Case: Anderson v. Garner

COMPLAINT filed summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 243150 (ln) (Entered: 11/21/1996)

ANSWERS TO MANDATORY INTERROGATORIES by Rodney Anderson, Raymon Bennett, Johnny Cain, Earnest Daniel, Corey Doomes, Lawrence Epps, Tyler Johnson, Jerry Marks, Timothy R. Noland, Anthony Richards, Jeffrey Ross, Jody Smith, Joe Thomas, Marshall Tolbert (ln) (Entered: 11/21/1996)

MOTION by plaintiffs Rodney Anderson, Raymon Bennett, Johnny Cain, Earnest Daniel, Corey Doomes, Lawrence Epps, Tyler Johnson, Jerry Marks, Timothy R. Noland, Anthony Richards, Jeffrey Ross, Jody Smith, Joe Thomas, Marshall Tolbert to extend time for defendants Garner & Thomas to answer the complaint [1-1] with brief in support. (ln) (Entered: 11/21/1996)

Return of service executed 11/19/96 as to Wayne Garner, A. G. Thomas (dd) (Entered: 12/11/1996)

ANSWER of defendants' to complaint [1-1]; jury demand (dd) Modified on 12/11/1996 (Entered: 12/09/1996)

Withdrawal of [3-1] motion to extend time for defendants Garner & Thomas to answer the complaint [1-1] (dd) Modified on 12/11/1996 (Entered: 12/09/1996)

Return of service executed 12/16/96 as to Stevenson (dd) (Entered: 12/24/1996)

Return of service executed 11/27/96 as to Calvin Davis (dd) (Entered: 12/24/1996)

Defendants' ANSWERS TO MANDATORY DISCLOSURES (dd) (Entered: 01/13/1997)

Joint Proposed preliminary planning report, received.. (dd)

Preliminary Statement and Scheduling Order. (ln) (Entered: 01/17/1997)

CONSENT ORDER to supply plaintiffs with the necessary discovery responses while maintaining the protection of certain classified and confidential information re the security of Hays and Walker State Prisons by Judge Harold L. Murphy (cc) (dd) (Entered: 02/04/1997)

Add attorney for defendant Wayne Garner, defendant A. G. Thomas, defendant John Brady, defendant Calvin Davis, defendant Joe Johnson, defendant Dowdell, defendant Frazier, defendant Stevenson, defendant Robert Watson, John C. Jones, Stacey L. Ferris-Smith as counsel. (dd)

PLAINTIFFS' MOTION to extend time for discovery thru 7/3/97 with brief in support. (dd) (Entered: 02/11/1997)

MOTION to certify class action with brief and declarations in support of motion for class certification in support. (dd) (Entered: 02/12/1997)

Stipulation by parties to extend time for defendants to respond to plaintiffs' motion for class certification to 3/4/97; APPROVED by Clerk, USDC; cc (dd) Modified on 02/26/1997 (Entered: 02/24/1997)

Defendants' Response in opposition to [12-1] motion to extend time for discovery thru 7/3/97 (dd) Modified on 02/26/1997 (Entered: 02/25/1997)

CONSENT ORDER(See order in file) by Judge Harold L. Murphy (cc) (dd) Modified on 02/26/1997 (Entered: 02/25/1997)

Plaintiffs' Response in opposition to [15-1] oppose/support memo/response (dd) (Entered: 03/03/1997)

ORDER by Judge Harold L. Murphy GRANTING [18-1] pro hac vice application (cc) (dd) (Entered: 03/03/1997)

SUBMITTED to Judge Harold L. Murphy on [12-1] motion to extend time for discovery thru 7/3/97, [15-1] oppose/support memo/response (dd)

DEFENDANTS' response in opposition to [13-1] motion to certify class action (dd) (Entered: 03/05/1997)

SUBMITTED to Judge Harold L. Murphy on [13-1] motion to certify class action, [19-1] oppose/support memo/response (dd)

Plaintiffs' Response [19-1] oppose/support memo/response (dd) (Entered: 03/06/1997)

Attorney appearance for defendant Joe Johnson by Frank Philips Harris (dd) (Entered: 03/26/1997)

Attorney appearance for defendant Robert Watson by Judy Farrington Aust (dd) (Entered: 04/01/1997)

MOTION by defendants Wayne Garner, A. G. Thomas, John Brady, Calvin Davis, Dowdell, Frazier, Stevenson for protective order with brief in support. (ln) (Entered: 04/01/1997)

ORDER by Judge Harold L. Murphy GRANTING [24-1] order (cc) (dd) Modified on 04/03/1997 (Entered: 04/03/1997)

Notice of original disovery by defendant Wayne Garner, defendant A. G. Thomas, defendant John Brady, defendant Calvin Davis, defendant Dowdell, defendant Frazier and defendant Stephenson (IN SEPARATE FILE) (dd) (Entered: 04/03/1997)

Plaintiffs' Response and Appendices [23-1] motion for protective order (dd) Modified on 04/03/1997 (Entered: 04/03/1997)

Add attorney for plaintiff Rodney Anderson, plaintiff Raymon Bennett, plaintiff Johnny Cain, plaintiff Earnest Daniel, plaintiff Corey Doomes, plaintiff Lawrence Epps, plaintiff Tyler Johnson, plaintiff Jerry Marks, plaintiff Timothy R. Noland, plaintiff Anthony Richards, plaintiff Jeffrey Ross, plaintiff Jody Smith, plaintiff Joe Thomas, plaintiff Marshall Tolbert, L. Elizabeth Bowles, Robert Bensing, Prakash Rajamani, Donna Patterson as counsel. (dd)

Plaintiffs' additional Response [23-1] motion for protective order (dd) (Entered: 04/07/1997)

Response by defendant Wayne Garner, defendant A. G. Thomas, defendant John Brady, defendant Calvin Davis, defendant Dowdell, defendant Frazier, defendant Stevenson in support of [23-1] motion for protective order (vv) (Entered: 04/08/1997)

HEARING HELD on defendants' motion for protective order and the Court orally denied the motion; the Court orally granted plaintiffs' motion for extension of time for discovery until Aug. l5, l997 before Judge Harold L. Murphy; the Court will enter written order. (vv) (Entered: 04/08/1997)

ORDER by Judge Harold L. Murphy DENYING [23-1] motion for protective order by defendants, Discovery ends 8/15/97 (cc) (dd) Modified on 04/08/1997 (Entered: 04/08/1997)

Steno notes of proceedings held Apr. 7, l997 before Judge Harold L. Murphy, by Court Reporter Martha Frutchey. (vv)

Letter from Osceola Kelley requesting to be part of the class action. (ln) (Entered: 04/17/1997)

Attorney appearance for defendant Wayne Garner, defendant A. G. Thomas, defendant John Brady, defendant Calvin Davis, defendant Joe Johnson, defendant Dowdell, defendant Frazier, defendant Stevenson by David J. Marmins (dd) Modified on 05/01/1997 (Entered: 05/01/1997)

VOLUNTARY DISMISSAL with prejudice by plaintiff Johnny Cain against defendant Joe Johnson pursuant to Rule 41(a)(1)(i), FRCP. (dd) (Entered: 05/06/1997)

Stipulation, extending time discovery, Discovery ends 10/3/97 approved by Judge Harold L. Murphy; cc (dd) (Entered: 06/12/1997)

MOTION by plaintiffs Rodney Anderson, aymon Bennett, Johnny Cain, Earnest Daniel, Corey Doomes, Lawrence Epps, Tyler Johnson, Jerry Marks, Timothy R. Noland, Anthony Richards, Jeffrey Ross, Jody Smith, Joe Thomas, Marshall Tolbert to compel responses to interrogs. with brief in support. (ln) (Entered: 06/13/1997)

MOTION by Edgar W. Howard to intervene with brief in support. (Copy of docket mailed as requested) (dd) Modified on 06/16/1997 (Entered: 06/16/1997)

Proposed intevenor's complaint by Edgar Howard, received. (dd)

MOTION by plaintiffs for temporary restraining order, and for preliminary injunction with brief in support. (vv) (Entered: 06/18/1997)

HEARING HELD on [37-1] motion for temporary restraining order, [37-2] motion for preliminary injunction before Judge Harold L. Murphy DENYING [37-1] motion for temporary restraining order by plaintiffs, DENYING [37-2] motion for preliminary injunction by plaintiffs; parties agree that neither the warden nor any member of his staff will communicate with any inmate who is known to be a witness in the case and where there is a deposition to be taken re incident June l0, l996; the Court further directs that if inmate wishes to speak about the incident, the warden and/or staff should take the name and forward it to the appropriate counsel and the same for the staff, should a staff member wish to discuss the matter, then the warden is to forward the staff member's name to the appropriate counsel; the only communication should be for the coordination of leave time for the staff member and for notifying an inmate of a scheduled deposition (the Court will not enter a written order) (vv) (Entered: 06/18/1997)

Steno notes of proceedings held June l7, l997 before Judge Harold L. Murphy, by Court Reporter Martha Frutchey. (vv)

Second MOTION by plaintiffs Rodney Anderson, Raymon Bennett, Johnny Cain, Earnest Daniel, Corey Doomes, Lawrence Epps, Tyler Johnson, Jerry Marks, Timothy R. Noland, Anthony Richards, Jeffrey Ross, Jody Smith, Joe Thomas, Marshall Tolbert to compel production of certain materials and response to certain interrogs with brief in support and documents in support of motion. (ln) (Entered: 06/19/1997)

Plaintiffs' Response in opposition to [36-1] motion to intervene (dd) (Entered: 06/27/1997)

Plaintiffs' Additional documents in support of [13-1] motion to certify class action (dd) (Entered: 06/30/1997)

CONSENT ORDER extending time for defendants' to respond to plaintiffs' first motion to compel thru 7/10/97 by Judge Harold L. Murphy (cc) (dd) (Entered: 07/01/1997)

SUBMITTED to Judge Harold L. Murphy on [36-1] motion to intervene, [40-1] oppose/support memo/response (dd)

PLAINTIFFS' MOTION for temporary restraining order, and for preliminary injunction with brief in support. (dd) Modified on 09/17/1997 (Entered: 07/11/1997)

CONSENT ORDER extending time thru 7/17/97 to respond to plaintiffs' second motion to compel by Judge Harold L. Murphy (cc) (dd) Modified on 07/11/1997 (Entered: 07/08/1997)

Supplement to Exhibit "D" of memorandum of points and authorities in support of motion to compel by plaintiffs Rodney Anderson, Raymon Bennett, Johnny Cain, Earnest Daniel, Corey Doomes, Lawrence Epps, Tyler Johnson, Jerry Marks, Timothy R. Noland, Anthony Richards, Jeffrey Ross, Jody Smith, Joe Thomas, Marshall Tolbert (ln) Modified on 07/11/1997 (Entered: 07/10/1997)

MOTION by Osceola Kelley to intervene with brief in support. (dd) Modified on 07/11/1997 (Entered: 07/11/1997)

SUBMITTED to Judge Harold L. Murphy on [35-1] motion to compel responses to interrogs., [42-1] consent order (dd)

MOTION by defendants Wayne Garner, A. G. Thomas, Calvin Davis, Frazier, Stevenson for protective order with brief in support. (ln) (Entered: 07/14/1997)

Defendants' Response in opposition to [35-1] motion to compel responses to interrogs. (dd) (Entered: 07/14/1997)

CONSENT AGREEMENT agreeing until conclusion of this litigation the Georgia Department of Corrections will not demote, suspend without pay or terminate from employment any Georgia Dept. of Corrections employee, for truthful statements made by any employee in depositions taken concerning the allegations in this lawsuit by Judge Harold L. Murphy (cc) (dd) (Entered: 07/15/1997)

Certification of Consent to Substitution of Counsel for defendant John Brady . Timothy Hal Bendin, Phillip Edward Friduss replacing attorney Diane Festin LaRoss for John Brady, attorney John C. Jones for John Brady . (dd) (Entered: 07/16/1997)

SUBMITTED to Judge Harold L. Murphy on [39-1] motion to compel production of certain materials and response to certain interrogs, [48-1] oppose/support memo/response (dd)

CONSENT ORDER by Judge Harold L. Murphy, extending time for defendants to respond to plaintiffs' second motion to compel thru 7/31/97 (cc) (dd) (Entered: 07/18/1997)

Plaintiffs' Memo in opposition to [47-1] motion for protective order (dd) (Entered: 07/18/1997)

PLAINTIFFS' MOTION to extend time discovery thru 12/5/97 with brief in support. (dd) (Entered: 07/21/1997)

Defendants' Response in opposition to [47-1] motion for protective order (dd) (Entered: 07/21/1997)

Attorney appearance for defendant Wayne Garner by Bruce McCord Edenfield, J. Timothy Mast (dd) (Entered: 07/21/1997)

Reply brief by defendant Wayne Garner in support of [47-1] motion for protective order (dd) (Entered: 07/21/1997)

MOTION by intervenor-plaintiff Albert Thomas to intervene or consolidate related case with brief in support. (ln) (Entered: 07/22/1997)

Brief by defendant Joe Johnson in support of the pending [47-1] motion for protective order (ln) (Entered: 07/22/1997)

SUBMITTED to Judge Harold L. Murphy on [47-1] motion for protective order, [52-1] oppose/support memo/response (dd)

Plaintiffs' Response in opposition to [57-1] motion to intervene or consolidate related case (dd) (Entered: 07/30/1997)

SUBMITTED to Judge Harold L. Murphy on [57-1] motion to intervene or consolidate related case, [59-1] oppose/support memo/response (dd)

Request from Timothy H. Bendin for leave of absence from 10/1-15/97 with letter response from Judge Murphy. (ln)

ORDER directing the Clerk to make the attached correspondence a part of the record by Judge Harold L. Murphy (cc) (dd) (Entered: 08/01/1997)

Defendants' Response in opposition to [39-1] motion to compel production of certain materials and response to certain interrogs (dd) (Entered: 08/01/1997)

Defendants' Supplement to their Response in support of [61-1] oppose/support memo/response (dd) (Entered: 08/04/1997)

Stipulation by all parties approved by Judge Harold L. Murphy; cc (dd) (Entered: 08/04/1997)

MOTION by intervenor-plaintiffs ABC News, Atlanta Journal to intervene to oppose defendants' motion for protective order with brief in support. (ln) (Entered: 08/06/1997)

HEARING HELD on [47-1] motion for protective order before Judge Harold L. Murphy ORALLY DENYING [47-1] motion for protective order by Stevenson, Frazier, Calvin Davis, A. G. Thomas, Wayne Garner; the Court granted defendants time to respond to motions to intervene. (vv) (Entered: 08/08/1997)

Attorney appearance for defendant A. G. Thomas by George M. Weaver, Hugh William Rowling Jr. (vv) (Entered: 08/08/1997)

ORDER by Judge Harold L. Murphy DENYING [47-1] motion for protective order by Stevenson, Frazier, Calvin Davis, A. G. Thomas, Wayne Garner (cc) (dd) (Entered: 08/07/1997)

SUBMITTED to Judge Harold L. Murphy on [53-1] motion to extend time discovery thru 12/5/97 (dd)

Steno notes of proceedings held Aug. 6, l997 before Judge Harold L. Murphy, by Court Reporter Andy Ashley. (vv)

Reply by intervenor-plaintiff Albert Thomas in response to plaintiffs' response to motion to intervene. (dd) (Entered: 08/11/1997)

Attorney appearance for defendant Calvin Davis by Theodore Freeman, Dana Kristin Maine (dd) (Entered: 08/11/1997)

CONSENT ORDER by Judge Harold L. Murphy, extending time defendants' response to plaintiffs' fifth request for production of documents thru 9/8/97 (cc) (dd) (Entered: 08/11/1997)

Defendants' Response [64-1] motion to intervene to oppose defendants' motion for protective order (dd) (Entered: 08/15/1997)

CONSENT ORDER extending time thru 9/8/97 for defendants to respond to plaintiffs eighth interrogatories by Judge Harold L. Murphy (cc) (dd) (Entered: 08/19/1997)

Stipulation by parties, extending time discovery, Discovery ends 12/19/97 approved by Judge Harold L. Murphy cc (dd) (Entered: 08/21/1997)

SUBMITTED to Judge Harold L. Murphy on [64-1] motion to intervene to oppose defendants' motion for protective order, [71-1] oppose/support memo/response (dd)

Stipulation, dismissing plaintiffs' claims against defendant Dowdell, defendant Frazier, defendant Stevenson, defendant Robert Watson approved by Clerk, USDC (dd) (Entered: 08/26/1997)

ORDER making the attached communication a part of the record by Judge Harold L. Murphy, (cc) (dd) (Entered: 08/27/1997)

ORDER stating that the Court received the attached papers and that they are to be made a part of the record and all parties mailed a copy; by Judge Harold L. Murphy, (cc) (dd) (Entered: 09/10/1997)

ORDER by Judge Harold L. Murphy GRANTING [13-1] motion to certify class action; that case should proceed as a class action, Parties to file within 20 days briefs regarding the request for injunctive relief, parties have 10 days thereafter to file briefs in opposition; plaintiffs have 10 days to file a supplemental brief explaining how proposed class to be determined, etc. (cc) (ln) (Entered: 09/11/1997)

MOTION by defendant Wayne Garner, defendant A. G. Thomas to extend time for discovery thru 9/23/97 with brief in support. (dd) (Entered: 09/15/1997)

ORDER by Judge Harold L. Murphy GRANTING [78-1] motion to extend time for discovery thru 9/23/97 (cc) (dd) (Entered: 09/15/1997)

RENEWED MOTION by defendant Wayne Garner, defendant A. G. Thomas, defendant John Brady, defendant Calvin Davis, for protective order with brief in support. (dd) Modified on 09/18/1997 (Entered: 09/15/1997)

Response by plaintiff Rodney Anderson, plaintiff Raymon Bennett, plaintiff Johnny Cain, plaintiff Earnest Daniel, plaintiff Corey Doomes, plaintiff Lawrence Epps, plaintiff Tyler Johnson, plaintiff Jerry Marks, plaintiff Timothy R. Noland, plaintiff Anthony Richards, plaintiff Jeffrey Ross, plaintiff Jody Smith, plaintiff Joe Thomas, plaintiff Marshall Tolbert [80-1] motion for protective order (dd) (Entered: 09/15/1997)

Brief by defendant Joe Johnson joining in support of [80-1] renewed motion for protective order (ln) (Entered: 09/16/1997)

SUBMITTED to Judge Harold L. Murphy on [80-1] motion for protective order, [81-1] oppose/support memo/response (dd)