Case: Frazier v. Kelley

Frazier v. Graves

Frazier v. Graves

Frazier v. Graves

Frazier v. Graves, et al.

NAACP Legal Defense and Educational Fund, Inc. (LDF)

MEMORANDUM re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nicholas Frazier. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12)(Shukur, Omavi) (Entered: 04/21/2020)

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs (Shukur, Omavi) (Entered: 04/21/2020)

CLASS ACTION COMPLAINT and Petition for Writ of Habeas Corpus against All Defendants, filed by Nicholas Frazier. Fee of $400 paid. Receipt Number LIT076913. Summons issued. (Attachments: # 1 Civil Cover Sheet)(kdr) (Entered: 04/21/2020)

1 Civil Cover Sheet

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NOTICE of Voluntary Dismissal by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Shukur, Omavi) (Entered: 04/22/2020)

WAIVER OF SERVICE Returned Executed as to Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Wendy Kelley, Benny Magness, Dexter Payne by Nicholas Frazier. (Shukur, Omavi) (Entered: 04/22/2020)

ORDER: To the extent pretrial matters in these actions are referred to United States Magistrate Judge Joe J. Volpe, this Court withdraws the reference. Signed by Judge Kristine G. Baker on 4/22/2020. (jbh) (Entered: 04/22/2020)

ORDER consolidating this case and the other inmates' pending cases with and into Nicholas Frazier v. Wendy Kelley, et al., Case No. 4:20-cv-00434-KGB-JJV; and directing all parties to make filings only in the Frazier case going forward until further ordered by the Court. Signed by Judge Kristine G. Baker on 4/22/2020. (jbh) (Entered: 04/22/2020)

WAIVER OF SERVICE Returned Executed as to Asa Hutchinson by Nicholas Frazier. (Shukur, Omavi) (Entered: 04/22/2020)

NOTICE of Appearance by Asher Steinberg on behalf of All Defendants (Steinberg, Asher) (Entered: 04/23/2020)

NOTICE of Appearance by Jennifer L. Merritt on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Merritt, Jennifer) (Entered: 04/23/2020)

MOTION for Leave to Appear pro hac vice by Jin Hee Lee. Fee $100 receipt number AAREDC-3689686. Filed by All Plaintiffs (Attachments: # 1 Declaration of Jin Hee Lee)(Shukur, Omavi) (Entered: 04/23/2020)

NOTICE of Appearance by Jerry D. Garner on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Garner, Jerry) (Entered: 04/23/2020)

ORDER directing the parties to confer regarding a proposed briefing and hearing schedule before 12:00 p.m., 04/24/2020; and directing counsel for the parties to advise the Court of any agreement reached by 12:00 p.m., 04/24/2020. If the parties are unable to reach agreement, the Court directs counsel for the parties to provide to the Court availability for a hearing to address matters raised in the pending emergency motion on 04/29, 04/30, or 05/01/2020, or the week of 05/04/2020; to advise the Court whether the party wishes to present evidence at such a hearing or only argument; and to propose a briefing schedule to address matters raised in the pending emergency motion. Signed by Judge Kristine G. Baker on 04/23/2020. (ajt) (Docket text modified on 4/24/2020 to correct a typographical error (jak) (Entered: 04/23/2020)

MOTION for Leave to Appear pro hac vice by Natasha Merle. Fee $100 receipt number BAREDC-3689313. Filed by All Plaintiffs (Attachments: # 1 Declaration of Natasha Merle)(Shukur, Omavi) (Entered: 04/23/2020)

MOTION for Leave to Appear pro hac vice by Ajmel Quereshi. Fee $100 receipt number AAREDC-3689250. Filed by All Plaintiffs (Attachments: # 1 Declaration of Ajmel Quereshi)(Shukur, Omavi) (Entered: 04/23/2020)

MOTION for Leave to Appear pro hac vice by Samuel Spital. Fee $100 receipt number AAREDC-3689219. Filed by All Plaintiffs (Attachments: # 1 Declaration of Samuel Spital)(Shukur, Omavi) (Entered: 04/23/2020)

ORDER granting 19 motion for admission pro hac vice of attorney Christopher Kemmitt. Mr. Kemmitt shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

ORDER AND NOTICE OF HEARING: The Court will conduct a hearing on 2 plaintiffs' pending emergency motion for temporary restraining order and preliminary injunction on Thursday, 5/7/2020, beginning at 9:00 a.m. in Little Rock Courtroom 4C. Defendants' response to plaintiffs' pending emergency motion for temporary restraining order and preliminary injunction - if it chooses to file one - is due by 5:00 p.m. on Thursday, 4/30/2020. Plaintiffs' reply brief in support of their motion for temporary restraining order and/or preliminary injunction - if it chooses to file one - is due by 12:00 noon on Monday, 5/4/2020. If the parties wish to file supplemental briefings with argument only following the hearing, such simultaneous briefings are due by 5:00 p.m. on Friday, 5/8/2020. If any party objects to the Court's consideration of exhibits already in the record in this matter, such objections must be made in writing and filed by 12:00 noon on Tuesday, 5/5/2020, and any responses to such objections must be made in writing and filed by 12:00 noon on Wednesday, 5/6/2020. Prior to the hearing, the Court directs the parties to exchange copies of exhibits they intend to present, or a list of exhibits if copies have already been provided, and written lists of witnesses they will or may call at the hearing, if permitted to call witnesses by the Court, by 12:00 noon on Tuesday, 5/5/2020. If the parties wish to present at the hearing rebuttal exhibits or witnesses, if permitted to call witnesses by the Court, the parties shall submit such rebuttal exhibits and written lists of such rebuttal witnesses by 12:00 noon on Wednesday, 5/6/2020. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

MOTION for Leave to Appear pro hac vice by Christopher Kemmitt. Fee $100 receipt number AAREDC-3690587. Filed by All Plaintiffs (Attachments: # 1 Declaration of Christopher Kemmitt)(Shukur, Omavi) (Entered: 04/24/2020)

STATUS REPORT Joint Status Report by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Merritt, Jennifer) (Entered: 04/24/2020)

ORDER granting 9, 10, 11, 14 motions for admission pro hac vice of attorneys Samuel Spital, Ajmel Quereshi, Natasha Merle, and Jin Hee Lee filed by attorney Omavi Shukur. Mr. Spital, Mr. Quereshi, Ms. Merle, and Ms. Lee shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

BRIEF IN SUPPORT re 22 Motion for TRO filed by All Plaintiffs. (Shukur, Omavi) (Entered: 04/27/2020)

Supplemental MOTION for Temporary Restraining Order by All Plaintiffs (Attachments: # 1 Document Proposed Order)(Shukur, Omavi) (Entered: 04/27/2020)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 4/28/2020 re 22 Supplemental MOTION for Temporary Restraining Order filed by Nicholas Frazier. Court convened via telephone; After arguments from counsel, the Court took the matter under advisement. (Present for plaintiffs: Jin Hee Lee, Omavi Shukur, Corrine Irish, Cristy Park, George Kendall, Laura Fernandez and Sarah Everett; Present for Defendants: Asher Steinberg, Jennifer Merritt, Jerry Garner, and Nicholas Bronni) (Court Reporter Elaine Hinson) (tmw) (Entered: 04/28/2020)

NOTICE of Appearance by Nicholas Jacob Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 04/28/2020)

NOTICE OF HEARING: The Court will conduct a hearing on the 22 supplemental motion for a temporary restraining on Tuesday, 4/28/2020, at 2:00 p.m. in Little Rock Courtroom 4C. The parties and counsel will participate by video or audio teleconference, with participation information to be provided by the Court to individual participants. All other persons, including members of the public, may attend the hearing at the Courthouse, where appropriate COVID-19 precautions and social distancing requirements will be strictly enforced. Signed by Judge Kristine G. Baker on 4/28/2020. (jbh) (Entered: 04/28/2020)

ORDER granting 27, 28, 29, 30, 31, 32 motions for admission pro hac vice of attorneys Laura Fernandez, Patricia Okonta, George H. Kendall, Jenay Nurse, and Corrine Irish. Ms. Fernandez, Ms. Okonta, Mr. Kendall, Ms. Nurse, and Ms. Irish shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/29/2020. (jbh) (Entered: 04/29/2020)

NOTICE OF HEARING: The Court will conduct a hearing to address the nature of the 5/7/2020, hearing on Friday, 5/1/2020, at 2:00 p.m. in Little Rock Courtroom 4C. The parties and counsel will participate by video or audio teleconference, with participation information to be provided by the Court to individual participants. All other persons, including members of the public, may attend the hearing at the Courthouse, where appropriate COVID-19 precautions and social distancing requirements will be strictly enforced. Signed by Judge Kristine G. Baker on 4/29/2020. (jbh) (Entered: 04/29/2020)

MOTION to Amend/Correct 31 MOTION for Leave to Appear pro hac vice by Corinne Irish. Fee $100 receipt number AAREDC-3693066. Filed Corrine Irish Motion for Leave to Appear pro hac vice by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Corrine Irish)(Shukur, Omavi) (Entered: 04/29/2020)

MOTION for Leave to Appear pro hac vice by Corinne Irish. Fee $100 receipt number AAREDC-3693066. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Corinne Irish)(Shukur, Omavi) (Entered: 04/29/2020)

MOTION for Leave to Appear pro hac vice by Jenay Nurse. Fee $100 receipt number AAREDC-3693061. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Jenay Nurse)(Shukur, Omavi) (Entered: 04/29/2020)

MOTION for Leave to Appear pro hac vice by George H. Kendall. Fee $100 receipt number AAREDC-3693051. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of George H. Kendall)(Shukur, Omavi) (Entered: 04/29/2020)

MOTION for Leave to Appear pro hac vice by Patricia Okonta. Fee $100 receipt number AAREDC-3693027. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Patricia Okonta)(Shukur, Omavi) (Entered: 04/29/2020)

MOTION for Leave to Appear pro hac vice by Laura Fernandez. Fee $100 receipt number AAREDC-3693016. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Laura Fernandez)(Shukur, Omavi) (Entered: 04/29/2020)

RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit Declaration of Dexter Payne, # 2 Exhibit March 11, 2020 Memorandum from Wendy Kelley, # 3 Exhibit ADC March 16, 2020 Press Release, # 4 Exhibit March 19, 2020 Visitation Poster, # 5 Exhibit March 19, 2020 Furlough Memorandum, # 6 Exhibit March 20, 2020 Poster, # 7 Exhibit Public Health Notice, # 8 Exhibit March 27, 2020 Memorandum from Wellpath, # 9 Exhibit CDC Guidelines for Correctional Facilities, # 10 Exhibit March 27, 2020 Guidance of Arkansas Department of Health, # 11 Exhibit Declaration of Kelley Garner, # 12 Exhibit "Protect Yourself" Poster, # 13 Exhibit "Clean Hands" Poster, # 14 Exhibit "Cover Your Cough" Poster, # 15 Exhibit "Wash Hands" Poster (in English), # 16 Exhibit "Wash Hands" Poster (in Spanish), # 17 Exhibit Wellpath Informational Posters, # 18 Exhibit CDC Cloth Mask Recommendation, # 19 Exhibit April 13, 2020 Guidance of Arkansas Department of Health, # 20 Exhibit April 15, 2020 Guidance of Arkansas Department of Health, # 21 Exhibit Frazier Sentencing Orders, # 22 Exhibit Frazier Disciplinary Summary and Reports, # 23 Exhibit Declaration of Dona Gordon, # 24 Exhibit Hampton Sentencing Order, # 25 Exhibit Hampton Criminal Information and Affidavit, # 26 Exhibit Kent Sentencing Order, # 27 Exhibit Kent Disciplinary Summary and Reports, # 28 Exhibit Kent ADC Page, # 29 Exhibit Kouri Disciplinary Summary, # 30 Exhibit Neeley Sentencing Order, # 31 Exhibit Nickson Sentencing Order, # 32 Exhibit Nickson Disciplinary Summary and Reports, # 33 Exhibit Otwell Sentencing Orders, # 34 Exhibit Serrato Sentencing Orders, # 35 Exhibit Serrato Disciplinary Summary, # 36 Exhibit Stiggers Disciplinary Summary and Reports, # 37 Exhibit Declaration of Terri Grigsby, # 38 Exhibit Declaration of Jacqueline Michelle Buterbaugh, # 39 Exhibit Declaration of Gloria Thompson, # 40 Exhibit Declaration of Jason Gray, # 41 Exhibit Declaration of April Gibson, # 42 Exhibit Sample ADC COVID-19 Test Results Notifications)(Steinberg, Asher) (Entered: 04/30/2020)

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NOTICE of Appearance by Vincent Moore Wagner on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Wagner, Vincent) (Entered: 04/30/2020)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 5/1/2020. The parties convened via telephone and discussed status and options to proceed. The Court took the matters under advisement and will issue a written ruling. (Present for plaintiffs: Jin Hee Lee, Christopher Kemmitt, Corrine Irish, Cristy Park, Laura Fernandez, Natasha Merlem Omavi Shukur, and Sarah Everett; Present for defendants: Jennifer Merritt, Asher Steinberg, Jerry Garner, and Nicholas Bronni) (Court Reporter Elaine Hinson) (tmw) (Entered: 05/01/2020)

NOTICE OF DOCKET CORRECTION re 38 Brief in Support. CORRECTION: The correct exhibits 1 and 2 were added to docket entry 38 based on the attached correspondence. (jak) (Entered: 05/01/2020)

BRIEF IN SUPPORT re 37 Motion for Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Shukur, Omavi) (Additional attachment(s) added on 5/1/2020: # 5 Exhibit 1 - Correct (submitted 5/1/2020)) (jak). (Additional attachment(s) added on 5/1/2020: # 6 Exhibit 2 - Correct (submitted 5/1/2020)) (jak). (Entered: 05/01/2020)

MOTION for Discovery by All Plaintiffs (Shukur, Omavi) (Entered: 05/01/2020)

RESPONSE in Opposition re 37 MOTION for Discovery filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Exhibit 1 - Wellpath Emails, # 2 Exhibit 2 - 4/6/20 FOIA Request, # 3 Exhibit 3 - 4/29/20 FOIA Request)(Merritt, Jennifer) (Entered: 05/03/2020)

ADDENDUM filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams to 44 Reply to Response to Motion,. (Attachments: # 1 Exhibit Ex. 1 - Second Declaration of Nicholas Frazier, April 29, 2020, # 2 Exhibit Ex. 2 - Second Declaration of Alvin Hampton, April 29, 2020, # 3 Exhibit Ex. 3 - Second Declaration of Marvin Kent, April 29, 2020, # 4 Exhibit Ex. 4 - Second Declaration of Michael Kouri April 26, 2020, # 5 Exhibit Ex. 5 - Second Declaration of Jonathan Neeley, April 29, 2020, # 6 Exhibit Ex. 6 - Second Declaration of Alfred Nickson, April 29, 2020, # 7 Exhibit Ex. 7 - Second Declaration of Harold Otwell, April 29, 2020, # 8 Exhibit Ex. 8 - Second Declaration of Trinidad Serrato, April 29, 2020, # 9 Exhibit Ex. 9 - Second Declaration Robert Stiggers, April 29, 2020, # 10 Exhibit Ex. 10 - Second Declaration Victor Williams, April 29, 2020, # 11 Exhibit Ex. 11 - Expert Declaration of Eldon Vail, May 3, 2020, # 12 Exhibit Ex. 12 - Second Expert Declaration of Dr. Marc Stern, May 3, 2020, # 13 Exhibit Ex. 13 - Declaration of Katina Anderson May 3, 2020, # 14 Exhibit Ex. 14 - Declaration of Audrey Brown May 3, 2020, # 15 Exhibit Ex. 15 - Declaration of Carrie Coleman, May 3, 2020 (pdf), # 16 Exhibit Ex. 16 - Declaration of Nicole Cleveland, May 3, 2020, # 17 Exhibit Ex. 17 - Declaration of Susie Anita Daniels, May 3, 2020, # 18 Exhibit Ex. 18 - Declaration of Joshua Gillispie May 3, 2020, # 19 Exhibit Ex. 19 - April 21 Letter from Joshua Gillispie to Warden and Medical Services, # 20 Exhibit Ex. 20 - April 22 Letter from Joshua Gillispie to Warden and Medical Services, # 21 Exhibit Ex. 21 - Declaration of Randi Harper May 3, 2020, # 22 Exhibit Ex. 22 - Declaration of Carlton Hayes May 2, 2020, # 23 Exhibit Ex. 23 - Declaration of William Holley May 3, 2020, # 24 Exhibit Ex. 24 - Declaration of Kenna Lewis May 3, 2020, # 25 Exhibit Ex. 25 - Declaration of Janice Nicholson May 3, 2020, # 26 Exhibit Ex. 26 - Declaration of Cecilia Sagers Ponder, May 3, 2020, # 27 Exhibit Ex. 27 - Declaration of Juanita Singleton, May 3, 2020, # 28 Exhibit Ex. 28 - Declaration of Roxcena Smith May 1, 2020, # 29 Exhibit Ex. 29 - Declaration of Valencia White May 1, 2020, # 30 Exhibit Ex. 30 - Declaration of Tonya Williams May 3, 2020, # 31 Exhibit Ex. 31 - Department of Correction Secretarys Board Report March 2020, # 32 Exhibit Ex. 32 - April 24, 2020 ADH Letter to ADC Employee regarding positive test results and work restrictions, # 33 Exhibit Ex. 33 - Nicholas Frazier Affidavits and Grievances, April 2020, # 34 Exhibit Ex. 34 - Alvin Hampton Grievances, April 2020, # 35 Exhibit Ex. 35 - Michael Kouri Grievances, April 2020, # 36 Exhibit Ex. 36 - Jonathan Neeley Grievances, April 2020, # 37 Exhibit Ex. 37 - Harold Otwell Grievances, April 2020, # 38 Exhibit Ex. 38 - Trinidad Serrato Grievances, April 2020, # 39 Exhibit Ex. 39 - Victor Williams Grievances, April 2020, # 40 Exhibit Ex. 40 - Search Results for Citrus Breeze on EPA List of Disinfectants for Use Against SARS-CoV-2, # 41 Exhibit Ex. 41 - ADC Total of Medical Grievances Jan 1 - April 1, 2020, # 42 Exhibit Ex. 42 - ADC COVID Response, # 43 Exhibit Ex. 43 - Eldon Vail Curriculum Vitae, # 44 Exhibit Ex. 44 - Image ADC Graduation Ceremony 3.27.2020, # 45 Exhibit Ex. 45 - Image Cummins Unit Facebook Post, # 46 Exhibit Ex. 46 - Food Tray (Cummins Unit), # 47 Exhibit Ex. 47 - ADC Sergeant Facebook Post_Redacted, # 48 Exhibit Ex. 48 - Dr. Naveen Patil (ADH) West Memphis Email to Austin Porter (ADH) 4.13.2020, # 49 Exhibit Ex. 49 - Dr. Naveen Patil (ADH) Email to Nate Smith (ADH) 4.12.2020, # 50 Exhibit Ex. 50 - Dr. Naveen Patil (ADH) Hand Sanitizer Email to Nate Smith (ADH) 4.10.2020, # 51 Exhibit Ex. 51 - First Declarations (Plaintiff Signed), April 26, 2020 April 27, 2020, # 52 Exhibit Ex. 52 - Image - Food Tray 2, # 53 Exhibit Ex. 53 - Image - Food Tray 5, # 54 Exhibit Ex. 54 - Image - Food Tray 6)(Shukur, Omavi) (Entered: 05/04/2020)

1 Exhibit Ex. 1 - Second Declaration of Nicholas Frazier, April 29, 2020

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2 Exhibit Ex. 2 - Second Declaration of Alvin Hampton, April 29, 2020

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3 Exhibit Ex. 3 - Second Declaration of Marvin Kent, April 29, 2020

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4 Exhibit Ex. 4 - Second Declaration of Michael Kouri April 26, 2020

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5 Exhibit Ex. 5 - Second Declaration of Jonathan Neeley, April 29, 2020

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6 Exhibit Ex. 6 - Second Declaration of Alfred Nickson, April 29, 2020

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7 Exhibit Ex. 7 - Second Declaration of Harold Otwell, April 29, 2020

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8 Exhibit Ex. 8 - Second Declaration of Trinidad Serrato, April 29, 2020

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9 Exhibit Ex. 9 - Second Declaration Robert Stiggers, April 29, 2020

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10 Exhibit Ex. 10 - Second Declaration Victor Williams, April 29, 2020

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11 Exhibit Ex. 11 - Expert Declaration of Eldon Vail, May 3, 2020

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12 Exhibit Ex. 12 - Second Expert Declaration of Dr. Marc Stern, May 3, 2020

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13 Exhibit Ex. 13 - Declaration of Katina Anderson May 3, 2020

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14 Exhibit Ex. 14 - Declaration of Audrey Brown May 3, 2020

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15 Exhibit Ex. 15 - Declaration of Carrie Coleman, May 3, 2020 (pdf)

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16 Exhibit Ex. 16 - Declaration of Nicole Cleveland, May 3, 2020

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17 Exhibit Ex. 17 - Declaration of Susie Anita Daniels, May 3, 2020

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18 Exhibit Ex. 18 - Declaration of Joshua Gillispie May 3, 2020

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19 Exhibit Ex. 19 - April 21 Letter from Joshua Gillispie to Warden and Medical Ser

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20 Exhibit Ex. 20 - April 22 Letter from Joshua Gillispie to Warden and Medical Ser

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21 Exhibit Ex. 21 - Declaration of Randi Harper May 3, 2020

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22 Exhibit Ex. 22 - Declaration of Carlton Hayes May 2, 2020

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23 Exhibit Ex. 23 - Declaration of William Holley May 3, 2020

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24 Exhibit Ex. 24 - Declaration of Kenna Lewis May 3, 2020

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25 Exhibit Ex. 25 - Declaration of Janice Nicholson May 3, 2020

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26 Exhibit Ex. 26 - Declaration of Cecilia Sagers Ponder, May 3, 2020

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27 Exhibit Ex. 27 - Declaration of Juanita Singleton, May 3, 2020

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28 Exhibit Ex. 28 - Declaration of Roxcena Smith May 1, 2020

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29 Exhibit Ex. 29 - Declaration of Valencia White May 1, 2020

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30 Exhibit Ex. 30 - Declaration of Tonya Williams May 3, 2020

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31 Exhibit Ex. 31 - Department of Correction Secretarys Board Report March 2020

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32 Exhibit Ex. 32 - April 24, 2020 ADH Letter to ADC Employee regarding positive te

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33 Exhibit Ex. 33 - Nicholas Frazier Affidavits and Grievances, April 2020

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34 Exhibit Ex. 34 - Alvin Hampton Grievances, April 2020

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35 Exhibit Ex. 35 - Michael Kouri Grievances, April 2020

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36 Exhibit Ex. 36 - Jonathan Neeley Grievances, April 2020

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37 Exhibit Ex. 37 - Harold Otwell Grievances, April 2020

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38 Exhibit Ex. 38 - Trinidad Serrato Grievances, April 2020

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39 Exhibit Ex. 39 - Victor Williams Grievances, April 2020

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40 Exhibit Ex. 40 - Search Results for Citrus Breeze on EPA List of Disinfectants f

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41 Exhibit Ex. 41 - ADC Total of Medical Grievances Jan 1 - April 1, 2020

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42 Exhibit Ex. 42 - ADC COVID Response

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43 Exhibit Ex. 43 - Eldon Vail Curriculum Vitae

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44 Exhibit Ex. 44 - Image ADC Graduation Ceremony 3.27.2020

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45 Exhibit Ex. 45 - Image Cummins Unit Facebook Post

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46 Exhibit Ex. 46 - Food Tray (Cummins Unit)

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47 Exhibit Ex. 47 - ADC Sergeant Facebook Post_Redacted

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48 Exhibit Ex. 48 - Dr. Naveen Patil (ADH) West Memphis Email to Austin Porter (ADH

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49 Exhibit Ex. 49 - Dr. Naveen Patil (ADH) Email to Nate Smith (ADH) 4.12.2020

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50 Exhibit Ex. 50 - Dr. Naveen Patil (ADH) Hand Sanitizer Email to Nate Smith (ADH)

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51 Exhibit Ex. 51 - First Declarations (Plaintiff Signed), April 26, 2020 April 27

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52 Exhibit Ex. 52 - Image - Food Tray 2

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53 Exhibit Ex. 53 - Image - Food Tray 5

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54 Exhibit Ex. 54 - Image - Food Tray 6

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NOTICE OF DOCKET CORRECTION re 44 Reply. CORRECTION: The docket text was modified to correct the linkage to 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (jak)

Mail Returned Undeliverable as to George Kendall re 1 Class Action Complaint. (fjg) (Entered: 05/04/2020)

REPLY MEMORANDUM in Support re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by John Doe, Nicholas Frazier, Alvin Hampton, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Docket text modified on 5/4/2020 to correct the linkage) (jak) (Entered: 05/04/2020)

ORDER directing the parties to abide by the evidentiary procedures outlined in this Order for the 5/7/2020, hearing; and holding in abeyance 37 plaintiffs' motion for expedited discovery. Defendants need not respond to plaintiffs' requests for production at this time. Signed by Judge Kristine G. Baker on 5/4/2020. (jbh) (Entered: 05/04/2020)

TEMPORARY RESTRAINING ORDER provisionally denying 22 plaintiffs' supplemental motion for temporary restraining order; keeping under advisement 2 plaintiffs' emergency motion for temporary restraining order and preliminary injunction; and directing the Clerk to terminate Mr. Chadick as a defendant in this action. Signed by Judge Kristine G. Baker on 5/4/2020. (jbh) (Additional attachment(s) added on 5/5/2020: # 1 Court's Exhibit A) (thd). (Entered: 05/04/2020)

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 48 Exhibit List, (Shukur, Omavi) (Entered: 05/05/2020)

NOTICE OF DOCKET CORRECTION re: 42 Temporary Restraining Order. CORRECTION: The Court's Exhibit A was omitted from the original document. Exhibit A was added as an attachment to docket entry 42 and is attached hereto for service on the parties. (thd) (Entered: 05/05/2020)

NOTICE by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers (Attachments: # 1 Ex. 1- 2020-05-04-023-Order)(Shukur, Omavi) (Entered: 05/05/2020)

NOTICE by All Defendants Defendants' Objections to Plaintiffs' Exhibits (Merritt, Jennifer) (Entered: 05/05/2020)

Witness List by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams(Shukur, Omavi) (Entered: 05/05/2020)

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 48 Exhibit List, (Attachments: # 1 Exhibit 72, # 2 Exhibit 73, # 3 Exhibit 74, # 4 Exhibit 75, # 5 Exhibit 76, # 6 Exhibit 77, # 7 Exhibit 78, # 8 Exhibit 79, # 9 Exhibit 80, # 10 Exhibit 81, # 11 Exhibit 82)(Shukur, Omavi) (Entered: 05/05/2020)

Exhibit List with Exhibits 81-104 by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Exhibit 81.Varner Cleaning Summary;, # 2 Exhibit 82.May 4, 2020 Bradshaw Email;, # 3 Exhibit 83.April 13, 2020 ORCU Memo re: Sanitation Details;, # 4 Exhibit 84.April 8, 2020 Kelley Email re: COVID-19 Update;, # 5 Exhibit 85.April 14, 2020 Email re: Distancing & Meals at Varner Unit;, # 6 Exhibit 86.April 15, 2020 Kelley Email re: Programs;, # 7 Exhibit 87.April 16, 2020 Email re: Distancing at Varner Unit;, # 8 Exhibit 88.April 24, 2020 Cummins Restrictive Housing Clean Log;, # 9 Exhibit 89.April 29, 2020 Memo from ORCU re: Recreation & Sanitation;, # 10 Exhibit 90.April 30, 2020 Kelley Email re: Distancing in Barracks;, # 11 Exhibit 91.March 11, 2020 Payne Email re: Limiting Staff Travel;, # 12 Exhibit 92.March 21, 2020 Payne Email re: Sanitizing Transportation Vehicles;, # 13 Exhibit 93.March 23, 2020 Email re: Social Distancing at Varner;, # 14 Exhibit 94.March 24, 2020 Payne Email re: Hand Sanitizer & Soap for All Units;, # 15 Exhibit 95.March 26, 2020 Email re: COVID Isolation Procedures at Varner SuperMax;, # 16 Exhibit 96.May 3, 2020 Payne Email re: Social Distancing in Barracks with Attachment;, # 17 Exhibit 97.Varner Unit April Citrus Breeze Chemical Inventory Log;, # 18 Exhibit 98.Varner Unit April Formula 10.6 Chemical Inventory Log;, # 19 Exhibit 99.Varner Unit April Razor Blue Chemical Inventory Log;, # 20 Exhibit 100.Varner Unit April Sparkle Plus Chemical Inventory Log;, # 21 Exhibit 101.Varner Unit March Citrus Breeze Chemical Inventory Log;, # 22 Exhibit 102.Varner Unit March Formula 10.6 Chemical Inventory Log;, # 23 Exhibit 103.Varner Unit March Razor Blue Chemical Inventory Log; and, # 24 Exhibit 104.Varner Unit March Sparkle Plus Chemical Inventory Log.)(Garner, Jerry) (Entered: 05/05/2020)

1 Exhibit 81.Varner Cleaning Summary;

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2 Exhibit 82.May 4, 2020 Bradshaw Email;

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3 Exhibit 83.April 13, 2020 ORCU Memo re: Sanitation Details;

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4 Exhibit 84.April 8, 2020 Kelley Email re: COVID-19 Update;

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5 Exhibit 85.April 14, 2020 Email re: Distancing & Meals at Varner Unit;

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6 Exhibit 86.April 15, 2020 Kelley Email re: Programs;

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7 Exhibit 87.April 16, 2020 Email re: Distancing at Varner Unit;

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8 Exhibit 88.April 24, 2020 Cummins Restrictive Housing Clean Log;

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9 Exhibit 89.April 29, 2020 Memo from ORCU re: Recreation & Sanitation;

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10 Exhibit 90.April 30, 2020 Kelley Email re: Distancing in Barracks;

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11 Exhibit 91.March 11, 2020 Payne Email re: Limiting Staff Travel;

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12 Exhibit 92.March 21, 2020 Payne Email re: Sanitizing Transportation Vehicles;

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13 Exhibit 93.March 23, 2020 Email re: Social Distancing at Varner;

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14 Exhibit 94.March 24, 2020 Payne Email re: Hand Sanitizer & Soap for All Units;

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15 Exhibit 95.March 26, 2020 Email re: COVID Isolation Procedures at Varner SuperMa

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16 Exhibit 96.May 3, 2020 Payne Email re: Social Distancing in Barracks with Attach

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17 Exhibit 97.Varner Unit April Citrus Breeze Chemical Inventory Log;

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18 Exhibit 98.Varner Unit April Formula 10.6 Chemical Inventory Log;

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19 Exhibit 99.Varner Unit April Razor Blue Chemical Inventory Log;

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20 Exhibit 100.Varner Unit April Sparkle Plus Chemical Inventory Log;

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21 Exhibit 101.Varner Unit March Citrus Breeze Chemical Inventory Log;

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22 Exhibit 102.Varner Unit March Formula 10.6 Chemical Inventory Log;

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23 Exhibit 103.Varner Unit March Razor Blue Chemical Inventory Log; and

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24 Exhibit 104.Varner Unit March Sparkle Plus Chemical Inventory Log.

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Exhibit List with Exhibits 43-80 by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Document 43.April 13, 2020 Payne Email re: Staff Testing for COVID-19;, # 2 Exhibit 44.April 15, 2020 Kelley Email re: N95 Masks & Sanitizer;, # 3 Exhibit 45.April 16, 2020 Emails re: Clear Barriers;, # 4 Exhibit 46.April 20, 2020 Bradshaw-Payne Emails re: Steps to Enforce Social Distancing;, # 5 Exhibit 47.April 30, 2020 Payne Email re: Masks During Transports;, # 6 Exhibit 48.April 4, 2020 Email to All DOC Staff re: COVID Stats;, # 7 Exhibit 49.March 10, 2020 Email with Arkansas Department of Health & ADC Joint Effort;, # 8 Exhibit 50.March 10, 2020 Email re: Obtaining Masks;, # 9 Exhibit 51.March 16, 2020 Kelley Email re: Screening and Visitation;, # 10 Exhibit 52.March 30, 2020 Email re: Correctional Officer Testing;, # 11 Exhibit 53.March 27, 2020 Email re: DOC & ADH Guidance Revisions;, # 12 Exhibit 54.March 22, 2020 Email re: Screening and Thermometers;, # 13 Exhibit 55.Plans for New Commitment Intake Process;, # 14 Exhibit 56.Second Declaration of Dexter Payne;, # 15 Exhibit 57.March 23, 2020 Payne Email re: NIC CV Information Page;, # 16 Exhibit 58.March 30, 3030 Bradshaw-Payne Emails re: How to Protect Self & Coworkers;, # 17 Exhibit 59.April 2, 2020 Payne Email re: COVID-19;, # 18 Exhibit 60.April 8, 2020 Payne Email re: Inmate Visitation;, # 19 Exhibit 61.April 14, 2020 FEMA Email;, # 20 Exhibit 62.April 15, 2020 Kelley Email re: COVID Positive Guidance;, # 21 Exhibit 63.April 16, 2020 Email re: Return to Work Guidance;, # 22 Exhibit 64.April 16, 2020 Payne Email re: Employees Returning to Work Fulltime;, # 23 Exhibit 65.April 17, 2020 ORCU Memo re: Face Masks;, # 24 Exhibit 66.April 20, 2020 Bradshaw-Payne Email re: Use of Cloth Masks;, # 25 Exhibit 67.April 21, 2020 Payne Email re: Use of Cloth Face Masks;, # 26 Exhibit 68.April 23, 2020 Payne Email re: COVID Webinar;, # 27 Exhibit 69.April 27, 2020 ORCU Memo;, # 28 Exhibit 70.April 27, 2020 Payne Email re: How to Protect Yourself and Others;, # 29 Exhibit 71.May 1, 2020 Email re: PPE Guide;, # 30 Exhibit 72.April 12, 2020 Payne Email re: Additional Cleaning of Entrance Bldgs.;, # 31 Exhibit 73.Homeland Security Return-to-Work Guidance;, # 32 Exhibit 74.ORCU Photographs;, # 33 Exhibit 75.Citrus Breeze III Information Page;, # 34 Exhibit 76.Cummins Unit Chemical Inventory Log;, # 35 Exhibit 77.Industry Stock Transfer Forms for Cloth Masks;, # 36 Exhibit 78.ORCU Plaintiffs Mask Receipts;, # 37 Exhibit 79.ORCU Staff Mask Issuance Log;, # 38 Exhibit 80.Sales Orders for Masks & Respirators;)(Garner, Jerry) (Entered: 05/05/2020)

Exhibit List for Preliminary Hearing by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Shukur, Omavi) (Entered: 05/05/2020)

OBJECTIONS by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Irish, Corrine) (Entered: 05/05/2020)

RESPONSE re 53 Notice (Other) Plaintiffs' Responses to Defendants Objections to Plaintiffs' Filed Exhibits by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Irish, Corrine) (Entered: 05/06/2020)

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 57 Exhibit List,,,,, Amended Rebuttal (Attachments: # 1 Exhibit Ex. 96. - Email to Wendy Kelley, March 23, 2020, # 2 Exhibit Ex. 97 - Second Declaration of Michael Kouri, May 6, 2020)(Quereshi, Ajmel) (Entered: 05/06/2020)

RESPONSE re 47 Objection by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Merritt, Jennifer) (Entered: 05/06/2020)

Witness List by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne(Merritt, Jennifer) (Entered: 05/06/2020)

Exhibit List Rebuttal by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Attachments: # 1 Exhibit Ex. 83 - Sanitation Issuance Logs, Barbara Ester Unit, # 2 Exhibit Ex. 84 - Pine Bluff Unit, Beach Issuance Daily Logs, # 3 Exhibit Ex. 85 - Declaration of Harold Scott Otwell, May 5, 2020, # 4 Exhibit Ex. 86 - Declaration of Jonathan Neeley, May 5, 2020, # 5 Exhibit Ex. 87 - Email from Dexter Payne, April 24, 2020, Employees that Asymptomatic, # 6 Exhibit Ex. 88 - Email from John Craig, April 30, 2020, Inmate/Resident Social Distancing, # 7 Exhibit Ex. 89 - Memo from Doris Greer, COVID-19 Updated Precautions, May 4, 2020, # 8 Exhibit Ex. 90 - Email from Dexter Payne, April 21, 2020, Masks During Transports, # 9 Exhibit Ex. 91 - ADC FY19 Statistical Information Trends Website, April 10, 2020, # 10 Exhibit Ex. 92 - Center for Disease Control, Cleaning and Disinfection for Households, # 11 Exhibit Ex. 93 - Email from James Gibson, April 30, 2020, Inmate/Resident Social Distancing, # 12 Exhibit Ex. 94 - Email from Jared Byers, April 27, 2020, Masks, # 13 Exhibit Ex. 95 - Article from Arkansas Democrat Gazette, May 6, 2020, Hutchinson Relaxes Curbs on Recreational Travelers)(Quereshi, Ajmel) (Entered: 05/06/2020)

MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 5/7/2020 re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nicholas Frazier et al. Court convened via telephone; After witness testimony and arguments from counsel, the Court took the matter under advisement. The Court will issue a written ruling. (Present for Plaintiffs: Jin Hee Lee, Omavi Shukur, Christopher Kemmitt, George Kendall, Natasha Merle, Ajmel Quereshi, Corrine Irish, and Patricia Okonta; Present for defendants: Asher Steinberg, Jennifer Merritt, Jerry Garner and Nicholas Bronni) (Court Reporter Elaine Hinson and Margie Kruse.) (tmw) (Entered: 05/07/2020)

BRIEF IN SUPPORT re 3 Memorandum, 2 Motion for TRO and Preliminary Injunction filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Entered: 05/08/2020)

TRIAL BRIEF by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne(Steinberg, Asher) (Entered: 05/08/2020)

TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on 5/7/2020, before Judge Kristine G. Baker. Court Reporters Elaine Hinson and Margaret M. Kruse. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 5/15/2020. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (fcd) (Entered: 05/08/2020)

BRIEF IN SUPPORT re 66 Motion for Order Taking Judicial Notice of New COVID-19 Infection Data filed by All Plaintiffs. (Shukur, Omavi) (Entered: 05/14/2020)

MOTION for Order Taking Judicial Notice of New COVID-19 Infection Data by All Plaintiffs (Shukur, Omavi) (Entered: 05/14/2020)

ORDER denying 2 plaintiffs' motion for preliminary injunction. Signed by Judge Kristine G. Baker on 5/19/2020. (jbh) (Entered: 05/19/2020)

MOTION to Stay Rule 26(f) Conference & Discovery by All Defendants (Merritt, Jennifer) (Entered: 05/27/2020)

BRIEF IN SUPPORT re 70 Motion for Issuance of an Initial Scheduling Order filed by All Plaintiffs. (Attachments: # 1 Exhibit)(Shukur, Omavi) (Entered: 05/28/2020)

MOTION for Issuance of an Initial Scheduling Order by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Shukur, Omavi) (Entered: 05/28/2020)

REPLY to Response to Motion re 70 MOTION for Issuance of an Initial Scheduling Order filed by All Plaintiffs. (Shukur, Omavi) (Entered: 05/29/2020)

RESPONSE in Opposition re 70 MOTION for Issuance of an Initial Scheduling Order filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Merritt, Jennifer) (Entered: 05/29/2020)

INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 6/11/2020; Rule 26(f) Report due by 6/25/2020; Bench Trial set for sometime during the week of 4/5/2021 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 06/04/2020. (tmw) (Entered: 06/04/2020)

ORDER denying 69 defendants' motion to stay discovery; and granting 70 plaintiffs' emergency motion for initial scheduling order. The Court will enter an initial scheduling order by separate order. Signed by Judge Kristine G. Baker on 6/4/2020. (jbh) (Entered: 06/04/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (Attachments: # 1 Document Brief in Support)(Steinberg, Asher) (Entered: 06/22/2020)

NOTICE by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Merle, Natasha) (Entered: 06/23/2020)

NOTICE by All Defendants re 77 Notice (Other) Notice of Violation of Ark. R. Prof. Conduct 4.2 (Merritt, Jennifer) (Entered: 06/24/2020)

REPORT of Rule 26(f) Planning Meeting by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Entered: 06/25/2020)

NOTICE OF HEARING setting a hearing via telephone on Tuesday, 6/30/2020, at 2:30 p.m. CT in Little Rock Courtroom 4C. Signed by Judge Kristine G. Baker on 6/25/2020. (jbh) (Entered: 06/25/2020)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: Telephone Conference held on 6/30/2020. The parties convened; After arguments from counsel, the Court directed the parties to confer; The Court took the matter under advisement and will issue a written ruling. (Present for plaintiffs: Natasha Merle, Ajmel Quereshi, George Kendall, Laura Fernandez, Omavi Shukur; Present for defendants: Jennifer Merritt, Jerry Garner, and Christine Cryer) (Court Reporter Suzanne McKennon) (tmw) (Entered: 06/30/2020)

Unopposed MOTION for Extension of Time to File Response/Reply as to 76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Plaintiffs (Everett, Sarah) (Entered: 07/06/2020)

ORDER granting 82 plaintiffs' unopposed motion for extension of time to oppose defendants' motion to dismiss. Plaintiffs shall have up to, and including, 07/13/2020, to oppose defendants' motion to dismiss. Signed by Judge Kristine G. Baker on 07/07/2020. (ajt) (Entered: 07/07/2020)

AMENDED Class Action Complaint and PETITION for Writ of Habeas Corpus against All Defendants filed by All Plaintiffs. Summons issued as to Nathaniel Smith, Wellpath LLC and returned to counsel for service. (fjg) (Entered: 07/14/2020)

ORDER granting 85 Motion for Extension of Time to Answer. The State defendants shall have up to, and including, 08/04/2020, to file a responsive pleading to the amended complaint. Signed by Judge Kristine G. Baker on 07/16/2020. (ajt) (Entered: 07/16/2020)

Unopposed MOTION for Extension of Time to File Answer re 84 Amended Complaint by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Lee Watson (Merritt, Jennifer) (Entered: 07/16/2020)

AFFIDAVIT of Service, filed by Alvin Hampton, Aaron Elrod, Wesley Bray, Torris Richardson, Marvin Kent, Trinidad Serrato, Nicholas Frazier, Joseph Head, Lee Owens, Roderick Wesley, John Doe, Victor Williams, Darryl Hussey, John Doe, Jimmy Little, Jonathan Neeley, Michael Kouri, Harold Otwell, Cedric Sims, Price Brown, Charles Czarnetzki, Robert Stiggers, Alfred Nickson. Wellpath LLC served on 7/16/2020. (Attachments: # 1 Document USPS Proof of Delivery)(Everett, Sarah) (Entered: 07/17/2020)

AFFIDAVIT of Service of summons, filed by Alvin Hampton, Aaron Elrod, Wesley Bray, Torris Richardson, Marvin Kent, Trinidad Serrato, Nicholas Frazier, Joseph Head, Lee Owens, Roderick Wesley, John Doe, Victor Williams, Darryl Hussey, John Doe, Jimmy Little, Jonathan Neeley, Michael Kouri, Harold Otwell, Cedric Sims, Price Brown, Charles Czarnetzki, Robert Stiggers, Alfred Nickson. Nathaniel Smith served on 7/14/2020. (Attachments: # 1 Document Acceptance of service)(Everett, Sarah) (Entered: 07/17/2020)

ORDER granting 89 State defendants' second motion for extension of time to respond to plaintiffs' amended complaint. The State defendants shall have up to, and including, 08/18/2020, to file a responsive pleading to the amended complaint. Signed by Judge Kristine G. Baker on 07/31/2020. (ajt) (Entered: 07/31/2020)

RESPONSE to Motion re 89 Second MOTION for Extension of Time to File Answer re 84 Amended Complaint or Motion to Dismiss filed by All Plaintiffs. (Shukur, Omavi) (Entered: 07/31/2020)

Second MOTION for Extension of Time to File Answer re 84 Amended Complaint or Motion to Dismiss by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Nathaniel Smith, Lee Watson (Merritt, Jennifer) (Entered: 07/31/2020)

ANSWER to 84 Amended Complaint by Wellpath LLC.(Dougherty, Kirkman) (Entered: 08/03/2020)

ORDER concluding that plaintiffs may not proceed with ex parte communications with nonsupervisory DOC employees at this time. To the extent any party wishes to brief further the possibility of vicarious liability under Title II of the ADA and how the existence or absence of such liability would bear upon plaintiffs' ex parte communications with nonsupervisory DOC employees, the Court welcomes such briefing. Signed by Judge Kristine G. Baker on 8/4/2020. (jbh) (Entered: 08/04/2020)

BRIEF IN SUPPORT re 95 Motion to Dismiss for Failure to State a Claim, Sovereign Immunity filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Jose Romero, Lee Watson. (Merritt, Jennifer) (Entered: 08/18/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and based on Sovereign Immunity by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Jose Romero, Lee Watson (Merritt, Jennifer) (Entered: 08/18/2020)

MOTION to Withdraw as Attorney Laura Fernandez by Wesley Bray, Price Brown, Charles Czarnetzki, John Doe, John Doe, Aaron Elrod, Nicholas Frazier, Alvin Hampton, Joseph Head, Darryl Hussey, Marvin Kent, Michael Kouri, Jimmy Little, Jonathan Neeley, Alfred Nickson, Harold Otwell, Lee Owens, Torris Richardson, Trinidad Serrato, Cedric Sims, Robert Stiggers, Roderick Wesley, Victor Williams (Fernandez, Laura) (Entered: 08/18/2020)

Unopposed MOTION for Extension of Time to File Response/Reply as to 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and based on Sovereign Immunity by All Plaintiffs (Shukur, Omavi) (Entered: 08/25/2020)

NOTICE of Appearance by Jeffrey Wahl Hatfield on behalf of Wellpath LLC (Hatfield, Jeffrey) (Entered: 08/27/2020)

NOTICE of Appearance by Kynda Almefty on behalf of Wellpath LLC (Almefty, Kynda) (Entered: 08/27/2020)