Case: Human Rights Defense Center v. Ballard

3:17-cv-00057 | U.S. District Court for the Eastern District of Kentucky

Filed Date: July 17, 2017

Closed Date: May 15, 2020

Clearinghouse coding complete

Case Summary

On July 17, 2017, the Human Rights Defense Center (HRDC) filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. HRDC sued both the former and current commissioner of the Kentucky Department of Corrections (KDOC), as well as many agents of the KDOC, all under 42 U.S.C. § 1983. HRDC, a charitable organization and publisher of Prison Legal News, sought declaratory, injunctive, and monetary relief as well as attorneys’ fees. The plaintiffs claimed that KDOC's policy of …

On July 17, 2017, the Human Rights Defense Center (HRDC) filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. HRDC sued both the former and current commissioner of the Kentucky Department of Corrections (KDOC), as well as many agents of the KDOC, all under 42 U.S.C. § 1983. HRDC, a charitable organization and publisher of Prison Legal News, sought declaratory, injunctive, and monetary relief as well as attorneys’ fees. The plaintiffs claimed that KDOC's policy of banning books sent to prisoners violated the free speech clause of the First Amendment and the due process clause of the Fourteenth Amendment. More specifically, HRDC alleged that KDOC prohibited prisoners from receiving books that were not directly purchased by prisoners and also prohibited them if the sender was not on a pre-approved vendors list. The complaint alleged that dozens of books sent to prisoners were censored, and that on several occasions, HRDC received notices indicating the books were rejected for a variety of reasons.

On March 6 and July 17, 2018, HRDC filed a first and second amended complaint adding several defendants but making few substantive changes to the allegations or claims.

After several months of discovery, the parties reached a settlement agreement and HRDC moved for the approval of this agreement on January 28, 2019. The defendants agreed to deliver all HRDC publications sent to people incarcerated in their facilities, so long as the publications were consistent with legitimate penological interests. The defendants also agreed not to reject books simply because they were not on a list of approved senders or for because they were mailed in colored envelopes. Judge Gregory F. Van Tatenhove issued an order on March 26, 2019 approving the settlement agreement of injunctive claims; retaining jurisdiction to enforce the terms of the settlement; and dismissing the injunctive claims against the defendants with prejudice.

On July 15, 2019, the parties filed a joint motion to dismiss the case. The court issued an order on July 17, 2019 asserting its retained jurisdiction over the execution of the settlement agreement and adjudication of attorneys' fees, costs, and expenses. It dismissed with prejudice all other claims for damages and declaratory relief.

After the defendants opposed the plaintiff's motion for attorneys' fees and costs by arguing that it was unreasonable, Judge Van Tatenhove reduced the award slightly but largely granted the plaintiff's counsel their full requested fees and costs. 2020 WL 2513822. The final amounts awarded were $102,660 in attorneys' fees, and $2,051.37 in costs. The case is now closed.

Summary Authors

Jake Parker (6/7/2018)

Alex Moody (3/25/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6237679/parties/human-rights-defense-center-v-ballard/


Judge(s)

Atkins, Edward B. (Kentucky)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Johnson, Bruce E.H. (Washington)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Attorneys(s) for Defendant

Brown, Allison R. (Kentucky)

Dunn, Barry L (Kentucky)

Judge(s)

Atkins, Edward B. (Kentucky)

Van Tatenhove, Gregory Frederick (Kentucky)

Attorneys(s) for Plaintiff

Bathurst, Camille (Kentucky)

Belzley, Gregory A. (Kentucky)

Johnson, Bruce E.H. (Washington)

Marshall, Daniel (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Attorneys(s) for Defendant

Brown, Allison R. (Kentucky)

Dunn, Barry L (Kentucky)

Kinsolving, Megan Handshoe (Kentucky)

Nolan, Brett Robert (Kentucky)

Documents in the Clearinghouse

Document

3:17-cv-00057

Docket [PACER]

May 15, 2020

May 15, 2020

Docket
1

3:17-cv-00057

Complaint

Human Rights Defense Center v. Ballard et. al.

July 17, 2017

July 17, 2017

Complaint
42

3:17-cv-00057

Second Amended Complaint for Declaratory and Injunctive Relief and Damages Under the Civil Rights Act, 42 U.S.C. § 1983

July 17, 2018

July 17, 2018

Complaint
50

3:17-cv-00057

Plaintiff's Motion to Approve Settlement of Injunctive Claims

Jan. 28, 2019

Jan. 28, 2019

Pleading / Motion / Brief
50-1

3:17-cv-00057

Settlement Agreement of Injunctive Claims

Jan. 28, 2019

Jan. 28, 2019

Settlement Agreement
51

3:17-cv-00057

Order

March 26, 2019

March 26, 2019

Order/Opinion
77

3:17-cv-00057

Memorandum Opinion & Order

2020 WL 2513822

May 15, 2020

May 15, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6237679/human-rights-defense-center-v-ballard/

Last updated Aug. 7, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. ยง 1983 ( Filing fee $400; receipt number 0643-3847240), filed by Human Rights Defense Center. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(CBD) (Entered: 07/17/2017)

1 Summons

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2 Civil Cover Sheet

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July 17, 2017

July 17, 2017

PACER

Conflict Check

July 17, 2017

July 17, 2017

PACER

Conflict Check run. (CBD)

July 17, 2017

July 17, 2017

PACER
3

Summons Issued as to all defendants.(CBD) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
4

ANSWER to 1 Complaint, with Jury Demand by Rodney Ballard, Jim Erwin, Debbie Kays, Chris Kleymeyer, Kimberly Potter-Blair, Ashley Short.(Brown, Allison) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
5

NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gregory Belzley. Complaint 1, has been filed by Human Rights Defense Center without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
6

FRCP 7.1 DISCLOSURE STATEMENT by Human Rights Defense Center. (Belzley, Gregory) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
7

MOTION for Bruce E. H. Johnson to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3874575) (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/21/2017)

1 Exhibit Certificates of Good Standing

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2 Proposed Order

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Aug. 21, 2017

Aug. 21, 2017

PACER

Add and Terminate Attorneys

Aug. 21, 2017

Aug. 21, 2017

PACER

Attorney Update. Attorney Bruce E. H. Johnson for Human Rights Defense Center added. (AKR)

Aug. 21, 2017

Aug. 21, 2017

PACER

BAR STATUS Check completed as to Bruce E. H. Johnson re 7 MOTION for Bruce E. H. Johnson to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3874575). (AKR)

Aug. 22, 2017

Aug. 22, 2017

PACER

Bar Status Check completed

Aug. 22, 2017

Aug. 22, 2017

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 MOTION for Bruce E. H. Johnson to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3874575). (AKR)

Aug. 22, 2017

Aug. 22, 2017

PACER

Motion Submitted

Aug. 22, 2017

Aug. 22, 2017

PACER
8

MOTION for Daniel Marshall to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875091) (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/22/2017)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
9

MOTION for Masimba Mutamba to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875097) (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/22/2017)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
10

MOTION for Sabarish Neelakanta to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875184) (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order)(Belzley, Gregory) (Entered: 08/22/2017)

1 Exhibit Certificate of Good Standing

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2 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER

BAR STATUS Check completed as to Sabarish Neelakanta, Masimba Mutamba, Daniel Marshall re 10 MOTION for Sabarish Neelakanta to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875184), 8 MOTION for Daniel Marshall to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875091), 9 MOTION for Masimba Mutamba to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875097). (AKR)

Aug. 23, 2017

Aug. 23, 2017

PACER

Bar Status Check completed

Aug. 23, 2017

Aug. 23, 2017

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 8 MOTION for Daniel Marshall to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875091), 9 MOTION for Masimba Mutamba to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875097), 10 MOTION for Sabarish Neelakanta to Appear Pro Hac Vice by Human Rights Defense Center ( Filing fee $125; receipt number 0643-3875184). (AKR)

Aug. 23, 2017

Aug. 23, 2017

PACER

Motion Submitted

Aug. 23, 2017

Aug. 23, 2017

PACER
11

ORDER: 1. The Plaintiff's Motions for Admission Pro Hac Vice [R. 7, 8, 9, 10] are GRANTED; and2. Sabarish Neelakanta, Masimba Mutamba, Daniel Marshall, and Bruce E. H. Johnson are admitted pro hac vice as counselors for the Plaintiff in the above-styled action. Signed by Judge Gregory F. VanTatenhove on 9/1/2017. (AKR)cc: COR, paper copy to Neelakanta, Mutamba, Marshall, & Johnson, with ECF Registration Form (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
12

ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. Signed by Judge Gregory F. Van Tatenhove on 10/12/2017. (Attachments: # 1 Consent Form)(CBD)cc: COR (Entered: 10/13/2017)

1 Consent Form

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Oct. 12, 2017

Oct. 12, 2017

PACER
13

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 13 Report of Rule 26(f) Planning Meeting (CBD)

Oct. 24, 2017

Oct. 24, 2017

PACER

File Submitted

Oct. 24, 2017

Oct. 24, 2017

PACER
14

SCHEDULING ORDER: Parties shall exchange the initial disclosures required by Rule 26(a)(1) by 11/15/2017. Discovery due by 5/1/2018. Amended Pleadings due by 1/2/2018. Motion to Join Additional Parties due by 1/2/2018. Dispositive and Daubert Motions due by 7/1/2018. FINAL PRETRIAL CONFERENCE set for 10/30/2018 at 11:00 AM in FRANKFORT, KY. Pretrial Filings due by 10/23/2018. JURY TRIAL set for 11/13/2018 at 10:00 AM in FRANKFORT, KY. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) this matter is referred to Magistrate Judge Edward B. Atkins. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the appropriate United States District Judge. Signed by Judge Gregory F. VanTatenhove on 10/27/2017.(CBD)cc: COR, D (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
15

MOTION for Extension of Time by Rodney Ballard, Jim Erwin, Jim Erwin, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Kimberly Potter-Blair, Kimberly Potter-Blair, Ashley Short, Ashley Short Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Brown, Allison) (Entered: 12/18/2017)

1 Proposed Order

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Dec. 18, 2017

Dec. 18, 2017

PACER
16

RESPONSE to Motion re 15 MOTION for Extension of Time by Rodney Ballard, Jim Erwin, Jim Erwin, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Kimberly Potter-Blair, Kimberly Potter-Blair, Ashley Short, Ashley Short filed by Human Rights Defense Center. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 12/19/2017)

1 Proposed Order

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Dec. 19, 2017

Dec. 19, 2017

PACER
17

ORDER: 1. Defendants shall respond to Plaintiff's discovery requests on or before January 16, 2018; and 2. Plaintiff shall have to and including February 2, 2018 to file any motions to join additional parties, and to amend pleadings. Signed by Magistrate Judge Edward B. Atkins on 12/19/2017.(AKR)cc: COR (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
18

MOTION to Compel by Human Rights Defense Center Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Email exchange, # 2 Proposed Order)(Belzley, Gregory) (Entered: 01/23/2018)

1 Exhibit Email exchange

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2 Proposed Order

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Jan. 23, 2018

Jan. 23, 2018

PACER
19

ORDER: that this matter shall come before this Court for a TELEPHONE CONFERENCE call to appear ON THE RECORD on Wednesday, 1/31/2018 at 10:00 AM. Counsel of parties' shall access the conference by calling AT & T Teleconferencing at 1-877-336-1839; as directed by this Order - SEE Order for completeness. Signed by Magistrate Judge Edward B. Atkins on 1/25/2018.(AKR)cc: COR, Pike diary (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
20

RESPONSE to Motion re 18 MOTION to Compel by Human Rights Defense Center filed by Rodney Ballard, Jim Erwin, Jim Erwin, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Kimberly Potter-Blair, Kimberly Potter-Blair, Ashley Short, Ashley Short. (Brown, Allison) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
21

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/31/2018, before Magistrate Judge Edward B. Atkins: Plaintiff's Motion to Compel, 18 is DENIED AS MOOT. (Court Reporter Audio File No. KYED-PIK__3-17-cv-57_20180131_095352.) Signed by Edward B. Atkins. (AKR)cc: COR (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
22

MOTION for Extension of Time by Human Rights Defense Center to Amend Complain and Join Additional Parties Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 01/31/2018)

1 Proposed Order

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Jan. 31, 2018

Jan. 31, 2018

PACER
23

ORDER: 1. Plas Motion for an Extension of Time to Amend Complaint and Join Additional Parties, (R. 22 ), is GRANTED; 2. Plas have until Monday, February 19, 2018, to amend its complaint and join additional parties; and 3. ALL OTHER DEADLINES AND PROVISIONS of court's scheduling orders, (R. 14 ; R. 17 ), remain in FULL FORCE AND EFFECT. Signed by Magistrate Judge Edward B. Atkins on 2/1/2018. (TDA) cc: COR (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER

Set/Reset Deadlines

Feb. 1, 2018

Feb. 1, 2018

PACER

Set Deadlines: Amended Complaint and Join Additional Parties by 2/19/2018, per Order #23. (TDA)

Feb. 1, 2018

Feb. 1, 2018

PACER
24

MOTION for Leave by Human Rights Defense Center TO FILE FIRST AMENDED COMPLAINT Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) (Entered: 02/20/2018)

1 Exhibit First Amended Complaint

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2 Proposed Order

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Feb. 20, 2018

Feb. 20, 2018

PACER
25

ORDER: that any responses or objections to the motion 24 should be filed on or before MONDAY, MARCH 5, 2018. Signed by Magistrate Judge Edward B. Atkins on 2/21/2018.(AKR)cc: COR (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER

Motion Submitted

March 6, 2018

March 6, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 24 MOTION for Leave by Human Rights Defense Center TO FILE FIRST AMENDED COMPLAINT. (AKR)

March 6, 2018

March 6, 2018

PACER
26

ORDER: that Human Rights Defense Fund Center's Motion for Leave to File an Amended Complaint 24 is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 3/6/2018. (AKR)cc: COR (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER

Clerk's Note

March 6, 2018

March 6, 2018

PACER
27

AMENDED COMPLAINT for Declaratory and Injunctive Relief and Damages Under The Civil Rights Act, 42 U.S>C. ยง1983 against Rodney Ballard, John Does, Jim Erwin, Jim Erwin, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Kimberly Potter-Blair, Kimberly Potter-Blair, Ashley Short, Ashley Short, Keith Helton, Keith Helton, Tiffany Ratliff, Tiffany Ratliff, Kathy Litteral, Kathy Litteral, Deedra Hart, Deedra Hart, Janet Conover, Janet Conover, Randy White, Randy White, Aaron Smith, Aaron Smith, James David Green, James David Green, Scott Jordan, Scott Jordan, Don Bottom, Don Bottom, Ravonne Sims, Ravonne Sims, Tim Lane, Tim Lane, filed by Human Rights Defense Center. Filed pursuant to Court Order re 26 .(AKR) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER

Clerk's Note: The Clerk notes an Amended Complaint was filed; however, no summons were provided to the Clerk for issuance. If you desire summons to be issued, the forms are available on the Court's website, www.kyed.uscourts.gov. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a Notice of Filing with the prepared summons as an attachment within 7 calendar days. (AKR)

March 6, 2018

March 6, 2018

PACER
28

NOTICE OF FILING by Human Rights Defense Center re 27 Amended Complaint,, (Attachments: # 1 Summons)(Belzley, Gregory) (Entered: 03/07/2018)

1 Summons

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March 7, 2018

March 7, 2018

PACER
29

Summons as to Amended Complaint Issued as to Don Bottom, Don Bottom, Janet Conover, Janet Conover, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Tiffany Ratliff, Tiffany Ratliff, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Randy White, Randy White; Summons issued and returned to counsel electronically. (AKR) (Entered: 03/08/2018)

March 7, 2018

March 7, 2018

PACER
30

MOTION for Extension of Time to Complete Discovery by Human Rights Defense Center Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 04/30/2018)

1 Proposed Order

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April 30, 2018

April 30, 2018

PACER
31

ORDER: 1. Plff's Mtn for Ext of Time 30 is GRANTED; 2. All fact Discovery due by 11/1/2018. 3. All Dispositive and Daubert Motions due by 1/1/2019. 4. FINAL PRETRIAL CONFERENCE SCHEDULED for Tuesday, 5/7/2019 at 11:00 AM in in the Courtroom of the US Courthouse in FRANKFORT, KY. Parties to comply with paragraphs 4.A. through E. 5. JURY TRIAL SCHEDULED for Tuesday, 5/21/2019 at 10:00 AM in the Courtroom of the US Courthouse in FRANKFORT, KY, counsel to arrive at 9:30 a.m., with trial expected to last 4 days. 6. Parties to file status reports ON THE FIRST MONDAY OF EVERY MONTH on progress of discovery, with first to be filed on or before Monday, 6/4/18. 7. No further extension of time on these or any other matter shall be granted in the above styled case absent a showing of good cause, regardless of the parties' agreement; and 8. ALL OTHER DEADLINES AND PROVISIONS of the court's scheduling orders, [R. 14; R. 17], remain in FULL FORCE AND EFFECT. Signed by Magistrate Judge Edward B. Atkins on 5/2/2018.(AKR)cc: COR, diary (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
32

JOINT STATUS REPORT by Human Rights Defense Center. (Marshall, Daniel) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER

File Submitted

June 5, 2018

June 5, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 32 Status Report (CBD)

June 5, 2018

June 5, 2018

PACER
33

ANSWER to 27 Amended Complaint,, by Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Randy White, Randy White.(Brown, Allison) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
34

SECOND STATUS REPORT Regarding Discovery by Human Rights Defense Center. (Attachments: # 1 Exhibit Ex. A - Email between counsel, # 2 Exhibit Ex. B - Emails between counsel)(Marshall, Daniel) (Entered: 07/02/2018)

1 Exhibit Ex. A - Email between counsel

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2 Exhibit Ex. B - Emails between counsel

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July 2, 2018

July 2, 2018

PACER

File Submitted

July 3, 2018

July 3, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 34 Second Status Report (CBD)

July 3, 2018

July 3, 2018

PACER
35

ORDER: that this matter shall come before this Court for a TELEPHONE CONFERENCE call to appear ON THE RECORD on Wednesday, 7/11/2018 at 1:30 PM. Counsel of parties shall access the conference by calling AT & T Teleconferencing at 1-877-336-1839 and entering access codes as directed by this Order. Signed by Magistrate Judge Edward B. Atkins on 7/3/2018.(AKR)cc: COR, Pike diary (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
36

MOTION to Amend/Correct by Human Rights Defense Center (File Second Amended Complaint) Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Summons for New Defendant Valentine, # 3 Proposed Order)(Belzley, Gregory) (Entered: 07/11/2018)

1 Exhibit Second Amended Complaint

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2 Summons for New Defendant Valentine

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3 Proposed Order

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July 11, 2018

July 11, 2018

PACER
38

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/11/2018, before Magistrate Judge Edward B. Atkins: The Court heard statements of counsel as to the status of discovery. The Court directs the parties to confer in 7 days and then again in 14 days as to the status of the outstanding production. (Court Reporter Audio File No. KYED-LEX__3-17-cv-57-GFVT-EBA_20180711_132216.) Signed by Edward B. Atkins. (AKR)cc: COR (Entered: 07/12/2018)

July 11, 2018

July 11, 2018

PACER
37

ORDER: that Defendants are DIRECTED to file all objections, if any, to Plaintiff Human Rights Defense Fund Center's Motion for Leave to File a Second Amended Complaint, [R. 36], on or before MONDAY, JULY 19, 2018. Signed by Magistrate Judge Edward B. Atkins on 7/12/2018.(AKR)cc: COR (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
39

RESPONSE in Opposition re 36 MOTION to Amend/Correct by Human Rights Defense Center (File Second Amended Complaint) filed by Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Randy White, Randy White. (Attachments: # 1 Exhibit A_Smith Press Release, # 2 Exhibit B_Valentine Press Release)(Brown, Allison) (Entered: 07/16/2018)

1 Exhibit A_Smith Press Release

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2 Exhibit B_Valentine Press Release

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July 16, 2018

July 16, 2018

PACER
40

REPLY to Response to Motion re 36 MOTION to Amend/Correct by Human Rights Defense Center (File Second Amended Complaint) filed by Human Rights Defense Center. (Belzley, Gregory) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER

Motion Submitted

July 17, 2018

July 17, 2018

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 36 MOTION to Amend/Correct by Human Rights Defense Center (File Second Amended Complaint). (AKR)

July 17, 2018

July 17, 2018

PACER
41

ORDER: that Human Rights Defense Fund Center's Motion for Leave to File an Amended Complaint 36 is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 7/17/2018. (AKR)cc: COR (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
42

SECOND AMENDED COMPLAINT with Jury Demand against Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, John Does, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Randy White, Randy White, Anna Valentine, Anna Valentine, filed by Human Rights Defense Center. Filed pursuant to Court Order 41 .(AKR) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
43

Summons Issued as to Anna Valentine, Individual, Anna Valentine, Official Capacity; Summons issued and returned to counsel electronically. (AKR) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
44

STATUS REPORT by Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, John Does, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Randy White, Randy White. (Brown, Allison) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER

File Submitted

Aug. 6, 2018

Aug. 6, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 44 Status Report (CBD)

Aug. 6, 2018

Aug. 6, 2018

PACER
45

STATUS REPORT Regarding Discovery by Human Rights Defense Center. (Marshall, Daniel) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER

File Submitted

Aug. 7, 2018

Aug. 7, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 45 Status Report regarding Discovery (CBD)

Aug. 7, 2018

Aug. 7, 2018

PACER
46

JOINT STATUS REPORT ON DISCOVERY by Human Rights Defense Center, Randy White, Aaron Smith, Ravonne Sims, Ashley Short, Tiffany Ratliff, Kimberly Potter-Blair, Kathy Litteral, Tim Lane, Chris Kleymeyer, Debbie Kays, Scott Jordan, Keith Helton, Deedra Hart, James David Green, Jim Erwin, Janet Conover, Don Bottom, Rodney Ballard. (Belzley, Gregory) Modified on 9/5/2018 (SCD). (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER

File Submitted

Sept. 5, 2018

Sept. 5, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 46 Joint Status Report on Discovery (SCD)

Sept. 5, 2018

Sept. 5, 2018

PACER
47

JOINT STATUS REPORT by Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Anna Valentine, Anna Valentine, Randy White, Randy White. (Brown, Allison) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

RECAP

File Submitted

Oct. 2, 2018

Oct. 2, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 47 Joint Status Report (CBD)

Oct. 2, 2018

Oct. 2, 2018

PACER
48

STATUS REPORT by Rodney Ballard, Don Bottom, Don Bottom, Janet Conover, Janet Conover, Jim Erwin, Jim Erwin, James David Green, James David Green, Deedra Hart, Deedra Hart, Keith Helton, Keith Helton, Scott Jordan, Scott Jordan, Debbie Kays, Debbie Kays, Chris Kleymeyer, Chris Kleymeyer, Tim Lane, Tim Lane, Kathy Litteral, Kathy Litteral, Kimberly Potter-Blair, Kimberly Potter-Blair, Tiffany Ratliff, Tiffany Ratliff, Ashley Short, Ashley Short, Ravonne Sims, Ravonne Sims, Aaron Smith, Aaron Smith, Anna Valentine, Anna Valentine, Randy White, Randy White. (Brown, Allison) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 48 Status Report (SCD)

Nov. 6, 2018

Nov. 6, 2018

PACER
49

STATUS REPORT Regarding Discovery by Human Rights Defense Center. (Marshall, Daniel) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 49 Status Report (SCD)

Dec. 4, 2018

Dec. 4, 2018

PACER
50

MOTION to approve settlement agreement by Human Rights Defense Center Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Settlement agreement, # 2 Exhibit Letter between counsel, # 3 Exhibit Proposed order)(Marshall, Daniel) (Entered: 01/28/2019)

1 Exhibit Settlement agreement

View on RECAP

2 Exhibit Letter between counsel

View on PACER

3 Exhibit Proposed order

View on PACER

Jan. 28, 2019

Jan. 28, 2019

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 50 MOTION to approve settlement agreement by Human Rights Defense Center (SCD)

Feb. 22, 2019

Feb. 22, 2019

PACER
51

ORDER: 1) 50 Settlement Agreement of Injunctive Claims is APPROVED. 2) Court will retain jurisdiction to enforce the terms of the Agreement. 3) The Injunctive Claims against the Dft are DISMISSED WITH PREJUDICE. Signed by Judge Gregory F. VanTatenhove on 3/26/2019.(SCD)cc: COR (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
52

ORDER: instead of a Final Pretrial Conference, this Court ORDERS that the parties submit to a TELEPHONE STATUS CONFERENCE with the Court on 5/7/2019 at 11:00 AM. To join the teleconference, the parties are directed to call AT&T Teleconferencing (see Order). Signed by Judge Gregory F. VanTatenhove on 4/24/2019.(CBD)cc: COR, D (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
53

STATUS REPORT by Human Rights Defense Center. (Marshall, Daniel) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 53 Status Report (SCD)

May 2, 2019

May 2, 2019

PACER
54

ORDER: 1) All forthcoming deadlines established in the 31 Scheduling Order are CANCELLED. 2) Telephonic Status Conference scheduled for 5/7/2019 is CANCELLED. 3) Parties are DIRECTED to file an agreed order of dismissal on or before 6/1/2019. Signed by Judge Gregory F. VanTatenhove on 5/6/2019.(SCD)cc: COR (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
55

JOINT MOTION for Extension of Time to File Closing Documents by Human Rights Defense Center, Debbie Kays, Scott Jordan, Keith Helton, Deedra Hart, James David Green, Jim Erwin, Janet Conover, Don Bottom, Rodney Ballard, Randy White, Anna Valentine, Aaron Smith, Ravonne Sims, Ashley Short, Tiffany Ratliff, Kimberly Porter-Blair, Kathy Litteral, Time Lane, Chris Kleymeyer. (Attachments: # 1 Proposed Order)(Marshall, Daniel) Modified on 5/31/2019 (SCD). (Entered: 05/30/2019)

1 Proposed Order

View on PACER

May 30, 2019

May 30, 2019

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 55 JOINT MOTION for Extension of Time to File Closing Documents (SCD)

May 31, 2019

May 31, 2019

PACER
56

ORDER: The Court ORDERS that the parties file an agreed order of dismissal by 7/1/2019. Signed by Judge Gregory F. VanTatenhove on 6/10/2019. (SCD)cc: COR (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
57

SECOND JOINT MOTION for Extension of Time to File Closing Documents by Human Rights Defense Center Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Marshall, Daniel) Modified text on 7/1/2019 (CBD). (Entered: 07/01/2019)

1 Proposed Order

View on PACER

July 1, 2019

July 1, 2019

PACER

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 57 SECOND JOINT MOTION for Extension of Time to FileClosing Documents by Human Rights Defense Center (CBD)

July 1, 2019

July 1, 2019

PACER
58

ORDER (re 57 Motion for Extension of Time to File): The Court ORDERS that the parties file an agreed order of dismissal by 7/12/2019. Signed by Judge Gregory F. VanTatenhove on 7/3/2019. (SCD)cc: COR (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
59

NOTICE OF APPEARANCE by Jim Erwin. (Dunn, Barry) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
60

NOTICE OF APPEARANCE by Jim Erwin. (Kinsolving, Megan) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
61

NOTICE of Change of Address by Bruce E. H. Johnson (Johnson, Bruce) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: July 17, 2017

Closing Date: May 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Human Rights Defense Center, a not-for-profit charitable organization whose purpose is to educate prisoners and the public about the constitutional rights of prisoners, conditions in American jails and prisons, and the economic and social costs of mass incarceration.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kentucky Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 104711.37

Issues

General:

Mail

Type of Facility:

Government-run