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Judge James S. Gwin assigned to case. (W,K)
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April 13, 2020
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April 13, 2020
PACER
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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)
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April 13, 2020
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April 13, 2020
PACER
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1
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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
View on RECAP
2 Summons
View on PACER
3 Exhibit A - Novisky Declaration
View on PACER
4 Exhibit B - Goldenson Declaration
View on PACER
5 Exhibit C - Nelson Declaration
View on PACER
6 Exhibit D - McReynolds Declaration
View on PACER
7 Exhibit E - Bellamy Declaration
View on PACER
8 Exhibit F - Nieves Declaration
View on PACER
9 Exhibit G - Jackson Declaration
View on PACER
10 Exhibit H - Wilson Declaration
View on PACER
11 Exhibit I - Arzola Declaration
View on PACER
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April 13, 2020
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April 13, 2020
RECAP
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2
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Motion to Expedite and Memorandum in Support filed by Eric Bellamy, Kendal Nelson, Maximino Nieves, Craig Wilson. (Carey, David) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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3
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Magistrate Consent Form issued. (W,K) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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4
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Original Summons issued to counsel for service upon Michael Carvajal and Mark Williams. (W,K) (Entered: 04/14/2020)
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April 13, 2020
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April 13, 2020
PACER
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5
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Attorney Appearance by James R. Bennett, II filed by on behalf of Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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6
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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)
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April 14, 2020
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April 14, 2020
PACER
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7
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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)
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April 14, 2020
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April 14, 2020
PACER
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8
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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
View on RECAP
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April 16, 2020
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April 16, 2020
PACER
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9
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Corporate Disclosure Statement filed by Disability Rights Ohio. (Osseck, Laura) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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Order on Motion for leave
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April 17, 2020
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April 17, 2020
PACER
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|
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)
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April 17, 2020
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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)
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April 17, 2020
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April 17, 2020
PACER
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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)
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April 17, 2020
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April 17, 2020
PACER
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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)
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April 17, 2020
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April 17, 2020
PACER
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10
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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
View on RECAP
2 Exhibit B - Declaration of Kristy Cole
View on PACER
3 Exhibit C - AG Memos, BOP Memo
View on PACER
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April 17, 2020
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April 17, 2020
RECAP
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11
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Response to Court Order filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
RECAP
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12
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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)
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April 17, 2020
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April 17, 2020
RECAP
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13
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Attorney Appearance by Michael L. Zuckerman filed by on behalf of All Plaintiffs. (Zuckerman, Michael) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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14
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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
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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15
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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
View on PACER
2 Proposed Order
View on PACER
3 Signed Declaration
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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16
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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
View on PACER
2 Proposed Order
View on PACER
3 Signed Declaration
View on PACER
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April 17, 2020
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April 17, 2020
PACER
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17
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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
View on PACER
2 Proposed Order
View on PACER
3 Signed Declaration
View on PACER
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April 17, 2020
|
April 17, 2020
PACER
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18
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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)
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April 18, 2020
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April 18, 2020
RECAP
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19
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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
View on RECAP
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April 18, 2020
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April 18, 2020
RECAP
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20
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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
View on RECAP
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April 20, 2020
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April 20, 2020
PACER
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21
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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
View on PACER
2 Exhibit B - Cameron v. Bouchard
View on RECAP
3 Exhibit C - Banks v. Booth
View on PACER
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April 20, 2020
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April 20, 2020
RECAP
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Order on Motion to appear pro hac vice
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April 22, 2020
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April 22, 2020
PACER
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Order on Motion for leave
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April 22, 2020
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April 22, 2020
PACER
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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)
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April 22, 2020
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April 22, 2020
PACER
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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)
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April 22, 2020
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April 22, 2020
PACER
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|
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)
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April 22, 2020
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April 22, 2020
PACER
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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)
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April 22, 2020
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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)
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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)
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April 22, 2020
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April 22, 2020
PACER
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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)
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April 22, 2020
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April 22, 2020
RECAP
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23
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Brief filed by Amici Curiae Public Health and Human Rights Experts. Related document(s) 14,. (Greene, Jacqueline) (Entered: 04/22/2020)
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April 22, 2020
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April 22, 2020
RECAP
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24
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Motion to File Under Seal and Ex Parte filed by Michael Carvajal, Mark Williams. Related document(s) 22 . (Bennett, James) (Entered: 04/23/2020)
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April 23, 2020
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April 23, 2020
RECAP
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25
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Opposition to 24 Motion to File Under Seal and Ex Parte filed by All Plaintiffs. (Carey, David) (Entered: 04/23/2020)
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April 23, 2020
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April 23, 2020
RECAP
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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)
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April 27, 2020
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April 27, 2020
PACER
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26
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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)
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April 27, 2020
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April 27, 2020
RECAP
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27
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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)
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April 27, 2020
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April 27, 2020
RECAP
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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)
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April 28, 2020
|
April 28, 2020
PACER
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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)
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April 28, 2020
|
April 28, 2020
PACER
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29
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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
View on RECAP
2 Exhibit A - Declaration of Kristy Cole
View on PACER
3 Exhibit B - Declaration of Cory Clark
View on PACER
4 Exhibit C - Declaration of Peter Pottios
View on PACER
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April 28, 2020
|
April 28, 2020
PACER
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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
View on RECAP
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
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April 28, 2020
|
April 28, 2020
RECAP
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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
View on PACER
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April 29, 2020
|
April 29, 2020
PACER
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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)
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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
View on RECAP
2 Exhibit A - Carey Declaration
View on PACER
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April 29, 2020
|
April 29, 2020
PACER
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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
View on RECAP
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April 30, 2020
|
April 30, 2020
PACER
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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
View on RECAP
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April 30, 2020
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April 30, 2020
RECAP
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37
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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)
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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
View on RECAP
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May 4, 2020
|
May 4, 2020
RECAP
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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)
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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
View on RECAP
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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)
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May 7, 2020
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May 7, 2020
PACER
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55
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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)
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May 7, 2020
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May 7, 2020
PACER
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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)
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May 8, 2020
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May 8, 2020
PACER
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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)
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May 8, 2020
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May 8, 2020
PACER
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56
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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)
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May 8, 2020
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May 8, 2020
RECAP
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57
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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)
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May 8, 2020
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May 8, 2020
RECAP
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58
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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
View on PACER
3 Exhibit C-Declaration of Sukenna Stokes
View on RECAP
4 Exhibit D-Interim Guidance from CDC on COVID19 and correctional-detention
View on PACER
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May 8, 2020
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May 8, 2020
RECAP
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59
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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
View on RECAP
2 Exhibit B - Proposed Informational Poster
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May 10, 2020
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May 10, 2020
RECAP
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60
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Opposition to 59 Emergency Motion to Circulate Notice to Conditional Class Members filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)
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May 11, 2020
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May 11, 2020
RECAP
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61
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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
View on PACER
3 Exhibit C - United States v. McIndoo
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May 11, 2020
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May 11, 2020
PACER
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62
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Proposed Stipulated Protective Order filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)
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May 11, 2020
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May 11, 2020
PACER
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63
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Notice of Service filed by Michael Carvajal, Mark Williams. (Bennett, James) (Entered: 05/11/2020)
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May 11, 2020
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May 11, 2020
PACER
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64
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Stipulated Protective Order signed by Judge James S. Gwin on 5/12/2020. (S,KM) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
PACER
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65
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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
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May 12, 2020
PACER
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66
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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)
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May 13, 2020
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May 13, 2020
RECAP
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70
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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
View on PACER
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May 13, 2020
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May 13, 2020
PACER
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71
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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
View on PACER
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May 13, 2020
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May 13, 2020
PACER
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73
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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
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May 13, 2020
PACER
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74
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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
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May 13, 2020
PACER
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75
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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
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May 13, 2020
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May 13, 2020
PACER
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Order on Motion for leave
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May 14, 2020
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May 14, 2020
PACER
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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)
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May 14, 2020
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May 14, 2020
PACER
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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)
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May 14, 2020
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May 14, 2020
PACER
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67
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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
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May 14, 2020
PACER
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68
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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
View on PACER
2 Exhibit B-Initial Acknowledgement of Protective Order
View on PACER
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May 14, 2020
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May 14, 2020
PACER
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69
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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)
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May 14, 2020
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May 14, 2020
PACER
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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)
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May 14, 2020
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May 14, 2020
PACER
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72
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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)
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May 14, 2020
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May 14, 2020
RECAP
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76
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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)
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May 14, 2020
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May 14, 2020
PACER
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