Case: Wilson v. Williams

4:20-cv-00794 | U.S. District Court for the Northern District of Ohio

Filed Date: April 13, 2020

Closed Date: May 12, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On April 13, 2020, medically vulnerable individuals incarcerated at the federal prison FCI Elkton sought release in light of the threat of COVID-19. On April 22, the court granted a preliminary injunction, ordering the prison to identify all such prisoners and evaluate each for transfer by any means (compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough). For anyone ineligible for transfer to a community setting, the Court ordered…

COVID-19 Summary: On April 13, 2020, medically vulnerable individuals incarcerated at the federal prison FCI Elkton sought release in light of the threat of COVID-19. On April 22, the court granted a preliminary injunction, ordering the prison to identify all such prisoners and evaluate each for transfer by any means (compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough). For anyone ineligible for transfer to a community setting, the Court ordered transfer to another prison facility that would enable social distancing or testing/single cell placement. After numerous appeals to the Sixth Circuit and Supreme Court of the United States, the Sixth Circuit vacated the injunction. The defendants filed a motion to dismiss in July 2020 and between September 2020 and March 2021, the court granted numerous joint motions to stay all proceedings . The defendants continued to file daily status reports through April 2021. In January and May 2021, the plaintiffs filed two notices of stipulated dismissal, which terminated their claims. The case is now closed.


As of April 13, 2020, the state of Ohio reported 6,975 total cases of COVID-19. By that time, at least three individuals incarcerated in the Elkton Federal Prison, located south of Youngstown, Ohio, had died of the disease.

On April 13, 2020, the plaintiffs, a group of incarcerated individuals at Elkton and its adjacent low-security facility, brought this lawsuit against the Warden of Elkton and the Director of the Federal Bureau of prisons, seeking habeas relief in the form of expedited consideration and immediate release of the putative class. The plaintiffs sought class action certification for all current and future individuals in custody at Elkton, including a medically-vulnerable subclass, representing a total of approximately 2,417 individuals. Specifically, the plaintiffs alleged that the prison failed to "provide meaningful protection" against the spread of the disease, citing experts who stated that social distancing within the prison was "impossible" and that the close proximity of showers, phones, and sinks made transmission even more likely. The plaintiffs also alleged a total lack of soap or hand sanitizer dispensers, and stated that Elkton "does nothing to protect high-risk prisoners." The plaintiffs sought expedited release of the Medically-Vulnerable subclass and judicial supervision of a prevention and mitigation plan.

The case was assigned to Judge James S. Gwin, who, on April 14, granted the plaintiffs' motion to expedite. On April 17, the defendants filed an answer. On the same day, the court ordered the defendants to submit a list of individuals who were immunocompromised. The defendants argued that steps taken at Elkton--including screening, quarantine procedures, and staff education--were sufficient, and that the plaintiffs were not suffering constitutional harm as a result of their incarceration during the COVID-19 crisis.

On April 22, the Court granted a preliminary injunction, granting in part and denying in part the plaintiff's request for relief. The Court ordered that, within one day, the defendants must identify all members of the subclass and, within two weeks, evaluate each member’s eligibility for transfer out of Elkton, such as through compassionate release, parole or community supervision, transfer furlough, non-transfer furlough, or transfer to another facility where appropriate measures (such as testing, single-cell placement, social distancing) were being taken. 455 F.Supp.3d 467.

The defendants failed to provide a list of class members and instead appealed the preliminary injunction to the Sixth Circuit on April 27. The appeal was assigned USCA Case Number 20-3447. In the Circuit Court, the defendants moved to stay pending appeal, which the court denied on May 4, 2020 on the grounds that the defendants’ time to comply with the April 22 order was about to expire, rendering any remaining harm slight. On April 29, the defendants also moved for the Sixth Circuit to stay the District Court's order, which the Sixth Circuit denied the following day.

Back in the District Court, on April 28, the defendants moved to stay pending appeal.

The plaintiffs then filed an emergency motion to compel the list of potential class members, which the court granted on April 29. The plaintiffs also moved to certify a class that would include all current and future people in post-conviction custody at Elkton, and a subclass of vulnerable people either over the age of 50 or with an underlying condition. On April 30, the defendants provided a list of class members. On May 6, the plaintiffs moved to enforce the preliminary injunction, claiming that the defendants failed to conduct the required evaluations and transfers.

On May 8, the District Court denied the defendant's motion to stay pending appeal on the grounds that the Sixth Circuit decided the legal issues underpinning a stay determination, a decision that was likely binding on the District Court. 2020 WL 2308441. The court also order the defendants to provide a specific reason as to why each class member was deemed ineligible for release or transfer.

As of May 19, approximately one in four inmates (24%) at Elkton had been infected with COVID-19. On May 19, the court noted that such a number was "unacceptable" and that the defendants had made only limited efforts to reduce the COVID-19 risks despite the preliminary injunction, and granted the plaintiffs' motion to enforce the preliminary injunction. 2020 WL 2542131. Specifically, the court ordered the defendants to file daily reports, indicating the number of COVID-19 tests performed and the results.

On May 21, the defendants applied for a stay of the preliminary injunction pending appeal of the Sixth Circuit decision to the Supreme Court of the United States. The Supreme Court denied the application for stay on May 26. 140 S.Ct. 2800. They stated that the defendant was only seeking a stay of the April 22 preliminary injunction, which had been superseded by a newly issued order from the District Court enforcing the preliminary injunction and imposing additional measures. The Court noted that the defendant had not yet sought Sixth Circuit review of the May 19 order. 2020 WL 2644305.

On May 27, the defendants appealed the May 19 order enforcing the preliminary injunction to the Sixth Circuit. This second Sixth Circuit appeal was assigned USCA Case Number 20-3547. The Sixth Circuit refused to stay the order on June 1, but stated that the first appeal (USCA 20-3447) would be expedited on the schedule suggested by the parties. 2020 WL 2904706.

Back in the District Court, the defendants filed an emergency order to stay the May 19 order, which the court denied on June 4. 2020 WL 3000464. That same day, the defendants submitted a reply to the U.S. Supreme Court, stating that they expected to begin the transfer of the first group of individuals to other facilities on June 5, even before the oral argument scheduled on the same day. In light of this, they sought to stay the injunction until a decision is made by the Sixth Circuit, or by the Supreme Court, if necessary. That same day, the Supreme Court suspended the April 22 and May 19 orders pending the defendants' appeal for the Sixth Circuit. 2020 WL 2988458.

On June 9, the Sixth Circuit vacated the injunction on appeal in USCA 20-3447. 961 F.3d 829. The Sixth Circuit first found that jurisdiction was proper as the PLRA does not apply in habeas challenges. However, they ruled that the defendant, by implementing a six-phase plan to mitigate the risk of COVID-19, had responded reasonably to the risk and therefore defendants actions were not deliberately indifferent. Therefore, the Sixth Circuit found that “while the harm imposed by COVID-19 on inmates at Elkton ultimately [is] not averted,” the plaintiffs’ Eighth Amendment rights had not been violated.

On June 5, George Winkleman, an individual housed at FCI Elkton, sought to intervene. On June 10, Eric Henderson, an immunosuppressed individual currently housed at FCI Elkton, also sought to intervene. Both motions were denied on July 23.

On July 2, the plaintiffs moved for expedited discovery, compelling the defendants to respond within 14 days due to the time-sensitivity of the case on July 2. The court granted the motion on August 6.

On July 19, the Sixth Circuit in USCA 20-3447 denied the defendants' motion to expedited the issuance of a mandate regarding the appeal.

On July 27, the defendants filed a motion to dismiss for failure to state a claim. They argued that the plaintiffs did not have a habeas claim because they did not seek release from prison custody and their claims could be remedied through means other than release. They also argued that the plaintiffs failed to state an Eighth Amendment violation because they could not establish deliberate indifference. On August 20, the plaintiffs moved to amend the complaint and substitute class representatives.

After the defendants moved for summary vacatur, on September 17, in USCA 20-3547, the Sixth Circuit vacated the District Court's May 19 order and remanded to the District Court for further proceedings.

From September 2020 through April 2021, the court granted numerous motions to stay all proceedings filed by the defendants. January 8, 2021, the parties filed a stipulated notice of dismissal for two of the plaintiffs. The stipulated dismissal was approved on January 11. On May 10, another notice of a stipulated dismissal was filed by the remaining two plaintiffs, which was approved on May 12. As a result of this order, no claims remained, and all of the plaintiffs' pending motions were terminated by the court. The case is now closed.

Summary Authors

Chandler Hart-McGonigle (11/22/2020)

Averyn Lee (9/25/2020)

Zofia Peach (3/18/2021)

Nicholas Gillan (11/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17064223/parties/wilson-v-williams/


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Gibbons, Julia Smith (Tennessee)

Gwin, James S. (Ohio)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Calvo-Friedman, Jennesa (New York)

Carey, David J. (Ohio)

Carroll, Sarah (District of Columbia)

Datla, Kirti (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Gibbons, Julia Smith (Tennessee)

Gwin, James S. (Ohio)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Calvo-Friedman, Jennesa (New York)

Carey, David J. (Ohio)

Carroll, Sarah (District of Columbia)

Datla, Kirti (District of Columbia)

Fathi, David Cyrus (District of Columbia)

Francisco, Noel (District of Columbia)

Levenson, Freda J. (Ohio)

Mead, Joseph W. (Ohio)

Singleton, David A. (Ohio)

Vander Laan, Mark A. (Ohio)

Wright, Abby C. (District of Columbia)

Zuckerman, Michael L. (Ohio)

Attorneys(s) for Defendant

Bennett, James R. II (Ohio)

DeCaro, Sara E. (Ohio)

DeVito, David M. (Ohio)

Herdman, Justin E. (Ohio)

Ross, Casen B (District of Columbia)

Other Attorney(s)

Aiken, Matthew Guicen (District of Columbia)

Buergel, Susanna M. (New York)

Chandra, Subodh (Ohio)

Debold, David (District of Columbia)

Gelsomino, Sarah Jeanette (Illinois)

Greene, Jacqueline C. (Ohio)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Mancina, Salvatore M. (District of Columbia)

Osseck, Laura A. (Ohio)

Thompson, Darin (Ohio)

Walls, La Coulton J (Illinois)

Expert/Monitor/Master

Goldenson, Joe (California)

Novisky, Meghan (Ohio)

Documents in the Clearinghouse

Document

4:20-cv-00794

20-03447

20-03547

Docket [PACER]

Oct. 15, 2021

Oct. 15, 2021

Docket
1 (& 1-1 to 1-11)

4:20-cv-00794

Complaint

April 13, 2020

April 13, 2020

Complaint
7

4:20-cv-00794

Order

April 14, 2020

April 14, 2020

Order/Opinion
10 (& 10-1 to 10-3)

4:20-cv-00794

Answer, Return of Writ, and Response in Opposition to Petition for Writ of Habeas Corpus, Injunctive and Declaratory Relief

April 17, 2020

April 17, 2020

Pleading / Motion / Brief
18

4:20-cv-00794

Petitioners' Reply Memorandum in Support of Their Emergency Petition for a Writ of Habeas Corpus

April 18, 2020

April 18, 2020

Pleading / Motion / Brief
23

4:20-cv-00794

Brief of Amici Curiae Public Health and Human Rights Experts

April 22, 2020

April 22, 2020

Pleading / Motion / Brief
22

4:20-cv-00794

Order

455 F.Supp.3d 467, 2020 WL 1940882

April 22, 2020

April 22, 2020

Order/Opinion
29-3

4:20-cv-00794

Emergency Motion for Stay Pending Appeal - Exhibit B

April 28, 2020

April 28, 2020

Declaration/Affidavit
29 & 29-1

4:20-cv-00794

Emergency Motion for Stay Pending Appeal and Memorandum in Support of Emergency Motion to Stay

April 28, 2020

April 28, 2020

Pleading / Motion / Brief
30 (& 30-1 to 30-4)

4:20-cv-00794

Corrected Emergency Motion for Stay Pending Appeal

April 28, 2020

April 28, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17064223/wilson-v-williams/

Last updated May 31, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

Judge James S. Gwin assigned to case. (W,K)

April 13, 2020

April 13, 2020

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (W,K)

April 13, 2020

April 13, 2020

PACER
1

Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal custody. Filing fee paid $ 5, receipt number AOHNDC-9916754.. Filed by Craig Wilson, Maximino Nieves, Kendal Nelson, Eric Bellamy. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A - Novisky Declaration, # 4 Exhibit B - Goldenson Declaration, # 5 Exhibit C - Nelson Declaration, # 6 Exhibit D - McReynolds Declaration, # 7 Exhibit E - Bellamy Declaration, # 8 Exhibit F - Nieves Declaration, # 9 Exhibit G - Jackson Declaration, # 10 Exhibit H - Wilson Declaration, # 11 Exhibit I - Arzola Declaration) (Carey, David) (Entered: 04/13/2020)

1 Civil Cover Sheet

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2 Summons

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3 Exhibit A - Novisky Declaration

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4 Exhibit B - Goldenson Declaration

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5 Exhibit C - Nelson Declaration

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6 Exhibit D - McReynolds Declaration

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7 Exhibit E - Bellamy Declaration

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8 Exhibit F - Nieves Declaration

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9 Exhibit G - Jackson Declaration

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10 Exhibit H - Wilson Declaration

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11 Exhibit I - Arzola Declaration

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April 13, 2020

April 13, 2020

RECAP
2

Motion to Expedite and Memorandum in Support filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Carey, David) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP
3

Magistrate Consent Form issued. (W,K) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
4

Original Summons issued to counsel for service upon Michael Carvajal and Mark Williams. (W,K) (Entered: 04/14/2020)

April 13, 2020

April 13, 2020

PACER
5

Attorney Appearance by James R. Bennett, II filed by on behalf of Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
6

Attorney Appearance by Sara E. DeCaro (Co-Counsel) filed by on behalf of Michael Carvajal, Mark Williams. Related document(s) 5 .(DeCaro, Sara) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
7

Order signed by Judge James S. Gwin on 4/14/2020. The Court grants petitioners' motion to expedite and orders response briefing to be filed by 4/17/2020 at 12:00 PM EST. (Related Doc # 2 )(S,KM) (Entered: 04/15/2020)

April 14, 2020

April 14, 2020

PACER
8

Motion for leave To File Instanter Brief Of Amicus Curiae In Support Of Petitioners Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief filed by Amicus Curiae Disability Rights Ohio. Related document(s) 1 . (Attachments: # 1 Exhibit A - Brief of Amicus Curiae Disability Rights Ohio)(Osseck, Laura) (Entered: 04/16/2020)

1 Exhibit A - Brief of Amicus Curiae Disability Rights Ohio

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April 16, 2020

April 16, 2020

PACER
9

Corporate Disclosure Statement filed by Disability Rights Ohio. (Osseck, Laura) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Order on Motion for leave

April 17, 2020

April 17, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/17/2020 granting Motion for leave To File Instanter Brief Of Amicus Curiae In Support Of Petitioners Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief filed by Amicus Curiae Disability Rights Ohio. (Related Doc # 8 ). (S,KM)

April 17, 2020

April 17, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/17/2020 granting Motion for leave To File Instanter Brief Of Amicus Curiae In Support Of Petitioners Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief filed by Amicus Curiae Disability Rights Ohio. (Related Doc # 8). (S,KM)

April 17, 2020

April 17, 2020

PACER

IMPORTANT: Notice [non-document] of Status Conference set for 4/17/2020 at 03:15 PM to be held by video conference before Judge James S. Gwin. Conference information to be provided by email. (S,KM)

April 17, 2020

April 17, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/17/2020. In advance of the hearing today, the Respondents are ordered to identify all inmates who meet the following conditions: inmates suffering from documented and pre-existing: heart, pulmonary, kidney or liver conditions, diabetes, or conditions that cause a person to be immunocompromised, including but not limited to cancer, transplants, and HIV or AIDS, but excluding smoking and obesity. (S,KM)

April 17, 2020

April 17, 2020

PACER
10

Answer, Return of Writ, and Reponse in Opposition filed by Michael Carvajal, Mark Williams. Related document(s) 1 . (Attachments: # 1 Exhibit A - Declaration of Sarah Dees, # 2 Exhibit B - Declaration of Kristy Cole, # 3 Exhibit C - AG Memos, BOP Memo) (Bennett, James) (Entered: 04/17/2020)

1 Exhibit A - Declaration of Sarah Dees

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2 Exhibit B - Declaration of Kristy Cole

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3 Exhibit C - AG Memos, BOP Memo

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April 17, 2020

April 17, 2020

RECAP
11

Response to Court Order filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
12

Minutes of Status Conference before Judge James S. Gwin on 4/17/2020. The Court takes matter under advisement. (Court Reporter: S. Perkins;Time: 40 minutes) (S,KM) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
13

Attorney Appearance by Michael L. Zuckerman filed by on behalf of All Plaintiffs. (Zuckerman, Michael) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
14

Motion for leave to File Brief of Amici Curiae Public Health and Human Rights Experts and Memorandum of points and authorities in support thereof filed by Kathryn Hampton, MSt and Brie Williams, M.D. (Attachments: # 1 Exhibit A Proposed Brief of Amici Curiae Public Health and Human Rights Experts)(Greene, Jacqueline) (Entered: 04/17/2020)

1 Exhibit Exhibit A Proposed Brief of Amici Curiae Public Health and Human Rights

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April 17, 2020

April 17, 2020

PACER
15

Motion for attorney Susanna M. Buergel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9927596, filed by Amici Curiae. Related document(s) 14 . (Attachments: # 1 Exhibit Declaration of Susanna M. Buergel, # 2 Proposed Order)(Greene, Jacqueline) (Additional attachment(s) added on 4/20/2020: # 3 Signed Declaration) (B,R). (Entered: 04/17/2020)

1 Exhibit Declaration of Susanna M. Buergel

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2 Proposed Order

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3 Signed Declaration

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April 17, 2020

April 17, 2020

PACER
16

Motion for attorney Darren W. Johnson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9927601, filed by Amici Curiae. Related document(s) 14 . (Attachments: # 1 Exhibit Declaration of Darren W. Johnson, # 2 Proposed Order)(Greene, Jacqueline) (Additional attachment(s) added on 4/20/2020: # 3 Signed Declaration) (B,R). (Entered: 04/17/2020)

1 Exhibit Declaration of Darren W. Johnson

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2 Proposed Order

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3 Signed Declaration

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April 17, 2020

April 17, 2020

PACER
17

Motion for attorney David C. Kimball-Stanley to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9927602, filed by Amici Curiae. Related document(s) 14 . (Attachments: # 1 Exhibit Declaration of David C. Kimball-Stanley, # 2 Proposed Order)(Greene, Jacqueline) (Additional attachment(s) added on 4/20/2020: # 3 Signed Declaration) (B,R). (Entered: 04/17/2020)

1 Exhibit Declaration of David C. Kimball-Stanley

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2 Proposed Order

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3 Signed Declaration

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April 17, 2020

April 17, 2020

PACER
18

Reply Memorandum in Support of their Emergency Petition for a Writ of Habeas Corpus filed by All Plaintiffs. Related document(s) 10 . (Carey, David) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

RECAP
19

Supplement to Respondents' Answer, Return of Writ, and Response in Opposition to Petitioners Emergency Petition for Writ of Habeas Corpus, Injunctive and Declaratory Relief, filed by Michael Carvajal, Mark Williams. Related document(s) 10 . (Attachments: # 1 Exhibit D- Additional Relevant Case Law: Edward Nellson v. Warden J. Barnhart, et al)(Bennett, James) (Entered: 04/18/2020)

1 Exhibit D- Additional Relevant Case Law: Edward Nellson v. Warden J. Barnhart, e

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April 18, 2020

April 18, 2020

RECAP
20

Notice of Additional Case Law filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit E - Order Denying Plaintiff's Emergency Motion) Related document(s) 19 .(Bennett, James) (Entered: 04/20/2020)

1 Exhibit E- ORDER DENYING PLAINTIFFS EMERGENCY MOTION

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April 20, 2020

April 20, 2020

PACER
21

Notice of Supplemental Case Law and Response to Respondents' Notices of Supplemental Case Law filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Amaya-Cruz v. Adducci, # 2 Exhibit B - Cameron v. Bouchard, # 3 Exhibit C - Banks v. Booth)Related document(s) 19, 20 .(Carey, David) (Entered: 04/20/2020)

1 Exhibit A - Amaya-Cruz v. Adducci

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2 Exhibit B - Cameron v. Bouchard

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3 Exhibit C - Banks v. Booth

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April 20, 2020

April 20, 2020

RECAP

Order on Motion to appear pro hac vice

April 22, 2020

April 22, 2020

PACER

Order on Motion for leave

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for leave to file Brief of Amici Curiae Public Health and Human Rights Experts (Related Doc # 14 )(S,KM)

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for leave to file Brief of Amici Curiae Public Health and Human Rights Experts (Related Doc # 14)(S,KM)

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for appearance pro hac vice by attorney Susanna M. Buergel for Kathryn Hampton and Brie Williams. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 15 )(S,KM)

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for appearance pro hac vice by attorney Darren W. Johnson for Kathryn Hampton and Brie Williams. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 16 )(S,KM)

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for appearance pro hac vice by attorney David C. Kimball-Stanley for Kathryn Hampton and Brie Williams. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 17 )(S,KM)

April 22, 2020

April 22, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 4/22/2020 granting Motion for appearance pro hac vice by attorney David C. Kimball-Stanley for Kathryn Hampton and Brie Williams. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 17)(S,KM)

April 22, 2020

April 22, 2020

PACER
22

Order of Preliminary Injunction signed by Judge James S. Gwin on 4/22/2020. For the reasons as set forth in this Order, the Court grants in part and denies in part Petitioners motion for relief. (S,KM) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
23

Brief filed by Amici Curiae Public Health and Human Rights Experts. Related document(s) 14,. (Greene, Jacqueline) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
24

Motion to File Under Seal and Ex Parte filed by Michael Carvajal, Mark Williams. Related document(s) 22 . (Bennett, James) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

RECAP
25

Opposition to 24 Motion to File Under Seal and Ex Parte filed by All Plaintiffs. (Carey, David) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

RECAP

IMPORTANT: Notice [non-document] of Status Conference set for 4/27/2020 at 10:30 AM to be held by video conference before Judge James S. Gwin. Conference information to be provided to counsel by email. (S,KM)

April 27, 2020

April 27, 2020

PACER
26

NOTICE OF INTERLOCUTORY APPEAL to the Sixth Circuit Court of Appeals from the 22 Preliminary Injunction of 4/22/20, filed by Michael Carvajal, Mark Williams (Bennett, James) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
27

Minutes of Status Conference before Judge James S. Gwin on 4/27/2020. Status Conference held via video conference. The Court denies respondent's motion to file under seal and ex-parte 24 . The Court directs Petitioner's motion for class certification to be filed by close of business Wednesday 4/29/2020 with any opposition to be filed by close of business 5/1/2020. The Court further directs motion to stay be filed by close of business 4/29/2020, with any opposition to be filed by 12:00 pm 4/30/2020. (Court Reporter: S. Perkins; Time: 35 minutes) (S,KM) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP

Acknowledgment from the USCA for Sixth Circuit of receipt of 26 Notice of Interlocutory Appeal (USCA# 20-3447). Date filed in USCA 4/27/20. (H,SP)

April 28, 2020

April 28, 2020

PACER
28

Expedited Non-Appeal Transcript Order Form for proceedings held on 04/17/2020; 04/27/2020 before Judge James S. Gwin, re 27 Status Conference, Terminate Motions, 12 Status Conference. Court Reporter: Shirle Perkins. Requested completion date: 04/29/2020 filed by Michael Carvajal, Mark Williams. Related document(s) 27, 12 . (Bennett, James) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
29

Emergency Motion for Stay pending Appeal filed by Michael Carvajal, Mark Williams. Related document(s) 27, 22, 26 . (Attachments: # 1 Brief in Support, # 2 Exhibit A - Declaration of Kristy Cole, # 3 Exhibit B - Declaration of Cory Clark, # 4 Exhibit C - Declaration of Peter Pottios)(Bennett, James) (Entered: 04/28/2020)

1 Brief in Support

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2 Exhibit A - Declaration of Kristy Cole

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3 Exhibit B - Declaration of Cory Clark

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4 Exhibit C - Declaration of Peter Pottios

View on PACER

April 28, 2020

April 28, 2020

PACER
30

(Corrected) Emergency Motion to Stay pending Appeal filed by Michael Carvajal, Mark Williams. Related document(s) 27, 22, 26 . (Attachments: # 1 Brief in Support, # 2 Exhibit A - Declaration of Kristy Cole, # 3 Exhibit B - Declaration of Cory Clark, # 4 Exhibit C - Declaration of Peter Pottios)(Bennett, James) (Entered: 04/28/2020)

1 Brief in Support

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2 Exhibit A - Declaration of Kristy Cole

View on RECAP

3 Exhibit B - Declaration of Cory Clark

View on RECAP

4 Exhibit C - Declaration of Peter Pottios

View on RECAP

April 28, 2020

April 28, 2020

RECAP
31

Emergency Motion to Compel and Memorandum in Support filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 22 . (Attachments: # 1 Exhibit A - Email Correspondence)(Carey, David) (Entered: 04/29/2020)

1 Exhibit A - Email Correspondence

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April 29, 2020

April 29, 2020

PACER
32

Marginal Entry Order entered by Judge James S. Gwin on 4/29/2020 granting Motion to compel (Related Doc # 31 ). The Court orders Respondents to provide list by April 30, 2020 at 8:00 AM EST. (S,KM) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
33

Motion for class certification filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Attachments: # 1 Brief in Support of Motion for Class Certification, # 2 Exhibit A - Carey Declaration)(Carey, David) (Entered: 04/29/2020)

1 Brief in Support of Motion for Class Certification

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2 Exhibit A - Carey Declaration

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April 29, 2020

April 29, 2020

PACER
34

Notice of Filing Respondents' Emergency Motion to Stay in Court of Appeals filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
35

Notice of Identification of inmates filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit A List of Inmates)Related document(s) 32 .(Bennett, James) (Entered: 04/30/2020)

1 Exhibit A List of Inmates

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April 30, 2020

April 30, 2020

PACER
36

Notice of Order on Respondents' Emergency Motion for Administrative Stay in Court of Appeals filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit A Sixth Circuit Order on Emergency Administrative Stay)(Bennett, James) (Entered: 04/30/2020)

1 Exhibit A Sixth Circuit Order on Emergency Administrative Stay

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April 30, 2020

April 30, 2020

RECAP
37

Opposition to 30 (Corrected) Emergency Motion to Stay pending Appeal filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Carey, David) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
38

Appeal Order from USCA for the Sixth Circuit: Denying the request for administrative stay of the 26 Notice of Interlocutory Appeal (USCA# 20-3447). Circuit Judges: Cole, Gibbons, and Cook. Date issued by USCA 4/30/20 (H,SP) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
39

Expedited Non-Appeal Transcript Order Form for proceedings held on 4/17/20 and 4/27/20 before Judge James S. Gwin, Court Reporter: Shirle Perkins. Requested completion date: 05/01/2020 filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Carey, David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
40

Transcript of Hearing held on April 17, 2020 before Judge James Gwin. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [32 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/8/2020. Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. Related document(s) 28, 39 . (P,Sh) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
41

Transcript of Hearing held on April 27, 2020 before Judge James Gwin. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [20 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/8/2020. Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. Related document(s) 28, 39 . (P,Sh) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
42

Attorney Appearance by David M. DeVito filed by on behalf of Michael Carvajal, Mark Williams. (DeVito, David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
43

Opposition to 33 Motion for class certification filed by Michael Carvajal, Mark Williams. (DeVito, David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
44

Emergency Motion for Expedited Discovery and Motion for Entry of Protective Order filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 22 . (Attachments: # 1 Exhibit A - Proposed Protective Order)(Carey, David). Modified text, added motion part on 5/5/2020 (S,SR). (Entered: 05/04/2020)

1 Exhibit A - Proposed Protective Order

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May 4, 2020

May 4, 2020

RECAP
45

Order signed by Judge James S. Gwin on 5/5/2020 requiring memorandums as set forth in this Order. (S,KM) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
46

Appeal Order from USCA for the Sixth Circuit: The motion to stay is Denied. The motion to strike is Denied re 26 Notice of Interlocutory Appeal (USCA# 20-3447). Circuit Judges: Cole, Gibbons, and Cook. Date issued by USCA 5/4/20 (H,SP) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
47

Memorandum regarding effect of the Sixth Circuit May 4, 2020 Order denying a Stay under Fed.R.App.P.8(a) filed by Michael Carvajal, Mark Williams. Related document(s) 45 . (DeVito, David) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP
48

Opposition to 44 Emergency Motion for Expedited Discovery and Response to Petitioners Request for the Entry of a Protective Order filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit A - Proposed Protective Order)(Bennett, James) (Entered: 05/06/2020)

1 Exhibit A - Proposed Protective Order

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May 6, 2020

May 6, 2020

RECAP
49

Status Report filed by Michael Carvajal, Mark Williams. Related document(s) 45 .(Bennett, James) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP
50

Memorandum regarding the Sixth Circuit's May 4, 2020 Order Denying Respondent's Motion for Stay Pending Appeal filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 45 . (Carey, David) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
51

Emergency Motion to enforce Preliminary Injunction filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 49, 22 . (Carey, David) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP

IMPORTANT: Notice [non-document] of Status Conference set for 5/7/2020 at 03:00 PM to be held by video conference before Judge James S. Gwin. Conference information to be provided to counsel by email. (S,KM)

May 7, 2020

May 7, 2020

PACER
52

FILING ERROR - Emergency Motion to Withdrawal as a Class or Subclass Member filed by Petitioner Craig Wilson. (S,Ke) Modified to denote filing error on 5/8/2020 (S,Ke). (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
53

Expedited Non-Appeal Transcript Order Form for proceedings held on 05/07/2020 before Judge James S. Gwin, Court Reporter: George Staiduhar. Requested completion date: 05/07/2020 filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
54

Expedited Non-Appeal Transcript Order Form for proceedings held on 5/7/20 before Judge James S. Gwin, Court Reporter: George Staiduhar. Requested completion date: 5/7/20 filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Carey, David) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
55

Transcript of zoom conference held on May 7th, 2020, before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [31 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/14/2020. Redaction Request due 5/28/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/5/2020. Related document(s) 54, 53 . (S,G) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 5/8/2020. By close of business on May 11, 2020, the Court orders Respondents to give a specific reason as to why each of the identified subclass members was determined to be ineligible for each form of release. If a subclass member was determined to be ineligible for release, Respondents are ordered to provide an explanation as to why that individual could not be transferred to a cell affording greater possibility for social distancing.By May 8, 2020, the Court orders Petitioners to provide Respondents a draft notice to Elkton inmates in accordance with the specifications delineated during the May 7, 2020 conference. Any outstanding objections to the draft notice are to be filed by the morning of May 11, 2020. By May 8, 2020, the Court orders Respondents to file any response to Petitioners emergency motion to compel.(S,KM)

May 8, 2020

May 8, 2020

PACER

IMPORTANT: Notice [non-document] of Status Conference set for 5/14/2020 at 10:00 AM to be held by video conference before Judge James S. Gwin. Conference information to be provided by email. (S,KM)

May 8, 2020

May 8, 2020

PACER
56

Minutes of Status Conference before Judge James S. Gwin on 5/7/2020. (Court Reporter: G. Staiduhar;Time: 40 minutes) (S,KM) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
57

Order signed by Judge James S. Gwin on 5/8/2020 denying Motion to stay for the reasons as set forth in this Order. (Related Doc # 29 30 )(S,KM) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
58

Opposition to 51 Emergency Motion to enforce Preliminary Injunction filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit A-Declaration of Sarah Dees, # 2 Exhibit B-Letters from Elkton Inmates, # 3 Exhibit C-Declaration of Sukenna Stokes, # 4 Exhibit D-Interim Guidance from CDC on COVID19 and correctional-detention)(Bennett, James) (Entered: 05/08/2020)

1 Exhibit A-Declaration of Sarah Dees

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2 Exhibit B-Letters from Elkton Inmates

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3 Exhibit C-Declaration of Sukenna Stokes

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4 Exhibit D-Interim Guidance from CDC on COVID19 and correctional-detention

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May 8, 2020

May 8, 2020

RECAP
59

Emergency Motion to Circulate Notice to Conditional Class Members filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 55, 56,. (Attachments: # 1 Exhibit A - Proposed Notice and Questionnaire, # 2 Exhibit B - Proposed Informational Poster)(Carey, David) (Entered: 05/10/2020)

1 Exhibit A - Proposed Notice and Questionnaire

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2 Exhibit B - Proposed Informational Poster

View on RECAP

May 10, 2020

May 10, 2020

RECAP
60

Opposition to 59 Emergency Motion to Circulate Notice to Conditional Class Members filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
61

Notice of Supplemental Authority in Support of Motion for Enforcement of Preliminary Injunction filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Attachments: # 1 Exhibit A - United States v. Guzman, # 2 Exhibit B - United States v. Peaks, # 3 Exhibit C - United States v. McIndoo)Related document(s) 51 .(Carey, David) (Entered: 05/11/2020)

1 Exhibit A - United States v. Guzman

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2 Exhibit B - United States v. Peaks

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3 Exhibit C - United States v. McIndoo

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May 11, 2020

May 11, 2020

PACER
62

Proposed Stipulated Protective Order filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
63

Notice of Service filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
64

Stipulated Protective Order signed by Judge James S. Gwin on 5/12/2020. (S,KM) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
65

Motion for leave to File Instanter Reply in Support of Motion to Circulate Notice filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 60, 59, 55, 56 . (Attachments: # 1 Proposed Reply in Support of Petitioners' Emergency Motion to Circulate Notice to Conditional Class Members, # 2 Exhibit A - Revised Proposed Notice)(Carey, David) Modif (Entered: 05/12/2020)

1 Proposed Reply in Support of Petitioners' Emergency Motion to Circulate No

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2 Exhibit A - Revised Proposed Notice

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May 12, 2020

May 12, 2020

PACER
66

Order signed by Judge James S. Gwin on 5/13/2020 granting Petitioner's Motion to circulate notice attached to Petitioners most recent filing, with edits as set forth in this order. (Related Doc # 59 65 )(S,KM) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
70

Motion for attorney David Debold to Appear Pro Hac Vice. Filing fee paid $120.00 Receipt number 14660123330, filed by Movant Frank A Castaldi. (Attachments: # 1 Declaration of David Debold, # 2 Proposed Order)(J,G) Modified on 5/15/2020 (B,R). (Entered: 05/14/2020)

1 Declaration of David Debold

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2 Proposed Order

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May 13, 2020

May 13, 2020

PACER
71

Motion for attorney Matthew Guice Aiken to Appear Pro Hac Vice. Filing fee $120.00 paid Receipt number 14660123331, filed by Movant Frank A Castaldi. (Attachments: # 1 Declaration of Matthew Guice Aiken, # 2 Proposed Order)(J,G) Modified on 5/15/2020 (B,R). (Entered: 05/14/2020)

1 Declaration of Matthew Guice Aiken

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2 Proposed Order

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May 13, 2020

May 13, 2020

PACER
73

Motion for attorney Sam M. Mancina to Appear Pro Hac Vice. Filing fee $120.00 paid Receipt number 14660123332, filed by Movant Frank A Castaldi. (Attachments: # 1 Declaration of Sam M. Mancina, # 2 Proposed Order)(J,G) Modified on 5/15/2020 (B,R). (Entered: 05/14/2020)

1 Declaration of Sam M. Mancina

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2 Proposed Order

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May 13, 2020

May 13, 2020

PACER
74

Motion to intervene and Motion to modify protective order and designations under it filed by Movant Frank A Castaldi. Related document(s) 64 . (Attachments: # 1 Proposed Order)(J,G) (Entered: 05/14/2020)

1 Proposed Order

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May 13, 2020

May 13, 2020

PACER
75

Motion to file under seal filed by Movant Frank A Castaldi. Related document(s) 74 . (Attachments: # 1 Proposed Order)(J,G) (Entered: 05/14/2020)

1 Proposed Order

View on PACER

May 13, 2020

May 13, 2020

PACER

Order on Motion for leave

May 14, 2020

May 14, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 5/14/2020 granting Motion for Leave to File Reply in Support of Petitioners' Emergency Motion for Enforcement and denying Motion to File Under Seal (Related Doc # 67)(S,KM)

May 14, 2020

May 14, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 5/14/2020. The Court orders Respondents to file a daily report indicating the number of COVID-19 tests performed at Elkton and the results of those tests. The report should indicate the daily numbers and running totals for each category. The Court orders Respondents to respond to Petitioners written discovery request regarding the criteria considered in home confinement determinations by 4 p.m. on May 15, 2020. Petitioners may identify a random sampling of individuals that have been denied compassionate release, home release, and furlough, not to exceed 25 individuals in each category. Respondents are to provide to Plaintiffs the records relating to their denial of the identified relief for each identified individual.(S,KM)

May 14, 2020

May 14, 2020

PACER
67

Motion for leave to File Reply in Support of Petitioners' Emergency Motion for Enforcement, and to File Under Seal filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. Related document(s) 51, 58, 64, 63 . (Attachments: # 1 Proposed Order Granting Motion for Leave to File and to File Under Seal)(Carey, David) (Entered: 05/14/2020)

1 Proposed Order Granting Motion for Leave to File and to File Under Seal

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May 14, 2020

May 14, 2020

PACER
68

Joint Notice of Supplement to Protective Order filed by Michael Carvajal, Mark Williams. (Attachments: # 1 Exhibit A-Revised Acknowledgment of Protective Order and Agreement to be Bound, # 2 Exhibit B-Initial Acknowledgement of Protective Order)Related document(s) 64 .(Bennett, James) (Entered: 05/14/2020)

1 Exhibit A-Revised Acknowledgment of Protective Order and Agreement to be Bound

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2 Exhibit B-Initial Acknowledgement of Protective Order

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May 14, 2020

May 14, 2020

PACER
69

Expedited Non-Appeal Transcript Order Form for proceedings held on 05/14/2020 before Judge James S. Gwin, Court Reporter: George Staiduhar. Requested completion date: 05/14/2020 filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Order [non-document] entered by Judge James S. Gwin on 5/14/2020 granting Motion for Leave to File Reply in Support of Petitioners' Emergency Motion for Enforcement and denying Motion to File Under Seal (Related Doc # 67 )(S,KM)

May 14, 2020

May 14, 2020

PACER
72

Minutes of Status Conference before Judge James S. Gwin on 5/14/2020. (Court Reporter: G. Staiduhar;Time: 45 minutes) (S,KM) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

RECAP
76

Transcript of zoom teleconference held on May 14th, 2020, before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at George J. Staiduhar. [35 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/21/2020. Redaction Request due 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020. Related document(s) 69 . (S,G) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 13, 2020

Closing Date: May 12, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Incarcerated persons at Federal Correctional Institute Elkton and the adjacent low-security prison, located south of Youngstown, OH. The proposed class members are all current and future individuals in custody at Elkton, including a medically-vulnerable subclass.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Warden of the Elkton Federal Correctional Institute, Federal

Director of the Federal Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Requested

Release Requested

Type of Facility:

Government-run