Case: Ndambi v. CoreCivic

Ndambi v. CoreCivic, Inc.

Ndambi v. Corecivic, Inc.

U.S. Court of Appeals for the Fourth Circuit

Tessa Bialek

Harvard Law Review

COMPLAINT against CoreCivic, Inc. ( Filing fee $ 400 receipt number 84637033383.), filed by Desmond Ndambi, Nkemtoh Moses Awombang and Mbah Emmanuel Abi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Summons, # 5 Civil Cover Sheet)(jf3s, Deputy Clerk) (Additional attachment(s) added on 12/11/2018: # 6 Complaint *scanning issues corrected*) (jf3s, Deputy Clerk). (Entered: 11/16/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Summons

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5 Civil Cover Sheet

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6 Complaint *scanning issues corrected*

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Summons Issued 21 days as to CoreCivic, Inc.(jf3s, Deputy Clerk) (Entered: 11/16/2018)

MOTION to Appear Pro Hac Vice for Daniel P. Struck (Filing fee $100, receipt number 0416-7695122.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

MOTION to Appear Pro Hac Vice for Jacob B. Lee (Filing fee $100, receipt number 0416-7695158.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

MOTION to Appear Pro Hac Vice for Rachel Love (Filing fee $100, receipt number 0416-7695174.) by CoreCivic, Inc.(Berkowitz, Matthew) (Entered: 11/28/2018)

NOTICE of Appearance by Matthew D Berkowitz on behalf of CoreCivic, Inc. (Berkowitz, Matthew) (Entered: 11/28/2018)

(FILED IN ERROR) AFFIDAVIT of Service for Summons and Class Action Complaint with Exhibits served on Corecivic, Inc. (Rebecca Gott, Intake Specialist) on 11/21/2018, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi.(Sellers, Joseph) Modified on 11/29/2018 (bmhs, Deputy Clerk). (Entered: 11/29/2018)

QC NOTICE: 7 Affidavit of Service filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi was filed incorrectly. **Incorrect event was selected. Please refile using the event under Service of Process: Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Stacy N. Cammarano (Filing fee $100, receipt number 0416-7699032.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Robert S. Libman (Filing fee $100, receipt number 0416-7699077.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Nancy L. Maldonado (Filing fee $100, receipt number 0416-7699091.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Matthew J. Owens (Filing fee $100, receipt number 0416-7699108.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Michael Hancock (Filing fee $100, receipt number 0416-7699122.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Benjamin J. Blustein (Filing fee $100, receipt number 0416-7699131.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

MOTION to Appear Pro Hac Vice for Deanna N. Pihos (Filing fee $100, receipt number 0416-7699145.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi(Sellers, Joseph) (Entered: 11/29/2018)

SUMMONS Returned Executed by Desmond Ndambi, Nkemtoh Moses Awombang, Mbah Emmanuel Abi. CoreCivic, Inc. served on 11/21/2018, answer due 12/12/2018.(Sellers, Joseph) (Entered: 11/30/2018)

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Daniel Struck. Directing attorney Daniel Struck to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Jacob B Lee. Directing attorney Jacob B Lee to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Rachel Love. Directing attorney Rachel Love to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Stacy Cammarano. Directing attorney Stacy Cammarano to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice on behalf of Robert S Libman. Attorney Robert S Libman will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 11 Motion to Appear Pro Hac Vice on behalf of Nancy Maldonado. Directing attorney Nancy Maldonado to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Matthew Owens. Directing attorney Matthew Owens to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice on behalf of Michael Hancock. Directing attorney Michael Hancock to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Benjamin Blustein. Directing attorney Benjamin Blustein to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

PAPERLESS ORDER granting 15 Motion to Appear Pro Hac Vice on behalf of Deanna Pihos. Directing attorney Deanna Pihos to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

NOTICE by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi of filing Consents to Join Lawsuit of Ivan Chacon Chacon, Prudencio Ramirez and Javier Recinos (Attachments: # 1 Attachment Consents)(Sellers, Joseph) (Entered: 12/06/2018)

1 Attachment Consents

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QC NOTICE: 27 Notice (Other) filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi was filed incorrectly. **Please add the new plaintiffs (Filers) when prompted. They have been added for you this time but please add them in the future. (bmhs, Deputy Clerk) (Entered: 12/07/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by CoreCivic, Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 12/10/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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ORDER granting 29 Motion for Extension of Time. Signed by Judge Richard D. Bennett on 12/11/2018. (bmhs, Deputy Clerk) (Entered: 12/11/2018)

(FILED IN ERROR) Local Rule 103.3 Disclosure Statement by CoreCivic, Inc. (Struck, Daniel) Modified on 12/13/2018 (bmhs, Deputy Clerk). (Entered: 12/12/2018)

QC NOTICE: 31 Local Rule 103.3 Disclosure Statement filed by CoreCivic, Inc. was filed incorrectly. **The Local Rule 103.3 Disclosure Statement needs to be refiled and the corporate parent and/or affiliations need to be entered when the system prompts you. It has been noted as FILED IN ERROR, and the document link has been disabled. (bmhs, Deputy Clerk) (Entered: 12/13/2018)

Local Rule 103.3 Disclosure Statement by CoreCivic, Inc. identifying Other Affiliate ACS Corrections of Texas, LLC, Other Affiliate APM Ltd., Other Affiliate Avalon Corpus Christi Transitional Center, LLC, Other Affiliate Avalon Correctional Services, Inc., Other Affiliate Avalon Transitional Center Dallas, LLC, Other Affiliate Avalon Tulsa, LLC, Other Affiliate Carver Transitional Center, LLC, Other Affiliate CCA Health Services LLC, Other Affiliate CCA International LLC, Other Affiliate CCA South Texas, LLC, Other Affiliate CCA UK Ltd., Other Affiliate CoreCivic Government Solutions LLC, Other Affiliate CoreCivic, LLC, Other Affiliate CoreCivic of Kansas Holdings LLC, Other Affiliate CoreCivic of Kansas LLC, Other Affiliate CoreCivic of Tallahassee, LLC, Other Affiliate CoreCivic of Tennessee LLC, Other Affiliate CoreCivic TRS LLC, Other Affiliate Correctional Alternatives, LLC, Other Affiliate Correctional Mgmt., Inc., Other Affiliate EP Horizon Management LLC, Other Affiliate Fort Worth Transitional Center, LLC, Other Affiliate Green Level Realty, LLC, Other Affiliate National Offender Mgmt. Systems, LLC, Other Affiliate Prison Realty Mgmt., LLC, Other Affiliate Project South, Other Affiliate Rocky Mountain Offender Mgt. Systems, LLC, Other Affiliate Southern Corrections System of Wyoming, LLC, Other Affiliate SSA Baltimore Holdings LLC, Other Affiliate SSA Baltimore LLC, Other Affiliate Technical & Bus Inst. of America LLC, Other Affiliate Time to Change, Inc., Other Affiliate TransCor America LLC, Other Affiliate TransCor Puerto Rico Inc., Other Affiliate Turley Residential Center, LLC for CoreCivic, Inc..(Struck, Daniel) (Entered: 12/13/2018)

NOTICE by Honore Otayema Lomenoje, Bokole Umba Dieu Consent to Join Lawsuit (Attachments: # 1 Attachment Dieu, # 2 Attachment Lomenoje)(Sellers, Joseph) (Entered: 12/18/2018)

1 Attachment Dieu

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2 Attachment Lomenoje

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NOTICE of Appearance by Kenneth M Bernas on behalf of CoreCivic, Inc. (Bernas, Kenneth) (Entered: 12/18/2018)

MOTION to Dismiss for Failure to State a Claim by CoreCivic, Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 01/11/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Extension of Time (Unopposed) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Ivan Chacon Chacon, Bokole Umba Dieu, Honore Otayema Lomenoje, Desmond Ndambi, Prudencio Ramirez, Javier Recinos (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 01/18/2019)

1 Text of Proposed Order

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ORDER granting 37 Unopposed Motion for Extension of Time. Signed by Judge Richard D. Bennett on 1/22/2019. (bmhs, Deputy Clerk) (Entered: 01/22/2019)

RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sellers, Joseph) (Entered: 02/01/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss for Failure to State a Claim by CoreCivic, Inc.. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 02/08/2019)

1 Text of Proposed Order

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ORDER granting 40 Consent Motion for Extension of Time. Signed by Judge Richard D. Bennett on 2/11/2019. (bmhs, Deputy Clerk) (Entered: 02/12/2019)

MOTION to Appear Pro Hac Vice for R. Andrew Free (Filing fee $100, receipt number 0416-7855550.) by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Ivan Chacon Chacon, Bokole Umba Dieu, Honore Otayema Lomenoje, Desmond Ndambi, Prudencio Ramirez, Javier Recinos (Attachments: # 1 Attachment Continuation Page for 2.)(Sellers, Joseph) (Entered: 02/25/2019)

1 Attachment Continuation Page for 2.

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MOTION to Certify Class Conditionally and Issuance of Notice by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Text of Proposed Order)(Sellers, Joseph) (Entered: 02/26/2019)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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5 Exhibit

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6 Exhibit

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9 Exhibit

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10 Text of Proposed Order

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PAPERLESS ORDER granting 42 Motion to Appear Pro Hac Vice on behalf of R Andrew Free. Directing attorney R Andrew Free to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/27/2019. (srd, Deputy Clerk) (Entered: 02/27/2019)

REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim filed by CoreCivic, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Struck, Daniel) (Entered: 03/08/2019)

1 Exhibit 1

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RESPONSE in Opposition re 43 MOTION to Certify Class Conditionally and Issuance of Notice filed by CoreCivic, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Struck, Daniel) (Entered: 03/12/2019)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Leave to File Supplemental Opposition to Plaintiffs' Motion for Conditional Certification and Issuance of Notice by CoreCivic, Inc. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 03/12/2019)

1 Text of Proposed Order

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RESPONSE in Support re 43 MOTION to Certify Class Conditionally and Issuance of Notice filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi.(Sellers, Joseph) (Entered: 03/26/2019)

MEMORANDUM ORDER GRANTING 36 Motion to Dismiss; DISMISSING w/prejudice 1 Complaint; DENYING AS MOOT 43 Motion for Conditional Certification and Issuance of Notice. Signed by Judge Richard D. Bennett on 9/27/2019. (hmls, Deputy Clerk)

NOTICE OF APPEAL as to 49 Memorandum and Order, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Certify Class by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. Filing fee $ 505, receipt number 0416-8312185.(Libman, Robert) (Entered: 10/25/2019)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 50 Notice of Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(ko, Deputy Clerk) (Entered: 10/28/2019)

USCA Case Number 19-2207 for 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi. Case Manager - Michael Radday (ko, Deputy Clerk) (Entered: 10/31/2019)

NOTICE by CoreCivic, Inc. of Withdrawal of Appearance (Bernas, Kenneth) (Entered: 09/24/2020)

MARGINAL ORDER approving 53 Withdrawal of Appearance of Kenneth Maxwell Bernas. Signed by Judge Richard D. Bennett on 9/24/2020. (bmhs, Deputy Clerk) (Entered: 09/24/2020)

JUDGMENT of USCA affirming the judgment of the District Court as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (Attachments: # 1 Opinion, # 2 Notice of Judgment)(ko, Deputy Clerk) (Entered: 03/05/2021)

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TEMPORARY STAY OF MANDATE of USCA as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 03/22/2021)

ORDER of USCA denying petition for en banc hearing as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 04/02/2021)

MANDATE of USCA issued as to 50 Notice of Appeal, filed by Mbah Emmanuel Abi, Nkemtoh Moses Awombang, Desmond Ndambi (ko, Deputy Clerk) (Entered: 04/12/2021)