Case: Liberty v. Rhode Island Department of Corrections

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1432896 ), filed by Charles Kenner, Davis L John, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Mulready, Anne) (Entered: 10/25/2019)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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MOTION for Amy Fettig to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1433394 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 10/25/2019)

MOTION for Lauren Kuhlik to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1433408 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 10/25/2019)

Corporate Disclosure Statement by Disability Rights Rhode Island. (Mulready, Anne) (Entered: 10/25/2019)

Order on Motion to Appear Pro Hac Vice

Case Assigned/Reassigned

Case assigned to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)

CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 10/28/2019)

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Potter, Carrie) (Entered: 10/28/2019)

1 Summons

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2 Summons

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3 Summons

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TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Amy Fettig ; granting 3 Motion to Appear Pro Hac Vice of Lauren Kuhlik. So Ordered by Chief Judge William E. Smith on 10/28/2019. (Potter, Carrie)

Summons Request filed by Disability Rights Rhode Island. (Adae, ) (Entered: 11/01/2019)

Summons Issued as to Rhode Island Department of Corrections. (Farrell Pletcher, Paula) (Entered: 11/04/2019)

NOTICE of Appearance by Patrick T. Uiterwyk on behalf of All Plaintiffs (Uiterwyk, Patrick) (Entered: 11/06/2019)

MOTION for James S. Rollins to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1441099 ) filed by All Plaintiffs. (Uiterwyk, Patrick) (Entered: 11/06/2019)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of James S. Rollins. So Ordered by Chief Judge William E. Smith on 11/7/2019. (Potter, Carrie)

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Patricia Coyne-Fague served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Mathew Kettle served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Barry Weiner served on 10/30/2019, answer due 11/20/2019. (Adae, ) (Entered: 11/08/2019)

SUMMONS Returned Executed by Charles Kenner, John Davis, Disability Rights Rhode Island, John DaPonte, Duane Gomes, Charlene Liberty, Adam Hanrahan. Rhode Island Department of Corrections served on 11/5/2019, answer due 11/26/2019. (Adae, ) (Entered: 11/08/2019)

NOTICE of Appearance by Brenda D. Baum on behalf of Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner (Baum, Brenda) (Entered: 11/20/2019)

NOTICE of Appearance by Michael W. Field on behalf of Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner (Field, Michael) (Entered: 11/20/2019)

Assented STIPULATION filed by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. (Baum, Brenda) (Entered: 11/20/2019)

Set/Reset Deadlines

Order

TEXT ORDER Entering 17 Stipulation filed by Mathew Kettle, Rhode Island Department of Corrections, Patricia Coyne-Fague, Barry Weiner. So Ordered by Chief Judge William E. Smith on 11/26/2019. (Jackson, Ryan)

Reset Deadlines: Patricia Coyne-Fague answer due 1/3/2020; Mathew Kettle answer due 1/3/2020; Rhode Island Department of Corrections answer due 1/3/2020; Barry Weiner answer due 1/3/2020. (Jackson, Ryan)

ANSWER to Complaint by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner.(Baum, Brenda) (Entered: 01/03/2020)

Order

TEXT ORDER: Pursuant to Rule 26 of the Federal Rules of Civil Procedure, the parties are directed to begin their mandatory disclosures immediately, before the Rule 16 conference. To the extent that the parties wish to begin discovery on a cooperative basis prior to the initial conference, they are encouraged to do so. So Ordered by District Judge William E. Smith on 1/7/2020. (Jackson, Ryan)

Amended ANSWER to Complaint by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner.(Baum, Brenda) (Entered: 01/13/2020)

NOTICE of Hearing: Telephonic Rule 16 Conference scheduled for 2/28/2020 at 9:00 AM before District Judge William E. Smith. The Court will initiate the call. Counsel shall provide Case Manager Ryan Jackson with direct-dial phone numbers, via email, at least 24-hours prior to the conference. (Jackson, Ryan) (Entered: 01/31/2020)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Telephonic Rule 16 Conference scheduled for 2/18/2020 at 9:00 AM before District Judge William E. Smith. The Court will initiate the call. Counsel shall provide Case Manager Ryan Jackson with direct-dial phone numbers, via email, at least 24-hours prior to the conference. (Jackson, Ryan) (Entered: 01/31/2020)

Hearing Cancelled

Case Assigned/Reassigned

Order

TEXT ORDER Transferring matter to Chief Judge John J. McConnell for all further proceedings. So Ordered by District Judge William E. Smith on 2/10/2020. (Jackson, Ryan)

Case reassigned to Chief Judge John J. McConnell, Jr. District Judge William E. Smith no longer assigned to the case. (Jackson, Ryan)

HEARING CANCELLED re: 21 Notice of Telephonic Rule 16 Conference previously scheduled for 2/18/2020 at 9:00 AM before District Judge William E. Smith is hereby CANCELLED (Jackson, Ryan)

MOTION for an Extension of Time to File Response/Reply to Plaintiffs' First Request for Production of Documents filed by All Defendants. Responses due by 4/6/2020. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A)(Baum, Brenda) (Entered: 03/23/2020)

1 Supporting Memorandum

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2 Exhibit A

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Motions Referred

MOTIONS REFERRED: 22 MOTION for an Extension of Time to File Response/Reply to Plaintiffs' First Request for Production of Documents referred for determination to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)

Order on Motion for Extension of Time to File Response/Reply

TEXT ORDER granting 22 Motion for Extension of Time to File Response/Reply. Defendants motion to extend time to respond to Plaintiffs First Request for Production of Documents (ECF No. 22) is granted as follows. Plaintiffs have propounded a massive (87 paragraph) request that will require Defendants to perform electronic and hand searches as well as to interview custodians and other persons; the request also requires that all documents, including paper records, must be converted to specified electronic format. This request was propounded on February 21, 2020, just as this State was entering what has become a state of emergency due to the COVID-19 pandemic. The Court also notes that Rhode Island Department of Corrections (RIDOC) has issued directives limiting facility access based on this emergency. Further, as of this writing, the length of the emergency and its ongoing impact on RIDOC and the ability of Defendants and their attorneys safely to work other than remotely, remains unknown. Also unknown is when the Court will be able to convene the Rule 16 conference for this case, making the date of the Rule 16 an inappropriate marker from which to measure the due date. Based on the foregoing, Defendants time to respond to the pending discovery is hereby extended 60 days to June 1, 2020, and further extensions may be requested for any reason including without limitation the COVID-19 crises. Nevertheless, the Court having previously ordered that discovery may begin before the Rule 16 conference, the Court expects that, before the due date, Defendants will begin rolling production of such documents as may be retrieved with a reasonable effort in an acceptable format consistent with safety of all affected persons and directs that the parties meet and confer regarding the form and focus of such a rolling production. Plaintiffs are cautioned that their approach to the meet and confer process must be cabined by the reality that the Court will not issue discovery orders in this case that will put persons at risk during this time of emergency. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/25/2020. (Saucier, Martha)

MOTION for Maria V. Morris to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1507016 ) filed by All Plaintiffs. (Mulready, Anne) (Entered: 05/29/2020)

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of Maria V Morris. So Ordered by Chief Judge John J. McConnell, Jr. on 5/29/2020. (Potter, Carrie)

RESPONSE In Opposition to 23 MOTION for Maria V. Morris to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1507016 ) filed by All Defendants. Replies due by 6/5/2020. (Baum, Brenda) (Entered: 05/29/2020)

Order on Motion to Appear Pro Hac Vice

DOCKET NOTE: The State withdraws the 24 Response to Motion (Barletta, Barbara)

MOTION for an Extension of Time to Complete Discovery filed by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. Responses due by 6/15/2020. (Baum, Brenda) (Entered: 06/01/2020)

Public Docket Note

TEXT ORDER: Plaintiffs must file any objection to the State's very reasonable request for an extension by COB today, Tuesday, June 2, 2020 - So Ordered by Chief Judge John J. McConnell, Jr. on 6/2/2020. (Barletta, Barbara)

STATUS REPORT Letter to Chief Judge McConnell Re Dispute As To Protective Order (pursuant to 5/28/2020 email) by All Plaintiffs. (Attachments: # 1 Exhibit Draft Proposed Protective Order)(Uiterwyk, Patrick) (Entered: 06/02/2020)

1 Exhibit Draft Proposed Protective Order

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MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery filed by All Plaintiffs. Responses due by 6/16/2020. (Attachments: # 1 Exhibit Declaration of Lauren Kuhlik with Exhibits)(Kuhlik, Lauren) (Entered: 06/02/2020)

1 Exhibit Declaration of Lauren Kuhlik with Exhibits

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Order

MOTIONS REFERRED: 25 MOTION for an Extension of Time to Complete Discovery, 27 MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery referred for determination to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)

TEXT ORDER: This case is hereby referred to Magistrate Judge Patricia A. Sullivan to preside over all pretrial and discovery issues - So Ordered by Chief Judge John J. McConnell, Jr. on 6/3/2020. (Barletta, Barbara)

STATUS REPORT State's Letter to Chief Judge McConnell re Dispute as to Protective Order by Patricia Coyne-Fague, Mathew Kettle, Rhode Island Department of Corrections, Barry Weiner. (Attachments: # 1 Exhibit)(Baum, Brenda) (Entered: 06/03/2020)

1 Exhibit

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Motions Referred

Order

NOTICE of Hearing:Video Status Conference set for 6/9/2020 at 11:30 AM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions emailed to counsel of record.(Saucier, Martha)

Notice of Hearing (Form Attached)

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Status Conference held on 6/9/2020 with all counsel of record. ( Video Conference at 11:35.) (Saucier, Martha)

NOTICE of Hearing:VIDEO Rule 16 Conference set for 6/30/2020 at 10:00 AM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions to video conference emailed to all counsel of record.(Saucier, Martha)

Status Conference

Notice of Hearing (Form Attached)

TEXT ORDER granting 25 Motion for Extension of Time to Complete Discovery. ; granting 27 MOTION to Set Rule 16 Conference and Respond to Defendants' Request for Extension of Time re: 25 MOTION for an Extension of Time to Complete Discovery . Defendants motion to extend time to respond to document request (ECF No. 25) is granted. Plaintiffs motion to set Rule 16 Conference (ECF No. 27) is granted in the Rule 16 conference is now scheduled. Based on the Courts discussion with the parties, the Rule 16 conference for this case will be held on June 30, 2020, at 10 am. In advance of the Rule 16 conference, no later than 5 pm on June 26, 2020, the parties shall file their Rule 26(f) report, which shall include a proposed case management order if the parties agree that one is appropriate, as well as a proposed schedule. To the extent that the parties do not agree on any issue to be discussed at the Rule 16 conference, either may file a separate report. In addition, each party may, but is not required to, file a Rule 16 Statement that briefly addresses the matters listed in DRI LR Cv 16(b). To the extent that the parties have any remaining disagreements regarding the protective order, each shall file a letter stating such positions by 5 pm on June 26, 2020, and, if not decided sooner, the Court will address any such disputes at the Rule 16 conference.. So Ordered by Magistrate Judge Patricia A. Sullivan on 6/10/2020. (Saucier, Martha)

Order on Motion for Miscellaneous Relief AND Order on Motion for Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery AND Order on Motion for Miscellaneous Relief

MOTION to Withdraw as Attorney Amy Fettig filed by John DaPonte, John Davis, Disability Rights Rhode Island, Duane Gomes, Adam Hanrahan, Charles Kenner, Charlene Liberty. Responses due by 6/29/2020. (Fettig, Amy) (Entered: 06/15/2020)

TEXT ORDER granting 29 Motion to Withdraw as Attorney. Attorney Amy Fettig terminated- So Ordered by Chief Judge John J. McConnell, Jr. on 6/16/2020. (Barletta, Barbara)

Order on Motion to Withdraw as Attorney

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Rule 16 Conference held on 6/30/2020. ( Video Conference at 10:04.) (Saucier, Martha)

NOTICE of Hearing: Video Status Conference set for 8/4/2020 at 10:00 AM before Magistrate Judge Patricia A. Sullivan with counsel of record. Instructions for video conference have been emailed to counsel of record. (Saucier, Martha)

Rule 16 Conference

Notice of Hearing (Form Attached)

TEXT PRETRIAL SCHEDULING ORDER: Responses to interrogatories and document requests (including the production of documents) to be substantially complete by 1/15/21; Fact Discovery to close by 6/21/21; Expert disclosures by the party with the burden of proof on the specified issue shall be made by 7/12/21; responsive expert disclosures shall be made by 8/9/21; Any expert disclosure in reply to a responsive disclosure shall be made by August 23, 2021; Expert discovery shall close by 10/4/21; Any dispositive motion shall be filed by 10/18/21; 30 days after a decision on any dispositive motion, or, if no dispositive motion is filed, by 11/8/21, pretrial memoranda and related materials (as directed by the Court) shall be filed. As discussed during the Rule 16 Conference, as soon as practicable, the parties shall meet and confer regarding the array of case management topics identified during the Rule 16 Conference. Subsequent case management orders will issue as needed, including a schedule in connection with class certification. No discovery motions shall be filed until after parties in good faith have tried to resolve the matter. If meet and confer does not resolve the dispute, before any motions are filed, the party must also have an informal conference with the Court, which can be arranged by contacting Magistrate Judge Sullivans case scheduling manager. The Court notes that the current pandemic may pose unique discovery challenges for the parties and will be receptive to appropriate adjustments to this schedule arising from these challenges. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

TEXT ORDER: The parties shall submit a draft protective order, by email, to the Courts case scheduling manager, by 7/17/20 in accord with the Courts instructions as outlined at the Rule 16 Conference. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

TEXT ORDER: To continue the case management process for this case, the Court will conduct a status conference on August 4, 2020 at 10:00 a.m. The parties shall be prepared to report on the meet and confer regarding the topics identified at the Rule 16 Conference.So Ordered by Magistrate Judge Patricia A. Sullivan on 7/1/2020. (Leyva, Lucia)

Scheduling Order (form attached)

Order

TEXT ORDER: This case is referred to Magistrate Judge Patricia A. Sullivan for Court annexed mediation governed by the Court's Alternative Dispute Resolution Plan - So Ordered by Chief Judge John J. McConnell, Jr. on 7/6/2020. (Barletta, Barbara)

NOTICE of Hearing: Mediation (Video) set for 7/10/2020 at 01:00 PM before Magistrate Judge Patricia A. Sullivan. The invitation and instructions related to this video mediation will be emailed to counsel of record.(Leyva, Lucia)

Order

Notice of Hearing (Form Attached)

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Settlement Conference held on 7/10/2020. (Video Conference at 1:00.) (Saucier, Martha)

Settlement Conference

NOTICE of Hearing: Settlement Conference set for 7/27/2020 at 01:30 PM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions emailed to counsel of record.(Saucier, Martha)

Notice of Hearing (Form Attached)

PROTECTIVE ORDER. So Ordered by Magistrate Judge Patricia A. Sullivan on 7/21/2020. This protective order is entered as an order of the Court based on the Courts various conferences with the parties regarding the protective order, the parties stipulation to its most of its content, and as further ruled upon by the Court.(Saucier, Martha) Modified on 7/21/2020 (Saucier, Martha). Added docket text. (Entered: 07/21/2020)

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Settlement Conference held on 7/27/2020. (Video Conference at 1:30.) (Saucier, Martha)

NOTICE of Hearing: Settlement Conference set for 8/25/2020 at 02:00 PM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions have been emailed to counsel of record.(Saucier, Martha)

Settlement Conference

Notice of Hearing (Form Attached)

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Status Conference held on 8/4/2020. Anne Mulready, Brian Adae, James Rollins, Lauren Kuhik, Maria Morris and Patrick Uiterwyk for plaintiffs; Brenda Baum and Nicole DiLibero for defendants. Court addresses both sides; Both sides address the Court; Court to schedule quarterly status conferences with a status report provided to the Court 5 days prior to conference. ( Video Hearing at 10:04.) (Saucier, Martha)

TEXT ORDER: : Based on the discussion with the parties at the status conference held today, the Court will conduct quarterly pretrial status conferences, by zoom, on the record. Five days before each status conference, the parties are ordered to file a joint case management report regarding the status of discovery and any other pretrial issue either side wishes to bring to the Courts attention. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/4/2020. (Saucier, Martha)

NOTICE of Hearing: VIDEO Status Conference set for 11/5/2020 at 10:00 AM in Remote Hearing before Magistrate Judge Patricia A. Sullivan with Counsel of record. Invitation and instructions for video conference have been emailed to counsel of record.(Saucier, Martha)

Status Conference

Order