Case: Yeh v. United States Bureau of Prisons

3:18-cv-00943 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: May 3, 2018

Closed Date: June 16, 2020

Clearinghouse coding complete

Case Summary

On May 3, 2018, a deaf individual in federal custody at Schuylkill Satellite Camp in Minersville, Pennsylvania filed this lawsuit against the Federal Bureau of Prisons. The plaintiff, represented by the National Association of the Deaf and private counsel, sued the Bureau in the United States District Court for the Middle District of Pennsylvania, under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794. Alleging that the Bureau had violated the Act by refusing to provide videophon…

On May 3, 2018, a deaf individual in federal custody at Schuylkill Satellite Camp in Minersville, Pennsylvania filed this lawsuit against the Federal Bureau of Prisons. The plaintiff, represented by the National Association of the Deaf and private counsel, sued the Bureau in the United States District Court for the Middle District of Pennsylvania, under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794. Alleging that the Bureau had violated the Act by refusing to provide videophone access. Hearing prisoners were allowed access to phones for communication with their family and friends. Because he was deaf, he could not use the phones, and the one TTY device available to him at the prison was cumbersome and frequently inaccessible. Further, TTY did not allow him to communicate in his primary language (American Sign Language). He sought a declaration that the Bureau was in violation of the Rehabilitation Act, a preliminary injunction requiring the Bureau to provide access to videophones immediately, and attorneys’ fees and costs. The case was assigned to Judge James M. Munley.

The plaintiff had previously sought administrative relief from the Department of Justice. An EEO officer issued a letter of findings determining that the TTY service provided to the plaintiff was an appropriate of the phone service provided to other prisoners. The plaintiff appealed the findings and had a hearing before an Administrative Law Judge, who upheld the EEO officer’s determination. The plaintiff again appealed, and a Complaint Adjudication Officer reversed the previous determinations, finding that TTY did not provide the plaintiff with equal participation opportunities, and further finding that the Bureau had failed to provide evidence that videophones would cause any undue administrative or financial hardship to the prison. However, the decision left the prison unlimited time to install a videophone, explaining that these “matters may take some time.” Three months later, in May 2018, the plaintiff filed this lawsuit.

After the lawsuit was filed, the Bureau began taking steps to install videophones, and the court ordered a series of status reports to track the Bureau’s progress. In June 2018, the Bureau’s Central Office provided notice to the prison that a national contract for video services had been renewed, instructing the prison to prepare, purchase, and install these videophones. On August 10, 2018, the court held a preliminary injunction hearing and heard evidence that the prison was preparing its infrastructure and computer systems to install three videophones and two monitoring stations. On November 28, 2018, the plaintiff made a phone call using the newly installed videophone at the prison.

On January 4, 2019, the court denied the motion for a preliminary injunction, noting a videophone had already been installed, and the plaintiff had access to that phone. The following month, the Bureau moved to dismiss the case as moot; the plaintiff opposed dismissal, arguing that the court should retain jurisdiction over the case because there was no guarantee that the Bureau would continue allowing the plaintiff access to the videophones. On March 25, 2019, the court stayed discovery pending resolution of the motion for dismissal. The court retained jurisdiction, and indicated that the plaintiff could seek expedited discovery or other relief in the event that the Bureau curtailed or eliminated the plaintiff’s access to videophones.

On March 27, 2019, the plaintiff renewed his opposition to dismissal, arguing that the prison still refused to commit to providing him videophone access for the remainder of his incarceration. He further argued that because the Bureau continued to insist that the Rehabilitation Act did not provide a private right of action, there was still a live controversy before the court. The court should retain jurisdiction, he argued, to ensure that he had continued access to a videophone until his release.

On May 15, 2019, Magistrate Judge Martin C. Carlson recommended that the Bureau’s motion be denied, and that the case be deferred as moot “pending completion of all aspects of [the plaintiff’s] sentence.” On August 6, 2019, District Judge Munley granted the Bureau’s motion to dismiss, ruling that the plaintiff’s claims were moot. 2019 WL 3564697.

On June 16, 2020, the court approved a settlement agreement requiring the Bureau to pay $156,000 in plaintiff attorneys’ fees.

The case is closed.

Summary Authors

Chris Pollack (4/1/2019)

Bogyung Lim (7/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6674961/parties/yeh-v-united-states-bureau-of-prisons/


Judge(s)

Carlson, Martin C. (Pennsylvania)

Munley, James Martin (Pennsylvania)

Attorneys(s) for Plaintiff

Bitencourt, Anna P (Maryland)

Stein, Mi S (District of Columbia)

Vargas, Mary C (District of Columbia)

Attorneys(s) for Defendant

Butler, Michael J. (Pennsylvania)

Euliss, Richard D (Pennsylvania)

Judge(s)

Carlson, Martin C. (Pennsylvania)

Munley, James Martin (Pennsylvania)

Attorneys(s) for Plaintiff

Bitencourt, Anna P (Maryland)

Stein, Mi S (District of Columbia)

Vargas, Mary C (District of Columbia)

Attorneys(s) for Defendant

Butler, Michael J. (Pennsylvania)

Euliss, Richard D (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

June 16, 2020 Docket
1

Complaint

May 3, 2018 Complaint
57

Report and Recommendation

Dec. 12, 2018 Magistrate Report/Recommendation
72

Memorandum Order

2019 WL 1330446

March 25, 2019 Order/Opinion
81

Memorandum

2019 WL 3564697

Aug. 6, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6674961/yeh-v-united-states-bureau-of-prisons/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons ( Filing fee $400, Receipt Number 0314-4417412), filed by John TC Yeh. (Attachments: # 1 Civil Cover Sheet)(ao) (Entered: 05/04/2018)

1 Civil Cover Sheet

View on PACER

May 3, 2018 RECAP
2

MOTION for Preliminary Injunction by John TC Yeh. (Attachments: # 1 Proposed Order)(ao) (Entered: 05/04/2018)

May 3, 2018 PACER
3

EXHIBITS A-I by John TC Yeh re 2 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit(s) B, # 2 Exhibit(s) C, # 3 Exhibit(s) D, # 4 Exhibit(s) E, # 5 Exhibit(s) F, # 6 Exhibit(s) G, # 7 Exhibit(s) H, # 8 Exhibit(s) I)(ao) (Entered: 05/04/2018)

May 3, 2018 PACER
4

Summons Issued as to Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ao) (Entered: 05/04/2018)

May 4, 2018 PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Anna P Bitencourt on behalf of John TC Yeh Attorney Anna Bitencourt Emilio is seeking special admission. Filing fee $ 50, receipt number 0314-4427821.. (Bitencourt, Anna) (Entered: 05/15/2018)

May 15, 2018 PACER

DOCKET ANNOTATION: Anna Bitencourt is active with the MD state court. (lh)

May 16, 2018 PACER
6

SUMMONS Returned Executed by John TC Yeh. United States Bureau of Prisons served on 5/8/2018, answer due 7/9/2018. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
7

SUMMONS Returned Executed by John TC Yeh. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
8

SUMMONS Returned Executed by John TC Yeh. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
9

SUMMONS Returned Executed by John TC Yeh. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
10

SUMMONS Returned Executed by John TC Yeh. Mark S. Inch served on 5/8/2018, answer due 7/9/2018. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
11

SUMMONS Returned Executed by John TC Yeh. Michael Carvajal served on 5/9/2018, answer due 7/9/2018. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
12

Summons Returned Unexecuted by John TC Yeh as to J. E. Krueger. (Attachments: # 1 Exhibit(s))(Vargas, Mary) (Entered: 06/13/2018)

June 13, 2018 PACER
13

SUMMONS Returned Executed by John TC Yeh. J. E. Krueger served on 5/7/2018, answer due 7/6/2018. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Vargas, Mary) (Entered: 06/18/2018)

June 18, 2018 PACER
14

STATUS REPORT by John TC Yeh. (Vargas, Mary) (Entered: 06/18/2018)

June 18, 2018 PACER
15

SCHEDULING ORDER A Telephonic Case Management Conference is set for 7/9/2018 at 3:00 PM before Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C. Carlson on June 22, 2018. (kjn) (Entered: 06/22/2018)

June 22, 2018 PACER
16

ACKNOWLEDGEMENT RECEIVED from USAO - Order Scheduling Telephone Status Conference. (kjn) (Entered: 06/22/2018)

June 22, 2018 PACER

Set/Reset Hearings: The Telephonic Status Conference is RESCHEDULED to 7/10/2018 at 11:00 AM before Magistrate Judge Martin C. Carlson. (kjn)

July 3, 2018 PACER
17

MOTION for Extension of Time to to Respond to Complaint and Motion for Injunctive Relief by Michael Carvajal, United States Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 07/09/2018)

July 9, 2018 PACER
18

SPECIAL ADMISSIONS FORM APPROVED as to Anna Bitencourt, Esq.Signed by Magistrate Judge Martin C. Carlson on July 10, 2018. (kjn) (Entered: 07/10/2018)

July 10, 2018 PACER
20

ORDER granting in part and dyenying in part 17 MOTION for Extension of Time to to Respond to Complaint and Motion for Injunctive Relief filed by Michael Carvajal, United States Bureau of Prisons. On or before Tuesday, July 24, 2018, the defendant shall file a response to the motion for preliminary injunction and a status report. The plaintiff may file a reply brief in further support of the motion for preliminary injunction on or before Tuesday, August 7, 2018. The Court shall convene a hearing on the motion for preliminary injunction on Friday, August 10, 2018, at 10:00 a.m. The hearingshall be held in Courtroom Number 5 on the 11th Floor of the United States Federal Court in Harrisburg, Pennsylvania. Signed by Magistrate Judge Martin C. Carlson on July 11, 2018. (kjn) (Entered: 07/11/2018)

July 11, 2018 PACER
21

MOTION to Exceed Page Limitation by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Butler, Michael) (Entered: 07/23/2018)

July 23, 2018 PACER
22

BRIEF IN SUPPORT re 21 MOTION to Exceed Page Limitation filed by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons.(Butler, Michael) (Entered: 07/23/2018)

July 23, 2018 PACER
23

ORDER granting 21 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Martin C. Carlson on July 23, 2018. (kjn) (Entered: 07/23/2018)

July 23, 2018 PACER

DOCKET ANNOTATION: Per request of counsel, doc. 24 deleted. (ve)

July 24, 2018 PACER
24

BRIEF IN OPPOSITION re 2 MOTION for Preliminary Injunction filed by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Butler, Michael) (Entered: 07/24/2018)

July 24, 2018 PACER
25

Writ of Habeas Corpus ad Testificandum Issued as to John TC Yeh for August 10, 2018 at 10:00 a.m.. Signed by Magistrate Judge Carlson 7/26/2018. (kjn) (Entered: 07/26/2018)

July 26, 2018 PACER
26

REPLY BRIEF re 2 MOTION for Preliminary Injunction filed by John TC Yeh. (Attachments: # 1 Exhibit A)(Vargas, Mary) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
27

STATUS REPORT by United States Bureau of Prisons. (Butler, Michael) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
28

EXHIBITS by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons from Preliminary Injunction Hearing held 8/10/2018. (Attachments: # 1 Exhibit(s))(kjn) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
30

Writ of Habeas Corpus ad Testificandum for John TC Yeh Returned Executed on 8/10/18. (dmn) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
31

Second MOTION for Extension of Time to Respond to Complaint and Motion for Injunctive Relief by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
32

ORDER - IT IS HEREBY ORDERED as follows: On or before Tuesday, August 21, 2018, the defendant shall file a comprehensive status report. The defendants motion for enlargement of time in which to answer he complaint, (Doc. 31), is GRANTED, and the Defendants may nswer the complaint on or before August 27, 2018. A telephonic case management conference will be held in the above-captioned case on September 5, 2018 at 1:00 p.m. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on August 16, 2018. (kjn) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
33

NOTICE of Appearance by Richard D Euliss on behalf of Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons (Euliss, Richard) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
34

STATUS REPORT Update per Court's August 16, 2018 Order by United States Bureau of Prisons. (Butler, Michael) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
35

Defendants Affirmative Defenses and ANSWER to 1 Complaint by United States Bureau of Prisons.(Butler, Michael) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
36

STATUS REPORT by United States Bureau of Prisons. (Butler, Michael) (Entered: 09/04/2018)

Sept. 4, 2018 PACER
38

SCHEDULING ORDER - A telephonic Case Management Conference is set for 10/3/2018 10:00 AM before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on September 7, 2018. (kjn) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
39

CASE MANAGEMENT PLAN by John TC Yeh. (Vargas, Mary) (Entered: 09/14/2018)

Sept. 14, 2018 PACER
40

STATUS REPORT by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Euliss, R) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
41

STATUS REPORT by United States Bureau of Prisons. (Butler, Michael) (Entered: 10/02/2018)

Oct. 2, 2018 PACER
43

ORDER - On or before Tuesday, October 16, 2018, the defendant shall file acomprehensive status report. A telephonic case management conference will be held in the above-captioned case on October 17, 2018 at 11:30 a.m. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on October 3, 2018. (kjn) (Entered: 10/03/2018)

Oct. 3, 2018 PACER

Reset Hearing: Telephone Status Conference RESCHEDULED TO 10/22/2018 at 10:00 AM before Magistrate Judge Martin C. Carlson. (kjn)

Oct. 4, 2018 PACER
44

NOTICE of Change of Address by Mary C. Vargas (Vargas, Mary) (Entered: 10/10/2018)

Oct. 10, 2018 PACER
45

STATUS REPORT Per The Court's Order Of October 3, 2018 by United States Bureau of Prisons. (Butler, Michael) (Entered: 10/16/2018)

Oct. 16, 2018 PACER
47

ORDER - 1. On or before Tuesday, November 13, 2018, the defendant shall file acomprehensive status report. A telephonic case management conference will be held in the above-captioned case on November 27, 2018 at 11:30 a.m. before the undersigned. Signed by Magistrate Judge Martin C. Carlson on October 22, 2018. (kjn) (Entered: 10/22/2018)

Oct. 22, 2018 PACER
48

STATUS REPORT by John TC Yeh. (Vargas, Mary) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
49

STATUS REPORT to Respond to Plaintiff's October 29, 2018 Report by United States Bureau of Prisons. (Attachments: # 1 Exhibit(s), # 2 Attach. A to Ex. 1, # 3 Attach. B to Ex. 1)(Butler, Michael) (Entered: 10/30/2018)

Oct. 30, 2018 PACER
50

STATUS REPORT by United States Bureau of Prisons. (Butler, Michael) (Entered: 11/13/2018)

Nov. 13, 2018 PACER
51

STATUS REPORT Response and Reply by John TC Yeh. (Vargas, Mary) (Entered: 11/15/2018)

Nov. 15, 2018 PACER
53

ORDER - IT IS HEREBY ORDERED as follows: 1. On or before Tuesday, December 4, 2018, the dft shall file a comprehensive status report addressing the matters outlined by the court at the preliminary injunction hearing and updating the court and the pltf on the progress being made to implement video-phonetechnology at FCI-Schuylkill. 2 2. In addition, if this status report discloses that the VRS system is now operational, the parties shall confer and provide a joint status report on or before December 11, 2018, providing the parties views regarding what further steps, if any, are necessary to conclude this litigation in a timely fashion. Signed by Magistrate Judge Martin C. Carlson on November 27, 2018. (kjn) (Entered: 11/27/2018)

Nov. 27, 2018 PACER
54

STATUS REPORT per November 27, 2018 Order by United States Bureau of Prisons. (Butler, Michael) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
55

STATUS REPORT Joint Report by Plaintiff John TC Yeh and by United States Bureau of Prisons. (Butler, Michael) (Entered: 12/11/2018)

Dec. 11, 2018 PACER
56

ORDER - IT IS HEREBY ORDERED as follows: 1. If the defendants intend to file any early dispositive motions, they should do so on or before January 2, 2019. Otherwise, Counsel and parties are instructed meet, confer, complete and file a revised case management plan on or before January 9, 2019. 2. Unless the parties request an in-person conference, a telephonic case management conference will be held in the above-captioned case on January 11, 2019 at 10:00 a.m. The plaintiff shall initiate the call. Signed by Magistrate Judge Martin C. Carlson on December 12, 2018. (kjn) (Entered: 12/12/2018)

Dec. 12, 2018 PACER

Set Hearings: A Telephonic Case Management Conference is set for 1/11/2019 at 10:00 AM before Magistrate Judge Martin C. Carlson. (kjn)

Dec. 12, 2018 PACER
57

REPORT AND RECOMMENDATION re 2 MOTION for Preliminary Injunction filed by John TC Yeh - IT IS RECOMMENDED that the plaintiffs motion for preliminary injunction, be DENIED without prejudice to renewal if the specific relief sought, videophone access at FCI Schuylkill, is improperly terminatedor unreasonably curtailed. Objections to R&R due by 12/26/2018. Signed by Magistrate Judge Martin C. Carlson on December 12, 2018. (kjn) (Entered: 12/12/2018)

Dec. 12, 2018 PACER

Set/Reset Hearings - The Telephonis Status Conference is RESCHEDULED to 1/15/2019 at 10:00 AM before Magistrate Judge Martin C. Carlson. (kjn)

Dec. 14, 2018 PACER
58

ORDER denying 2 Motion for Preliminary Injunction w/o prejudice; ADOPTING 57 Report and Recommendation of Magistrate Judge Carlson; REMANDING case to Magistrate Judge Carlson for further proceedingsSigned by Honorable James M. Munley on 1/4/19 (sm) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
59

MOTION for Judgment on the Pleadings by United States Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
60

MOTION for Protective Order by United States Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
61

Unopposed MOTION to Exceed Page Limitation re Brief in Support of Motion for Judgment on the Pleadings by United States Bureau of Prisons. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
62

ORDER granting 61 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Martin C. Carlson on February 19, 2019. (kjn) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
63

BRIEF IN SUPPORT re 59 MOTION for Judgment on the Pleadings filed by United States Bureau of Prisons.(Butler, Michael) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
64

BRIEF IN SUPPORT re 60 MOTION for Protective Order filed by United States Bureau of Prisons.(Butler, Michael) (Entered: 02/19/2019)

Feb. 19, 2019 PACER
65

Unopposed MOTION for Extension of Time to seven (7) days, Unopposed MOTION to Exceed Page Limitation by John TC Yeh.(Bitencourt, Anna) (Entered: 02/28/2019)

Feb. 28, 2019 PACER
66

ORDER granting Pltf's Motion for Extension of Time and to Exceed Page limitations. Pltf shall file his response to Dfts' Motions within 7 days from the date of entry of this Order. Signed by Magistrate Judge Martin C. Carlson on March 1, 2019. (kjn) (Entered: 03/01/2019)

March 1, 2019 PACER
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on 8/10/2018, before Judge Martin Carlson. Court Reporter Suzanne A. Halko, Telephone number 570-237-1867. 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. Redaction Request due 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/3/2019. (cr2, ) (Entered: 03/04/2019)

March 4, 2019 PACER
68

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mi S Stein on behalf of John TC Yeh Attorney Michael Stein is seeking special admission. Filing fee $ 50, receipt number 0314-4696603.. (Stein, Mi) (Entered: 03/08/2019)

March 8, 2019 PACER
69

BRIEF IN OPPOSITION re 59 MOTION for Judgment on the Pleadings filed by John TC Yeh. (Attachments: # 1 Exhibit(s) Plaintiff's Exhibit A)(Bitencourt, Anna) (Entered: 03/08/2019)

March 8, 2019 PACER
70

BRIEF IN OPPOSITION re 60 MOTION for Protective Order filed by John TC Yeh.(Bitencourt, Anna) (Entered: 03/08/2019)

March 8, 2019 PACER
71

REPLY BRIEF re 59 MOTION for Judgment on the Pleadings filed by United States Bureau of Prisons. (Attachments: # 1 Exhibit(s) Ex. A, # 2 Exhibit(s) Ex. B, # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s))(Butler, Michael) (Entered: 03/20/2019)

March 20, 2019 PACER
72

MEMORANDUM ORDER 60 MOTION for Protective Order filed by United States Bureau of Prisons. The defendants motion for protective order (Doc. 60), is GRANTED in part, and discovery is STAYED pending resolution of the outstanding motion for judgment on the pleadings. The court will retain jurisdiction in this case, however, and this order is entered without prejudice to the plaintiff seeking expedited discovery or other relief in the event that the defendant curtails or eliminates Yehs videophone access. Signed by Magistrate Judge Martin C. Carlson on March 25, 2019. (kjn) (Entered: 03/25/2019)

March 25, 2019 RECAP
73

MOTION for Leave to File Sur-Reply by John TC Yeh. (Attachments: # 1 Exhibit(s) Plaintiff's Exhibit A, # 2 Exhibit(s) Plaintiff's Exhibit B, # 3 Proposed Order)(Bitencourt, Anna) (Entered: 03/26/2019)

March 26, 2019 PACER
74

BRIEF IN OPPOSITION re 73 MOTION for Leave to File Sur-Reply, 59 MOTION for Judgment on the Pleadings filed by United States Bureau of Prisons.(Butler, Michael) (Entered: 03/26/2019)

March 26, 2019 PACER
75

ORDER granting Pltf's 73 Motion for Leave to File a Sur-Reply. Signed by Magistrate Judge Martin C. Carlson on March 27, 2019. (kjn) (Entered: 03/27/2019)

March 27, 2019 PACER
76

SUR REPLY to REPLY to Response to Motion re 59 MOTION for Judgment on the Pleadings filed by John TC Yeh. (Attachments: # 1 Exhibit(s) Plaintiff's Exhibit B)(Bitencourt, Anna) (Entered: 03/27/2019)

March 27, 2019 PACER
77

STATUS REPORT by John TC Yeh. (Vargas, Mary) (Entered: 05/07/2019)

May 7, 2019 PACER
78

REPORT AND RECOMMENDATION re 59 MOTION for Judgment on the Pleadings filed by United States Bureau of Prisons - IT IS RECOMMENDED THAT the defendants motion for judgment on the pleadings be DENIED, in part, tothe extent that it asserts that the court lacks jurisdiction to entertain this case under the RA, and DEFERRED, in part, to the extent that the defendants argue this case is moot, pending completion of all aspects of this custodial sentence. Finally, IT IS FURTHER RECOMMENDED that the parties stay any further merits discovery pending completion of the custodial component of Yehs sentence. Objections to R&R due by 5/29/2019. Signed by Magistrate Judge Martin C. Carlson on May 15, 2019. (kjn) (Entered: 05/15/2019)

May 15, 2019 PACER
79

OBJECTION to 78 Report and Recommendations of May 15, 2019. (Butler, Michael) (Entered: 05/29/2019)

May 29, 2019 PACER
80

REPLY BRIEF re 78 REPORT AND RECOMMENDATIONS re 59 MOTION for Judgment on the Pleadings filed by United States Bureau of Prisons Response to Defendants' Objection filed by John TC Yeh.(Bitencourt, Anna) (Entered: 06/12/2019)

June 12, 2019 PACER
81

MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable James M. Munley on 8/6/19. (sm) (Entered: 08/06/2019)

Aug. 6, 2019 RECAP
82

ORDER (memorandum filed previously as separate docket entry); ADOPTING REPORT AND RECOMMENDATION of Magistrate Carlson in part; Motion for judgment is DENIED re cause of action under the Rehabilitation Act/GRANTED re Mootnes; Clerk of Court is directed to enter judgment in favor of the dfts and CLOSE this case..Signed by Honorable James M. Munley on 08/06/19. (sm) (Entered: 08/06/2019)

Aug. 6, 2019 RECAP
83

JUDGMENT entered in favor of United States Bureau of Prisons, et al and against the Plaintiff, John TC Yeh.Signed by Honorable James M. Munley on 8/6/19. (sm) (Entered: 08/06/2019)

Aug. 6, 2019 PACER
84

MOTION for Attorney Fees by John TC Yeh. (Attachments: # 1 Proposed Order, # 2 Memo, # 3 Exhibit(s) Ex A Bitencourt Declaration, # 4 Exhibit(s) Ex B Patkin Affidavit, # 5 Exhibit(s) Ex B-1 Patkin CV, # 6 Exhibit(s) Ex B-2 Patkin Timesheet, # 7 Exhibit(s) Ex C Bitencourt Affidavit, # 8 Exhibit(s) Ex C-1 Bitencourt CV, # 9 Exhibit(s) Ex C-2 Bitencourt Timesheet, # 10 Exhibit(s) Ex D Rosenblum Affidavit, # 11 Exhibit(s) Ex D-1 Rosenblum CV, # 12 Exhibit(s) Ex D-2 Rosenblum Timesheet, # 13 Exhibit(s) Ex D-3 Rosenblum Costs, # 14 Exhibit(s) Ex E Vargas Affidavit, # 15 Exhibit(s) Ex E-1 Vargas CV, # 16 Exhibit(s) Ex E-2 Vargas Timesheet, # 17 Exhibit(s) Ex E-3 Vargas Costs, # 18 Exhibit(s) Ex F Stein Affidavit, # 19 Exhibit(s) Ex F-1 Stein CV, # 20 Exhibit(s) Ex F-2 Stein Timesheet)(Bitencourt, Anna) (Entered: 08/20/2019)

Aug. 20, 2019 PACER
85

Unopposed MOTION for Extension of Time to to respond to Plaintiff's motion for attorneys' fees by United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Butler, Michael) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
86

ORDER granting 85 Motion to Extend Time to respond re m/atty fees- due 9/18/19. Signed by Honorable James M. Munley on 9/5/19 (sm) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
87

Second MOTION for Extension of Time to Respond to the Plaintiff's Motion for Attorneys Fees by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Butler, Michael) (Entered: 09/16/2019)

Sept. 16, 2019 PACER
88

ORDER granting 87 dfts' Motion to Extend Time to respond to m/atty fees- due 9/25/19Signed by Honorable James M. Munley on 9/17/19 (sm) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
89

Unopposed MOTION to Exceed Page Limitation by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Butler, Michael) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
90

BRIEF IN OPPOSITION re 84 MOTION for Attorney Fees filed by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Butler, Michael) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
91

ORDER granting 89 Motion for Leave to File Excess Pages re m/for atty fees.Signed by Honorable James M. Munley on 9/25/19 (sm) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
92

REPLY BRIEF re 84 MOTION for Attorney Fees filed by John TC Yeh. (Attachments: # 1 Exhibit(s) Ex A Bitencourt Declaration, # 2 Exhibit(s) Ex B Bitencourt Supplemental Affidavit, # 3 Exhibit(s) Ex C Stein Supplemental Affidavit)(Bitencourt, Anna) (Entered: 10/08/2019)

Oct. 8, 2019 PACER
93

ORDER re 84 MOTION for Attorney Fees filed by John TC Yeh -w/attached N/C FormSigned by Honorable James M. Munley on 12/4/19. (sm) (Entered: 12/04/2019)

Dec. 4, 2019 PACER
94

ORDER- CONSENT to Proceed Before US Magistrate Judge M. Carlson Approved. Signed by Honorable James M. Munley on 12/11/19. (sm) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
95

MEMORANDUM OPINION AND ORDER re 84 MOTION for Attorney Fees filed by John TC Yeh. IT IS ORDERED that the plaintiffs motion for attorneys fees, (Doc. 84), is GRANTED in part. IT IS FURTHER ORDERED that on or before May 1, 2020, the parties shall consult, confer and either present us with a stipulated fees amount consistent with this opinion, or make a joint submission identifying those fees matters which remain in dispute. Signed by Magistrate Judge Martin C. Carlson on March 30, 2020. (kjn) (Entered: 03/30/2020)

March 30, 2020 RECAP
96

Unopposed MOTION for Extension of Time to Respond to March 30, 2020 Court Order by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Butler, Michael) (Entered: 04/30/2020)

April 30, 2020 PACER
97

ORDER granting 96 Motion to Extend Time. Defendants have until June 1, 2020, to respond to the Courts Order of March 30, 2020. Signed by Magistrate Judge Martin C. Carlson on April 30, 2020. (kjn) (Entered: 04/30/2020)

April 30, 2020 PACER
98

Stipulated Proposed Order by Michael Carvajal, Mark S. Inch, J. E. Krueger, United States Bureau of Prisons. . (Butler, Michael) (Entered: 06/16/2020)

June 16, 2020 PACER
99

ORDER re: Attorney's Fees. Signed by Magistrate Judge Martin C. Carlson on June 16, 2020. (kjn) (Entered: 06/16/2020)

June 16, 2020 PACER

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: May 3, 2018

Closing Date: June 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A deaf individual in federal custody.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 156,000

Content of Injunction:

Preliminary relief denied

Issues

General:

Barrier Removal

Effective Communication (ADA)

Language access/needs

Phone

Reasonable Accommodations

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run