Supreme Court of the United States

COMPLAINT against Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood ( Filing fee $ 400 receipt number 053N-956181.), filed by Elzie Ball, James Magee, Nathaniel Code. (Attachments: # 1 Cover sheet, # 2 Related case)(Montagnes, Mercedes) (Entered: 06/10/2013)

1 Cover sheet

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2 Related case

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NOTICE of Civil Cover Sheet by Elzie Ball, Nathaniel Code, James Magee (Montagnes, Mercedes) (Entered: 06/10/2013)

NOTICE of Summons by Elzie Ball, Nathaniel Code, James Magee (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Montagnes, Mercedes) (Entered: 06/10/2013)

Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 06/10/2013)

MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) Modified to edit text on 6/10/2013 (SMG). (Entered: 06/10/2013)

MOTION for Nilay U Vora to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956279) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) (Entered: 06/10/2013)

ORDER granting 6 Ex Parte Motion for Admission Pro Hac Vice. Nilay U. Vora admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)

ORDER granting 5 Ex Parte Motion for Admission Pro Hac Vice. Mitchell A. Kamin admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)

MOTION(S) REFERRED: 5 MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260). This motion is now pending before the USMJ. (SMG)

Motions Referred

SUMMONS Returned Executed by Elzie Ball, James Magee, Nathaniel Code. All Defendants. (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service)(Montagnes, Mercedes) (Entered: 06/11/2013)

MOTION for Jessica Kornberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956782) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Certificates, # 2 Affidavit)(Montagnes, Mercedes) (Entered: 06/11/2013)

ORDER granting 10 Ex Parte Motion for Admission Pro Hac Vice. Jessica Kornberg admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/11/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/11/2013)

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit)(Montagnes, Mercedes) (Entered: 06/18/2013)

MOTION for Expedited Hearing on 12 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Montagnes, Mercedes) (Entered: 06/18/2013)

ORDER granting 13 Motion for Expedited Hearing on Motion for Preliminary Injunction. Hearing on 12 MOTION for Preliminary Injunction set for 7/2/2013 at 09:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Plaintiffs' request that the Court waive the security requirenment of FRCP 65 shall also be heard at this time. Defendants shall file memo in opposition to Motion for Preliminary Injunction no later than 6/28/2013 at 5:00 p.m. Signed by Chief Judge Brian A. Jackson on 6/24/2013. (PJH) (Entered: 06/24/2013)

Set/Reset Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 12 MOTION for Preliminary Injunction . (PJH)

MEMORANDUM in Opposition to 12 MOTION for Preliminary Injunction filed by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Affidavit Exhibit A)(Wilson, Jacqueline) (Entered: 06/28/2013)

MOTION to Strike by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(Wilson, Jacqueline) (Entered: 06/28/2013)

MOTION for Expedited Hearing on 16 MOTION to Strike by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 06/28/2013)

MOTION for Extension of Time to File Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 06/28/2013)

ORDER granting 18 Ex Parte Motion for Extension of Time to File Responsive Pleadings. Defendants' responsive pleadings due by 7/23/2013. Signed by Magistrate Judge Stephen C. Riedlinger on 6/28/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/28/2013)

Set/Reset Deadlines: Burl Cain answer due 7/23/2013; James M. LeBlanc answer due 7/23/2013; Louisiana Department of Public Safety and Corrections answer due 7/23/2013; Angie Norwood answer due 7/23/2013. (JDL)

Set/Reset Deadlines

RESPONSE in Opposition to 16 MOTION to Strike filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Montagnes, Mercedes) (Entered: 07/01/2013)

Proposed Findings of Fact by Elzie Ball, Nathaniel Code, James Magee. (Montagnes, Mercedes) (Entered: 07/01/2013)

MOTION for Leave to File Supplemental Affidavits in Opposition to 12 Motion for Preliminary Injunction and Incorporated Memorandum by All Defendants. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Supplemental Affidavit of Vannoy, # 3 Proposed Pleading; Singh Affidavit)(Wilson, Jacqueline) Modified to edit text and docket relationship on 7/2/2013 (SMG). (Entered: 07/01/2013)

MOTION for Expedited Hearing on 22 MOTION for Leave to File Supplemental Affidavits by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/01/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Motion Hearing held on 7/2/2013 re 12 MOTION for Preliminary Injunction filed by Nathaniel Code, Elzie Ball, James Magee, 16 MOTION to Strike Exhibits filed by Burl Cain, Angie Norwood, James M. LeBlanc, Louisiana Department of Public Safety and Corrections. Counsel presents oral argument to the Court. The Court defers ruling on Motion for Preliminary Injunction and Motion to Strike Exhibits until the evidentiary hearing scheduled for 8/5/2013 at 2:00 p.m., in Courtroom 2. Trial of this matter on the merits will commence immediately following the evidentiary hearing. Parties shall meet, confer, and develop a joint proposed discovery plan, as stated herein, and submitted their joint proposed discovery plan to the Court no later than 5:00 p.m. on 7/9/2013. Court will issue discovery order by 7/10/2013. Defendants shall begin 21 day collection of data on 7/15/2013. Matter will be scheduled for ptrl cnf prior to the 8/5/2013 hearing.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 07/02/2013)

Set/Reset Deadlines

Set/Reset Deadlines: Joint Proposed Discovery Plan due no later than 5:00 PM on 7/9/2013. (JDL)

MOTION to Enroll Amy L. McInnis as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/09/2013)

Proposed Scheduling Order by All Plaintiffs. (Montagnes, Mercedes) (Entered: 07/09/2013)

ORDER granting 25 Motion to Enroll as Additional Counsel. Added attorney Amy L. McInnis for James M. LeBlanc, Burl Cain, Angie Norwood and Louisiana Department of Public Safety and Corrections. Signed by Magistrate Judge Stephen C. Riedlinger on 7/9/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 07/09/2013)

SCHEDULING ORDER: Discovery deadlines are established as stated herein. Proposed Pretrial Order due by 7/30/2013. Pretrial Conference set for 7/31/2013 at 03:30 PM in chambers before Chief Judge Brian A. Jackson. Discovery conference with United States Magistrate Judge Stephen C. Riedlinger is scheduled for 7/23/2013. Parties shall be responsible for contacting Judge Riedlinger's chambers to set the time and location of the conference.. Signed by Chief Judge Brian A. Jackson on 7/10/2013. (PJH) (Entered: 07/10/2013)

MOTION to Appoint Third Party Expert /Proposed Expert Data Collection by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Montagnes, Mercedes) Modified to edit text on 7/11/2013 (SMG). Modified on 7/11/2013 to edit event type to a motion (NLT). (Entered: 07/10/2013)

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Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Proposed Pretrial Order due by 7/30/2013 at 12:00 PM. Evidentiary Hearing and Trial set for 8/5/2013 at 2:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. (JDL)

Set/Reset Deadlines: Daubert Motions and Motions In Limine shall be filed by 7/26/2013. (JDL)

Set/Reset Deadlines

MOTION to Substitute 29 MOTION to Appoint Third Party Expert To Address Typographical Errors by All Plaintiffs. (Attachments: # 1 Attachment Corrected document)(Montagnes, Mercedes) Modified to edit text on 7/11/2013 (SMG). (Entered: 07/11/2013)

Emergency Brief regarding Defendants Submission of Proposed Independent Expert. (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)(Wilson, Jacqueline) (Entered: 07/11/2013)

1 Exhibit A

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4 Exhibit D

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5 Exhibit E

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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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MOTION for Expedited Consideration on 31 Emergency Brief regarding Defendants Submission of Proposed Independent Expert by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) Modified to edit text on 7/11/2013 (SMG). (Entered: 07/11/2013)

1 Proposed Pleading; Order

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ORDER regarding 29 Plaintiff's Proposed Expert Data Collection filed by Nathaniel Code, Elzie Ball, James Magee: The Defendants shall file a memorandum in response no later than 5:00 p.m. on 7/11/2013. Signed by Chief Judge Brian A. Jackson on 07/11/2013. (SMG) (Entered: 07/11/2013)

ORDER... Defendants Motion for Expedited Consideration (Doc. 32)is GRANTED. Plaintiffs Proposed Expert Data Collection(Doc. 29) and Defendants Submission of Proposed Independent Expert (Doc. 31) shall be heard with oral argument on Friday, July 12, 2013 at 11:30 a.m. via a telephone conference. Counsel for Defendants shall be responsible for initiating the conference call to opposing counsel and the Court, or in the alternative, obtaining a conference call-in number, and notifying the Court and opposing counsel of the conference call-in number and pass code.. Signed by Chief Judge Brian A. Jackson on 7/12/2013. (PJH) (Entered: 07/12/2013)

MOTION for emergency status Conference by All Plaintiffs. (Montagnes, Mercedes) (Entered: 07/12/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 7/12/2013. Counsel for Plaintiffs agreed toDefendants proposed expert, U.S. Risk Management. Counsel for Defendants further agreed to confirm with Defendants that they will seek no more than $10,000.00 in related expert costs at the conclusion of this litigation, if permitted. Parties also agreed to contact United States Magistrate Judge Stephen Riedlinger to schedule a settlement conference. Defendants Submission of Proposed Independent Expert (Doc. 31) is GRANTED. Plaintiffs Proposed Expert Data Collection (Doc. 29) is DENIED. Defendants are authorized to retain U.S. Risk Management for the purposes of i nstalling the necessary equipment, collecting the required data, and disseminating such data, as ordered by theCourt. See Docs. 24, 28. Defendants are authorized to retain U.S.Risk Management for the purposes of installing the necessary equipment, collecting the required data, and disseminating such data, as ordered by the Court. See Docs. 24, 28. Defendants shall ensure that the necessary equipment is installed in each of the death row tiers and in multiple locations throughout each tier, including empty inmate cells and/or inmate cells numbered six or higher, so that the most accurate data can be collected. Plaintiffs shall be permitted to retain an own expert to shadow U.S. Risk Management. Plaintiffs shall identify one individual, who shall be permitted to shadow U.S. Risk Management during the installation of the necessary equipment, and inspect the equipment at least once per week. However, Plaintiffs shall bear all costs of retaining such expert. (PJH) (Main Document 36 replaced on 7/15/2013) (PJH). Modified on 7/15/2013 to replace with signed document (PJH). Modified on 8/29/2013 to edit text (PJH). (Entered: 07/12/2013)

ORDER denying 35 Emergency Motion for Status Conference, without prejudice to Plaintiff's right to re-file the motion, as stated herein. The parties are cautioned, once again, that the Court is not inclined to be involved in each and every dispute that the parties have over the coming weeks. The parties are further encouraged to do everything within their power to resolve such issues before taking up the limited resources of the Court. Signed by Chief Judge Brian A. Jackson on 7/12/2013. (PJH) (Entered: 07/12/2013)

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Telephone Conference set for 7/12/2013 at 11:30 AM before Chief Judge Brian A. Jackson. Counsel for Defendants shall be responsible for initiating the conference call toopposing counsel and the Court, or in the alternative, obtaining a conference call-innumber, and notifying the Court and opposing counsel of the conference call-in number andpass code.(PJH)

Set/Reset Deadlines/Hearings

ANSWER to 1 Complaint, by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood.(Wilson, Jacqueline) (Entered: 07/13/2013)

Unopposed MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) by All Defendants. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 07/16/2013)

ORDER granting 39 MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) on 7/19/2013. Signed by Magistrate Judge Stephen C. Riedlinger on 07/17/2013. (SMG) Modified to edit text on 7/17/2013 (SMG). (Entered: 07/17/2013)

Motions Referred

MOTION(S) REFERRED: 39 Unopposed MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) . This motion is now pending before the USMJ. (SMG)

ORDER Setting Discovery Conference for July 23, 2013 at 1:00 p.m. Counsel for the plaintiffs shall arrange a conference call and provide the court and counsel for the defendants with the call-in number or other instructions. The conference will be canceled if counsel for the parties agree and advise the court that it is not needed. Signed by Magistrate Judge Stephen C. Riedlinger on 7/18/2013. (LLH) (Entered: 07/18/2013)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Discovery Conference set for 7/23/2013 at 01:00 PM before Magistrate Judge Stephen C. Riedlinger. (LLH)

Joint MOTION for Protective Order by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Protective Order)(Wilson, Jacqueline) (Main Document 42 replaced on 7/25/2013) (SMG). (Entered: 07/23/2013)

MINUTE ENTRY/RULING ON DISCOVERY DISPUTE: Discovery Conference held on 7/23/2013 before Magistrate Judge Stephen C. Riedlinger. Several discovery disputes were resolved at the conference, and three matters were held over until 7/25/2013. Following the settlement conference held on that date, the three remaining discovery disputes were resolved. Dfts were ordered to file their supplemental discovery responses by 5:00 p.m. on 7/29/2013. This ruling briefly recounts those discovery requests as to which a supplemental response is due... (BNW) (Entered: 07/29/2013)

ORDER granting 42 Motion for Protective Order. Signed by Magistrate Judge Stephen C. Riedlinger on 07/24/2013. (SMG) (Entered: 07/24/2013)

NOTICE TO COUNSEL: STATUS CONFERENCE/SETTLEMENT CONFERENCE set for 7/25/2013 at 1:00 PM in chambers before Magistrate Judge Stephen C. Riedlinger. [PLEASE NOTE: There will be NO CONFERENCE on this date at 10:30 a.m.] (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BNW) Modified on 7/24/2013 (BNW). (Entered: 07/24/2013)

Motions Referred

MOTION(S) REFERRED: 42 Joint MOTION for Protective Order . This motion is now pending before the USMJ. (SMG)

MOTION for Writ of Habeas Corpus ad testificandum by Elzie Ball. (Compa, Elizabeth) (Entered: 07/25/2013)

MOTION for Writ of Habeas Corpus ad testificandum by Nathaniel Code. (Compa, Elizabeth) (Entered: 07/25/2013)

MOTION for Writ of Habeas Corpus ad testificandum by James Magee. (Compa, Elizabeth) (Entered: 07/25/2013)

MINUTE ENTRY/SETTLEMENT CONFERENCE REPORT: Settlement Conference held on 7/25/2013 before Magistrate Judge Stephen C. Riedlinger. No settlement was reached at the conference. Case remains assigned for a preliminary injunction hearing and trial beginning August 5, 2013. (BNW) (Entered: 07/26/2013)

MOTION(S) REFERRED: 47 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (LLH)

MOTION(S) REFERRED: 45 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (CGP)

Motions Referred

MOTION(S) REFERRED: 46 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (CGP)

Motions No Longer Referred

Motions No Longer Referred: 47 MOTION for Writ of Habeas Corpus ad testificandum, 45 MOTION for Writ of Habeas Corpus ad testificandum, 46 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USDJ. (NLT)

Supplemental RESPONSE to Discovery Request by All Defendants.(McInnis, Amy) Modified on 7/30/2013 (LLH). (Entered: 07/29/2013)

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Bench Trial in this matter is reset for 8/5/2013 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. *** THIS IS A TIME CHANGE ONLY.(PJH) (Entered: 07/30/2013)

Joint MOTION to Extend Deadline to File Pre-Trial Order by All Defendants. (McInnis, Amy) Modified on 7/30/2013 to edit text (CGP). (Entered: 07/30/2013)

Proposed Pretrial Order by All Plaintiffs. (Attachments: # 1 Statement of Undisputed Facts, # 2 Def. Statement, # 3 Pl. Statement, # 4 Exhibit List Def., # 5 Pl. Obj. Exhibit List, # 6 Exhibit List Pl., # 7 Def. Obj. Exhibit List, # 8 Def. Findings of Fact and Conclusions of Law, # 9 Pl. Findings of Fact and Conclusions of Law, # 10 Joint Stip # 1, # 11 Joint Stip # 2)(Montagnes, Mercedes) (Entered: 07/30/2013)

ORDER granting 52 Motion to Extend Discovery Deadlines. Final Pretrial Order due by 5:00 p.m. on July 30, 2013. Signed by Chief Judge Brian A. Jackson on 7/30/2013. (LLH) (Entered: 07/30/2013)

MOTION to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Requiring Climate Control by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit)(Montagnes, Mercedes) Modified to edit text on 7/31/2013 (SMG). (Entered: 07/30/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Final Pretrial Conference held on 7/31/2013. The Court encouraged Counsel to confer and try to reach stipulations on the disputed issues included in the Proposed Pretrial Order. Defendants memorandum in opposition to plaintiffs motion to request judicial notice (doc. 55), if any, shall be filed no later than 12:00 p.m. on Friday, August 2, 2013. Counsel shall file a pre-trial brief, limited to 5 pages in length, no later than 12:00 p.m. on Friday, August 2, 2013. The pretrial brief shall address the following: 1. The effect of the remedial measures (i.e. installation of awnings, misting of the buildings, etc.) allegedly taken by Defendants on the data collected between July 15, 2013 and August 5, 2013. 2. Whether it is possible for the Court to isolate the data collected before remedial measures were allegedly taken. The Court granted plaintiffs leave to file one or more motions, related to the evidentiary and discovery issues discussed during the pretrial conference, by 12:00 p.m. on Friday, August 2, 2013. The Parties shall submit separate bench books of exhibits to the Court by 12:00 p.m. on Friday, August 2, 2013. The bench books shall also include an exhibit list and witness list. Counsel may also submit the bench books on disk. Counsel shall report to Courtroom 2 at 8:15 a.m. on Monday, August 5, 2013. (PJH) (Entered: 08/01/2013)

SEALED ORDER granting 47 MOTION for Writ of Habeas Corpus ad testificandum filed by James Magee, 45 MOTION for Writ of Habeas Corpus ad testificandum filed by Elzie Ball, 46 MOTION for Writ of Habeas Corpus ad testificandum filed by Nathaniel Code. Signed by Chief Judge Brian A. Jackson on 08/04/2013. (NLT) (Entered: 08/01/2013)

SEALED DOCUMENT Return on Service on Order and Writ to the Warden at LSP - Served on 08/02/2013.. (Attachments: # 1 Return)(NLT) (Entered: 08/02/2013)

Brief regarding Remedial Measures. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wilson, Jacqueline) (Attachment 1 replaced on 8/2/2013) (SMG). (Attachment 2 replaced on 8/2/2013) (SMG). (Entered: 08/02/2013)

MEMORANDUM in Opposition to 55 MOTION to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Requiring Climate Control filed by All Defendants. (Wilson, Jacqueline) (Entered: 08/02/2013)

Plaintiffs' Brief on the Reliability of USRM Data by Elzie Ball, Nathaniel Code, James Magee. (Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). (Entered: 08/02/2013)

First MOTION and Incorporated Memorandum for Evidentiary Sanctions Against Defendants Re: Costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6A, # 7 Exhibit 6B, # 8 Exhibit 7, # 9 Exhibit 8A, # 10 Exhibit 8B)(Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). (Entered: 08/02/2013)

MOTION and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants' Spoliation of Evidence by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3A, # 4 Exhibit 3B, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6A, # 8 Exhibit 6B, # 9 Exhibit 6C, # 10 Exhibit 6D, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14A, # 19 Exhibit 14B, # 20 Exhibit 14C, # 21 Exhibit 14D)(Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). Modified to correct spelling on 8/5/2013 (SMG). (Entered: 08/02/2013)

NOTICE of Statement of Interest by United States (Maraist, Catherine) (Entered: 08/02/2013)

MOTION to Enroll James L. Hilburn as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 08/04/2013)

1 Proposed Pleading; Order

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RESPONSE in Opposition to 63 MOTION and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants' Spoliation of Evidence filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wilson, Jacqueline) Modified to edit text on 8/5/2013 (SMG). (Entered: 08/04/2013)

ORDER granting 65 Motion to Enroll as Additional Counsel. Added attorney James L. Hilburn for defendants Louisiana Department of Public Safety and Corrections, James M. LeBlanc, Burl Cain and Angie Norwood. Signed by Magistrate Judge Stephen C. Riedlinger on 8/5/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 08/05/2013)

Minute Entry. Evidentiary hearing on Plaintiffs Motion forInjunctive Relief and trial on the merits held before Chief Judge Brian A. Jackson held on 8/5/2013. Counsel for the United States corrects error on page 3 of documents entitled Statement of Interest filed by United States (doc. 64). Court grants the Defendants Motion to Strike (doc. 16), as to temperature data only, the Defendants Motion for Leave to File Supplemental Affidavits in Opposition to Motion for Preliminary Injunction (doc. 22), and the Defendants Motion for Expedited Hearing on Motion for Leave to File Supplemental Affidavits (doc. 23). The Court hears oral argument on the Plaintiffs Motion to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Regarding Climate Control (doc. 55), Plaintiffs Motion and Incorporated Memorandum for Evidentiary Sanctions Against Defendants re: costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs (doc. 62), and the Plaintiffs Motion and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants Spoliation of Evidence (doc. 63). The Court defers ruling on the Plaintiffs Motion to Request Judicial Notice of Administrative Prison Regulations and Louisiana Law Requiring Climate Control (doc. 55), and the Plaintiffs Motion and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants Spoliation of Evidence (doc. 63). Counsel for defendants shall file an opposition to the Plaintiffs Motion and Incorporated Memorandum for Evidentiary Sanctions Against Defendants re: costs. of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs (doc. 62) by 5:00 p.m. on Tuesday, August 6, 2013. The Court imposes an order of sequestration. Counsel present opening statements to the Court. Parties stipulate that not all plaintiffs will be present for the duration of the trial. Nathaniel Code, Jr. Frank Thompson, Brandy Perry, Elzie Ball, Angela Norwood, David Garon are sworn and testify on behalf of Plaintiff. Exhibits filed. Matter will continue on 8/6/2013 at 9:30 a.m.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 08/28/2013)

RESPONSE in Opposition to 62 First MOTION and Incorporated Memorandum for Evidentiary Sanctions Against Defendants Re: Costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs filed by All Defendants. (Jones, Carlton) (Entered: 08/06/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Evidentiary Hearing on Pltfs Motion for Injunctive Relief and trial on the merits held on 8/6/2013. Stipulation as to the testimony of Secretary J ames LeBlanc and Warden Richard Peabody is read into the record. Disk containing USRM Data (P137) is filed into the record. The following witnesses are sworn and testify on behalf of the Plaintiffs. Dr. Susi Vassallo James J. Balsamo, Jr. Mary Katherine McCarthy Warden Burl Cain James C. Magee Exhibits P98,CV of James J. Balsamo, Jr. (0001-0031 only), and P138 (disk containing charts) are admitted. The Court defers ruling on the admission of exhibit P99, Expert Report of Dr. Vassallo and exhibit P98 (0032 - 0304) the Expert Report of James J. Balsamo, Jr. Plaintiffs rests. Counsel for the Defendants moves for dismissal under Rule 52. For reasons stated herein, the Court defers ruling on the Defendants Motion for Dismissal at this time. The following witnesses are sworn and testify on behalf of defendants: Stephen Trauth John M. Grimes, III Henry Eyre, III Dr. Raman Singh Exhibit D1, CV of John M. Grimes, III is admitted. The evidentiary hearing on the Plaintiffs Motion for Injunctive Relief and trial on the merits will resume on Wednesday, August 7, 2013 at 8:00 a.m., in Courtroom 2. (Court Reporter C. Smith-Neely.) (Main Document 76 replaced on 8/29/2013) (PJH). (PJH). Modified on 8/29/2013 to edit text (PJH). Modified on 8/29/2013 to edit text (JDL). (Entered: 08/28/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson on 8/7/2013: Evidentiary hearing on Plaintiffs Motion for Injunctive Relief and trial on the merits continues in this matter from August 6, 2013. James M. LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections, is sworn and testifies on behalf of the Defendants. Angie Norwood, having been previously sworn, testifies on behalf of Defendants. Dr. Hal David Macmurdo is sworn and testifies on behalf of Defendants. Exhibits filed. Defts rest. Proffer read in the record by Counsel for the Plaintiffs. Pltfs rest in rebuttal. The Court admits all expert reports into evidence. Counsel presents closing arguments to the Court. Counsel shall file Supplemental and Proposed Findings Of Fact and Conclusions Of Law, limited to 5 pages in length, by August 16, 2013 at 5:00 p.m. The Court defers its ruling on Plaintiffs Application For Preliminary Injunction at this time. For reasons stated herein, the Court denies Plaintiffs Motion to Enjoin Defendants and Their Staff From Retaliation Against Plaintiffs In Any Manner For Filing This Complaint.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 08/30/2013)

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Conference set for 8/9/2013 at 11:00 AM (CST) before Chief Judge Brian A. Jackson. The Court will initiate the call to counsel.(PJH) (Entered: 08/08/2013)

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 8/9/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) Modified on 9/17/2013 to add text (JDL). (Entered: 09/16/2013)

Joint STIPULATION Regarding Tier Measurements by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Wilson, Jacqueline) (Entered: 08/16/2013)