Case: McGee v. Pallito

5:04-cv-00335 | U.S. District Court for the District of Vermont

Filed Date: Dec. 9, 2004

Closed Date: July 14, 2017

Clearinghouse coding complete

Case Summary

On December 9, 2004, an inmate in the Vermont Department of Corrections filed this lawsuit pro se in the U.S. District Court District of Vermont. The plaintiff sued the Commissioner of the Vermont Department of Corrections and the Superintendents of Southern State Correctional Facility and Northern State Correctional Facility under 42 U.S.C. §1983. The pro se plaintiff sought declaratory relief stating the defendants’ actions were unlawful and violated the plaintiff’s rights, along with an injunction stopping the conduct itself. The plaintiff claimed that the defendants violated the Eighth Amendment and inflicted cruel and unusual punishment by illuminating cells with bright lights twenty-four hours per day, thus preventing him and other inmates from sleeping.

In September 2005, many other inmates attempted to join the suit by filing motions to intervene. The plaintiff filed a Notice of Class Action on September 15, 2005. However, the court denied these motions and issued an order denying class certification because Plaintiff was pro se on September 26, 2005. After the plaintiff filed three motions for appointment of counsel, the court finally appointed counsel on December 1, 2005.

Over the next several months, more inmates filed motions to intervene, which were granted by the court. The plaintiff filed a new motion for class certification on July 11, 2006. On October 16, 2006, the court granted the plaintiff’s motion for class certification shortly after a report and recommendation from Magistrate Judge Jerome J. Niedermeier. 2006 WL 2975752. The class consisted of inmates: "who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result."

The plaintiff filed a second amended complaint on April 16, 2007. After about two years of discovery, the defendant filed a motion for summary judgment on April 30, 2009. The court granted the defendant’s motion for summary judgment on December 20, 2010. 2010 WL 5389996.

The plaintiff appealed the summary judgment order to the Second Circuit on April 11, 2011. On appeal, the plaintiff argued that the district court appointed class counsel whose performance was deficient. The Second Circuit agreed and found that the district court abused its discretion in appointing the class counsel because it did not consider counsel’s inexperience in class actions and the lack of resources for counsel to litigate the case properly. In addition, the Second Circuit vacated the summary judgment order and remanded the case for further proceedings. On remand, the district court appointed new class counsel for the plaintiffs.

After further discovery, the parties came to a settlement agreement that was approved by the court on July 12, 2017. The settlement required that the correction facilities keep the lights dim, make sleep masks available to inmates, provide sleep masks, and pay $50,000 in attorneys’ fees. On July 14, 2017, the court ordered the case dismissed with prejudice, costs, and attorney’s fees in accordance with the settlement agreement. The parties agreed that the settlement agreement met the requirements of the Prison Litigation Reform Act (18 U.S.C. § 3626). The PLRA provides that the settlement is terminable upon motion of any party two years after the date the court approved the settlement agreement. As of April 2021, there was no further activity on the case and the settlement agreement remained in place. The case is presumably closed.

Summary Authors

Katie Chan (10/12/2017)

Emma Himes (11/27/2019)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4536955/parties/mcgee-v-gold/

Judge(s)

Crawford, Geoffrey William (Vermont)

Attorney for Plaintiff

Franklin, Gary L. (Vermont)

Hoover, Timothy W. (New York)

Lipschutz, Seth E. (Vermont)

Maguire, Daniel R. (New York)

Attorney for Defendant

Judge(s)

Crawford, Geoffrey William (Vermont)

Murtha, John Garvan (Vermont)

Niedermeier, Jerome J. (Vermont)

Attorney for Plaintiff

Franklin, Gary L. (Vermont)

Hoover, Timothy W. (New York)

Lipschutz, Seth E. (Vermont)

Maguire, Daniel R. (New York)

Manning, Kenneth A. (New York)

Ritschdorff, Todd A. (New York)

Schlossberg, Todd D. (Vermont)

Seibert, Dawn M. (Vermont)

Simon, William J. (New York)

Valerio, Matthew F. (Vermont)

Attorney for Defendant

Mclean, David R. (Vermont)

Schwendler, April E. (Vermont)

Viens, Mathew L. (Vermont)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:04-cv-00335	Docket [PACER] McGee v. Gold	July 14, 2017	July 14, 2017 Docket
6 5:04-cv-00335	Complaint McGee v. Gold	Dec. 9, 2004	Dec. 9, 2004 Complaint
83 5:04-cv-00335	Notice of Class Action Lawsuit McGee v. Gold	Sept. 19, 2005	Sept. 19, 2005 Other
92 5:04-cv-00335	Order McGee v. Gold	Sept. 26, 2005	Sept. 26, 2005 Order/Opinion
181 5:04-cv-00335	Motion for Class Certification McGee v. Hofmann	July 7, 2006	July 7, 2006 Pleading / Motion / Brief
188-1 5:04-cv-00335	Magistrate Judge's Report and Recommendation McGee v. Hofmann	Sept. 25, 2006	Sept. 25, 2006 Magistrate Report/Recommendation
195 5:04-cv-00335	Second Amended Complaint for Declaratory and Injunctive Relief McGee v. Hofmann	April 16, 2007	April 16, 2007 Complaint
288 5:04-cv-00335	Order	Dec. 20, 2010	Dec. 20, 2010 Order/Opinion 2010 WL 5389996
298 5:04-cv-00335	Memorandum and Order	March 30, 2011	March 30, 2011 Order/Opinion 2011 WL 1211514
303 5:04-cv-00335	Notice of Appeal Kimber v. Pallito	April 5, 2011	April 5, 2011 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4536955/mcgee-v-gold/

Last updated Aug. 24, 2026, 7:30 p.m.

Docket for: McGee v. Gold

ECF Number	Date	Description	Link
39	June 21, 2005	REPORT AND RECOMMENDATIONS in re 37 MOTION for Joinder filed by David McGee, 33 MOTION for Preliminary Injunction filed by David McGee, 14 MOTION to Dismiss filed by Celeste Girrell,, Keith Tallon,, Steven Gold, 7 Motion to Appoint Counsel filed by David McGee. Objections to R&R due by 7/6/2005. Signed by Judge Jerome J. Niedermeier on 6/21/2005. (jlh, )	RECAP
50	July 13, 2005	ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 - granting in part & denying in part 37 Motion for Permissive Joinder filed by David McGee and Byron Martin (the Court will not consolidate this case brought by Martin but Martin will be added as an in tervenor-pltf); denying as moot 33 Motion for Preliminary Injunction filed by David McGee and 7 Motion for Appointment of Counsel; granting 14 Motion to Dismiss filed by Celeste Girrell, Keith Tallon, Steven Gold as to pltf McGee (this case shall not be dismissed w/respect to the intervenor-pltfs). Signed by Judge J. Garvan Murtha on 13th day of June, 2005. (law, )	RECAP
176	April 24, 2006	REPORT AND RECOMMENDATIONS recommending that Count 2 in 99 Amended Complaint be denied. Objections to R&R due by 5/8/2006. The remainder of the case is hereby CONSOLIDATED with 1:05-cv-231 (1:04-cv-335 is designated as the lead case). Signed by Judge Jerome J. Niedermeier on 21st day of April, 2006. (law)	RECAP
177	May 17, 2006	ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 176 Report and Recommendations. Plaintiff David MCGee's claim that he has been denied access to the courts (Amended Complaint, Count Two) is DISMISSED without prejudice. Furth er certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 05/17/2006. Cy to all parties.(wjf, )	RECAP
188	Sept. 25, 2006	REPORT AND RECOMMENDATION re 181 Motion for Class Certification and 187 Amended Motion for Class Certification. It is recommended that the plaintiffs' motion for class certification (Paper 181) and amended motion for class certification (Pap er 187) be GRANTED. I further recommend that the class consist of inmates who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Cou rt has already appointed the Office of the Defender General to represent the plaintiffs, and that office should continue as counsel for the class. Finally, pursuant to Fed. R. Civ. P. 23(c)(2)(A), the Court should not order that notice be provided to the class. Objections to R&R due by 10/10/2006. Signed by Judge Jerome J. Niedermeier on 9/25/06. (jjj) Modified on 9/26/2006 (jmm).	RECAP
189	Oct. 16, 2006	ORDER AFFIRMING, APPROVING and ADOPTING 188 Magistrate Judge's REPORT AND RECOMMENDATIONS for granting 181 Motion for Class Certification and 187 Amended Motion for Class Certification. The class shall consist of inmates who have been subj ected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Office of the Defender General shall continue as counsel for the class. The Court declines to order direct appropriate notice to the class. This matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 10/13/2006. Cys to counsel.(kak)	RECAP
276	Aug. 3, 2010	REPORT AND RECOMMENDATION recommending that defendants' 238 MOTION for Summary Judgment be granted, and that the plaintiffs' Eighth Amendment claims be dismissed and state law claims be dismissed without prejudice. It is further recommended that defendants' 251 RENEWED MOTION for Summary Judgment be denied as moot. Objections to R&R due by 8/20/2010. Signed by Judge John M. Conroy on 8/3/2010. (hbc)	RECAP
288	Dec. 20, 2010	ORDER: Affirming, Approving and Adopting 276 Magistrate Judge's Report and Recommendation. Dft's 238 Motion for Summary Judgment on claims contained in the Second Amended Complaint is GRANTED. The Eighth Amendment Class claim for declar atory and injunctive relief is DISMISSED with prejudice. The state law Class claim is DISMISSED without prejudice. 251 Dfts' Renewed Motion to Reconsider the Court's October 1, 2009 Order and Renewed Motion for Summary Judgment is DENIED as moot. The remaining Dfts may file a motion for summary judgment on the Pltfs' individual claims for damages on or before January 31, 2011. The caption of any pleading filed with the Court shall identify the remaining parties as set forth in this Order. Signed by Judge J. Garvan Murtha on 12/20/2010. (kak) Text clarified on 12/21/2010 (jlh).	RECAP
298	March 30, 2011	MEMORANDUM AND ORDER denying plaintiff Kevin Kimber's Motions 289 and 290 to Appoint Counsel and 291 and 293 Motions for Appeal. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Senior Judge J. Garvan Murtha on 3/30/2011. (kak) Text clarified on 3/31/2011 (jlh).	RECAP
299	March 30, 2011	MEMORANDUM and ORDER: Defendants' 295 Motion for Summary Judgment on Plaintiffs' Claims for Damages is GRANTED with respect to Plaintiffs' individual claims for damages; Plaintiffs' state law claim is dismissed without prejudice. It is further certified that any appeal taken in forma pauperis would not be taken in good faith because such an appeal would be frivolous. Signed by Senior Judge J. Garvan Murtha on 3/30/2011. (kak) Text clarified on 3/31/2011 (jlh).	RECAP
308	April 2, 2012	TRANSCRIPT of Telephone Conference hearing held on 6/20/2006, before Judge Jerome J. Niedermeier. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)	RECAP
309	April 2, 2012	TRANSCRIPT of Status Conference held on 7/27/2010, before Judge John M. Conroy. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)	RECAP
310	April 2, 2012	TRANSCRIPT of Status Conference held on 12/2/2009, before Judge John M. Conroy. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)	RECAP
307	April 3, 2012	TRANSCRIPT of Status Conference hearing held on 4/17/2006, before Judge Jerome J. Niedermeier. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/26/2012. Redacted Transcript Deadline set for 5/4/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)	RECAP
311	Aug. 24, 2012	CERTIFIED ORDER of USCA as to 303 Appeal filed by Kevin Kimber; consideration of Appellees' motion to strike portions of the Appellant's brief is DEFERRED until such time as the District Court has ruled on Appellant's motion to enlarge the record. (kac) (Entered: 08/24/2012)	RECAP
312	Sept. 6, 2012	NOTICE OF APPEARANCE by Timothy W. Hoover, Esq on behalf of Kevin Kimber. (law) (Entered: 09/06/2012)	RECAP
313	Sept. 6, 2012	MOTION to Allow Timothy W. Hoover to Appear for the Limited Purpose of Making this Motion and MOTION for Supplementation of the Record filed by Kevin Kimber. (Attachments: # 1 Affidavit of Timothy W. Hoover, # 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 Text of Proposed Order)(law) (Main Document 313 replaced on 9/7/2012 to remove extra page) (law). (Entered: 09/06/2012) 1 Affidavit of Timothy W. Hoover View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Text of Proposed Order View on PACER	RECAP
314	Sept. 12, 2012	MOTION for Extension of Time to File Response/Reply as to 313 MOTION for Supplementation of the Record filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 10/3/2012 (jlh). (Entered: 09/12/2012) 1 Certificate of Service View on PACER	RECAP
315	Sept. 18, 2012	ORDER granting 313 Motion to Appear re: Timothy W. Hoover, Esq. on behalf of Plaintiff Kevin Kimber, for the Limited Purpose of Making Motion to Supplement the Record. Signed by District Judge J. Garvan Murtha on 9/18/2012. (This is a text only Order.) (kbl) (Entered: 09/18/2012)	RECAP
316	Sept. 18, 2012	ORDER granting 314 Motion to Enlarge Time to File Response re 313 MOTION for Supplementation of the Record. Defendants' response shall be filed on or before 10/4/2012. Signed by District Judge J. Garvan Murtha on 9/18/2012. (This is a text only Order.) (kbl) (Entered: 09/18/2012)	RECAP
317	Oct. 4, 2012	RESPONSE in Opposition re 313 MOTION for Supplementation of the Record filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 10/4/2012 (law). (Entered: 10/04/2012) 1 Certificate of Service View on PACER	RECAP
318	Oct. 12, 2012	MAIL RETURNED as Undeliverable re: 316 Order on Motion for Extension of Time to File Response/Reply, 315 Order on Motion to Appoint Counsel. Mail sent to David McGee. (Attachments: # 1 Doc 315, # 2 Doc. 316 ) (kak) (Entered: 10/12/2012) 1 Doc [315] View on PACER 2 Doc. [316] View on PACER	RECAP
319	Jan. 8, 2013	ORDER: denying 313 MOTION for Supplementation of the Record. Signed by District Judge J. Garvan Murtha on 1/8/2013. (wjf)	RECAP
320	Jan. 9, 2013	TRANSMITTED Index on Appeal Circuit No. 11-1430 re: 304 Notice of Appeal. (gmg) (Entered: 01/09/2013)	RECAP
321	March 25, 2014	MANDATE/Summary Order of USCA Circuit No. 11-1430(L); 11-1554(Con) as to 303 Notice of Appeal filed by Kevin Kimber, 304 Notice of Appeal filed by David McGee. It is ORDERED that the 300 judgment of the district court be VACATED and REMANDED. (gmg) (Entered: 03/25/2014)	RECAP
322	June 25, 2014	NOTICE of Hearing: Telephone Status Conference set for 7/16/2014 at 1:30 PM in Brattleboro Chambers before District Judge J. Garvan Murtha. (pac) (Entered: 06/25/2014)	RECAP
323	July 16, 2014	MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Telephone status conference held in chambers on 7/16/2014. Participating were Timothy Hoover, Esq. and William Simon, Esq., on behalf of pltf, and David McLean, Esq. for dfts. Statements by counsel re: status on remand and respective positions on how to proceed. ORDERED: Atty Hoover shall submit memorandum of re: qualifications for app't as class counsel by 8/1/2014. After app't, counsel shall confer with each other and agree on a proposed scheduling order; in the event they cannot reach an agreement, each shall submit a memorandum stating their position. Atty Hoover is in the process of filing an application for full admission to the district court; Attys Simon and Manning will file pro hac vice motions. (Court Reporter: none) (kak (Entered: 07/16/2014)	RECAP
324	Aug. 1, 2014	MEMORANDUM by Kevin Kimber Regarding Phillips Lytle LLP's Capabilities as Potential Class Counsel . (Hoover, Timothy) Link removed on 8/2/2014 (law). (Entered: 08/01/2014)	RECAP
325	Aug. 18, 2014	ORDER APPOINTING CLASS COUNSEL. It is hereby ORDERED that the firm of Phillips Lytle LLP is appointed as class counsel for Plaintiffs. Proposed stipulated discovery schedule/order due by 9/19/2014. Signed by District Judge J. Garvan Murtha on 8/18/2014. (esb) (Entered: 08/18/2014)	RECAP
326	Sept. 17, 2014	NOTICE of Withdrawal as a plaintiff by Jacob Sexton. (esb) (Entered: 09/17/2014)	RECAP
327	Sept. 19, 2014	PROPOSED Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) (Entered: 09/19/2014) 1 Memorandum in Support View on PACER 2 Certificate of Service View on PACER	RECAP
328	Dec. 2, 2014	NOTICE of Hearing: Status Conference and Hearing re: Proposed Stipulated Discovery Schedule/Order (Doc. 327) set for 12/11/2014 11:30 AM in Brattleboro Courtroom before District Judge J. Garvan Murtha. Timothy W. Hoover, Esq. will participate by video conference from Robert H. Jackson U.S. Courthouse, Buffalo, NY.(kak) (Main Document 328 replaced on 12/2/2014) (jlh). Text clarified on 12/2/2014 (jlh). (Entered: 12/02/2014)	RECAP
329	Dec. 2, 2014	NOTICE OF DOCKET ENTRY CORRECTION re: 328 Notice of Hearing. The document image has been replaced and docket text corrected to indicate that the case is scheduled for a Status Conference and Hearing re: Stipulated Discovery Schedule/Order. The corrected document is now attached to 328 as well as this entry. (jlh) (Entered: 12/02/2014)	RECAP
330	Dec. 5, 2014	ORDER: re 327 Proposed Stipulated Discovery Schedule/Order. Signed by District Judge J. Garvan Murtha on 12/5/2014. (esb)	RECAP
331	Dec. 11, 2014	MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Status conference and review of proposed stipulated discovery schedule held on 12/11/2014. Participating were Timothy Hoover, Esq. and William Simon, Esq., by video conference on behalf of pltfs, and David McLean, Esq. present in the courtroom on behalf of the dfts. Statements by counsel re: respective positions on how to proceed. ORDERED: Counsel to submit another agreed-upon proposed discovery schedule with a shortened time frame by 12/30/2014. Counsel may request an extension of time for submission if needed. If no agreement can be reached, counsel shall submit individual proposed schedules. (Court Reporter: Recorded) (kak) (Entered: 12/11/2014)	RECAP
332	Dec. 29, 2014	MAIL RETURNED as Undeliverable re: 330 Order. Sent to Daniel Muir. (Attachments: # 1 Doc. 330 Order) (esb) Text clarified on 12/30/2014 (jlh). (Entered: 12/29/2014) 1 Doc. 330 Order View on PACER	RECAP
333	Dec. 30, 2014	STIPULATED MOTION to Enlarge Time to File Proposed Discovery Schedule filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hoover, Timothy) (Entered: 12/30/2014) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	RECAP
334	Jan. 7, 2015	ORDER granting 333 Motion to Enlarge Time to file Proposed Discovery Schedule. The parties shall file a proposed joint schedule or, if they are unable to agree, separate schedules for the Court's consideration, on or before 1/9/2015. Signed by District Judge J. Garvan Murtha on 1/7/2015. (This is a text-only Order.) (kbl) (Entered: 01/07/2015)	RECAP
335	Jan. 9, 2015	PROPOSED Amended Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/09/2015) 1 Certificate of Service View on PACER	RECAP
336	Jan. 9, 2015	MEMORANDUM by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres in support of 335 Proposed Stipulated Discovery Schedule/Order Class Counsel's Memorandum in Support of Amended Proposed Joint Stipulated Discovery Schedule Order (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/09/2015) 1 Certificate of Service View on PACER	RECAP
337	Jan. 13, 2015	AMENDED JOINT/STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 4/15/2016. Motions due by 5/13/2016. Ready for Trial by 6/15/2016. Signed by District Judge J. Garvan Murtha on 1/13/2015. (esb) Text clarified on 1/14/2015 (jlh). (Entered: 01/13/2015)	RECAP
338	Jan. 30, 2015	DISCOVERY CERTIFICATE - Initial Disclosures by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/30/2015) 1 Certificate of Service View on PACER	RECAP
339	Jan. 30, 2015	DISCOVERY CERTIFICATE - First Set of Interrogatories by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/30/2015) 1 Certificate of Service View on PACER	RECAP
340	Feb. 2, 2015	DISCOVERY CERTIFICATE - Initial Disclosures by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) (Entered: 02/02/2015)	RECAP
341	Feb. 5, 2015	DISCOVERY CERTIFICATE - First Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley.(McLean, David) Text clarified on 2/5/2015 (jlh). (Entered: 02/05/2015)	RECAP
342	March 12, 2015	DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 03/12/2015)	RECAP
343	March 17, 2015	DISCOVERY CERTIFICATE - Response to Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) Text clarified on 3/17/2015 (jlh). (Entered: 03/17/2015)	RECAP
344	June 12, 2015	MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Attachment A, # 2 Attachment B)(McLean, David) Text clarified on 6/12/2015 (law). (Entered: 06/12/2015) 1 Attachment A View on PACER 2 Attachment B View on PACER	RECAP
345	June 26, 2015	MOTION for Extension of Time to File Response/Reply as to 334 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) Link added on 6/26/2015 (law). (Entered: 06/26/2015) 1 Memorandum in Support View on PACER 2 Certificate of Service View on PACER	RECAP
346	June 29, 2015	SUPPLEMENTAL AFFIDAVIT in Support re 345 MOTION for Extension of Time to File Response/Reply as to 334 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 06/29/2015) 1 Certificate of Service View on PACER	RECAP
347	June 30, 2015	ORDER granting 345 Motion to Enlarge Time to Submit Opposition Papers re: 334 Motion to Decertify Class. Plaintiffs' response shall be filed on or before 7/17/2015. Signed by District Judge J. Garvan Murtha on 6/30/2015. (This is a text-only Order.) (kbl) (Entered: 06/30/2015)	RECAP
348	July 10, 2015	MOTION for Extension of Time to File Response/Reply as to 344 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) (Entered: 07/10/2015) 1 Memorandum in Support View on PACER 2 Certificate of Service View on PACER	RECAP
349	July 14, 2015	ORDER granting 348 Motion to Enlarge Time to Submit Opposition re 344 Defendants' Motion to Decertify the Class. Plaintiffs' response shall be filed on or before 7/24/2015. Signed by District Judge J. Garvan Murtha on 7/14/2015. (This is a text-only Order.) (kbl) (Entered: 07/14/2015)	RECAP
350	July 23, 2015	MOTION for Leave to Exceed Page Limit filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hoover, Timothy) (Entered: 07/23/2015) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	RECAP
351	July 24, 2015	AFFIDAVIT of Timothy W. Hoover, Esq. in Opposition re 344 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Affidavit of Steven W. Lockley, # 2 Memorandum in Support, # 3 Certificate of Service)(Hoover, Timothy) (Main Document 351 replaced on 7/26/2015) (law). (Additional attachment(s) added on 7/26/2015: # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F) (law). (Entered: 07/24/2015) 1 Affidavit of Steven W. Lockley View on PACER 2 Memorandum in Support View on PACER 3 Certificate of Service View on PACER 4 Exhibit A View on PACER 5 Exhibit B View on PACER 6 Exhibit C View on PACER 7 Exhibit D View on PACER 8 Exhibit E View on PACER 9 Exhibit F View on PACER	RECAP
352	July 26, 2015	NOTICE OF DOCKET ENTRY CORRECTION re: 351 Affidavit in Opposition to Motion filed by Daniel Muir, David McGee, Jacob Sexton, James Anderson, Richard Pahl, Kevin Kimber, Jose Torres. The main document image contained that of Exhibits A through F. The images have been broken apart and replaced on the docket. The corrected images are now attached to 351 and this entry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (law) (Entered: 07/26/2015) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	RECAP
353	July 27, 2015	ORDER granting 350 Motion for Leave to Exceed Page Limit. Signed by District Judge J. Garvan Murtha on 7/27/2015. (This is a text-only Order.) (kbl) (Entered: 07/27/2015)	RECAP
354	Aug. 6, 2015	STIPULATED MOTION for Extension of Time to File Response/Reply as to 344 MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) Link corrected on 8/6/2015 (law). (Entered: 08/06/2015)	RECAP
355	Aug. 11, 2015	ORDER granting 354 Stipulated Motion to Enlarge Time to File Reply re: 344 MOTION to Decertify the Class. Defendant's reply shall be filed on or before 8/17/2015. Signed by District Judge J. Garvan Murtha on 8/11/2015. (This is a text-only Order.) (kbl) (Entered: 08/11/2015)	RECAP
356	Aug. 14, 2015	DISCOVERY CERTIFICATE re: Plaintiffs' First Request to Admit by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)	RECAP
357	Aug. 14, 2015	DISCOVERY CERTIFICATE re: Plaintiffs' First Request for Production of Documents by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)	RECAP
358	Aug. 14, 2015	DISCOVERY CERTIFICATE re: Plaintiffs' First Request to Inspect by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)	RECAP
359	Aug. 14, 2015	DISCOVERY CERTIFICATE re: Plaintiffs' Second Set of Interrogatories by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)	RECAP
360	Aug. 18, 2015	REPLY to Response to 344 MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McLean, David) Attachment descriptions clarified on 8/18/2015 (law). (Attachment 1 replaced on 8/20/2015) (law). (Attachment 1 replaced on 8/24/2015) (jlh). (Entered: 08/18/2015) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
361	Aug. 20, 2015	NOTICE OF DOCKET ENTRY CORRECTION re: 360 Reply to Response to Motion, filed by Kathleen Lanman, Stuart Gladding, Anita Carbenelle, Carol Callea, Raymond Flum, John Gorczyk, Robert Hofmann, Steven Gold, Michael O'Malley, Celeste Girrell, Keith Tallon, Andrew Pallito, Daniel Florentine. The document image of Exhibit A has been replaced as the Curriculum Vitae of the unsigned affidavit was excluded. The complete image is now attached as Exhibit A to 360 and this entry. (law) (Main Document 361 replaced on 8/24/2015) (jlh). (Entered: 08/20/2015)	RECAP
362	Sept. 4, 2015	MEMORANDUM AND ORDER re: 344 Dft's Motion to Decertify Class is DENIED. Signed by District Judge J. Garvan Murtha on 9/4/2015. (kak)	RECAP
363	Sept. 11, 2015	DISCOVERY CERTIFICATE - Response to Request for Admissions by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 09/11/2015)	RECAP
364	Sept. 15, 2015	MOTION for Appearance Pro Hac Vice of William J. Simon, Esq. filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Declaration of Timothy W. Hoover, Esq., # 2 Text of Proposed Order, # 3 Affidavit of William J. Simon, Esq., # 4 Certificates of Good Standing)(jlh) (Entered: 09/15/2015) 1 Declaration of Timothy W. Hoover, Esq. View on PACER 2 Text of Proposed Order View on PACER 3 Affidavit of William J. Simon, Esq. View on PACER 4 Certificates of Good Standing View on PACER	RECAP
365	Sept. 15, 2015	MOTION for Appearance Pro Hac Vice of Kenneth A. Manning filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Declaration of Timothy W. Hoover, Esq., # 2 Text of Proposed Order, # 3 Affidavit of Kenneth A. Manning, Esq., # 4 Certificate of Good Standing)(jlh) (Entered: 09/16/2015) 1 Declaration of Timothy W. Hoover, Esq. View on PACER 2 Text of Proposed Order View on PACER 3 Affidavit of Kenneth A. Manning, Esq. View on PACER 4 Certificate of Good Standing View on PACER	RECAP
366	Sept. 16, 2015	ORDER granting 364 and 365 Motions for Admission Pro Hac Vice re: William J. Simon, Esq. and Kenneth A. Manning, Esq. on behalf of Plaintiffs. Signed by District Judge J. Garvan Murtha on 9/16/2015. (This is a text-only Order.) (kbl) (Entered: 09/16/2015)	RECAP
367	Sept. 17, 2015	MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Attachment A)(McLean, David) (Attachment 1 replaced on 9/17/2015) (law). (Entered: 09/17/2015) 1 Attachment A View on PACER	RECAP
368	Sept. 17, 2015	NOTICE OF DOCKET ENTRY CORRECTION re: 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Kathleen Lanman, Stuart Gladding, Anita Carbenelle, Carol Callea, Raymond Flum, John Gorczyk, Robert Hofmann, Michael O'Malley, Celeste Girrell, Keith Tallon, Andrew Pallito, Daniel Florentine. The document image of the Attachment has been replaced to remove the PDF double-header. The corrected document is now attached to 367 and this entry. (law) Text clarified on 9/18/2015 (law). (Entered: 09/17/2015)	RECAP
369	Sept. 29, 2015	ORDER REASSIGNING CASE. Case reassigned to Judge Geoffrey W. Crawford for all further proceedings. District Judge J. Garvan Murtha no longer assigned to case. Signed by District Judge J. Garvan Murtha on 9/29/2015. (law) (Entered: 09/29/2015)	RECAP
370	Oct. 1, 2015	RESPONSE in Opposition re 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Hoover, Timothy) (Entered: 10/01/2015)	RECAP
371	Oct. 5, 2015	REPLY to Response to 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (McLean, David) (Entered: 10/05/2015)	RECAP
372	Oct. 22, 2015	OPINION AND ORDER denying 367 Motion for Quarterly Accounting of Attorney Fees and Litigation Costs. The ENE Administrator is requested to correspond with the parties regarding proposed evaluators. Signed by Judge Geoffrey W. Crawford on 10/22/2015. (esb)	RECAP
373	Oct. 26, 2015	ENE LETTER re: Potential Evaluators sent; responses due by 11/12/2015. (hbc) (Entered: 10/26/2015)	RECAP
374	Nov. 4, 2015	DISCOVERY CERTIFICATE - Answer to Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 11/04/2015)	RECAP
375	Nov. 12, 2015	NOTICE of Attorney Substitution by William J. Simon, Esq as to James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres(Simon, William) (Entered: 11/12/2015)	RECAP
376	Nov. 12, 2015	ENE By Stipulation re: Evaluator Selection by all parties.(Simon, William) (Entered: 11/12/2015)	RECAP
377	Nov. 12, 2015	PROPOSED Second Amended Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres (Simon, William) Text clarified on 11/13/2015 (law). (Entered: 11/12/2015)	RECAP
378	Nov. 13, 2015	ENE Evaluator Richard T. Cassidy, Esq. assigned. (hbc) (Entered: 11/13/2015)	RECAP
379	Nov. 16, 2015	SECOND AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 7/29/2016. Motions due by 8/31/2016. Ready for Trial by 9/30/2016. Signed by Judge Geoffrey W. Crawford on 11/16/2015. (esb) (Entered: 11/16/2015)	RECAP
380	Nov. 17, 2015	DISCOVERY CERTIFICATE - Response to Request to Produce by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 11/17/2015)	RECAP
381	Dec. 3, 2015	ENE LETTER to counsel re: date certain for ENE session due by 12/10/2015. (hbc) (Entered: 12/03/2015)	RECAP
382	Dec. 10, 2015	ENE LETTER : ENE session set for 1/27/2016 at 10:00 am by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 12/11/2015 (law). (Entered: 12/10/2015) 1 Certificate of Service View on PACER	RECAP
383	Dec. 30, 2015	DISCOVERY CERTIFICATE - Notice of Deposition of David McGee, Richard Pahl, Jose Torres, Kevin Kimber, Daniel Muir and James Anderson by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 12/30/2015)	RECAP
384	Feb. 12, 2016	STIPULATED MOTION for a Transport Order filed by James Anderson, Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) Filer added on 2/16/2016 (jlh). (Entered: 02/12/2016)	RECAP
385	Feb. 12, 2016	ORDER granting 384 Stipulated Motion for a Transport Order. Signed by Judge Geoffrey W. Crawford on 2/12/2016. (esb) (Entered: 02/12/2016)	RECAP
386	Feb. 12, 2016	ORDER to Transport James Anderson re 384 STIPULATED MOTION Transport Order . Signed by Judge Geoffrey W. Crawford on 2/12/2016. (esb) (Entered: 02/12/2016)	RECAP
387	Feb. 16, 2016	REPORT of Early Neutral Evaluation by ENE Evaluator(Cassidy, Richard) (Main Document 387 replaced on 2/17/2016) (jlh). (Entered: 02/16/2016)	RECAP
388	Feb. 17, 2016	NOTICE OF DOCKET ENTRY CORRECTION re: 387 Report of ENE filed by ENE Evaluator. The document was in edit mode and has been replaced on the docket. The corrected document is now attached to 387 as well as this entry. (jlh) (Entered: 02/17/2016)	RECAP
389	Feb. 23, 2016	MOTION to Withdraw as Attorney filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Certificate of Service) (esb) (Entered: 02/23/2016) 1 Certificate of Service View on PACER	RECAP
390	Feb. 24, 2016	ORDER granting 389 MOTION to Withdraw as Attorney. Signed by Judge Geoffrey W. Crawford on 2/24/2016. (This is a text-only Order.) (jal) (Entered: 02/24/2016)	RECAP
	Feb. 24, 2016	Order on Motion to Withdraw as Attorney
391	May 3, 2016	THIRD AMENDED PROPOSED Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres (Simon, William) Text clarified on 5/3/2016 (jlh) (Entered: 05/03/2016)	RECAP
392	May 4, 2016	THIRD AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 1/29/2017. Motions due by 2/28/2017. Early Neutral Evaluation set for 6/8/2016 at 10:00 AM. Ready for Trial by 3/30/2017. Signed by Judge Geoffrey W. Crawford on 5/4/2016. (esb) (Entered: 05/04/2016)	RECAP
393	June 6, 2016	STIPULATED MOTION for a Transport Order filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres.(Manning, Kenneth) Text clarified on 6/7/2016 (jlh). (Entered: 06/06/2016)	RECAP
394	June 7, 2016	ORDER granting 393 Stipulated Motion for a Transport Order. Signed by Judge Geoffrey W. Crawford on 6/7/2016. (esb) (Entered: 06/07/2016)	RECAP
395	June 7, 2016	TRANSPORT ORDER re: James Anderson attendance at the ENE session scheduled for Wednesday, June 8, 2016 at 10:00 a.m.. Signed by Judge Geoffrey W. Crawford on 6/7/2016. (esb) (Entered: 06/07/2016)	RECAP

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Case Details

State / Territory:

Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 9, 2004

Closing Date: July 14, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Vermont Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):