Case: McBride v. Michigan Department of Corrections

2:15-cv-11222 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 31, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2015, three prisoner-plaintiffs filed this putative class action lawsuit against the Michigan Department of Corrections (MDOC), alleging that MDOC was discriminating against them and other deaf and hard of hearing prisoners. The case was filed in the U.S. District Court for the Eastern District of Michigan, and was assigned to Judge Sean Cox. The plaintiffs were represented by Michigan Protection and Advocacy, the Washington Lawyers’ Committee and private counsel. The plaintiffs al…

On March 31, 2015, three prisoner-plaintiffs filed this putative class action lawsuit against the Michigan Department of Corrections (MDOC), alleging that MDOC was discriminating against them and other deaf and hard of hearing prisoners. The case was filed in the U.S. District Court for the Eastern District of Michigan, and was assigned to Judge Sean Cox. The plaintiffs were represented by Michigan Protection and Advocacy, the Washington Lawyers’ Committee and private counsel.

The plaintiffs alleged that MDOC consistently failed to provide them with effective communication opportunities, depriving them of full participation in prison programs, services, and activities, including visitation, religious activities, and disciplinary and parole proceedings. They also alleged that since they couldn’t hear guards’ orders, they were sometimes unable to obey prison regulations and were then unfairly disciplined. The plaintiffs alleged that this treatment violated the Americans with Disabilities Act, the Rehabilitation Act, and the Religious Land Use and Institutionalized Persons Act. They also alleged that the absence of devices enabling them to communicate with their families and others violated their free speech rights under the First Amendment.

MDOC sought summary judgment on May 1, 2015. On October 30, 2015, the magistrate judge filed a Report and Recommendation to deny the motion. The court adopted this Report and Recommendation with an order denying MDOC’s motion for summary judgment on March 24, 2016. 2016 WL 1156740.

On June 30, 2017, the magistrate judge filed a Report and Recommendation to certify the plaintiffs’ class. The court adopted this recommendation on July 20, 2017, certifying the class as “all deaf and hard of hearing individuals in the custody of MDOC (whether now or in the future), who require hearing-related accommodations, including but not limited to interpreters, hearing devices, or other auxiliary aids or services, to communicate effectively and/or to access or participate in programs, services, or activities available to individuals in the custody of MDOC.” 2017 WL 3085785.

On March 9, 2018, the court partially granted the plaintiffs’ motion for summary judgment, and denied MDOC’s motion for summary judgment. 294 F. Supp. 3d 695. The court found that the devices that MDOC provided to the plaintiffs failed to meet the standard of reasonable accommodation. The court therefore granted summary judgment on the plaintiffs’ ADA and Rehabilitation Act claims, and agreed that a training program would be appropriate as well. It ordered MDOC to make videophones available to all deaf and hard of hearing inmates and to provide necessary auxiliary aids to enable equal participation in prison programs and services, including access to ASL interpreters, mandatory training for officers and staff on how to interact with deaf and hard of hearing inmates, and appropriate compliance monitoring. The plaintiffs had additionally sought summary judgment on a claim that MDOC’s policies for classification and housing placement were insufficient; the court denied summary judgment on this claim.

By September 2018 the parties had reached a settlement agreement, and they filed a joint motion for preliminary approval of a class-action settlement on September 26, 2018. The settlement agreement required MDOC to provide specified accommodations for the plaintiffs and all other current and future class members, appointed a monitor to oversee enforcement of the settlement, and mandated that MDOC pay $1.3 million for plaintiffs’ attorneys’ fees and costs. In particular, MDOC agreed to provide hearing assessments, adequately accommodating facilities, communications technology, and auxiliary aids and services necessary to allow the class members to access MDOC services, programs, and activities. The agreement also required MDOC to install non-auditory notification systems and develop and implement new procedures regarding the accommodations for MDOC guards and staff.

On January 15, 2019, the court granted the motion for preliminary approval of the settlement agreement and set a fairness hearing for March 28, 2019. The day after the hearing, the court issued an order granting the parties’ joint motion for final approval of the settlement. The settlement was set for enforcement until 2021.

On August 12, 2019, a hard of hearing MDOC prisoner (“Class Member 1”) filed, as a class member and as an interested party, a motion to enforce the settlement agreement. Another prisoner (“Class Member 2”), filed a motion to enforce the settlement agreement on October 10, 2019. On October 22, 2019, Class Member 2 filed a motion for a temporary restraining order, a preliminary injunction, and a protective order, claiming that MDOC subjected him to adverse treatment, such as discrimination and harassment, for filing a motion to enforce the settlement agreement. On December 2, 2019, Class Member 1 filed another motion to enforce the settlement agreement.

The post-judgment complaints were referred to the Magistrate Judge David R. Grand. On February 20, 2020, the court issued an order recommending the process by which such complaints would be adjudicated, including a mediation process. On the same day, the court recommended that Class Member 1’s motions be denied, holding that there was insufficient evidence to support the claims in his initial motion. The court held, among other things, that the “most efficient and effective means of addressing the issues [Class Member 1] raised in his motions is for him to first pursue them through the mediation process with the Settlement Monitor pursuant to the procedures outlined” in the magistrate judge’s order issued on the same day. On March 3, 2020, the magistrate judge issued a recommendation on settlement compliance, setting out deadlines for implementation of certain terms of the settlement agreement. The court adopted the recommendations on March 25, 2020. Class Member 1 appealed this decision. Class Member 1's appeal was dismissed on November 23, 2020 for failing to prosecute the appeal.

The magistrate judge issued orders on Class Member 2’s motion for enforcement, temporary restraining order, and preliminary injunction on May 26, 2020. As to enforcement, the magistrate judge recommended denial, because the issues raised were not “exceptional or extraordinary.” Because Class Member 2 “has provided ample notice to Defendants as to his request for injunctive relief, the Court will treat his motion [for temporary restraining order] as one for preliminary injunction.” The magistrate judge recommended that the motion be denied, holding, among other things, that Class Member 2 had failed to show the likelihood of success on the merits. The court adopted the magistrate judge’s recommendations on July 6, 2020.

On July 17, 2020, another class member ("Class Member 3") filed a letter with seven specific issues related to alleged violations of the grievance procedure terms of the settlement agreement. These issues arose from a series of misconducts that Class Member 3 had received in 2019. Class Member 3 alleged that these misconducts were issued in violation of the grievance procedure outlined in the settlement agreement. On September 5, 2020, the Settlement Monitor sent recommendations addressing the issues to MDOC. Specifically, the Settlement Monitor recommended that the challenged misconducts be re-heard or dismissed. MDOC appealed the recommendations on October 6, 2020. On May 5, 2021, Magistrate Judge Grand sustained MDOC's appeal because Class Member 3 had not been diagnosed with a hearing disability until after the misconducts were issued.

Summary Authors

Sarah Prout (9/4/2015)

Katie Chan (10/27/2017)

Elizabeth Heise (10/30/2018)

Nathan Santoscoy (4/19/2019)

Bogyung Lim (7/20/2020)

Hannah Shilling (6/20/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5431053/parties/mcbride-v-michigan-department-of-corrections/


Judge(s)

Cox, Sean Francis (Michigan)

Grand, David R. (Michigan)

Attorneys(s) for Plaintiff

Bartenstein, Stephen Curtis (District of Columbia)

Davis, Chris E. (Michigan)

Gerking, Megan E. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hegreness, Matthew J. (District of Columbia)

Kempfer, Brian Eugene (District of Columbia)

Lazerow, Andrew D. (District of Columbia)

Levitz, Phillip J. (District of Columbia)

Judge(s)

Cox, Sean Francis (Michigan)

Grand, David R. (Michigan)

Attorneys(s) for Plaintiff

Bartenstein, Stephen Curtis (District of Columbia)

Davis, Chris E. (Michigan)

Gerking, Megan E. (District of Columbia)

Golden, Deborah Maxine (District of Columbia)

Hegreness, Matthew J. (District of Columbia)

Kempfer, Brian Eugene (District of Columbia)

Lazerow, Andrew D. (District of Columbia)

Levitz, Phillip J. (District of Columbia)

Mincberg, Elliot M. (District of Columbia)

Singer, Abraham (Michigan)

Attorneys(s) for Defendant

Foster, Jennifer A (Michigan)

Govorchin, A. Peter (Michigan)

Grant, Gary L. (Michigan)

Jenkins, Robert J. (Michigan)

Long, James E. (Michigan)

Mertens, Scott A. (Michigan)

Miller, Jeanmarie (Michigan)

Soros, Allan J. (Michigan)

Documents in the Clearinghouse

Document

2:15-cv-11222

Docket [PACER]

July 9, 2020

July 9, 2020

Docket
1

2:15-cv-11222

Class Action Complaint for Declaratory and Injunctive Relief

March 31, 2015

March 31, 2015

Complaint

Michigan Department of Corrections Facing Class Action Disability Lawsuit

[MPAS ADA lawsuit, re. deaf prisoners]

No Court

March 31, 2015

March 31, 2015

Press Release
28

2:15-cv-11222

Report and Recommendation to Deny Defendants' Motion for Partial Summary Judgment

2015 WL 13221229

Oct. 30, 2015

Oct. 30, 2015

Magistrate Report/Recommendation
61-29

2:15-cv-11222

Expert Report of Richard Lorenzo Ray

Feb. 10, 2017

Feb. 10, 2017

Monitor/Expert/Receiver Report
76-17

2:15-cv-11222

Expert Report of Dennis Cokely, Ph.D.

March 17, 2017

March 17, 2017

Monitor/Expert/Receiver Report
94

2:15-cv-11222

Report and Recommendation to Grant Plaintiff's Motion for Class Certification

2017 WL 3097806

June 30, 2017

June 30, 2017

Magistrate Report/Recommendation
96

2:15-cv-11222

Report and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Summary Judgment and to Deny Defendants' Motion for Summary Judgment

Feb. 8, 2018

Feb. 8, 2018

Magistrate Report/Recommendation
99

2:15-cv-11222

Opinion and Order Adopting 2/8/18 Report and Recommendation

294 F.Supp.3d 695

March 9, 2018

March 9, 2018

Order/Opinion
111

2:15-cv-11222

Joint Motion for Approval of Class Action Settlement by Plaintiffs and Attached Settlement

Sept. 28, 2018

Sept. 28, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5431053/mcbride-v-michigan-department-of-corrections/

Last updated Aug. 16, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT CLASS ACTION REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5095800 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Davis, Chris) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

Clearinghouse
2

SUMMONS Issued for *Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods* (DAll) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
3

CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Corrections served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
4

CERTIFICATE of Service/Summons Returned Executed. Randall Treacher served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
5

CERTIFICATE of Service/Summons Returned Executed. Daniel H Heyns served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Thomas Finco served on 4/2/2015, answer due 4/23/2015. (Davis, Chris) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Anthony Stewart served on 4/2/2015, answer due 4/23/2015. (Davis, Chris) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
8

ATTORNEY APPEARANCE: A. Peter Govorchin appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Govorchin, A.) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
9

ATTORNEY APPEARANCE: Allan J. Soros appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Soros, Allan) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
10

ATTORNEY APPEARANCE: Robert J. Jenkins appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Jenkins, Robert) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
11

CERTIFICATE of Service/Summons Returned Executed. Jeffrey Woods served on 4/10/2015, answer due 5/1/2015. (Davis, Chris) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
12

STIPULATION AND ORDER Extending Time for Defendants to Respond re 1 Complaint. (Responsive Pleading due by 5/1/2015) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
13

ATTORNEY APPEARANCE: Abraham Singer appearing on behalf of All Plaintiffs (Singer, Abraham) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
14

CERTIFICATE of Service/Summons Returned Executed. Cathleen Stoddard served on 4/13/2015, answer due 5/4/2015. (Davis, Chris) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
15

MOTION for Summary Judgment by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, McBride Step III Grievance Report, # 3 Exhibit B, Wittman Step III Grievance Report, # 4 Exhibit C, Williams Step III Grievance Report, # 5 Exhibit D, MDOC PD 03.02.130, # 6 Exhibit E, Burnett v. Howard) (Govorchin, A.) (Entered: 05/01/2015)

1 Index of Exhibits

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2 Exhibit A, McBride Step III Grievance Report

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3 Exhibit B, Wittman Step III Grievance Report

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4 Exhibit C, Williams Step III Grievance Report

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5 Exhibit D, MDOC PD 03.02.130

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6 Exhibit E, Burnett v. Howard

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May 1, 2015

May 1, 2015

PACER
16

NOTICE by All Plaintiffs OF CORRECTION (Davis, Chris) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER
17

ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand, including 15 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
18

ATTORNEY APPEARANCE: James E. Long appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Long, James) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
19

ATTORNEY APPEARANCE: Jeanmarie Miller appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Miller, Jeanmarie) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
20

ATTORNEY APPEARANCE: Gary L. Grant appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Grant, Gary) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
21

NOTICE of Appearance by Stephen Curtis Bartenstein on behalf of All Plaintiffs. (Bartenstein, Stephen) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
22

NOTICE of Appearance by Andrew D. Lazerow on behalf of All Plaintiffs. (Lazerow, Andrew) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
23

RESPONSE to 15 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Lazerow, Andrew) (Entered: 05/22/2015)

1 Index of Exhibits

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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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May 22, 2015

May 22, 2015

PACER
24

MOTION for Withdrawal of Attorney A. Peter Govorchin by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Govorchin, A.) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
25

ORDER granting 24 Motion to Withdraw as Attorney.. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
26

NOTICE OF HEARING on 15 MOTION for Summary Judgment . Motion Hearing set for 9/17/2015 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
27

STIPULATED SCHEDULING ORDER. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER

Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 9/17/2015 re 15 MOTION for Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco Disposition: #15 taken under advisement(Court Reporter Digitally Recorded) (EBut)

Sept. 18, 2015

Sept. 18, 2015

PACER

Motion Hearing

Sept. 18, 2015

Sept. 18, 2015

PACER
28

REPORT AND RECOMMENDATION to Deny Defendants' 15 MOTION for Partial Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco - Signed by Magistrate Judge David R. Grand. (FMos) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

Clearinghouse
29

OBJECTION to 28 Report and Recommendation with Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - McQueen v Woods, Warden, et al. Order) (Miller, Jeanmarie) (Entered: 11/13/2015)

1 Index of Exhibits

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2 Exhibit A - McQueen v Woods, Warden, et al. Order

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Nov. 13, 2015

Nov. 13, 2015

PACER
30

STIPULATION AND ORDER EXTENDING PLAINTIFFS' DEADLINE TO RESPOND TO 28 REPORT AND RECOMMENDATION re 15 MOTION for Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco, 29 Objection to Report and Recommendation, ( Response due by 12/4/2015.) Signed by District Judge Sean F. Cox. (KWin) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
31

RESPONSE to 29 Objection to Report and Recommendation, by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Lazerow, Andrew) (Entered: 12/04/2015)

1 Index of Exhibits

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2 Exhibit A

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Dec. 4, 2015

Dec. 4, 2015

PACER
32

STIPULATION AND AMENDED SCHEDULING ORDER. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
33

MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 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, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V) (Lazerow, Andrew) (Entered: 03/04/2016)

1 Index of Exhibits

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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

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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March 4, 2016

March 4, 2016

PACER
34

CERTIFICATE OF SERVICE by All Plaintiffs Request for Permission to Enter on MDOC Facilities to Inspect and Photograph (Davis, Chris) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
35

RESPONSE to 33 MOTION to Compel Production of Documents with Certificate of Service filed by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Miller, Jeanmarie) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
36

ORDER Adopting 28 Report and Recommendation for Denying 15 Motion for Summary Judgment, filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

RECAP
37

ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand, including 33 Motion to Compel. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
38

NOTICE OF HEARING BY TELEPHONE on 33 MOTION to Compel Production of Documents. Motion Hearing set for 4/14/2016 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
39

CERTIFICATE OF SERVICE by All Plaintiffs (Davis, Chris) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
40

NOTICE of Appearance by Megan E. Gerking on behalf of All Plaintiffs. (Gerking, Megan) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER

Minute Entry for proceedings before Magistrate Judge David R. Grand: Telephonic Motion Hearing held on 4/14/2016 re 33 MOTION to Compel Production of Documents filed by Mary Ann McBride, Ralph Williams, Brian Stanley Wittman Disposition: Held and continued to 5/10/16 at 10:00a.m. (EBut)

April 14, 2016

April 14, 2016

PACER

Motion Hearing

April 14, 2016

April 14, 2016

PACER
41

NOTICE OF HEARING BY TELEPHONE on 33 MOTION to Compel Production of Documents. Motion Hearing set for 5/10/2016 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
42

STIPULATION AND [PROPOSED] FURTHER AMENDED SCHEDULING ORDER. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
43

ANSWER to Complaint with Affirmative Defenses and Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Miller, Jeanmarie) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
44

MOTION for Protective Order with Brief in Support and Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits A-D, # 2 Exhibit A - Plaintiffs' Notice of Deposition of Heidi Washington, # 3 Exhibit B - Jackson v. City of Detroit, # 4 Exhibit C - Nykoriak v City of Hamtramck, # 5 Exhibit D - Jameson v Oakland County) (Soros, Allan) (Entered: 05/02/2016)

1 Index of Exhibits A-D

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2 Exhibit A - Plaintiffs' Notice of Deposition of Heidi Washington

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3 Exhibit B - Jackson v. City of Detroit

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4 Exhibit C - Nykoriak v City of Hamtramck

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5 Exhibit D - Jameson v Oakland County

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May 2, 2016

May 2, 2016

PACER

Minute Entry for proceedings before Magistrate Judge David R. Grand: Telephonic Motion Hearing held on 5/10/2016 re 33 MOTION to Compel Production of Documents filed by Mary Ann McBride, Ralph Williams, Brian Stanley Wittman. Disposition: Plaintiffs may have until 5/24/16 to either file their reply brief or withdraw the motion to compel. (EBut)

May 10, 2016

May 10, 2016

PACER

Motion Hearing

May 10, 2016

May 10, 2016

PACER
45

CERTIFICATE OF SERVICE by All Plaintiffs (Davis, Chris) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
46

STIPULATED ORDER TO EXTEND TIME TO FILE RESPONSE TO MOTION. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
47

RESPONSE to 44 MOTION for Protective Order with Brief in Support and Certificate of Service filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J) (Davis, Chris) (Entered: 05/23/2016)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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May 23, 2016

May 23, 2016

PACER
48

NOTICE by All Plaintiffs of withdrawal of 33 MOTION to Compel Production of Documents . (Gerking, Megan) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
49

REPLY to Response re 44 MOTION for Protective Order with Brief in Support and Certificate of Service filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Dep of Craig Czinder, # 3 Exhibit B - Dep of Richard Harbaugh, # 4 Exhibit C - Dep of Warden Brewer, # 5 Exhibit D - Dep of Warden Stewart, # 6 Exhibit E - Dep of Warden Campbell) (Soros, Allan) (Entered: 05/31/2016)

1 Index of Exhibits

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2 Exhibit A - Dep of Craig Czinder

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3 Exhibit B - Dep of Richard Harbaugh

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4 Exhibit C - Dep of Warden Brewer

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5 Exhibit D - Dep of Warden Stewart

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6 Exhibit E - Dep of Warden Campbell

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May 31, 2016

May 31, 2016

PACER
50

NOTICE of Appearance by Philip J. Levitz on behalf of All Plaintiffs. (Levitz, Philip) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
51

ORDER granting 44 Motion for Protective Order. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
52

AMENDED SCHEDULING ORDER. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
53

NOTICE of interested party by Edward Burley (DWor) (Entered: 08/02/2016)

Aug. 1, 2016

Aug. 1, 2016

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54

ORDER DENYING REQUEST FOR ORDER BY "INTERERSTED PARTY" 53 . Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 54 Order on Edward Burley Pris. No. 502426 at 9625 PIERCE RD., FREELAND, MI 48623. (EBut)

Aug. 24, 2016

Aug. 24, 2016

PACER

Certificate of Service

Aug. 24, 2016

Aug. 24, 2016

PACER
55

OBJECTION to 54 Order by Edward Burley. (ATee) (Entered: 09/09/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
56

ORDER Overruling 55 Objection filed by Edward Burley and Adopting 54 Order. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

RECAP

Certificate of Service

Nov. 21, 2016

Nov. 21, 2016

PACER
57

STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEPOSITION OF PLAINTIFFS EXPERTS AND DEFENDANTS RULE 26(a)(c) EXPERT DISCLOSURES. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 57 Stipulation and Order on Edward Burley Pris. No. 502426 at 9625 PIERCE ROAD, FREELAND, MI 48623. (EBut)

Nov. 21, 2016

Nov. 21, 2016

PACER
58

MOTION TO EXTEND Time for the Production of Expert Report with Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Miller, Jeanmarie) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
59

RESPONSE to 58 MOTION TO EXTEND Time for the Production of Expert Report with Certificate of Service filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Levitz, Philip) (Entered: 12/22/2016)

1 Exhibit 1

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Dec. 22, 2016

Dec. 22, 2016

PACER

Certificate of Service

Dec. 27, 2016

Dec. 27, 2016

PACER
60

AMENDED SCHEDULING ORDER. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 60 Order on Edward Burley Pris. No. 502426 at 9625 PIERCE ROAD, FREELAND, MI 48623. (EBut)

Dec. 27, 2016

Dec. 27, 2016

PACER
61

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 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, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Exhibit HH, # 36 Exhibit II, # 37 Exhibit JJ, # 38 Exhibit KK, # 39 Exhibit LL, # 40 Exhibit MM, # 41 Exhibit NN) (Lazerow, Andrew) (Entered: 02/10/2017)

1 Index of Exhibits

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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

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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24 Exhibit W

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25 Exhibit X

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26 Exhibit Y

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27 Exhibit Z

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28 Exhibit AA

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29 Exhibit BB

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30 Exhibit CC

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31 Exhibit DD

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32 Exhibit EE

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33 Exhibit FF

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34 Exhibit GG

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35 Exhibit HH

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36 Exhibit II

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37 Exhibit JJ

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38 Exhibit KK

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39 Exhibit LL

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40 Exhibit MM

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41 Exhibit NN

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Feb. 10, 2017

Feb. 10, 2017

PACER
62

DECLARATION by Philip J. Levitz re 61 MOTION to Certify Class filed by All Plaintiffs (Attachments: # 1 Exhibit 1) (Lazerow, Andrew) (Entered: 02/10/2017)

1 Exhibit 1

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Feb. 10, 2017

Feb. 10, 2017

PACER
63

DECLARATION by Chris E. Davis re 61 MOTION to Certify Class filed by All Plaintiffs (Lazerow, Andrew) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
64

DECLARATION by Elliot M. Mincberg re 61 MOTION to Certify Class filed by All Plaintiffs (Lazerow, Andrew) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
65

DECLARATION by Abraham Singer re 61 MOTION to Certify Class filed by All Plaintiffs (Lazerow, Andrew) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER

Certificate of Service

Feb. 13, 2017

Feb. 13, 2017

PACER
66

NOTICE OF HEARING on 61 MOTION to Certify Class . Motion Hearing set for 4/27/2017 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 66 Notice of Hearing on Motion on Edward Burley Pris. No. 502426 at 9625 PIERCE ROAD, FREELAND, MI 48623. (EBut)

Feb. 13, 2017

Feb. 13, 2017

PACER
67

COPY of 66 Notice of hearing mailed to Edward Burley and returned as undeliverable. (DPer) (Entered: 02/27/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER

Certificate of Service

Feb. 27, 2017

Feb. 27, 2017

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68

STIPULATION AND ORDER TO EXTEND DEADLINE FORDEFENDANTS RESPONSE TO CLASS CERTIFICATIONMOTION AND PLAINTIFFS REPLY BRIEF. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 68 Stipulation and Order on Edward Burley Pris. No. 502426 at 9625 PIERCE ROAD, FREELAND, MI 48623. (EBut)

Feb. 27, 2017

Feb. 27, 2017

PACER
69

STIPULATION AND ORDERTO EXTEND DEADLINES FORRULE 56 MOTIONS. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
70

RESPONSE to 61 MOTION to Certify Class filed by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. McBride Answers to Defendants Interrogatories, # 3 Exhibit 2. Williams Answers to Defendants Interrogatories, # 4 Exhibit 3. Wittman OTIS Profile, # 5 Exhibit 4. Medical Service Advisory Committee Guidelines, # 6 Exhibit 5. MDOC Hearing Impaired Prisoner Spreadsheet, # 7 Exhibit 6. MDOC Census, February, 2017, # 8 Exhibit 7. Defendants Answers, # 9 Exhibit 8. Deposition of Robin Gilbert, # 10 Exhibit 9. Healthcare Grid, # 11 Exhibit 10. Paul Slagter Declaration, # 12 Exhibit 11. McBride OTIS Profile, # 13 Exhibit 12. Williams OTIS Profile, # 14 Exhibit 13. Emergency Procedures Operating Procedures, # 15 Exhibit 14. Step III Grievance List) (Miller, Jeanmarie) (Entered: 03/10/2017)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. McBride Answers to Defendants Interrogatories

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3 Exhibit 2. Williams Answers to Defendants Interrogatories

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4 Exhibit 3. Wittman OTIS Profile

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5 Exhibit 4. Medical Service Advisory Committee Guidelines

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7 Exhibit 6. MDOC Census, February, 2017

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8 Exhibit 7. Defendants Answers

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9 Exhibit 8. Deposition of Robin Gilbert

View on PACER

10 Exhibit 9. Healthcare Grid

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11 Exhibit 10. Paul Slagter Declaration

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12 Exhibit 11. McBride OTIS Profile

View on PACER

13 Exhibit 12. Williams OTIS Profile

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14 Exhibit 13. Emergency Procedures Operating Procedures

View on PACER

15 Exhibit 14. Step III Grievance List

View on PACER

March 10, 2017

March 10, 2017

PACER

Text-Only Order

March 15, 2017

March 15, 2017

PACER
71

STIPULATION AND ORDER TO SEAL EXHIBIT 5 OF DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Signed by Magistrate Judge David R. Grand. (LHos) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
72

Ex Parte MOTION for Leave to File Excess Pages with Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Miller, Jeanmarie) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER

TEXT-ONLY ORDER GRANTING 72 Ex Parte MOTION for Leave to File Excess Pages with Certificate of Service filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco. Enteerd by Magistrate Judge David R. Grand. (EBut)

March 15, 2017

March 15, 2017

PACER
73

NOTICE by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods Defendants' Notice of Filing Documents Under Seal with Certificate of Service (Miller, Jeanmarie) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
74

MOTION for Summary Judgment with Brief in Support and Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits 1 - 24, # 2 Exhibit 1 - McBride Answers to Defendants' Interrogatories, # 3 Exhibit 2 - Williams Answers to Defendants' Interrogatories, # 4 Exhibit 3 - Wittman OTIS Profile, # 5 Exhibit 4 - MDOC Census, # 6 Exhibit 5 - Hearing Impaired Prisoner List (Redacted per HIPPA), # 7 Exhibit 6 - Affidavit of Richard Harbaugh, # 8 Exhibit 7 - Deposition of Richard Harbaugh (escerpts), # 9 Exhibit 8 - Healthcare Grid, # 10 Exhibit 9 - Deposition of Robin Gilbert (excerpts), # 11 Exhibit 10 - Affidavit of Paul Slagter, # 12 Exhibit 11 - Wittman Answers to Defendants' Interrogatories, # 13 Exhibit 12 - cover page of McBride Medical Records (filed under seal), # 14 Exhibit 13 - Prisoner Telephone Use Operating Procedures for DRF, JCF, SMT, SRF, and WHV, # 15 Exhibit 14 - cover page of Williams Medical Records (filed under seal), # 16 Exhibit 15 - Page Alert Broadcast System Operating Procedures for DRF, JCF, SMT, SRF, and WHV, # 17 Exhibit 16 - Fire Control and Emergency Evac. Operating Proc. for DRF, JCF, SMT, SRF, and WHV, # 18 Exhibit 17 - Deposition of Paul Slagter (excerpts), # 19 Exhibit 18 - April 20, 2015 email regarding ASL Interpreters, # 20 Exhibit 19 - June 1, 2015 letter to Linguistica Intern. from Dir. Heyns, # 21 Exhibit 20 - July 20, 2015 Memo from Kenneth McKee, # 22 Exhibit 21 - Translation Services Spreadsheet, # 23 Exhibit 22 - Deposition of Kenneth McKee (excerpts), # 24 Exhibit 23 - Part I - Translation Purchase Orders, # 25 Exhibit 23 - Part II - Translation Purchase Orders, # 26 Exhibit 24 - 30(b)(6) Deposition of Paul Slagter (excerpts)) (Miller, Jeanmarie) (Entered: 03/17/2017)

1 Index of Exhibits 1 - 24

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2 Exhibit 1 - McBride Answers to Defendants' Interrogatories

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3 Exhibit 2 - Williams Answers to Defendants' Interrogatories

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4 Exhibit 3 - Wittman OTIS Profile

View on PACER

5 Exhibit 4 - MDOC Census

View on PACER

6 Exhibit 5 - Hearing Impaired Prisoner List (Redacted per HIPPA)

View on PACER

7 Exhibit 6 - Affidavit of Richard Harbaugh

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8 Exhibit 7 - Deposition of Richard Harbaugh (escerpts)

View on PACER

9 Exhibit 8 - Healthcare Grid

View on PACER

10 Exhibit 9 - Deposition of Robin Gilbert (excerpts)

View on PACER

11 Exhibit 10 - Affidavit of Paul Slagter

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12 Exhibit 11 - Wittman Answers to Defendants' Interrogatories

View on PACER

13 Exhibit 12 - cover page of McBride Medical Records (filed under seal)

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14 Exhibit 13 - Prisoner Telephone Use Operating Procedures for DRF, JCF, SMT, SRF,

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15 Exhibit 14 - cover page of Williams Medical Records (filed under seal)

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16 Exhibit 15 - Page Alert Broadcast System Operating Procedures for DRF, JCF, SMT,

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17 Exhibit 16 - Fire Control and Emergency Evac. Operating Proc. for DRF, JCF, SMT,

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18 Exhibit 17 - Deposition of Paul Slagter (excerpts)

View on PACER

19 Exhibit 18 - April 20, 2015 email regarding ASL Interpreters

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20 Exhibit 19 - June 1, 2015 letter to Linguistica Intern. from Dir. Heyns

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21 Exhibit 20 - July 20, 2015 Memo from Kenneth McKee

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22 Exhibit 21 - Translation Services Spreadsheet

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23 Exhibit 22 - Deposition of Kenneth McKee (excerpts)

View on PACER

24 Exhibit 23 - Part I - Translation Purchase Orders

View on PACER

25 Exhibit 23 - Part II - Translation Purchase Orders

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26 Exhibit 24 - 30(b)(6) Deposition of Paul Slagter (excerpts)

View on PACER

March 17, 2017

March 17, 2017

PACER
75

SEALED EXHIBIT 12 and 14 re 73 Notice (Other), 74 MOTION for Summary Judgment with Brief in Support and Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Exhibit 14) (Miller, Jeanmarie) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
76

MOTION for Summary Judgment on Counts I & II of the Complaint by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 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, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit BB, # 28 Exhibit CC, # 29 Exhibit DD, # 30 Exhibit FF, # 31 Exhibit KK, # 32 Exhibit LL, # 33 Exhibit SS, # 34 Exhibit TT, # 35 Exhibit UU, # 36 Exhibit VV, # 37 Exhibit WW, # 38 Exhibit XX, # 39 Exhibit YY, # 40 Exhibit ZZ, # 41 Exhibit AAA, # 42 Exhibit BBB, # 43 Exhibit CCC, # 44 Exhibit DDD, # 45 Exhibit EEE, # 46 Exhibit FFF, # 47 Exhibit GGG, # 48 Exhibit HHH, # 49 Exhibit III, # 50 Exhibit JJJ) (Lazerow, Andrew) (Entered: 03/17/2017)

1 Index of Exhibits

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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

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11 Exhibit J

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12 Exhibit K

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit W

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23 Exhibit X

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24 Exhibit Y

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25 Exhibit Z

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26 Exhibit AA

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27 Exhibit BB

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28 Exhibit CC

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29 Exhibit DD

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30 Exhibit FF

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31 Exhibit KK

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32 Exhibit LL

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33 Exhibit SS

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34 Exhibit TT

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35 Exhibit UU

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36 Exhibit VV

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37 Exhibit WW

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38 Exhibit XX

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39 Exhibit YY

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40 Exhibit ZZ

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41 Exhibit AAA

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42 Exhibit BBB

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43 Exhibit CCC

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44 Exhibit DDD

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45 Exhibit EEE

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46 Exhibit FFF

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47 Exhibit GGG

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48 Exhibit HHH

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49 Exhibit III

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50 Exhibit JJJ

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March 17, 2017

March 17, 2017

PACER
77

SEALED EXHIBIT re 76 MOTION for Summary Judgment on Counts I & II of the Complaint by All Plaintiffs. (Attachments: # 1 Exhibit V, # 2 Exhibit EE, # 3 Exhibit GG, # 4 Exhibit HH, # 5 Exhibit II, # 6 Exhibit JJ, # 7 Exhibit MM, # 8 Exhibit NN, # 9 Exhibit OO, # 10 Exhibit PP, # 11 Exhibit QQ, # 12 Exhibit RR) (Lazerow, Andrew) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
78

STATEMENT of of Material Facts Not in Dispute re Motion for Summary Judgment on Counts I & II of the Complaint 76 by All Plaintiffs (Lazerow, Andrew) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

RECAP
79

NOTICE by All Plaintiffs re 77 Sealed Exhibit, (Lazerow, Andrew) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
80

REPLY to Response re 61 MOTION to Certify Class filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit OO - Gooch v. Life Invrs Ins. Co. of Am., 672 F.3d 402 (6th Cir. 2012), # 3 Exhibit PP - Holmes v. Godinez, 311 F.R.D. 177 (N.D. Ill. 2015), # 4 Exhibit QQ - Grievance URF-14-06-1931-17a) (Lazerow, Andrew) (Entered: 03/31/2017)

1 Index of Exhibits

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2 Exhibit OO - Gooch v. Life Invrs Ins. Co. of Am., 672 F.3d 402 (6th Cir. 2012)

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3 Exhibit PP - Holmes v. Godinez, 311 F.R.D. 177 (N.D. Ill. 2015)

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4 Exhibit QQ - Grievance URF-14-06-1931-17a

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March 31, 2017

March 31, 2017

PACER
81

SEALED EXHIBIT RR re 80 Reply to Response to Motion, by All Plaintiffs. (Lazerow, Andrew) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
82

NOTICE by All Plaintiffs re 81 Sealed Exhibit RR (Lazerow, Andrew) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Post-WalMart decisions on class certification

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: March 31, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three deaf or hard of hearing prisoners, on behalf of themselves and those similarly situated.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1,300,000

Order Duration: 2019 - 2021

Content of Injunction:

Monitor/Master

Monitoring

Reasonable Accommodation

Recordkeeping

Training

Preliminary relief denied

Issues

General:

Barrier Removal

Classification / placement

Effective Communication (ADA)

Language access/needs

Reasonable Accommodations

Religious programs / policies

Retaliation

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

P&A Associational Standing

Type of Facility:

Government-run