Case: Huff v. CoreCivic

2:17-cv-02320 | U.S. District Court for the District of Kansas

Filed Date: June 1, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 1, 2017, former detainees at a private detention facility in Leavenworth, Kansas filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiffs sued CoreCivic, Inc. (the facility's operator) and Securus Technologies, Inc. (its phone and video services provider) for violations of the Kansas, Missouri and federal (18 U.S.C. §§ 2510, et seq.) wiretapping statutes. The plaintiffs were represented by private counsel and sought monetary relief and attorney’s fees. Th…

On June 1, 2017, former detainees at a private detention facility in Leavenworth, Kansas filed this lawsuit in the U.S. District Court for the District of Kansas. The plaintiffs sued CoreCivic, Inc. (the facility's operator) and Securus Technologies, Inc. (its phone and video services provider) for violations of the Kansas, Missouri and federal (18 U.S.C. §§ 2510, et seq.) wiretapping statutes. The plaintiffs were represented by private counsel and sought monetary relief and attorney’s fees. The plaintiffs claimed that throughout the time they were detained, defendants improperly and without authorization recorded confidential phone calls and meetings between them and their attorneys. Magistrate Judge James P. O’Hara was assigned to the case.

On November 13, 2017 an individual tried to join the case as a member of the class, but this motion was denied because class certification had not been granted.

CoreCivic and Securus moved to dismiss Count I (the violation of the Missouri wiretapping statute), and this motion was granted because none of the allegedly unlawful interceptions took place Missouri. Securus also moved to dismiss Counts II and III (the violations of the Kansas and federal wiretapping statutes). The court granted in part and denied in part this motion. Specifically, the court found that the plaintiffs had not adequately alleged that any of their intercepted communications had been disclosed but had adequately alleged that their communications had been unlawfully intercepted and a statutory business use exception did not apply because intercepting conversations between detainees and their lawyers was not part of the defendants' ordinary course of business. 2018 WL 1175042 (Mar. 5, 2018).

The parties began settlement negotiations in August, 2018. These negotiations continued until August 23, 2019, when the plaintiffs moved to certify the class and for preliminary approval of class action settlement. The court granted this motion on September 26, 2019. Five members of the class filed objections to the settlement, but the court overruled these objections and approved the settlement on January 28, 2020.

The certified class included:

All detainees at Leavenworth Detention Center who, during the period of June 1, 2014 through June 19, 2017, had their attorney-client telephone calls recorded by Defendants: (a) after the detainee requested privatization of his or her attorney’s phone number (subclass A); (b) after his or her attorney requested privatization of the attorney’s phone number (subclass B); (c) after Judge Robinson’s cease and desist order on August 10, 2016, in the case styled U.S. v. Black, Case No. 2:16-CR-20032 (subclass C); or (d) after the detainee or his or her attorney otherwise notified one or more Defendants in writing of their attorney-client relationship and provided written notification of the attorney’s phone number at issue (subclass D).
The settlement agreement created a Settlement Fund of $1,450,000.00, of which CoreCivic agreed to fund $1,100,000.00 and Securua agreed to fund $350,000.00. The plaintiffs' attorneys received about $500,000 of the settlement funds. The settlement did not provide for relief besides damages.

As of April 5, 2020, the court has retained jurisdiction for the administration of ongoing settlement payments.

Summary Authors

Anna Brito (10/3/2018)

Alex Moody (4/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6206267/parties/huff-v-corecivic-inc/


Judge(s)

O'Hara, James P. (Kansas)

Robinson, Julie A. (Kansas)

Attorneys(s) for Plaintiff

Horn, Robert A. (Missouri)

Kronawitter, Joseph A. (Missouri)

McCart, Brian Christopher (Missouri)

Meyers, Brian Timothy (Missouri)

Attorneys(s) for Defendant

Concannon, Taylor Brooke (Missouri)

Cutler, Michael P (Missouri)

Fitts, Amy D. (Missouri)

Harding, Robert Ryan (Missouri)

Judge(s)

O'Hara, James P. (Kansas)

Robinson, Julie A. (Kansas)

Attorneys(s) for Plaintiff

Horn, Robert A. (Missouri)

Kronawitter, Joseph A. (Missouri)

McCart, Brian Christopher (Missouri)

Meyers, Brian Timothy (Missouri)

Attorneys(s) for Defendant

Concannon, Taylor Brooke (Missouri)

Cutler, Michael P (Missouri)

Fitts, Amy D. (Missouri)

Harding, Robert Ryan (Missouri)

Hausmann, Taylor Brooke Concannon (Missouri)

Jacob, Tessa K. (Missouri)

Kokoruda, Thomas G. (Missouri)

Martin, Joshua P. (Texas)

Mayer, Alyssa (Missouri)

McCubbin, Lauren E. Tucker (Missouri)

Meltzer, Hal D. (Kansas)

Owens, Michael R (Missouri)

Documents in the Clearinghouse

Document

2:17-cv-02320

Docket [PACER]

Huff v. CoreCivic, Inc.

May 1, 2020

May 1, 2020

Docket
1

2:17-cv-02320

Complaint

Huff v. CoreCivic, Inc.

June 1, 2017

June 1, 2017

Complaint
75

2:17-cv-02320

Memorandum and Order

Huff v. CoreCivic, Inc.

2018 WL 1175042

March 5, 2018

March 5, 2018

Order/Opinion
140

2:17-cv-02320

Unopposed Motion of Plaintiffs for Order Conditionally Certifying Settlement Class, Preliminarily Approving Class Action Settlement, Directing Distribution of Class Notice

Aug. 23, 2019

Aug. 23, 2019

Pleading / Motion / Brief
140-2

2:17-cv-02320

Unopposed Motion of Plaintiffs for Order Conditionally Certifying Settlement Class, Preliminarily Approving Class Action Settlement, Directing Distribution of Class Notice, Setting Hearing for Final Approval of Class Action Settlement

Amended and Restated Settlement Agreement and Release

Aug. 23, 2019

Aug. 23, 2019

Settlement Agreement
146

2:17-cv-02320

Order Preliminarily Approving Class Action Settlement, Certifying the Settlement Class and Providing for Notice to the Settlement Class

Sept. 26, 2019

Sept. 26, 2019

Order/Opinion
177

2:17-cv-02320

Order Granting Final Approval of Class Action Settlement, Granting Motion for Attorney Fees, Overruling Objections

2020 WL 430212

Jan. 28, 2020

Jan. 28, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6206267/huff-v-corecivic-inc/

Last updated Aug. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4186726.), filed by Ashley Huff, Gregory L. Rapp. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kronawitter, Joseph) (Entered: 06/01/2017)

1 Exhibit A

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2 Exhibit B

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June 1, 2017

June 1, 2017

RECAP
2

CIVIL COVER SHEET by Plaintiffs Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Julie A Robinson and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cv)

June 1, 2017

June 1, 2017

PACER
3

DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Ashley Huff, Gregory L. Rapp - trial to be held in Kansas City. (Kronawitter, Joseph) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

SUMMONS ISSUED as to CoreCivic, Inc., Securus Technologies, Inc. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (cv)

June 6, 2017

June 6, 2017

PACER
4

SUMMONS RETURNED EXECUTED -- Personal Service by Ashley Huff, Gregory L. Rapp upon CoreCivic, Inc. served on 6/15/2017, answer due 7/6/2017 (Kronawitter, Joseph) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
5

SUMMONS RETURNED EXECUTED -- Personal Service by Ashley Huff, Gregory L. Rapp upon Securus Technologies, Inc. served on 6/15/2017, answer due 7/6/2017 (Kronawitter, Joseph) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
6

ENTRY OF APPEARANCE by Taylor Brooke Concannon on behalf of Securus Technologies, Inc.. (Concannon, Taylor) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
7

CORPORATE DISCLOSURE STATEMENT by Securus Technologies, Inc. . (Concannon, Taylor) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
8

Securus's ANSWER to Complaint by Securus Technologies, Inc..(Concannon, Taylor) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
9

Separate ANSWER to Complaint of CoreCivic, Inc. f/k/a Corrections Corporation of America by CoreCivic, Inc..(Meltzer, Hal) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
10

INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 9/18/2017 at 9:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 9/8/2017. Rule 26 Initial Disclosures Deadline set for 9/8/2017. Signed by Magistrate Judge James P. O'Hara on 7/10/17. (ss) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
11

CORPORATE DISCLOSURE STATEMENT by CoreCivic, Inc. identifying None as corporate parent . (Meltzer, Hal) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
12

ENTRY OF APPEARANCE by Tessa K. Jacob on behalf of Securus Technologies, Inc. (Jacob, Tessa) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
13

NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) By agreement of the parties, the Scheduling Conference is set for 9/26/2017 at 2:00 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. The planning report will remain due on 9/8/17.(ss) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
14

MOTION for attorney Robert Ryan Harding to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4270751.) by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 ECF Registration Form, # 2 Affidavit)(Concannon, Taylor) (Entered: 09/08/2017)

1 ECF Registration Form

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2 Affidavit

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Sept. 8, 2017

Sept. 8, 2017

PACER
15

ORDER granting 14 Motion to Appear Pro Hac Vice of Robert Ryan Harding for Securus Technologies, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 9/8/17. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
16

CERTIFICATE OF SERVICE of Initial Disclosures by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
17

NOTICE OF SERVICE by CoreCivic, Inc. Initial Disclosures (Meltzer, Hal) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
18

Joint MOTION for Order JOINT MOTION FOR ENTRY OF STIPULATED DOCUMENT PRODUCTION PROTOCOL by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Exhibit Ex. A)(Concannon, Taylor) (Entered: 09/25/2017)

1 Exhibit Ex. A

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Sept. 25, 2017

Sept. 25, 2017

PACER
19

DOCUMENT PRODUCTION PROTOCOL and ORDER granting 18 joint motion for entry of order governing document production between plaintiffs and defendant Securus Technologies, Inc. Signed by Magistrate Judge James P. O'Hara on 9/26/2017. (amh) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

RECAP
20

CERTIFICATE OF SERVICE of Initial Rule 26 Disclosures by Securus Technologies, Inc. (Concannon, Taylor) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
21

MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 9/27/2017. Joseph Kronawitter, Robert Horn, and Brian McCart appear for plaintiff. Hal Meltzer appears for CoreCivic. Tessa Jacob and Taylor Concannon appear for Securus Technologies. (FTR: 2:03.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
22

SCHEDULING ORDER: Discovery deadline re class certification 8/3/2018. Dispositive motion deadline 10/13/2017. See order for further deadlines. Signed by Magistrate Judge James P. O'Hara on 9/27/17. (ss) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
23

ENTRY OF APPEARANCE by Robert A. Horn on behalf of Ashley Huff, Gregory L. Rapp. (Horn, Robert) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
24

CERTIFICATE OF SERVICE of Rule 26 Disclosures Documents by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
25

CERTIFICATE OF SERVICE of Certificate of Service by Securus Technologies, Inc. (Concannon, Taylor) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
26

CERTIFICATE OF SERVICE of Documents Identified in Initial Disclosures by CoreCivic, Inc.. (Meltzer, Hal) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
27

ENTRY OF APPEARANCE by Brian Christopher McCart on behalf of All Plaintiffs (McCart, Brian) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
28

Joint NOTICE of Adoption of Document Production Protocol by Ashley Huff, Gregory L. Rapp (Kronawitter, Joseph) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
29

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant CoreCivic, Inc. (Meltzer, Hal) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
30

MEMORANDUM IN SUPPORT of 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant CoreCivic, Inc. (Attachments: # 1 Exhibit A)(Meltzer, Hal) (Entered: 10/13/2017)

1 Exhibit A

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Oct. 13, 2017

Oct. 13, 2017

PACER
31

MOTION to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) by Defendant Securus Technologies, Inc. (Concannon, Taylor) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
32

MEMORANDUM IN SUPPORT of 31 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) by Defendant Securus Technologies, Inc.(Concannon, Taylor) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
33

Joint MOTION for Discovery JOINT MOTION FOR ENTRY OF PROPOSED FED. R. EVID. 502(d) ORDER by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Exhibit A)(Concannon, Taylor) (Entered: 10/16/2017)

1 Exhibit A

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Oct. 16, 2017

Oct. 16, 2017

PACER
34

Joint MOTION for Protective Order JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Exhibit A)(Concannon, Taylor) (Entered: 10/16/2017)

1 Exhibit A

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Oct. 16, 2017

Oct. 16, 2017

PACER
35

RESPONSE by Plaintiffs Ashley Huff, Gregory L. Rapp re 33 Joint MOTION for Discovery JOINT MOTION FOR ENTRY OF PROPOSED FED. R. EVID. 502(d) ORDER (Kronawitter, Joseph) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
36

ORDER regarding 33 motion for entry of a Fed. R. Evid. 502(d) order. The court requests supplemental briefing. By October 20, 2017, the parties are directed to file a joint brief, limited to five double-spaced pages, more fully explaining their respective positions as to why, or why not, this case should be distinguished from Rajala v. McGuire Woods, LLP, No. 08-2638, in which U.S. Magistrate Judge David J. Waxse entered a Rule 502(d) order over the plaintiff's objections. See 2010 WL 2949582 (D. Kan. July 22, 2010) and 2013 WL 50200 (D. Kan. Jan. 3, 2013). Defendants shall not file a separate reply in support of the motion. Signed by Magistrate Judge James P. O'Hara on 10/17/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
37

TRANSCRIPT of Initial Scheduling Conference held September 26, 2017 before Judge James P. O'Hara, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Horn, Aylward & Bandy. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/16/2018. (kg) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
38

Proposed MOTION for Order Proposed Stipulate Motion for Entry of Proposed Fed. R. Evid. 502(d) Order by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Concannon, Taylor) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
39

STIPULATED FED. R. EVID. 502(d) ORDER and ORDER granting 38 stipulated motion for entry of proposed Fed. R. Evid. 502(d) order. The court has received the parties' proposed stipulated Fed. R. Evid. 502(d) order, referenced as Exhibit A (but unattached) to the parties' stipulated motion (ECF No. 38), and finds good cause to enter the proposed order. Defendants' joint motion for entry of proposed Fed. R. Evid. 502(d) order 33 is denied as moot. Signed by Magistrate Judge James P. O'Hara on 10/23/2017. (srj) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
40

STIPULATED PROTECTIVE ORDER and ORDER granting 34 joint motion for protective order. The court finds good cause to enter the order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 10/23/2017. (srj) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
41

STATUS REPORT -- Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
42

Unopposed MOTION for Extension of Time to File Response as to 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 31 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) by Plaintiffs Ashley Huff, Gregory L. Rapp (Kronawitter, Joseph) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 42 Unopposed MOTION for Extension of Time to File Response as to 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 31 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) . The motion will be resolved by the District Judge.(ss)

Nov. 2, 2017

Nov. 2, 2017

PACER
43

ORDER granting 42 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs move for an extension of time to respond to Defendants' motions to dismiss. For good cause, the Court grants the motion and extends Plaintiffs' deadline to respond to Defendants' motions through November 13, 2017. Signed by Chief District Judge Julie A Robinson on 11/3/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (gt) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
44

RESPONSE by Plaintiffs Ashley Huff, Gregory L. Rapp re 31 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) (Kronawitter, Joseph) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
45

RESPONSE by Plaintiffs Ashley Huff, Gregory L. Rapp re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Kronawitter, Joseph) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
46

MOTION TO JOIN by Movant Tywan A. Poole. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Envelope)(kao) (Entered: 11/17/2017)

1 Attachment 1

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2 Attachment 2

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3 Attachment 3

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4 Envelope

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Nov. 13, 2017

Nov. 13, 2017

PACER
47

REPLY TO RESPONSE TO MOTION by Defendant CoreCivic, Inc. re: 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Meltzer, Hal) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
48

ORDER denying 46 motion to join case. The motion and its attachments appear to be based on Mr. Poole's mistaken belief that this case has been certified as a class action. To the contrary, the court has set August 31, 2018, as the deadline for plaintiffs to move for class certification. If the case is eventually certified as a class action, Mr. Poole may have an opportunity to join the class at that time. To the extent Mr. Poole is seeking leave to intervene in this case before that time, he must follow the direction of Federal Rule of Civil Procedure 24. Signed by Magistrate Judge James P. O'Hara on 11/20/2017. Mailed to pro se party by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
49

CERTIFICATE OF SERVICE of Plaintiffs' Discovery Requests to Defendants by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
50

MOTION to Amend/Correct for Leave to Amend Answer by Interlineation and Memorandum in Support by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Exhibit A)(Meltzer, Hal) (Entered: 12/01/2017)

1 Exhibit A

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Dec. 1, 2017

Dec. 1, 2017

PACER
51

STATUS REPORT -Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
52

ORDER granting 50 motion for leave to amend answer by interlineation. Counsel has informed the court the motion is unopposed. Defendant CoreCivic, Inc. is directed to file forthwith its amended answer as a separate docket entry. Signed by Magistrate Judge James P. O'Hara on 12/4/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (srj) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
53

AMENDED ANSWER to Plaintiffs' Complaint by CoreCivic, Inc.. (Meltzer, Hal) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
54

Unopposed MOTION for extension of time by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Meltzer, Hal) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
55

ORDER granting 54 unopposed motion for extension of time until January 18, 2018, for defendant CoreCivic to respond to discovery. For counsel's future reference, the court notes that both Fed. R. Civ. P. 29 and the Scheduling Order (ECF No. 22 at 12) permit the parties to stipulate to extensions of this type without court involvement. Signed by Magistrate Judge James P. O'Hara on 12/14/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
56

Unopposed MOTION for Extension of Time to File Response as to 49 Certificate of Service of Discovery by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Concannon, Taylor) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
57

ORDER granting 56 unopposed motion for extension of time until January 8, 2018, for defendant Securus Technologies, Inc. to respond to plaintiff's first requests for production of documents and first set of interrogatories. For counsel's future reference, the court notes that both Fed. R. Civ. P. 29 and the Scheduling Order (ECF No. 22 at 12) permit the parties to stipulate to extensions of this type without court involvement (counsel were directed to make efficient use of Rule 29 stipulations during the scheduling conference on September 27, 2017, and reminded again in an order filed just six days ago -- the continued filing of motions for extensions when stipulations suffice unnecessarily runs up legal expense and wastes court resources). Signed by Magistrate Judge James P. O'Hara on 12/20/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (srj) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
58

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
59

CERTIFICATE OF SERVICE by Securus Technologies, Inc. re 49 Certificate of Service (Concannon, Taylor) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
60

NOTICE OF SERVICE by CoreCivic, Inc. of Responses to Plaintiffs' First Set of Interrogatories and First Request for Production to CoreCivic, Inc. (Meltzer, Hal) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
61

MOTION to Intervene (Titled "Motion Seeking Leave to Intervene as a Party of Interest") by Movant Tywan A. Poole (referred to Magistrate Judge James P. O'Hara). (Attachments: # 1 Envelope)(tvn) (Entered: 01/24/2018)

1 Envelope

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Jan. 23, 2018

Jan. 23, 2018

PACER
62

CERTIFICATE OF SERVICE of First Production of Documents in Response to Plaintiffs' First Requests for Production of Documents by Securus Technologies, Inc. (Concannon, Taylor) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
63

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
64

NOTICE OF SERVICE by CoreCivic, Inc. of First Interrogatories to Plaintiffs, First Request for Production to Plaintiffs, First Requests for Admission to Plaintiffs (Meltzer, Hal) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
65

MEMORANDUM IN OPPOSITION by Defendant Securus Technologies, Inc. re 61 MOTION to Intervene (Concannon, Taylor) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
66

MEMORANDUM IN OPPOSITION by Defendant CoreCivic, Inc. re 61 MOTION to Intervene (Meltzer, Hal) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
67

REPLY TO RESPONSE TO MOTION (Titled "Memorandum in Opposition to Defendants CoreCivic and Securus Tech. Motion Opposing Intervention") by Movant Tywan A. Poole re: 61 MOTION to Intervene. (Attachments: # 1 Envelope)(tvn) (Entered: 02/22/2018)

1 Envelope

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Feb. 20, 2018

Feb. 20, 2018

PACER
68

ORDER denying 61 Motion to Intervene. Signed by Magistrate Judge James P. O'Hara on 02/23/2018. Mailed to pro se party Tywan A. Poole by certified mail; Certified Tracking Number: 7014 3490 0002 1092 2194. (tvn) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
69

SUPPLEMENT to 67 Reply to Response to Motion (Titled "Addendum Memorandum in Opposition to Defendants Motion to Deny Motion to Intervene.") by Movant Tywan A. Poole. (Attachments: # 1 Envelope)(tvn) (Entered: 02/26/2018)

1 Envelope

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Feb. 23, 2018

Feb. 23, 2018

PACER
70

Unopposed MOTION to Compel Production of Documents by Plaintiffs Ashley Huff, Gregory L. Rapp (referred to Magistrate Judge James P. O'Hara) (Kronawitter, Joseph) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
71

ORDER granting 70 Unopposed Motion to Compel. Signed by Magistrate Judge James P. O'Hara on 3/1/2018. (srj) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
72

MOTION for extension of time by Plaintiffs Ashley Huff, Gregory L. Rapp. (referred to Magistrate Judge James P. O'Hara) (Kronawitter, Joseph) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
73

JOINT STATUS REPORT by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
74

ORDER granting 72 motion for extension of expert-discovery deadlines. Defendants have indicated they do not oppose the motion. The new deadlines are as follows: April 13, 2018, for plaintiffs' expert disclosures; June 15, 2018, for defendants' expert disclosures; July13, 2018, for plaintiffs' rebuttal expert disclosures. Signed by Magistrate Judge James P. O'Hara on 3/2/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
75

MEMORANDUM AND ORDER granting 29 Motion to Dismiss Count I of Complaint, or in the Alternative for Summary Judgment; Count I of Plaintiff's Complaint is dismissed with prejudice. IT IS FURTHER ORDERED BY THE COURT that Defendant Securus Technologies' 31 Motion to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) is granted in part and denied in part. Defendant's motion is granted as it relates to Plaintiffs' Count I claim, denied as it relates to Plaintiffs' Counts II and III wiretap interception claims, and granted as it relates to Plaintiffs' Counts II and III wiretap disclosure claims. Signed by Chief District Judge Julie A Robinson on 3/2/18. (kao) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
76

CERTIFIED MAIL RECEIPT returned re 68 Order on Motion to Intervene addressed to Tywan A. Poole. (tvn) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
77

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
78

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
79

MOTION for attorney Joshua P. Martin to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4470493.) by Defendant Securus Technologies, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Concannon, Taylor) (Entered: 05/02/2018)

1 Exhibit A

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2 Exhibit B

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May 2, 2018

May 2, 2018

PACER
80

ORDER granting 79 Motion to Appear Pro Hac Vice of Joshua P. Martin for Securus Technologies, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 05/03/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

PACER
81

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
82

Unopposed MOTION to Amend Scheduling Order and for Extension of Time by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Meltzer, Hal) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
83

ORDER granting 82 unopposed motion for extension of time until August 1, 2018, for defendant CoreCivic to designate its expert witnesses regarding class certification. Although not addressed by the parties, extending this deadline forces the extension of other scheduling-order deadlines. The new deadline for rebuttal expert disclosures regarding class certification is August 20, 2018. The new deadline for the completion of discovery regarding class certification is also August 20, 2018. The deadlines for class-certification and Daubert motions, and their related briefings, remain unchanged. Signed by Magistrate Judge James P. O'Hara on 6/7/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
84

Unopposed MOTION for Leave to file /Depose Gregory Rapp by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Meltzer, Hal) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
85

CERTIFICATE OF SERVICE of Production of Documents by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
86

ORDER granting 84 unopposed motion for leave to depose Gregory Rapp. Signed by Magistrate Judge James P. O'Hara on 6/14/2018. (srj) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
87

ENTRY OF APPEARANCE by Thomas G. Kokoruda on behalf of CoreCivic, Inc. (Kokoruda, Thomas) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
88

ENTRY OF APPEARANCE by Lauren E. Tucker McCubbin on behalf of CoreCivic, Inc.. (Tucker McCubbin, Lauren) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
89

ENTRY OF APPEARANCE by Amy D. Fitts on behalf of CoreCivic, Inc. (Fitts, Amy) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
90

STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
91

CERTIFICATE OF SERVICE of Supplemental Rule 26(a)(1) Disclosures and Supplemental Responses to First Request for Production by CoreCivic, Inc.. (Meltzer, Hal) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
92

JOINT MOTION FOR TEMPORARY STAY by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Tucker McCubbin, Lauren) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
93

JOINT STATUS REPORT Joint by Ashley Huff, Gregory L. Rapp. (Kronawitter, Joseph) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
94

ORDER granting 92 joint motion to temporarily stay the case while the parties attempt to reach a settlement. The deadlines set in the scheduling order (ECF No. 22, as amended by ECF No. 83) are vacated. Should the parties fail to resolve the case by October 1, 2018, they are ordered to submit a jointly proposed amended scheduling order to the undersigned's chambers by that date. Signed by Magistrate Judge James P. O'Hara on 8/2/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
95

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Taylor Concannon as to Securus Technologies, Inc. (Concannon, Taylor) ** This Notice of Withdrawal is not in compliance with Local Rule 83.5.5(b) and therefore this attorney will not be withdrawn. Counsel may file a Certificate of Service of this Notice upon his actual clients (not attorneys of record) in order to be withdrawn.** (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
96

CERTIFICATE OF SERVICE of Notice of Withdrawal to Securus Technologies, Inc. by Securus Technologies, Inc. re 95 Notice of Withdrawal of Appearance. (Jacob, Tessa) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
97

Joint MOTION to Stay Deadlines /Extend the Temporary Stay by Defendant CoreCivic, Inc. (referred to Magistrate Judge James P. O'Hara) (Tucker McCubbin, Lauren) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Former detainees at Leavenworth Detention Center (a private detention center in Kansas) whose attorney-client telephone calls had been intercepted on behalf of a class of all detainees at that facility whose attorney-client calls had been intercepted between June 1, 2014 and June 19, 2017.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Securus Technologies, Inc., Private Entity/Person

CoreCivic, Inc, Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,450,000

Issues

General:

Access to lawyers or judicial system

Confidentiality

Phone

Search policies

Type of Facility:

Non-government for profit