Case: Graham v. Parker

Atkins v. Parker

Atkins v. Parker

U. S. Court of Appeals for the Sixth Circuit

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

COMPLAINT filed by Charles Graham & Russell L. Davis against Tony C. Parker, et al. (Filing fee $400, Receipt number 0650-2249245). (Attachments: # 1 Exhibit A-Dept of Corrections protocol re testing/treating Hepatitus C dated 1/1/16, # 2 Exhibit B-Schofield 3-9-16 letter to TN House Finance, Ways and Means Committee, # 3 Exhibit C-TN Dept of Corrections Hepatitus C Management Guidance dated 5-20-16, # 4 Attachment Civil Cover Sheet)(af) (Entered: 07/25/2016)

1 Exhibit A-Dept of Corrections protocol re testing/treating Hepatitus C dated 1/1

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2 Exhibit B-Schofield 3-9-16 letter to TN House Finance, Ways and Means Committee

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3 Exhibit C-TN Dept of Corrections Hepatitus C Management Guidance dated 5-20-16

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4 Attachment Civil Cover Sheet

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Summons issued as to Marina Cadreche, Tony C. Parker, Kenneth Williams. Summons fwd to Intake Dept. for pick up by counsel. (hb) (Entered: 07/26/2016)

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (hb) (Entered: 07/26/2016)

NOTICE of Initial Case Management Conference set for 9/22/2016 at 10:30 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (hb) (Entered: 07/26/2016)

ORDER OF RECUSAL. Magistrate Judge E. Clifton Knowles recused. Case reassigned to Magistrate Judge Joe Brown for all further proceedings. Signed by Magistrate Judge E. Clifton Knowles on 7/26/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 07/26/2016)

Docket Annotation

TN BAR STATUS for Attys. Karla M. Campbell, Thomas H. Castelli, and Elizabeth S. Logsdon verified as active. (hb)

NOTICE of Initial Case Management Conference RESET for 9/22/2016 at 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. (hb) (Entered: 07/28/2016)

Letter from William J. Ferris, Inmate at Trousdale Turner Correctional Facility, Registration Inmate #348288, requesting copy of complaint. (af) (Entered: 08/03/2016)

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by District Judge Waverly D. Crenshaw, Jr on 8/3/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 08/03/2016)

SUMMONS returned executed by Russell L. Davis, Charles Graham. Marina Cadreche served on 8/22/2016; Tony C. Parker served on 8/22/2016; Kenneth Williams served on 8/22/2016. (Campbell, Karla) (Entered: 08/22/2016)

MOTION to Continue by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 08/31/2016)

NOTICE of Appearance by Madeline B. Brough on behalf of Marina Cadreche, Tony C. Parker, Kenneth Williams (Brough, Madeline) (Entered: 09/01/2016)

ORDER: Pending in this matter is Defendants' motion to continue the initial case management conference (Docket Entry 10 ) presently set for 10:30 a.m. on Thursday, September 22, 2016. The motion is GRANTED, and the Initial Case Management Conference is reset for 10:00 a.m. on Thursday, October 27, 2016. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 9/1/2016. (hb) (Entered: 09/01/2016)

ANSWER to 1 Complaint, by Marina Cadreche, Tony C. Parker, Kenneth Williams.(Lorch, Pamela) (Entered: 09/12/2016)

MOTION to Certify Class by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment Proposed Order)(Campbell, Karla) (Entered: 09/16/2016)

1 Attachment Proposed Order

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MEMORANDUM in Support of 14 MOTION to Certify Class filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 09/16/2016)

DECLARATION of Thomas H. Castelli filed by Russell L. Davis, Charles Graham re: 14 MOTION to Certify Class . (Campbell, Karla) (Entered: 09/16/2016)

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Certify Class by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 09/28/2016)

ORDER The defendant has requested an extension of time to respond (Docket Entry 17). Counsel should comply with local rules and in the case caption include the names of the judges assigned to the case and if there is a jury demand. On motions for extension of time counsel should state if the opposing party(s) have been consulted and whether they agree or not. The Plaintiff will advise the court if they oppose this motion by October 3, 2017. Absent objection by that date the motion will be granted. (Brown, Joe) (Entered: 09/28/2016)

ORDER granting 17 Motion for Extension of Time to File Response to 14 MOTION to Certify Class . Signed by Magistrate Judge Joe Brown on 10/3/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/04/2016)

RESPONSE in Opposition re 14 MOTION to Certify Class filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Attachments: # 1 Attachment Affidavit of Dr. Williams)(Lorch, Pamela) (Entered: 10/11/2016)

1 Attachment Affidavit of Dr. Williams

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PROPOSED CASE MANAGEMENT ORDER filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 10/24/2016)

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 10/27/2016. ICMO to enter. (Digital Audio: 27oct2016) (rd)

Case Management Conference

CASE MANAGEMENT ORDER: Amended Pleadings due by 4/10/2017. Discovery due by 7/21/2017. Dispositive Motions due by 12/29/2017. Telephone Conference set for 2/23/2017 10:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 10/28/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 10/28/2016)

ORDER: Bench Trial set for 6/19/2018 09:00 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 6/4/2018 10:30 AM in Courtroom A859 before District Judge Waverly D. Crenshaw Jr. Exhibit List due by 5/25/2018. Witness List due by 5/25/2018. Joint Proposed Pretrial Order due by 5/25/2018. Signed by District Judge Waverly D. Crenshaw, Jr on 11/4/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 11/04/2016)

REPLY to Response to Motion re 14 MOTION to Certify Class filed by Russell L. Davis, Charles Graham. (Attachments: # 1 Exhibit Declaration of Dr. Michael S. Saag, M.D., # 2 Attachment Johannes v. Washington, 2015 WL 5634446 (E.D. Mich.), # 3 Attachment Turner v. Grant Cty. Det. Ctr., 2008 WL 821895 (E.D. Ky), # 4 Attachment Dowdy-El v. Caruso, 2012 WL 6642793 (E.D. Mich.), # 5 Attachment Dowdy-El v. Caruso, 2012 WL 6642763 (E.D. Mich.), # 6 Attachment Flynn v. Doyle, 2007 WL 805788 (E.D. Wis.))(Castelli, Thomas) (Entered: 11/30/2016)

1 Exhibit Declaration of Dr. Michael S. Saag, M.D.

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2 Attachment Johannes v. Washington, 2015 WL 5634446 (E.D. Mich.)

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3 Attachment Turner v. Grant Cty. Det. Ctr., 2008 WL 821895 (E.D. Ky)

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4 Attachment Dowdy-El v. Caruso, 2012 WL 6642793 (E.D. Mich.)

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5 Attachment Dowdy-El v. Caruso , 2012 WL 6642763 (E.D. Mich.)

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6 Attachment Flynn v. Doyle, 2007 WL 805788 (E.D. Wis.)

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Letter to the Court requesting copy of docket sheet from Michael B. Lester. Docket sheet mailed to Mr. Lester. (hb) (Entered: 12/20/2016)

MOTION for Extension of Time to Complete Discovery by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 01/31/2017)

ORDER granting 26 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Joe Brown on 1/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 01/31/2017)

Telephone Conference

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 2/23/2017. Order to enter. (rd)

ORDER: A telephone conference was held with the parties in this matter on February 23, 2017. The parties have been discussing ADR and the possibility of resolving this case. They have advised that in order to undertake complete resolution of this case they need to know whether this matter will be a class action or not. A motion to certify the class (Docket Entry 14) is presently pending. Signed by Magistrate Judge Joe Brown on 2/27/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 02/28/2017)

Letter requesting copy of docket sheet from Mark Owen White. Copy of docket sheet mailed. (hb) (Entered: 03/21/2017)

Letter from Michael B. Lester requesting copy of docket sheet. Copy of docket sheet mailed. (hb) (Entered: 04/04/2017)

MOTION for Leave to Extension of time to file motion to decertify class by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 04/28/2017)

MEMORANDUM signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

ORDER: Pending before the Court is Plaintiffs' Motion for Class Certification (Doc. No. 14 ). For the reasons stated in the accompanying Memorandum, Plaintiffs' Motion is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

ORDER: Presently pending is the Defendants' motion for additional time to file a motion to decertify the class (Docket Entry 31 ). The motion is GRANTED. Plaintiff filed a motion to certify the class (Docket Entry 14) on September 16, 2016. That motion is fully briefed, but has not yet been decided by the District Judge. The scheduling order (Docket Entry 22 ) provided in paragraph G that the Defendants' motion to decertify the class should be filed on or before April 28, 2017. In the event a class is certified, the Defendants may have 60 days after such an order to move to decertify the class, or until December 29, 2017, whichever is earlier. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 5/4/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 05/04/2017)

Joint MOTION for Extension of Time to Complete Discovery and extend scheduling order deadlines and trial date by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 06/09/2017)

ORDER granting 35 Motion for Extension of Time to Complete Discovery. The parties have stated they are discussing ADR. They are encouraged to continue those efforts and to request assistance from the court if they belief it would be of any assistance. DISCOVERY: The parties shall complete all written discovery and depositions of all fact witnesses on or before January 22, 2018. DISCLOSURE OF EXPERTS: Plaintiffs shall identify and disclose all expert witnesses and expert reports on or before February 19, 2018. The defendants shall identify and disclose all expert witnesses and reports on or before March 19, 2018. Plaintiffs shall identify and disclose all rebuttal expert witnesses and rebuttal reports on or before April 6, 2018. DEPOSITIONS OF EXPERT WITNESSES: All experts shall be deposed by no later than April 27, 2018. DISPOSITIVE MOTIONS: Dispositive motions shall be filed by no later than June 29, 2018. Responses will be due 28 days after any such motions and replies limited to 10 pages will be due 14 days after responses. TRIAL DATE: The trial and final pretrial dates (Socket Entry 23) are cancelled and the Magistrate Judges recommends a new trial date be reset on or after 4 December 2018. (JBB) Modified on 6/16/2017 (dt). (Entered: 06/15/2017)

NOTICE of Appearance by Steven Ashley Hart on behalf of All Defendants (Hart, Steven) (Entered: 06/19/2017)

NOTICE of Appearance by James R. Newsom, III on behalf of Marina Cadreche, Tony C. Parker, Kenneth Williams (Newsom, James) (Entered: 06/20/2017)

TN State Bar status verified as active for James R. Newsom, III. (dt)

TN State Bar status verified as active for Steven Ashley Hart. (dt)

Annotation - Bar Status

**VACATED PER ORDER 137 ** ORDER: Bench Trial set for 12/4/2018 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 11/19/2018 at 10:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/28/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/1/2018 (dt). (Entered: 06/29/2017)

MOTION TO BE INCLUDED IN CLASS ACTION LAWSUIT by Calvin Landers. (am) (Entered: 07/12/2017)

ORDER of USCA: The defendants' petition for leave to appeal is DENIED. (No Mandate to Issue.)(dt) (Entered: 08/10/2017)

ORDER: Motion from Calvin Landers to be included in this class action lawsuit 40 is Denied at this point as moot. The Clerk will include with the mailing of this order a copy of Judge Crenshaw's order 33 . Signed by Magistrate Judge Joe Brown on 8/24/17. (xc:Pro se party by regular mail w/ copy of Order 33 .) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 08/24/2017)

MOTION to Intervene by Omowale Ashanti Shabazz. (Attachments: # 1 Attachment - Proposed Verified Complaint)(dt) (Entered: 01/26/2018)

1 Attachment - Proposed Verified Complaint

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ORDER: The Plaintiff Omowale Ashanti Shabazz has filed a motion to intervene (Docket Entry 43 ). He has attached to his motion a complete complaint. This motion is DENIED at this point as moot. Signed by Magistrate Judge Joe Brown on 1/29/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/29/2018)

MOTION to Alter or Amend Judgment by Omowale Ashanti Shabazz. (dt) (Entered: 02/06/2018)

MOTION to Compel Discovery Responses by Russell L. Davis, Charles Graham. (Attachments: # 1 Exhibit First Requests for Production/Responses, # 2 Exhibit Second Requests for Production/Responses, # 3 Exhibit Williams Interrogatories/Responses, # 4 Exhibit Parker Interrogatories/Responses, # 5 Exhibit Third Requests for Production/Responses, # 6 Exhibit Williams Deposition Excerpts, # 7 Exhibit First Meet and Confer Ltr, # 8 Exhibit Second Meet and Confer Ltr, # 9 Exhibit Johnson Deposition Excerpts, # 10 Exhibit Wiley Deposition Excerpts)(Campbell, Karla) (Entered: 02/06/2018)

1 Exhibit First Requests for Production/Responses

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2 Exhibit Second Requests for Production/Responses

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3 Exhibit Williams Interrogatories/Responses

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4 Exhibit Parker Interrogatories/Responses

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5 Exhibit Third Requests for Production/Responses

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6 Exhibit Williams Deposition Excerpts

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7 Exhibit First Meet and Confer Ltr

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8 Exhibit Second Meet and Confer Ltr

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9 Exhibit Johnson Deposition Excerpts

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10 Exhibit Wiley Deposition Excerpts

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MEMORANDUM in Support of 46 MOTION to Compel Discovery Responses filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 02/06/2018)

ORDER: Omowale Ashanti Shabazz (Plaintiff) had previously filed a motion to intervene, which was denied as moot (Docket Entry 43). He has now filed a motion to alter or amend judgment (Docket Entry 45). If Plaintiff wishes to appeal the Magistrate Judge's order finding his motion moot he should follow the procedures set out in Federal Rule of Civil Procedure 72 and Local Rule 72.02 or 72.03. The motion, to the extent he has intended to file this as a motion to reconsider, is DENIED. Chief Judge Crenshaw has previously defined the class in this case (Docket Entry 33). The Clerk will send the Plaintiff a copy of that order. Signed by Magistrate Judge Joe Brown on 2/7/18. (xc:Pro se party by regular mail w/ Order DE#33) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 2/8/2018 (dt). (Entered: 02/07/2018)

NOTICE of Appearance by Callie Kate Barker Jennings on behalf of Russell L. Davis, Charles Graham (Jennings, Callie) (Entered: 02/07/2018)

Joint MOTION to Amend Scheduling Order re: 36 Order by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment proposed Order)(Campbell, Karla) Modified on 2/8/2018 (dt). (Entered: 02/07/2018)

1 Attachment proposed Order

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ORDER: The Motion to Compel 46 is therefore DENIED, pending a telephone call with the Magistrate Judge in which the parties will set out the specific requests in question, the responses, and the Plaintiffs' statements as to why the responses are inadequate. Signed by Magistrate Judge Joe Brown on 2/8/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 02/08/2018)

ORDER: The parties have filed a joint motion to amend the scheduling order (Docket Entry 50 ). Since at this point the motion does not affect the bench trial set for December 4, 2018 (Docket Entry 39 ) the motion is GRANTED. Signed by Magistrate Judge Joe Brown on 2/8/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 02/08/2018)

Annotation - Bar Status

TN State Bar status verified as active for Callie Kate Barker Jennings. (dt)

Letter from Michael Vaughan requesting docket sheet. (Docket sheet sent to Mr. Vaughan by regular mail.) (dt) (Entered: 02/13/2018)

Joint MOTION for Protective Order (s) by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment proposed Order, # 2 Attachment proposed Order)(Campbell, Karla) (Entered: 03/09/2018)

1 Attachment proposed Order

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2 Attachment proposed Order

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Letter from Calvin Landers. (Docket Sheet sent to Mr. Landers by regular mail.) (dt) (Entered: 03/13/2018)

PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 3/14/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2018)

HIPPAA QUALIFIED PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 3/14/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2018)

ORDER: Telephone Conference set for 5/2/2018 at 3:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 5/1/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/01/2018)

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 5/2/2018. Order to enter. (Time in Court: 30 minutes) (rd)

Telephone Conference

ORDER: A telephone conference was held with the parties on May 2, 2018, to discuss some discovery issues. As an initial matter, the times for taking expert depositions is extended until May 31, 2018. This extension will not affect subsequent deadlines. Signed by Magistrate Judge Joe Brown on 5/7/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/07/2018)

MOTION to Amend My Section of Class Action Suit by William D. Hamby, Jr. (dt) (Entered: 06/01/2018)

ORDER denying 60 Motion to Amend/Correct complaint. The plaintiff to the extent he is a member of the class may not file pleadings to modify the complaint as the individual plaintiff Graham and the class are represented by attorneys. Plaintiff may represent himself is a case where he is an individual plaintiff. If a proposed resolution is reached in the case he may file objections if he is a member of the class. If he wishes to sue individuallly he will need to sue in a separate case and opt out of the class. Any thing he files with the court must leave a one inch margin on all sides. (JBB) (xc: Pro se party by regular mail.) Modified on 6/4/2018 (dt). (Entered: 06/02/2018)

MOTION to Exclude Opinions and Testimony by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/15/2018)

MEMORANDUM in Support of 62 MOTION to Exclude Opinions and Testimony filed by Russell L. Davis, Charles Graham . (Attachments: # 1 Attachment deposition transcript excerpts)(Campbell, Karla) (Entered: 06/15/2018)

1 Attachment deposition transcript excerpts

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Letter from William Hamby, Jr. re: medical issues. (dt) Modified on 6/25/2018 (dt). (Entered: 06/18/2018)

MOTION to Amend 1 Complaint, by William D. Hamby, Jr. (dt) (Entered: 06/18/2018)

ORDER denying 65 Motion to Amend complaint. For the reasons previously stated in the courts order (Docket Entry 61) the plaintiff may not file pleadings on his own while he is a member of a class action. If he wants to sue on his own then he needs to file a separate lawsuit. Plaintiff needs to leave a one inch margin on anything he files with the court. This is critical at the bottom as the courts filing system prints information in the bottom inch and anything the plaintiff writes there will be overprinted and may not be readable. Counsel for the class should consider if any action should be taken in the case in light of the plaintiffs letter about his medical condition. (JBB) Modified on 6/18/2018 (dt). (Entered: 06/18/2018)

DECLARATION of Kenneth L. Williams, M.D., Ph.D. filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Lorch, Pamela) (Entered: 06/25/2018)

MOTION for Sanctions Under Rule 37(B)(2) by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/26/2018)

MEMORANDUM in Support of 68 MOTION for Sanctions Under Rule 37(B)(2) filed by Russell L. Davis, Charles Graham . (Attachments: # 1 Exhibit A - minutes, # 2 Exhibit B - declaration)(Campbell, Karla) (Entered: 06/26/2018)

1 Exhibit A - minutes

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2 Exhibit B - declaration

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ORDER: In order to get a handle on whether any sanctions are appropriate and if so what, given the short deadline for dispositive motions, a hearing is set in this matter in Courtroom 783, on Monday, July 2, 2018, at 1:30 p.m. Given the nebulous affidavit of Dr. Williams, Dr. Williams should attend or if he is unavailable someone in his place who can specifically testify about when they met and whether minutes for the meetings have been produced or cannot be produced. Signed by Magistrate Judge Joe Brown on 6/28/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/28/2018)

NOTICE of Appearance by Anthony A. Orlandi on behalf of Russell L. Davis, Charles Graham (Orlandi, Anthony) (Entered: 06/29/2018)

RESPONSE in Opposition re 62 MOTION to Exclude Opinions and Testimony filed by Marina Cadreche, Tony C. Parker, Kenneth Williams. (Attachments: # 1 Exhibit Exhibit A Gerrity Report, # 2 Attachment Gerrity Report Exhibit A, # 3 Attachment Gerrity Report Exhibit B Metavir Score and Clinical Outcomes, # 4 Attachment Gerrity Report Exhibit C Treating at F2 vs F3, # 5 Attachment Gerrity Report Exhibit D Non-Invasive Tests, # 6 Attachment Gerrity Report Exhibit E AASLD Guidance Update, # 7 Attachment Gerrity Report Exhibit G Yudkin Idolatry of the Surrogate, # 8 Exhibit Exhibit B Plaintiffs' Expert Disclosures, # 9 Exhibit Exhibit C Yao Report, # 10 Exhibit Exhibit D Excerpt from AASLD/IDSN Guideline, # 11 Exhibit Exhibit E Excerpt from Deposition of Dr. Yao, # 12 Exhibit Exhibit F Excerpt from Dr. Gerrity Deposition)(Lorch, Pamela) (Entered: 06/29/2018)

1 Exhibit Exhibit A Gerrity Report

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2 Attachment Gerrity Report Exhibit A

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3 Attachment Gerrity Report Exhibit B Metavir Score and Clinical Outcomes

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4 Attachment Gerrity Report Exhibit C Treating at F2 vs F3

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5 Attachment Gerrity Report Exhibit D Non-Invasive Tests

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6 Attachment Gerrity Report Exhibit E AASLD Guidance Update

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7 Attachment Gerrity Report Exhibit G Yudkin Idolatry of the Surrogate

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8 Exhibit Exhibit B Plaintiffs' Expert Disclosures

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9 Exhibit Exhibit C Yao Report

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10 Exhibit Exhibit D Excerpt from AASLD/IDSN Guideline

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11 Exhibit Exhibit E Excerpt from Deposition of Dr. Yao

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12 Exhibit Exhibit F Excerpt from Dr. Gerrity Deposition

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SUPPLEMENT filed by Russell L. Davis, Charles Graham re 68 Motion for Sanctions. (Attachments: # 1 Exhibit C - email)(Campbell, Karla) (Entered: 06/29/2018)

1 Exhibit C - email

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MOTION for Leave to File Document Under Seal pursuant to Protective Order by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

Sealed Document Exhibit(s) 7-11 filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

Sealed Document Exhibit 12 filed by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

MOTION for Summary Judgment by Russell L. Davis, Charles Graham. (Campbell, Karla) (Entered: 06/29/2018)

MEMORANDUM in Support of 77 MOTION for Summary Judgment filed by Russell L. Davis, Charles Graham . (Campbell, Karla) (Entered: 06/29/2018)

DECLARATION of Karla M. Campbell filed by Russell L. Davis, Charles Graham re: 77 MOTION for Summary Judgment . (Campbell, Karla) (Entered: 06/29/2018)

STATEMENT of facts filed by Russell L. Davis, Charles Graham in support of 77 Motion for Summary Judgment. (Attachments: # 1 Exhibit Koretz Declaration, # 2 Exhibit Gerrity Deposition, # 3 Exhibit Williams Deposition, # 4 Exhibit Koretz Deposition, # 5 Exhibit Ivens Deposition, # 6 Exhibit Johnson Deposition)(Campbell, Karla) (Entered: 06/29/2018)

1 Exhibit Koretz Declaration

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2 Exhibit Gerrity Deposition

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3 Exhibit Williams Deposition

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4 Exhibit Koretz Deposition

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5 Exhibit Ivens Deposition

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6 Exhibit Johnson Deposition

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Letter from William Hamby, Jr., re: prison conditions. (dt) (Entered: 07/02/2018)

ORDER: Mr. Hamby continues to file letters and other pleadings in this case that have nothing to do with the merits of the litigation filed by the original Plaintiff in this matter. If Mr. Hamby wishes to file a lawsuit against the correctional officer, he will need to exhaust his administrative remedies and file his own separate lawsuit. As the Court has already pointed out, to the extent he is a member of the class he is represented by attorneys. To the extent he is out of the class, he will be responsible for filing his own lawsuit about Hepatitis C. Signed by Magistrate Judge Joe Brown on 7/2/18. (xc: Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 07/02/2018)

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Hearing held on Plaintiffs' Motion for Sanctions Under Rule 37(B)(2) (Docket Entry 68 ); Witness/Exhibit List attached; Proposed Agreed Order to be submitted to the Court for consideration by Monday, July 9, 2018. (Recording #2jul2018.) (dt) (Entered: 07/02/2018)

Annotation - Bar Status

TN State Bar status verified as active for Anthony A. Orlandi. (dt)

MOTION to Substitute Attorney Elizabeth Logsdon by Russell L. Davis, Charles Graham. (Attachments: # 1 Attachment Declaration of Elizabeth Logsdon, # 2 Attachment Declaration of Stacie Price, # 3 Attachment Declaration of Sherry Wilds, # 4 Attachment Letter to Charles Graham, # 5 Attachment Letter to Russell Davis)(Logsdon, Elizabeth) (Entered: 07/03/2018)

1 Attachment Declaration of Elizabeth Logsdon

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2 Attachment Declaration of Stacie Price

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3 Attachment Declaration of Sherry Wilds

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4 Attachment Letter to Charles Graham

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5 Attachment Letter to Russell Davis

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ORDER: Plaintiffs' Motion to Exclude Opinions and Testimony (Doc. No. 68) is REFERRED to the Magistrate Judge for a Report and Recommendation. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/5/2018. (xc:Pro se party by regular mail. ) (am) (Entered: 07/06/2018)