Case: United States v. Alabama

United States of America v. Alabama

CRIPA Investigation of Alabama's Prisons for Men

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United States v. State of Alabama

COMPLAINT against Alabama Department of Corrections, State of Alabama, filed by United States of America.(AKD) (Entered: 12/09/2020)

NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) (Entered: 12/09/2020)

Request for service by certified mail filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Request for service by certified mail filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Summons Issued as to Alabama Department of Corrections and State of Alabama mailed certified mail. (AKD) (Entered: 12/10/2020)

AFFIDAVIT of Service for Complaint served on Defendants State of Alabama and Alabama Department of Corrections on December 10, 2020, filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Summons and Complaint Returned With COVID-19 Notation from Postal Employee by United States of America as to defendant Alabama Department of Corrections c/o William Lunsford. (AKD) (Entered: 12/16/2020)

NOTICE of Appearance by Praveen Krishna on behalf of United States of America (Krishna, Praveen) (Entered: 12/18/2020)

SUMMONS Returned Executed by United States of America. State of Alabama c/o Attorney General Steve Marshall served on 12/17/2020, answer due 1/7/2021. (AKD) (Entered: 12/21/2020)

WAIVER OF SERVICE Returned Executed by United States of America. (Ward, Carla) (Entered: 01/05/2021)

WAIVER OF SERVICE Returned Executed by United States of America. Alabama Department of Corrections waiver sent on 12/17/2020, answer due 2/15/2021. (Ward, Carla) (Entered: 01/05/2021)

Joint MOTION to clarify Time of Defendants' Response to Complaint by United States of America. (Ward, Carla) (Entered: 01/11/2021)

TEXT ORDER clarifying that the responsive pleadings of Defendants State of Alabama and Alabama Department of Corrections are due by February 15, 2021. Signed by Magistrate Judge John H. England, III on 1/11/2021. (CDG) (Entered: 01/11/2021)

NOTICE of Appearance by William R Lunsford on behalf of Alabama Department of Corrections, State of Alabama (Lunsford, William) (Entered: 01/15/2021)

NOTICE of Appearance by Matthew B Reeves on behalf of Alabama Department of Corrections, State of Alabama (Reeves, Matthew) (Entered: 01/15/2021)

NOTICE of Appearance by Stephen C Rogers on behalf of Alabama Department of Corrections, State of Alabama (Rogers, Stephen) (Entered: 01/15/2021)

NOTICE OF REASSIGNMENT- The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:20 CV 1971 RDP on all subsequent pleadings. (AKD) (Entered: 01/25/2021)

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 1/27/2021. (KAM) (Entered: 01/27/2021)

NOTICE of Appearance by George Eppsteiner on behalf of United States of America (Eppsteiner, George) (Entered: 02/11/2021)

MOTION to Dismiss the Complaint by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 02/15/2021)

RESPONSE in Support re 20 MOTION to Dismiss the Complaint Memorandum of Law in Support of Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Attachments: # 1 Exhibit A - Braggs Liability Opinion, # 2 Exhibit B - Braggs Staffing Remedial Order)(Lunsford, William) (Entered: 02/15/2021)

TEXT ORDER - This matter is before the court on Defendants Motion to Dismiss and accompanying Memorandum of Law 20 21 . The parties are REMINDED to brief the Motion 20 in accordance with the timelines set forth in Exhibit B to the court's Initial Order 18 . Signed by Judge R David Proctor on 2/17/2021. (KAM) (Entered: 02/17/2021)

Opposition to re 20, 21 Motion to Dismiss filed by United States of America. (Ward, Carla) (Entered: 02/25/2021)

Joint MOTION to Stay Rule 26 Initial Conference by United States of America. (Ward, Carla) (Entered: 02/25/2021)

TEXT ORDER - Before the court is the parties Joint Motion to Stay Rule 26 Initial Conference. 24 . In that Motion, the parties request a four-week stay of all pretrial scheduling and discovery obligations. For good cause shown, the Motion 24 is GRANTED and all pretrial scheduling and discovery obligations are STAYED until April 1, 2021. Signed by Judge R David Proctor on 3/2/2021. (KAM) (Entered: 03/02/2021)

REPLY to Response to Motion re 20 MOTION to Dismiss the Complaint The State's Reply in Further Support of the Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 03/02/2021)

NOTICE by United States of America re 25 Order on Motion to Stay, Parties Will Not Seek to Extend Stay (Ward, Carla) (Entered: 04/02/2021)

MOTION to Stay Discovery and Extend Deadline for Parties' Planning Meeting by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 04/06/2021)

TEXT ORDER - Before the court is Defendants Motion to Stay Discovery and Extend Deadline for Parties Planning Meeting. The Motion is SET for a telephone conference on Monday, April 12, 2021, at 12:30 P.M. Counsel are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 4/8/2021. (KAM) (Entered: 04/08/2021)

Opposition to re 28 Defendants' Motion to Stay Discovery filed by United States of America. (Attachments: # 1 Exhibit A)(Ward, Carla) (Entered: 04/09/2021)

Telephone Conference

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 4/12/2021. The court will enter an order separately outlining the deadlines as discussed: Amended complaint to be filed by 5/19/2021; responsive pleading due 28 days thereafter. The parties will proceed with parties planning meeting. (KLL)

ORDER Defendants Motion to Dismiss the Complaint 20 ) is ADMINISTRATIVELY TERMINATED as MOOT. Furthermore, Plaintiff SHALL file an amended complaint, separating its allegations by facility, on or before May 19, 2021; Any response by Defendants, including a second motion to dismiss, SHALL be due on or before June 16, 2021. Signed by Judge R David Proctor on 4/13/2021. (KAM) (Entered: 04/13/2021)

ORDER the parties SHALL meet and confer to discuss whether use of a special master would be appropriate to resolve future discovery issues. In addition, the Parties SHALL, within fourteen (14) days of the entry of this Order, confer pursuant to Federal Rule of Civil Procedure 26(f) and present a Rule 26(f) report on or before June 30, 2021. Signed by Judge R David Proctor on 4/13/2021. (KAM) (Entered: 04/13/2021)

TEXT ORDER - This case is SET for a telephonic joint status conference with counsel in this action and in Duke v. Dunn, 4:14-cv-1952-RDP (N.D. Ala.) and D.S. v. Dunn, 2:20-cv-02012-RDP (N.D. Ala.) on May 10, 2021 at 2:00 p.m.. The parties are DIRECTED to call 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 4/22/2021. (KAM) (Entered: 04/22/2021)

NOTICE of Appearance by Matthew J Donnelly on behalf of United States of America (Donnelly, Matthew) (Entered: 05/07/2021)

Telephone Conference

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 5/10/2021. (KLL)

ORDER In addition to fulfilling other obligations as directed by the court, the parties to the above-captioned cases SHALL conduct a joint Rule 26(f) conference and file a consolidated joint report in these cases on or before June 30, 2021. Signed by Judge R David Proctor on 5/11/2021. (KAM) (Entered: 05/11/2021)

TEXT ORDER In light of the courts May 11, 2021 Order regarding a joint Rule 26(f) conference, Defendants Motion to Stay Discovery and Extend Deadline for Parties Planning Meeting 28 is MOOT. Signed by Judge R David Proctor on 5/12/2021. (KAM) (Entered: 05/12/2021)

AMENDED COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 Attachment A)(Ward, Carla) (Entered: 05/19/2021)

1 Attachment A

View on PACER

MOTION to Dismiss Motion for Partial Dismissal by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 06/16/2021)

Brief re 38 MOTION to Dismiss Motion for Partial Dismissal Memorandum of Law in Support of the State's Motion for Partial Dismissal of the Amended Complaint filed by Alabama Department of Corrections, State of Alabama. (Attachments: # 1 Exhibit A - Braggs v. Dunn Liability Opinion, # 2 Exhibit B - Braggs v. Dunn Staffing Remedial Order)(Lunsford, William) (Entered: 06/16/2021)

ANSWER to 37 Amended Complaint by Alabama Department of Corrections, State of Alabama.(Reeves, Matthew) (Entered: 06/16/2021)

Opposition to re 38, 39 filed by United States of America. (Ward, Carla) (Entered: 06/28/2021)

REPORT of Rule 26(f) Planning Meeting. (Donnelly, Matthew) (Entered: 06/30/2021)

NOTICE by United States of America of Consolidated Joint Rule 26(f) Report (Ward, Carla) (Entered: 06/30/2021)

REPLY to Response to Motion re 38 MOTION to Dismiss Motion for Partial Dismissal The State's Reply in Further Support of Motion for Partial Dismissal filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 07/06/2021)

NOTICE by United States of America RE: APPOINTMENT OF A SPECIAL MASTER (Donnelly, Matthew) (Entered: 07/16/2021)

NOTICE by United States of America re: Consolidated Protective Order (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 07/16/2021)

NOTICE by United States of America re: Consolidated Order on Protocols for Production of Documents and Things (Including ESI) (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 07/17/2021)

NOTICE by United States of America (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Donnelly, Matthew) (Entered: 07/17/2021)

NOTICE by United States of America RE: PROTOCOLS FOR PRODUCTION OF DOCUMENTS AND THINGS (INCLUDING ESI) (Attachments: # 1 Text of Proposed Order Proposed Order Regarding Protocols for Production of Documents and Things (Including ESI))(Donnelly, Matthew) (Entered: 07/17/2021)

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 8/5/2021 10:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 7/19/2021. (KAM) (Entered: 07/19/2021)

Unopposed MOTION to Continue Unopposed Motion to Continue of Rule 16(b) Scheduling Conference by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 07/21/2021)

TEXT ORDER This matter is before the court on Defendants Motion to Continue 51 the courts scheduling conference. The Motion 51 is GRANTED. The scheduling conference set for August 5, 2021 is CANCELLED. The court will reset the scheduling conference by future order. Signed by Judge R David Proctor on 7/23/2021. (KAM) (Entered: 07/23/2021)

NOTICE by United States of America Joint Request for Scheduling Conference (Ward, Carla) (Entered: 08/30/2021)

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 10/7/2021 10:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 9/1/2021. (KAM) (Entered: 09/01/2021)

TEXT ORDER The court has received an informal request to move the Thursday, October 7 Scheduling Conference back thirty-minutes to 10:30 a.m., due to certain travel issues. The court understands that the request is unopposed. Therefore, the scheduling conference in these matters is RE-SET at 10:30 a.m. on Thursday, October 7, 2021, in the Special Proceedings courtroom located on the 8th floor at the Hugo L. Black United States Courthouse; A court reporter will be present. Signed by Judge R David Proctor on 10/5/2021. (KAM) (Entered: 10/05/2021)

Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 10/7/2021. Conference will reconvene on 10/13/2021 at 1p. Order to follow. (Court Reporter Risa Entrekin.) (YMB)

Scheduling Conference

TEXT ORDER The court SETS this case for a status conference at 1:00 P.M. on Wednesday, October 13, 2021, in the Special Proceedings courtroom located on the 8th floor at the Hugo L. Black United States Courthouse. A court reporter will be present. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL submit to the court a joint proposal for a Protective Order on or before Tuesday, October 12, 2021 at 10:00 A.M. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL also submit to the court a joint proposal for Production of Documents on or before Tuesday, October 12, 2021 at 10:00 A.M. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL meet and confer to discuss the scope of 18 U.S.C. ยง 3626 and SHALL file separate letter briefs to the court discussing whether 18 U.S.C. ยง 3626 applies only to the post-judgment remedial phase of litigation as opposed to a cases discovery phase (before judgment and the implementation of a remedy). Signed by Judge R David Proctor on 10/7/2021. (KAM) (Entered: 10/07/2021)

MEMORANDUM OPINION. Signed by Judge R David Proctor on 10/8/2021. (KAM) (Entered: 10/08/2021)

ORDER in accordance with the Memorandum Opinion entered this day, Defendant's 38 Motion for Partial Dispmissal is GRANTED IN PART and DENIED IN PART; Plaintiff SHALL replead the Amended Complaint to cure its deficiencies as a shotgun pleading; Defendants' requests for the court to dismiss allegations predicated on understaffing, to recognize a heightened pleading standard for the CRIPA action, and to review the Attorney Generals certification of the action are DENIED; Plaintiff SHALL file its Second Amended Complaint within forty-five (45) days from the date on which this order is entered. Defendants SHALL respond to the amended pleading within thirty (30) days. Signed by Judge R David Proctor on 10/8/2021. (KAM) (Entered: 10/08/2021)

NOTICE by United States of America of Proposed Joint Protective Order (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 10/12/2021)

NOTICE by United States of America of Joint Proposed Order Regarding Protocols for Production of Documents and Things (Including ESI) (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 10/12/2021)

Transcript of Proceedings (Scheduling Conference) held on October 7, 2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE: The parties have seven (7) 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. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022. (KAM) (Entered: 10/12/2021)

Status Conference

Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 10/13/2021. (Court Reporter Risa Entrekin.) (KLL)

STIPULATED CONSOLIDATED PROTECTIVE ORDER. Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

STIPULATED CONSOLIDATED ORDER REGARDING PROTOCOLS FOR PRODUCTION OF DOCUMENTS AND THINGS (INCLUDING ESI). Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

ORDER The parties have agreed in principle that R. Bruce Barze, Jr. SHALL serve as the Special Master. On or before Friday, October 22, 2021, the parties SHALL submit a joint proposed order naming Barze as the Special Master and defining his role in these coordinated actions.1 If the parties need more time to submit the proposed order, they are DIRECTED to notify the court. Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

NOTICE by United States of America re 64 Order, JOINT NOTICE RE: EXTENSION OF TIME TO FILE SPECIAL MASTER PROPOSALS (Donnelly, Matthew) (Entered: 10/22/2021)

TEXT ORDER Before the court is the Joint Notice Regarding Extension of Time to File Special Master Proposals 65 . To discuss the Joint Notice 65, the court SETS a telephonic conference for Tuesday, October 26, 2021 at 10:00 A.M. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 10/25/2021. (KAM) (Entered: 10/25/2021)

Telephone Conference

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 10/26/2021. Outstanding disputes resolved as discussed and agreed to by the parties. The proposed special master order shall be filed by Friday, October 29, 2021. (KLL)

ORDER Before the court is the parties Joint Notice Regarding Extension of Time to File Special Master Proposal 65 ; During a telephonic conference with the parties, the court and the parties discussed four critical issues impeding their filing of a joint proposed order; At the end of the call, the parties indicated that their concerns were addressed and they could move forward with drafting the proposed order; The parties SHALL submit the Joint Proposed Order in accordance with the resolutions detailed in this Order on or before Friday, October 29, 2021. Signed by Judge R David Proctor on 10/26/2021. (KAM) (Entered: 10/27/2021)

NOTICE by United States of America re 67 Order,, JOINT NOTICE RE: SPECIAL MASTER PROPOSAL (Attachments: # 1 Text of Proposed Order)(Donnelly, Matthew) (Entered: 10/29/2021)

TEXT ORDER - The court SETS a telephonic conference for Thursday, November 4, 2021 at 3:00 P.M. to discuss the parties proposed Order Appointing a Special Master. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 11/2/2021. (KAM) (Entered: 11/02/2021)

Telephone Conference

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 11/4/2021. (KLL)

ORDER Pursuant to Rule 53(a)(1)(A) of the Federal Rules of Civil Procedure, the Parties to these two actions have agreed to the appointment of R. Bruce Barze, Jr. as the Special Master to assist the court with the completion of discovery in these two coordinated actions. The Parties consent to Special Master Barzes appointment for the limited purpose of assisting with discovery matters in accordance with the authorized duties and limitations set out within this order. Signed by Judge R David Proctor on 11/9/2021. (KAM) (Entered: 11/09/2021)

AMENDED COMPLAINT SECOND against Alabama Department of Corrections, State of Alabama, filed by United States of America. (Attachments: # 1 Attachment A)(Ward, Carla) (Entered: 11/19/2021)

NOTICE of Appearance by Mary Landon Whatley on behalf of Alabama Department of Corrections, State of Alabama (Whatley, Mary) (Entered: 12/06/2021)

MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 12/20/2021)

Brief re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint Memorandum of Law in Support of the State's Motion for Partial Dismissal of the Second Amended Complaint filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 12/20/2021)

ANSWER to 71 Amended Complaint The State's Answer to the Second Amended Complaint by Alabama Department of Corrections, State of Alabama.(Lunsford, William) (Entered: 12/20/2021)

Joint MOTION for Extension of Time to File Response/Reply to Defendants Partial Motion to Dismiss by Modifying Briefing Schedule by United States of America. (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 12/21/2021)

TEXT ORDER Before the court is the parties' Joint Motion for Extension of Time 76 . The Motion 76 is GRANTED. Plaintiff SHALL file its response on or before January 13, 2022. Defendant SHALL file its reply on or before January 27, 2022. Signed by Judge R David Proctor on 12/22/2021. (KEK) (Entered: 12/22/2021)

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint. Responses due by 1/13/2022; Replies due by 1/27/2022. (KEK)

RESPONSE in Opposition re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint filed by United States of America. (Ward, Carla) (Entered: 01/13/2022)

REPLY to Response to Motion re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint The State's Reply in Further Support of Partial Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 01/27/2022)

NOTICE of Appearance by Anne Adams Hill on behalf of All Defendants (Hill, Anne) (Entered: 02/11/2022)

MEMORANDUM OPINION AND ORDER 73 Defendant's Motion for Partial Dismissal is DENIED. Signed by Judge R David Proctor on 4/1/2022. (KAM) (Entered: 04/01/2022)

TEXT ORDER The parties SHALL meet and confer with the Special Master and file a proposed Rule 16(b) scheduling order on or before May 6, 2022. Signed by Judge R David Proctor on 4/5/2022. (KAM) (Entered: 04/05/2022)

NOTICE by United States of America re 82 Order Joint Notice of Proposed Scheduling Order (Attachments: # 1 Text of Proposed Order Scheduling Order)(Donnelly, Matthew) (Entered: 05/06/2022)

SCHEDULING ORDER: certain time limits apply as set out in this order; Discovery due by 3/5/2024. Dispositive Motions due by 4/22/2024. Pretrial ready in September 2024; Trial ready in November 2024. Signed by Judge R David Proctor on 5/10/2022. (KAM) (Entered: 05/10/2022)

STATUS REPORT - Report and Recommendation of Special Master by Special Master. filed by Special Master (Attachments: # 1 Exhibit A - USA Letter Brief, # 2 Exhibit B - AL Letter Brief, # 3 Exhibit C - Steward Orders, # 4 Exhibit D - Lane Scheduling Order)(Barze, R) (Entered: 05/13/2022)

Opposition to re 85 The State's Objection to the Special Master's Report and Recommendation on Evidentiary Fact Cutoff Date filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 05/20/2022)