Case: Baez v. McDonald

1:20-cv-10753 | U.S. District Court for the District of Massachusetts

Filed Date: April 17, 2020

Closed Date: Oct. 8, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On April 17, 2020, individuals detained in the Plymouth County Correctional Facility (PCCF) filed this putative class action complaint addressing safety concerns posed by COVID-19. The plaintiffs sought emergency risk-mitigation procedures and release measures to reduce the population at the PCCF. On May 18, the court denied the defendant's motion to dismiss and the plaintiff's motion for preliminary injunction. The plaintiffs filed a voluntary dismissal on October 8, 2020. O…

COVID-19 Summary: On April 17, 2020, individuals detained in the Plymouth County Correctional Facility (PCCF) filed this putative class action complaint addressing safety concerns posed by COVID-19. The plaintiffs sought emergency risk-mitigation procedures and release measures to reduce the population at the PCCF. On May 18, the court denied the defendant's motion to dismiss and the plaintiff's motion for preliminary injunction. The plaintiffs filed a voluntary dismissal on October 8, 2020.


On April 17, 2020, federal detainees at the Plymouth County Correctional Facility (PCCF) filed this putative class action complaint at the U.S. District Court for the District of Massachusetts, addressing safety concerns posed by COVID-19. Represented by private counsel, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. § 2241 and as an injunctive and declaratory action under 28 U.S.C. § 2201. Specifically, plaintiffs alleged that conditions of confinement lacked reasonable preventative measures in response to the heightened health risks from COVID-19, in violation of their Fifth and Eighth Amendment rights. They pointed to ongoing failures by the defendant to comply with basic safety measures under the interim guidelines provided for correctional facilities by the U.S. Centers for Disease Control and Prevention, including its social distancing requirement. The plaintiffs sought a Temporary Restraining Order (TRO), declaratory and injunctive relief, and a writ of habeas corpus ordering immediate action to reduce the population at the PCCF and institute proper hygienic measures, with an independent monitor to ensure compliance. Concurrently, the plaintiffs filed a motion requesting that all federal detainees held or to be held by the PCCF be granted class certification. The case was assigned to Judge Leo T. Sorokin.

On April 20, the defendants filed an emergency motion to stay the consideration of the proposed class certification, or a two-week extension to file a response to the motion for class certification in the alternative. The court granted the motion on the same day.

The next day, the defendant filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, as there were no cases of COVID-19 in PCCF in the detainee population as of April 20, and the petitioners did not have underlying medical conditions. A second motion was filed on April 24, further submitting that the requested remedies by the plaintiffs involved a challenge to the fact or duration of their confinement, outside of the writ of habeas.

The defendant submitted a status report confirming three cases of COVID-19 among employees on April 29. A hearing was held the next day.

On May 1, the court ordered the defendant to answer a list of questions addressing disputed factual questions and unclear matters by May 6. Questions include housing arrangements of the proposed class, policies governing face masks, testing capacity in the PCCF, as well as the respondents’ response to the three confirmed cases of COVID-19. The defendants submitted a status report confirming two additional cases of COVID-19 among employees on May 5, and report of one additional case on May 12.

On May 18, the court denied the defendant's motion to dismiss, finding that the plaintiffs' claims fell within the scope of a habeas petition and that the plaintiffs’ failure to satisfy the PLRA’s exhaustion requirement is not grounds for dismissal. The court also denied the plaintiffs' motion for preliminary injunction because they failed to meet their burden of establishing that they were likely to succeed in showing that the defendant had been deliberately indifferent to the risk of COVID-19. The court further ordered that the parties file a joint status report regarding how the matter should proceed, and ordered the defendant to file a status report explaining whether and how PCCF is expanding its testing in line with the institution-wide testing occurring in DOC facilities and its reasoning by May 27.

On May 27, the defendants reported that they did not plan to institute institution-wide testing occurring in DOC facilities because it was the medical opinion of PCCF’s medical director that such measures were not warranted at PCCF in the present circumstances.

According to the latest status report on June 2, one employee at PCCF tested positive. 28 detainees were tested with two results coming back positive.

According to the June 24 status report, 53 individuals at PCCF were tested, with two positive results from pretrial detainees and one from a former detainee who tested positive following his release.

The plaintiffs filed a voluntary dismissal on October 8, 2020.

Summary Authors

Averyn Lee (9/25/2020)

Chandler Hart-McGonigle (11/21/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17079168/parties/baez-v-mcdonald/


Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Basaria, Saraa (Massachusetts)

Cloherty, Daniel J. (Massachusetts)

McCall, Adam W. (Massachusetts)

Rudin, David E. (New York)

Schulman, Emily R. (Massachusetts)

Attorneys(s) for Defendant

Goldstein, Rachel (Massachusetts)

Lelling, Andrew E. (Massachusetts)

Weida, Jason C. (Massachusetts)

Expert/Monitor/Master

Giftos, Jonathan MD (New York)

Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorneys(s) for Plaintiff

Basaria, Saraa (Massachusetts)

Cloherty, Daniel J. (Massachusetts)

McCall, Adam W. (Massachusetts)

Rudin, David E. (New York)

Schulman, Emily R. (Massachusetts)

Attorneys(s) for Defendant

Goldstein, Rachel (Massachusetts)

Lelling, Andrew E. (Massachusetts)

Weida, Jason C. (Massachusetts)

Expert/Monitor/Master

Giftos, Jonathan MD (New York)

LaRocque, Regina Celeste MD, MPH (Massachusetts)

Rich, Josiah D MD (Rhode Island)

Documents in the Clearinghouse

Document

1:20-cv-10753

Docket [PACER]

Oct. 8, 2020

Oct. 8, 2020

Docket
9, 10

1:20-cv-10753

Application for an Emergency Temporary Restraining Order and Preliminary Injunctive Relief and Petitioners and Proposed Class Members' Memorandum in Support

April 17, 2020

April 17, 2020

Pleading / Motion / Brief
1 (& 1-1 to 1-12)

1:20-cv-10753

Complaint

April 17, 2020

April 17, 2020

Complaint
6, 7

1:20-cv-10753

Motion for Class Certification and Memorandum of Law in Support

April 17, 2020

April 17, 2020

Pleading / Motion / Brief
21, 22

1:20-cv-10753

Respondent Antone Moniz's Motion to Deny Petitioners' Habeas Petition for Lack of Subject Matter Jurisdiction and for Failure to State a Claim and Memorandum of Law in Support

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
23

1:20-cv-00753

Respondent Antone Moniz's Memorandum of Law in Opposition to Petitioners' Application for an Emergency Temporary Restraining Order and Motion for Preliminary Injunction

Baez v. Moniz

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
38

1:20-cv-10753

Petitioners' Memorandum of Law in Opposition to Respondent's Motion to Deny Petitioner's Habeas Petition

Baez v. Moniz

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
39 & 40

1:20-cv-10753

Respondent Antone Moniz's Second Motion to Deny Petitioners' Habeas Petition for Lack of Subject Matter Jurisdiction

Baez v. Moniz

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
45

1:20-cv-10753

Reply in Support of Application for Temporary Restraining Order and Preliminary Injunction

Baez v. Moniz

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
46

1:20-cv-10753

Petitioners' Memorandum of Law in Opposition to Respondent's Second Motion to Deny Petitioners' Habeas Petition

Baez v. Moniz

April 28, 2020

April 28, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17079168/baez-v-mcdonald/

Last updated Aug. 10, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8201754 Fee status: Filing Fee paid., filed by JONATHAN BERMUDEZ, Anthony Baez, Jermaine Gonsalves, Dedrick Lindsey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet, # 14 Civil Cover Sheet)(Cloherty, Daniel). Modified on 4/17/2020: All documents replaced with flattened PDF documents. (Kelly, Danielle). (Entered: 04/17/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Civil Cover Sheet

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14 Civil Cover Sheet

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April 17, 2020

April 17, 2020

Clearinghouse

Order

April 17, 2020

April 17, 2020

PACER
2

NOTICE of Appearance by Saraa Basaria on behalf of Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey (Basaria, Saraa) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
3

NOTICE of Appearance by Emily R. Schulman on behalf of Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey (Schulman, Emily) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
4

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
5

District Judge Leo T. Sorokin: ORDER entered. SERVICE ORDER re 2241 Petition..(PSSA, 5) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
6

MOTION to Certify Class by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Cloherty, Daniel) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
7

MEMORANDUM in Support re 6 MOTION to Certify Class filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Cloherty, Daniel) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
8

MOTION for Leave to File Excess Pages (Unopposed) by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Schulman, Emily) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
9

Emergency MOTION for Preliminary Injunction, Emergency MOTION for Temporary Restraining Order ( Responses due by 5/1/2020) by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Schulman, Emily) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
10

MEMORANDUM in Support re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Schulman, Emily) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
11

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 6 MOTION to Certify Class filed by Anthony Baez, Dedrick Lindsey, Jonathan Bermudez, Jermaine Gonsalves, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Anthony Baez, Dedrick Lindsey, Jonathan Bermudez, Jermaine Gonsalves. "Respondent shall by 12:00 noon on April 21, 2020 file a response to the motion to certify class (ECF No. 6 ) and emergency motion for temporary restraining order and preliminary injunctive relief (ECF No. 9 )."(PSSA, 5) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
12

Reset Deadlines as to 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order, 6 MOTION to Certify Class . Responses due by 4/21/2020 (Montes, Mariliz) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
13

NOTICE of Appearance by Jason C. Weida on behalf of Antone Moniz (Weida, Jason) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
14

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David E. Rudin and Adam W. McCall Filing fee: $ 200, receipt number 0101-8203557 by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Schulman, Emily) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
15

Emergency MOTION to Stay re 6 MOTION to Certify Class by Antone Moniz.(Weida, Jason) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
16

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered temporarily granting 15 Motion to Stay response to the motion for class certification. The Court will further address this motion after reviewing the filings tomorrow and possibly further written submissions or oral statements by counsel. (Sorokin, Leo) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
17

Assented to MOTION for Leave to File Excess Pages for Memoranda of Law Being Filed by Noon Today by Antone Moniz.(Weida, Jason) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

Order on Motion to Stay

April 21, 2020

April 21, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 21, 2020

April 21, 2020

PACER

Order on Motion for Leave to Appear

April 21, 2020

April 21, 2020

PACER

Order on Motion to Seal Document

April 21, 2020

April 21, 2020

PACER
18

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 17 Respondents' Assented-To Motion for Leave to File Excess Pages to Memorandum in Support of Motion to Dismiss ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
19

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 14 Motion for Leave to Appear Pro Hac Vice Added David E. Rudin and Adam W. McCall. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
20

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 8 Petitioner's Motion for Leave to File Excess Pages to Memorandum in Support of their Application for an 9 Emergency Temporary Restraining Order and Preliminary Injunctive Relief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
21

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Antone Moniz.(Weida, Jason) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
22

MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Weida, Jason) (Additional attachment(s) added on 4/21/2020: # 7 Exhibit E (filed under seal)) (Montes, Mariliz). (Entered: 04/21/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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April 21, 2020

April 21, 2020

PACER
23

MEMORANDUM in Opposition re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weida, Jason) (Additional attachment(s) added on 4/21/2020: # 6 Exhibit E (filed under seal)) (Montes, Mariliz). (Entered: 04/21/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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April 21, 2020

April 21, 2020

RECAP
24

Assented to MOTION to Seal Document Exhibit E in Respondent's Two Filings by Antone Moniz.(Weida, Jason) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
25

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
26

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 24 Motion to Seal Document (Exhibit E in Respondent's Two Filings) (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
27

District Judge Leo T. Sorokin: ORDER entered. The Respondent shall supplement his opposition to the pending Application for an Emergency Temporary Restraining Order and Motion for Preliminary Injunction by submitting to the Court the following information by noon on Friday, April 24, 2020.The Petitioners shall respond to the Respondents Motion to Dismiss by the close of business on Friday, April 24, 2020.The Petitioners may file a reply in further support of their application for injunctiverelief, limited to five pages in length, by the close of business on Monday, April 27, 2020.The Respondent may file a reply in further support of his Motion to Dismiss, also limited to five pages in length, by the close of business on Tuesday, April 28, 2020. The Court will hold a hearing on the Petitioner's Application (Doc. No. 9) and the Respondent's Motion (Doc. No. 21) at 2:00 PM on Thursday, April 30, 2020. The hearing will be by video. The Deputy Clerk will provide Zoom information to the parties and others pursuant to the Court's public access protocol. re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order .( Motion Hearing set for 4/30/2020 02:00 PM in Courtroom 13 before District Judge Leo T. Sorokin.)(Simeone, Maria) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
28

Set Deadlines as to 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Petitioner's Responses due by 4/24/2020; Respondent's Replies due by 4/28/2020. (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
29

Set Deadlines: Respondents' supplemental response to 9 Emergency MOTION for Preliminary Injunction, Emergency MOTION for Temporary Restraining Order due by noon on 4/24/2020). Set Deadlines as to 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order : Petitioner's Reply due by 4/27/2020. (Montes, Mariliz) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
30

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will conduct the hearing on April 30, 2020 from the courtroom by video. The Court anticipates that counsel will participate by video. Members of the public and the media may make arrangements with the clerk to listen to the hearing remotely or they may appear in the courtroom. However, the available video capacity at Plymouth on the day in question is already reserved for criminal cases which take precedence. Accordingly, the four individual plaintiffs will not be able to observe or to listen to the hearing.(Montes, Mariliz) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order

April 23, 2020

April 23, 2020

PACER
31

Respondent's Supplement to his opposition to 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order Supplement to Respondent's Opposition filed by Antone Moniz. (Attachments: # 1 Declaration of Sheriff McDonald, # 2 Attachments to Paragraph 2 to Sheriff McDonald's Declaration (Under Seal and Confidential), # 3 Attachments to Paragraph 3 to Sheriff McDonald's Declaration (Under Seal and Confidential), # 4 Attachments to Paragraph 5 to Sheriff McDonald's Declaration, # 5 Declaration of Marcia Norat, RN)(Weida, Jason) (Additional attachment(s) added on 4/24/2020: # 6 Attachment to Paragraph 2 of the Sheriff's Declaration(filed under seal), # 7 Attachment to paragraph 3 of the sheriff's declaration (filed under seal)) (Montes, Mariliz). Modified on 4/24/2020 (Montes, Mariliz). (Entered: 04/24/2020)

1 Declaration of Sheriff McDonald

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2 Attachments to Paragraph 2 to Sheriff McDonald's Declaration (Under Seal a

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3 Attachments to Paragraph 3 to Sheriff McDonald's Declaration (Under Seal a

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4 Attachments to Paragraph 5 to Sheriff McDonald's Declaration

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5 Declaration of Marcia Norat, RN

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April 24, 2020

April 24, 2020

PACER

Order

April 24, 2020

April 24, 2020

PACER

Order on Motion for Protective Order

April 24, 2020

April 24, 2020

PACER

Order on Motion to Seal Document

April 24, 2020

April 24, 2020

PACER
32

Assented to MOTION to Seal Document Attachments to Paragraph 2 and Paragraph 3 to Sheriff's McDonald's Declaration, dated April 24, 2020 by Antone Moniz.(Weida, Jason) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
33

Assented to MOTION for Protective Order Regarding the Attachments to Paragraph 2 and Paragraph 3 of Sheriff McDonald's Declaration by Antone Moniz. (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 04/24/2020)

1 Exhibit A

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April 24, 2020

April 24, 2020

PACER
34

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Yesterday, the Court received a pro se letter from Johan Abreau who the Court recently sentenced. Mr. Abreau was detained at Plymouth and, according to his letter, remains there. A portion of the letter reports information about hygiene, cleaning and coronavirus at Plymouth. 18cr10348, Doc. No. 408 at 3. Because the Court is aware of this report, the Court brings it to the attention of the parties so they may address it or not as they see fit. (Montes, Mariliz) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
35

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 32 Respondents' Assented-To Motion to Seal Two Exhibits (Montes, Mariliz) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
36

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 33 Respondents' Assented-To Motion for Protective Order (Montes, Mariliz) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
37

Assented to MOTION for Leave to File Excess Pages by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Schulman, Emily) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
38

MEMORANDUM in Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Schulman, Emily) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

Clearinghouse
39

Second MOTION to Dismiss for Lack of Jurisdiction by Antone Moniz.(Weida, Jason) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

Clearinghouse
40

MEMORANDUM in Support re 39 Second MOTION to Dismiss for Lack of Jurisdiction filed by Antone Moniz. (Weida, Jason) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
41

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The petitioners shall respond to the 39 Second MOTION to Dismiss for Lack of Jurisdiction filed by Antone Moniz by the close of business on Tuesday, April 28, 2020.(LTS, law2) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER

Order

April 25, 2020

April 25, 2020

PACER
42

Set/Reset Deadlines as to 39 Second MOTION to Dismiss for Lack of Jurisdiction . Responses due by 4/28/2020 (LTS, law2) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

PACER
43

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 37 Petitioners' Motion for Leave to File Excess Pages to Memorandum of Law in Opposition to Respondent's Motion to Deny Petitioners Habeas Petition ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 27, 2020

April 27, 2020

PACER
44

ELECTRONIC NOTICE Setting Hearing on Motion.A Motion Hearing has been set for 4/30/2020 02:00 PM in Courtroom 13 before District Judge Leo T. Sorokin re: 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order, 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 39 Second MOTION to Dismiss for Lack of Jurisdiction : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questi ons regarding access to hearings, you may refer to the Courts general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 4/30/2020 02:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
45

REPLY to Response to 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Cloherty, Daniel) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

Clearinghouse
46

MEMORANDUM in Opposition re 39 Second MOTION to Dismiss for Lack of Jurisdiction filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Schulman, Emily) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

Clearinghouse
47

REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Weida, Jason) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

Clearinghouse
48

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
49

STATUS REPORT Updated by Antone Moniz. (Weida, Jason) (Additional attachment(s) added on 4/30/2020: # 1 unredacted version) (Montes, Mariliz). (Main Document 49 replaced on 5/4/2020) (Montes, Mariliz). Modified on 5/4/2020 to replace updated status report with version provided by counsel on 5/4/2020; NEF Regenerated (Montes, Mariliz). (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
50

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 4/30/2020 The court hears oral argument of counsel re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz, 39 Second MOTION to Dismiss for Lack of Jurisdiction filed by Antone Moniz, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Anthony Baez, Dedrick Lindsey, Jonathan Bermudez, Jermaine Gonsalves and will take this matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
51

Power Point Presentation filed by Antone Moniz. (Montes, Mariliz) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
52

District Judge Leo T. Sorokin: ORDER entered. Pending before the Court are the petitioners' Application for an Emergency Temporary Restraining Order and Motion for Preliminary Injunction, Doc. No. 9, and the respondent's Motions to Dismiss, Doc. Nos. 21, 39. The Court requires further information in aid of resolving those factual issues. Accordingly, the respondent is hereby ORDERED to provide answers to the following questions by the close of business on Wednesday, May 6, 2020. ( Responses due by 5/6/2020)(Simeone, Maria) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
53

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
54

RESPONSE TO COURT ORDER by Antone Moniz re 52 Order,,, Set Motion and R&R Deadlines/Hearings,, . (Attachments: # 1 Sheriff McDonald Declaration, # 2 Nurse Norat Declaration)(Weida, Jason) (Entered: 05/06/2020)

1 Sheriff McDonald Declaration

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2 Nurse Norat Declaration

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May 6, 2020

May 6, 2020

Clearinghouse
55

Notice of Supplemental Authorities re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 39 Second MOTION to Dismiss for Lack of Jurisdiction, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weida, Jason) (Entered: 05/07/2020)

1 Exhibit A

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2 Exhibit B

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May 7, 2020

May 7, 2020

PACER
56

Supplemental MEMORANDUM in Support re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cloherty, Daniel) (Entered: 05/07/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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May 7, 2020

May 7, 2020

Clearinghouse
57

Supplemental MEMORANDUM in Opposition re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order filed by Antone Moniz. (Attachments: # 1 Neri Declaration, # 2 Mattivello Declaration, # 3 Banzi Declaration, # 4 DiMarzio Declaration)(Weida, Jason) (Entered: 05/08/2020)

1 Neri Declaration

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2 Mattivello Declaration

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3 Banzi Declaration

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4 DiMarzio Declaration

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May 8, 2020

May 8, 2020

Clearinghouse
58

Second Notice of Supplemental Authorities re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 39 Second MOTION to Dismiss for Lack of Jurisdiction, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 05/09/2020)

1 Exhibit A

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May 9, 2020

May 9, 2020

PACER
59

Third Notice of Supplemental Authorities re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 39 Second MOTION to Dismiss for Lack of Jurisdiction, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 05/09/2020)

1 Exhibit A

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May 9, 2020

May 9, 2020

PACER
60

Notice of Supplemental Authorities re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Schulman, Emily) (Entered: 05/11/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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May 11, 2020

May 11, 2020

PACER
61

NOTICE of Appearance by Rachel Goldstein on behalf of Antone Moniz (Goldstein, Rachel) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
62

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

RECAP
63

Second Notice of Supplemental Authorities re 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Schulman, Emily) (Entered: 05/13/2020)

1 Exhibit A

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May 13, 2020

May 13, 2020

PACER
64

District Judge Leo T. Sorokin: ORDER ON MOTIONS TO DISMISS (DOC. NOS. 21, 39) AND APPLICATION FOR INJUNCTIVE RELIEF (DOC. NO. 9)entered.For the foregoing reasons, the respondent's motions to dismiss (Doc. Nos. 21 and 39) andthe petitioners' application for emergency injunctive relief (Doc. No. 9) are DENIED.The Court anticipates resolving this petition expeditiously. No later than May 27, 2020, the parties shall file a joint status report stating their joint or separate positions regarding how, and on what schedule, this matter should proceed. In addition, Moniz shall file a status report, by the same date, explaining whether and how PCCF is expanding its testing in line with the institution-wide testing occurring in DOC facilities, and if not, why not.re 39 Motion to Dismiss for Lack of Jurisdiction; 9 Motion for Preliminary Injunction; 9 Motion for TRO; 21 Motion to Dismiss for Lack of Jurisdiction (Simeone, Maria) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

Clearinghouse
65

Entered in duplicate. Please see Doc. no. 64. (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
66

Set Deadlines: Joint Status Report due by 5/27/2020. (Montes, Mariliz) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
67

Set Deadlines: Status Report due by 5/27/2020 (Simeone, Maria) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
68

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
69

Joint MOTION for Extension of Time to 05/29/2020 to File Joint Status Report and Proposed Discovery Schedules by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, John and Jane Does, Dedrick Lindsey, Joseph D. McDonald, Jr, Antone Moniz.(Cloherty, Daniel) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
70

RESPONSE TO COURT ORDER by Antone Moniz re 64 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Preliminary Injunction,,,, Order on Motion for TRO,,,,,,, . (Weida, Jason) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
71

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 69 JOINT MOTION TO EXTEND TIME TO FILE JOINT STATUS REPORT AND PROPOSED DISCOVERY SCHEDULES. Status Report and Proposed Discovery Deadlines due by 5/29/2020. (Montes, Mariliz) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
72

Reset Deadlines: Status Report due by 5/29/2020. (Montes, Mariliz) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Order on Motion for Extension of Time to File

May 28, 2020

May 28, 2020

PACER
73

STATUS REPORT AND PROPOSED DISCOVERY SCHEDULE by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Schulman, Emily) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
74

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

RECAP
75

Fourth Notice of Supplemental Authorities re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 39 Second MOTION to Dismiss for Lack of Jurisdiction, 9 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Weida, Jason) (Entered: 06/12/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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June 12, 2020

June 12, 2020

PACER
76

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
77

STATUS REPORT Updated by Antone Moniz. (Weida, Jason) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
78

ELECTRONIC NOTICE of Hearing. A Status Conference has been set for 7/8/2020 01:00 PM in Courtroom 13 before District Judge Leo T. Sorokin.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 7/8/2020 01:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
79

RESPONSE TO COURT ORDER by Antone Moniz re 64 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for Preliminary Injunction,,,, Order on Motion for TRO,,,,,,, Updated as of July 8, 2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weida, Jason) (Entered: 07/08/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 8, 2020

July 8, 2020

PACER
80

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Status Conference held on 7/8/2020. Counsel state the status of the case. Counsel discuss discovery regarding testing, contract tracing and masks. The court will take the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) (Entered: 07/09/2020)

July 8, 2020

July 8, 2020

PACER
81

District Judge Leo T. Sorokin: ORDER entered.Order re. discovery deadlines or briefing deadline on habeas petition. If the petitioners choose to file such a motion, they must do so by July 31, 2020. The respondent shall respond to any such motion for discovery within fourteen days of its filing. The petitioners may file a reply, limited to five pages in length, within seven days of the opposition.If the petitioners elect not to seek further discovery via motion as described in the preceding paragraph, they shall submit their brief addressing the merits of their habeas claims by August 10, 2020. The respondent shall file its brief responding to the petitioners' merits arguments by September 9, 2020. The petitioners may file a reply brief, limited to five pages in length, by September 23, 2020.( Motion briefing: motion due by 7/31/2020; Responses due by 8/14/2020; Replies due by 8/21/2020. Briefing on habeas petition: Petitioner's memo due by 8/10/2020; respondent's memo due by 9/9/2020; reply due by 9/23/2020.)(Montes, Mariliz) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
82

MOTION for Discovery by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey.(Cloherty, Daniel) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
83

MEMORANDUM in Support re 82 MOTION for Discovery filed by Anthony Baez, Jonathan Bermudez, Jermaine Gonsalves, Dedrick Lindsey. (Attachments: # 1 Exhibit)(Cloherty, Daniel) (Entered: 07/31/2020)

1 Exhibit

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July 31, 2020

July 31, 2020

PACER
84

STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
85

Notice of Supplemental Authorities re 82 MOTION for Discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Weida, Jason) (Entered: 08/06/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Aug. 6, 2020

Aug. 6, 2020

PACER
86

Assented to MOTION for Leave to File Excess Pages by Antone Moniz.(Weida, Jason) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
87

MEMORANDUM in Opposition re 82 MOTION for Discovery filed by Antone Moniz. (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 08/14/2020)

1 Exhibit A

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Aug. 14, 2020

Aug. 14, 2020

PACER
88

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 86 Assented-To Motion for Leave to File Excess Pages to the memorandum of law in opposition to Petitioners' Motion for Discovery ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2020

Closing Date: Oct. 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees of the Plymouth County Correctional Facility (PCCF) seeking preventative measures in light of the COVID-19 pandemic. The proposed class is a class of all federal detainees who are now or who will be detained at the PCCF, pending trial or pending sentencing in the United States District Court for the District of Massachusetts.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Plymouth County Correctional Facility (Plymouth, Plymouth), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run