Case: Henderson v. Thomas

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas (Filing fee $ 350.00 receipt number 4602017920.), filed by John Hicks, Dana Harley, Louis Henderson, Roosevelt James, Darrell Robinson, Ashley Dotson, April Stagner, Dwight Smith, Melinda Washington, Albert Knox. (Attachments: # 1 Receipt) (wcl, ) (Entered: 03/30/2011)

MOTION for Class Certification by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Proposed Order)(wcl, ) (Entered: 03/30/2011)

MEMORANDUM of Law in Support of 2 MOTION for Class Certification filed by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (wcl, ) (Entered: 03/30/2011)

Motion for Admission of Margaret Winter as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

Motion for Admission of Carl Takei as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

Summons Issued as to Robert Bentley, Kim Thomas, Billy Mitchem, Frank Albright, Bettina Carter, Edward Ellington and mailed CMRRR with copy of Complaint, Motions 2 , 4 , & 5 , and 3 Memorandum. (wcl, ) (Entered: 03/30/2011)

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Louis Henderson, Dana Harley, Darrell Robinson, Dwight Smith, Albert Knox, Roosevelt James, John Hicks, April Stagner, Ashley Dotson, Melinda Washington; Corporate Disclosures due by 4/11/2011. (Attachments: # 1 Corporate/Conflict Attachment)(wcl, ) (Entered: 03/30/2011)

ORDER granting 4 and 5 Motions for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 3/31/2011. (wcl, ) (Entered: 03/31/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by C. Thornton for Edward Ellington served on 3/31/2011, answer due 4/21/2011. (wcl, ) (Entered: 04/04/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by illegible for Robert Bentley served on 3/29/2011, answer due 4/19/2011. (wcl, ) (Entered: 04/04/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by Susie Mims for Frank Albright served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/04/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by B.S. Artis for Kim Thomas served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/05/2011)

Corporate/Conflict Disclosure Statement by Ashley Dotson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Corporate/Conflict Disclosure Statement by Dana Harley re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered:

Corporate/Conflict Disclosure Statement by John Hicks re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Corporate/Conflict Disclosure Statement by Albert Knox re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Corporate/Conflict Disclosure Statement by Darrell Robinson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Corporate/Conflict Disclosure Statement by Dwight Smith re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Corporate/Conflict Disclosure Statement by Melinda Washington re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by F. Roper for Bettina Carter served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by H. Whitacre for Billy Mitchem served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

NOTICE by Roosevelt James voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

NOTICE by April Stagner voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

Motion for Admission of Rose A. Saxe as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602018134.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 04/12/2011)

ORDER: pursuant to the 23 & 24 Notices of Voluntary Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that plfs Roosevelt James and April Stagner are dismissed and terminated as parties. Signed by Honorable Myron H. Thompson on 4/12/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 04/12/2011)

ORDER granting 25 Motion for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 4/12/2011. (wcl, ) (Entered: 04/12/2011)

MOTION for Extension of Time to File Special Report & Answer by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

Corporate/Conflict Disclosure Statement by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

ORDER granting 28 Motion for Extension of Time to Respond. Signed by Honorable Myron H. Thompson on 4/19/2011. (wcl, ) (Entered: 04/19/2011)

FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas, filed by John Hicks, Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, David Smith, Dwight Smith, Melinda Washington, Albert Knox.(Neal, Allison) Modified on 5/12/2011 to remove the erroneous filer Ashley Dotson and to add as also filed on behalf of James Douglas and David Smith (wcl, ). (Entered: 05/11/2011)

NOTICE by Ashley Dotson of Voluntary Dismissal (Neal, Allison) Modified on 5/11/2011 to reflect as filed only on behalf of Ashley Dotson (wcl, ). (Entered: 05/11/2011)

ORDER, pursuant to the 32 Notice of voluntary dismissal, it is the ORDER, JUDGMENT and DECREE of the court that plaintiff Ashley Dotson is dismissed and terminated as a party. Signed by Honorable Myron H. Thompson on 5/13/11. (Attachments: # 1 civil appeals checklist)(djy, ) Modified on 5/16/2011 to correct the docket text to reflect the correct name as Dotson and not Dotxon (wcl, ). (Entered: 05/13/2011)

MOTION to Dismiss by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Lunsford, William) (Entered: 05/25/2011)

BRIEF/MEMORANDUM in Support re 34 MOTION to Dismiss filed by Frank Albright, Robert Bentley, Bettina Carter, Billy Mitchem, Kim Thomas. (Attachments: # 1 Exhibit 1 − Affidavit of Tonitta Reese, # 2 Exhibit 2 − Affidavit of Debbie Hunt, # 3 Exhibit 3 − Leatherwood − Second Amended Complaint)(Lunsford, William) Modified on 5/26/2011 to add as also filed on behalf of Frank Albright, Robert Bentley, and Bettina Carter (wcl, ). (Entered: 05/25/2011)

***Attorney Anne Adams Hill, David Berman Block, Mitesh Shah, Janine Alicia McKinnon for Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, and Kim Thomas added pursuant to 34 Motion. (No PDF Attached) (wcl, ) (Entered: 05/26/2011)

ORDER re 34 MOTION to Dismiss. Motion Submission Deadline set for 7/8/2011 without oral argument, with any opposition brief due by 6/24/2011, and any reply to the opposition due by 7/8/2011. Signed by Honorable Judge Myron H. Thompson on 5/27/2011. (dmn) (Entered: 05/27/2011)

BRIEF/MEMORANDUM in Opposition re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1: DHHS website, # 3 Exhibit 2: Correspondence, # 4 Exhibit 3: Neal Declaration, # 5 Exhibit 4: Hatcher Declaration, # 6 Exhibit 5: Harley Declaration, # 7 Exhibit 6: Hunt Affidavit, # 8 Exhibit 7: Reese Affidavit, # 9 Exhibit 8: Limestone Instr., # 10 Exhibit 9: Tutwiler Instr., # 11 Exhibit 10: Limestone grievances, # 12 Exhibit 11: Tutwiler grievances)(Takei, Carl) (Main Document 37 replaced on 6/27/2011 to attach a corrected PDF document to include an e−signature and a certificate of service page) (wcl, ). Modified on 6/27/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 06/24/2011)

NOTICE of Correction re 37 BRIEF/MEMORANDUM in Opposition, to attach a corrected PDF document to include an e−signature and a certificate of service page. Previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner have been removed as filers. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 37 )(wcl, ) (Entered: 06/27/2011)

REPLY BRIEF re 37 BRIEF/MEMORANDUM in Opposition,,, filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 07/08/2011)

MOTION to Strike re 37 BRIEF/MEMORANDUM in Opposition, by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) Modified on 7/11/2011 to add link to 37 Memorandum of Law (wcl, ). (Entered: 07/08/2011)

ORDERED that all pending motions are set for oral argument on 8/30/2011, at 10:00 AM, in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/11/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/11/2011)

MOTION to Clarify re 41 Order Setting Hearing on Motion, MOTION to Continue date for oral argument to September 12, 2011 by Louis Henderson. (Winter, Margaret) (Entered: 07/15/2011)

ORDERED that, on or before 8/1/2011, dfts are to show cause, if any there be, in writing, as to why plfs' 2 Motion for Class Certification should not be granted. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (wcl, ) (Entered: 07/15/2011)

ORDERED as follows: (1) Plfs' 43 Motion for Clarification is granted; (2) Plfs' 2 Motion for Class Certification is included in the oral argument on "all" pending motions; (3) Plfs' 43 Motion for Postponement is granted; (4) Oral argument on all pending motions is reset for 9/16/2011, at 11:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/15/2011)

MEMORANDUM OF LAW in Opposition re 40 MOTION to Strike filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Takei, Carl) Modified on 7/26/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 07/25/2011)

MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit 1 − Atchison Affidavit, # 2 Exhibit 2 − Mitchem Affidavit, # 3 Exhibit 3 − Naglich Affidavit)(Lunsford, William) (Entered: 08/01/2011)

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No PDF Attached−See Docket Entry 47 ) (wcl, ) (Entered: 08/02/2011)

ORDER TO SHOW CAUSE by the plfs, if any there be, in writing, as to why the 47 Motion to Stay should not be granted; Show Cause Response due by 8/15/2011. Signed by Honorable Judge Myron H. Thompson on 8/3/2011. (wcl, ) (Entered: 08/03/2011)

RESPONSE to Motion re 47 MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification Plaintiffs' Response to Defendants' Motion to Stay or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification filed by Louis Henderson. (Winter, Margaret) (Entered: 08/15/2011)

NOTICE by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington re 37 BRIEF/MEMORANDUM in Opposition,,, (Attachments: # 1 Exhibit)(Neal, Allison) (Entered: 09/15/2011)

MOTION to Strike Plaintiffs' Declaration for Failure to Comply with Court's Order by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Shah, Mitesh) (Entered: 09/16/2011)

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 9/16/2011 re 40 MOTION to Strike filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 34 MOTION to Dismiss filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 2 MOTION to Certify Class filed by April Stagner, Roosevelt James, Louis Henderson, Darrell Robinson, Dwight Smith, Albert Knox, John Hicks, Ashley Dotson, Melinda Washington, Dana Harley (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/16/2011)

ORDERED that defendant Robert Bentley is dismissed as a party without prejudice. Signed by Honorable Judge Myron H. Thompson on 9/19/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

View on PACER

MOTION for Extension of Deadline re 54 Order, Set Deadlines,, by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 09/28/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on September 16, 2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/28/2011. (dmn, ) (Entered: 09/29/2011)

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal (Neal, Allison) (Entered: 09/29/2011)

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Hicks (Neal, Allison) (Entered: 09/29/2011)

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Washington (Neal, Allison) (Entered: 09/29/2011)

Second MOTION to Amend/Correct Complaint by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Neal, Allison) (Entered: 09/29/2011)

SECOND AMENDED COMPLAINT against All Defendants, filed by Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, Dwight Smith, Albert Knox, Alqadeer Hamlet, Jeffery Beyer, Bonita Graham.(Neal, Allison) Modified on 9/30/2011 (qc/djy, ). Modified on 10/3/2011 to add as also filed on behalf of Alqadeer Hamlet, Jeffery Beyer, Bonita Graham (wcl, ). (Entered: 09/29/2011)

BRIEF/MEMORANDUM in Opposition re 55 MOTION for Extension of Deadline re 54 Order, Set Deadlines, filed by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) Modified on 10/3/2011 to remove the previously terminated plfs Ashley Dotson, John Hicks, Roosevelt James, David Smith, April Stagner, and Melinda Washington as filers (wcl, ). (Entered: 09/30/2011)

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff John Hicks from this case. (djy, ) (Entered: 09/30/2011)

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff David Smith from this case. (djy, ) (Entered: 09/30/2011)

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff Melinda Washington from this case. (djy, ) (Entered: 09/30/2011)

NOTICE of Docket Correction re 61 Amended Complaint to indicate that leave of court has not yet been granted for filing this document (NO PDF document attached to this notice). (djy, ) (Entered: 09/30/2011)

ORDERED that: (1) The dfts' 55 Motion for Extension of Deadline for the Rule 26(f) Report is granted; (2) The Rule 26(f) discovery plan shall be filed as soon as practicable but not later than 10/17/2011; (3) The plfs' 60 Motion for Lea ve to File Second Amended Complaint is granted, as further set out in order; (4) Any response to the 61 Second Amended Complaint is due on 10/17/2011, as further set out in order; (5) Finally, the dfts are allowed until 10/17/2011, to file any stat ement as to how the addition of the three plfs will affect, if at all, class certification. Signed by Honorable Judge Myron H. Thompson on 10/3/2011. (wcl, ) (Main Document 66 replaced on 10/3/2011 to attach the correct PDF document due to a clerical error) (wcl, ). Modified on 10/3/2011 (wcl, ).

NOTICE of Correction re 66 Order, to attach the correct PDF document due to a clerical error. (Attachments: # 1 Correct Main PDF Document to Docket Entry 66 )(wcl, ) (Main Document 67 replaced on 10/4/2011 to attach a corrected PDF document to include the correct case number) (wcl, ). Modified on 10/4/2011 (wcl, ). (Entered: 10/03/2011)

NOTICE of Correction re 67 Notice of Correction, to attach a corrected PDF document to include the correct case number. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 67 )(wcl, ) (Entered: 10/04/2011)

RESPONSE to Motion re 60 Second MOTION to Amend/Correct Complaint pursuant to the Court's October 3, 2011 Order filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (McKinnon, Janine) (Entered: 10/10/2011)

REPORT of Rule 26(f) Planning Meeting. (Lunsford, William) (Entered: 10/17/2011)

Supplemental RESPONSE in Opposition re 2 MOTION to Certify Class based on the Second Amended Complaint filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Affidavit Supplemental Affidavit of Stephanie Atchison, # 2 Exhibit ADOC File for Jeffery Beyer, # 3 Exhibit ADOC File for Bonita Graham)(McKinnon, Janine) Modified on 10/18/2011 to clarify the docket text to reflect as a supplemental opposition (wcl, ). (Entered: 10/17/2011)

Joint MOTION for Protective Order by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order On Consent of the Parties Regarding HIV Disclosure, # 2 Text of Proposed Order On Consent of the Parties Regarding Confidential Discovery Materials)(Takei, Carl) Modified on 11/28/2011 to reflect as also filed on behalf of defendants (qc/djy, ). (Entered: 11/23/2011)

NOTICE of Docket Text Correction re 72 Joint MOTION for Protective Order to clarify text to indicate the motion was also filed on behalf of defendants (NO PDF Document attached to this notice). (djy, ) (Entered: 11/28/2011)

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING CONFIDENTIAL DISCOVERY MATERIALS granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING HIV DISCLOSURE granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order, # 2 List of Exhibits, # 3 Exhibit 1: Plaintiffs' Request for Production, Sept. 20, 2011, # 4 Exhibit 2: Defendants' Responses and Objections, Nov. 29, 2011)(Takei, Carl) (Entered: 12/06/2011)

ORDERED that the disputes in the 70 Rule 26(f) Report are referred to Magistrate Judge Wallace Capel for consideration and recommendation, with the understanding that the pretrial is set for 8/16/2012, and the trial is set for the term of court beginning on 9/17/2012, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/7/2011. (furn: Calendar, ag)(wcl, ) (Entered: 12/07/2011)

ORDER directing that a hearing on Plaintiff's 75 Motion to Compel and any disputed issue in the 70 Rule 26(f) Report is set for December 15, 2011 at 10:00 a.m., in Courtroom 5A, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, before the undersigned Magistrate Judge; further ORDERED that the parties shall meet and confer prior to the hearing in a good faith effort to resolve the disputed issues, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 12/8/11. (Furnished to Calendar and KG.)(scn, ) (Entered: 12/08/2011)

MOTION for Protective Order and Response to Plaintiffs' Motion to Compel Production by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(McKinnon, Janine) (Entered: 12/13/2011)

RESPONSE to Motion re 75 First MOTION to Compel Production filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No pdf attached−See docket entry 78 ) (wcl, ) (Entered: 12/14/2011)

Minute Entry for Motion Hearing re 75 First Motion to Compel Production held before Honorable Judge Wallace Capel, on 12/15/2011 (PDF available for court use only). (Recording Time 10:07−12:09.) (cb, ) (Entered: 12/15/2011)

ORAL MOTION to Withdraw 75 First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (cb, ) (Entered: 12/15/2011)

ORAL ORDER granting ORAL Motion to Withdraw 75 First MOTION to Compel Production. ( 75 Motion to Compel terminated per this Order). Signed by Honorable Judge Wallace Capel, Jr on 12/15/2011. (cb, ) (Entered: 12/15/2011)

ORDER denying 78 Motion for Protective Order. Signed by Honorable Judge Wallace Capel, Jr on 12/20/2011. (wcl, ) (Entered: 12/20/2011)

MOTION for Leave to File STIPULATED ORDER REGARDING IMMEDIATE DISCOVERY AND AMENDED RULE 26(f) REPORT by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 12/20/2011)

RESPONSE in Opposition re 2 MOTION to Certify Class (The State's Second Supplemental Opposition to Plaintiffs' Motion for Class Certification) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

BRIEF/MEMORANDUM in Support re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss (Supplemental Memorandum in Support of the State's Motion to Dismiss) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

Joint MOTION to Continue by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/27/2012)

RESPONSE to Motion re 34 MOTION to Dismiss, 2 MOTION to Certify Class in Response to 82 State's Second Supplemental Opposition to the Plaintiffs' Motion for Class Certification and to 83 State's Supplemental Memorandum in Support of the State's Motion to Dismiss filed by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) (Entered: 02/17/2012)

Second MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Exhibit 1: Plaintiffs' First Request for Production of Documents, # 2 Exhibit 2: Defendants' Objections and Responses, # 3 Exhibit 3: Letter from Carl Takei to William Lunsford, January 27, 2012, # 4 Exhibit 4: Email from William Lunsford to Carl Takei, February 8, 2012, # 5 Exhibit 5: ADOC Classification Manual, # 6 Exhibit 6: Declaration of James Austin, # 7 Exhibit 7: Louis Henderson Classification Summary, # 8 Text of Proposed Order)(Takei, Carl) (Entered: 02/17/2012)

ORDERED that Dft shall, on or before 3/1/2012, show cause as to why the 86 Motion to Compel should not be granted; and Plf shall, on or before 3/1/2012, show cause as to why the Qualified HIPAA Protective Order as proposed by Dft should not be entered. Signed by Honorable Judge Wallace Capel, Jr on 2/23/2012. (wcl, ) (Entered: 02/23/2012)

RESPONSE in Opposition re 87 MOTION for Entry of Qualified HIPAA Protective Order, Plaintiffs' Opposition to Defendants' Motion for Entry of Qualified HIPAA Protective Order , filed by Louis Henderson, Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Exhibit QUALIFIED HIPAA PROTECTIVE ORDER)(Takei, Carl) (Additional attachment(s) added on 2/29/2012: # 2 Corrected Certificate of Service) (wcl, ). Modified on 2/29/2012 to add as also filed on behalf of Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Albert Knox, Darrell Robinson, Dwight Smith (wcl, ). (Entered: 02/28/2012)

RESPONSE in Opposition re 86 Second MOTION to Compel Production filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 03/01/2012)

REPLY BRIEF re 85 Response to Motion, The State's Reply to Plaintiffs' Response to the State's Second Supplemental Opposition to Plaintiffs' Motion for Class Certification and to the State's Supplemental Memorandum in Support of the State's Motion to Dismiss filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 03/02/2012)

ORDER denying as moot 86 Motion to Compel; ORDER granting in part and denying in part 87 Motion for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 3/5/2012. (wcl, ) (Entered: 03/05/2012)

QUALIFIED HIPAA PROTECTIVE ORDER, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 3/12/12. (djy, ) (Entered: 03/12/2012)

(WITHDRAWN PURSUANT TO 97 ORDER) Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602022050.) by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 NY State Supreme Court Certificate of Good Standing, # 4 Receipt)(wcl, ) Modified on 3/19/2012 (wcl, ). (Entered: 03/14/2012)

NOTICE of Deficiency re 94 Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice.(wcl, ) (Entered: 03/14/2012)

NOTICE of Withdrawal by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith re 94 Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice. (Takei, Carl) Modified on 3/19/2012 to clarify the docket text (wcl, ). (Entered: 03/16/2012)

MOTION to Withdraw 94 Motion for Jennifer Wedekind to Appear Pro Hac Vice by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (NO PDF Document attached−See Docket Entry 96 ). (djy, ) (Entered: 03/16/2012)