Case: Cunningham v. Federal Bureau of Prisons

1:12-cv-01570 | U.S. District Court for the District of Colorado

Filed Date: June 18, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 18, 2012, prisoners at an Administrative Maximum Facility prison in Florence (ADX), filed this class-action lawsuit in the District of Colorado against the Federal Bureau of Prisons (BOP) and certain BOP officials who were responsible for the operation of ADX. Represented by private counsel and the Washington Lawyers' Committee for Civil Rights and Urban Affairs, the plaintiffs claimed that the defendants had violated BOP policy and the Eighth Amendment by failing to properly diagnose a…

On June 18, 2012, prisoners at an Administrative Maximum Facility prison in Florence (ADX), filed this class-action lawsuit in the District of Colorado against the Federal Bureau of Prisons (BOP) and certain BOP officials who were responsible for the operation of ADX. Represented by private counsel and the Washington Lawyers' Committee for Civil Rights and Urban Affairs, the plaintiffs claimed that the defendants had violated BOP policy and the Eighth Amendment by failing to properly diagnose and treat prisoners at ADX with serious mental illness. Under 28 U.S.C. § 2201, they sought injunctive and declaratory relief requiring reform of the mental health care system at ADX, among other relief. (At the request of the first named plaintiff, he was withdrawn from the lawsuit and the caption was adjusted accordingly.) The case was assigned to Judge Richard P. Matsch.

On October 9, 2012, the defendants moved to dismiss the complaint, claiming that it failed to state a claim. On April 23, 2013, Judge Matsch denied the defendants' motion to dismiss but did dismiss two defendants who were being sued in their official capacities, finding their inclusion redundant.

Later in 2013, the parties began settlement discussions while undergoing discovery. Individual prisoners also filed motions for preliminary injunctions and temporary restraining orders, which were all denied by the court. On April 16, 2014, the proceedings were stayed for 60 days with the exception of written discovery, document production, and the continuing settlement conferences at the parties' request. The parties extended the stay until February 25, 2015.

On June 15, 2015, the plaintiffs filed an amended complaint and discovery continued. On November 3, 2015, Judge Matsch held that the plaintiffs had established standing to pursue claims for declaratory and injunctive relief for prisoners with mental illness housed at ADX. 2015 WL 13264094.

On November 16, 2016, the plaintiffs moved, unopposed, for preliminary approval of the settlement terms and the proposed notice to the class. On November 17, 2016, Judge Matsch issued an order granting the motion, and on December 29, 2016, he issued an order approving the settlement following a fairness hearing. 2016 WL 8786871.

The settlement agreement contained substantive provisions regarding screening and diagnosis of mental illness, provision of mental health care, suicide prevention, and conditions of confinement to reduce the risk of the development or exacerbation of mental illness. Additionally, it stated that units for mental health treatment would be developed in Atlanta, Georgia, Allenwood, Pennsylvania, and Florence, Colorado. It laid out an extensive list of initiatives ADX had to undertake, including using and enhancing an at-risk recreation program, creating group therapy facilities and private counseling areas, screening all inmates for mental illness, and taking steps to ensure access to treatment, among several other initiatives. It stated that the defendant had to pay attorneys’ fees and costs and the obligations under the settlement were to be effective for three years, unless the plaintiffs consented to termination between two and three years or the court grants a one-time one-year extension. The court also appointed a monitor to ensure compliance with the settlement agreement.

On January 17, 2017, Judge Matsch issued a stipulated order certifying the settlement class and subclass and dismissing the action with prejudice, subject to the court’s retention of jurisdiction for enforcement. The court certified a screening class consisting of all people confined at ADX between the date of the order and the end of the compliance period, and a subclass consisting of all people confined at ADX between the date of the order and the end of the compliance period who have been diagnosed by the Bureau or its representative personnel or contractors with a covered mental illness.

In the fairness hearing, some members of the class raised two objections: that the prisoners should receive money damages, and that someone should be held accountable for their conditions of confinement. On January 25, 2017, one plaintiff submitted a notice of appeal, but on February 7, 2017, he voluntarily withdrew his appeal. On February 13, 2017, another plaintiff submitted a notice of appeal, and on February 14, 2017, he filed an appeal in the U.S. Court of Appeals for the Tenth Circuit.

On September 21, 2017, the Tenth Circuit reviewed the objections to the settlement agreement, but affirmed the district court’s approval of the class action settlement. 709 Fed.Appx. 886. The Tenth Circuit also allowed the objecting plaintiff to proceed in forma pauperis, granting him counsel but still requiring him to pay all filing fees.

On December 22, 2017, a class co-plaintiff filed a letter with the court requesting to see the monitors for the purpose of providing information regarding ongoing policies and practices in the prison that the district court has already stated amounted to constitutional violations. The court did not formally reply to this letter.

Supplemental settlement proceeding occurred regularly throughout 2018 and 2019, but no additional orders have been issued by the court. The docket reflects members of the class receiving payment from the time of settlement through March, 2020.

This case is ongoing.

Summary Authors

Denise Heberle (6/19/2012)

Jessica Kincaid (2/13/2016)

Julie Singer (3/5/2017)

Jake Parker (7/5/2018)

Alex Moody (4/10/2020)

Related Cases

Vega v. Davis, District of Colorado (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4554645/parties/cunningham-v-federal-bureau-of-prisons/


Judge(s)

Arguello, Christine M. (Colorado)

Attorney for Plaintiff

Anderson, Robert R. (California)

Arnold, Keri L. (New York)

Aro, Edwin P. (Colorado)

Attorney for Defendant

Adebonojo, Kenneth (Colorado)

Expert/Monitor/Master/Other
Attorney for Defendant

Adebonojo, Kenneth (Colorado)

Bacchus, Renee A. (Colorado)

Bajada, Frances C. (Colorado)

Barghaan, Dennis Carl (Colorado)

Bennett, Michelle Renee (Colorado)

Bergman, Jacob Max (Colorado)

Blain, Ellen (Colorado)

Blain, Jennifer Ellen (Colorado)

Blutter, Sarah C (Colorado)

Brenton, Kyle W. (Colorado)

Brooker, Gregory G (Colorado)

Brown, Logan P. (Colorado)

Butler, Michael (Colorado)

Cargo, Shane Patrick (Colorado)

Chicago, AUSA - (Colorado)

Cho, James R. (Colorado)

Cohen, Nathalie Erin (Colorado)

Cook, Clay C. (Colorado)

Cook, Marcy Elizabeth (Colorado)

Coordinator, Litigation (Colorado)

Counsel, Bureau of (Colorado)

Dalke, Samuel S (Colorado)

Dickey, Lauren Marie (Colorado)

Eskew, David Michael (Colorado)

Euliss, Richard D (Colorado)

Fauci, James J. (Colorado)

Field, Katherine Mesenbring (Colorado)

Froehlke, Elizabeth Mary (Colorado)

Giacomazzi, Mia Anne (Colorado)

Gov, Kristi H. (Colorado)

Grady, Mark J. (Colorado)

Grubman, Scott Robert (Colorado)

Hagerty, Elizabeth (Colorado)

Hickman, Benjamin Todd (Colorado)

Horn, Stephen M. (Colorado)

Kabrawala, Ameet B. (Colorado)

Kapnik, Benjamin I. (Colorado)

LA-CV, Assistant US (Colorado)

Lee, Jonathan U (Colorado)

Licht-Steenfat, Jacob (Colorado)

McKeon, Mark Joseph (Colorado)

Moskowitz, David Z. (Colorado)

Mundell, Melissa Stebbins (Colorado)

Padden, Amy L. (Colorado)

Page, Wesley (Colorado)

Pfannenschmidt, Dennis (Colorado)

Pinchas, David E (Colorado)

Plourde, T. David (Colorado)

Prose, Susan Begesse (Colorado)

Rovner, Allison (Colorado)

Schachner, Elliot M. (Colorado)

Schock, Karl L (Colorado)

Simpson, D. Brian (Colorado)

Simpson, Donald (Colorado)

Soloway, Alan M. (Colorado)

Steiner, Logan Ann (Colorado)

Swauger, Melissa (Colorado)

Taylor, Andrea L. (Colorado)

Thiel, G. (Colorado)

Tinio, Rebecca Sol (Colorado)

Traskos, Kevin Thomas (Colorado)

Vassallo, Kristin L. (Colorado)

Villasenor, Juan Gonzalo (Colorado)

Vincent, Katherine W (Colorado)

Voss, Ana H (Colorado)

Walker, Cristina (Colorado)

Weissman, Jill Amy (Colorado)

Wilson, Sarah Stevens (Colorado)

Wyatt, Nathan E. (Colorado)

Yu, Li (Colorado)

Documents in the Clearinghouse

Documents in this case

1:12-cv-01570

Docket

Cunningham v. United States Bureau of Prisons

March 6, 2017

March 6, 2017

Docket
1

1:12-cv-01144

Complaint

Bacote v. Federal Bureau of Prisons

June 18, 2012

June 18, 2012

Complaint
274

1:12-cv-01570

Amended Complaint

Cunningham v. United States Bureau of Prisons

June 15, 2015

June 15, 2015

Complaint
324

1:12-cv-01570

Order on CLA Standing

Nov. 3, 2015

Nov. 3, 2015

Order/Opinion
382

1:12-cv-01570

Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement Terms and Proposed Notice to the Class

Nov. 16, 2016

Nov. 16, 2016

Pleading / Motion / Brief

Case Study Resource: How America’s Most Famous Federal Prison Faced a Dirty Secret

Case Study Resource: How America’s Most Famous Federal Prison Faced a Dirty Secret

No Court

Dec. 5, 2016

Dec. 5, 2016

Other
391

1:12-cv-01570

Order Approving Settlement

Dec. 29, 2016

Dec. 29, 2016

Order/Opinion
398

1:12-cv-01570

Stipulated Order Certifying Settlement Class and Subclass and Dismissing This Action with Prejudice Subject to the Court's Retention of Jurisdiction Over the Parties and Subject Matter for Purposes of Enforcing the Parties' Settlement Agreement

Jan. 17, 2017

Jan. 17, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4554645/cunningham-v-federal-bureau-of-prisons/

Last updated June 13, 2026, 7:14 a.m.

ECF Number Date Description Link
1 June 18, 2012

COMPLAINT against David A Berkabile, Blake R. Davis, Federal Bureau of Prisons, Newton E. Kendig, Paul M. Laird, Charles E. Samuels, Jr (Filing fee $ 350, Receipt Number 1082-2892391), filed by John W Narducci, Jr, Harold Cunningham, Michael Bacote, Jeremy Pinson, Ernest Norman Shaifer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Summons, # 19 Proposed Document - Notice of Related Cases, # 20 Civil Cover Sheet)(Aro, Edwin) (Entered: 06/18/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Summons

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19 Proposed Document - Notice of Related Cases

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20 Civil Cover Sheet

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2 June 18, 2012

Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (sphil, ) (Entered: 06/18/2012)

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3 June 18, 2012

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 06/18/2012)

1 Magistrate Judge Consent Form

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4 June 19, 2012

NOTICE OF CASE ASSOCIATION by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Aro, Edwin) (Entered: 06/19/2012)

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5 June 19, 2012

ORDER OF RECUSAL directing reassignment to another judge. By Judge Philip A. Brimmer on 6/19/12. (mnfsl, ) (Entered: 06/19/2012)

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6 June 19, 2012

CASE REASSIGNED pursuant to 5 Order. This case is reassigned to Judge Richard P. Matsch. All future pleadings should be designated as 12-cv-01570-RPM-KMT. Text Only Entry (mnfsl, ) (Entered: 06/19/2012)

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7 June 25, 2012

MOTION to Intervene as Plaintiff by Jonathan Jolie. (jjhsl, ) (Entered: 06/25/2012)

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8 June 26, 2012

RESPONSE to 7 MOTION to Intervene filed by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/26/2012)

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9 June 27, 2012

SUMMONS REQUEST as to David A. Berkabile re 1 Complaint,, by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/27/2012)

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10 June 27, 2012

SUMMONS REQUEST as to Blake R. Davis re 1 Complaint,, by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/27/2012)

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11 June 27, 2012

SUMMONS REQUEST as to Newton E. Kendig re 1 Complaint,, by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/27/2012)

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12 June 27, 2012

SUMMONS REQUEST as to Paul M. Laird re 1 Complaint,, by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/27/2012)

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13 June 27, 2012

SUMMONS REQUEST as to Charles E. Samuels, Jr. re 1 Complaint,, by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 06/27/2012)

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14 June 27, 2012

SUMMONS issued by Clerk re 9 . (rpmcd) (Entered: 06/27/2012)

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15 June 27, 2012

SUMMONS issued by Clerk re 10 . (rpmcd) (Entered: 06/27/2012)

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16 June 27, 2012

SUMMONS issued by Clerk re 11 . (rpmcd) (Entered: 06/27/2012)

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17 June 27, 2012

SUMMONS issued by Clerk re 12 . (rpmcd) (Entered: 06/27/2012)

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18 June 27, 2012

SUMMONS issued by Clerk re 13 . (rpmcd) (Entered: 06/27/2012)

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19 July 12, 2012

ORDER denying 7 Motion to Intervene by Judge Richard P. Matsch on 07/12/12.(jjhsl, ) (Entered: 07/12/2012)

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20 July 12, 2012

CERTIFICATE of Service by Clerk of Court re 19 Order on Motion to Intervene to Jonathan Jolie 7950 Jones Branch Dr Mclean VA 22108. Text Only Entry (jjhsl, ) (Entered: 07/12/2012)

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21 July 16, 2012

NOTICE of Entry of Appearance by Amy L. Padden on behalf of Federal Bureau of Prisons (Padden, Amy) (Entered: 07/16/2012)

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22 July 17, 2012

NOTICE of Entry of Appearance by Nathalie Erin Cohen on behalf of Federal Bureau of Prisons (Cohen, Nathalie) (Entered: 07/17/2012)

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23 Aug. 28, 2012

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendants David A Berkabile, Blake R. Davis, Federal Bureau of Prisons, Newton E. Kendig, Paul M. Laird, Charles E. Samuels, Jr. (Cohen, Nathalie) (Entered: 08/28/2012)

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24 Aug. 28, 2012

ORDER Granting 23 Motion for Extension of Time to Answer or Otherwise Respond re 1 Complaint,, David A Berkabile answer due 9/27/2012; Blake R. Davis answer due 9/27/2012; Federal Bureau of Prisons answer due 9/27/2012; Newton E. Kendig answer due 9/27/2012; Paul M. Laird answer due 9/27/2012; Charles E. Samuels, Jr answer due 9/27/2012, by Judge Richard P. Matsch on 8/28/2012. (rpmcd) (Entered: 08/28/2012)

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25 Sept. 20, 2012

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendants David A Berkabile, Blake R. Davis, Federal Bureau of Prisons, Newton E. Kendig, Paul M. Laird, Charles E. Samuels, Jr. (Padden, Amy) (Entered: 09/20/2012)

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26 Sept. 21, 2012

ORDER Granting 25 Motion for Extension of Time to Answer or Otherwise Respond re 1 Complaint,, David A Berkabile answer due 10/9/2012; Blake R. Davis answer due 10/9/2012; Federal Bureau of Prisons answer due 10/9/2012; Newton E. Kendig answer due 10/9/2012; Paul M. Laird answer due 10/9/2012; Charles E. Samuels, Jr answer due 10/9/2012, by Judge Richard P. Matsch on 9/21/2012.(rpmcd) (Entered: 09/21/2012)

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27 Oct. 9, 2012

MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6), MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) by Defendants David A Berkabile, Blake R. Davis, Federal Bureau of Prisons, Newton E. Kendig, Paul M. Laird, Charles E. Samuels, Jr. (Attachments: # 1 Appendix A - Chart Summarizing Plaintiffs' Allegations)(Cohen, Nathalie) Modified on 1/4/2013 (rpmcd, ). (Entered: 10/09/2012)

1 Appendix A - Chart Summarizing Plaintiffs' Allegations

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28 Oct. 12, 2012

LETTER re: Remove from Lawsuit by Plaintiff Michael Bacote. (jjhsl, ) (Entered: 10/12/2012)

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29 Oct. 15, 2012

Letter from Warren Daniel Clinton. (rpmcd) (Entered: 10/16/2012)

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30 Oct. 31, 2012

Joint MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) by Defendants David A Berkabile, Blake R. Davis, Federal Bureau of Prisons, Newton E. Kendig, Paul M. Laird, Charles E. Samuels, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 10/31/2012)

1 Proposed Order (PDF Only)

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31 Oct. 31, 2012

ORDER Granting 30 Motion for Extension of Time re 27 : Plaintiffs' response is due on or before November 21, 2012, and Defendants reply is due on or before December 19, 2012, by Judge Richard P. Matsch on 10/31/2012.(rpmcd) (Entered: 10/31/2012)

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32 Nov. 5, 2012

LETTER from Warren Daniel Clinton. (jjhsl, ) (Entered: 11/05/2012)

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33 Nov. 14, 2012

LETTER by Plaintiff Michael Bacote. (jjhsl, ) (Entered: 11/14/2012)

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34 Nov. 16, 2012

LETTER from Plaintiff Michael Bacote. (jjhsl, ) (Entered: 11/19/2012)

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35 Nov. 19, 2012

LETTER to the Court from Plaintiff Michael Bacote. (jjhsl, ) (Entered: 11/20/2012)

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36 Nov. 21, 2012

NOTICE of Voluntary Dismissal of Party Michael Bacote by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Attachments: # 1 Proposed Order, # 2 Unopposed Motion, # 3 Order Granting Unopposed Motion)(Aro, Edwin) (Entered: 11/21/2012)

1 Proposed Order

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2 Unopposed Motion

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3 Order Granting Unopposed Motion

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37 Nov. 21, 2012

RESPONSE to 27 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) Response to Motion to Dismiss filed by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Ernest Norman Shaifer. (Attachments: # 1 Ex. A, # 2 E. Aro Declaration, # 3 P. Wise Declaration)(Aro, Edwin) (Attachment 2 replaced on 12/7/2012) (rpmcd). Modified on 12/7/2012 re 42,[37-2] and [41-1] (rpmcd). (Entered: 11/21/2012)

1 Ex. A

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2 E. Aro Declaration

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3 P. Wise Declaration

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38 Nov. 21, 2012

MOTION to Amend/Correct/Modify Unopposed Motion to Modify Caption by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Attachments: # 1 Proposed Order)(Aro, Edwin) (Entered: 11/21/2012)

1 Proposed Order

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39 Nov. 26, 2012

ORDER DISMISSING CLAIMS OF PLAINTIFF MICHAEL BACOTE WITHOUT PREJUDICE re 28, 33, 34 and 35 : the claims of Michael Bacote are hereby dismissed WITHOUT PREJUDICE. This order shall not affect the claims of any other Plaintiff, or any class member, by Judge Richard P. Matsch on 11/26/2012.(rpmcd) Modified on 1/4/2013 (rpmcd). (Entered: 11/26/2012)

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40 Nov. 26, 2012

ORDER Amending Case Caption re 38 : The names of former Plaintiff Michael Bacote and former Defendant Newton E. Kendig shall be removed from the case caption, and the caption shall be amended to reflect the correct spelling of Defendant David Berkebile's last name, by Judge Richard P. Matsch on 11/26/2012. (rpmcd) (Entered: 11/26/2012)

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41 Dec. 6, 2012

Unopposed MOTION to Withdraw 37 Response to Motion, (Attached Declaration Only) and Resubmit Revised Version of the Declaration of Edwin P. Aro, by Plaintiffs Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Attachments: # 1 Revised Declaration of Edwin P. Aro, # 2 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 12/06/2012)

1 Revised Declaration of Edwin P. Aro

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2 Proposed Order (PDF Only)

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42 Dec. 7, 2012

ORDER Granting 41 Motion to Withdraw [37-2] : The version of the Aro Declaration originally filled as an attachment to Plaintiffs' Response shall be removed from the public file in this case and replaced with the revised version [47-1], by Judge Richard P. Matsch on 12/7/2012.(rpmcd) (Entered: 12/07/2012)

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43 Dec. 19, 2012

REPLY to Response to 27 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) filed by Defendants David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr. (Attachments: # 1 Exhibit A - Turner decl., # 2 Exhibit B - Laird decl.)(Padden, Amy) (Entered: 12/19/2012)

1 Exhibit A - Turner decl.

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2 Exhibit B - Laird decl.

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44 Jan. 3, 2013

NOTICE of Supplemental Authorities and Declaration re: 37 Response to Motion,, by Plaintiffs Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Attachments: # 1 Tab A, # 2 Tab B, # 3 Tab C, # 4 Tab D)(Aro, Edwin) (Entered: 01/03/2013)

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4 Tab D

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45 Jan. 28, 2013

MOTION to Strike 44 Notice of Supplemental Authorities, by Defendants David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr. (Padden, Amy) (Entered: 01/28/2013)

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46 Jan. 30, 2013

Unopposed MOTION to Withdraw as Attorney by Defendants David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Cohen, Nathalie) (Entered: 01/30/2013)

1 Proposed Order (PDF Only)

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47 Jan. 30, 2013

ORDER Granting 46 Motion to Withdraw as Attorney. Attorney Nathalie Erin Cohen is withdrawn and NEF's terminated, by Judge Richard P. Matsch on 1/30/2013.(Text Only Entry)(rpmcd ) (Entered: 01/30/2013)

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48 Feb. 4, 2013

NOTICE of Entry of Appearance by Marcy Elizabeth Cook on behalf of David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr (Cook, Marcy) (Entered: 02/04/2013)

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49 Feb. 13, 2013

RESPONSE to 45 MOTION to Strike 44 Notice of Supplemental Authorities, and Declaration in Opposition to Defendants' Motion to Dismiss filed by Plaintiffs Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Aro, Edwin) (Entered: 02/13/2013)

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50 Feb. 27, 2013

Unopposed MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Strike 44 Notice of Supplemental Authorities, by Defendants David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 02/27/2013)

1 Proposed Order (PDF Only)

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51 Feb. 28, 2013

ORDER granting 50 Motion for Extension of Time to File Reply re 45, 44 and 27 : Defendants' reply in support of their motion to dismiss is due on or before March 7, 2013, by Judge Richard P. Matsch on 2/28/2013.(rpmcd ) (Entered: 02/28/2013)

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52 March 5, 2013

MOTION to Withdraw as Attorney by Plaintiffs Michael Bacote, Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer. (Fornaci, Philip) (Entered: 03/05/2013)

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53 March 5, 2013

ORDER Granting 52 Motion to Withdraw as Attorney. Attorney Philip Jerome Fornaci is withdrawn and NEF's are terminated, by Judge Richard P. Matsch on 3/5/2013. Text Only Entry(rpmcd ) (Entered: 03/05/2013)

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54 March 7, 2013

REPLY to Response to 45 MOTION to Strike 44 Notice of Supplemental Authorities, filed by Defendants David A Berkebile, Blake R. Davis, Federal Bureau of Prisons, Paul M. Laird, Charles E. Samuels, Jr. (Padden, Amy) (Entered: 03/07/2013)

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55 March 26, 2013

Minute ORDER Setting Hearing on 27 MOTIONs to Dismiss for 4/23/2013 at 02:00 PM in Courtroom A, by Judge Richard P. Matsch on 3/26/2013. (rpmcd) (Entered: 03/26/2013)

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56 April 22, 2013

NOTICE of Entry of Appearance by Christopher Scott Morrow on behalf of Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Morrow, Christopher) (Entered: 04/22/2013)

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57 April 22, 2013

NOTICE of Entry of Appearance by Maurice Abraham Leiter on behalf of Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Leiter, Maurice) (Entered: 04/22/2013)

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58 April 23, 2013

Courtroom Minutes for Motion Hearing held on 4/23/2013 before Judge Richard P. Matsch. ORDERED: Defendants Samuels, Laird, and Davis are dismissed in case 12-cv-01570-RPM. Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6), 27 in Case 12-cv-01570-RPM, is denied. Conference set for 5/24/2013 at 02:00 PM in Conference Room (requirement of Rule 16 not applicable). Defendants' Motion to Strike Docket Number 44, 45 in Case 12-cv-01570-RPM, is moot. FTR: K. Terasaki. (rpmcd) (Entered: 04/23/2013)

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59 April 23, 2013

ORDER OF DISMISSAL OF DEFENDANTS CHARLES E. SAMUELS, JR., PAUL M. LAIRD, AND BLAKE R. DAVIS, by Judge Richard P. Matsch on 4/23/2013. (rpmcd) (Entered: 04/23/2013)

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60 April 23, 2013

Restricted Audio File - Level 3 regarding Motion Hearing 58 held on 04/23/2013 at 2:00 pm before Senior District Judge Richard P. Matsch. AUDIO FILE SIZE (16.0 MB) (ktera, ) (Entered: 04/24/2013)

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61 April 26, 2013

LETTER by Tommie L Carter. (jjhsl, ) (Entered: 04/26/2013)

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62 May 6, 2013

NOTICE of Entry of Appearance by Robert Paul Taylor on behalf of All Plaintiffs (Taylor, Robert) (Entered: 05/06/2013)

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63 May 22, 2013

NOTICE of Plaintiffs' Proposal Re Matters for Consideration at May 24, 2013, Informal Case Management Conference by Plaintiffs Harold Cunningham, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Aro, Edwin) (Entered: 05/22/2013)

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64 May 23, 2013

RESPONSE to 63 Notice (Other), and Proposal of Issues to be Discussed at May 24th hearing by Defendants David A Berkebile, Federal Bureau of Prisons. (Padden, Amy) (Entered: 05/23/2013)

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65 May 24, 2013

ERRATA re 64 Response by Defendants David A Berkebile, Federal Bureau of Prisons. (Padden, Amy) (Entered: 05/24/2013)

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66 May 24, 2013

MINUTE ENTRY for Conference held on 5/24/2013 before Judge Richard P. Matsch. ORDERED: Plaintiffs' First Amended Complaint is accepted and counsel shall file it today. Defendants have thirty days to file an answer. Scheduling Conference set for 7/12/2013 AT 10:00 AM in Conference Room FTR: K. Terasaki. (rpmcd ) (Entered: 05/24/2013)

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67 May 24, 2013

AMENDED COMPLAINT against Federal Bureau of Prisons, filed by John W Narducci, Jr, Harold Cunningham, Jeremy Pinson, Ernest Norman Shaifer, Center for Legal Advocacy, John Powers, Carlton Dunbar, Marcellus Washington. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Aro, Edwin) (Entered: 05/24/2013)

1 Exhibit 1

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68 June 14, 2013

Unopposed MOTION for Leave to Depose Incarcerated Witness John J. Powers by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington. (Attachments: # 1 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 06/14/2013)

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69 June 17, 2013

ORDER Granting 68 Motion for Leave: Plaintiffs in both of the above captioned actions are granted leave to take the deposition of JOHN J. POWERS (BOP Register No. 03220-028) at the United States Medical Center for Federal Prisoners in Springfield, Missouri, beginning on June 25, 2013, and continuing thereafter until completed, by Judge Richard P. Matsch on 6/17/2013.(rpmcd) (Entered: 06/17/2013)

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70 June 17, 2013

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 67 Amended Complaint,, by Defendant Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 06/17/2013)

1 Proposed Order (PDF Only)

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71 June 18, 2013

ORDER Granting 70 Motion for Extension of Time to Answer or Otherwise Respond re 67 Amended Complaint, Federal Bureau of Prisons answer due 7/26/2013, by Judge Richard P. Matsch on 6/18/2013.(rpmcd) (Entered: 06/18/2013)

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72 June 20, 2013

Joint MOTION for Protective Order /for Entry of Interim Protective Order by Defendant Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only) Proposed Stipulated Interim Protective Order)(Padden, Amy) (Entered: 06/20/2013)

1 Proposed Order (PDF Only) Proposed Stipulated Interim Protective Order

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73 June 20, 2013

Stipulated PROTECTIVE ORDER re 72, by Judge Richard P. Matsch on 6/20/2013. (rpmcd, ) (Entered: 06/20/2013)

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74 July 10, 2013

NOTICE OF AGENDA FOR INFORMAL CASE MANAGEMENT CONFERENCE SCHEDULED FOR JULY 12, 2013 by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington (Attachments: # 1 Exhibit 1)(Aro, Edwin) (Entered: 07/10/2013)

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75 July 12, 2013

Courtroom Minutes for Scheduling Conference held on 7/12/2013 before Judge Richard P. Matsch. ORDERED: Scheduling Conference set for 8/2/2013 at 02:00 PM in Conference Room. FTR: K. Terasaki. (rpmcd ) (Entered: 07/12/2013)

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76 July 22, 2013

Unopposed MOTION for Leave to Depose Incarcerated Witness Richie Antonio Hill, Pursuant to Rule 30(a)(2)(B), by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, Ernest Norman Shaifer, Marcellus Washington. (Attachments: # 1 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 07/22/2013)

1 Proposed Order (PDF Only)

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77 July 22, 2013

ORDER Granting 76 Motion for Leave to Depose Incarcerated Witness Richie Antonio Hill, by Judge Richard P. Matsch on 7/22/2013 (12-cv-01144-RPM and 12-cv-01570-RPM).(rpmcd ) (Entered: 07/22/2013)

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78 July 26, 2013

Partial MOTION to Strike 67 Amended Complaint,, by Defendant Federal Bureau of Prisons. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Padden, Amy) (Entered: 07/26/2013)

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79 July 26, 2013

ANSWER to 67 Amended Complaint,, by Federal Bureau of Prisons.(Padden, Amy) (Entered: 07/26/2013)

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80 July 30, 2013

TRANSCRIPT of Scheduling Conference held on July 12, 2013 before Judge Matsch. Pages: 1-41. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/31/2013. (Federal Reporting Service, Inc., ) (Entered: 07/30/2013)

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81 July 30, 2013

NOTICE of Agenda for Informal Case Management Conference Scheduled for August 2, 2013 by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington (Aro, Edwin) (Entered: 07/30/2013)

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82 Aug. 1, 2013

RESPONSE to 81 Notice (Other), by Defendant Federal Bureau of Prisons. (Padden, Amy) (Entered: 08/01/2013)

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83 Aug. 2, 2013

Courtroom Minutes for Further Scheduling Conference held on 8/2/2013 before Judge Richard P. Matsch. ORDERED: Further scheduling conference set October 1, 2013 at 2:00 p.m. Proposed scheduling order due September 23, 2013. Plaintiff's memorandum of law addressing CLA (P&A) association standing, exhaustion and PLRA due August 26, 2013. Defendant's response due September 16, 2013. No reply. FTR: K. Terasaki. (rpmcd ) (Entered: 08/02/2013)

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84 Aug. 5, 2013

Joint MOTION for Protective Order by Defendant Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only) - Proposed Protective order)(Padden, Amy) (Entered: 08/05/2013)

1 Proposed Order (PDF Only) - Proposed Protective order

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85 Aug. 6, 2013

PROTECTIVE ORDER re 84, by Judge Richard P. Matsch on 8/6/2013. (rpmcd ) (Entered: 08/06/2013)

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86 Aug. 7, 2013

Joint MOTION for Referral for Settlement Conference by Defendant Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 08/07/2013)

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87 Aug. 8, 2013

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty FOR SETTLEMENT CONFERENCE re 86, by Judge Richard P. Matsch on 8/8/2013. (rpmcd) Modified on 8/8/2013 (rpmcd ). (Entered: 08/08/2013)

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88 Aug. 8, 2013

MINUTE ORDER re: 87 Order Referring Case to Magistrate Judge, the Court directs counsel for the parties to schedule a Settlement Conference with this Court by first teleconferencing together, then calling my Chambers at 303.844.4507 on or before August 16, 2013, by Magistrate Judge Michael E. Hegarty on 8/8/2013. (ervsl, ) (Entered: 08/08/2013)

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89 Aug. 14, 2013

Unopposed MOTION for Extension of Time to File Response/Reply as to 78 Partial MOTION to Strike 67 Amended Complaint,, by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington. (Attachments: # 1 Proposed Order (PDF Only))(Aro, Edwin) (Entered: 08/14/2013)

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90 Aug. 15, 2013

ORDER Granting Plaintiffs' 89 Motion for Extension of Time to File Response re 78 : to and including September 9, 2013, by Judge Richard P. Matsch on 8/15/2013.(rpmcd) (Entered: 08/15/2013)

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91 Aug. 16, 2013

MINUTE ORDER Settlement Conference set for 10/7/2013 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 8/16/2013. (mehcd) (Entered: 08/16/2013)

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92 Aug. 26, 2013

(Motion for Partial Summary Judgment Pursuant to 108 )-- Memorandum re: the Role of the Center for Legal Advocacy in the Present Action by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington. (Aro, Edwin) Modified on 9/11/2013 (rpmcd ). Modified re 108 on 10/16/2013 (rpmcd). (Entered: 08/26/2013)

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93 Sept. 3, 2013

MINUTE ORDER Settlement Conference reset for 10/2/2013 at 9:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 9/3/2013. (mehcd) (Entered: 09/03/2013)

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94 Sept. 9, 2013

BRIEF in Opposition to 78 Partial MOTION to Strike 67 Amended Complaint,, filed by Plaintiffs Center for Legal Advocacy, Harold Cunningham, Carlton Dunbar, John W Narducci, Jr, Jeremy Pinson, John Powers, Ernest Norman Shaifer, Marcellus Washington. (Aro, Edwin) (Entered: 09/09/2013)

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95 Sept. 10, 2013

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Memoradum re the Role of the Center for Legal Advocacy in the Present Action by Defendant Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 09/10/2013)

1 Proposed Order (PDF Only)

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96 Sept. 11, 2013

ORDER Granting 95 Motion for Extension of Time : Defendant's response is due on or before September 23, 2013, to Plaintiffs' 92 Memorandum Re: the Role of the Center for Legal Advocacy, by Judge Richard P. Matsch on 9/11/2013.(rpmcd) (Entered: 09/11/2013)

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97 Sept. 23, 2013

RESPONSE to 92 Brief, re the Role of the CLA by Defendant Federal Bureau of Prisons. (Attachments: # 1 Exhibit A - OMB Circular)(Padden, Amy) (Entered: 09/23/2013)

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98 Sept. 23, 2013

REPLY to Response to 78 Partial MOTION to Strike 67 Amended Complaint,, filed by Defendant Federal Bureau of Prisons. (Padden, Amy) (Entered: 09/23/2013)

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99 Sept. 30, 2013

Emergency MOTION for Preliminary Injunction Ordering Defendant to Transfer ADX Prisoner, Jonathan Francisco, for a Medical Evaluation and Treatment, by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Aro, Edwin) (Entered: 09/30/2013)

1 Exhibit A

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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100 Oct. 1, 2013

SCHEDULING ORDER: Discovery due by 8/1/2014 and Dispositive Motions due by 9/19/2014, by Judge Richard P. Matsch on 10/1/2013. (rpmcd) (Entered: 10/02/2013)

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Case Details

State / Territory:

Colorado

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Solitary confinement

Key Dates

Filing Date: June 18, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are now, or will be, incarcerated in the federal Administrative Maximum prison in Florence, Colorado. Also subclass: All class members diagnosed with serious mental illness.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

Federal Bureau of Prisons

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of Colorado 1:12-cv-01570

District of Colorado 1:12-cv-01144

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Preliminary relief denied

Reasonable Accommodation

Order Duration: 2016 - 2019

Issues

General/Misc.:

Conditions of confinement

Counseling

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

P&A Associational Standing

Reasonable Accommodations

Discrimination Area:

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Untreated pain

Recommended Citation