Case: Bartlett v. Atencio

1:17-cv-00191 | U.S. District Court for the District of Idaho

Filed Date: May 3, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On May 3, 2017, Jewish prisoners at the Idaho Department of Corrections (IDOC) filed a putative class action complaint in the U.S. District Court for the District of Idaho. The plaintiffs sued the Director of the Idaho Department of Corrections and several agents of the IDOC under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act (RLUIPA), and state law, namely, the Free Exercise of Religion Protected Act. The plaintiffs, represented by the ACLU, sought declaratory, inj…

On May 3, 2017, Jewish prisoners at the Idaho Department of Corrections (IDOC) filed a putative class action complaint in the U.S. District Court for the District of Idaho. The plaintiffs sued the Director of the Idaho Department of Corrections and several agents of the IDOC under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act (RLUIPA), and state law, namely, the Free Exercise of Religion Protected Act. The plaintiffs, represented by the ACLU, sought declaratory, injunctive, and monetary relief as well as attorneys’ fees and costs. The case was assigned to Judge Candy W. Dale.

The plaintiffs alleged that, in refusing to offer Kosher meals to prisoners, the defendants had imposed a substantial burden on the plaintiffs’ religious practice. Specifically, they alleged that the defendants had violated RLUIPA, the equal protection clause of the Fourteenth amendment and the free exercise clause of the First Amendment.

On May 4, 2017, the plaintiffs filed a motion for preliminary injunction, seeking to require the defendants to provide a kosher diet option without charge for prisoners at all Idaho Department of Correction facilities.

On July 11, 2017, the defendants filed a motion to dismiss for failure to state a claim, or, alternatively, for summary judgment, arguing that the plaintiffs’ state law claims were barred by the Eleventh Amendment to the United States Constitution and that their state law claims for monetary relief were barred for the failure to file a notice of tort claim.

After reaching a partial settlement, the parties jointly filed a motion for entry of an order dismissing all of the plaintiffs’ class action claims. The parties also posed a joint stipulation of their settlement agreement to create a new kosher diet system. Entitled the Common Fare No Touch menu, this diet system consisted of a majority of meals that were pre-packaged or double-sealed frozen meals that were kosher certified. The parties also agreed that the plaintiffs’ counsel would monitor compliance for at least six months.

On August 17, 2017, Judge Dale entered an order adopting the stipulation, dismissing the claims and deeming as moot the plaintiffs’ motion for preliminary injunction. The court would retain jurisdiction to enforce the agreement.

In October 2017, the plaintiffs agreed to allow judgment to be taken against them in exchange for the sum of $93,000, including all accrued costs and attorney’s fees. The court entered such judgment.

On December 26, 2017, the defendants agreed that the monitoring period of the new diet system would end on June 1, 2018. As of October 23, 2018, there are no new entries on the docket that would suggest noncompliance. The case is presumably closed.

Summary Authors

Jake Parker (6/7/2018)

Elizabeth Heise (10/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6059098/parties/bartlett-v-atencio/


Judge(s)

Dale, Candy W. (Idaho)

Williams, Mikel H. (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Eppink, Richard Allen (Idaho)

Attorneys(s) for Defendant

Hayes, Leslie Marie (Idaho)

Judge(s)

Dale, Candy W. (Idaho)

Williams, Mikel H. (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Eppink, Richard Allen (Idaho)

Attorneys(s) for Defendant

Hayes, Leslie Marie (Idaho)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 3, 2018 Docket
1

Verified Class Action Civil Rights Complaint

May 3, 2017 Complaint
32-1

Partial Settlement Agreement

Aug. 11, 2017 Settlement Agreement
41

Judgment

Oct. 4, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6059098/bartlett-v-atencio/

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

ECF Number Description Date Link
1

COMPLAINT Verfiied Class Action Civil Rights Complaint against All Defendants ( Filing fee $ 400 receipt number 0976-1582342.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Henry Atencio, # 3 Summons Jeff Zmuda, # 4 Summons Ashley Dowell, # 5 Summons Jessica Tyler, # 6 Summons Jeannie Hunter)(Eppink, Richard)

1 Cover Sheet

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2 Summons Henry Atencio

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3 Summons Jeff Zmuda

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4 Summons Ashley Dowell

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5 Summons Jessica Tyler

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6 Summons Jeannie Hunter

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May 3, 2017 RECAP
2

MOTION for Preliminary Injunction Richard Alan Eppink appearing for Plaintiffs Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. Responses due by 5/25/2017 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Decl. Rabbi Fink, # 3 Exhibit A to Decl. Fink, # 4 Exhibit B to Decl. Fink, # 5 Affidavit Decl. Rabbi Lifshitz, # 6 Exhibit A to Decl. Lifshitz, # 7 Exhibit B to Decl. Lifshitz, # 8 Exhibit C to Decl. Lifshitz, # 9 Affidavit Decl. Rabbi Weiss, # 10 Exhibit A to Decl. Weiss, # 11 Exhibit B. to Decl. Weiss, # 12 Exhibit C. to Decl. Weiss, # 13 Affidavit Decl. Bartlett, # 14 Exhibit A to Decl. Bartlett, # 15 Exhibit B to Decl. Bartlett, # 16 Exhibit C to Decl. Bartlett, # 17 Affidavit Decl. Felder, # 18 Exhibit A to Decl. Felder, # 19 Affidavit Decl. Halstrom, # 20 Exhibit A to Decl. Halstrom, # 21 Affidavit Decl. Jennings, # 22 Exhibit A to Decl. Jennings, # 23 Exhibit B to Decl. Jennings, # 24 Affidavit Decl. Epink, # 25 Exhibit A to Decl. Eppink, # 26 Exhibit B to Decl. Eppink, # 27 Exhibit C to Decl. Eppink, # 28 Exhibit D to Decl. Eppink, # 29 Exhibit E2012 to Decl. Eppink, # 30 Exhibit E2012P to Decl. Eppink, # 31 Exhibit E2013 to Decl. Eppink, # 32 Exhibit E2013P to Decl. Eppink, # 33 Exhibit E2014 to Decl. Eppink, # 34 Exhibit E2014P to Decl. Eppink, # 35 Exhibit E2015 to Decl. Eppink, # 36 Exhibit E2015P to Decl. Eppink, # 37 Exhibit E2016 to Decl. Eppink, # 38 Exhibit E2016P to Decl. Eppink, # 39 Exhibit E2017 to Decl. Eppink, # 40 Exhibit E2017P to Decl. Eppink, # 41 Exhibit E2018 to Decl. Eppink, # 42 Exhibit E2018P to Decl. Eppink, # 43 Exhibit F to Decl. Eppink, # 44 Exhibit G to Decl. Eppink, # 45 Exhibit H to Decl. Eppink, # 46 Exhibit I to Decl. Eppink)(Eppink, Richard)

1 Memorandum in Support

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2 Affidavit Decl. Rabbi Fink

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3 Exhibit A to Decl. Fink

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4 Exhibit B to Decl. Fink

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5 Affidavit Decl. Rabbi Lifshitz

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6 Exhibit A to Decl. Lifshitz

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7 Exhibit B to Decl. Lifshitz

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8 Exhibit C to Decl. Lifshitz

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9 Affidavit Decl. Rabbi Weiss

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10 Exhibit A to Decl. Weiss

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11 Exhibit B. to Decl. Weiss

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12 Exhibit C. to Decl. Weiss

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13 Affidavit Decl. Bartlett

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14 Exhibit A to Decl. Bartlett

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15 Exhibit B to Decl. Bartlett

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16 Exhibit C to Decl. Bartlett

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17 Affidavit Decl. Felder

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18 Exhibit A to Decl. Felder

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19 Affidavit Decl. Halstrom

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20 Exhibit A to Decl. Halstrom

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21 Affidavit Decl. Jennings

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22 Exhibit A to Decl. Jennings

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23 Exhibit B to Decl. Jennings

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24 Affidavit Decl. Epink

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25 Exhibit A to Decl. Eppink

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26 Exhibit B to Decl. Eppink

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27 Exhibit C to Decl. Eppink

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28 Exhibit D to Decl. Eppink

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29 Exhibit E2012 to Decl. Eppink

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30 Exhibit E2012P to Decl. Eppink

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31 Exhibit E2013 to Decl. Eppink

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32 Exhibit E2013P to Decl. Eppink

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33 Exhibit E2014 to Decl. Eppink

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34 Exhibit E2014P to Decl. Eppink

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35 Exhibit E2015 to Decl. Eppink

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36 Exhibit E2015P to Decl. Eppink

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37 Exhibit E2016 to Decl. Eppink

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38 Exhibit E2016P to Decl. Eppink

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39 Exhibit E2017 to Decl. Eppink

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40 Exhibit E2017P to Decl. Eppink

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41 Exhibit E2018 to Decl. Eppink

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42 Exhibit E2018P to Decl. Eppink

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43 Exhibit F to Decl. Eppink

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44 Exhibit G to Decl. Eppink

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45 Exhibit H to Decl. Eppink

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46 Exhibit I to Decl. Eppink

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May 4, 2017 PACER
4

Docket entry only - CONSENT to Magistrate Judge filed. (km) (Entered: 05/09/2017)

May 8, 2017 PACER
3

Summons Issued as to Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. (Print attached Summons for service.) (Attachments: # 1 Dowell Summons, # 2 Hunter Summons, # 3 Tyler Summons, # 4 Zmuda Summons) (km)

1 Dowell Summons

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2 Hunter Summons

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3 Tyler Summons

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4 Zmuda Summons

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May 9, 2017 PACER
5

NOTICE of Appearance by Leslie Marie Hayes on behalf of All Defendants (Hayes, Leslie)

May 19, 2017 PACER

Set Motion and R&R Deadlines/Hearings

May 19, 2017 PACER
6

DOCKET ENTRY ORDER - The parties, via counsel, participated in an informal telephonic status conference with Chambers staff on May 19, 2017, to discuss referral for a settlement conference, and a briefing schedule on the pending motion 2 . It is hereby ordered that this matter is referred to the Honorable Mikel H. Williams for the purpose of conducting a settlement conference, to be held on June 8, 2017. The Court will conduct a hearing on the pending motion 2 on July 28, 2017, at 9:30 a.m. A response brief is due by June 30, 2017. A reply brief is due by July 14, 2017. (Judicially Supervised Settlement Conference shall be held by 6/8/2017.)Signed by Judge Candy W. Dale. (klw)

May 19, 2017 PACER

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Responses due by 6/30/2017 Replies due by 7/14/2017. Motion Ripe Deadline set for 7/14/2017. Motion Hearing set for 7/28/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (klw)

May 19, 2017 PACER
7

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff and Zmuda re 5 Notice of Appearance Consent/Objection to Magistrate due by 6/30/2017. (km)

May 19, 2017 PACER
8

SETTLEMENT CONFERENCE ORDER. IT IS HEREBY ORDERED that a Settlement Conference is set to take place on Thursday, June 8, 2017 at 9:30 a.m. at the United States Courthouse in Boise, Idaho in Courtroom 1 before United States Magistrate Judge Mikel H. Williams. Each party shall prepare and submit to the Court on or before Thursday, June 1, 2017 at 5:00 p.m., a candid submission of its assessment of the strengths of its case and the strengths of the opposing party's case. The confidential summation shall be submitted in camera via email to MHW_Orders@id.uscourts.gov. Signed by Judge Mikel H. Williams. (km) (Entered: 05/24/2017)

May 23, 2017 PACER
9

TRANSPORT ORDER. IT IS ORDERED that the Idaho Department of Correction officials shall take appropriate measures to transport Bill Ray Bartlett to Courtroom #1 in Boise on June 8, 2017, to arrive at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 05/25/2017)

May 24, 2017 PACER
10

TRANSPORT ORDER. IT IS ORDERED that the Idaho Department of Correction officials shall take appropriate measures to transport Kenneth Franklin Felder to Courtroom #1 in Boise on June 8, 2017 to arrive at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 05/25/2017)

May 24, 2017 PACER
11

TRANSPORT ORDER. IT IS ORDERED that the Idaho Department of Correction officials shall take appropriate measures to transport Brian Daniel Halstrom to Courtroom #1 in Boise on June 8, 2017 to arrive at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 05/25/2017)

May 24, 2017 PACER
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TRANSPORT ORDER. IT IS ORDERED that the Idaho Department of Correction officials shall take appropriate measures to transport Jonathan Robert Jennings to Courtroom #1 in Boise on June 8, 2017 to arrive at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 05/25/2017)

May 24, 2017 PACER
13

CLERK'S CERTIFICATE OF SERVICE re 9 Order to Transport, 10 Order to Transport, 11 Order to Transport, and 12 Order to Transport. Per the Orders to Transport, docket numbers 9, 10, 11, and 12 were emailed to the U.S. Marshal Service, Marissa Doan (mdoan@idoc.idaho.gov), Beth Purdy (bepurdy@idoc.idaho.gov), and Liz Hale (ehale@idoc.idaho.gov). (km)

May 25, 2017 PACER
14

WAIVER OF SERVICE Returned Executed by Jeannie Hunter, Jeff Zmuda, Ashley Dowell, J Does 1-20, Henry Atencio, Jessica Tyler. All Defendants. (Hayes, Leslie)

May 26, 2017 PACER
15

DOCKET TEXT AMENDED SETTLEMENT ORDER, IT IS HEREBY ORDERED that the Settlement Conference set for 6/8/2017 is VACATED and RESET for 6/23/2017. IT IS FURTHER ORDERED that all previsions of the prior settlement order remain in affect and candid assessments be submitted in camera via email to MHW_Orders@id.uscourts.gov on or before June 15, 2017 re 8 Order, Set Deadlines/Hearings ( Settlement Conference set for 6/23/2017 09:30 AM in Boise - Courtroom 1 before Judge Mikel H. Williams.). Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (so)

June 2, 2017 PACER
16

DOCKET ENTRY NOTICE OF HEARING - After an informal telephonic conference between Chambers staff and the parties, the hearing on the pending 2 MOTION for Preliminary Injunction, currently set for July 28, 2017, at 9:30 a.m., is VACATED and RESET to commence at 9:30 a.m. on August 7, 2017, before Judge Dale. The briefing schedule is hereby modified as follows: response brief due by July 7, 2017; reply brief due by July 21, 2017. (Motion Hearing set for 8/7/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale.)(klw)

June 6, 2017 PACER

Set Motion and R&R Deadlines/Hearings

June 6, 2017 PACER

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Responses due by 7/7/2017 Replies due by 7/21/2017. Motion Ripe Deadline set for 7/21/2017. Motion Hearing set for 8/7/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (klw)

June 6, 2017 PACER
17

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE (Attachments: # 1 Consent by Plaintiff)(cjs)

1 Consent by Plaintiff

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June 15, 2017 PACER
18

TRANSPORT ORDER - IDOC to take appropriate measures to transport BILL RAY BARTLETT #18858 to Courtroom #1, Boise on 6/23/2017 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

June 16, 2017 PACER

Certificate of Service

June 16, 2017 PACER
19

TRANSPORT ORDER - IDOC to take appropriate measures to transport KENNETH FRANKLIN FELDER #89622 to Courtroom #1, Boise on 6/23/2017 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

June 16, 2017 PACER
20

TRANSPORT ORDER - IDOC to take appropriate measures to transport BRIAN DANIEL HALSTROM #112122 to Courtroom #1, Boise on 6/23/2017 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

June 16, 2017 PACER
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TRANSPORT ORDER - IDOC to take appropriate measures to transport JONATHAN ROBERT JENNINGS, IDOC # 109670 to Courtroom #1, Boise on 6/23/2017 beginning at 8:30 a.m. (Notice sent to USMS). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

June 16, 2017 PACER

CERTIFICATE OF SERVICE re 18 Transport Order, 20 Transport Order, 19 Transport Order, 21 Transport Order to IDOC at Transport mdoan@idoc.idaho.gov, bepurdy@idoc.idaho.gov, ehale@idoc.idaho.gov and U.S. Marshal at Nicole.Albright@usdoj.gov, ecf.idaho@usdoj.gov. (cjs)

June 16, 2017 PACER
22

Minute Entry for proceedings held before Judge Mikel H. Williams: Settlement Conference held on 6/23/2017 Case not settled. Time in Court 6 hours. (Court Reporter/ESR Not Recorded.) Hearing Not Recorded. (so) (Entered: 06/27/2017)

June 23, 2017 PACER
23

DOCKET ENTRY NOTICE OF HEARING: After an informal telephonic conference between Chambers staff and the parties indicating settlement discussions are ongoing, the hearing on the pending 2 MOTION for Preliminary Injunction, currently set for August 7, 2017, at 9:30 a.m., is VACATED and RESET to commence at 9:30 a.m. on August 25, 2017, before Judge Dale. The briefing schedule is hereby modified as follows: response brief due by July 28, 2017; reply brief due by August 11, 2017. (klw)

July 7, 2017 PACER

Set Motion and R&R Deadlines/Hearings

July 7, 2017 PACER

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . Responses due by 7/28/2017 Replies due by 8/11/2017. Motion Ripe Deadline set for 8/11/2017. Motion Hearing set for 8/25/2017 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (klw)

July 7, 2017 PACER
24

ANSWER to 1 Complaint, by Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda.(Hayes, Leslie) Modified on 7/18/2017 to refer to Amended Answer Dkt. 26 (cjs).

July 11, 2017 PACER
25

Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. Responses due by 8/1/2017 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Affidavit Hess, # 3 Exhibit Exh A Hess, # 4 Exhibit Exh B Hess, # 5 Exhibit Exh C Hess, # 6 Exhibit Exh D Hess, # 7 Affidavit Affidavit Mason, # 8 Exhibit Exh A Mason, # 9 Affidavit Affidavit Tyler-Leekley, # 10 Exhibit Exh A Tyler-Leekley, # 11 Affidavit Affidavit Zmuda, # 12 Exhibit Exh A Zmuda, # 13 Exhibit Exh B Zmuda)(Hayes, Leslie) Modified on 7/18/2017 pursuant to Corrective Entry entered 7/12/2017, disregard Attachment #s 2, 3, 4, 5, 6, 9, 10, 11, 12 & 13 (cjs).

1 Memorandum in Support

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2 Affidavit Affidavit Hess

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3 Exhibit Exh A Hess

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4 Exhibit Exh B Hess

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5 Exhibit Exh C Hess

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6 Exhibit Exh D Hess

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7 Affidavit Affidavit Mason

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8 Exhibit Exh A Mason

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9 Affidavit Affidavit Tyler-Leekley

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10 Exhibit Exh A Tyler-Leekley

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11 Affidavit Affidavit Zmuda

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12 Exhibit Exh A Zmuda

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13 Exhibit Exh B Zmuda

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July 11, 2017 PACER
26

AMENDED ANSWER to Verified Class Action Civil Rights 1 Complaint, by Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. (Hayes, Leslie)

July 11, 2017 PACER

Corrective Entry

July 12, 2017 PACER

CORRECTIVE ENTRY - Per attorney Leslie Hays, The Affidavits of Hess, Leekley and Zmuda and their attached exhibits were filed in error. Please disregard Docket numbers 25-2, 25-3, 25-4, 25-5, 25-6, 25-9, 25-10, 25-11, 25-12, and 25-13. (jp)

July 12, 2017 PACER
27

Joint MOTION for Extension of Time to File Response/Reply as to 25 Motion to Dismiss for Failure to State a Claim Richard Alan Eppink appearing for Plaintiffs Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. Responses due by 8/17/2017 (Eppink, Richard)

July 27, 2017 PACER
28

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. Replies due by 8/11/2017. (Attachments: # 1 Affidavit Zmuda, # 2 Exhibit A - Zmuda, # 3 Exhibit B - Zmuda, # 4 Affidavit Leekley, # 5 Exhibit A - Leekley, # 6 Affidavit Hess, # 7 Exhibit A- Hess, # 8 Exhibit B - Hess, # 9 Exhibit C - Hess, # 10 Exhibit D - Hess)(Hayes, Leslie)

1 Affidavit Zmuda

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2 Exhibit A - Zmuda

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3 Exhibit B - Zmuda

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4 Affidavit Leekley

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5 Exhibit A - Leekley

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6 Affidavit Hess

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7 Exhibit A- Hess

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8 Exhibit B - Hess

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9 Exhibit C - Hess

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10 Exhibit D - Hess

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July 28, 2017 PACER
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ORDER TO ADJUST BRIEFING SCHEDULE on Defendants' Partial Motion to Dismiss Filed 7/11/17. Granting 27 Motion for Extension of Time to File Response/Reply re 25 Motion to Dismiss for Failure to State a Claim . Responses due by 9/4/2017. Any reply by defendants is due 14 days after the plaintiffs' response is filed. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Aug. 1, 2017 PACER
30

DOCKET ENTRY ORDER - The Court has been informed that the parties are continuing with settlement discussions. The Court requests a joint status report to be filed by August 8, 2017, regarding the status of those discussions and their impact upon the hearing set on August 25, 2017. Signed by Judge Candy W. Dale. (klw)

Aug. 3, 2017 PACER
31

DOCKET ENTRY ORDER The parties informed the Court that they have reached a partial settlement of this matter, which would resolve the pending motion for preliminary injunction 2 . Accordingly, the parties do not need to submit a joint status report by August 8, 2017, and settlement papers are due by August 11, 2017. Signed by Judge Candy W. Dale. ((klw)

Aug. 8, 2017 PACER
32

STIPULATION and Joint Motion for Order of Partial Dismissal with Retained Jurisdiction by Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. (Attachments: # 1 Partial Settlement Agreement, # 2 Exhibit A to Partial Settlement Agreement, # 3 Exhibit B to Partial Settlement Agreement, # 4 Exhibit C to Partial Settlement Agreement, # 5 Exhibit D to Partial Settlement Agreement, # 6 Exhibit E to Partial Settlement Agreement)(Eppink, Richard)

1 Partial Settlement Agreement

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2 Exhibit A to Partial Settlement Agreement

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3 Exhibit B to Partial Settlement Agreement

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4 Exhibit C to Partial Settlement Agreement

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5 Exhibit D to Partial Settlement Agreement

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6 Exhibit E to Partial Settlement Agreement

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Aug. 11, 2017 PACER
33

ORDER FOR PARTIAL DISMISSAL WITH RETAINED JURISDICTION re 32 Stipulation - IT IS HEREBY ORDERED that Claims 1, 2, 3, and 4 in the Complaint (Dkt. 1) are dismissed pursuant to the parties Stipulation of Dismissal (Dkt. 32) and Settlement Agreement (Dkt. 32-1), both of which are hereby incorporated into this order by the Court. On or before 11/3/2017, the parties must provide the Court with either a motion or a status report identifying the proposed termination date. The Motion for Preliminary Injunction (Dkt. 2 ) is deemed MOOT as a result of the dismissal of Claim 1, and the motion hearing set for 8/25/2017, at 9:30 a.m. is hereby VACATED.Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Aug. 17, 2017 PACER
34

RESPONSE to Motion re 25 Motion to Dismiss for Failure to State a Claim filed by Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. Replies due by 9/18/2017. (Attachments: # 1 2d Decl. Bartlett, # 2 Exhibit A to 2d Decl. Bartlett)(Eppink, Richard)

1 2d Decl. Bartlett

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2 Exhibit A to 2d Decl. Bartlett

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Sept. 4, 2017 PACER
35

MOTION to Take Judicial Notice Richard Alan Eppink appearing for Plaintiffs Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. Responses due by 9/25/2017 (Eppink, Richard)

Sept. 4, 2017 PACER
36

DOCKET ENTRY NOTICE of Hearing on Motions: 35 MOTION to Take Judicial Notice, 25 Motion to Dismiss for Failure to State a Claim - Motion Hearing set for 11/27/2017 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale. (at)

Sept. 14, 2017 PACER
37

REPLY to Response to Motion re 25 Motion to Dismiss for Failure to State a Claim filed by Henry Atencio, J Does 1-20, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda.(Hayes, Leslie)

Sept. 18, 2017 PACER
38

RESPONSE to Motion re 35 MOTION to Take Judicial Notice Non-Opposition to Request for Judicial Notice filed by Henry Atencio, J Does 1-20, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. Replies due by 10/10/2017.(Hayes, Leslie)

Sept. 25, 2017 PACER
39

JUDGMENT Offer Accepted (Notice of Acceptance) by Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings . (Eppink, Richard)

Oct. 3, 2017 PACER
40

DOCKET ENTRY NOTICE of Hearing: Telephonic Status Conference set for 11/27/2017 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. (klw)

Oct. 4, 2017 PACER
41

JUDGMENT re 39 Offer of Judgment - IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: Plaintiffs Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, and Jonathan Jennings are awarded judgment in the amount of $93,000.00 against Defendants Henry Atencio, Jeff Zmuda, Ashley Dowell, Jessica Tyler, and Jeannie Hunter. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) (Entered: 10/05/2017)

Oct. 4, 2017 RECAP

Set Deadlines/Hearings

Oct. 6, 2017 PACER

Set Deadlines/Hearings: Motion or Status Report due by 11/3/2017 pursuant to Order Dkt. 33 . Telephonic Status Conference reset for 11/27/2017 01:30 PM in Boise - Courtroom 6 before Judge Candy W. Dale pursuant to Notice Dkt. 40. Entry of the Judgment Dkt. 41 did not vacate this deadline or hearing. (cjs)

Oct. 6, 2017 PACER
42

STATUS REPORT Joint Status Update by Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda. (Hayes, Leslie)

Oct. 31, 2017 PACER
43

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Richard Eppink and Craig Durham for the Plaintiff; Leslie Hayes for the Defendants. Telephonic Status Conference held on 11/27/2017. Counsel and Judge Dale's Law Clerk Kirsten Wallace conferred regarding case status. Defendants continue CAPP implementation. Written status update to be provided by 12/1/2017. (Telephonic Status Conference set for 1/3/2018 10:30 AM Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. Matter may be vacated if termination date can be determined.) Time in Court 1:30-1:36 PM. (ESR A. Tate.) Audio File Location Boise - Courtroom 6. (at)

Nov. 27, 2017 PACER
44

STATUS REPORT Joint Status Update by Billy Ray Bartlett, Kenneth F Felder, Brian Halstrom, Jonathan Robert Jennings. (Eppink, Richard)

Dec. 1, 2017 PACER
45

Statement Joint Statement Re End of Monitoring Period filed by Henry Atencio, Ashley Dowell, Jeannie Hunter, Jessica Tyler, Jeff Zmuda.(Hayes, Leslie)

Dec. 26, 2017 PACER
46

Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Richard Eppink and Craig Durham for the Plaintiffs; Leslie Hays for the Defendants. Telephonic Status Conference held on 1/3/2018. Counsel and Judge Dale's Law Clerk Kirsten Wallace discussed case status. Parties noted the monitoring period will end on 6/1/2018 and noted the CAPP implementation has now occurred. Time in Court 10:33-10:41 AM. (ESR A. Tate.) Audio File Location Boise - Courtroom 6. (at) (Entered: 01/04/2018)

Jan. 3, 2018 PACER
47

Letter from Pete Veenstra requesting copy of docket sheet. (Mailed docket sheet)(kt)

Jan. 31, 2020 PACER

State / Territory: Idaho

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 3, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish prisoners under the Idaho Department of Corrections who were denied a kosher diet while incarcerated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Idaho Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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: 93,000

Order Duration: 2017 - 2018

Content of Injunction:

Discrimination Prohibition

Monitoring

Recordkeeping

Preliminary relief request withdrawn/mooted

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run