Agathocleous, Alexis) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

PACER

NOTICE OF ERROR re 32 Notice (Other); emailed to rachelm@ccrjustice.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Entered in error; Incorrect format; please refile in accordance with Local Rule 5.1. (znmw, )

Feb. 8, 2011

Feb. 8, 2011

PACER
34

NOTICE re 29 Motion to Dismiss Regarding Daniel McGowan's Redesignation To A Communications Management Unit by ERIC HOLDER, D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN (Attachments: # 1 Declaration)(Cartier, Nicholas) Modified to add link and filers on 2/28/2011 (znmw, ). (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
35

NOTICE re 34 in Response to Defendants' February 25, 2011 Notice and Application for a Conference with the Court by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Agathocleous, Alexis) Modified to add link on 3/7/2011 (znmw, ). (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

PACER
36

ORDER granting in part and denying in part 19 the defendants' motion to dismiss; granting 29 the defendants' supplemental motion for partial dismissal; denying 9 the motion to intervene. Signed by Judge Ricardo M. Urbina on 03/30/11. (EN, ) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
37

MEMORANDUM OPINION granting in part and denying in part 19 the defendants' motion to dismiss; granting 29 the defendants' supplemental motion for partial dismissal; denying 9 the motion to intervene. Signed by Judge Ricardo M. Urbina on 03/30/11. (EN, ) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

RECAP
38

MOTION for Extension of Time to File Answer by ERIC HOLDER, D. SCOTT DODRILL, FEDERAL BUREAU OF PRISONS, HARLEY LAPPIN. (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) Modified to add filers on 4/8/2011 (znmw, ). (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER

MINUTE ORDER granting 38 motion for extension of time to answer. Upon consideration of the defendants' motion to extend the time to respond to the plaintiffs' complaint, it is hereby ORDERED that the defendants' motion is GRANTED, and that the defendants shall respond to the complaint no later than May 13, 2011. SO ORDERED. Signed by Judge Ricardo M. Urbina on 04/08/11. (EN, )

April 8, 2011

April 8, 2011

PACER

NOTICE OF ERROR re 38 Motion for Extension of Time to File Answer; emailed to nicholas.cartier@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded to select all parties represented in the motion/document in future. (znmw, )

April 8, 2011

April 8, 2011

PACER

Set/Reset Deadlines: Answer to the complaint due by 5/13/2011. (tg, )

April 8, 2011

April 8, 2011

PACER
39

NOTICE Regarding Yassin Aref's Transfer to General Population by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Agathocleous, Alexis) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
40

Unopposed MOTION for Extension of Time to File Answer re 5 Complaint, by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

PACER
41

ANSWER to 5 Complaint, by ERIC HOLDER, THOMAS R. KANE, CHARLES E. SAMUELS, JR., FEDERAL BUREAU OF PRISONS.(Cartier, Nicholas) Modified to add filers on 5/19/2011 (znmw, ). (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

PACER
42

STANDING ORDER signed by Judge Ricardo M. Urbina on 5/19/2011. Read the Standing Order carefully, it will govern this case. Failure to follow the Standing Order will result in sanctions. (tg, ) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER

MINUTE ORDER granting 40 the defendants' unopposed motion for an extension of time to file an answer. SO ORDERED. Nunc pro tunc to 05/18/2011. Signed by Judge Ricardo M. Urbina on 05/19/2011. (EN, )

May 19, 2011

May 19, 2011

PACER

NOTICE OF ERROR re 41 Answer to Complaint; emailed to nicholas.cartier@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please select all filers/defendants in future. (znmw, )

May 19, 2011

May 19, 2011

PACER
43

Unopposed MOTION for Order Setting Initial Status Conference by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN (Attachments: # 1 Proposed Order)(Meeropol, Rachel) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

PACER
44

NOTICE of Appearance by Nathan Michael Swinton on behalf of All Defendants (Swinton, Nathan) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER

MINUTE ORDER granting 43 motion for order. Upon consideration of the record in this case and the plaintiff's unopposed motion for a scheduling conference, it is hereby ORDERED that the motion is GRANTED and an initial scheduling conference is scheduled for August 15, 2011 at 2:00 p.m. SO ORDERED. Signed by Judge Ricardo M. Urbina on 06/24/11. (EN, )

June 24, 2011

June 24, 2011

PACER

Set/Reset Hearings: Initial Status Hearing scheduled for 8/15/2011 at 2:00 PM in Courtroom 30, Annex Building, Sixth Floor, before Judge Ricardo M. Urbina. (tg, )

June 24, 2011

June 24, 2011

PACER
45

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order, # 2 Text of Proposed Order DOJ Proposed Order)(Meeropol, Rachel) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER

Minute Entry for proceedings held before Judge Ricardo M. Urbina: Initial Status Hearing held on 8/15/2011. Scheduling Order forthcoming. (Court Reporter Bryan Wayne) (tg, )

Aug. 15, 2011

Aug. 15, 2011

PACER
46

SCHEDULING ORDER signed by Judge Ricardo M. Urbina on 8/16/2011. Summary judgment motion (10 pages) with respect to whether plaintiff Daniel McGowan failed to exhaust his administrative remedies due by 9/9/2011; opposition (10 pages) to motion for summary judgment due by 9/28/2011; reply (5 pages) to opposition to Motion for Summary Judgment due by 10/7/2011. Rule 26 (a) Initial disclosures due 8/29/2011. Initial discovery requests due 9/9/2011. Motions to amend pleadings or join parties due 9/15/2011; Oppositions to motions to amend pleadings or join parties due 9/30/2011; replies to oppositions to motions to amend pleadings or join parties due 10/7/2011. Discovery responses due 11/8/2011. Proponent's Rule 26(a)(2)(B) statement due by 6/15/2012; opponent's Rule 26(a)(2)(B) Rule statement due by 7/15/2012. Completion of fact discovery due by 7/30/2012; expert discovery due by 10/31/2012. Request for admissions due by 7/30/2012. Dispositive motions due by 12/31/2012; oppositions to dispositive motions due by 2/15/2013; replies to oppositions to dispositive motions due by 3/2/2013. An Interim Status Hearing is scheduled for 11/8/2012 at 11:30 AM in Courtroom 30, Annex Building, Sixth Floor, before Judge Ricardo M. Urbina. (tg, ) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

PACER
47

MOTION for Summary Judgment regarding Daniel McGowan's retaliation claim for failure to exhaust administrative remedies by ERIC HOLDER, FEDERAL BUREAU OF PRISONS, THOMAS R. KANE, CHARLES E. SAMUELS, JR. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2)(Cartier, Nicholas) Modified to add filers on 9/12/2011 (znmw, ). (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
48

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory Silbert, :Firm- Weil, Gotshal & Manges, LLP, :Address- 767 Fifth Avenue, New York, NY 10153. Phone No. - (212) 310-8846. Fax No. - (212) 310-8007 by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Kadidal, Shayana) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kavita Christina Desai, :Firm- Weil, Gotshal & Manges, LLP, :Address- 767 Fifth Avenue, New York, NY 10153. Phone No. - (212) 310-8587. Fax No. - (212) 310-8007 by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Kadidal, Shayana) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
50

Memorandum in opposition to re 47 MOTION for Summary Judgment regarding Daniel McGowan's retaliation claim for failure to exhaust administrative remedies filed by ALL PLAINTIFFS. (Attachments: # 1 Statement of Facts in Dispute, # 2 Exhibit, # 3 Text of Proposed Order)(Agathocleous, Alexis) Modified filers on 9/29/2011 (znmw, ). (Entered: 09/28/2011)

1

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2

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3

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Sept. 28, 2011

Sept. 28, 2011

RECAP

NOTICE OF ERROR re 50 Memorandum in Opposition; emailed to aagathocleous@ccrjustice.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Select all filers/plaintiffs in future. (znmw, )

Sept. 29, 2011

Sept. 29, 2011

PACER
51

REPLY to opposition to motion re 47 MOTION for Summary Judgment regarding Daniel McGowan's retaliation claim for failure to exhaust administrative remedies filed by ERIC HOLDER, FEDERAL BUREAU OF PRISONS, THOMAS R. KANE, CHARLES E. SAMUELS, JR. (Cartier, Nicholas) Modified to add filers on 10/11/2011 (znmw, ). (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER

NOTICE OF ERROR re 51 Reply to opposition to Motion; emailed to nicholas.cartier@usdoj.gov, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Select all filers/defendants in future (znmw, ) Modified text on 10/11/2011 (znmw, ).

Oct. 11, 2011

Oct. 11, 2011

PACER
52

MOTION to Withdraw as Attorney and to File Supporting Declaration Under Seal by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Meeropol, Rachel). Added MOTION to Seal Document on 10/21/2011 (znmw, ). (Entered: 10/20/2011)

1

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2

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Oct. 20, 2011

Oct. 20, 2011

RECAP
53

NOTICE of Filing Under Seal by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY re 52 MOTION to Withdraw as Attorney and to File Supporting Declaration Under Seal (Meeropol, Rachel) (Additional attachment(s) added on 10/24/2011: # 1 Declaration (Sealed), # 2 Exhibit to the Declaration (Sealed) various pages are illegible) (jf, ). (Entered: 10/20/2011)

1

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2

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Oct. 20, 2011

Oct. 20, 2011

PACER
54

REPLY re 52 MOTION to Withdraw as Attorney and to File Supporting Declaration Under Seal MOTION to Seal Document filed by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, DANIEL MCGOWAN, JENNY SYNAN. (Agathocleous, Alexis) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

RECAP
55

TRANSCRIPT OF PROCEEDINGS before Judge Ricardo M. Urbina held on 8/15/11; Page Numbers: 1 - 19. Date of Issuance:11/7/11. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 11/29/2011. Redacted Transcript Deadline set for 12/9/2011. Release of Transcript Restriction set for 2/6/2012.(Wayne, Bryan) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
56

NOTICE of Filing Under Seal by ROYAL JONES. "Let this be filed" signed by Judge Ricardo M. Urbina on 11/07/2011 (jf, ) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
57

MOTION to Appoint Counsel, MOTION petitioner concerns by ROYAL JONES. (FILED UNDER SEAL) "Let this be filed" signed by Judge Ricardo M. Urbina on 11/07/2011 (jf, ) (jf, ). (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
58

Joint MOTION for Protective Order by ERIC HOLDER (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
59

Unopposed MOTION Assign Magistrate Judge for Discovery Matters by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, DANIEL MCGOWAN, JENNY SYNAN (Attachments: # 1 Text of Proposed Order)(Meeropol, Rachel) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
60

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice ; granting 49 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Ricardo M. Urbina on 1/26/2012. (tg, ) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
61

ORDER granting motion to file under seal the Agathocleous Declaration related to 52 MOTION to Withdraw as Attorney and to File Supporting Declaration Under Seal. Signed by Judge Ricardo M. Urbina on 1/26/2012. (tg, ) (NOTE: Sealed declaration filed under docket number 53 ). Modified to add linkage on 1/26/2012 (tg, ). (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

RECAP
62

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Ricardo M. Urbina on 1/26/2012. (tg, ) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

RECAP

Case randomly reassigned to Judge Richard W. Roberts. Judge Ricardo M. Urbina no longer assigned to the case. (gt, )

April 20, 2012

April 20, 2012

PACER
63

STATUS REPORT Joint Status Update by FEDERAL BUREAU OF PRISONS. (Cartier, Nicholas) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

RECAP
64

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrey Spektor, :Firm- Weil, Gotshal & Manges LLP, :Address- 767 Fifth Ave., New York, NY 10153. Phone No. - (212) 310-8950. Fax No. - (212) 310-8007 by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Kadidal, Shayana) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
65

MOTION to Compel Defendants To Remove Redactions, Produce Documents, and to File an Exhibit to a Supporting Declaration Under Seal by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY (Attachments: # 1 Memorandum in Support, # 2 Notice of Filing Under Seal, # 3 Declaration, # 4 Certificate of Service, # 5 Text of Proposed Order)(Agathocleous, Alexis). Added MOTION to Seal Document on 6/4/2012 (znmw, ). (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
66

NOTICE of Filing Documents Under Seal, by YASSIN MUHIDDIN AREF, HEDAYA JAYYOUSI, KIFAH JAYYOUSI, ROYAL JONES, DANIEL MCGOWAN, JENNY SYNAN, AVON TWITTY re 65 MOTION to Compel Defendants To Remove Redactions, Produce Documents, and to File an Exhibit to a Supporting Declaration Under Seal (dr) (Entered: 06/04/2012)

June 1, 2012

June 1, 2012

PACER
67

SEALED Exhibit, re 66 Notice (Other), filed by DANIEL MCGOWAN, AVON TWITTY, HEDAYA JAYYOUSI, ROYAL JONES, YASSIN MUHIDDIN AREF, KIFAH JAYYOUSI, JENNY SYNAN. (This document is SEALED and only available to authorized persons.)(zdr) (Entered: 06/04/2012)

June 1, 2012

June 1, 2012

PACER
68

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Compel by FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Cartier, Nicholas) . (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
69

Memorandum in opposition to re 65 MOTION to Compel Defendants To Remove Redactions, Produce Documents, and to File an Exhibit to a Supporting Declaration Under Seal MOTION to Seal Document filed by FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Exhibit Smith Declaration, # 2 Exhibit Clancy Declaration, # 3 Exhibit Swinton Declaration, # 4 Text of Proposed Order)(Cartier, Nicholas) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER

MINUTE ORDER: It is hereby ORDERED that that plaintiffs' unopposed motion 59 to refer all discovery disputes to a magistrate judge be, and hereby is, GRANTED. Signed by Judge Richard W. Roberts on 7/3/12. (lcrwr2)

July 3, 2012

July 3, 2012

PACER

MINUTE ORDER: It is hereby ORDERED that the defendants' unopposed motion 68 for an extension of time in which to respond to the plaintiffs' motion to compel be, and hereby is, GRANTED as unopposed nunc pro tunc. Signed by Judge Richard W. Roberts on 7/3/12. (lcrwr2)

July 3, 2012

July 3, 2012

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: April 1, 2010

Closing Date: 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners and their families challenging policies and conditions at two experimental prison units that are being operated in Terre Haute, Indiana, and Marion, Illinois, as well as the circumstances under which they were established.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Phone

Racial segregation

Solitary confinement/Supermax (conditions or process)

Terrorism/Post 9-11 issues

Visiting

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

Affected Gender:

Male

Type of Facility:

Government-run