Case: Gasca v. Precythe

2:17-cv-04149 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 14, 2017

Case Ongoing

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Case Summary

Parolees in custody of the Missouri Department of Corrections (MDOC) filed this class-action lawsuit against MDOC on August 14, 2017. They alleged that MDOC was failing to educate parolees about their right to a hearing; failing to screen parolees to determine whether they qualified for a court-appointed attorney; and failing to provide other procedural rights during the parole revocation process. The plaintiffs, alleging that these failures amounted to a violation of the Due Process Clause of the Fourteenth Amendment, brought suit under 42 U.S.C. § 1983, in the U.S. District Court for the Western District of Missouri. Represented by the MacArthur Justice Center, they sought declaratory relief, injunctive relief, and attorneys’ fees and costs. The case was assigned to Judge Stephen R. Bough.

The lead plaintiff was eight months pregnant when parole officers arrested her for leaving her residential drug rehab program early. Her parole officer led her to believe that it was in her best interest to voluntarily waive her rights to all formal hearings, as a condition for early release. She was not informed of her right to an attorney when she signed a form waiving her final revocation hearing, and she believed that if she signed the waiver she would be released in time to deliver her baby outside of jail. Instead, she was sent to prison, where she remained until five months after her baby was born.

On September 18, 2017, the plaintiffs sought class certification of all parolees that faced or would face parole revocation hearings in Missouri. They filed an amended complaint on October 12, 2017.

MDOC moved to dismiss the amended complaint on October 26, 2017, claiming:

that the plaintiffs’ claims were speculative;
that MDOC had no authority to provide counsel for parolees;
that all claims were barred by judicial immunity;
that parole board orders could be directly reviewed, and that judicial review was therefore inappropriate;
that the Younger doctrine required the federal court to refrain from interfering with pending state judicial proceedings; and
that the Eleventh Amendment and quasi-judicial immunity protected MDOC from damages claims.

On December 5, 2017, the court denied the plaintiffs’ motion to certify a class, holding that they had not met the commonality and typicality requirements for class certification. On December 15, 2017, the court denied MDOC’s motion to dismiss.

The plaintiffs filed another motion for class certification on November 27, 2018; this motion was granted on January 4, 2019, defining the certified class as “All adult parolees in the state of Missouri who currently face, or who in the future will face, parole revocation proceedings.”

Although the court had initially set a trial date for the spring of 2019, in December 2018 it instead ordered the case to mediation. Shortly after this order, the plaintiffs moved for summary judgment on December 27, 2018. They claimed that the undisputed facts demonstrated that MDOC was not providing counsel as required by the Supreme Court’s ruling in Gagnon v. Scarpelli, and that MDOC had failed to meet other minimal due process requirements set forth in prior Supreme Court rulings.

In January 2019, the parties participated in mediation. MDOC admitted that its policies had not been in compliance with Gagnon v. Scarpelli at the time the plaintiffs filed their complaint; however, the Department had since taken corrective measures to remedy these shortcomings. MDOC requested a delayed ruling on the plaintiffs’ motion for summary judgment, to allow further progress toward a settlement agreement. The court granted the plaintiffs’ motion for summary judgment on February 27, 2019; it is unclear whether a formal settlement agreement had been reached, or what type of remedy had been provided for class members.

On May 15, 2019, a parolee moved pro se to join the class action and to proceed separately, in order to receive individual relief; the court granted this request on May 30, 2019. On November 1, 2019 MDOC sought to dismiss the case for lack of jurisdiction. The court denied this motion on December 19, 2019. The court stated, among other things, that “Defendants have failed to meet their heavy burden to establish it is ‘absolutely clear’ that Defendants’ current revised policies, procedures, and forms pass constitutional muster.”

In April 2020, the plaintiffs filed a motion for emergency relief in light of the COVID-19 pandemic, requesting that the court issue a writ ordering MDOC to cease parole revocation proceedings. On April 15, 2020, the court held that such a write would “be beyond the scope of this case.”

On August 5, 2020, the court denied MDOC’s motion to decertify the class. This case is ongoing.

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Summary Authors

Kimberly Goshey (6/11/2019)

Bogyung Lim (8/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6370150/parties/gasca-v-precythe/

Judge(s)

Bough, Stephen Rogers (Missouri)

Attorney for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

Attorney for Defendant

Judge(s)

Bough, Stephen Rogers (Missouri)

Attorney for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

Breihan, Amy Elizabeth (Missouri)

Crane, Megan G (Missouri)

Lake, Susannah P (Missouri)

Malinowski, Amy Elizabeth (Missouri)

Mobley, William P (Missouri)

Quinn, Mae C. (Missouri)

Attorney for Defendant

Elsbury, Laura E. (Missouri)

Gonzalez, Anthony (Missouri)

Hawke, Stephen David (Missouri)

Kimminau, Matthew G (Missouri)

Moore, Justin (Missouri)

Morgan, Jeremiah J. (Missouri)

Pritchett, Michael (Missouri)

Quinlan, Michael D. (Missouri)

Shull, Doug (Missouri)

Sr, Jeremiah Joseph (Missouri)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:17-cv-04149	Docket [PACER]	Aug. 5, 2020	Aug. 5, 2020 Docket
1 2:17-cv-04149	Class Action Complaint	Aug. 14, 2017	Aug. 14, 2017 Complaint
23 2:17-cv-04149	Amended Class Action Complaint	Oct. 12, 2017	Oct. 12, 2017 Complaint
42 2:17-cv-04149	Order	Dec. 5, 2017	Dec. 5, 2017 Order/Opinion
50 2:17-cv-04149	Order	Dec. 15, 2017	Dec. 15, 2017 Order/Opinion
132 2:17-cv-04149	Order	Jan. 4, 2019	Jan. 4, 2019 Order/Opinion 2019 WL 112789
146 2:17-cv-04149	Order	Feb. 27, 2019	Feb. 27, 2019 Order/Opinion
217 2:17-cv-04149	Order	Dec. 19, 2019	Dec. 19, 2019 Order/Opinion
250 2:17-cv-04149	Plaintiffs' Emergency Motion for Relief Pursuant to All Writs Act	March 25, 2020	March 25, 2020 Pleading / Motion / Brief
261 2:17-cv-04149	Order	April 15, 2020	April 15, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Want to Shrink the Prison Population? Look at Parole. Beth Schwartzapfel	Provides background facts for the Gasca v. Precythe case filed in U.S. District Court for the Western District of Missouri. The article discusses the central issues of the class action and reviews pr…	Feb. 11, 2019	Feb. 11, 2019 https://www.themarshallproject.org/...
Gasca v. Precythe MacArthur Justice Center	In Missouri, the Parole Board is running an assembly-line parole process that pushes people back into our prisons without any real legal protections. In many instances, alleged parole violators are t…	Oct. 12, 2017	Oct. 12, 2017 https://www.macarthurjustice.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6370150/gasca-v-precythe/

Last updated Aug. 15, 2025, 4:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants filed by Mae C Quinn on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5399204. Service due by 11/13/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Civil Cover Sheet)(Quinn, Mae) (Entered: 08/14/2017) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Civil Cover Sheet View on PACER	Aug. 14, 2017	Aug. 14, 2017 Clearinghouse
	Summons Issued	Aug. 16, 2017	Aug. 16, 2017 PACER
	ELECTRONIC SUMMONS ISSUED and emailed to plaintiff's attorney as to Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Geiser, Angel)	Aug. 16, 2017	Aug. 16, 2017 PACER
	Summons Reissued	Aug. 28, 2017	Aug. 28, 2017 PACER
	ELECTRONIC SUMMONS REISSUED as to Don Ruzicka and emailed to plaintiff's counsel. (Lock, Tania)	Aug. 28, 2017	Aug. 28, 2017 PACER
2	MOTION to substitute attorney filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 9/14/2017 unless otherwise directed by the court. (Attorney Laura E. Elsbury added to party Gary Dusenberg(pty:dft), Attorney Laura E. Elsbury added to party Kenneth Jones(pty:dft), Attorney Laura E. Elsbury added to party Ellis McSwain, Jr(pty:dft), Attorney Laura E. Elsbury added to party Anne L. Precythe(pty:dft), Attorney Laura E. Elsbury added to party Martin Rucker(pty:dft), Attorney Laura E. Elsbury added to party Don Ruzicka(pty:dft), Attorney Laura E. Elsbury added to party Jim Wells(pty:dft), Attorney Laura E. Elsbury added to party Jennifer Zamkus(pty:dft))(Elsbury, Laura) (Entered: 08/31/2017)	Aug. 31, 2017	Aug. 31, 2017 PACER
3	Before the Court is Substitution of Counsel. (Doc. #2). For good cause stated attorney Stephen Hawke is hereby removed as counsel of record for Defendants, and attorneys Laura E. Elsbury and Michael Quinlan are added as counsel of record for Defendants. Signed on 9/1/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
	Order on Motion to Substitute Attorney	Sept. 1, 2017	Sept. 1, 2017 PACER
4	Consent MOTION for extension of time to file answer or Responsive Motion filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 9/19/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 PACER
5	Before the Court is Consent Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #4). For good cause stated the motion is granted. Defendants Anne Precythe, Kenneth Jones, Jennifer Zamkus, Jim Wells, Martin Rucker, Ellis McSwain, Jr., Don Ruzicka, and Gary Dusenberg are granted an extension until and including October 6, 2017, to answer or otherwise respond to Plaintiff's Complaint. Signed on 9/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/06/2017)	Sept. 6, 2017	Sept. 6, 2017 PACER
	Order on Motion for Extension of Time to Answer	Sept. 6, 2017	Sept. 6, 2017 PACER
6	MOTION to certify class filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/2/2017 unless otherwise directed by the court. (Attachments: # 1 Supplement Suggestions in Support of Motion for Class Certification)(Quinn, Mae) (Entered: 09/18/2017) 1 Supplement Suggestions in Support of Motion for Class Certification View on PACER	Sept. 18, 2017	Sept. 18, 2017 PACER
7	MOTION for extension of time to file response/reply as to 6 MOTION to certify class filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 10/11/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Elsbury, Laura) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
8	Before the Court is Motion for an Enlargement of Time to Respond to Plaintiffs' Motion Seeking Class Certification. (Doc. #7). Plaintiffs oppose the motion. Even so, the Court finds good cause for granting a 30-day extension of time given the very early stage of this proceeding and the complexity of the issues involved. Accordingly, the MDOC Defendants are granted an extension of time until and including November 1, 2017, to respond to Plaintiffs' motion for class certification. Signed on 9/28/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 09/28/2017)	Sept. 28, 2017	Sept. 28, 2017 PACER
	Order on Motion for Extension of Time to File Response/Reply	Sept. 28, 2017	Sept. 28, 2017 PACER
16	RETURN OF SERVICE of complaint executed by All Plaintiffs. Don Ruzicka served on 9/8/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
15	RETURN OF SERVICE of complaint executed by All Plaintiffs. Ellis McSwain, Jr served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
14	RETURN OF SERVICE of complaint executed by All Plaintiffs. Kenneth Jones served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
13	RETURN OF SERVICE of complaint executed by All Plaintiffs. Jennifer Zamkus served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
12	RETURN OF SERVICE of complaint executed by All Plaintiffs. Jim Wells served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
11	RETURN OF SERVICE of complaint executed by All Plaintiffs. Martin Rucker served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
10	RETURN OF SERVICE of complaint executed by All Plaintiffs. Anne L. Precythe served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
9	RETURN OF SERVICE of complaint executed by All Plaintiffs. Gary Dusenberg served on 8/17/2017, answer due 10/6/2017. (Quinn, Mae) (Entered: 09/29/2017)	Sept. 29, 2017	Sept. 29, 2017 PACER
17	NOTICE of appearance by Justin Moore on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Justin Moore added to party Gary Dusenberg(pty:dft), Attorney Justin Moore added to party Kenneth Jones(pty:dft), Attorney Justin Moore added to party Ellis McSwain, Jr(pty:dft), Attorney Justin Moore added to party Anne L. Precythe(pty:dft), Attorney Justin Moore added to party Martin Rucker(pty:dft), Attorney Justin Moore added to party Don Ruzicka(pty:dft), Attorney Justin Moore added to party Jim Wells(pty:dft), Attorney Justin Moore added to party Jennifer Zamkus(pty:dft))(Moore, Justin) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
19	Before the Court is Consent Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #18). For good cause stated the motion is granted. The MDOC Defendants are granted an extension of time until and including October 25, 2017, to answer or otherwise respond to Plaintiffs' Complaint. Signed on 10/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/06/2017)	Oct. 6, 2017	Oct. 6, 2017 PACER
	Order on Motion for Extension of Time to Answer	Oct. 6, 2017	Oct. 6, 2017 PACER
18	Consent MOTION for extension of time to file answer re 1 Complaint,, filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 10/20/2017 unless otherwise directed by the court. (Related document(s) 1 ) (Elsbury, Laura) (Entered: 10/06/2017)	Oct. 6, 2017	Oct. 6, 2017 PACER
21	SUGGESTIONS in support re 20 MOTION for leave to file Amended Complaint filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Amber Wyse. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Related document(s) 20 ) (Quinn, Mae) (Entered: 10/11/2017) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Exhibit View on PACER 22 Exhibit View on PACER 23 Exhibit View on PACER	Oct. 11, 2017	Oct. 11, 2017 PACER
20	MOTION for leave to file Amended Complaint filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/25/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 10/11/2017)	Oct. 11, 2017	Oct. 11, 2017 PACER
23	AMENDED COMPLAINT against All Defendants filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Index 22)(Breihan, Amy) (Entered: 10/12/2017) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER 21 Exhibit 21 View on PACER 22 Index 22 View on PACER	Oct. 12, 2017	Oct. 12, 2017 Clearinghouse
	Order on Motion for Leave to File	Oct. 12, 2017	Oct. 12, 2017 PACER
22	Before the Court is Plaintiffs' Motion for Leave to File Amended Complaint. (Doc. #20). As leave to amend should be "freely given when justice so requires" pursuant to Federal Rule of Civil Procedure 15(a)(2), the motion is granted. Plaintiffs are directed to file their Amended Complaint on or before Friday, October 13, 2017. Signed on 10/12/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/12/2017)	Oct. 12, 2017	Oct. 12, 2017 PACER
26	Before the Court is Defendants' Motion for Extension of Time to File Answer or Responsive Motion. (Doc. #24). For good cause stated the motion is granted. Defendants are granted leave to file their responsive pleading on or before October 26, 2017. Signed on 10/26/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 10/26/2017)	Oct. 26, 2017	Oct. 26, 2017 PACER
	Order on Motion for Extension of Time to File Response/Reply	Oct. 26, 2017	Oct. 26, 2017 PACER
25	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to dismiss for lack of jurisdiction filed by Laura E. Elsbury on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 11/9/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A)(Elsbury, Laura) (Entered: 10/26/2017) 1 Exhibit Exhibit A View on PACER	Oct. 26, 2017	Oct. 26, 2017 PACER
24	MOTION for extension of time to file response/reply filed by Laura E. Elsbury on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 11/9/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 10/26/2017)	Oct. 26, 2017	Oct. 26, 2017 PACER
27	SUGGESTIONS in opposition re 6 MOTION to certify class filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Reply suggestions due by 11/15/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Elsbury, Laura) (Entered: 11/01/2017)	Nov. 1, 2017	Nov. 1, 2017 PACER
29	ORDER: Before the Court is Plaintiffs' Consent Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. (Doc. # 28 ). For good cause stated the motion is granted. Plaintiffs are granted an extension of time until and including November 15, 2017, to respond to Defendants' motion to dismiss. Signed on 11/9/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Ellis, Lindsey) (Entered: 11/09/2017)	Nov. 9, 2017	Nov. 9, 2017 PACER
	Order on Motion for Extension of Time	Nov. 9, 2017	Nov. 9, 2017 PACER
28	MOTION for extension of time to Respond to Defendants' Motion to Dismiss filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/24/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 11/09/2017)	Nov. 9, 2017	Nov. 9, 2017 PACER
33	SUGGESTIONS in opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. Reply suggestions due by 11/29/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Related document(s) 25 ) (Quinn, Mae) (Entered: 11/15/2017) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER	Nov. 15, 2017	Nov. 15, 2017 PACER
	Order on Motion for Extension of Time	Nov. 15, 2017	Nov. 15, 2017 PACER
32	MOTION for leave to file excess pages in Opposition to Defendants' Motion to Dismiss filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/29/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Opposition to Motion to Dismiss)(Quinn, Mae) (Entered: 11/15/2017) 1 Exhibit Proposed Opposition to Motion to Dismiss View on PACER	Nov. 15, 2017	Nov. 15, 2017 PACER
31	Before the Court is Consent Motion for Extension of Time to File Reply to Motion for Class Certification. (Doc. #30). For good cause stated the motion is granted. Plaintiffs' reply in support of their motion for class certification is due on or before November 24, 2017. Signed on 11/15/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/15/2017)	Nov. 15, 2017	Nov. 15, 2017 PACER
30	MOTION for extension of time for Reply to Motion for Class Certification filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/29/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 11/15/2017)	Nov. 15, 2017	Nov. 15, 2017 PACER
34	Before the Court is Plaintiffs' Motion for leave to Exceed Page Limitation and Suggestions in Support. (Doc. #32). For good cause stated the motion is granted. Plaintiffs are granted leave to file their opposition to Defendants' motion to dismiss in a length up to and including seventeen (17) pages. Signed on 11/16/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
	Order on Motion for Leave to File Excess Pages	Nov. 16, 2017	Nov. 16, 2017 PACER
35	MOTION for extension of time to file response/reply as to 6 MOTION to certify class filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/8/2017 unless otherwise directed by the court. (Related document(s) 6 ) (Quinn, Mae) (Entered: 11/24/2017)	Nov. 24, 2017	Nov. 24, 2017 PACER
36	Before this Court is Plaintiffs' Motion for Extension of Time to file a Reply to the Motion for Class Certification (Doc. #35). For good cause stated, the Motion is granted. Reply Suggestions to Motion for Class Certification 6 are due on November 29, 2017. Signed on 11/27/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/27/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
	Order on Motion for Extension of Time to File Response/Reply	Nov. 27, 2017	Nov. 27, 2017 PACER
38	REPLY SUGGESTIONS to motion re 6 MOTION to certify class filed by Mae C Quinn on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Related document(s) 6 ) (Quinn, Mae) (Entered: 11/29/2017)	Nov. 29, 2017	Nov. 29, 2017 PACER
37	Consent MOTION for extension of time to File Reply Suggestions filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 12/13/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 11/29/2017)	Nov. 29, 2017	Nov. 29, 2017 PACER
41	ORDER: Before the Court is Motion to Withdraw as Co-Counsel of Record. (Doc. #40). For good cause stated the motion is granted. Attorney Michael Quinlan is hereby withdrawn as counsel of record for all Defendants. Signed on 11/30/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Ellis, Lindsey) (Entered: 11/30/2017)	Nov. 30, 2017	Nov. 30, 2017 PACER
	Order on Motion for Extension of Time	Nov. 30, 2017	Nov. 30, 2017 PACER
	Order on Motion to Withdraw as Attorney	Nov. 30, 2017	Nov. 30, 2017 PACER
40	MOTION to withdraw as attorney filed by Michael D. Quinlan on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Suggestions in opposition/response due by 12/14/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 11/30/2017)	Nov. 30, 2017	Nov. 30, 2017 PACER
39	Before the Court is Consent Motion for Extension of Time to File Reply Suggestions. (Doc. #37). For good cause stated the motion is granted. Defendants are granted an extension of time until and including December 13, 2017, to file their reply suggestions in support of their motion to dismiss the Amended Complaint. Signed on 11/30/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 11/30/2017)	Nov. 30, 2017	Nov. 30, 2017 PACER
42	ORDER: Plaintiffs' Motion to Certify Class Pursuant to FRCP 23 (Doc. #6) is DENIED without prejudice. Signed on 12/4/17 by District Judge Stephen R. Bough. (Ellis, Lindsey) (Entered: 12/05/2017)	Dec. 5, 2017	Dec. 5, 2017 PACER
46	Motion to allow Locke E. Bowman to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5547365) filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Breihan, Amy) (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
	Order on Motion to Withdraw as Attorney	Dec. 8, 2017	Dec. 8, 2017 PACER
45	Motion to allow Sheila A. Bedi to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5547312) filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. (Breihan, Amy) (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
44	Before the Court is Motion to Withdraw as Counsel. (Doc. #43). For good cause stated the motion is granted. Attorney Mae C. Quinn is hereby withdrawn as counsel of record for all Plaintiffs. Signed on 12/8/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
43	MOTION to withdraw as attorney filed by Mae C Quinn on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/22/2017 unless otherwise directed by the court. (Quinn, Mae) (Entered: 12/08/2017)	Dec. 8, 2017	Dec. 8, 2017 PACER
47	ORDER granting 45 & 46 motion to appear pro hac vice entered by Clerk of Court. Attorneys Sheila A Bedi and Locke E Bowman for plaintiff's allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 12/11/2017)	Dec. 11, 2017	Dec. 11, 2017 PACER
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	Dec. 11, 2017	Dec. 11, 2017 PACER
48	RULE 16 NOTICE. Proposed scheduling order due by 2/9/2018. Scheduling Conference set for 2/21/2018 09:30 AM in Courtroom 3B, Jefferson City (WAK) before District Judge Stephen R. Bough. Signed on 12/12/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 12/12/2017)	Dec. 12, 2017	Dec. 12, 2017 PACER
49	REPLY SUGGESTIONS to motion re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. (Related document(s) 25 ) (Elsbury, Laura) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 RECAP
50	Defendants' Motion to Dismiss Amended Class Action Complaint (Doc.#25) is DENIED. Further, the Clerk of the Court is directed to substitute Mr. Paul Fitzwater for Mr. Ruzicka. Signed on 12/15/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 PACER
51	ANSWER to 23 Amended Complaint,, on behalf of Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Anne L. Precythe, Martin Rucker, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
53	CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
52	CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
54	Joint PROPOSED SCHEDULING ORDER by Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Breihan, Amy) (Entered: 02/09/2018)	Feb. 9, 2018	Feb. 9, 2018 PACER
55	FEDERAL RULE OF EVIDENCE 502(d) ORDER. Signed on 2/8/2018 by District Judge Stephen R. Bough. (Crocker, Susan) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
57	ORDER granting 56 Before the Court is Motion for Leave to Appear at Scheduling Conference Telephonically. (Doc. #56). For good cause stated the motion is granted. Attorney Sheila A Bedi may appear via telephone for the Scheduling Conference on February 21, 2018 at 9:30 a.m. Attorney Bedi is directed to email her direct dial number where she can be reached for the hearing to Tracy Diefenbach (Tracy_Diefenbach@mow.uscourts.gov)by 8:00 a.m. tomorrow morning. Signed on 2/20/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(James, Carrie) Modified on 2/20/2018 (James, Carrie). (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
	Order on Motion for Leave to Appear	Feb. 20, 2018	Feb. 20, 2018 PACER
56	MOTION for leave to appear by telephone for scheduling conference filed by Sheila A Bedi on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/6/2018 unless otherwise directed by the court. (Bedi, Sheila) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 PACER
58	Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 2/21/2018. Scheduling order to be entered. Telephone conference set for 4/30/18 at 10:00 a.m. Conference call information emailed to counsel. Counsel appearing for Plaintiff(s): Sheila Bedi (by phone) and Amy Breihand. Counsel appearing for Defendant(s): Laura Elsbury and Mike Pritchett. Time in court: 9:35 am to 10:00 am. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) Modified on 2/21/2018 to correct the name of attorneys appearing for defendants (Diefenbach, Tracy). (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 PACER
	1 - Text Entry Only Information AND Scheduling Conference	Feb. 21, 2018	Feb. 21, 2018 PACER
60	SCHEDULING ORDER: Fact Discovery due by 8/13/2018. Dispositive Motions due by 11/7/2018. Pretrial Conference set for 3/22/2019 11:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Bench Trial set for 4/15/2019 09:00 AM in Courtroom 4B, Jefferson City (VDJJC) before District Judge Stephen R. Bough. Signed on 2/23/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 PACER
59	RULES OF TRIAL Signed on 2/23/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 PACER
61	CERTIFICATE OF SERVICE by All Plaintiffs of First Set of Interrogatories and Requests for Production filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
62	NOTICE of appearance by Charles Douglas Shull on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Charles Douglas Shull added to party Gary Dusenberg(pty:dft), Attorney Charles Douglas Shull added to party Kenneth Jones(pty:dft), Attorney Charles Douglas Shull added to party Ellis McSwain, Jr(pty:dft), Attorney Charles Douglas Shull added to party Anne L. Precythe(pty:dft), Attorney Charles Douglas Shull added to party Martin Rucker(pty:dft), Attorney Charles Douglas Shull added to party Don Ruzicka(pty:dft), Attorney Charles Douglas Shull added to party Jim Wells(pty:dft), Attorney Charles Douglas Shull added to party Jennifer Zamkus(pty:dft))(Shull, Charles) (Entered: 03/06/2018)	March 6, 2018	March 6, 2018 PACER
63	NOTICE of appearance by Charles Douglas Shull on behalf of Gary Dusenberg, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus (Attorney Charles Douglas Shull added to party Ellis McSwain, Jr(pty:dft), Attorney Charles Douglas Shull added to party Don Ruzicka(pty:dft))(Shull, Charles) (Entered: 03/07/2018)	March 7, 2018	March 7, 2018 PACER
64	CERTIFICATE OF SERVICE by All Defendants Defendants Objections and Responses to Plaintiffs First Set of Requests for Production and Defendants Objections and Answers to Plaintiffs First Set of Interrogatories filed by Charles Douglas Shull on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Attorney Charles Douglas Shull added to party Paul Fitzwater(pty:dft))(Shull, Charles) (Entered: 03/28/2018)	March 28, 2018	March 28, 2018 PACER
65	NOTICE to take deposition of Missouri Department of Corrections filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 PACER
67	PROTECTIVE ORDER Signed on 4/27/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 PACER
66	Joint MOTION for protective order filed by Doug Shull on behalf of All Defendants. Suggestions in opposition/response due by 5/11/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Shull, Doug) (Entered: 04/27/2018) 1 Exhibit A View on PACER	April 27, 2018	April 27, 2018 PACER
68	Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 4/30/2018 to discuss case status. Counsel appearing for Plaintiff(s): Amy Breihan. Counsel appearing for Defendant(s): Doug Shull and Laura Elsbury. Time in court: 10:00 am to 10:05 am. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 PACER
69	CERTIFICATE OF SERVICE by All Plaintiffs of First Set of Requests for Entry onto Land and Inspection of the MDOC Parole Revocation Hearing Sites filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 PACER
70	Amended NOTICE to take deposition of TBD filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse.(Breihan, Amy) (Entered: 05/14/2018)	May 14, 2018	May 14, 2018 PACER
71	PRO SE MOTION for order - Request for Copies filed by Joe Wells. Suggestions in opposition/response due by 5/30/2018 unless otherwise directed by the court. (Attachments: # 1 Envelope)(Ellis, Lindsey) (Entered: 05/17/2018) 1 Envelope View on PACER	May 16, 2018	May 16, 2018 PACER
72	ORDERED: Before the Court is Joe Wells' pro se motion for copies. (Doc. #71). Mr. Wells requests records in this case pursuant to the Missouri Sunshine Law. (Doc. #71, p. 1). Mr. Wells' motion is DENIED. Signed on 5/17/18 by District Judge Stephen R. Bough. Copy of this Order has been mailed to: Joe Wells 159941; SOUTH CENTRAL CORRECTIONAL CENTER 5-A-111; 255 West Highway 32; Licking, MO 65542. (Ellis, Lindsey) (Entered: 05/17/2018)	May 17, 2018	May 17, 2018 PACER
73	NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 6/7/2018 09:00 AM in Chambers before District Judge Stephen R. Bough. A memorandum of the discovery dispute, not to exceed two pages in length, should be emailed by each party no later than twenty-four hours prior to the teleconference to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov. Conference call information emailed to counsel. (Diefenbach, Tracy) (Entered: 06/05/2018)	June 5, 2018	June 5, 2018 PACER
75	ORDER: On June 7, 2018, the Court held a telephone conference to resolve a discovery dispute regarding Plaintiffs' First Set of Requests for Entry onto Land and Inspection of the Missouri Department of Corrections Parole Revocation Hearing Sites. For the reasons stated on the record, the Court overrules Defendants objections, provided that each parolee to be observed consents to the presence of Plaintiffs' counsel, one law student and/or one paralegal, one court reporter, and one videographer at that parolees parole revocation (or VOP) hearing. See Feb. 16, 2018, Minute Entry, Brown v. Precythe, No. 17-cv-4082-NKL (Doc. # 94); see also Feb. 21, 2018, Order, Id. (Doc. # 95). The Court further orders supplemental briefing by all parties, to be submitted on or before June 21, 2018, on the issue of whether any video recording of VOP hearings can include deliberations. The Court further orders a telephone conference at 11:00 a.m. on June 27, 2018, to resolve the deliberations issue and other discovery issues discussed in the June 7 telephone conference. To the extent that the parties will address discovery issues other than the deliberations issue at the June 27 telephone conference, a memorandum of the discovery dispute, not to exceed two pages in length, should be emailed by each party to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov. no later than twenty-four hours prior to the telephone conference. Signed on 6/7/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
74	Minute Entry. Proceedings held before District Judge Stephen R. Bough: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 6/7/2018. Order to be entered. Counsel appearing for Plaintiff(s): Amy Briehan. Counsel appearing for Defendant(s): Doug Shull. Time in court: 9:00 am to 9:15 am. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
78	SUGGESTIONS in support re 77 MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Amy Elizabeth Breihan on behalf of Plaintiffs Mildred Curren, Timothy Gallagher, Stephanie Gasca, Kenneth Hemphill, Jesse Neely, Solomon Warren, Amber Wyse. (Attachments: # 1 Exhibit 1 (Request to Inspect), # 2 Exhibit 2 (Wyse Revocation Order), # 3 Exhibit 3 (Gallagher Revocation Order))(Related document(s) 77 ) (Breihan, Amy) (Entered: 06/21/2018) 1 Exhibit 1 (Request to Inspect) View on PACER 2 Exhibit 2 (Wyse Revocation Order) View on PACER 3 Exhibit 3 (Gallagher Revocation Order) View on PACER	June 21, 2018	June 21, 2018 PACER
77	MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Amy Elizabeth Breihan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/5/2018 unless otherwise directed by the court. (Breihan, Amy) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
76	CERTIFICATE OF SERVICE by All Defendants filed by Laura E. Elsbury on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus.(Elsbury, Laura) (Entered: 06/21/2018)	June 21, 2018	June 21, 2018 PACER
79	SUGGESTIONS in opposition re 77 MOTION to compel DEFENDANTS COMPLIANCE WITH FIRST SET OF REQUESTS TO OBSERVE AND RECORD REVOCATION PROCEEDINGS filed by Doug Shull on behalf of Defendants Gary Dusenberg, Paul Fitzwater, Kenneth Jones, Ellis McSwain, Jr, Anne L. Precythe, Martin Rucker, Don Ruzicka, Jim Wells, Jennifer Zamkus. Reply suggestions due by 7/6/2018 unless otherwise directed by the court. (Related document(s) 77 ) (Shull, Doug) (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 PACER
81	On June 27, 2018, the Court held a teleconference to consider Plaintiffs' Motion to Compel Defendants' Compliance with First Set of Requests to Observe and Record Revocation Proceedings (Doc. #77). Because this Court finds that the deliberative-process privilege applies to the panel members' deliberations, the motion is denied. Plaintiffs are prohibited from recording or observing the panel members' deliberative process but permitted to observe and video-record other parts of the parole hearing. Signed on 6/27/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 06/27/2018)	June 27, 2018	June 27, 2018 PACER