Case: Boyd v. Godinez

3:12-cv-00704 | U.S. District Court for the Southern District of Illinois

Filed Date: June 13, 2012

Closed Date: Sept. 7, 2017

Clearinghouse coding complete

Case Summary

This is a conditions of confinement suit brought by the putative class of prisoners at the Vienna Correctional Center ("Vienna"), a minimum security Illinois state prison, against the Illinois Department of Corrections. The case was filed by private counsel and the Uptown People's Law Center, on June 13, 2012. It alleges disgusting and crowded conditions in violation of the Eighth Amendment-1900 prisoners housed in a facility meant for 925, rampant vermin, contaminated food, heat and ventilatio…

This is a conditions of confinement suit brought by the putative class of prisoners at the Vienna Correctional Center ("Vienna"), a minimum security Illinois state prison, against the Illinois Department of Corrections. The case was filed by private counsel and the Uptown People's Law Center, on June 13, 2012. It alleges disgusting and crowded conditions in violation of the Eighth Amendment-1900 prisoners housed in a facility meant for 925, rampant vermin, contaminated food, heat and ventilation problems, and endemic mold and mildew.

By April 2013, the parties had engaged in settlement discussions. In August of 2013, the plaintiffs filed an unopposed motion for class certification for settlement purposes. However, District Judge J. Phil Gilbert held that, as the named plaintiffs had all been released from Vienna, the proposed class was not adequately represented by the current named plaintiffs. The Court reserved ruling on the motion until plaintiffs either found a suitable class representative, or made a compelling argument to the Court that the current named plaintiffs were adequate class representatives. Boyd v. Godinez, Civil Action No. 3:12-cv-704-JPG-PMF, 2013 WL 5230238 (S.D. Ill. Sept. 16, 2013).

Plaintiffs subsequently amended their complaint to add a named plaintiff who was currently incarcerated at Vienna, but also argued that the "inherently transitory" exception to the mootness doctrine should apply in this case. Judge Gilbert held that the plaintiffs had not adequately explained their inherently transitory argument, especially in light of the fact that they had successfully found a putative class representative and added him to their complaint. Nevertheless, having secured an adequate class representative, the Court granted the plaintiffs' unopposed motion to certify a class for settlement purposes.

In light of the progress made toward settlement, the District Court vacated the pretrial schedule in December 2013. The parties engaged in settlement discussions for several years, but in May 2016 they notified the Court that the discussions had stalled and they desired to proceed with litigation.

On June 7, 2016, the case was reassigned to Chief Judge Michael J. Reagan. Judge Reagan scheduled a jury trial for March 26, 2018.

On August 15, 2016, the Court issued an order directing the plaintiffs to file a brief supporting their need to keep their September 2012 class certification motion pending on the docket. Seventh Circuit and Supreme Court precedent called into doubt the ongoing need for plaintiffs to file early class certification motions to avoid mootness. The plaintiffs submitted a brief arguing that the Court had already implicitly ruled on class certification for settlement purposes, or at the very least that settlement certification removed any mootness concerns. Judge Reagan, however, disagreed. On the first point, he explained that the defendants had agreed not to oppose the second motion for class certification on the condition that certification was only for settlement purposes. However, Judge Reagan agreed that the settlement certification, without subsequent decertification, was enough to protect the plaintiffs from mootness issues; once certified, the class achieved a legal status separate from the interest asserted by the named plaintiffs. Thus, the Court found that there was no longer a need to keep the original motion for class certification on the docket to safeguard plaintiffs from any mootness problem and denied that original motion without prejudice on September 22, 2016.

On December 9, 2016, the plaintiffs filed a voluntary motion to dismiss the action in its entirety. The motion stated that the Illinois Department of Corrections had made significant improvements to the living conditions at Vienna that resolved the unconstitutional conditions. Magistrate Judge Reona J. Daly ordered that notice of the dismissal be provided to the settlement class. The notice informed the class that they could file objections or comments, but none were filed. After holding a fairness hearing, Magistrate Judge Daly issued a recommendation of dismissal to the District Court, noting that dismissal was a fair, reasonable, and adequate resolution of the litigation. Thus, on September 7, 2017, the District Court dismissed all claims without prejudice. The case is now closed.

Summary Authors

Margo Schlanger (6/29/2012)

Dan Whitman (10/28/2014)

Eva Richardson (1/13/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5139642/parties/boyd-v-godinez/


Judge(s)

Daly, Reona (Illinois)

Frazier, Philip M. (Illinois)

Gilbert, John Phil (Illinois)

Attorney for Plaintiff

Collins, Robert C. III (Illinois)

Gehl, Andrew T. (Illinois)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

3:12-cv-00704

Docket [PACER]

Sept. 7, 2017

Sept. 7, 2017

Docket
2

3:12-cv-00704

Complaint

June 13, 2012

June 13, 2012

Complaint
44

3:12-cv-00704

Memorandum and Order [Reserving Ruling on Motion for Class Certification]

Sept. 16, 2013

Sept. 16, 2013

Order/Opinion

2013 WL 5230238

50

3:12-cv-00704

Memorandum and Order [Granting Motion to Amend Complaint]

Oct. 29, 2013

Oct. 29, 2013

Order/Opinion

2013 WL 5807898

51

3:12-cv-00704

First Amended Complaint

Oct. 29, 2013

Oct. 29, 2013

Complaint
52

3:12-cv-00704

Memorandum and Order [Granting Class Certification]

Oct. 31, 2013

Oct. 31, 2013

Order/Opinion
106

3:12-cv-00704

Order [Denying Class Certification Without Prejudice]

Sept. 22, 2016

Sept. 22, 2016

Order/Opinion
126

3:12-cv-00704

Report and Recommendation

Aug. 16, 2017

Aug. 16, 2017

Order/Opinion

2017 WL 3951930

127

3:12-cv-00704

Memorandum and Order [Adopting Report and Recommendations]

Sept. 7, 2017

Sept. 7, 2017

Order/Opinion

2017 WL 3923482

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5139642/boyd-v-godinez/

Last updated Jan. 9, 2026, 3:41 a.m.

ECF Number Description Date Link Date / Link
1

Case Opened. Documents may now be electronically filed. Case number 12-704-JPG must be placed on all documents prior to filing them electronically. (Attachments: # 1 Consent to Magistrate Judge)(bkl) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

2

COMPLAINT against Randy Davis, S.A. Godinez ( Filing fee $ 350 receipt number 0754-1714038.), filed by Michael Boyd, Paul Lee, Kendrick Pearson. (Attachments: # 1 Civil Cover Sheet)(Lally, Kathleen) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

3

NOTICE of Appearance by Kathleen Patricia Lally on behalf of Michael Boyd, Paul Lee, Kendrick Pearson (Lally, Kathleen) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

4

NOTICE of Appearance by Mark S. Mester on behalf of Michael Boyd, Paul Lee, Kendrick Pearson (Mester, Mark) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

5

NOTICE of Appearance by Robert Christian Collins, III on behalf of Michael Boyd, Paul Lee, Kendrick Pearson (Collins, Robert) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

6

NOTICE of Appearance by Andrew T. Gehl on behalf of Michael Boyd, Paul Lee, Kendrick Pearson (Gehl, Andrew) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

7

NOTICE of Appearance by Alan S. Mills on behalf of All Plaintiffs (Mills, Alan) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

8

MOTION - Plaintiffs' Motion to Expedite Review Pursuant to the Prison Litigation Reform Act by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

9

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Denying 8 MOTION - Plaintiffs' Motion to Expedite Review Pursuant to the Prison Litigation Reform Act filed by Michael Boyd, Kendrick Pearson, Paul Lee. The threshold review of the c omplaint having now been completed, Plaintiffs are DIRECTED to serve Defendants pursuant to Fed. R. Civ. P. Rule 4. Defendants are ORDERED to timely file an appropriate responsive pleading to the complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g). Signed by Judge J. Phil Gilbert on 8/28/2012. (tjk)

Aug. 29, 2012

Aug. 29, 2012

RECAP
10

Summons Issued as to S.A. Godinez. (jdh) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

11

Summons Issued as to Randy Davis. (jdh) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

12

SUMMONS Returned Executed by Michael Boyd, Paul Lee, Kendrick Pearson. Randy Davis served on 9/6/2012, answer due 9/27/2012. (Lally, Kathleen) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

13

SUMMONS Returned Executed by Michael Boyd, Paul Lee, Kendrick Pearson. S.A. Godinez served on 8/29/2012, answer due 9/19/2012. (Lally, Kathleen) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

14

MOTION for Extension of Time to File Answer re 2 Complaint by Randy Davis, S.A. Godinez. (Higgerson, Christopher) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

15

ORDER granting 14 Motion for Extension of Time to Answer. A responsive pleading is now due from Randy Davis and S.A. Godinez by 10/9/2012. Signed by Magistrate Judge Philip M. Frazier on 9/19/2012. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

16

MOTION to Certify Class - Plaintiffs' Motion for Class Certification by Michael Boyd, Paul Lee, Kendrick Pearson. Responses due by 10/25/2012 (Lally, Kathleen) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

17

ANSWER to 2 Complaint and Affirmative Defenses by Randy Davis, S.A. Godinez.(Higgerson, Christopher) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

18

CJRA TRACK D assigned: Final Pretrial Conference set for 7/10/2014 at 09:30 AM in Benton Courthouse before Judge J. Phil Gilbert. Bench Trial set for 7/14/2014 at 09:00 AM in Benton Courthouse before Judge J. Phil Gilbert. (by:kjr) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

Pro Se Threshold Determination $ 0 Track D. Final Pre-trial set for 7/10/2014 at 9:30 a.m. with a Bench trial setting of 7/14/2014 at 9:00 a.m. in Benton, IL. (by:kjr)

Oct. 17, 2012

Oct. 17, 2012

19

NOTICE TO COUNSEL: Scheduling and Discovery Conference set for 11/27/2012 8:45 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for plaintiff is responsible for placing the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

20

ORDER REGARDING DISCOVERY: Discovery disputes which cannot be resolved through informal means pursuant to Federal Rule of Civil Procedure 37 shall be handled in the following manner. The party seeking the discovery shall be responsible for arranging for a prompt telephone conference with the Court and opposing counsel, by first contacting Karen Metheney, Courtroom Deputy to Judge Frazier, at 618-439-7754. If written discovery is involved, the disputed portion(s) shall be faxed to the Court prior to the telephone conference. Motions to Compel discovery and/or for appropriate sanctions shall be presented orally at the telephone conference. Written motions to compel or legal memoranda will not be accepted unless specifically requested by the Court. Expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 10/18/2012. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

21

NOTICE of Appearance by Malorie R. Medellin on behalf of Michael Boyd, Paul Lee, Kendrick Pearson (Medellin, Malorie) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

22

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Scheduling and Discovery Conference held on 11/27/2012. (krm) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

23

SCHEDULING AND DISCOVERY ORDER: Joint Report approved and entered. Discovery to be completed by 3/6/2014. Dispositive Motions to be filed by 3/21/2014. Signed by Magistrate Judge Philip M. Frazier on 11/27/2012. (Attachments: # 1 Joint Report)(krm) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

24

MOTION for Extension of Time to Complete Discovery by Randy Davis, S.A. Godinez. (Higgerson, Christopher) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

25

ORDER granting 24 Motion for Extension of Time to Serve Discovery. Defendants shall serve responses to plaintiffs requests for production of documents by January 29, 2013. Signed by Magistrate Judge Philip M. Frazier on 1/28/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

26

Joint MOTION for Protective Order by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

27

Joint MOTION to Amend/Correct 23 Scheduling Order, by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

28

ORDER granting 27 Joint Motion to Amend Scheduling Order. A modified scheduling order will be entered, extending certain deadlines. Signed by Magistrate Judge Philip M. Frazier on 2/25/2013. (kls) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

29

REVISED SCHEDULING ORDER: extending the deadline for plaintiffs' brief in support of class certification to 7/1/2013. Opposition is now due by 7/29/2013. Any reply is now due by 8/12/2013. See Order for additional details. Signed by Magistrate Judge Philip M. Frazier on 2/25/2013. (kls) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

30

PRETRIAL PROTECTIVE ORDER granting 26 Motion for Protective Order. Signed by Magistrate Judge Philip M. Frazier on 2/26/2013. (kls) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

31

Joint MOTION to Amend/Correct 29 Scheduling Order, Set Scheduling Order Deadlines,, by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

32

ORDER granting 31 Motion to Amend and Modifying (Doc. No. 23) Scheduling and Discovery Order. See Order for details. Signed by Magistrate Judge Philip M. Frazier on 5/2/2013. (kls) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

33

MOTION to Certify Class - Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement by Michael Boyd, Paul Lee, Kendrick Pearson. Responses due by 9/6/2013 (Lally, Kathleen) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

34

MEMORANDUM in Support re 33 MOTION to Certify Class - Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement filed by Michael Boyd, Paul Lee, Kendrick Pearson. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 to 20, # 3 Exhibit 21 to 35)(Lally, Kathleen) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

35

MOTION to Seal - Motion to File Documents Under Seal (Document 34 Exhibits 7, 12, 14-17, 19-20, 23-24, 26-29, and 31) by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

36

MINUTE ORDER re 35 MOTION to Seal and to File Documents Under Seal (Document 34 Exhibits 7, 12, 14-17, 19-20, 23-24, 26-29, and 31 filed by Michael Boyd, Kendrick Pearson, Paul Lee. (kjr) Motion Hearing set for 8/22/2013 at 01:30 PM in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 8/7/2013. Parties should read minute order for complete details.(kjr, )(Entered: 8/7/2013) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

37

MOTION for Order to Reset Hearing - Unopposed Motion to Reset Hearing by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

38

MINUTE ORDER (kjr); granting 37 MOTION for Order to Reset Hearing. Hearing re 35 MOTION to Seal reset for 8/15/2013 01:30 PM in Benton Courthouse before Judge J. Phil Gilbert.(dka, ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

39

Minute Entry for proceedings held before Judge J. Phil Gilbert. (kjr) Motion Hearing held on 8/15/2013 re 16 MOTION to Certify Class, Plaintiffs' Motion for Class Certification filed by Michael Boyd, Kendrick Pearson, Paul Lee, and 35 MOTION to Seal Motion to File Documents Under Seal (Document 34 Exhibits 7, 12, 14-17, 19-20, 23-24, 26-29, and 31 filed by Michael Boyd, Kendrick Pearson, Paul Lee, 33 MOTION to Certify Class - Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement filed by Michael Boyd, Kendrick Pearson, Paul Lee. The Court reserves ruling on motions.(Court Reporter Chris Dohack.)(kjr, )(Entered: 8/21/2013) (Entered: 08/21/2013)

Aug. 15, 2013

Aug. 15, 2013

40

Amended MOTION to Seal - Amended Motion to File Documents Under Seal by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

41

EXHIBIT by Michael Boyd, Paul Lee, Kendrick Pearson. Exhibit to 33 Motion to Certify Class - Amended Exhibits to Memorandum in Support of Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement. (Attachments: # 1 Exhibit 1 - 6, # 2 Exhibit 7 Part 1, # 3 Exhibit 7 Part 2, # 4 Exhibit 7A, # 5 Exhibit 8 - 17, # 6 Exhibit 18 - 27, # 7 Exhibit 28 - 35)(Lally, Kathleen) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

42

MEMORANDUM AND ORDER, Granting 40 Amended MOTION to Seal Amended Motion to File Documents Under Seal filed by Michael Boyd, Kendrick Pearson, Paul Lee, and renders as moot 35 MOTION to Seal Motion to File Documents Under Seal (Document 34 Exhibits 7, 12, 14-17, 19-20, 23-24, 26-29, and 31) filed by Michael Boyd, Kendrick Pearson, Paul Lee. Signed by Judge J. Phil Gilbert on 8/30/2013. (jdh)

Aug. 30, 2013

Aug. 30, 2013

RECAP
43

Sealed Document. (Lally, Kathleen) Exhibit re 33 Motion to Certify Class. Modified on 9/9/2013 (bkl). (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

44

MEMORANDUM AND ORDER re: class certification. Signed by Judge J. Phil Gilbert on 9/16/2013. (jdh)

Sept. 16, 2013

Sept. 16, 2013

RECAP
45

NOTICE of Hearing: Status Conference set for 10/18/2013 11:00 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for Plaintiffs to place the conference call between the Court and counsel. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

46

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Status Conference held on 10/18/2013. Attorneys Lally and Mills present for plaintiffs. Attorney Higgerson present for defendants. A settlement conference is set for 12/13/2013 9:30 AM before Judge Frazier in Benton. Separate order to enter. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

47

ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/13/2013 9:30 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. Settlement statements to be submitted by 12/6/2013. Signed by Magistrate Judge Philip M. Frazier on 10/18/2013. (krm) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

48

MOTION to Amend/Correct 2 Complaint - Unopposed Motion for Leave to File First Amended Complaint by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

49

MEMORANDUM in Support re 33 MOTION to Certify Class - Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement - Supplemental Brief in Further Support of Plaintiff's Unopposed Motion for Class Certification for the Purposes of Settlement filed by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

50

MEMORANDUM AND ORDER, Granting 48 MOTION to Amend/Correct 2 Complaint Unopposed Motion for Leave to File First Amended Complaint filed by Michael Boyd, Kendrick Pearson, Paul Lee. The Court reserves the ruling on the motion for class certification. Signed by Judge J. Phil Gilbert on 10/29/2013. (jdh)

Oct. 29, 2013

Oct. 29, 2013

RECAP
51

AMENDED COMPLAINT against All Defendants, filed by Michael Boyd, Paul Lee, Kendrick Pearson, J.B. Washup.(Lally, Kathleen) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

52

MEMORANDUM AND ORDER, the Court GRANTS the Plaintiffs Unopposed Motion for Class Certification for Purposes of Settlement (Doc. 33 . The Court CERTIFIES the following class for settlement purposes only and APPOINTS plaintiff J.B. Washup as class representative; and APPOINTS attorneys Mark Mester and Kathleen Lally, of Latham & Watkins LLP, and Alan Mills, of Uptown Peoples Law Center, as class counsel. Signed by Judge J. Phil Gilbert on 10/31/2013. (jdh)

Oct. 31, 2013

Oct. 31, 2013

RECAP
53

Defendants ANSWER to 51 Amended Complaint by Randy Davis, S.A. Godinez.(Higgerson, Christopher) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

54

ORDER re 47 Order for Settlement Conference. The named plaintiffs are excused from attending the settlement conference. Signed by Magistrate Judge Philip M. Frazier on 11/26/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

55

ORDER re 23 Scheduling and Discovery Order. In view of the progress made toward settlement, approaching deadlines regarding experts, discovery, and dispositive motions (paragraphs 14-17 of Doc. No. 23) are VACATED and will be reset as needed. Signed by Magistrate Judge Philip M. Frazier on 12/16/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

56

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Settlement Conference held on 12/13/2013. Conference is continued. (kls) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

57

NOTICE AND ORDER: A Status Conference is set for 3/20/2014 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for Defendants shall place the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 3/10/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

58

NOTICE AND ORDER re 57 Notice and Order setting a status conference. Due to a scheduling conflict, the Status Conference presently set for 3/20/2014 9:30 AM is CONTINUED TO 3/24/2014 11:00 AM. Counsel for Defendants shall place the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 3/17/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

59

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Status Conference held on 3/24/2014. Parties to report status of settlement discussions to Judge Frazier by the end of April. (krm) (Entered: 04/03/2014)

March 24, 2014

March 24, 2014

60

STATUS REPORT - Joint Status Report by Michael Boyd, Paul Lee, Kendrick Pearson. (Lally, Kathleen) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

61

NOTICE AND ORDER: A Status Conference is set for 6/10/2014 at 9:30 AM via telephone before Magistrate Judge Frazier. Counsel for Defendants is responsible for placing the conference call. The telephone number for the Court is 618-439-7750. Signed by Magistrate Judge Philip M. Frazier on 5/6/2014. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

62

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Status Conference held on 6/10/2014. Appearances: Alan S. Mills, Kathleen Lally, Robert C. Collins III, for Plaintiffs. Christopher L. Higgerson, for Defendants. (Court Reporter N/A.) (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/11/2014)

June 10, 2014

June 10, 2014

63

NOTICE AND ORDER: The Final Pretrial Conference set for 7/10/2014 at 9:30 AM and Bench Trial set for 7/14/2014 at 9:00 AM before Judge J. Phil Gilbert in Benton are STRICKEN from the docket and to be reset at a later date. Signed by Magistrate Judge Philip M. Frazier on 7/8/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

64

NOTICE AND ORDER. A Status Conference isset for 9/23/2014 at 1:15 PM via telephone before Magistrate Judge Frazier. Counsel for Plaintiffs will be responsible for initiating the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 9/17/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

65

NOTICE AND ORDER Canceling the Status Conference set for 9/23/2014 1:15 PM before Magistrate Judge Frazier. This Order will confirm that the parties and the Court will meet at the Vienna Correctional Center at 9:00 AM on October 30, 2014. It is anticipated that Judge Gilbert will participate. It is requested that the Attorney General's Office make arrangements with the Department of Corrections to facilitate the visit. Signed by Magistrate Judge Philip M. Frazier on 9/23/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

66

Letter returning unsolicited correspondence from Alexander Howard (kls) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

67

Letter returning unsolicited correspondence from Phillip Hale (kls) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

68

ORDER: Preliminary draft of the joint proposed consent decree must be submitted by January 15, 2015. Signed by Magistrate Judge Philip M. Frazier on 10/31/14. (kos) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

69

MOTION for Extension of Time to File by Randy Davis, S.A. Godinez. (Higgerson, Christopher) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

70

ORDER granting 69 Motion for Extension of Time to File. In order to allow further discussion between the parties, the deadline to submit a preliminary joint proposed consent decree is hereby extended to February 17, 2015. Additionally, the parties are ORDERED to submit separate ex parte statements regarding the negotiation efforts for in camera review. The statements should include a short summary of the issues that are in agreement, what issues are still in dispute, and the parties' respective positions on the disputed issues. Counsel for the plaintiffs and the defendants are to submit their statements to Judge Frazier's proposed documents email account no later than January 23, 2015. Signed by Magistrate Judge Philip M. Frazier on 1/16/15. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

71

NOTICE of Hearing: Status Conference set for 2/6/2015 at 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for Defendants will be responsible for arranging the conference call. The telephone number for the Court is: 618-439-7750. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

72

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Status Conference held on 2/6/2015. The 2/17/2015 deadline for submitting the proposed consent decree is stricken and will be reset after 3/2/2015. (krm) (Entered: 02/09/2015)

Feb. 6, 2015

Feb. 6, 2015

73

Pro Se MOTION for Joinder by Joshua Wallace. (Attachments: # 1 Envelope)(mar) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

74

ORDER denying 73 Motion for Joinder. Signed by Magistrate Judge Philip M. Frazier on 3/24/15. (kos) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

75

ORDER: In light of the ongoing settlement negotiations, the deadline for submitting a consent decree will be reset in the near future. Signed by Magistrate Judge Philip M. Frazier on 4/3/15. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

76

NOTICE AND ORDER: A Status and Scheduling Conference is set before Magistrate Judge Frazier via telephone on 5/8/2015 10:00 AM for the purpose of setting a settlement conference. Counsel for Plaintiffs is responsible for placing the conference call. The telephone number for the Court is 618-439-7750. Signed by Magistrate Judge Philip M. Frazier on 4/22/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

77

Pro Se MOTION for Joinder by Renard Jones. (Attachments: # 1 Envelope)(anm) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

78

Pro Se MOTION for Joinder by Ralph Allston. (Attachments: # 1 Envelope)(mar) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

79

ORDER denying 77 Motion for Joinder. Signed by Magistrate Judge Philip M. Frazier on 4/27/15. (kos) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

80

ORDER denying 78 Motion for Joinder. Signed by Magistrate Judge Philip M. Frazier on 4/28/15. (kos) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

81

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Status and Scheduling Conference held on 5/8/2015. Settlement negotiations discussed. Counsel for the Defendants shall contact the Court regarding scheduling a settlement conference. Appearances for Plaintiffs: Kathleen Lally, Robert Collins III, Alan Mills. Appearances for Defendants: Christopher Higgerson, LaShonda Hunt, David Tracy. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

82

ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 6/25/2015 9:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. Signed by Magistrate Judge Philip M. Frazier on 5/26/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/26/2015)

May 26, 2015

May 26, 2015

83

ORDER REGARDING SETTLEMENT CONFERENCE: The Settlement Conference presently set before Magistrate Judge Frazier on 6/25/2015 at 9:00 AM at the Benton Courthouse will instead be held at the East St. Louis Courthouse (Visiting Judge's Courtroom) on 6/25/2015 beginning at 8:30 AM. Signed by Magistrate Judge Philip M. Frazier on 6/11/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

89

Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Settlement Conference held on 6/25/2015. Case did not settle. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/04/2016)

June 25, 2015

June 25, 2015

84

NOTICE of Hearing: IN PERSON Status Conference set for 1/26/2016 at 10:00 AM in Benton Courthouse before Judge J. Phil Gilbert. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

85

NOTICE of Hearing: IN PERSON Status Conference is Reset for 1/27/2016 at 10:30 AM in Benton Courthouse before Judge J. Phil Gilbert. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

86

NOTICE of Hearing: IN PERSON Status Conference is Reset for 2/9/2016 at 10:00 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the 1/27/2016 docket.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

87

NOTICE of Appearance by Robert L. Fanning on behalf of Randy Davis, S.A. Godinez (Fanning, Robert) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

88

MOTION to Substitute Attorney Robert Fanning in for Christopher Higgerson by Randy Davis, S.A. Godinez. (Fanning, Robert) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

90

ORDER, granting 88 MOTION to Substitute Attorney Robert Fanning in for Christopher Higgerson filed by Randy Davis, S.A. Godinez., Attorney Christopher L. Higgerson terminated. Signed by Judge J. Phil Gilbert on 2/5/2016. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

91

Minute Entry for proceedings held before Judge J. Phil Gilbert: Status Conference held on 2/9/2016. Counsel for the Plaintiff moves to continue this matter. Defendant has no objection to the continuance. The Court is hereby granting the oral motion to continue. IN PERSON Status Conference is set for 4/20/2016 at 10:00 AM in Benton Courthouse before Judge J. Phil Gilbert. (Court Reporter Stephanie Rennegarbe.) (tag) (Entered: 02/10/2016)

Feb. 9, 2016

Feb. 9, 2016

92

MOTION to Continue - Plaintiffs' Unopposed Motion to Continue In-Person Status Hearing by Michael Boyd, Paul Lee, Kendrick Pearson, J.B. Washup. (Lally, Kathleen) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

93

MINUTE ORDER re 92 MOTION to Continue IN PERSON Status Conference. The Court is hereby Granting 92 MOTION to Continue Status Conference. The IN PERSON Status Conference is Reset for 5/17/2016 at 9:30 AM in Benton Courthouse before Judge J. Phil Gilbert. This matter is STRICKEN from the 4/20/2016 docket. Signed by Judge J. Phil Gilbert on 4/15/2016. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

94

STATUS REPORT - Joint Status Report by Michael Boyd, Paul Lee, Kendrick Pearson, J.B. Washup. (Lally, Kathleen) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

95

NOTICE of Appearance by Dylan P. Grady on behalf of Randy Davis, S.A. Godinez (Grady, Dylan) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

96

Minute Entry for proceedings held before Judge J. Phil Gilbert: Status Conference held on 5/17/2016. Parties advise the Court that settlement discussions have stalled and they desire to proceed with litigation. Scheduling order to follow. (Court Reporter Stephanie Rennegarbe.) (tag) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

97

REVISED SCHEDULING AND DISCOVERY ORDER (PUTATIVE CLASS ACTION). Signed by Judge J. Phil Gilbert on 5/20/2016. (jdh) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

98

NOTICE of Hearing: Final Pretrial Conference is set for 1/11/2018 at 9:30 AM in Benton Courthouse before Judge J. Phil Gilbert. The Bench Trial is set for 1/22/2018 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/23/2016)

May 20, 2016

May 20, 2016

99

ADMINISTRATIVE ORDER 188 REASSIGNING CASE. Case reassigned to Chief Judge Michael J. Reagan for all further proceedings. Judge J. Phil Gilbert no longer assigned to case. All future pleadings shall bear the case number 12-704-MJR/PMF. Signed by Chief Judge Michael J. Reagan on 6/6/2016. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

Case Details

State / Territory:

Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 13, 2012

Closing Date: Sept. 7, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners at the Vienna Correctional Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections (Vienna, Johnson), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Southern District of Illinois 3:12-cv-00704

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Bathing and hygiene

Conditions of confinement

Fire safety

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Recreation / Exercise