Case: Fowler v. Turco

1:15-cv-12298 | U.S. District Court for the District of Massachusetts

Filed Date: June 10, 2015

Closed Date: 2020

Clearinghouse coding complete

Case Summary

On June 10, 2015, inmates of the Massachusetts Department of Correction filed this class action lawsuit in the U.S. District Court District of Massachusetts. The plaintiffs sued the Massachusetts Partnership for Correctional Healthcare LLC (“MPCH”) and the Commissioner of the Massachusetts Department of Correction under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had repeatedly shown deliberate indifference to the serious medical needs of plaintiffs and the members of the cla…

On June 10, 2015, inmates of the Massachusetts Department of Correction filed this class action lawsuit in the U.S. District Court District of Massachusetts. The plaintiffs sued the Massachusetts Partnership for Correctional Healthcare LLC (“MPCH”) and the Commissioner of the Massachusetts Department of Correction under 42 U.S.C. § 1983. The plaintiffs alleged that the defendants had repeatedly shown deliberate indifference to the serious medical needs of plaintiffs and the members of the class, who are infected with the Hepatitis C virus. The plaintiffs alleged that over 1,500 state prisoners in Massachusetts have Hepatitis C, but at the time only three were being treated for it, despite major advances in treatment of Hepatitis C made in 2014. The plaintiffs, represented by private counsel and Prisoners' Legal Services, sought declaratory and injunctive relief under the Eighth and Fourteenth Amendments.

On September 17, 2015, the defendants answered and asserted the affirmative defense that the plaintiffs failed to state claim upon which relief could be granted, and that the plaintiffs failed to exhaust administrative remedies under 42 U.S.C. 1993e(a); they also objected to class certification. On May 16, 2016, plaintiffs moved for class certification, and on July 22, 2016 Judge Nathaniel M. Gorton granted class certification, certifying a class of all current and future Massachusetts Department of Correction prisoners who have or will have Hepatitis C.

Sadly, one of the original plaintiffs passed away due to complications with his Hepatitis C and was removed from the litigation by an amended complaint filed with the court on July 29, 2016.

On January 11, 2017, the parties entered a joint motion to extend discovery until May 1, 2017. Since that date, the parties underwent discovery, with a trial date set for April 30, 2018. On March 9, 2018, the parties filed a joint motion requesting the court approve their settlement agreement. Under the terms of the settlement agreement, MPCH had to implement a new protocol to govern the testing, evaluation, and treatment of Hepatitis C; the DOC would hire a third party to monitor the progress of MPCH in implementing its protocol; and all class members and future prisoners with Hepatitis C were to be assigned priority levels, with corresponding treatment based on their priority level. On June 28, 2019, the parties appeared before Judge Gorton, who, finding that the settlement was fair, reasonable, and adequate, approved the settlement. On June 29, 2018, Judge Gorton filed an electronic order awarding the class counsel $270,000 for attorneys’ fees and $1,500 for expenses. The court enforced the settlement agreement until December 2020. As of April 1, 2021, there are no updates regarding the enforcement of the settlement.

Summary Authors

Nichollas Dawson (10/11/2017)

Lisa Limb (3/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4275970/parties/fowler-v-turco/


Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Attorneys(s) for Plaintiff

Hampton, J. David (Massachusetts)

Kelston, David (Massachusetts)

Pritchard, Tatum A. (Massachusetts)

Shapiro, Jonathan (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

Benedon, Carrie M. (Massachusetts)

Carpenter, Curtis L.S. (Massachusetts)

Dietrick, Stephen G. (Massachusetts)

DiGangi, Thomas Vincent (Massachusetts)

Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Attorneys(s) for Plaintiff

Hampton, J. David (Massachusetts)

Kelston, David (Massachusetts)

Pritchard, Tatum A. (Massachusetts)

Shapiro, Jonathan (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

Benedon, Carrie M. (Massachusetts)

Carpenter, Curtis L.S. (Massachusetts)

Dietrick, Stephen G. (Massachusetts)

DiGangi, Thomas Vincent (Massachusetts)

Flanagan, William J. (Massachusetts)

Hansen, Janna J. (Massachusetts)

Hartnett, Timothy D. (Massachusetts)

McLaughlin, Anne M (Massachusetts)

Weigand, Tory A. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

March 25, 2019 Docket
1

Class Action Complaint

Fowler v. O'Brien

June 10, 2015 Complaint
49

First Amended Class Action Complaint

May 16, 2016 Complaint
35

Memorandum in Support of Plaintiffs' Motion for Class Certification

May 16, 2016 Pleading / Motion / Brief
34

Plaintiffs' Motion for Class Certification

May 16, 2016 Pleading / Motion / Brief
90-1

Settlement Agreement

March 9, 2018 Settlement Agreement
94

Joint Motion to Approve Settlement Agreement

March 20, 2018 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4275970/fowler-v-turco/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5601831 (Fee Status: Filing Fee paid), filed by Jeffrey Fowler, Emilian Paszko. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Shapiro, Jonathan) (Attachment 2 replaced on 6/10/2015) (Burgos, Sandra). (Attachment 1 replaced on 6/10/2015) (Burgos, Sandra). (Entered: 06/10/2015)

1 Civil Cover Sheet

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2 Category Form

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June 10, 2015 RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Abaid, Kimberly) (Entered: 06/10/2015)

June 10, 2015 PACER
3

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 06/10/2015)

June 10, 2015 PACER
4

NOTICE of Appearance by William J. Flanagan on behalf of Massachusetts Partnership for Correctional Healthcare LLC (Flanagan, William) (Entered: 07/01/2015)

July 1, 2015 PACER
5

WAIVER OF SERVICE Returned Executed by Emilian Paszko, Jeffrey Fowler. Carol Higgins O'Brien waiver sent on 6/16/2015, answer due 8/17/2015. (Shapiro, Jonathan) (Entered: 07/07/2015)

July 7, 2015 PACER
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NOTICE of Appearance by Carrie M. Benedon on behalf of Carol Higgins O'Brien (Benedon, Carrie) (Entered: 07/21/2015)

July 21, 2015 PACER
7

NOTICE of Appearance by J. David Hampton on behalf of Carol Higgins O'Brien (Hampton, J.) (Entered: 07/27/2015)

July 27, 2015 PACER
8

NOTICE of Appearance by Joel H. Thompson on behalf of Jeffrey Fowler, Emilian Paszko (Thompson, Joel) (Entered: 07/31/2015)

July 31, 2015 PACER
9

Assented to MOTION for Extension of Time to 9/17/2015 to File Answer by Carol Higgins O'Brien.(Hampton, J.) (Entered: 08/06/2015)

Aug. 6, 2015 PACER
10

MEMORANDUM in Support re 9 Assented to MOTION for Extension of Time to 9/17/2015 to File Answer filed by Carol Higgins O'Brien. (Hampton, J.) (Entered: 08/06/2015)

Aug. 6, 2015 PACER
11

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 9 Motion for Extension of Time to Answer re 1 Complaint, Carol Higgins O'Brien answer due 9/17/2015. (Lima, Christine) (Entered: 08/07/2015)

Aug. 7, 2015 PACER
12

NOTICE of Appearance by Curtis L.S. Carpenter on behalf of Massachusetts Partnership for Correctional Healthcare LLC (Carpenter, Curtis) (Entered: 08/07/2015)

Aug. 7, 2015 PACER
13

ANSWER to 1 Complaint, by Carol Higgins O'Brien.(Benedon, Carrie) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
14

NOTICE of Scheduling Conference Scheduling Conference set for 11/5/2015 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Danieli, Chris) (Entered: 09/18/2015)

Sept. 18, 2015 PACER
15

ANSWER to 1 Complaint, with Jury Demand by Massachusetts Partnership for Correctional Healthcare LLC.(Flanagan, William) (Entered: 10/02/2015)

Oct. 2, 2015 PACER
16

Joint MOTION to Continue Scheduling Conference dated 11/5/2015 at 3 p.m. to 1/4/2016 by Carol Higgins O'Brien.(Hampton, J.) (Entered: 10/29/2015)

Oct. 29, 2015 PACER
17

Joint MEMORANDUM in Support re 16 Joint MOTION to Continue Scheduling Conference dated 11/5/2015 at 3 p.m. to 1/4/2016 filed by Carol Higgins O'Brien. (Hampton, J.) (Entered: 10/29/2015)

Oct. 29, 2015 PACER
18

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 16 Motion to Continue Scheduling Conference set for 1/6/2016 03:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Danieli, Chris) (Entered: 10/30/2015)

Oct. 30, 2015 PACER
19

ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 1/6/2016 10:45 AM in Courtroom 4 before Judge Nathaniel M. Gorton. NOTE - CHANGE IS AS TO TIME ONLY. (Lima, Christine) (Entered: 12/17/2015)

Dec. 17, 2015 PACER
20

Joint MOTION to Continue Scheduling Conference dated 1/6/16 to 3/7/16 or after by Carol Higgins O'Brien.(Hampton, J.) (Entered: 12/18/2015)

Dec. 18, 2015 PACER
21

MEMORANDUM in Support re 20 Joint MOTION to Continue Scheduling Conference dated 1/6/16 to 3/7/16 or after filed by Carol Higgins O'Brien. (Hampton, J.) (Entered: 12/18/2015)

Dec. 18, 2015 PACER
22

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 20 Motion to Continue Scheduling Conference set for 3/15/2016 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
23

JOINT STATEMENT re scheduling conference set for 3/15/2016. (Hampton, J.) (Entered: 03/08/2016)

March 8, 2016 PACER
24

NOTICE - Parties are reminded to submit their Local Rule 16.1 Certifications forthwith. (Lima, Christine) (Entered: 03/10/2016)

March 10, 2016 PACER
25

CERTIFICATION pursuant to Local Rule 16.1 . (Hampton, J.) (Entered: 03/10/2016)

March 10, 2016 PACER
26

CERTIFICATION pursuant to Local Rule 16.1 of Jeffrey Fowler. (Thompson, Joel) (Entered: 03/14/2016)

March 14, 2016 PACER
27

SUGGESTION OF DEATH Upon the Record as to Emilian Paszko by Emilian Paszko. (Thompson, Joel) (Entered: 03/14/2016)

March 14, 2016 PACER
28

CERTIFICATION pursuant to Local Rule 16.1 . (Carpenter, Curtis) (Entered: 03/14/2016)

March 14, 2016 PACER
29

NOTICE of Appearance by Janna J. Hansen on behalf of Carol Higgins O'Brien (Hansen, Janna) (Entered: 03/15/2016)

March 15, 2016 PACER
30

Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held on 3/15/2016: Automatic Discovery to be completed by 4/14/16; Amendments and/or Supplements to the Pleadings, and Motion for Class Certification due by 5/16/2016; opposition to Motion due by 6/16/16. If the case proceeds after class certification, written discovery served by 9/30/16, answered by 10/31/16; all fact Discovery to be completed by 12/31/2016; Plaintiffs' experts designated and Rule 26 Reports exchanged by 2/28/17; Defendants' experts designated and Rule 26 Reports exchanged by 3/31/17; rebuttals by 4/30/17; dispositve Motions due by 7/31/2017, oppositions by 8/31/17, no replies without leave of Court. Joint Status Report regarding Mediation due by 1/15/2017. Final Pretrial Conference set for 11/16/2017 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 12/4/2017 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Court Reporter: No Court Reporter Used.)(Attorneys present: Shapiro, Kelston, Thompson, Hampton, Hansen, Carpenter) (Lima, Christine) (Entered: 03/16/2016)

March 15, 2016 PACER
31

NOTICE by Carol Higgins O'Brien of Substitution of Thomas Turco for Carol Higgins O'Brien as Commissioner of the Massachusetts Department of Correction (Hampton, J.) (Entered: 04/14/2016)

April 14, 2016 PACER
32

MOTION to Amend 1 Complaint, by Jeffrey Fowler. (Attachments: # 1 Proposed Amended Complaint)(Thompson, Joel) (Entered: 05/16/2016)

1 Proposed Amended Complaint

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May 16, 2016 PACER
33

MEMORANDUM in Support re 32 MOTION to Amend 1 Complaint, filed by Jeffrey Fowler. (Thompson, Joel) (Entered: 05/16/2016)

May 16, 2016 PACER
34

MOTION to Certify Class by Jeffrey Fowler.(Thompson, Joel) (Entered: 05/16/2016)

May 16, 2016 PACER
35

MEMORANDUM in Support re 34 MOTION to Certify Class filed by Jeffrey Fowler. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Thompson, Joel) (Entered: 05/16/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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May 16, 2016 PACER
36

ELECTRONIC NOTICE issued requesting courtesy copy for 35 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) (Entered: 05/17/2016)

May 17, 2016 PACER
37

NOTICE of Withdrawal of Appearance by J. David Hampton (Hampton, J.) (Main Document 37 replaced on 5/25/2016) (Caruso, Stephanie). (Entered: 05/25/2016)

May 25, 2016 PACER
38

Joint MOTION for Extension of Time to 6/30/2016 to File Response/Reply to Plaintiffs' Motion for Class Certification by Carol Higgins O'Brien.(Hansen, Janna) (Entered: 06/13/2016)

June 13, 2016 PACER
39

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 38 Motion for Extension of Time to File Response/Reply re 34 MOTION to Certify Class Responses due by 6/30/2016 (Caruso, Stephanie) (Entered: 06/14/2016)

June 14, 2016 PACER
40

NOTICE of Appearance by Thomas Vincent DiGangi on behalf of Thomas Turco (DiGangi, Thomas) (Entered: 06/14/2016)

June 14, 2016 PACER
41

Joint MOTION for Extension of Time to July 14, 2016 to Respond to Plaintiffs' Motion for Class Certification by Massachusetts Partnership for Correctional Healthcare LLC, Thomas Turco.(Hansen, Janna) (Entered: 06/30/2016)

June 30, 2016 PACER
42

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 41 Motion for Extension of Time to July 14, 2016 to Respond to Plaintiffs' Motion for Class Certification by Massachusetts Partnership for Correctional Healthcare LLC, Thomas Turco. (Caruso, Stephanie) (Entered: 07/01/2016)

July 1, 2016 PACER
43

Set/Reset Deadlines as to 34 MOTION to Certify Class . Responses due by 7/14/2016 (Caruso, Stephanie) (Entered: 07/01/2016)

July 1, 2016 PACER
44

Joint RESPONSE to Motion re 34 MOTION to Certify Class filed by Thomas Turco. (Hansen, Janna) (Entered: 07/14/2016)

July 14, 2016 PACER
45

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 32 Motion to Amend 1 Complaint, by Jeffrey Fowler. (Caruso, Stephanie) (Entered: 07/25/2016)

July 22, 2016 RECAP
46

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 34 Motion to Certify Class (Caruso, Stephanie) (Entered: 07/25/2016)

July 22, 2016 RECAP
47

Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 44 Joint RESPONSE to Motion re 34 MOTION to Certify Class filed by Thomas Turco."Joint Class Certification Proposal in approved."(Caruso, Stephanie) (Entered: 07/25/2016)

July 22, 2016 RECAP
48

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. Plaintiffs are directed to file their amended complaint re 45 Order on Motion to Amend (Caruso, Stephanie) (Entered: 07/26/2016)

July 26, 2016 PACER
49

AMENDED COMPLAINT against Massachusetts Partnership for Correctional Healthcare LLC, Thomas Turco, filed by Jeffrey Fowler, Paul R. Whooten, Michael Turner, Michael Fitzpatrick.(Thompson, Joel) (Entered: 07/29/2016)

July 29, 2016 RECAP
50

ANSWER to 49 Amended Complaint by Massachusetts Partnership for Correctional Healthcare LLC.(Carpenter, Curtis) (Entered: 08/12/2016)

Aug. 12, 2016 RECAP
51

ANSWER to 49 Amended Complaint by Thomas Turco.(Benedon, Carrie) (Entered: 08/12/2016)

Aug. 12, 2016 RECAP
52

Joint MOTION for Protective Order by Thomas Turco. (Attachments: # 1 Text of Proposed Order Proposed Stipulated Protective Order)(Hansen, Janna) (Attachment 1 replaced on 10/26/2016) (Lima, Christine). (Entered: 10/25/2016)

1 Text of Proposed Order Proposed Stipulated Protective Order

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Oct. 25, 2016 PACER
53

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 52 Motion for Protective Order. "Joint motion allowed subject to the provision on page 16 of the order." (Caruso, Stephanie) (Entered: 11/14/2016)

Nov. 10, 2016 RECAP
54

Judge Nathaniel M. Gorton: ORDER entered. PROTECTIVE ORDER. "Subject, specifically, to the provisions of Local Rule 7.2."(Caruso, Stephanie) (Entered: 11/14/2016)

Nov. 10, 2016 PACER
55

NOTICE of Appearance by Anne M. McLaughlin on behalf of Thomas Turco (McLaughlin, Anne) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
56

Joint MOTION for Extension of Time to 5/1/2017 to Complete Discovery by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten.(Thompson, Joel) Modified on 1/18/2017 (Caruso, Stephanie). (Entered: 12/29/2016)

Dec. 29, 2016 PACER
57

Judge Nathaniel M. Gorton: ENDORSED ORDER entered. "Motion allowed" re 56 Joint MOTION for Extension of Time to 5/1/2017 to Complete Discovery filed by Jeffrey Fowler, Paul R. Whooten, Michael Fitzpatrick, Michael Turner Completion of fact discovery, including responses to writtenDiscovery to be completed by 5/1/2017; Plaintiffs experts designated and Rule 26 reports produced by 6/30/2017; Defendants experts designated and Rule 26 reports produced by 7/31/2017; Expert rebuttals produced by 8/31/2017; Dispositive motions due by 10/2/2017; Oppositions to dispositive motions due by 11/2/2017; Joint Status Report regarding mediation due by 1/17/2017; Final Pretrial Conference set for 1/16/2018 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton; Jury Trial set for 2/5/2018 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Caruso, Stephanie) (Entered: 01/12/2017)

Jan. 11, 2017 RECAP
58

JOINT STATEMENT of counsel on Mediation. (Thompson, Joel) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
59

NOTICE of Withdrawal of Appearance by Thomas Vincent DiGangi (DiGangi, Thomas) (Entered: 01/18/2017)

Jan. 18, 2017 PACER
60

Joint MOTION for Extension of Time to July 31, 2017 to Complete fact discovery by Thomas Turco.(Benedon, Carrie) Modified on 4/27/2017 (Caruso, Stephanie). (Entered: 04/19/2017)

April 19, 2017 PACER
61

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting in part and denying in part 60 Motion for Extension of Time to Complete Discovery "Joint motion allowed, in part, and denied, in part; the extended deadlines are approved as requested except that the jury trial, if necessary will commence on Mon., April 30, 2018 at 9:00 A.M.. There will be no further extensions of time." (Caruso, Stephanie) (Entered: 04/27/2017)

April 27, 2017 PACER
62

Set/Reset Scheduling Order Deadlines: Completion of fact discovery, including responses to written Discovery to be completed by 7/31/2017; Plaintiffs experts designated and Rule 26 reports produced by 9/28/2017; Defendants experts designated and Rule 26 reports produced by 10/30/2017; Expert rebuttals produced by 11/29/2017; Dispositive motions due by 1/5/2018; Oppositions to dispositive motions due by 2/6/2018; Final Pretrial Conference set for 4/23/2018 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton; Jury Trial set for 4/30/2018 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton (Caruso, Stephanie) Modified on 4/28/2017 (Caruso, Stephanie). (Entered: 04/27/2017)

April 27, 2017 PACER
63

Notice of correction to docket made by Court staff. Correction: Docket Entry 62 corrected because: Status Report deadline of 1/17/17 has been satisfied and removed from the deadlines. (Caruso, Stephanie) (Entered: 04/28/2017)

April 28, 2017 PACER
64

MOTION to Compel Production of Documents and to Extend Discovery Deadline by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten.(Thompson, Joel) (Entered: 07/10/2017)

July 10, 2017 PACER
65

MEMORANDUM in Support re 64 MOTION to Compel Production of Documents and to Extend Discovery Deadline filed by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Attachments: # 1 Exhibit)(Thompson, Joel) (Entered: 07/10/2017)

1 Exhibit

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July 10, 2017 PACER
66

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Donald L. Cabell Referred for: Events Only (e). Motions referred: 64 MOTION to Compel Production of Documents and to Extend Discovery Deadline. (Caruso, Stephanie) Motions referred to Donald L. Cabell. (Entered: 07/11/2017)

July 11, 2017 PACER
67

ELECTRONIC NOTICE of Hearing. Telephone Conference re: 64 MOTION to Compel Production of Documents and to Extend Discovery Deadline set for 7/24/2017 10:30 AM in Courtroom 23 before Magistrate Judge Donald L. Cabell. Participating counsel should call into 888-278-0296; Access Code: 6533617 at least 5 minutes before the hearing. (Russo, Noreen) (Entered: 07/18/2017)

July 18, 2017 PACER
68

ELECTRONIC NOTICE OF RESCHEDULING: Telephone Conference re: 64 MOTION to Compel Production of Documents and to Extend Discovery Deadline reset for 7/25/2017 at 03:00 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. Participating counsel should call into 888-278-0296; Access Code: 6533617 at least 5 minutes before the hearing. (Russo, Noreen) (Entered: 07/19/2017)

July 19, 2017 PACER
69

Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Telephone Conference held on 7/25/2017. The parties contacted the court re 64 and indicated that a telephone conference may be helpful to resolve the motion. After hearing from the parties: MPCH will make efforts to comply and produce documents within thirty days. Any third party discovery will have to be sought by Rule 17 subpoenas or otherwise sought with those third parties. The parties believe that all discovery including depositions can be completed by the end of September and the court will extend the discovery deadline to September 30, 2017. In light of this plan counsel indicates the motion is moot. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Carpenter, Thompson, Benedon, Hansen)(Russo, Noreen) (Entered: 07/25/2017)

July 25, 2017 PACER
70

Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered denying as moot 64 Motion to Compel. The plaintiff's motion to compel production of documents is denied as moot. As agreed during the telephone court hearing on this day, the defendant Massachusetts Partnership for Correctional Healthcare shall make every effort to produce the requested materials within 30 days of this order. With respect to any materials that may be in the possession of third parties, the plaintiff understands that the materials will need to be sought directly from those entities. To effect the foregoing and allow the parties sufficient time to review and make use of the materials, discovery will be extended incorporate the materials. The discovery deadline is further extended to the end of September, 2017. (Russo, Noreen) (Entered: 07/25/2017)

July 25, 2017 PACER
71

Case no longer referred to Magistrate Judge Donald L. Cabell. (Russo, Noreen) (Entered: 07/25/2017)

July 25, 2017 PACER
72

ELECTRONIC NOTICE of Hearing. Telephone Conference re docket no. 69 set for 10/12/2017 03:00 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. Counsel may participate by phone and should call into 888-278-0296; Access Code: 6533617 at least 5 minutes before the hearing.(Russo, Noreen) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
73

Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Telephone Conference held on 10/12/2017. The court convened the hearing upon request of Att. Thompson indicating there has been some delay with regard to discovery. Counsel for MPCH indicate that the production is a complicated process which has taken more time than expected but they are working diligently and expect to have it completed by 10/20 - having previously been expected by August 31. As a result, the scheduling deadlines are getting tight and may need to be extended a bit. Magistrate Judge Cabell asks the parties to confer and to file a motion directed to Judge Gorton concerning the requested scheduling issues. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Thompson (by phone), Flanagan and Carpenter (in person), Hansen (by phone)) (Russo, Noreen) (Entered: 10/12/2017)

Oct. 12, 2017 PACER
74

NOTICE of Appearance by Timothy D. Hartnett on behalf of Thomas Turco (Hartnett, Timothy) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
75

Joint MOTION to Continue Trial, Joint MOTION to Amend Scheduling Order Deadlines ( Responses due by 11/3/2017) by Massachusetts Partnership for Correctional Healthcare LLC.(Carpenter, Curtis) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
76

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 75 Motion to Extend Deadlines and Continue Trial. Bench Trial set for 5/21/2018 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 11/22/2017)

Nov. 21, 2017 PACER
77

Set/Reset Deadlines: Document production completed by 10/20/17; fact Discovery to be completed by 12/8/2017; Plaintiffs' experts disclosed and Rule 26 Reports exchanged by 12/22/17; Defendants' experts disclosed and Rule 26 Reports exchanged by 1/19/18; rebuttal expert reports exchanged by 2/2/18; dispositive Motions due by 2/16/2018, oppositions due by 3/16/18. Rule 26 Meeting Report due by 1/19/2018.(Lima, Christine) (Entered: 11/22/2017)

Nov. 22, 2017 PACER
78

ELECTRONIC NOTICE OF RESCHEDULING Final Pretrial Conference set for 5/9/2018 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 11/29/2017)

Nov. 29, 2017 PACER
79

Joint MOTION to Stay by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten.(Thompson, Joel) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
80

Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 79 Motion to Stay. "Motion allowed with the caveat that if the case is not reported settled on or before January 31, 2018, all previously set deadlines will be continued for 90 days and the final pretrial conference will be held on Thursday, August 9, 2018 at 3:00 PM." (Lima, Christine) (Entered: 12/11/2017)

Dec. 8, 2017 PACER
81

STATUS REPORT by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Thompson, Joel) (Entered: 12/23/2017)

Dec. 23, 2017 PACER
82

STATUS REPORT (Joint) by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Thompson, Joel) (Entered: 01/31/2018)

Jan. 31, 2018 PACER
83

Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. Parties are directed to file a status report by February 10, 2018. (Franklin, Yvonne) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
84

Set/Reset Deadlines: Status Report due by 2/10/2018 (Lima, Christine) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
85

Letter/request for public records (non-motion) from Steven Morello. (Franklin, Yvonne) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
86

NOTICE of Withdrawal of Appearance by Curtis L.S. Carpenter (Carpenter, Curtis) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
87

STATUS REPORT CONCERNING SETTLEMENT by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Thompson, Joel) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
88

Set/Reset Deadlines: Status Report due by 3/12/2018 (Lima, Christine) (Entered: 02/12/2018)

Feb. 12, 2018 PACER
89

NOTICE of Appearance by Tory A. Weigand on behalf of Massachusetts Partnership for Correctional Healthcare LLC (Weigand, Tory) (Entered: 02/15/2018)

Feb. 15, 2018 PACER
90

Joint MOTION for Settlement Approval by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Attachments: # 1 Settlement Agreement, # 2 HCV Clinical Guidance, # 3 Proposed Notice to Class)(Thompson, Joel) (Entered: 03/09/2018)

1 Settlement Agreement

View on PACER

2 HCV Clinical Guidance

View on PACER

3 Proposed Notice to Class

View on PACER

March 9, 2018 PACER
91

MEMORANDUM in Support re 90 Joint MOTION for Settlement Approval filed by Michael Fitzpatrick, Jeffrey Fowler, Michael Turner, Paul R. Whooten. (Attachments: # 1 Affidavit of Joel H. Thompson)(Thompson, Joel) (Entered: 03/09/2018)

1 Affidavit of Joel H. Thompson

View on PACER

March 9, 2018 RECAP
92

ELECTRONIC NOTICE issued requesting courtesy copy for 91 Memorandum in Support of Motion, 90 Joint MOTION for Settlement Approval. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) (Entered: 03/12/2018)

March 12, 2018 PACER
93

NOTICE:Courtesy copy received 3/15/18 Re: D.E. #90 & #91. (Franklin, Yvonne) (Entered: 03/16/2018)

March 15, 2018 PACER
94

Judge Nathaniel M. Gorton: ELECTRONIC ENDORSED ORDER entered Joint Motion Allowed 90 Motion for Settlement. (Franklin, Yvonne) (Paine, Matthew). (Entered: 03/20/2018)

March 20, 2018 PACER
95

Letter/request (non-motion) from Arthur Saccoach regarding Class Action Suit. (Franklin, Yvonne) (Entered: 04/06/2018)

April 6, 2018 PACER
96

Letter/request (non-motion) Opposing the Proposed Class Action Suit from Thomas Young. (Franklin, Yvonne) (Entered: 04/06/2018)

April 6, 2018 PACER
97

Letter/request(non/motion) Objection to Class Action Suit from Marcos Soto. (Franklin, Yvonne) (Entered: 04/06/2018)

April 6, 2018 PACER
98

Letter/request (non-motion) from Schuyler Gibson. Request to become a class member. (Franklin, Yvonne) (Entered: 04/09/2018)

April 9, 2018 PACER
99

Objection to the Proposed Class Action Suit, from Ramadan Shabazz. (Lima, Christine) (Entered: 04/17/2018)

April 16, 2018 PACER
100

Objection to the Proposed Class Action Suit, filed by MacArthur Denson. (Lima, Christine) (Entered: 04/17/2018)

April 16, 2018 PACER

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 10, 2015

Closing Date: 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates of the Massachusetts Department of Corrections with Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Massachusetts Partnership for Correctional Healthcare LLC (Worcester, Worcester), Private Entity/Person

Massachusetts Department of Correction , State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $271,500

Order Duration: 2018 - 2020

Content of Injunction:

Monitor/Master

Issues

General:

Conditions of confinement

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run