Case: Lane v. Lombardi

COMPLAINT against All Defendants filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Filing fee $350, receipt number 0866-3193696. Service due by 12/10/2012. (Attachments: # 1 Civil Cover Sheet)(Rothert, Anthony) (Entered: 08/09/2012)

1 Civil Cover Sheet

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MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 8/27/2012 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 08/10/2012)

SUGGESTIONS in support re 2 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Attachments: # 1 Exhibit Declaration of Bobbie Y. Lane)(Related document(s) 2 ) (Rothert, Anthony) (Entered: 08/10/2012)

1 Exhibit Declaration of Bobbie Y. Lane

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MOTION to certify class filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 8/27/2012 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 08/10/2012)

SUGGESTIONS in support re 4 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 08/10/2012)

ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Signed on 8/10/12 by Magistrate Judge Matt J. Whitworth. This is a TEXT ONLY ENTRY. No document is attached. (James, Carrie) (Entered: 08/10/2012)

Notice of EAP assignment to United States Magistrate Judge Matt J. Whitworth. (Attachments: # 1 General Order)(James, Carrie) (Entered: 08/10/2012)

1 General Order

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RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. Mariann B. Atwell served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. Dave Dormire served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. George A. Lombardi served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

NOTICE of appearance by Emily A. Dodge on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi (Dodge, Emily) (Entered: 08/28/2012)

MOTION for extension of time filed by Emily A. Dodge on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi. Suggestions in opposition/response due by 9/14/2012 unless otherwise directed by the court. (Dodge, Emily) (Entered: 08/28/2012)

ORDER entered by Judge Nanette Laughrey. Defendant's Motion for Extension of Time to Respond 12 is GRANTED. Defendant's response to Plaintiff's Motion for Preliminary Injunction 2, Motion for Class Certification 4, and Cross-Action Complaint for Declaratory and Injunctive Relief 1 is due on or before September 19, 2012. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 08/29/2012)

NOTICE of appearance by Elizabeth Callahan on behalf of All Defendants (Callahan, Elizabeth) (Entered: 09/19/2012)

ANSWER to 1 Complaint, on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi.(Dodge, Emily) (Entered: 09/19/2012)

SUGGESTIONS in opposition re 4 MOTION to certify class filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 10/9/2012 unless otherwise directed by the court (Related document(s) 4 ) (Dodge, Emily) (Entered: 09/19/2012)

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 10/9/2012 unless otherwise directed by the court (Attachments: # 1 Affidavit Dave Dormire, # 2 Affidavit Wilma Morgan, # 3 Affidavit Sylvia Fitzwater)(Related document(s) 2 ) (Dodge, Emily) (Entered: 09/19/2012)

1 Affidavit Dave Dormire

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2 Affidavit Wilma Morgan

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3 Affidavit Sylvia Fitzwater

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Consent MOTION for extension of time to file response/reply as to 2 MOTION for preliminary injunction through and including October 19, 2012, filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 10/22/2012 unless otherwise directed by the court. (Related document(s) 2 ) (Rothert, Anthony) (Entered: 10/04/2012)

REPLY SUGGESTIONS to motion re 4 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 10/05/2012)

ORDER by Judge Nanette Laughrey. Plaintiff's Motion for Extension of Time to File 18 is GRANTED. Plaintiff's reply is due on or before October 19, 2012. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 10/10/2012)

REPLY SUGGESTIONS to motion re 2 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 2 ) (Rothert, Anthony) (Entered: 10/15/2012)

ORDER entered by Judge Nanette Laughrey. the Court finds that class certification is appropriate in this case. Accordingly, Plaintiff's Motion [Doc. # 4] is GRANTED. Pursuant to Fed. R. Civ. P. 23(c), the Court certifies the following class: All current and future publishers, distributors, and authors of written materials, who mail books, publications, or other written materials to inmates incarcerated in prisons operated by MODOC. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints Grant R. Doty and Anthony E. Rothert, of the ACLU of Eastern Missouri, and Stephen Douglas Bonney, of the ACLU of Kansas & Western Missouri, as Class counsel. (Kanies, Renea)

ORDER entered by Judge Nanette Laughrey. Plaintiff's Motion for a Preliminary Injunction [Doc. # 2] is GRANTED. Defendants are required to provide notice and an opportunity to appeal to senders whose communications with prisoners are censored or seized by Defendants or their officers, agents, or subordinate employees. (Kanies, Renea) (Entered: 11/15/2012)

Settlement Conference set for 1/15/2013 10:00 AM in Magistrate Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. (Price, Jackie) (Entered: 11/20/2012)

AMENDED** NOTICE OF HEARING - This is the official notice for this hearing. Settlement Conference set for 1/15/2013 10:00 AM in **Magistrate Courtroom 3A, Jefferson City (MJW) before Magistrate Judge Matt J. Whitworth. THIS IS A CHANGE IN LOCATION AND JUDGE ONLY. TEXT ENTRY ONLY - no document is attached. (Price, Jackie) (Entered: 01/08/2013)

Minute Entry. Proceedings held before Magistrate Judge Matt J. Whitworth: SETTLEMENT CONFERENCE held on 1/15/2013. Counsel Grant Doty, Anthony Rothert, Emily Dodge and Elizabeth Callahan participated in person. Case settled. Case requires an approval hearing before the district judge. Confidential settlement record made. TEXT ENTRY ONLY - no document is attached. To order a transcript of this hearing please contact Jackie Price, 573-636-4015. (Price, Jackie) (Entered: 01/15/2013)

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 1/28/2013 at 10:00 AM regarding the settlement approval hearing. The parties shall call 877-336-1828, access code 8503666 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 01/23/2013)

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 1/31/2013 at 9:30 AM regarding the settlement approval hearing. The parties shall call 877-336-1828, access code 8503666 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 01/23/2013)

MINUTE ENTRY. Teleconference held before Judge Nanette Laughrey on January 31, 2013. Time: 9:30 a.m. 9:38 a.m. Comments: Teleconference held regarding a settlement approval hearing. Lance Weber, counsel for Prison Legal News, requested permission to listen to the conference call. No party had an objection. The Court permitted Mr. Weber to listen in on the conference call. The parties stated that final review of documents needs to be completed and notice published in two major newspapers and on the ACLU's website prior to the settlement approval hearing. The plaintiff will file a motion for approval of settlement by early March. The Court set a final settlement approval hearing for May 21, 2013, at 10:00 a.m. in Jefferson City. All parties stated they are available on this date. Plaintiffs by: Grant Doty and Douglas Bonney. Defendants by: Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Kanies. (Kanies, Renea) (TEXT ENTRY ONLY - NO DOCUMENT ATTACHED) (Entered: 01/31/2013)

Joint MOTION to continue Final Settlement Approval Hearing filed by Emily A. Dodge on behalf of All PARTIES. Suggestions in opposition/response due by 4/22/2013 unless otherwise directed by the court. (Dodge, Emily) Modified on 4/5/2013 to reflect document filed on behalf of all parties (Lock, Tania). (Entered: 04/05/2013)

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion to Continue 30 is GRANTED. The final settlement approval hearing currently set for May 21, 2013, will be rescheduled to a date on or after October 1, 2013. This is a TEXT ONLY ENTRY. No document is attached.(Smith, Fran) (Entered: 04/05/2013)

NOTICE of filing Notice of Change of Address by Mariann B. Atwell, Dave Dormire, George A. Lombardi (Callahan, Elizabeth) (Entered: 10/04/2013)

NOTICE of appearance by Gillian R. Wilcox on behalf of Bobbie Y. Lane d/b/a Caged Potential (Attorney Gillian R. Wilcox added to party Bobbie Y. Lane d/b/a Caged Potential(pty:pla))(Wilcox, Gillian) (Entered: 03/11/2014)

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 3/26/2014 at 10:30 AM regarding the status of the case. The parties shall call conference number 877-336-1828, access code: 8503666 to participate in the call. This is a TEXT ONLY ENTRY. No document is attached. (Matthes, Renea) (Entered: 03/24/2014)

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on March 26, 2014. Time: 10:30 a.m. to 10:40 a.m. Teleconference held regarding the status of the case. Mr. Rothert stated the parties have reached a settlement and the parties have agreed on the settlement agreement and the notice to the class regarding the settlement. The Court directed the parties to file a motion to approve their proposed notice to the class and to include in that motion how the parties plan to distribute notice to the class. After the notice is approved, the case will then be set for a fairness hearing and the parties shall submit the settlement agreement and a proposed order approving the settlement to the Court. The parties discussed how to most effectively distribute notice and agreed they will work with each other regarding publication of the notice. Mr. Rothert stated they will file the motion to approve class notice by Friday, March 28, and the case should be ready for a fairness hearing in 3-4 weeks. Appearances: Plaintiff by Anthony Rothert, Stephen Bonney, and Gillian Wilcox. Defendant by Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Matthes. (Matthes, Renea) (Entered: 03/26/2014)

Joint MOTION for order approving and directing notice to certified class, establishing deadline for objections to proposed settlement, and scheduling a fairness hearing filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 4/14/2014 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Settlement, # 2 Exhibit Proposed Notice)(Rothert, Anthony) (Entered: 03/27/2014)

1 Exhibit Proposed Settlement

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2 Exhibit Proposed Notice

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ORDER entered by Judge Nanette Laughrey. The Parties Joint Motion to Approve and Direct Notice of Settlement to the Certified Class, 36 , is GRANTED. The Parties shall complete the notice process no later than 30 days from the date of this Order. The period in which class members may file objections shall expire 90 days from the date of this Order. A fairness hearing is set for 07/01/2014, at 10:00 a.m., in District Courtroom 4A, Jefferson City, Missouri. (Cross, Ashley)

Joint MOTION for extension of time from April 28, 2014, to May 8, 2014, in which to publish notice of settlement in Prison Legal News filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 4/21/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 04/04/2014)

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion to Modify Order, 38, is GRANTED. Plaintiff is ordered to direct notice by publication in Prison Legal News on or before May 8, 2014. This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 04/04/2014)

OBJECTION to settlement by Michael S. Connors. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

OBJECTION to settlement by Thurman Fuller Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

OBJECTION to settlement by Enoch Sellassie Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

MOTION to intervene filed by Christopher Wirth, Christopher Donnelly, Jonathan Rich, Adam Klebold, Edward Breivik, James Jahar Thule. Suggestions in opposition/response due by 6/16/2014 unless otherwise directed by the court. (Bax, Laura) (Entered: 05/28/2014)

OBJECTION to settlement by Kevin William. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/30/2014)

OBJECTIONS to settlement by Roderick Nunley. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 06/02/2014)

RESPONSE to motion re 43 MOTION to intervene filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. Reply suggestions due by 6/23/2014 unless otherwise directed by the court (Rothert, Anthony) (Entered: 06/06/2014)

OBJECTIONS to settlement by David G. White. (James, Carrie) (Entered: 06/09/2014)

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A teleconference is set for 6/16/2014 at 02:30 PM to discuss the settlement objections filed by current and former inmates. The Parties shall call 877-336-1828. Access code is 8503666.This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 06/11/2014)

OBJECTION to Settlement by Billy Turner. (Attachments: # 1 Exhibit, # 2 Envelope)(Chorny, Traci) (Entered: 06/13/2014)

1 Exhibit

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2 Envelope

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MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on June 16, 2014. Time: 2:30 p.m. to 2:39 p.m. Teleconference held. The Court discussed with the Parties what procedure they believe should be followed to address inmate objections to the settlement. The Parties agreed that there is no need to make arrangements for the inmate objectors to appear in person at the fairness hearing and that addressing the written objections will be sufficient. The Parties also agreed that it is likely that the inmates are not members of the class because inmates are not allowed to send mail to each other while incarcerated, although there could be exceptions in certain circumstances. The Court will proceed with the fairness hearing scheduled for July 1, 2014. Appearnaces: Plaintiff by Anthony Rothert and Stephen Bonney and Defendant by Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Matthes. (Text entry only - no document attached) (Matthes, Renea) (Entered: 06/16/2014)

OBJECTIONS (non motions) to settlement by Maejed Inc.. (Attachments: # 1 Envelope)(James, Carrie) (Entered: 06/16/2014)

1 Envelope

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SUGGESTIONS in opposition re 43 MOTION to intervene filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 7/3/2014 unless otherwise directed by the court (Related document(s) 43 ) (Dodge, Emily) (Entered: 06/16/2014)

OBJECTIONS (non motions) to settlement by Maejed Inc.. (Attachments: # 1 Envelope)(Martin, Jan) Modified on 6/18/2014 - document deleted as it was duplicative to document no. 51. (Bax, Laura). (Entered: 06/17/2014)

OBJECTIONS (non motions)to Settlement by James Boley re 37 Order on Motion for Miscellaneous Relief,. Related document: 37 Order on Motion for Miscellaneous Relief,. (Attachments: # 1 Envelope)(James, Carrie) (Entered: 06/18/2014)

1 Envelope

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ORDER SETTING TELECONFERENCE. As requested by the Parties, a teleconference is set for 6/24/2014 at 10:00 AM to correct information previously provided to the Court. This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 06/23/2014)

Movants Donnelly, Wirth, Rich, Breivik, Thule, and Klebold's Motion to Intervene, 43 , is DENIED. A copy of this Order was mailed on 6/25/14 to each Movant at the addresses listed on the docket. (Cross, Ashley)

ORDER. Settlement Agreement is approved. It is further ordered that pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs' claims are dismissed with prejudice. Signed on 10/22/14 by District Judge Nanette K. Laughrey. (Matthes, Renea)