Case: Johnson v. Wetzel

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-3756156) filed by Arthur Johnson. (Attachments: # 1 Civil Cover Sheet)(pjr) (Entered: 05/13/2016)

1 Civil Cover Sheet

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MOTION for Preliminary Injunction filed by Arthur Johnson. (Attachments: # 1 Proposed Order)(pjr) (Entered: 05/13/2016)

1 Proposed Order

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BRIEF IN SUPPORT re 3 MOTION for Preliminary Injunction filed by Arthur Johnson. (Attachments: # 1 Unpublished Opinion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(pjr) (Entered: 05/13/2016)

1 Unpublished Opinion

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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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Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (pjr) (Entered: 05/13/2016)

1 Summons Packet

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SPECIAL ADMISSION FORM SENT to Jules Lobel, Thomas Jones, Peter Laun and Tarah Ackerman. (pjr)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Peter Laun is seeking special admission. Filing fee $ 50, receipt number 0314-3761656.. (Ackerman, Tarah) (Entered: 05/18/2016)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Thomas Jones is seeking special admission. Filing fee $ 50, receipt number 0314-3761663.. (Ackerman, Tarah) (Entered: 05/18/2016)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tarah E Ackerman on behalf of Arthur Johnson Attorney Tarah Ackerman is seeking special admission. Filing fee $ 50, receipt number 0314-3761666.. (Ackerman, Tarah) (Entered: 05/18/2016)

DOCKET ANNOTATION: Petitioners, Tarah Ackerman, Thomas Jones and Peter Laun, and Associate Counsel bar status verified. (pjr)

PETITION to Appear Pro Hac Vice - Attorney Jules Lobel is seeking special admission. Filing fee $ 50, receipt number 0314-3763983. by Arthur Johnson.(Grote, Bret) Modified on 5/24/2016 (pjr). (Entered: 05/20/2016)

ORDER - Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

SPECIAL ADMISSIONS FORM APPROVED as to Tarah E. Ackerman, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

SPECIAL ADMISSIONS FORM APPROVED as to Thomas S. Jones, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

SPECIAL ADMISSIONS FORM APPROVED as to Peter D. Laun, Esquire. (Original: SCR Registry)Signed by Chief Judge Christopher C. Conner on 5/23/16. (ki) (Entered: 05/23/2016)

DOCKET ANNOTATION: Counsel has been advised to refile Doc. 8 using the Middle District form and using the event Document filed. (pjr)

DOCKET ANNOTATION: Counsel is reminded to refile Doc. 8 using the Middle District form and using the event Document filed. (pjr)

by Arthur Johnson. Special Admission form for Jules Lobel. (Grote, Bret) (Entered: 06/10/2016)

SUMMONS Returned Executed by Arthur Johnson. John Wetzel served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

SUMMONS Returned Executed by Arthur Johnson. Brenda Tritt served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

SUMMONS Returned Executed by Arthur Johnson. Shirley Moore-Smeal served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

SUMMONS Returned Executed by Arthur Johnson. Michael Wenerowicz served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

SUMMONS Returned Executed by Arthur Johnson. James Meintel served on 6/9/2016, answer due 6/30/2016. (Ackerman, Tarah) (Entered: 06/10/2016)

DOCKET ANNOTATION: Petitioner, Jules Lobel, and Associate Counsel bar status verified. (pjr)

SPECIAL ADMISSIONS FORM APPROVED as to Jules Lobel, Esquire.Signed by Chief Judge Christopher C. Conner on 6/13/16. (ki) (Entered: 06/13/2016)

ORDER re: Johnson's motion for preliminary injunction 3 directing defts to file br in opp by 7/1/2016 & permitting pltf to file reply br in further supp following svc of defts' opp papers but no later than time of hearing on motion. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/15/16. (ki) (Entered: 06/15/2016)

NOTICE of Appearance by M. Abbegael Giunta on behalf of James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel (Giunta, M.) (Entered: 06/16/2016)

SCHEDULING ORDER setting Hearing re: pltf's motion for preliminary injunction 3 set for 7/6/2016 @ 09:30 AM in Harrisburg - Courtroom 2 before Chief Judge Christopher C. Conner. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/17/16. (ki) (Entered: 06/17/2016)

Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson #AF-3457 for 7/6/16 & return to SCI Frackville. (ki) (Entered: 06/17/2016)

NOTICE of Appearance by Karen Mascio Romano on behalf of James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel (Romano, Karen) (Entered: 06/17/2016)

MOTION Telephone Conference by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Attachments: # 1 Proposed Order Scheduling Telephone Conference)(Giunta, M.) (Entered: 06/24/2016)

1 Proposed Order Scheduling Telephone Conference

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SCHEDULING ORDER granting defts' motion for telephone conference 26 & setting telephone conference for 6/28/2016 @ 10:30 AM w/ cnsl for defts to place telephone conference call. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/27/16. (ki) (Entered: 06/27/2016)

SCHEDULING ORDER - It is hereby ORDERED that: 1. Prelim inj hrg set for 7/6/16 shall proceed as scheduled but be limited in scope to Johnson's affirmative evidence in supp of his motion 3 for prelim inj.; 2. Cont'd proceedings on Johnson's motion set for 8/11/2016 @ 10:00 AM in Harrisburg - Courtroom 2, during which defts shall present evidence in response to Johnson's motion & Johnson may present rebuttal evidence as appropriate. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/29/16. (ki) (Entered: 06/29/2016)

NOTICE of Appearance by Timothy A. Holmes on behalf of Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Holmes, Timothy) (Entered: 06/29/2016)

NOTICE of Appearance by Timothy A. Holmes on behalf of Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Holmes, Timothy) (Entered: 06/29/2016)

ANSWER to 1 Complaint by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel.(Romano, Karen) (Entered: 06/30/2016)

BRIEF IN OPPOSITION re 3 MOTION for Preliminary Injunction filed by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel.(Giunta, M.) (Entered: 07/01/2016)

REPLY BRIEF re 3 MOTION for Preliminary Injunction filed by Arthur Johnson.(Ackerman, Tarah) (Entered: 07/05/2016)

STIPULATION of Facts by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Giunta, M.) (Entered: 07/05/2016)

PLAINTIFF'S PRELIMINARY INJUNCTION HEARING EXHIBIT LIST from Day #1 of PI Hrg held 7/6/16. (Original exhibits retained by pltf's cnsl) (ki) (Entered: 07/06/2016)

ORDER: 1. Pltf shall file any mtn to compel together with a brsupp 7/13/16.2. Dfts shall file a brief in response to pltfs anticipated mtn within (10) days of receipt thereof.3. To the extent the parties are able to resolve the discovery dispute amicably in the interim, the parties shall provide notice to the court of said resolution forthwith. Signed by Chief Judge Christopher C. Conner on 7/8/16. (ma) (Entered: 07/08/2016)

MOTION to Compel by Arthur Johnson. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Ackerman, Tarah) (Entered: 07/13/2016)

1 Proposed Order

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2 Certificate of Nonconcurrence

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MEMORANDUM in Support of Motion to Compel 39 by Arthur Johnson. (Attachments: # 1 Unpublished Opinion(s), # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C)(Ackerman, Tarah) Modified on 7/13/2016 to correct doc ID (ki). (Entered: 07/13/2016)

1 Unpublished Opinion(s)

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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BRIEF IN SUPPORT re 39 MOTION to Compel filed by Arthur Johnson. (Attachments: # 1 Unpublished Opinion(s), # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C)(Ackerman, Tarah) (Entered: 07/13/2016)

1 Unpublished Opinion(s)

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2 Exhibit(s) Exhibit A

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3 Exhibit(s) Exhibit B

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4 Exhibit(s) Exhibit C

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DOCKET ANNOTATION: Counsel is advised to refile Doc. 40 using the event Brief in Support. (pjr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 7/6/16 before Judge Conner. Court Reporter L. Shuey, Telephone Number 717-215-1270. 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 the Court Reporter or PACER. Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/12/2016. (ctrep1, ) (Entered: 07/14/2016)

BRIEF IN OPPOSITION re 40 MOTION to Compel Memorandum in Support, 39 MOTION to Compel filed by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Attachments: # 1 Exhibit(s) A)(Giunta, M.) (Entered: 07/25/2016)

1 Exhibit(s) A

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Writ of Habeas Corpus ad Testificandum Issued as to Inmate Arthur Johnson for 8/11/16 & return to SCI Frackville. (ki) (Entered: 08/04/2016)

MEMORANDUM (Order to follow as separate docket entry) re: 39 MOTION to Compel Discovery filed by Arthur Johnson. (See memo for complete details.)Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

ORDER (Memorandum 45 filed previously as separate docket entry) GRANTING & DEFERRING portions of motion to compel discovery 39 as set forth in Paragraphs 1, 2, 3 & 4 of order (... see for specifics) & directing cnsl for defts to produce docs id'd in Paras 1, 2 & 3 above as well as Integrated CAse Summary -Classification & Inmate Query - Separations for in camera review by ct by no later than nooonon 8/9/16... together w/ statement by Sec Wetzesl id'ng... nature & source of threat posed by disclosure... as well as prop order or conf agmt to govern any production or disclosure of said docs. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

SCHEDULING ORDER granting pltf's request to reschedule start time for 8/11/16 PI hrg & RESCHEDULING said hearing to commence @ 9:00 AM on 8/11/16 (rather than 10:00 a.m. same date). ( See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki) (Entered: 08/05/2016)

SUPERSEDING Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson for 8/11/16 (time RESCHEDULED to 9:00 a.m., same date). (ki) (Entered: 08/05/2016)

ORDER re: Johnson's motion to compel discovery 39 - It is hereby ORDERED that: 1. Motion DENIED w/ re: Boyd & Perez email.; 2. Subject to req'mt that all cnsl execute prop conf order prepped by defts & reviewed by undersigned, motion otherwise conditionally GRANTED.; 3. Upon execution by parties of defts' prop conf agmt & filing of same w/ ct defts shall forthwith produce to Johnson's cnsl in unredacted form the following:... (see Paras 3a-3i for specifics).; 4. Violation of anticipated conf agmt by any party thereto may result in impositio of appropriate sanctions. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/10/16. (ki) (Entered: 08/10/2016)

APPROVED & ENTERED AS ORDER (per 8/10/16 order 51 of ct) - STIPULATION Regarding Confidentiality by John Wetzel, Brenda Tritt, Michael Wenerowicz, Shirley Moore-Smeal, Anthony Kovalchik, James Meintel, filed by John Wetzel, Brenda Tritt, Michael Wenerowicz, Shirley Moore-Smeal, Anthony Kovalchik, James Meintel. (Attachments: # 1 Proposed Order)(Romano, Karen) Modified on 8/10/2016 (ki). (Entered: 08/10/2016)

1 Proposed Order

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ORDER - It is hereby ORDERED that the stipulation 50 of the parties is ENTERED as an order of the court this 10th day of August, 2016. (See stip 50 & order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/10/16. (ki) (Entered: 08/10/2016)

Confidentiality STIPULATION & ORDER 50 w/ pltf's signature page executed. (See stip/order for complete details.) File 8/11/16. (ki) (Entered: 08/11/2016)

COURT REPORTER NOTES OF PROCEEDINGS - filed by Wesley J. Armstrong of preliminary injunction hearing, Day 2, held before Chief Judge Conner on 11 August 2016. In accordance with 28 U.S.C., Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Chief Judge Conner on 11 August 2016. By: s/ Wesley J. Armstrong, RMR. (Entered: 08/11/2016)

PLAINTIFF'S PRELIMINARY INJUNCTION HEARING (Day #2) EXHIBIT LIST from 8/11/16. (Original exhibits returned to pltf's cnsl on 8/11/16)(ki) (Entered: 08/12/2016)

DEFENDANTS' PRELIMINARY INJUNCTION HEARING EXHIBIT LIST from 8/11/16 PI Hrg. (Original exhibits returned to defts' cnsl on 8/11/16) (ki) (Entered: 08/12/2016)

ACKNOWLEDGEMENT of Receipt of Original Exhibits from Preliminary Injunction Hearing (held 7/6/16 & 8/11/16) RECEIVED from Plaintiff's Counsel on 8/11/16. (ki) (Entered: 08/12/2016)

ACKNOWLEDGEMENT of Receipt of Defendants' Original Exhibits from Preliminary Injunction Hearing (held 7/6/16 & 8/11/16) RECEIVED from Defendants' Counsel on 8/11/16. (ki) (Entered: 08/12/2016)

MOTION to Unseal Testimony of Siena Smith by Arthur Johnson. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Ackerman, Tarah) (Entered: 08/23/2016)

1 Certificate of Nonconcurrence

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2 Proposed Order

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BRIEF IN SUPPORT re 60 MOTION to Unseal Testimony of Siena Smith filed by Arthur Johnson.(Ackerman, Tarah) (Entered: 08/23/2016)

ORDER DEFERRING disposition of Johnson's motion 60 to unseal Smith's testimony, directing that all filings referencing or citing to Smith's testimony to be filed under seal pending ct's disp of motion, parties to set forth positions re: motion in prop findings of fact & conc of law by 9/7/16 & noting ct will rule on motion in connect w/ PI motion 3 . (See order for complete details) Signed by Chief Judge Christopher C. Conner on 8/25/16. (ki) (Entered: 08/25/2016)

TRANSCRIPT of S. Smith Testimony (ctrep8, ) Modified on 9/20/2016 (ki). Modified on 9/20/2016 to unseal per order 68 of court(ki). (Entered: 08/29/2016)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of preliminary injunction hearing held on 11 August 2016 before Chief Judge Conner. Court Reporter: Wesley J. Armstrong, RMR (telephone number 717-542-5569). 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 9/19/2016. Redacted Transcript Deadline set for 9/29/2016. Release of Transcript Restriction set for 11/28/2016. (Entered: 08/29/2016)

Plaintiff's Proposed Findings of Fact & Conclusions of Law (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (pjr) Modified on 9/20/2016 to unseal per order 68 of court (ki). (Entered: 09/07/2016)

1 Exhibit(s)

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2 Proposed Order

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Defendants' Proposed Findings of Fact & Conclusions of Law. (Attachments: # 1 Proposed Order) (pjr) Modified on 9/20/2016 to unseal per order 68 of court) (ki). (Entered: 09/07/2016)

1 Proposed Order

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MEMORANDUM (Order to follow as separate docket entry) re: 3 MOTION for Preliminary Injunction filed by Arthur Johnson. (See memo for complete details.)Signed by Chief Judge Christopher C. Conner on 9/20/16. (ki) (Main Document 67 replaced on 9/21/2016) (ki). (Entered: 09/20/2016)

ORDER (Memorandum 67 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Johnson's motion for PI 3 is GRANTED.; 2. Subject to development & implementation of program set forth in Para 3... defts PRELIMINARILY ENJOINED from maintaining Johnson in solitary confinement in RHU. ; 3. Parties DIRECTED forthwith to meet & confer to devlop app step-down program for Johnson's reintegration into general population... (see Para 3 for specific instructions).; 4. By 9/28/16 parties to submit jt prop step-down program for ct's review & app or if unable to agree to submit separate props.; 5. Step-down program.. shall@ minimum... (see Paras 5a-c for specific instructions).; 6. In event defts determine that Johnson's reintegration must be delayed for reasons of his own safety or safety of others.... defts to document in detail reasons for delay & submit documentation to ct forthwith.; 7. Ct finds relief granted hereinabove narrowly drawn, exts no further than necessary to correct harm req'ng relief & is least intrusive means necessary to correct that harm...; 8. Johnson's motion 60 to unseal testimony of Siena Smith GRANTED. Clrk of Ct shall UNSEAL transcript 63 of her testimony & parties' prop findings of fact & conc of law 65 & 66 forthwith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/20/16. (ki) (Entered: 09/20/2016)

ORDER -It is hereby ORDERED that the ct's memo 67 is amended @ page 26 to state, in opening sentece of 1st paragraph, as follows: "When he entered Department custody in August 1973, Mr. Johnson was twenty-one years old, and his life expectancy was forty-four more years." (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/21/16. (ki) (Entered: 09/21/2016)

Proposed Pretrial Order Joint Proposed Step-Down Program for Arthur Johnson by Anthony Kovalchik, James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Giunta, M.) (Entered: 09/28/2016)

ORDER - JOINT STEP DOWN PROGRAM FOR ARTHUR JOHNSON 70 approved by the court. (See order for complete details)Signed by Chief Judge Christopher C. Conner on 9/30/16. (ki) (Entered: 09/30/2016)

SCHEDULING ORDER: Initial Case Management Conference set for 2/14/2017 @ 10:15 AM - placement of the telephone conference call is the responsibility of the plaintiff. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/9/17. (ki) (Entered: 01/09/2017)

MOTION to Withdraw as Attorney Thomas S. Jones by Arthur Johnson. (Attachments: # 1 Proposed Order)(Ackerman, Tarah) (Entered: 01/26/2017)

1 Proposed Order

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ORDER granting motion 73 for leave to w/draw & permitting Atty Thomas S. Jones to w/draw his appearance as cnsl for pltf Arthur Johnson. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/30/17. (ki) (Entered: 01/30/2017)

CASE MANAGEMENT PLAN agreed upon by all parties by James Meintel, Shirley Moore-Smeal, Brenda Tritt, Michael Wenerowicz, John Wetzel. (Romano, Karen) (Entered: 02/09/2017)

ORDER REFERRING CASE for Purposes of Settlement Conference Only to Magistrate Judge Martin C. Carlson. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 2/14/17. (ki) (Entered: 02/14/2017)

SCHEDULING ORDER: A Settlement Conference is set for 4/24/2017 at 1:00 PM in Harrisburg - Courtroom 5 before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on March 1, 2017. (kjn) (Entered: 03/01/2017)

VACATED -Writ of Habeas Corpus ad Testificandum Issued as to Arthur Johnson, #AF-2457 for April 24, 2017 at 1:00 p.m.. Signed by Magistrate Judge Carlson 3/1/2017. (kjn) Modified on 4/18/2017 (kjn). (Entered: 03/01/2017)

Letter from Plaintiff's Counsel . (Grote, Bret) (Entered: 04/18/2017)

ORDER - IT IS HEREBY ORDERED THAT the parties shall provide a status report on the progress of these settlement negotiations on or before May 26, 2017. Signed by Magistrate Judge Martin C. Carlson on May 16, 2017. (kjn) (Entered: 05/16/2017)

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within ninety (90) days, to reinstate the action if settlement is not consummated. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/28/17. (ki) (Entered: 06/28/2017)

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney M. Abbegael Giunta terminated on behalf of Defendants. (Giunta, M.) (Entered: 10/17/2017)