Case: Porter v. Clarke

1:14-cv-01588 | U.S. District Court for the Eastern District of Virginia

Filed Date: Nov. 20, 2014

Closed Date: May 6, 2019

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Case Summary

On November 20th, 2014, four persons convicted of capital murder, sentenced to death, and awaiting execution of that sentence while confined on death row at Virginia’s Sussex I State Prison (SISP) filed this lawsuit in the U.S. District Court of the Eastern District of Virginia. The plaintiffs sued the Virginia Department of Corrections and SISP under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs asked the court to extend the declaratory relief awarded to Mr. Prieto in Prieto v. Clarke to themselves, to enjoin defendants from failing to extend to the plaintiffs their rights and privileges afforded Mr. Prieto as a result of this court's order in his case. The plaintiffs also sought reasonable attorney's fees and costs pursuant to 42 U.S.C. §1988.

The plaintiffs alleged two violations. First, they contended that the conditions of their confinement on death row and the procedures for placing them there violated the Eighth and Fourteenth Amendments. Second, they argued that their permanent segregation subjects them to an inhumane existence unrelated to any legitimate penological goal, amounting to imposition of cruel and unusual punishment violating the Eighth Amendment.

On Feb 4, 2015, the defendants filed a motion to dismiss. This motion was denied on April 17, 2015. On December 21, 2015 both parties filed motions for summary judgment.

On July 8, 2016, Judge Leonie M. Brinkema granted defendants’ motion for summary judgment, denying plaintiffs’ motion for summary judgment as moot. 2016 WL 3766301. The court found that defendants made several significant changes to the conditions of SISP, resulting in new conditions of confinement that plaintiffs conceded do not violate the Eighth Amendment. The court also found that because the improvements voluntarily made by defendants have rendered plaintiffs' claims moot, it would be inappropriate under the specific facts of this action to reach the merits of plaintiffs' claims or to invoke the injunction authority of the court.

On August 4, 2016, the plaintiffs filed an appeal to U.S. Court of Appeals for the Fourth Circuit, claiming that the improvements made to the conditions on death row did not moot their claims (16-07044). On January 25, 2017, the court (Judges Paul v. Niemeyer, William B. Traxler, Jr., and James A. Wynn, Jr.) heard oral arguments.

Judge Wynn delivered the opinion of the court on March 24, 2017, ruling that the improvements made did not render the plaintiffs’ claims moot. 852 F.3d 358. The case was reversed and remanded to the district court due to the defendants' unilateral capacity to reinstitute the challenged policies, their refusal to promise not to reinstitute said policies, and the defendants' outlining of certain instances when those policies might be reinstituted.

Back in the district court, the parties reopened discovery, and on August 25, 2017 both parties moved for summary judgment. On February 21, 2018, Judge Brinkema granted the plaintiffs' and denied the defendants' motions for summary judgment. 290 F.Supp.3d 518. Judge Brinkema declared that the pre-2015 conditions of the prison, including periods of isolation lasting up to 23 hours a day, were unconstitutional and in violation of the plaintiffs’ Eighth Amendment rights. It was further ordered that the defendants be enjoined from reinstituting the pre-2015 conditions. The injunction was to remain in place for two years, absent a finding that the prison reverted to pre-2015 conditions.

The defendants appealed the order to the U.S. Court of Appeals for the Fourth Circuit on March 13, 2018. On December 13, 2018, the court (Judges Paul V. Niemeyer, Robert B. King and James A. Wynn) heard oral argument. Judge Wynn delivered the opinion of the court on May 3, 2019, amending the opinion on May 6 and affirming the district court's decision. First, the court found that the district court's grant of summary judgment was appropriate. Under the undisputed facts, the challenged conditions of confinement on Virginia’s death row created a “substantial risk” of serious psychological and emotional harm, thus satisfying the objective prong of the Eighth Amendment analysis. Further, the court found that the subjective prong was also satisfied, as the defendants were deliberately indifferent to the risk of serious psychological and emotional harm. Second, the court upheld the district court's injunction against reinstituting the pre-2015 conditions. 923 F.3d 348 (4th Cir. 2019).

The defendants filed a petition for rehearing or rehearing en banc; it was denied on July 26, 2019, with five votes to grant rehearing en banc (Judge Wilkinson, Judge Niemeyer, Judge Richardson, Judge Quattlebaum, and Judge Rushing).

As of April 1, 2021, the case appears to be closed.

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Summary Authors

Kristin D'Souza (8/4/2016)

Julie Singer (3/5/2017)

Nichollas Dawson (3/7/2018)

Eva Richardson (5/29/2019)

Gabrielle Simeck (4/1/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5327733/parties/porter-v-clarke/

Judge(s)

Brinkema, Leonie M. (Virginia)

Niemeyer, Paul Victor (Maryland)

Attorney for Plaintiff

Fogel, Jeffrey E. (Virginia)

Glasberg, Victor Michael (Virginia)

Attorney for Defendant

Dwyre, Kate Elizabeth (Virginia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Niemeyer, Paul Victor (Maryland)

Traxler, William Byrd Jr. (Virginia)

Wynn, James Andrew Jr. (North Carolina)

Attorney for Plaintiff

Fogel, Jeffrey E. (Virginia)

Glasberg, Victor Michael (Virginia)

Rosenfield, Steven David (Virginia)

Attorney for Defendant

Dwyre, Kate Elizabeth (Virginia)

O'Shea, Margaret Hoehl (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:14-cv-01588	Docket [PACER]	May 17, 2019	May 17, 2019 Docket
1 1:14-cv-01588	Complaint	Nov. 20, 2014	Nov. 20, 2014 Complaint
166 1:14-cv-01588	Memorandum Opinion	July 8, 2016	July 8, 2016 Order/Opinion 2016 WL 2016
16-07044	Opinion [Reversing and Remanding Decision] Porter and Teleguz v. Clarke U.S. Court of Appeals for the Fourth Circuit	Jan. 25, 2017	Jan. 25, 2017 Order/Opinion
220 1:14-cv-01588	Memorandum Opinion	Feb. 21, 2018	Feb. 21, 2018 Order/Opinion
240 1:14-cv-01588	Published Amended Opinion of USCA U.S. Court of Appeals for the Fourth Circuit	May 6, 2019	May 6, 2019 Order/Opinion 923 F.3d 923

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5327733/porter-v-clarke/

Last updated March 23, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Harold C. Clarke, Keith W. Davis (Filing fee $ 400, receipt number 14683047796) filed by Thomas Porter, Anthony Bernard Juniper, Mark Lawlor, Ricky Gray, Ivan Teleguz. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jlan) (Entered: 11/21/2014) 1 Civil Cover Sheet View on PACER 2 Receipt View on PACER	Nov. 20, 2014	Nov. 20, 2014 RECAP
2	Summons Issued to be served by SPS as to Harold C. Clarke, Keith W. Davis. (jlan) (Entered: 11/21/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
3	NOTICE of Appearance by Jeffrey E. Fogel on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Fogel, Jeffrey) (Main Document 3 replaced on 11/26/2014) (jlan, ).	Nov. 24, 2014	Nov. 24, 2014 PACER
4	NOTICE of Appearance by Steven David Rosenfield on behalf of Thomas Porter (Rosenfield, Steven)	Nov. 24, 2014	Nov. 24, 2014 PACER
5	NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Harold C. Clarke, Keith W. Davis (Dwyre, Kate)	Dec. 3, 2014	Dec. 3, 2014 PACER
6	NOTICE of Appearance by Margaret Hoehl O'Shea on behalf of Harold C. Clarke, Keith W. Davis (O'Shea, Margaret)	Dec. 3, 2014	Dec. 3, 2014 PACER
7	MOTION to Change Venue by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Dec. 3, 2014	Dec. 3, 2014 PACER
8	Memorandum in Support re [7] MOTION to Change Venue filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit Exhibit 1 - map displaying the physical locations of state correctional facilities within the Commonwealth of Virginia)(Dwyre, Kate)	Dec. 3, 2014	Dec. 3, 2014 PACER
	Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 7 MOTION to Change Venue (jlan)	Dec. 4, 2014	Dec. 4, 2014 PACER
9	Notice of Hearing Date re [7] MOTION to Change Venue (Dwyre, Kate)	Dec. 4, 2014	Dec. 4, 2014 PACER
	Motion Hearing set for 1/30/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema as to 7 MOTION to Change Venue. (gwalk, )	Dec. 5, 2014	Dec. 5, 2014 PACER
10	NOTICE by Harold C. Clarke, Keith W. Davis of joint Waiver of Oral Argument (Dwyre, Kate)	Dec. 5, 2014	Dec. 5, 2014 PACER
11	Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Dec. 5, 2014	Dec. 5, 2014 PACER
12	Memorandum in Support re [11] Joint MOTION for Entry of Consent Briefing Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit Exhibit 1 - Consent Briefing Order)(Dwyre, Kate)	Dec. 5, 2014	Dec. 5, 2014 PACER
13	CONSENT BRIEFING ORDER. Signed by District Judge Leonie M. Brinkema on 12/5/14.(See Order for details). (gwalk, )	Dec. 5, 2014	Dec. 5, 2014 PACER
14	Memorandum in Opposition re [7] MOTION to Change Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	Dec. 30, 2014	Dec. 30, 2014 PACER
15	Reply to [14] Memorandum in Opposition to Motion to Transfer Venue filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Jan. 5, 2015	Jan. 5, 2015 PACER
16	MOTION Surreply in opposition to motion to transfer venue re [14] Memorandum in Opposition, [15] Reply, Set Motion and R&R Deadlines/Hearings by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # (1) Exhibit Proposed Surreply)(Glasberg, Victor)	Jan. 13, 2015	Jan. 13, 2015 PACER
17	ORDER granting [16] Motion for leave to file surreply in opposition to motion to transfer venue [6]. Signed by District Judge Leonie M. Brinkema on 1/13/15. (see order for further details). (gwalk, )	Jan. 13, 2015	Jan. 13, 2015 PACER
18	Reply to [15] Reply Surreply Opposing Transfer of Venue filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	Jan. 13, 2015	Jan. 13, 2015 PACER
19	ORDER denying [7] Motion to Change Venue. Signed by District Judge Leonie M. Brinkema on 01/28/2015. (jlan)	Jan. 28, 2015	Jan. 28, 2015 PACER
20	MOTION to Dismiss by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Feb. 4, 2015	Feb. 4, 2015 PACER
21	Memorandum in Support re [20] MOTION to Dismiss filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Feb. 4, 2015	Feb. 4, 2015 PACER
22	Notice of Hearing Date re [20] MOTION to Dismiss (Dwyre, Kate)	Feb. 5, 2015	Feb. 5, 2015 PACER
	Set Deadlines as to 20 MOTION to Dismiss . Motion Hearing set for 4/3/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )	Feb. 6, 2015	Feb. 6, 2015 PACER
23	NOTICE by Harold C. Clarke, Keith W. Davis (Joint) of Waiver of Oral Argument on Motion for Entry of Consent Briefing Order (Dwyre, Kate)	Feb. 24, 2015	Feb. 24, 2015 PACER
24	Joint MOTION for Entry of Consent Briefing Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Feb. 24, 2015	Feb. 24, 2015 PACER
25	Memorandum in Support re [24] Joint MOTION for Entry of Consent Briefing Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit 1 - Consent Briefing Order)(Dwyre, Kate)	Feb. 24, 2015	Feb. 24, 2015 PACER
26	Notice of Hearing Date Amended re [20] MOTION to Dismiss (Dwyre, Kate)	Feb. 24, 2015	Feb. 24, 2015 PACER
27	Consent Briefing Order [24] Joint MOTION for Entry of Consent Briefing Order (See order for details). Signed by District Judge Leonie M. Brinkema on 02/24/2015. (jlan)	Feb. 24, 2015	Feb. 24, 2015 PACER
	Reset Deadlines as to 20 MOTION to Dismiss . Motion Hearing set for 4/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )	Feb. 25, 2015	Feb. 25, 2015 PACER
28	Consent MOTION for Extension of Time to File Response/Reply as to [20] MOTION to Dismiss by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # (1) Proposed Order)(Glasberg, Victor)	March 2, 2015	March 2, 2015 PACER
29	ORDER granting [28] Motion for Extension of Time to File Response/Reply re [20] MOTION to Dismiss . Responses due by 3/20/2015; Replies due by 4/3/2015.Signed by District Judge Leonie M. Brinkema on 3/2/2015. (rban, )	March 2, 2015	March 2, 2015 PACER
30	STIPULATION of Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	March 19, 2015	March 19, 2015 PACER
31	So Ordered in re [30] Stipulation of Dismissal filed by Harold C. Clarke, Keith W. Davis. Signed by District Judge Leonie M. Brinkema on 03/19/2015. (jlan)	March 19, 2015	March 19, 2015 PACER
32	Opposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7)(Glasberg, Victor)	March 20, 2015	March 20, 2015 PACER
33	NOTICE by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz re [32] Opposition, Praecipe (Declaration of Victor M. Glasberg Submitted) (Attachments: # (1) Exhibit Declaration of Victor M. Glasberg)(Glasberg, Victor)	March 20, 2015	March 20, 2015 PACER
	Set Deadline as to 20 MOTION to Dismiss. Motion Hearing set for 4/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (jlan)	March 31, 2015	March 31, 2015 PACER
34	NOTICE by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz Notice of Dismissal of Plaintiff Ivan Teleguez (Glasberg, Victor)	April 1, 2015	April 1, 2015 PACER
35	Reply to [32] Opposition, filed by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	April 3, 2015	April 3, 2015 PACER
36	Motion to appear Pro Hac Vice by Yuri Fuchs and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413891. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	April 17, 2015	April 17, 2015 PACER
37	Motion to appear Pro Hac Vice by Elizabeth Catherine Lockwood and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413904. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	April 17, 2015	April 17, 2015 PACER
38	Motion to appear Pro Hac Vice by Kathryn Linde Marshall and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413914. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	April 17, 2015	April 17, 2015 PACER
39	Motion to appear Pro Hac Vice by Ryan Joseph Stephenson and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4413923. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	April 17, 2015	April 17, 2015 PACER
40	Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 4/17/2015. Appearances of counsel. Defts' [20] MOTION to Dismiss is argued and DENIED.(order to follow) (Court Reporter A. Thomson.)(yguy)	April 17, 2015	April 17, 2015 PACER
41	ORDER: For the reasons stated in open court, it is hereby ORDERED that defendants' Motion to Dismiss [Dkt. No. 20] be and is DENIED. Signed by District Judge Leonie M. Brinkema on 4/17/15. (yguy)	April 17, 2015	April 17, 2015 PACER
42	SCHEDULING ORDER: Initial Pretrial Conference set for 5/6/2015 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 9/17/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Discovery due by 9/11/2015. Signed by District Judge Leonie M. Brinkema on 4/17/15. (Attachments: # (1) Mag.Consent, # (2) Pretrial Notice)(yguy)	April 17, 2015	April 17, 2015 PACER
43	ORDER granting [36] Motion to appear Pro Hac Vice by Yuri Fuchs and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan)	April 21, 2015	April 21, 2015 PACER
44	ORDER granting [37] Motion to appear Pro Hac Vice by Elizabeth Catherine Lockwood and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan)	April 21, 2015	April 21, 2015 PACER
45	ORDER granting [38] Motion to appear Pro Hac Vice by Kathryn Linde Marshall and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan)	April 21, 2015	April 21, 2015 PACER
46	ORDER granting [39] Motion to appear Pro Hac Vice by Ryan Joseph Stephenson and Certification of Local Counsel Victor M. Glasberg. Signed by District Judge Leonie M. Brinkema on 04/21/2014. (jlan)	April 21, 2015	April 21, 2015 PACER
47	TRANSCRIPT of proceedings held on 4/17/2015, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 5/21/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 7/20/2015.(thomson, anneliese)	April 21, 2015	April 21, 2015 PACER
48	Proposed Consent Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)	April 29, 2015	April 29, 2015 PACER
49	ANSWER to Complaint by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)	May 5, 2015	May 5, 2015 PACER
50	Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Initial Pretrial Conference held on 5/6/2015. Appearance of counsel. Joint Discovery Plan approved as amended. Joint plan to be filed by close of business on 5/8/15. Order to follow. (jwil, )	May 6, 2015	May 6, 2015 PACER
51	Amended Proposed Discovery Plan by Harold C. Clarke, Keith W. Davis.(Dwyre, Kate)	May 6, 2015	May 6, 2015 PACER
52	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that 1. All discovery shall be concluded by September 11, 2015.2. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2), notices of depositions,interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. 3. The Amended Proposed Consent Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. See Order for details. Signed by Magistrate Judge Ivan D. Davis on 05/07/2015. (jwil, )	May 7, 2015	May 7, 2015 PACER
53	CERTIFICATE of Service Plaintiffs' Rule 26(A)(1) Initial Disclosures by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor)	May 20, 2015	May 20, 2015 PACER
54	MOTION Motion For Entry of Consent Order and Waiver of Hearing by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Attachments: # (1) Proposed Order Proposed Consent Order)(Glasberg, Victor)	June 5, 2015	June 5, 2015 PACER
55	Waiver of Waiver of Hearing of Motion for Entry of Consent Order by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor)	June 5, 2015	June 5, 2015 PACER
	Notice of Correction: the original consent order needs to be filed with the clerks office in re 54 Motion For Entry of Consent Order and Waiver of Hearing. (jlan)	June 8, 2015	June 8, 2015 PACER
56	ORDER granting [54] Motion For Entry of Consent Order. Signed by Magistrate Judge Ivan D. Davis on 06/08/2015. (jlan)	June 8, 2015	June 8, 2015 PACER
57	CERTIFICATE of Service Objections to Defendants' Initial Request For Discovery by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor)	June 12, 2015	June 12, 2015 PACER
58	Certificate Regarding Discovery by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter.(Glasberg, Victor)	June 29, 2015	June 29, 2015 PACER
59	MOTION for Judicial Viewing by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Glasberg, Victor)	July 2, 2015	July 2, 2015 PACER
60	Memorandum in Support re [59] MOTION for Judicial Viewing filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Attachments: # (1) Exhibit Raemiscxh article)(Glasberg, Victor)	July 2, 2015	July 2, 2015 PACER
61	Notice of Hearing Date July 10, 2015 re [59] MOTION for Judicial Viewing (Glasberg, Victor)	July 2, 2015	July 2, 2015 PACER
	Set Deadlines as to 59 MOTION for Judicial Viewing . Motion Hearing set for 7/10/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )	July 6, 2015	July 6, 2015 PACER
62	Response to [59] MOTION for Judicial Viewing filed by Harold C. Clarke. (O'Shea, Margaret)	July 6, 2015	July 6, 2015 PACER
63	ORDERED that [59] the Motion for Judicial Viewing will be resolved through a telephone conference on the record at 9:30 a.m. on Wednesday, July 8, 2015. Signed by District Judge Leonie M. Brinkema on 07/06/2015. (dvanm, )	July 6, 2015	July 6, 2015 PACER
64	Motion to appear Pro Hac Vice by Parker Davidson Thomson and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-4531616. by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz. (Glasberg, Victor)	July 7, 2015	July 7, 2015 PACER
65	CERTIFICATE of Service Plaintiffs' Supplemental Disclosures by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor)	July 7, 2015	July 7, 2015 PACER
66	ORDERED that the [59] Motion for Judicial Viewing be and is TAKEN UNDER ADVISEMENT. Signed by District Judge Leonie M. Brinkema on 07/08/2015. (jlan)	July 8, 2015	July 8, 2015 PACER
67	ORDER granting [64] Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 7/8/15. (gwalk, )	July 8, 2015	July 8, 2015 PACER
68	MOTION Entry of Consent Order by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Attachments: # (1) Proposed Order)(Glasberg, Victor)	July 9, 2015	July 9, 2015 PACER
69	CONSENT ORDER. Signed by District Judge Leonie M. Brinkema on 7/10/15. (See Order for details). (gwalk, )	July 10, 2015	July 10, 2015 PACER
70	TRANSCRIPT of proceedings held on 7/8/2015, before Judge Leonie M. Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 9/16/2015. Release of Transcript Restriction set for 10/15/2015.(thomson, anneliese)	July 17, 2015	July 17, 2015 PACER
71	MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret)	July 24, 2015	July 24, 2015 PACER
72	Memorandum in Support re [71] MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit Declaration of Dr. Saathoff)(O'Shea, Margaret)	July 24, 2015	July 24, 2015 PACER
73	Notice of Hearing Date re [71] MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (O'Shea, Margaret)	July 24, 2015	July 24, 2015 PACER
	Set Deadlines as to 71 MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs. Motion Hearing set for 7/31/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )	July 28, 2015	July 28, 2015 PACER
74	Joint MOTION for Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	July 28, 2015	July 28, 2015 PACER
75	Memorandum in Support re [74] Joint MOTION for Entry of Consent Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit 1 -Consent Order)(Dwyre, Kate)	July 28, 2015	July 28, 2015 PACER
76	Waiver of Oral Argument [74] Joint MOTION for Entry of Consent Order by Harold C. Clarke, Keith W. Davis (Dwyre, Kate) Text Modified on 7/29/2015 To Reflect Correct Event Choice & Linkage(nhall).	July 28, 2015	July 28, 2015 PACER
77	Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	July 30, 2015	July 30, 2015 PACER
78	Memorandum in Support re [77] Joint MOTION For Entry of Consent Order filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit 1 - Consent Order)(Dwyre, Kate)	July 30, 2015	July 30, 2015 PACER
79	Waiver of re [77] Joint MOTION For Entry of Consent Order by Harold C. Clarke, Keith W. Davis (Dwyre, Kate)	July 30, 2015	July 30, 2015 PACER
80	Withdrawal of Motion by Harold C. Clarke, Keith W. Davis re [71] MOTION for Discovery Rule 35 Independent Mental Examination of Plaintiffs (Dwyre, Kate)	July 30, 2015	July 30, 2015 PACER
81	ORDER granting [77] Joint Motion For Entry of Consent Order (See order for details). Signed by District Judge Leonie M. Brinkema on 07/30/2015. (jlan)	July 30, 2015	July 30, 2015 PACER
83	ORDER in re [59] Motion for Judicial Viewing (see order for details). Signed by District Judge Leonie M. Brinkema on 07/30/2015. (jlan)	July 30, 2015	July 30, 2015 PACER
82	CERTIFICATE of Service Notice of 30(b)(6) Deposition by Victor Michael Glasberg on behalf of Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter, Ivan Teleguz (Glasberg, Victor)	July 31, 2015	July 31, 2015 PACER
	Set Deadlines as to 84 MOTION to Stay and to Refer Remaining Issues to Mediation. Motion Hearing set for 8/21/2015 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )	Aug. 10, 2015	Aug. 10, 2015 PACER
84	MOTION to Stay and to Refer Remaining Issues to Mediation by Harold C. Clarke, Keith W. Davis. (O'Shea, Margaret)	Aug. 10, 2015	Aug. 10, 2015 PACER
85	Memorandum in Support re [84] MOTION to Stay and to Refer Remaining Issues to Mediation filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Exhibit 1 - Affidavit of Harold Clarke)(O'Shea, Margaret)	Aug. 10, 2015	Aug. 10, 2015 PACER
86	Notice of Hearing Date set for August 21, 2015 @ 10:00 a.m. re [84] MOTION to Stay and to Refer Remaining Issues to Mediation (O'Shea, Margaret)	Aug. 10, 2015	Aug. 10, 2015 PACER
87	RESPONSE to Motion re [84] MOTION to Stay and to Refer Remaining Issues to Mediation filed by Ricky Gray, Anthony Bernard Juniper, Mark Lawlor, Thomas Porter. (Glasberg, Victor)	Aug. 10, 2015	Aug. 10, 2015 PACER
88	ORDER granting [84] Motion to Stay. it is herebyORDERED that, with the exception of expert disclosures which must remain asscheduled, all activity and deadlines in this litigation be and are STAYED for 90 days during which the parties are directed to evaluate whether defendants' changes to plaintiffs' conditions of confinement are sufficient to resolve this litigation. If the parties do not agree, they must immediately schedule a mediation session with Judge Buchanan to try to resolve their differences. Signed by District Judge Leonie M. Brinkema on 8/12/2015. (see Order for details) (dvanm, )	Aug. 12, 2015	Aug. 12, 2015 PACER
89	MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) by Harold C. Clarke, Keith W. Davis. (Dwyre, Kate)	Aug. 14, 2015	Aug. 14, 2015 PACER
90	Memorandum in Support re [89] MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) filed by Harold C. Clarke, Keith W. Davis. (Attachments: # (1) Order)(Dwyre, Kate)	Aug. 14, 2015	Aug. 14, 2015 PACER
91	Waiver of re [89] MOTION to Extend Deadline for Serving Expert Witness Reports (Unopposed) by Harold C. Clarke, Keith W. Davis (Dwyre, Kate)	Aug. 14, 2015	Aug. 14, 2015 PACER