Case: Cedillo v. Transcor America LLC

3:13-cv-00869 | U.S. District Court for the Middle District of Tennessee

Filed Date: April 8, 2013

Clearinghouse coding complete

Case Summary

On April 8, 2013, pretrial detainees and unnamed members of the certified class in Schilling v. TransCor America, LLC, who did not settle with its named class members, filed this complaint in U.S. District Court for the Northern District of California. Schilling is also available in this Clearinghouse. The plaintiffs sued TransCor and Does 1-100 (unnamed TransCor employees) under 42 U.S.C. §§ 1983 and 1988. TransCor is a company owned by Corrections Corporation of America which transports pretr…

On April 8, 2013, pretrial detainees and unnamed members of the certified class in Schilling v. TransCor America, LLC, who did not settle with its named class members, filed this complaint in U.S. District Court for the Northern District of California. Schilling is also available in this Clearinghouse. The plaintiffs sued TransCor and Does 1-100 (unnamed TransCor employees) under 42 U.S.C. §§ 1983 and 1988. TransCor is a company owned by Corrections Corporation of America which transports pretrial detainees and prisoners throughout the United States for federal, state, and local governments. The plaintiffs, represented by private counsel, had been transported by TransCor on behalf or local and/or state governments. The plaintiffs claimed that TransCor transported them sitting in vehicles, in full restraints including handcuffs, leg irons, waist chains, black boxes and connector chains for more that 59, 67, or 95 continuous hours, such that they were unable to sit down, stretch their limbs, or sleep. They were also deprived of exercise, hygiene, and medical care. The plaintiffs claimed that these conditions violated their Fourth, Eighth, and Fourteenth Amendment rights to be free from unlawful conditions of confinement, use of excessive force, and cruel and unusual punishment, as well as other civil rights under the California Bane Civil Rights Act. They requested declaratory and injunctive relief to stop the plaintiff from transporting people in this way, certification as a class, as well as compensatory and punitive damages.

On May 24, 2013, Judge Susan Illston issued a notice that this suit was related to the Schilling case and would be reassigned to her. TransCor moved for a venue transfer to the Middle District of Tennessee. On August 27, 2013, Judge Illston granted that motion finding that while either venue was generally proper, Tennessee was more convenient as the location of TransCor's headquarters, non-party witnesses, and relevant documents.

This case was transferred to the Middle District of Tennessee on August 29, 2013 and assigned to Judge Kevin H. Sharp. On October 31, 2013, TransCor filed a memorandum in support of its motion for judgment on the pleadings. 2013 WL 11429181. They argued that it would be inefficient for the court to hear this claim because it was brought by members of the Cedillo class, whose claim had arguably already been resolved to an extent, about issues that could or should have been brought in that case. They also argued that some of the individual class members' claims should be dismissed because they were barred by one-year statute of limitations applicable to federal civil rights claims heard in courts in Tennessee. The plaintiffs filed their response in opposition to the motion in November 2013.

Almost two years later, on September 16, 2015, Judge Sharp granted in part and denied in part TransCor's motion for judgment on the pleadings. He dismissed the class claims, finding that they had already been litigated in the Schilling case in Judge Illston's partial grant for summary judgment. ("[A]llowing Plaintiffs a second bite at the apple would be inappropriate.") 2012 WL 3257659. Specifically, he reiterated Judge Illston's holding that while on a class-wide basis, the fact that class members were transported, restrained, and denied overnight sleep in a bed for 24 hours did not amount to a constitutional violation, she found that individual prisoners who were detained for longer periods or in different conditions with specific injuries could still seek relief. Judge Sharp held that that judgment was binding on all class members, even though the Schilling class was so broadly defined (detained for over 24 hours) so as to preclude the sub-classes in this litigation (detained for over 59, 67, or 95 hours) from obtaining relief as a class. With respect to the statute of limitations issue, he found that the applicable statute of limitations for each plaintiff’s claim was the law of the state in which the plaintiff’s trip with TransCor terminated and that the clock on these limitations had paused or tolled with the Schilling litigation. Under this analysis, he determined that all of the individual plaintiff's claims were not time-barred except for one plaintiff.

Within a month of Judge Sharp's decision, that one plaintiff who had a time-barred claim appealed the court's dismissal of his individual claims to the U.S. Court of Appeals for the Sixth Circuit. On December 2, 2015, the Sixth Circuit dismissed the claim at his request.

On January 22, 2016, the parties informed the court that they were discussing a possible settlement. On March 2, 2016, they informed the court that these settlement discussions had not been fruitful and requested the assistance of a magistrate judge. They also discussed potential limits on discovery if the litigation continued and remained sharply divided on whether discovery should be allowed with respect to identifying Does 1 -100, TransCor employees who were responsible for the named plaintiffs' care.

On March 24, 2016, the case was referred to Magistrate Judge Joe B. Brown. On March 31, 2016 and again on April 19, 2016, the parties held a conference with Judge Brown but were unable to come to an agreement. On June 9, 2016, Judge Brown issued a protective order to restrict information that pertained to specific business interests of TransCor. In June 2016, the parties began to share information with each other pursuant to their discovery agreement.

On January 10, 2017, the parties filed a notice of settlement with the court. The parties did not file any settlement documents with the court, but instead later asked Judge Sharp to dismiss the case with prejudice. On March 13, 2017, Judge Sharp dismissed the case and it is now closed.

Summary Authors

Veronica Portillo Heap (10/15/2018)

Related Cases

Schilling v. TransCor America LLC, Northern District of California (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4383600/parties/cedillo-v-transcor-america-llc/


Judge(s)

Brown, Joe B. (Tennessee)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Johnston, Douglas S. (Tennessee)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Snell, Karen L. (California)

Attorneys(s) for Defendant

Callen, Jason (Tennessee)

Coble, Lauren Patten (Tennessee)

Fayard, Gregory T. (California)

Lewis, David C. (Arizona)

Judge(s)

Brown, Joe B. (Tennessee)

Sharp, Kevin Hunter (Tennessee)

Attorneys(s) for Plaintiff

Johnston, Douglas S. (Tennessee)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Snell, Karen L. (California)

Attorneys(s) for Defendant

Callen, Jason (Tennessee)

Coble, Lauren Patten (Tennessee)

Fayard, Gregory T. (California)

Lewis, David C. (Arizona)

Nguyen, Amy L. (Arizona)

Patten, Lauren (Tennessee)

Polly, Erin Palmer (Tennessee)

Struck, Daniel Patrick (Arizona)

Vance, Natalie P. (California)

Welborn, Joseph F III (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

March 14, 2017 Docket
1

Complaint

U.S. District Court for the Northern District of California

April 8, 2013 Complaint
55

Memorandum of Points and Authorities in Support of Defendant Transcor's Motion for Judgment on the Pleadings

Oct. 31, 2013 Pleading / Motion / Brief
61

Memorandum

131 F.Supp.3d 734

Sept. 16, 2015 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4383600/cedillo-v-transcor-america-llc/

Last updated May 20, 2022, 4:58 a.m.

ECF Number Description Date Link
1

COMPLAINT against Transcor America, LLC (Filing fee $350, receipt number 34611084925). Filed byJohn Roussel, John Greenemeier, Justin Wright, Alonzo Cleaves, Ruben Cedillo, Craig Arno, Leonard Hugall, Terry Houston. (Attachments: # 1 Civil Cover Sheet)(kc, COURT STAFF) (Filed on 4/8/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 04/10/2013)

1 Civil Cover Sheet

View on PACER

April 8, 2013 RECAP
2

Summons Issued as to Transcor America, LLC. (kc, COURT STAFF) (Filed on 4/8/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 04/10/2013)

April 8, 2013 PACER
3

Ex Parte Application /Administrative Motion to Reclassify Case filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright. (Attachments: # 1 Civil Cover Sheet AMENDED Civil Cover Sheet, # 2 Proposed Order)(Schwartz, Andrew) (Filed on 4/24/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 04/24/2013)

1 Civil Cover Sheet AMENDED Civil Cover Sheet

View on PACER

2 Proposed Order

View on PACER

April 24, 2013 PACER
4

ORDER by Judge Yvonne Gonzalez Rogers granting 3 Ex Parte Application to reclassify action as a "(440)Other Civil Rights" case as reflected on Plaintiff's Amended Civil Case Coversheet. (fs, COURT STAFF) (Filed on 4/30/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 04/30/2013)

April 30, 2013 PACER
5

WAIVER OF SERVICE Returned Executed filed by Ruben Cedillo. Service waived by All Defendants. (Schwartz, Andrew) (Filed on 5/9/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 05/09/2013)

May 9, 2013 PACER
6

ORDER RELATING CASE(s): C-08-0941 SI Schilling vs Transcor America LLC et al and C-13-1580 YGR Cedillo et al vs Transcor America LLC. Signed by Judge Susan Illston on 5/21/13. (tlS, COURT STAFF) (Filed on 5/24/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 05/24/2013)

May 24, 2013 PACER
7

CLERKS NOTICE Initial Case Management Conference set for 8/30/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco. This is a docket text entry only, there is no document associated with this notice.(tfS, COURT STAFF) (Filed on 5/29/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 05/29/2013)

May 29, 2013 PACER
8

JUDGE ILLSTON'S STANDING ORDER (tfS, COURT STAFF) (Filed on 5/29/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 05/29/2013)

May 29, 2013 RECAP
9

CERTIFICATE OF SERVICE by Ruben Cedillo re 8 Order PLAINTIFFS' NOTICE OF SERVICE OF CASE MANAGEMENT CONFERENCE, & CASE MANAGEMENT ORDER (Schwartz, Andrew) (Filed on 6/3/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/03/2013)

June 3, 2013 PACER
10

MOTION for leave to appear in Pro Hac Vice of Daniel P. Struck ( Filing fee $ 305, receipt number 0971-7803128.) filed by Transcor America, LLC. (Struck, Daniel) (Filed on 6/26/2013) Modified on 6/27/2013 (ysS, COURT STAFF). [Transferred from California Northern on 8/29/2013.] (Entered: 06/26/2013)

June 26, 2013 PACER
11

ORDER by Judge Susan Illston granting 10 Motion for Pro Hac Vice (tfS, COURT STAFF) (Filed on 6/27/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/27/2013)

June 27, 2013 RECAP
12

ANSWER to Complaint byTranscor America, LLC. (Vance, Natalie) (Filed on 6/28/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/28/2013)

June 28, 2013 PACER
13

DEMAND for Trial by Jury by Transcor America, LLC. (Vance, Natalie) (Filed on 6/28/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/28/2013)

June 28, 2013 PACER
14

Certificate of Interested Entities by Transcor America, LLC identifying Other Affiliate CCA of Tennessee, LLC, Other Affiliate Corrections Corporation of America for Transcor America, LLC. (Vance, Natalie) (Filed on 6/28/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/28/2013)

June 28, 2013 PACER
15

MOTION to Transfer Case filed by Transcor America, LLC. Motion Hearing set for 8/30/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 7/12/2013. Replies due by 7/19/2013. (Vance, Natalie) (Filed on 6/28/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 06/28/2013)

June 28, 2013 PACER
16

STIPULATION WITH PROPOSED ORDER re 15 MOTION to Transfer Case RE: extend time for briefing schedule filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright. (Schwartz, Andrew) (Filed on 7/2/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 07/02/2013)

July 2, 2013 PACER
17

ORDER by Judge Susan Illston granting 16 Stipulation Pursuant to Civil Local Rules 6-2 and 7-12, the parties to the above-entitled actionhereby stipulate to extend the time for filing Plaintiffs Opposition to Defendant TransCorAmerica, LLCs Motion to Transfer Venue to July 31, 2013, and to extend the time for filingDefendant TransCor America, LLCs Reply in Support of Motion to Transfer Venue to August16, 2013. (tfS, COURT STAFF) (Filed on 7/3/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 07/03/2013)

July 3, 2013 PACER
18

RESPONSE (re 15 MOTION to Transfer Case ) filed byCraig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright. (Attachments: # 1 Declaration [of] Karen Snell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Schwartz, Andrew) (Filed on 7/31/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 07/31/2013)

1 Declaration [of] Karen Snell

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

9 Exhibit H

View on PACER

10 Exhibit I

View on PACER

11 Exhibit J

View on PACER

12 Exhibit K

View on PACER

July 31, 2013 PACER
19

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7914348.) filed by Transcor America, LLC. (Lewis, David) (Filed on 8/9/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 08/09/2013)

Aug. 9, 2013 PACER
20

STIPULATION WITH PROPOSED ORDER re 7 Clerks Notice (to Continue Case Management Conference set for August 30, 2013) filed by Transcor America, LLC. (Struck, Daniel) (Filed on 8/9/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 08/09/2013)

Aug. 9, 2013 PACER
21

ORDER by Judge Susan Illston granting 19 Motion for Pro Hac Vice (tfS, COURT STAFF) (Filed on 8/13/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 08/13/2013)

Aug. 13, 2013 PACER
22

ORDER: Initial Case Management Conference set for 8/30/13 is continued to 10/11/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 8/13/13., Motions terminated: 20 STIPULATION WITH PROPOSED ORDER re 7 Clerks Notice (to Continue Case Management Conference set for August 30, 2013) filed by Transcor America, LLC. (tfS, COURT STAFF) (Filed on 8/13/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 08/13/2013)

Aug. 13, 2013 RECAP
23

REPLY (re 15 MOTION to Transfer Case ) filed byTranscor America, LLC. (Attachments: # 1 Exhibit A - 2nd Affidavit of James Crouch)(Struck, Daniel) (Filed on 8/16/2013) [Transferred from California Northern on 8/29/2013.] (Entered: 08/16/2013)

1 Exhibit A - 2nd Affidavit of James Crouch

View on PACER

Aug. 16, 2013 PACER
24

ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE to the Middle District of Tennessee re 15 . (Illston, Susan) (Filed on 8/27/2013) Modified on 8/28/2013 (ysS, COURT STAFF). [Transferred from California Northern on 8/29/2013.] (Entered: 08/27/2013)

Aug. 27, 2013 RECAP
25

Case transferred in from the District of California Northern; Case Number 3:13-cv-01580. Original file certified copy of transfer order and docket sheet received. (Entered: 08/29/2013)

Aug. 29, 2013 PACER
26

NOTICE of Initial Case Management Conference set for 10/28/2013 at 11:00 AM in Courtroom 783 before Magistrate Judge Joe Brown. (afs) (Main Document 26 replaced on 9/4/2013) (afs). (Entered: 09/04/2013)

Sept. 4, 2013 PACER
27

ORDER: This case has recently been transferred to this district from the Northern District of California (Docket Entry 25 ). This matter is RESET for a case management conference for Wednesday,September 25, 2013, at 1:30 p.m in Courtroom 783 before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 9/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la) (Entered: 09/05/2013)

Sept. 4, 2013 PACER
28

NOTICE of Appearance by Douglas S. Johnston, Jr on behalf of Ruben Cedillo (Johnston, Douglas) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
29

NOTICE of Appearance by Joseph F. Welborn, III on behalf of Transcor America, LLC (Welborn, Joseph) (Entered: 09/10/2013)

Sept. 10, 2013 PACER
30

MOTION for attorney(s) David C. Lewis to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Transcor America, LLC. (Attachments: # 1 Attachment Certificate of Good Standing)(Welborn, Joseph) (Entered: 09/10/2013)

1 Attachment Certificate of Good Standing

View on PACER

Sept. 10, 2013 PACER
31

MOTION for attorney(s) Daniel P. Struck to Appear Pro Hac Vice (Fee not paid-due within 20 days) by Transcor America, LLC. (Attachments: # 1 Attachment Certificate of Good Standing)(Welborn, Joseph) (Entered: 09/10/2013)

1 Attachment Certificate of Good Standing

View on PACER

Sept. 10, 2013 PACER
32

CERTIFICATE of Service filed by Transcor America, LLC re 30 MOTION for attorney(s) David C. Lewis to Appear Pro Hac Vice (Fee not paid-due within 20 days) filed by Transcor America, LLC, 31 MOTION for attorney(s) Daniel P. Struck to Appear Pro Hac Vice (Fee not paid-due within 20 days) filed by Transcor America, LLC. (Welborn, Joseph) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
33

MOTION for attorney(s) Daniel P. Struck to Appear Pro Hac Vice (Fee paid) by Transcor America, LLC. (la) (Entered: 09/13/2013)

Sept. 12, 2013 PACER
38

RECEIPT #34675028253 in the amount of $150 posted by Transcor America, LLC re 35 David L. Lewis' Motion to Appear Pro Hac Vice, and 33 Daniel P. Struck's Motion to Appear Pro Hac Vice. (la) (Entered: 09/16/2013)

Sept. 12, 2013 PACER
34

CERTIFICATE OF GOOD STANDING of Attorney Daniel Patrick Struck from the Supreme Court of Arizona filed by Transcor America, LLC. (la) (Entered: 09/13/2013)

Sept. 12, 2013 PACER
35

MOTION for attorney David C. Lewis to Appear Pro Hac Vice (Fee paid) by Transcor America, LLC. (la) (Entered: 09/13/2013)

Sept. 12, 2013 PACER
36

CERTIFICATE OF GOOD STANDING of Attorney Daniel Conley Lewis from the Supreme Court of Arizona filed by Transcor America, LLC. (la) (Entered: 09/13/2013)

Sept. 12, 2013 PACER
37

CERTIFICATE of Service filed by Transcor America, LLC re 35 MOTION for attorney(s) David C. Lewis to Appear Pro Hac Vice (Fee not paid-due within 20 days) filed by Transcor America, LLC, 33 MOTION for attorney(s) Daniel P. Struck to Appear Pro Hac Vice (Fee not paid-due within 20 days) filed by Transcor America, LLC. (Welborn, Joseph) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
39

ORDER finding as moot 30 Motion for to Appear Pro Hac Vice (Brown, Joe) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
40

ORDER finding as moot 31 Motion for to Appear Pro Hac Vice (Brown, Joe) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
41

ORDER granting 33 Motion for Daniel P. Struck to Appear Pro Hac Vice (Brown, Joe) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
42

ORDER granting 35 Motion for David C. Lewis to Appear Pro Hac Vice (Brown, Joe) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
43

MOTION for attorney(s) Mark E. Merin to Appear Pro Hac Vice (Fee paid) by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
44

CERTIFICATE OF GOOD STANDING of Attorney Mark E. Merin from the United States District Court for the Northern District of CA filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
45

MOTION for attorney(s) Andrew C. Schwartz to Appear Pro Hac Vice (Fee paid) by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
46

CERTIFICATE OF GOOD STANDING of Attorney Andrew Charles Schwartz from the United States District Court for the Northern District of CA filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
47

MOTION for attorney(s) Karen L. Snell to Appear Pro Hac Vice (Fee paid) by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
48

CERTIFICATE OF GOOD STANDING of Attorney Karen L. Snell from the United States District Court of Northern District of CA filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, and Justin Wright. (la) (Entered: 09/17/2013)

Sept. 16, 2013 PACER
49

ORDER granting 43 Motion for Mark E. Merin to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 9/18/13. (la) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
50

ORDER granting 45 Motion for Andrew C. Schwartz to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 9/18/13. (la) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
51

ORDER granting 47 Motion for Karen L. Snell to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 9/18/13. (la) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
52

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 9/25/2013. ICMO to enter. (Tape: 25sep2013) (rd) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
53

INITIAL CASE MANAGEMENT ORDER Signed by Magistrate Judge Joe Brown on 10/8/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/09/2013)

Oct. 8, 2013 RECAP
54

MOTION for Judgment on the Pleadings by Transcor America, LLC. (Struck, Daniel) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
55

MEMORANDUM in Support of 54 MOTION for Judgment on the Pleadings filed by Transcor America, LLC . (Attachments: # 1 Exhibit Complaint filed in Schilling v. TransCor CV 08-941 in USDC, N.D. CA, # 2 Exhibit Schilling v. TransCor, 2012 WL 2792688 (N.D.Cal. July 9, 2012), # 3 Exhibit Schilling v. TransCor Joint Case Management Plan filed 03/20/2009, # 4 Exhibit Schilling v. TransCor Order Denying Motion for Clarification and Class Decertification dated 07/09/2012, # 5 Exhibit Schilling v. TransCor Agreed Notice of Pendency of Class Action dated 03/12/2010, # 6 Exhibit Schilling v. TransCor - Order granting Defendants' Motion for Partial Summary Judgment dated 08/08/2012, # 7 Exhibit Schilling v. TransCor - Plaintiff's Motion to Amend Class Certification dated 09/04/2012, # 8 Exhibit Schilling v. TransCor - Order on Plaintiff's Motion to Amend dated 10/11/2012, # 9 Exhibit Schilling v. TransCor - Order Approving Plan to Provide Class Notice dated 12/12/2012, # 10 Exhibit Schilling v. TransCor - Defendants' Notice of Intent to Argue Resumption of Statute of Limitations on August 8, 2012 for Future Claims dated 11/02/2012, # 11 Exhibit PLN Article Jan. 2013, # 12 Exhibit Schilling v. TransCor - Civil Minutes of Settlement Conference held 01/10/2013, # 13 Exhibit Schilling v. TransCor Order of Dismissal Upon Settlement filed 01/31/2013, # 14 Exhibit Schilling v. TransCor Stipulated Request for Amendment of Order of Dismissal Upon Settlement filed 04/04/2013, # 15 Attachment WL Case: Madani v. Shell Oil Co., # 16 Attachment WL Case: Myers v. TransCor America, # 17 Attachment WL Case: Waller v. TransCor America, # 18 Attachment WL Case: Zanzucchi v. Wynberg, # 19 Attachment WL Case: Juliano v. Camden County Department of Corrections, # 20 Attachment WL Case: Jensen v. Jorgenson, # 21 Attachment WL Case: Pratt v. Grayhound Lines, Inc.)(Struck, Daniel) (Entered: 10/31/2013)

1 Exhibit Complaint filed in Schilling v. TransCor CV 08-941 in USDC, N.D. CA

View on PACER

2 Exhibit Schilling v. TransCor, 2012 WL 2792688 (N.D.Cal. July 9, 2012)

View on PACER

3 Exhibit Schilling v. TransCor Joint Case Management Plan filed 03/20/2009

View on PACER

4 Exhibit Schilling v. TransCor Order Denying Motion for Clarification and Class D

View on PACER

5 Exhibit Schilling v. TransCor Agreed Notice of Pendency of Class Action dated 03

View on PACER

6 Exhibit Schilling v. TransCor - Order granting Defendants' Motion for Parti

View on PACER

7 Exhibit Schilling v. TransCor - Plaintiff's Motion to Amend Class Certifica

View on PACER

8 Exhibit Schilling v. TransCor - Order on Plaintiff's Motion to Amend dated

View on PACER

9 Exhibit Schilling v. TransCor - Order Approving Plan to Provide Class Notice dat

View on PACER

10 Exhibit Schilling v. TransCor - Defendants' Notice of Intent to Argue Resum

View on PACER

11 Exhibit PLN Article Jan. 2013

View on PACER

12 Exhibit Schilling v. TransCor - Civil Minutes of Settlement Conference held 01/1

View on PACER

13 Exhibit Schilling v. TransCor Order of Dismissal Upon Settlement filed 01/31/201

View on PACER

14 Exhibit Schilling v. TransCor Stipulated Request for Amendment of Order of Dismi

View on PACER

15 Attachment WL Case: Madani v. Shell Oil Co.

View on PACER

16 Attachment WL Case: Myers v. TransCor America

View on PACER

17 Attachment WL Case: Waller v. TransCor America

View on PACER

18 Attachment WL Case: Zanzucchi v. Wynberg

View on PACER

19 Attachment WL Case: Juliano v. Camden County Department of Corrections

View on PACER

20 Attachment WL Case: Jensen v. Jorgenson

View on PACER

21 Attachment WL Case: Pratt v. Grayhound Lines, Inc.

View on PACER

Oct. 31, 2013 PACER
56

NOTICE by Transcor America, LLC regarding service of Transcor's Responses to Plaintiffs' First Set of Requests for Production (Struck, Daniel) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
57

RESPONSE in Opposition re 54 MOTION for Judgment on the Pleadings filed by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright. (Attachments: # 1 Attachment Declaration of Andrew C. Schwartz, # 2 Exhibit Exh. A, # 3 Exhibit Exh. B, # 4 Exhibit Exh. C, # 5 Exhibit Exh. D, # 6 Exhibit Exh. E, # 7 Exhibit Exh. F, # 8 Exhibit Exh. G, # 9 Exhibit Exh. H, # 10 Exhibit Exh. I, # 11 Exhibit Exh. J, # 12 Exhibit Exh. K, # 13 Exhibit Exh. L, # 14 Exhibit Exh. M, # 15 Exhibit Exh. N, # 16 Exhibit Exh. O, # 17 Exhibit Exh. P, # 18 Exhibit Exh. Q, # 19 Exhibit Exh. R, # 20 Exhibit Exh. S)(Schwartz, Andrew) (Entered: 11/26/2013)

1 Attachment Declaration of Andrew C. Schwartz

View on PACER

2 Exhibit Exh. A

View on PACER

3 Exhibit Exh. B

View on PACER

4 Exhibit Exh. C

View on PACER

5 Exhibit Exh. D

View on PACER

6 Exhibit Exh. E

View on PACER

7 Exhibit Exh. F

View on PACER

8 Exhibit Exh. G

View on PACER

9 Exhibit Exh. H

View on PACER

10 Exhibit Exh. I

View on PACER

11 Exhibit Exh. J

View on PACER

12 Exhibit Exh. K

View on PACER

13 Exhibit Exh. L

View on PACER

14 Exhibit Exh. M

View on PACER

15 Exhibit Exh. N

View on PACER

16 Exhibit Exh. O

View on PACER

17 Exhibit Exh. P

View on PACER

18 Exhibit Exh. Q

View on PACER

19 Exhibit Exh. R

View on PACER

20 Exhibit Exh. S

View on PACER

Nov. 26, 2013 PACER
58

NOTICE of Filing by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright re 57 Response in Opposition to Motion,, RESUBMITTING EXHIBITS A-S WITH REQUIRED DESCRIPTION (Attachments: # 1 Exhibit A: Unreported case of Schilling v. TransCor, # 2 Exhibit B: Transcor's response to Plaintiff's Motion to Amend Class Certification Order Re Schilling v. TransCor, # 3 Exhibit C: First Amended Class Action Complaint Re Schilling v. TransCor, # 4 Exhibit D: TransCor's Response to Motion for Partial MSJ/Cross-Motion for Partial MSJ Re Schilling v TransCor, # 5 Exhibit E: Plaintiff's Motion for Class Cert Re Schilling v TransCor, # 6 Exhibit F: Response & Oppo to Mtn for Class Cert Re Schilling v TransCor, # 7 Exhibit G: 9th Circuit Order Denying Petition to Appeal Re Schilling v Transcor, # 8 Exhibit H: Supreme Court Order Denying Writ of Certiorari re Schilling v. TransCor, # 9 Exhibit I: Defendant's Motion for Clarification & Class Decertification, # 10 Exhibit J: Plaintiffs Schilling Motion for Partial Summary Judgment against TransCor, # 11 Exhibit K: Plaintiffs Schilling Motion to Amend Class Cert Order, # 12 Exhibit L: Civil Minutes 12-3-12 Re Schilling v TransCor, # 13 Exhibit M: Order Approving Plan to Provide Class Notice Re Schilling v TransCor, # 14 Exhibit N: Hayes v General Motors, # 15 Exhibit O: Buefort v County of cook, # 16 Exhibit P: Unreported case of Vestal v Shiley, # 17 Exhibit Q: Unreported case of Aslani v Sparrow Health Systems, # 18 Exhibit R: Unreported case of Barroso v New Jersey Transit, # 19 Exhibit S: Laudman v Padula)(Schwartz, Andrew) (Entered: 12/03/2013)

1 Exhibit A: Unreported case of Schilling v. TransCor

View on PACER

2 Exhibit B: Transcor's response to Plaintiff's Motion to Amend Class Ce

View on PACER

3 Exhibit C: First Amended Class Action Complaint Re Schilling v. TransCor

View on PACER

4 Exhibit D: TransCor's Response to Motion for Partial MSJ/Cross-Motion for P

View on PACER

5 Exhibit E: Plaintiff's Motion for Class Cert Re Schilling v TransCor

View on PACER

6 Exhibit F: Response & Oppo to Mtn for Class Cert Re Schilling v TransCor

View on PACER

7 Exhibit G: 9th Circuit Order Denying Petition to Appeal Re Schilling v Transcor

View on PACER

8 Exhibit H: Supreme Court Order Denying Writ of Certiorari re Schilling v. TransC

View on PACER

9 Exhibit I: Defendant's Motion for Clarification & Class Decertification

View on PACER

10 Exhibit J: Plaintiffs Schilling Motion for Partial Summary Judgment against Tran

View on PACER

11 Exhibit K: Plaintiffs Schilling Motion to Amend Class Cert Order

View on PACER

12 Exhibit L: Civil Minutes 12-3-12 Re Schilling v TransCor

View on PACER

13 Exhibit M: Order Approving Plan to Provide Class Notice Re Schilling v TransCor

View on PACER

14 Exhibit N: Hayes v General Motors

View on PACER

15 Exhibit O: Buefort v County of cook

View on PACER

16 Exhibit P: Unreported case of Vestal v Shiley

View on PACER

17 Exhibit Q: Unreported case of Aslani v Sparrow Health Systems

View on PACER

18 Exhibit R: Unreported case of Barroso v New Jersey Transit

View on PACER

19 Exhibit S: Laudman v Padula

View on PACER

Dec. 3, 2013 PACER
59

REPLY to Response to Motion re 54 MOTION for Judgment on the Pleadings filed by Transcor America, LLC. (Struck, Daniel) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
60

NOTICE of Change of Address by Douglas S. Johnston, Jr (Johnston, Douglas) (Entered: 07/08/2014)

July 8, 2014 PACER
61

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 9/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

Sept. 16, 2015 RECAP
62

ORDER: Pending before the Court is Defendant TransCor America, LLC's Motion for Judgment on the Pleadings (Docket No. 54 ) ("Motion"). For the reasons explained in the accompanying Memorandum, the Court GRANTS IN PART and DENIES IN PART Defendant's Motion. Signed by Chief Judge Kevin H. Sharp on 9/16/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 09/16/2015)

Sept. 16, 2015
63

ORDER: A case management conference with Magistrate Judge Brown to is set for Wednesday, October 14, 2015, at 10:00 a.m., Courtroom 783. Signed by Magistrate Judge Joe Brown on 9/17/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 09/17/2015)

Sept. 17, 2015
64

ORDER: At the request of counsel, the Case Management Conference currently set on Wednesday, October 14, 2015, is hereby reset for 10:00 a.m. on Thursday, October 22, 2015. Signed by Magistrate Judge Joe Brown on 9/30/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 09/30/2015)

Sept. 30, 2015
65

NOTICE OF APPEAL as to 61 Memorandum Opinion of the Court, 62 Order on Motion for Judgment on the Pleadings, by Terry Houston. Filing fee $ 505, receipt number 0650−2078650. (Merin, Mark) (Entered: 10/16/2015)

Oct. 16, 2015
66

ORDER: Accordingly, the Magistrate Judge will cancel the present case management conference set for October 22nd. The parties are directed to notify the Magistrate Judge on or before January 22, 2015, of the progress of their settlement discussions. Signed by Magistrate Judge Joe Brown on 10/19/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 10/20/2015)

Oct. 19, 2015

USCA Case Number 15−6168 − Jeanine R. Hance, Case Manager, for 65 Notice of Appeal filed by Terry Houston. (afs) (Entered: 10/21/2015)

Oct. 21, 2015
67

MOTION for attorney(s) Amy L. Nguyen to Appear Pro Hac Vice (Fee not paid−due within 20 days) by Transcor America, LLC. (Attachments: # 1 Attachment Certificate of Good Standing)(Welborn, Joseph) (Entered: 11/12/2015)

Nov. 12, 2015

BAR STATUS for Attorney, Amy L. Nguyen of AZ, verified as active on this date. (afs) (Entered: 11/13/2015)

Nov. 13, 2015
68

RECEIPT #34675038851 in the amount of $75 posted by Transcor America, LLC re 67 Motion to Appear Pro Hac Vice. (afs) (Entered: 11/17/2015)

Nov. 16, 2015
69

ORDER granting 67 Motion for Amy L. Nguyen to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 11/18/15. (rd) (Entered: 11/18/2015)

Nov. 18, 2015
70

ORDER of USCA: It is ORDERED that the motion is GRANTED and the appeal is dismissed. (afs) (Entered: 12/02/2015)

Dec. 2, 2015
71

STATUS REPORT Re Settlement Negotiations by Transcor America, LLC. (Struck, Daniel) (Entered: 01/22/2016)

Jan. 22, 2016
72

ORDER: The parties have provided a status report 71 stating that they are still in serious settlement negotiations. In view of their request for an additional 45 days to continue settlement discussions, this matter is set for a telephone conference for March 7, 2016, at 10:00 a.m. to set deadlines for the completion of the case. To participate in the conference call, parties will call 877−873−8017 and enter Code 1958322# at the scheduled time. Signed by Magistrate Judge Joe Brown on 1/25/16. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 01/25/2016)

Jan. 25, 2016

STATUS REPORT STATUS OF SETTLEMENT NEGOTIATIONS by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, 3:13-cv-869 As of: 10/19/2018 10:43 AM CDT 10 of 12

March 2, 2016
74

CASE MANAGEMENT ORDER: Jury Trial set for 1/9/2018 at 09:00 AM in Courtroom A826 before Chief Judge Kevin H. Sharp. Pretrial Conference set for 12/18/2017 at 01:30 PM in Courtroom A826 before Chief Judge Kevin H. Sharp. Discovery due by 4/7/2017. Dispositive Motions due by 5/12/2017. Signed by Magistrate Judge Joe Brown on 3/15/16. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/15/2016)

March 15, 2016
75

ORDER: This matter has been referred to the undersigned for a judicial settlement conference with the parties 74 . A telephone conference is scheduled on Thursday, March 31, 2016, at 1:00 p.m. During this telephone conference a date and time convenient to all parties will be set. Counsel shall call 877−336−1828 and enter access code 3422454# to participate in this conference.. Signed by Magistrate Judge John S. Bryant on 3/24/16. (dt) (Entered: 03/24/2016)

March 24, 2016

Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Telephone Conference held on 3/31/2016. Order to enter setting settlement conference on April 19, 2016, at 9:30 a.m. (tm) (Entered: 03/31/2016)

March 31, 2016
76

ORDER: This matter has been referred to the undersigned Magistrate Judge for a judicial settlement conference with the parties (Docket Entry No. 74 ). Therefore, a settlement conference will be held on Tuesday, April 19, 2016, at 9:30 a.m. in Courtroom 776, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge John S. Bryant on 3/31/16. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 03/31/2016)

March 31, 2016

Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Settlement Conference held on 4/19/2016. The parties were not able to reach a settlement. (tm) (Entered: 04/19/2016)

April 19, 2016
77

ORDER: The undersigned Magistrate Judge conducted a settlement conference in this case on April 19, 2016. The parties and their respective representatives met, negotiated in good faith, but did not agree to a settlement of the claims in this case. The Clerk is directed to return this file to Magistrate Judge Brown. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 4/21/16. (af) (Entered: 04/21/2016)

April 21, 2016
78

STIPULATION /Motion for Protective Order by Transcor America, LLC. (Attachments: # 1 Attachment Proposed Protective Order)(Struck, Daniel) (Entered: 06/07/2016)

June 7, 2016
79

PROTECTIVE ORDER. Signed by Magistrate Judge Joe Brown on 6/9/16. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 06/09/2016)

June 9, 2016
80

NOTICE by Transcor America, LLC of Service of Discovery (Struck, Daniel) (Entered: 06/27/2016)

June 27, 2016
81

NOTICE of Settlement by Transcor America, LLC (Nguyen, Amy) (Entered: 01/10/2017)

Jan. 10, 2017
82

ORDER: The parties have filed a Notice of Settlement 81 in this matter. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within thirty (30) days of entry of this Order. Signed by Magistrate Judge Joe Brown on 1/11/17. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 01/12/2017)

Jan. 11, 2017
83

STIPULATION (JOINT) FOR EXTENSION OF TIME TO FILE NOTICE OF DISMISSAL by Craig Arno, Ruben Cedillo, Alonzo Cleaves, John Greenemeier, Terry Houston, Leonard Hugall, John Roussel, Justin Wright. (Schwartz, Andrew) (Entered: 02/09/2017)

Feb. 9, 2017
84

ORDER parties may have the time requested in their stipulation to file required documents to terminate this case. (Brown, Joe) (Entered: 02/09/2017)

Feb. 9, 2017
86

JOINT STIPULATION FOR EXTENSION OF TIME TO FILE NOTICE OF DISMISSAL APPROVED. Signed by Chief Judge Kevin H. Sharp on 3/10/17. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (dt) (Entered: 03/10/2017)

March 10, 2017
87

STIPULATION of Dismissal with Prejudice by Transcor America, LLC. (Struck, Daniel) (Entered: 03/13/2017)

March 13, 2017
88

ORDER: Pursuant to the Stipulation of Dismissal with Prejudice 87 filed by the parties, this action is hereby dismissed with prejudice pursuant to Rules 41(a) of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 3/14/17. (dt) (Entered: 03/14/2017)

March 14, 2017

State / Territory: Tennessee

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 8, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-trial detainees and prisoners transported by defendant, Transcor America, for periods over 59, 67, and 95 hours, in shackles and unable to stand up or sit down.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Transcor America, LLC, Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Excessive force

Pepper/OC spray

Restraints : physical

Transportation

Type of Facility:

Non-government for profit