2014 WL 540351

United States of America v. State of Rhode Island Department of Corrections

2018 WL 2175557

COMPLAINT, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Farrell Pletcher, Paula) (Entered: 02/10/2014)

1 Civil Cover Sheet

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NOTICE of Appearance by Neil F.X. Kelly on behalf of State of Rhode Island, State of Rhode Island Department of Corrections (Kelly, Neil) (Entered: 02/13/2014)

NOTICE of Appearance by Rebecca Tedford Partington on behalf of State of Rhode Island, State of Rhode Island Department of Corrections (Partington, Rebecca) (Entered: 02/13/2014)

WAIVER OF SERVICE Returned Executed by United States of America. State of Rhode Island waiver sent on 2/10/2014, answer due 4/11/2014. (Rogers, Mary) (Entered: 02/19/2014)

NOTICE of Appearance by Kathleen M. Kelly on behalf of State of Rhode Island Department of Corrections (Duhamel, John) (Entered: 03/05/2014)

STIPULATION by All Defendants. (Kelly, Neil) (Entered: 04/07/2014)

TEXT ORDER Entering 6 Stipulation filed by State of Rhode Island, State of Rhode Island Department of Corrections, United States of America. So Ordered by Chief Judge William E. Smith on 4/14/14. (Jackson, Ryan)

Reset Deadlines: State of Rhode Island answer due 4/25/2014; State of Rhode Island Department of Corrections answer due 4/25/2014. (Jackson, Ryan)

NOTICE of Appearance by Ariele Yaffee on behalf of All Defendants (Yaffee, Ariele) (Entered: 04/25/2014)

NOTICE of Appearance by Edward G. Mullaney on behalf of All Defendants (Mullaney, Edward) (Entered: 04/25/2014)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Defendants. Responses due by 5/12/2014 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I - redacted, # 11 Exhibit J, # 12 Exhibit K - redacted, # 13 Exhibit L, # 14 Exhibit M)(Kelly, Neil) (Entered: 04/25/2014)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I - redacted

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11 Exhibit J

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12 Exhibit K - redacted

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13 Exhibit L

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14 Exhibit M

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MOTION for an Extension of Time to File Answer filed by All Defendants. Responses due by 5/12/2014 (Kelly, Neil) (Entered: 04/25/2014)

MOTION to Seal Document filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Urizandi, Nisshy) (Additional attachment(s) added on 8/11/2016: # 1 motion to seal) (Capraro, Dona). (Entered: 04/28/2014)

TEXT ORDER granting 11 Motion to Seal Document. So Ordered by Chief Judge William E. Smith on 4/29/2014. (Urizandi, Nisshy)

TEXT ORDER granting 10 Motion for Extension of Time to Answer Complaint. So Ordered by Chief Judge William E. Smith on 4/30/14. (Jackson, Ryan)

Consent MOTION for an Extension of Time filed by United States of America. Responses due by 5/27/2014 (Geller, Clare) (Entered: 05/08/2014)

TEXT ORDER granting 13 Motion for Extension of Time to respond to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM up to and including 5/22/14. So Ordered by Chief Judge William E. Smith on 5/13/14. (Jackson, Ryan)

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by United States of America. (Geller, Clare) (Entered: 05/21/2014)

MOTION for an Extension of Time to File Response/Reply as to 14 Response in Opposition to Motion filed by All Defendants. Responses due by 6/9/2014 (Kelly, Neil) (Entered: 05/23/2014)

TEXT ORDER granting 15 Motion for Extension of Time to File Response/Reply re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; Replies due by 5/30/2014. So Ordered by Chief Judge William E. Smith on 5/27/14. (Jackson, Ryan)

NOTICE of Hearing on Motion 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing scheduled for 8/5/2014 at 10:00 AM in Courtroom 2 before Chief Judge William E. Smith. (Jackson, Ryan)

REPLY to Response to Motion re 14 Response in Opposition to Motion filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Kelly, Neil) (Entered: 05/30/2014)

Consent MOTION for Leave to File Surreply filed by United States of America. Responses due by 6/23/2014 (Attachments: # 1 Exhibit 1 Surreply)(Geller, Clare) (Entered: 06/06/2014)

1 Exhibit 1 Surreply

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TEXT ORDER granting 17 Motion for Leave to File Surreply. So Ordered by Chief Judge William E. Smith on 6/10/14. (Jackson, Ryan)

NOTICE by State of Rhode Island, State of Rhode Island Department of Corrections of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Neil) (Entered: 07/30/2014)

1 Exhibit A

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2 Exhibit B

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Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 8/5/2014 re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Geller, Kelly, Partington) Court addresses. Arguments heard. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 10:10 a.m.) (Urizandi, Nisshy)

TRANSCRIPT ORDER for proceedings held on August 5, 2014 before Judge Smith.. (Geller, Clare) (Entered: 08/11/2014)

TRANSCRIPT ORDER for proceedings held on 8-5-14 before Judge William E. Smith.. (Kelly, Neil) (Entered: 08/13/2014)

TRANSCRIPT of Defendant's Motion to Dismiss held on August 5, 2014, before Chief Judge William E. Smith. Court Reporter Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion.. Redaction Request due 9/12/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/20/2014. (Clayton, Anne) (Entered: 08/22/2014)

MEMORANDUM AND ORDER denying 9 Motion to Dismiss for Failure to State a Claim. So Ordered by Chief Judge William E. Smith on 1/29/15. (Jackson, Ryan) (Entered: 01/29/2015)

NOTICE of Hearing: Status Conference scheduled for 2/27/2015 at 11:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

ANSWER to 1 Complaint by State of Rhode Island, State of Rhode Island Department of Corrections.(Kelly, Neil) (Entered: 02/12/2015)

Reset Hearings re: Notice of Status Conference RE-SCHEDULED for Wednesday 2/18/2015 at 9:30 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

Reset Hearings re: Status Conference RE-SCHEDULED for 3/6/2015 at 10:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

AMENDED ANSWER to 1 Complaint by State of Rhode Island, State of Rhode Island Department of Corrections. (Kelly, Neil) (Entered: 02/23/2015)

Reset Hearings re: Status Conference re-scheduled for 3/6/2015 at 2:30 PM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan)

NOTICE by United States of America Regarding Proposed Discovery Plan (Attachments: # 1 Text of Proposed Order United States' Proposed Discovery Plan, # 2 Text of Proposed Order United States' Proposed ESI Order)(Banaszak, Elizabeth) (Entered: 03/05/2015)

1 Text of Proposed Order United States' Proposed Discovery Plan

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2 Text of Proposed Order United States' Proposed ESI Order

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Minute Entry for proceedings held before Chief Judge William E. Smith: Status Conference held on 3/6/2015; counsel present: C. Geller, E. Banaszark; N. Kelly, R. Partington, K. Kelly, A. Yaffee. (Jackson, Ryan)

TEXT ORDER: Defendants' Motion for Leave to File Interlocutory Appeal is due on or before 3/27/15; Plaintiff's Objection is due on or before 4/13/15; Defendants' Reply is due on 4/20/15. So Ordered by Chief Judge William E. Smith on 3/9/15. (Jackson, Ryan)

PRETRIAL SCHEDULING ORDER: Factual Discovery to be completed by 10/20/2015; All Expert Discovery to be completed by 4/11/2016; Dispositive Motions due by 5/11/2016; Pretrial Memorandum due 30 days after decision on any pending motion, or if no motions are pending, by 5/20/16; and additional dates as ordered in this Pretrial Scheduling Order. So Ordered by Chief Judge William E. Smith on 3/10/15. (Jackson, Ryan) (Entered: 03/10/2015)

NOTICE of Hearing: Telephone Conference set for 3/19/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. The Court will initiate the call. Counsel to participate: Geller, Banaszak, N. Kelly, Partington, Yaffee, K. Kelly. (Noel, Jeannine)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 3/19/2015. (Noel, Jeannine)

SETTLEMENT CONFERENCE ORDER AND NOTICE OF Settlement Conference set for 5/20/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond. Telephone Conference set for 5/6/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. So Ordered by Magistrate Judge Lincoln D. Almond on 3/20/2015. (Noel, Jeannine) (Entered: 03/20/2015)

NOTICE of Appearance by Raheemah F. Abdulaleem on behalf of United States of America (Abdulaleem, Raheemah) (Entered: 03/26/2015)

MOTION for Leave to Appeal WITH SUPPORTING MEMO filed by All Defendants. Responses due by 4/13/2015 (Attachments: # 1 Supporting Memorandum)(Kelly, Neil) (Entered: 03/27/2015)

1 Supporting Memorandum

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Joint MOTION for Protective Order filed by All Plaintiffs. Responses due by 4/17/2015 (Attachments: # 1 Text of Proposed Order)(Abdulaleem, Raheemah) (Entered: 03/31/2015)

1 Text of Proposed Order

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SUPPLEMENTAL MEMORANDUM/EXHIBIT IN SUPPORT by All Defendants in support of 29 MOTION for Leave to Appeal . (Kelly, Neil) Modified on 5/22/2015: edited document title (Jackson, Ryan). (Entered: 04/07/2015)

Consent MOTION for an Extension of Time to File Response/Reply as to 29 MOTION for Leave to Appeal filed by United States of America. Responses due by 4/27/2015 (Abdulaleem, Raheemah) (Entered: 04/09/2015)

TEXT ORDER granting 32 Motion for Extension of Time to File Response to 29 MOTION for Leave to Appeal; Responses due by 4/20/2015. So Ordered by Chief Judge William E. Smith on 4/10/15. (Jackson, Ryan)

ORDER granting 30 Motion for Protective Order. So Ordered by Chief Judge William E. Smith on 4/10/15. (Jackson, Ryan) (Entered: 04/10/2015)

RESPONSE in Opposition re 29 MOTION for Leave to Appeal WITH SUPPORTING MEMO filed by United States of America. (Abdulaleem, Raheemah) (Entered: 04/20/2015)

MOTION for an Extension of Time to File Response/Reply as to 34 Response in Opposition to Motion filed by All Defendants. Responses due by 5/11/2015 (Kelly, Neil) (Entered: 04/24/2015)

TEXT ORDER granting 35 Motion for Extension of Time to File Reply re: 29 MOTION for Leave to Appeal; Replies due by 5/4/2015. So Ordered by Chief Judge William E. Smith on 4/27/15. (Jackson, Ryan)

REPLY to Response to Motion re 34 Response in Opposition to Motion filed by All Defendants. (Kelly, Neil) (Entered: 05/04/2015)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference with Attorneys Abdulaleem, Banaszak, Geller, Kathleen Kelly and Neil Kelly held on 5/6/2015. (Noel, Jeannine)

Consent MOTION to Continue Settlement Conference filed by United States of America. Responses due by 6/4/2015 (Geller, Clare) (Entered: 05/18/2015)

TEXT ORDER granting 37 Motion to Continue; Set/Reset Hearings:Settlement Conference set for 5/20/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond has been rescheduled ( Settlement Conference set for 6/4/2015 02:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond.). So Ordered by Magistrate Judge Lincoln D. Almond on 5/19/15. (Saucier, Martha)

Process Return and Receipt Executed by United States Marshal (Urizandi, Nisshy) (Entered: 05/29/2015)

NOTICE of Appearance by David N. Reese on behalf of United States of America (Reese, David) (Entered: 06/02/2015)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Settlement Conference held on 6/4/2015. (Noel, Jeannine)

NOTICE of Hearing: Telephone Conference set for 6/16/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. (Noel, Jeannine)

Joint MOTION to Amend/Correct Protective Order filed by United States of America. Responses due by 6/29/2015 (Attachments: # 1 Text of Proposed Order Amended Protective Order)(Banaszak, Elizabeth) (Entered: 06/12/2015)

1 Text of Proposed Order Amended Protective Order

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RESCHEDULING NOTICE of Hearing: Telephone Conference RESCHEDULED for 7/8/2015 04:00 PM before Magistrate Judge Lincoln D. Almond. MOVED FROM 6/16/2015 PER LETTER FROM ATTY KELLY. The court will initiate the call. (Noel, Jeannine)

AMENDED PROTECTIVE ORDER granting 40 Joint MOTION to Amend/Correct Protective Order. So Ordered by Magistrate Judge Lincoln D. Almond on 6/17/2015. (Noel, Jeannine) (Entered: 06/17/2015)

STIPULATION that Defendants may have up to and including July 30, 2015, within which to answer or otherwise respond to Plaintiffs First Request for Production of Documents and Plaintiffs First Set of Interrogatories. by All Defendants. (Kelly, Neil) (Entered: 07/01/2015)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference held on 7/8/2015. (Chambers at 4:00.) (Saucier, Martha)

NOTICE of Hearing: Telephone Conference set for 8/11/2015 04:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond with counsel of record. Court to initiate the call. (Saucier, Martha)

Set/Reset Hearings: Telephone Conference set for 8/11/2015 04:00 PM in before Magistrate Judge Lincoln D. Almond has been rescheduled at request of counsel. Telephone Conference RESCHEDULED for 8/31/2015 04:00 PM in Magistrate Judge Almond Chambers - Room P-208 before Magistrate Judge Lincoln D. Almond with all counsel of record. Court to initiate the call. (Saucier, Martha)

NOTICE of Appearance by Kunti D. Salazar on behalf of United States of America (Salazar, Kunti) (Entered: 08/13/2015)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Telephone Conference with Attorneys Banaszak, Reese, Salazar, Dingley, Yaffee, Kathleen Kelly and Neil Kelly held on 8/31/2015. (Noel, Jeannine)

Process Return and Receipt Executed by United States Marshal, SUBPOENA Returned Executed as to Carl Swander. (Urizandi, Nisshy) (Entered: 09/08/2015)

ORDER denying 29 Motion for Leave to Appeal. So Ordered by Chief Judge William E. Smith on 9/21/2015. (Jackson, Ryan) (Entered: 09/21/2015)

MOTION for an Extension of Time to Complete Discovery (Unopposed) filed by United States of America. Responses due by 10/13/2015 (Banaszak, Elizabeth) (Entered: 09/23/2015)

TEXT ORDER granting 46 Motion for Extension of Time to Complete Discovery. So Ordered by Chief Judge William E. Smith on 10/1/15. (Jackson, Ryan)

Reset Deadlines: Factual Discovery to close by 1/20/2016; All Expert Discovery to close by 7/11/2016; Dispositive Motions due by 8/11/2016; Pretrial Memorandum due 30 days after decision on any pending motion, or if no motions are pending, by 8/22/2016. (Jackson, Ryan)

STIPULATION Regarding Applicant Flow Data by United States of America. (Banaszak, Elizabeth) (Entered: 11/06/2015)

NOTICE of Hearing: Telephone Conference set for 11/30/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. The court will initiate the call. (Noel, Jeannine)

HEARING CANCELLED - Telephone Conference CANCELLED for 11/30/2015 04:30 PM before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine)

MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling With Supporting Memo filed by United States of America. Responses due by 12/14/2015 (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)(Salazar, Kunti) (Entered: 11/25/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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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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MOTION to Quash WITH SUPPORTING MEMO filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 12/14/2015 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Supporting Memorandum)(Kelly, Neil) (Entered: 11/25/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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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 Supporting Memorandum

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NOTICE of TELEPHONIC Hearing on Motion 49 MOTION to Quash, 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling : TELEPHONIC Motion Hearing set for 12/7/2015 11:00 AM before Magistrate Judge Lincoln D. Almond. THE COURT WILL INITIATE THE CALL. (Noel, Jeannine)

RESPONSE in Opposition re 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling with supporting memo filed by State of Rhode Island, State of Rhode Island Department of Corrections. Replies due by 12/14/2015. (Attachments: # 1 Supporting Memorandum)(Kelly, Neil) (Entered: 12/02/2015)

1 Supporting Memorandum

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RESPONSE in Opposition re 49 MOTION to Quash With Supporting Memo filed by United States of America. Replies due by 12/14/2015. (Attachments: # 1 Exhibit 1, United States' Rebuttal to Defendants' Exh. E (Dkt. 49-5))(Banaszak, Elizabeth) (Entered: 12/02/2015)

1 Exhibit 1, United States' Rebuttal to Defendants' Exh. E (Dkt. 49-5)

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REPLY to Response to Motion re 50 Response in Opposition to Motion, Reply in Support of United States' Motion to Compel With Supporting Memo filed by United States of America. (Banaszak, Elizabeth) (Entered: 12/04/2015)

REPLY MEMORANDUM re 49 MOTION to Quash . (Kelly, Neil) (Entered: 12/04/2015)

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 12/7/2015 re 48 MOTION to Compel The Rule 30(b)(1) Fact Deposition of Defendants' Witness Paul Kennedy And For An Expedited Ruling filed by United States of America, 49 MOTION to Quash filed by State of Rhode Island, State of Rhode Island Department of Corrections (Banaszak, Geller, Reese, Salazar, Kelly, Yaffee) Argument; Court takes matter under advisement; Order to follow (Courtroom A at 11:06 am.) (Noel, Jeannine)

TEXT ORDER granting in part and denying in part 48 Motion to Compel; granting in part and denying in part 49 Motion to Quash. Both Motions are GRANTED in part and DENIED in part as follow: The fact deposition of Mr. Kennedy by Plaintiff may go forward but shall be limited in duration to four (4) hours and he shall not be asked any of the same questions that he was asked as a Rule 30(b)(6) designee. So Ordered by Magistrate Judge Lincoln D. Almond on 12/7/2015. (Noel, Jeannine)

NOTICE of Appearance by Mariana E. Ormonde on behalf of All Defendants (Ormonde, Mariana) (Entered: 12/08/2015)

MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling WITH SUPPORTING MEMO filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 2/29/2016 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Kelly, Neil) (Entered: 02/10/2016)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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NOTICE of TELEPHONIC Hearing on Motion 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling : TELEPHONIC Motion Hearing set for 2/23/2016 11:00 AM before Magistrate Judge Lincoln D. Almond. PARTIES WILL RECEIVE CALL IN INSTRUCTIONS VIA EMAIL. (Noel, Jeannine)

RESPONSE in Opposition re 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling WITH SUPPORTING MEMO filed by United States of America. Replies due by 2/29/2016. (Attachments: # 1 Exhibit Declaration of Principal Deputy AAG Gupta)(Banaszak, Elizabeth) (Entered: 02/17/2016)

1 Exhibit Declaration of Principal Deputy AAG Gupta

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REPLY to Response to Motion re 56 Response in Opposition to Motion, filed by State of Rhode Island, State of Rhode Island Department of Corrections. (Attachments: # 1 Exhibit F)(Yaffee, Ariele) (Entered: 02/22/2016)

1 Exhibit F

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Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: TELEPHONIC Motion Hearing held on 2/23/2016 re 55 MOTION to Compel 30(b)(6) Testimony from Plaintiff United States and for Expedited Ruling filed by State of Rhode Island, State of Rhode Island Department of Corrections (Reese, Salazar, Banaszak, Geller, Yaffee, Kelly, Ormonde) All Counsel via phone; Argument; Court takes matter under advisement; Order to follow (Courtroom A at 11:08 am.) (Noel, Jeannine)

TEXT ORDER granting in part and denying in part 55 Motion to Compel. Plaintiff shall produce a deponent(s) pursuant to Rule 30(b)(6) to testify on March 3, 2016 as to Topics 1, 2, 3, 4, 6, 7, and 8. Such questioning is, however, subject to good faith objection by Plaintiff's counsel and an instruction not to answer only when reasonably necessary to preserve any asserted privileges. When a privilege is asserted, Plaintiff's counsel shall identify the particular privilege on the record, and briefly describe the general nature of the allegedly privileged information that is being elicited by the question under objection to allow for later review and assessment of the privilege claim, if necessary. Plaintiff's objections to Topics 5, 9 and 10 are sustained and Defendants' Motion is DENIED as to those Topics. Finally, the deponent(s) may not be asked any questions regarding experts and their opinions that will be the subject of later disclosure pursuant to Rule 26(a)(2)(B) or are protected from disclosure under Rule 26(b)(4)(D). So Ordered by Magistrate Judge Lincoln D. Almond on 2/23/2016. (Noel, Jeannine)

TRANSCRIPT ORDER Hearing on Motion to Compel for proceedings held on 2/23/2016 before Judge Almond.. (Yaffee, Ariele) (Entered: 03/04/2016)

TRANSCRIPT ORDER Hearing on Defendants' Motion to Compel for proceedings held on Feb. 23, 2016 before Judge Almond.. (Banaszak, Elizabeth) (Entered: 03/07/2016)

APPEAL OF MAGISTRATE JUDGE DECISION AND ORDER by State of Rhode Island, State of Rhode Island Department of Corrections Objection to Text Order dated 2/24/16. Replies due by 3/25/2016. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A)(Kelly, Neil) Modified on 3/10/2016: entry event title and response deadline (Jackson, Ryan). (Entered: 03/08/2016)

1 Supporting Memorandum

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2 Exhibit A

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Notice of Correction re: 60 APPEAL OF MAGISTRATE JUDGE DECISION AND ORDER. (Jackson, Ryan)

TRANSCRIPT of Motion to Compel Deposition Testimony, held on February 23, 2016, before Magistrate Judge Lincoln D. Almond. Court Reporter Denise P. Veitch, Telephone number 401-323-9337. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 4/1/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/9/2016. (Veitch, Denise) (Entered: 03/11/2016)

MOTION for an Extension of Time to Complete Discovery filed by State of Rhode Island, State of Rhode Island Department of Corrections. Responses due by 4/4/2016 (Kelly, Neil) (Entered: 03/16/2016)