Case: Kelly v. Corrections Corporation of America

1:11-cv-00185 | U.S. District Court for the District of Idaho

Filed Date: April 27, 2011

Closed Date: May 23, 2016

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Case Summary

This case sprang from Riggs v. Rodriguez (docket #: 1:09-cv-00010-EJL), which Riggs filed pro se seeking compensatory and punitive damages for the Correction Corporation of America's (CCA) alleged failure to prevent his assault and provide adequate medical treatment. Lawyers from the American Civil Liberties Union (ACLU) agreed to take his case and filed an amended complaint that added a class action lawsuit seeking only injunctive relief with several new named plaintiffs. After a series of disputes about whether the class action and Riggs' case should proceed together, the plaintiffs in the class action lawsuit moved to sever their case from the monetary claims. The court granted their motion on April 27, 2011 and allowed the plaintiffs to file an amended complaint that same day which serves as the basis for this lawsuit. This case was assigned to Judge Edward J. Lodge and referred to Judge David O. Carter for settlement negotiations.

Eight inmates at Idaho Correctional Center (ICC) brought this class action in the U.S. District Court for the District of Idaho on behalf of all those who were or would be imprisoned at ICC. Claiming their 8th and 14th Amendment rights to be protected against assault from other prisoners had been violated in pursuit of profit, the plaintiffs sued under 42 U.S.C. § 1983. Specifically, the plaintiffs alleged that CCA created a substantial and unnecessary risk of assault and failed to protect inmates against assault because of the following practices: running the prison near or above full capacity, hiring inadequate numbers of staff to supervise and protect inmates, employing poor training, failing to investigate and provide a report for each incident, threatening to and intentionally placing inmates near particularly violent/predatory individuals (often to force an inmate to be an informant), ignoring inmates' requests to be moved, failing to discipline or refer for prosecution prisoners who assaulted other inmates, failing to investigate and discipline staff whose actions caused or contributed to assaults, and concealing institutional problems with violence by issuing disciplinary citations to victims of assault, and refusing to take x-rays or perform other medical tests that would reveal the extent of inmates' injuries.

The parties came to a settlement agreement on September 16, 2011. The agreement was filed with the court and entered on September 20, 2011 along with a voluntary dismissal of all claims with prejudice. The agreement provided for a variety of reporting, investigating, training, and staffing requirements. Several of the provisions required CCA to meet the terms of its contract and follow Idaho Department of Corrections (IDOC) Standard Operating Procedures, though some provisions required CCA to exceed them. The terms also required CCA to make housing assignments based on all relevant safety considerations, to place inmates who claimed to be at risk of assault into appropriate housing, and refer all cases that appeared to be serious enough to qualify as aggravated battery to the county sheriff. Attorneys' fees and costs were confidential under the agreement, which was to last for 2 years. The court retained jurisdiction under the agreement as a last resort to resolve disputes.

Between December 2012 and January 2013, CCA and IDOC received reports that staffing records at ICC had been falsified during the post-settlement period. IDOC initiated an audit of ICC’s staffing records and CCA hired an investigator. On April 11, 2013, IDOC issued a press release, stating that CCA’s employees had falsified staffing records to represent that correctional officers were staffing mandatory security posts when those posts had in fact been vacant for a total of nearly 4,800 hours during a seven-month period in 2012. That same day, CCA issued its own press release stating there were “some inaccuracies” in its staffing records.

On February 21, 2013, the parties amended the stipulation. The court adopted the amendment on March 1, 2013. The amendment provided for the appointment of an independent investigator and shifted reviewing duties to the investigator. The amendment also required the investigator to examine at least 30% of the monthly reports and report on whether they were complete or deficient.

In June 2013, the plaintiffs moved in the district court for an order to show cause as to why CCA should not be held in contempt for violating the court’s dismissal order. The district court referred the motion to Judge Carter, sitting by special designation in the District of Idaho. CCA opposed the motion, partly on the ground that the district court did not have jurisdiction to enforce the settlement agreement. The district court held it had jurisdiction to enforce the settlement agreement and issued the requested order.

On September 16, 2013, Judge Carter held the defendants in contempt for violating the settlement agreement and extended the settlement by two years. 979 F. Supp. 2d 1104. The defendants appealed.

On February 20, 2014, the court approved the plaintiffs' motion for attorneys’ fees. 7 F. Supp. 3d 1069. The plaintiffs were awarded $349,018.52 in fees and costs. The defendants appealed this ruling as well.

On May 23, 2016, the Court of Appeals for the Ninth Circuit affirmed both the contempt finding and the attorneys’ fees in a unanimous opinion by Judge William Fletcher (joined by Judges Fisher and Wilken). 822 F.3d 1085. The court reasoned that the contempt finding was warranted because CCA did not take all reasonable steps to comply with the order, as is required by well-established law, and because the contempt finding was civil in nature, and therefore did not require procedural safeguards applicable in criminal proceedings. The court deemed the extension of the settlement agreement within the district court’s power. The court further concluded that the attorneys’ fees award did not violate the PLRA.

The defendants petitioned for a rehearing en banc. On July 7, 2016, the Court of Appeals denied the petition.

On August 25, 2016, the appellee’s motion for attorneys’ fees was referred to Appellate Commissioner Peter L. Shaw. Appellants did not dispute appellee’s eligibility for fees, but did dispute the reasonableness of the requested hours and fees amount. On August 29, the motion for fees was referred to the Circuit Mediator. On October 24, 2016, the court issued an order stating that the parties informed the court that they had resolved the motion for attorneys’ fees. The order did not contain information about the fees amount.

This case is now closed.

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Summary Authors

Kenneth Gray (7/10/2013)

Katherine Reineck (2/14/2016)

Julie Singer (3/6/2017)

Hannah Greenhouse (3/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4903012/parties/kelly-v-wengler/

Judge(s)

Carter, David O. (California)

Attorney for Plaintiff

Bojanowski, Timothy J (Arizona)

Cooper, Lea C. (Idaho)

Attorney for Defendant

Burger, Gary Harold (Arizona)

Expert/Monitor/Master/Other

Brown, Charles A. (Idaho)

Judge(s)

Carter, David O. (California)

Fletcher, William A. (California)

Lodge, Edward J. (Idaho)

Attorney for Plaintiff

Bojanowski, Timothy J (Arizona)

Cooper, Lea C. (Idaho)

Eppink, Richard Allen (Idaho)

Huegli, James D (Idaho)

Naylor, Kirtlan G. (Idaho)

Pevar, Stephen L. (Connecticut)

Stoll, James R. (Idaho)

Struck, Daniel Patrick (Arizona)

Attorney for Defendant

Burger, Gary Harold (Arizona)

Popolizio, Joseph John (Arizona)

Wahlin, Lisa S. (Arizona)

Zoellner, Tara B. (Arizona)

Expert/Monitor/Master/Other

Brown, Charles A. (Idaho)

Shulz, David A. (New York)

Zansberg, Steven David (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00185	Docket [PACER] Kelly v. Wengler	Oct. 24, 2016	Oct. 24, 2016 Docket
143-2 1:11-cv-00185	Amended Class Action Complaint for Injunctive and Declaratory Relief Kelly v. Wengler	Feb. 21, 2011	Feb. 21, 2011 Complaint
2 1:09-cv-00010	Memorandum Order Riggs v. Valdez	April 27, 2011	April 27, 2011 Order/Opinion
25 1:11-cv-00185	Stipulation for Dismissal (with Consent Decree) Kelly v. Timothy Wengler and Corrections Corporation of America, Inc.	Sept. 20, 2011	Sept. 20, 2011 Settlement Agreement
26 1:11-cv-00185	Order for Dismissal Kelly v. Wengler	Sept. 20, 2011	Sept. 20, 2011 Order/Opinion
56 1:11-cv-00185	Memorandum Decision and Order Kelly v. Wengler	July 12, 2013	July 12, 2013 Order/Opinion 979 F.Supp.2d 1237
76 1:11-cv-00185	Memorandum and Order Kelly v. Wengler	Sept. 16, 2013	Sept. 16, 2013 Order/Opinion 979 F.Supp.2d 1104
129 1:11-cv-00185	Order Granting Attorney Fees Kelly v. Wengler	Feb. 20, 2014	Feb. 20, 2014 Order/Opinion 7 F.Supp.3d 1069
1:11-cv-00185 13-35972 14-35199	Opinion Kelly v. Wengler U.S. Court of Appeals for the Ninth Circuit	May 23, 2016	May 23, 2016 Order/Opinion 822 F.3d 1085

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4903012/kelly-v-wengler/

Last updated July 5, 2025, 1:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	AMENDED CLASS ACTION COMPLAINT TO DECLARATORY AND INJUNCTIVE RELIEF against Corrections Corporation of America, Inc, Timothy Wengler, filed by Prisoner A, Michael Miera, Andrew Ibarra, Randy Enzminger, Joshua Kelly, Ray Barrios, Prisoner F, Jose Pina.(dks)	April 27, 2011	April 27, 2011 PACER
2	MEMORANDUM ORDER (Docketed in CV 09-10-S-EJL and also ordered to place in new CV 11-185-S-EJL). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	April 27, 2011	April 27, 2011 RECAP
3	NOTICE by Corrections Corporation of America, Inc, Timothy Wengler of Filing Redacted Exhibit C to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, and Related Errata (Attachments: # 1 Affidavit of Melodee Armfield (redacted), # 2 Exhibit to Melodee Armfield Affidavit (Part I of IV Parts), # 3 Exhibit Melodee Armfield Affidavit (Part II of IV Parts), # 4 Exhibit Melodee Armfield Affidavit (Part III of IV Parts), # 5 Exhibit Melodee Armfield Affidavit (Part IV of IV Parts))(Zoellner, Tara)	May 4, 2011	May 4, 2011 PACER
4	AMENDED DOCUMENT by Corrections Corporation of America, Inc, Timothy Wengler. Notice of Filing Redacted Exhibit C to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction and Partial Summary Judgment, and Related Errata. (Attachments: # 1 Exhibit Notice of Errata, # 2 Affidavit of Melodee Armfield (Redacted), # 3 Exhibit to Melodee Armfield Affidavit (Part I of IV Parts), # 4 Exhibit to Melodee Armfield Affidavit (Part II of IV Parts), # 5 Exhibit to Melodee Armfield Affidavit (Part IIII of IV Parts), # 6 Exhibit to Melodee Armfield Affidavit (Part IV of IV Parts))(Struck, Daniel)	May 4, 2011	May 4, 2011 PACER
5	MOTION to Dismiss Plaintiffs Miera and "Inmate F" Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 6/9/2011 (Struck, Daniel)	May 16, 2011	May 16, 2011 PACER
6	MEMORANDUM in Support re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Corrections Corporation of America, Inc, Timothy Wengler. (Attachments: # 1 Exhibit Affidavit of Chester Penn with Attachment A)(Struck, Daniel)	May 16, 2011	May 16, 2011 PACER
7	ANSWER to 1 Complaint, Complaint Plaintiffs' Amended Class Action Complaint for Declaratory and Injunctive Relief by Corrections Corporation of America, Inc, Timothy Wengler.(Struck, Daniel)	May 16, 2011	May 16, 2011 PACER
8	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F, Timothy Wengler re 7 Answer to Complaint, 1 Complaint, Consent/Objection to Magistrate due by 7/21/2011. (jm)	May 18, 2011	May 18, 2011 PACER
9	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Corrections Corporation of America, Inc, Timothy Wengler. (Struck, Daniel)	May 18, 2011	May 18, 2011 PACER
10	RESPONSE to Motion re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A. Replies due by 6/10/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Pevar, Stephen)	May 24, 2011	May 24, 2011 PACER
11	SCHEDULING ORDER-Amended Pleadings due by 6/15/2011. Discovery due by 1/15/2012. Joinder of Parties due by 6/15/2011. Motions due by 2/13/2012.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	May 24, 2011	May 24, 2011 PACER
12	MOTION to Certify Class Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2011 (Pevar, Stephen)	June 10, 2011	June 10, 2011 PACER
13	MEMORANDUM in Support re 12 MOTION to Certify Class filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Errata)(Pevar, Stephen)	June 10, 2011	June 10, 2011 PACER
14	Sealed Document Re: 13 Memorandum in Support of Motion, Memorandum in Support of Motion. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pevar, Stephen)	June 10, 2011	June 10, 2011 PACER
15	REPLY to Response to Motion re 5 MOTION to Dismiss Plaintiffs Miera and "Inmate F" filed by Corrections Corporation of America, Inc, Timothy Wengler. (Attachments: # 1 Exhibit)(Zoellner, Tara)	June 10, 2011	June 10, 2011 PACER
16	DOCKET ENTRY ORDER - IT IS HEREBY ORDERED THAT this matter shall be referred to The Honorable David O. Carter, United States District Judge for the Central District of California, for the purpose of conducting a settlement conference. Local Rule 16.4. A telephone status conference shall be held with counsel and Judge Carter on Thursday, June 23, 2011 at 3:30 p.m. (Mountain time), which is 2:30 p.m. (Pacific time) to discuss potential dates for the settlement conference in this case, and also in Riggs v. Rodriguez (CV-09-10-S-EJL). The parties shall use the following call-in information: Phone Number (816) 650-0725, with the Prompt Code as 5443366. Counsel may contact Susie Headlee, the ADR Director, at (208) 334-9067 if they have questions. Signed by Judge Edward J. Lodge. (sbh)	June 13, 2011	June 13, 2011 PACER
	Set/Reset Hearings: Telephonic Scheduling Conference set for 6/23/2011 03:30 PM in Other before Judge David O. Carter. (dks)	June 13, 2011	June 13, 2011 PACER
17	NOTICE of Change of Address by Daniel Patrick Struck (Struck, Daniel)	June 16, 2011	June 16, 2011 PACER
18	MOTION to Withdraw as Attorney (Joseph J. Popolizio) Tara B Zoellner appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 7/22/2011 (Zoellner, Tara)	June 28, 2011	June 28, 2011 PACER
19	MOTION to Stay Class Certification Briefing Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 7/29/2011 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Stay Class Certification Briefing (Dkt. #19), # 2 Exhibit A through D)(Struck, Daniel)	July 5, 2011	July 5, 2011 PACER
20	ORDER granting 18 Motion to Withdraw as Attorney. Attorney Joseph J Popolizio terminated for dfts, Corrections Corporation of America and Wengler. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	July 6, 2011	July 6, 2011 PACER
21	ORDER SETTING SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE QUESTIONNAIRE, ( Settlement Conference set for 9/13/2011 through 9/15/2011 08:30 AM in Boise - Courtroom 1 before Judge David O. Carter.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) (Entered: 07/14/2011)	July 13, 2011	July 13, 2011 PACER
22	STIPULATION re 19 MOTION to Stay Class Certification Briefing by Corrections Corporation of America, Inc, Timothy Wengler. (Zoellner, Tara)	July 18, 2011	July 18, 2011 PACER
23	ORDER adopting 22 Stipulation filed by Timothy Wengler, Corrections Corporation of America, Inc; Defendants response to Plaintiffs Motion for Class Certification is due no later than 60 days from the date the Court rules on Defendants Motion to Dismiss, Finding as moot: 19 MOTION to Stay Class Certification Briefing filed by Timothy Wengler, Corrections Corporation of America, Inc.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	July 19, 2011	July 19, 2011 PACER
	The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. (cjm)	July 22, 2011	July 22, 2011 PACER
24	ORDER to Transport ; IDOC to take appropriate measures to transport Andrew Ibarra, Joshua Kelly and Michael Miera to Courtroom #1, 6th Floor, 550 W Fort St., Boise, ID on 9/13/11 - 9/15/11 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	Sept. 2, 2011	Sept. 2, 2011 PACER
27	Minute Entry for proceedings held before Judge David O. Carter: Settlement Conference held on 9/15/2011, Sealed Document. (so) (Main Document 27 replaced on 3/25/2014 to correct case number) (so). (Entered: 09/21/2011)	Sept. 15, 2011	Sept. 15, 2011 PACER
25	STIPULATION of Dismissal w/Exhibit A by Corrections Corporation of America, Inc, Timothy Wengler. (Naylor, Kirtlan)	Sept. 20, 2011	Sept. 20, 2011 PACER
26	ORDER granting 25 Stipulation of Dismissal with prejudice filed by Timothy Wengler, Corrections Corporation of America, Inc. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)	Sept. 20, 2011	Sept. 20, 2011 PACER
28	MINUTE ORDER. (sealed) Signed by Judge David O. Carter. (jm)	Dec. 16, 2011	Dec. 16, 2011 PACER
29	MOTION to Alter Judgment Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A. Responses due by 1/20/2012 (Pevar, Stephen)	Dec. 26, 2011	Dec. 26, 2011 PACER
30	RESPONSE to Motion re 29 MOTION to Alter Judgment filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 1/23/2012.(Naylor, Kirtlan)	Jan. 4, 2012	Jan. 4, 2012 PACER
31	REPLY to Response to Motion re 29 MOTION to Alter Judgment filed by Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A.(Pevar, Stephen)	Jan. 23, 2012	Jan. 23, 2012 PACER
32	NOTICE of Substitution - Attorney Richard Alan Eppink for Ray Barrios,Richard Alan Eppink for Randy Enzminger,Richard Alan Eppink for Andrew Ibarra,Richard Alan Eppink for Joshua Kelly,Richard Alan Eppink for Michael Miera,Richard Alan Eppink for Jose Pina,Richard Alan Eppink for Prisoner A,Richard Alan Eppink for Prisoner F added. Attorney Lea Candy Cooper terminated. (Eppink, Richard)	May 25, 2012	May 25, 2012 PACER
33	ORDER denying 29 Plaintiffs' Motion to Alter or amend. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)	Aug. 8, 2012	Aug. 8, 2012 PACER
34	RETURN MAIL undelivered as to Gary Harold Burger re: 33 Order on Motion to Alter Judgment (dks)	Aug. 17, 2012	Aug. 17, 2012 PACER
35	MINUTE ORDER. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	Nov. 16, 2012	Nov. 16, 2012 PACER
36	STIPULATION by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F, Timothy Wengler. (Naylor, Kirtlan)	Feb. 21, 2013	Feb. 21, 2013 PACER
37	STIPULATION Re: Addendum to Release Agreement by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Timothy Wengler. (Attachments: # 1 Exh. A-Addendum to Release Agmt.)(Naylor, Kirtlan)	March 1, 2013	March 1, 2013 PACER
38	ORDER re 37 Stipulation, filed by Randy Enzminger, Jose Pina, Michael Miera, Timothy Wengler, Ray Barrios, Joshua Kelly, Andrew Ibarra, Corrections Corporation of America, Inc, 36 Stipulation filed by Michael Miera, Timothy Wengler, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, Corrections Corporation of America, Inc. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	March 1, 2013	March 1, 2013 PACER
39	First SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2013 (Pevar, Stephen)	June 11, 2013	June 11, 2013 PACER
40	Second SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/5/2013 (Pevar, Stephen)	June 11, 2013	June 11, 2013 PACER
41	Sealed Document Re: 39 First SEALED MOTION Affidavit A in Support of First Sealed Motion. (Eppink, Richard)	June 11, 2013	June 11, 2013 PACER
42	Sealed Document Re: 39 First SEALED MOTION Affidavit B in Support of First Sealed Motion. (Eppink, Richard)	June 11, 2013	June 11, 2013 PACER
43	Sealed Document Re: 39 First SEALED MOTION Affidavit C in Support of First Sealed Motion. (Eppink, Richard)	June 11, 2013	June 11, 2013 PACER
44	ORDER (sealed) Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . Signed by Judge Edward J. Lodge. ((krb)	June 12, 2013	June 12, 2013 PACER
45	ORDER. Re: 40 Second SEALED MOTION Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 06/14/2013)	June 13, 2013	June 13, 2013 PACER
	Reset Deadlines as to 40 Second SEALED MOTION . Responses due by 6/21/2013 (krb)	June 14, 2013	June 14, 2013 PACER
46	Sealed Document Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . (Naylor, Kirtlan)	June 20, 2013	June 20, 2013 PACER
47	Sealed Document Re: 46 Sealed Document . (Eppink, Richard)	June 20, 2013	June 20, 2013 PACER
48	Sealed Document Re: 40 Second SEALED MOTION, 39 First SEALED MOTION . (Attachments: # 1 Appendix)(Eppink, Richard)	June 21, 2013	June 21, 2013 PACER
49	ORDER re 40 Second SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, 39 First SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Prisoner A, Randy Enzminger, Jose Pina, Prisoner F. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	June 21, 2013	June 21, 2013 PACER
	Set/Reset Deadlines as to 40 Second SEALED MOTION, 39 First SEALED MOTION . Responses due by 6/24/2013 (krb)	June 21, 2013	June 21, 2013 PACER
50	SEALED MOTION Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 7/18/2013 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pevar, Stephen)	June 24, 2013	June 24, 2013 PACER
51	SEALED RESPONSE to Motion re 40 Second SEALED MOTION, 39 First SEALED MOTION filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 7/11/2013. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Struck, Daniel)	June 24, 2013	June 24, 2013 PACER
52	Sealed Document Re: 45 Order, Document Sealed Defendants' Briefing Re: Sealed Pleadings. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Struck, Daniel)	June 24, 2013	June 24, 2013 PACER
53	Sealed Document Re: 50 SEALED MOTION . (Attachments: # 1 Exhibit, # 2 Exhibit)(Eppink, Richard)	June 25, 2013	June 25, 2013 PACER
54	SEALED RESPONSE to Motion re 39 First SEALED MOTION, 50 SEALED MOTION filed by Corrections Corporation of America, Inc, Timothy Wengler. Replies due by 7/15/2013. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Struck, Daniel)	June 26, 2013	June 26, 2013 PACER
55	SEALED RESPONSE to Motion re 50 SEALED MOTION, 39 First SEALED MOTION filed by Ray Barrios, Corrections Corporation of America, Inc, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. Replies due by 7/15/2013.(Pevar, Stephen)	June 27, 2013	June 27, 2013 PACER
56	SEALED ORDER re 39 First SEALED MOTION; 40 Second SEALED MOTION . Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) Modified on 10/28/2013 to reflect Order unsealed per Order 68 entered 8/16/2013 (cjm).	July 12, 2013	July 12, 2013 PACER
57	ORDER OF TRANSPORT; IDOC to take appropriate measures to transport Michael Miera #91654 (ICC), Andrew Ibarra #40889 (IMSI), and Joshua Kelly #63736 (IMSI) to Boise, Courtroom #1 on 8/7/2013 beginning at 8:00 a.m. The Clerk of Court shall provide notice to the applicable IDOC staff (Notice sent to USMS). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)	July 16, 2013	July 16, 2013 PACER
	CERTIFICATE OF SERVICE by Clerk of Court of emailing 57 Order of Transport to jcash@idoc.idaho.gov, vbates@idoc.idaho.gov, sthompso@idoc.idaho.gov. (cjm)	July 16, 2013	July 16, 2013 PACER
58	Sealed Document . (Eppink, Richard)	July 16, 2013	July 16, 2013 PACER
59	DOCKET ENTRY ORDER - Dockets 39-56 and 58 are currently under seal. The Court anticipates unsealing those documents, with very limited redactions supported by specific concerns. The parties should submit by e-mail to ADR Coordinator Susie Boring-Headlee any limited redactions that they propose to those documents. Such proposed redactions shall be due by Thursday, August 1, 2013, 7:00 p.m. (Mountain Standard Time). Signed by Judge David O. Carter (sbh).	July 31, 2013	July 31, 2013 PACER
60	ORDER ON MOTION TO UNSEAL granting 50 Sealed Motion. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 08/01/2013)	July 31, 2013	July 31, 2013 PACER
61	ORDER UNSEALING DOCKETS 44 THROUGH 50, 53 THROUGH 55, AND 58 re 48 Sealed Document, 58 Sealed Document, 46 Sealed Document, 53 Sealed Document, 47 Sealed Document, 44 Sealed Document, 54 Sealed Response to Motion, filed by Timothy Wengler, Corrections Corporation of America, Inc, 45 Order, Document Sealed, 49 Order, Sealed Order,, 50 SEALED MOTION filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Prisoner A, Jose Pina, Prisoner F, 55 Sealed Response to Motion, filed by Michael Miera, Ray Barrios, Joshua Kelly, Andrew Ibarra, Randy Enzminger, Jose Pina, Corrections Corporation of America, Inc. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	Aug. 6, 2013	Aug. 6, 2013 PACER
	Set/Reset Hearings: Show Cause Hearing Continued to 8/8/2013 08:00 AM in Boise - Courtroom 1 before Judge David O. Carter. (so)	Aug. 7, 2013	Aug. 7, 2013 PACER
63	Minute Entry for proceedings held before Judge David O. Carter: Show Cause Hearing held on 8/7/2013, ( Show Cause Hearing set for 8/8/2013 08:00 AM in Boise - Courtroom 1 before Judge David O. Carter.). (Court Reporter/ESR Christina Rhodes.) (krb) (Entered: 08/09/2013)	Aug. 7, 2013	Aug. 7, 2013 PACER
62	MEMORANDUM/BRIEF filed by Corrections Corporation of America, Inc, Timothy Wengler - Defendants' Hearing Brief. (Struck, Daniel)	Aug. 8, 2013	Aug. 8, 2013 PACER
64	Minute Entry for proceedings held before Judge David O. Carter: Show Cause Hearing held on 8/8/2013. (Court Reporter/ESR Christine Rhodes.) (krb) (Entered: 08/09/2013)	Aug. 8, 2013	Aug. 8, 2013 PACER
65	TRIAL BRIEF by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Pevar, Stephen)	Aug. 12, 2013	Aug. 12, 2013 PACER
66	SUPPLEMENT by Defendants Corrections Corporation of America, Inc, Timothy Wengler re 62 Memorandum/Brief (generic) . (Attachments: # 1 Exhibit Deposition Excerpts)(Struck, Daniel)	Aug. 14, 2013	Aug. 14, 2013 PACER
67	TRIAL BRIEF Plaintiffs' Response to Defendants' Supplemental Hearing Brief by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Eppink, Richard)	Aug. 14, 2013	Aug. 14, 2013 PACER
68	ORDER RESOLVING REMAINING ISSUES ON SEALED DOCUMENTS The documents at Dockets 39, 40, 51-2 (meaning only Exhibit 2 to Docket 51), 51-3 (only Ex. 3) 56, are unsealed with no redactions. The documents at Dockets 41-43, 51 (main document), and 51-1 (only Ex. 1) are unsealed with limited redactions performed by the Court. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
69	REDACTION to 41 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Per Order Docket 68) (jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
70	REDACTION to 42 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (as per Order dkt 68) (jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
71	REDACTION to 43 Sealed Document by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. (Per Order dkt 68) (jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
72	REDACTION to 51 Sealed Response to Motion, by Corrections Corporation of America, Inc, Timothy Wengler. (Per Order dkt 68)(jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
73	REDACTION to 51 -1 Exhibit 1, by Corrections Corporation of America, Inc, Timothy Wengler. ( Per Order dkt 68)(jp)	Aug. 16, 2013	Aug. 16, 2013 PACER
74	MOTION to Expedite and Motion to Temporarily Extend Deadline Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 10/7/2013 (Pevar, Stephen)	Sept. 12, 2013	Sept. 12, 2013 PACER
75	ORDER TEMPORARILY EXTENDING SETTLEMENT AGREEMENT granting 74 Motion to Expedite. The Courts considers the Motion on an expedited basis, and the Settlement Agreement is extended for a period of 15 days. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	Sept. 13, 2013	Sept. 13, 2013 PACER
76	MEMORANDUM DECISION AND ORDER re 75 Order on Motion to Expedite,. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	Sept. 16, 2013	Sept. 16, 2013 PACER
77	MOTION to Clarify [Dkt. 76] Daniel Patrick Struck appearing for Defendants Corrections Corporation of America, Inc, Timothy Wengler. Responses due by 10/18/2013 (Struck, Daniel)	Sept. 23, 2013	Sept. 23, 2013 PACER
78	MOTION for Extension of Time to File Motion For Attorney Fees Stephen L Pevar appearing for Plaintiffs Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Responses due by 10/21/2013 (Pevar, Stephen)	Sept. 25, 2013	Sept. 25, 2013 PACER
79	ORDER REGARDING AN INDEPENDENT MONITOR re 76 Order, ( Case Management deadline set for 9/30/2013.). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)	Sept. 26, 2013	Sept. 26, 2013 PACER
80	DOCKET ENTRY ORDER - Pending before the Court is the Motion for an Extension of Time 78 for filing a Motion for Attorney Fees. The Court having considered the pleadings shall grant the Motion. IT IS HEREBY ORDERED THAT the Motion for an Extension of Time is granted, and it shall be filed within fourteen (14) days after the Court issues a decision on CCA's Motion to Clarify 77 . Signed by Judge David O. Carter (sbh).	Sept. 26, 2013	Sept. 26, 2013 PACER
81	STIPULATION re 79 Order, Set Deadlines/Hearings,, for Independent Monitor by Corrections Corporation of America, Inc, Timothy Wengler. (Naylor, Kirtlan)	Sept. 27, 2013	Sept. 27, 2013 PACER
82	ORDER for New Monitor Proposals re 81 Stipulation filed by Timothy Wengler, Corrections Corporation of America, Inc. By 5:00 p.m. Mountain Time on 10/7/13, the parties are ORDERED to either: 1) jointly file the name, with resume or CV, of an agreed-upon monitor, OR 2) separately file the names, with resumes or CVs, of two possible monitors that each party considers appropriate. ( Case Management deadline set for 10/7/2013). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	Sept. 30, 2013	Sept. 30, 2013 PACER
83	STIPULATION re 79 Order, Set Deadlines/Hearings,, 82 Order, Set Deadlines/Hearings,,,, for Independent Monitor by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina. (Eppink, Richard)	Oct. 7, 2013	Oct. 7, 2013 PACER
84	RESPONSE to Motion re 77 MOTION to Clarify [Dkt. 76] filed by Ray Barrios, Randy Enzminger, Andrew Ibarra, Joshua Kelly, Michael Miera, Jose Pina, Prisoner A, Prisoner F. Replies due by 10/28/2013.(Pevar, Stephen)	Oct. 9, 2013	Oct. 9, 2013 PACER
85	ORDER Approving Stipulation and Apponting Independent Monitor, re 76 Order, 83 Stipulation, Edward Leach is hereby APPOINTED as the Court's monitor. Proposed plan should be submitted to the Court via email to the ADRCoordinator and provided to both parties on or before October 25, 2013: (Case Management deadline set for 10/25/2013). Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	Oct. 10, 2013	Oct. 10, 2013 PACER
86	NOTICE OF APPEAL as to 76 Order, 45 Order 79 Order, 85 Order, 68 Order, 60 Order, 61 Order, 75 Order, 56 Order, 82 Order,by Corrections Corporation of America, Inc, Timothy Wengler. Filing fee $ 455, receipt number 0976-1072426. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Struck, Daniel) Modified on 10/17/2013 to edit text (jp).(13-35972).	Oct. 16, 2013	Oct. 16, 2013 PACER
87	USCA Case Number 13-35972 for 86 Notice of Appeal, filed by Timothy Wengler, Corrections Corporation of America, Inc. (jp)	Oct. 18, 2013	Oct. 18, 2013 PACER
88	USCA Time Schedule Order as to 86 Notice of Appeal, filed by Timothy Wengler, Corrections Corporation of America, Inc. (Notice sent by e-mail to Court Reporter) (jp)	Oct. 18, 2013	Oct. 18, 2013 PACER
89	REPLY to Response to Motion re 77 MOTION to Clarify [Dkt. 76] filed by Corrections Corporation of America, Inc, Timothy Wengler.(Zoellner, Tara)	Oct. 23, 2013	Oct. 23, 2013 PACER
90	NOTICE by Corrections Corporation of America, Inc, Timothy Wengler - Transcript Designation (Struck, Daniel)	Oct. 28, 2013	Oct. 28, 2013 PACER
91	ORDER denying 77 Motion for Clarification. Signed by Judge David O. Carter. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)	Oct. 29, 2013	Oct. 29, 2013 PACER
	CORRECTIVE ENTRY - The entry docket number 90 Notice (Other) filed by Timothy Wengler, Corrections Corporation of America, Inc was filed using the incorrect docket event. The filing party shall re-submit their filing using "Appeal Transcript Request" so the 9CCA and court reporter get notified properly. (jp)	Oct. 29, 2013	Oct. 29, 2013 PACER
92	ORDER APPROVING MONITORING PLAN AND SETTING SCHEDULE. Signed by Judge David O. Carter. (Attachments: # 1 ICC Independent Monitor Final Action Plan)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)	Oct. 29, 2013	Oct. 29, 2013 PACER
93	DOCKET ENTRY ORDER - The date in the first line of the Order 77 Denying the Motion for Clarification 76 shall be corrected to September 16, 2013 instead of May 29,2013. Signed by Judge David O. Carter (sbh).	Oct. 29, 2013	Oct. 29, 2013 PACER

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