Case: McPherson v. Lamont

3:20-cv-00534 | U.S. District Court for the District of Connecticut

Filed Date: April 20, 2020

Closed Date: Dec. 31, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a putative class action brought on April 20, 2020, by five detainees at the Connecticut Department of Correction, seeking release from detention or transfer to home confinement due to elevated health risks in light of the virus. The class was certified on June 12. On July 17, the parties entered into a settlement agreement which provided for a variety of specific mitigation measures to improve COVID-19-related sanitation, hygiene, testing, and medical monitoring at eve…

COVID-19 Summary: This is a putative class action brought on April 20, 2020, by five detainees at the Connecticut Department of Correction, seeking release from detention or transfer to home confinement due to elevated health risks in light of the virus. The class was certified on June 12. On July 17, the parties entered into a settlement agreement which provided for a variety of specific mitigation measures to improve COVID-19-related sanitation, hygiene, testing, and medical monitoring at every Connecticut DOC facility, and discretionary release that prioritizes prisoners who are 65 or older, or with a medical score of 4 or 5. The agreement was approved and the case was dismissed on July 22. Several individuals have objected to the settlement and two individuals have appealed. The settlement agreement expired on December 31, 2020. There was on appeal pending but it was dismissed on March 16, 2021, the case is now believed to be closed.


On April 20, 2020, five individuals held at the Connecticut Department of Correction (DOC) filed a putative class action at the U.S. District Court for the District of Connecticut. Represented by the American Civil Liberties Union Foundation, ACLU of Connecticut and private counsel, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. under § 2241, and as an injunctive and declaratory action under 42 U.S.C. § 1983 and 28 U.S.C. § 2201-02. Specifically, the plaintiffs alleged that the conditions of confinement posed an unreasonable risk of COVID-19 in violation of detainees’ Eighth and Fourteenth Amendment rights. They alleged that the defendants' failure to implement CDC-mandated guidelines had resulted in a surge of COVID-19 cases at the DOC, and that those detainees had been transferred to isolation units unfit to serve as medical correctional facilities.The case was assigned to Judge Charles S Haight, then reassigned to Judge Janet Bond Arterton on April 27.

The plaintiffs filed this action on behalf of all people who are, or will be, held in DOC, via a "Pre-adjudication Class" and a "Post-adjudication Class." These classes, which represent an estimated 11,840 people, are further grouped into subclasses, which are: the “Medically Vulnerable Pre-adjudication Subclass,” comprised of medically vulnerable detainees awaiting the adjudication of their charges, and the “Medically Vulnerable Post-adjudication Subclass,” comprised of those currently serving a criminal sentence. The plaintiffs sought declaratory and injunctive relief, and/or a writ of habeas corpus requiring the immediate release of both subclasses, as well as a plan for mitigation efforts in compliance with CDC guidelines, to be overseen by a qualified public health expert. In the alternative of the immediate release, the petitioners sought an expedited review of the complaint.

On April 27, the plaintiffs submitted a motion for temporary restraining order requesting that the plan for mitigation efforts to be submitted in three days, as well as weekly reports of medically vulnerable populations held at the DOC. The defendants submitted a motion to dismiss for lack of subject matter jurisdiction on May 1, claiming that the plaintiffs failed to exhaust available habeas remedies and administrative remedies under §1983 and the Prison Litigation Reform Act.

The motion to dismiss was denied on May 6, noting that the normal grievance process was “practically . . . incapable of use” for COVID-19 purposes, due to the imminent health threat the virus posed. 2020 WL 2198279. The case was then referred to Judge William I Garfinkel for the purpose of expediting scheduling and discovery.

On May 10, the plaintiffs filed a motion for a preliminary injunction, requesting similar demands as in the motion for TRO. On May 18, the defendants claimed that they had already significantly reduced the inmate population in response to the COVID-19 pandemic (1,810 detainees or 14.6% of the total population), and implemented evaluations for early release.

Between June 1-6, the parties had settlement conferences before Magistrate Judge Garfinkel. Pursuant to their settlement agreement, the parties jointly sought class certification on June 11; the proposed class was “[a]ll persons who were incarcerated in a DOC facility from March 1, 2020, or are incarcerated, or in the future will be so incarcerated, until the termination date of this Agreement, December 31, 2020.” Class certification was granted on June 12. On June 19, the court directed notice to the class.

On July 2, Rupert A. Thompson, an individual held at the Connecticut DOC, sought to intervene. Between July 2-13, over fifty individual plaintiffs submitted various objections to the settlement agreement, such as a lack of notice regarding the class, and sought to opt-out, claiming that the agreement did not address the needs of the entire inmate population. Another individual held at the facility sought to intervene on July 13.

On July 17, the defendants sought an order finding compliance with the order giving notice to the class and for a finding of adequacy of the notice given. The same day, the parties sought approval of their settlement agreement. In the settlement agreement, the parties agreed to a variety of specific mitigation measures to improve COVID-19-related sanitation, hygiene, testing, and medical monitoring at every Connecticut DOC facility, and discretionary release that prioritized prisoners who are 65 or older, or with a medical score of 4 or 5. A five-person monitoring panel was to (1) oversee adherence to COVID-19-related correctional public health standards and to (2) make real-time, publicly available, recommendations to DOC regarding its COVID-19 mitigation efforts. The agreement also outlined a dispute resolution procedure in front of Judge Garfinkel in the event of defendants’ non-compliance with the measures in the Agreement.

On July 20, the court denied the post-notice motions of class members seeking to opt-out, as they requested individualized relief. The same day, the court granted the defendants motion for an order finding compliance. The court held a hearing and on July 22, as agreed in the settlement agreement, the court dismissed the case.

Several individuals continued to object to the settlement and the court required the parties to respond to the objections by November 30. Two individuals appealed the settlement approval on August 17 and 20. The first appeal, filed by Michael Young, was assigned USCA Case Number 20-2949, and was subsequently dismissed on March 16, 2021.

Individuals continued to file objections to settlement, motions to reopen the case, and on January 26, a non-party filed an emergency motion for restraining order. On March 2, the court issued a notice stating that the settlement agreement expired on December 31, 2020 and the class ceased to exist as of that same date. The court further stated that it terminated its jurisdiction and all motions and requests related to the settlement that were filed after December 31 were dismissed. The case is now believed to be closed.

Summary Authors

Averyn Lee (9/23/2020)

Chandler Hart-McGonigle (11/15/2020)

Zofia Peach (4/2/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17084936/parties/mcpherson-v-lamont/


Judge(s)

Arterton, Janet Bond (Connecticut)

Bellis, Barbara N. (Connecticut)

Garfinkel, William I. (Connecticut)

Attorneys(s) for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Buskey, Brandon (New York)

Erwin, Daniel Murphy (Connecticut)

Newmark, Jenna (New York)

Piper, Gabrielle Naomi (Connecticut)

Sachse, Friedrich-Wilhelm Wolfgang (Pennsylvania)

Judge(s)

Arterton, Janet Bond (Connecticut)

Bellis, Barbara N. (Connecticut)

Garfinkel, William I. (Connecticut)

Attorneys(s) for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Buskey, Brandon (New York)

Erwin, Daniel Murphy (Connecticut)

Newmark, Jenna (New York)

Piper, Gabrielle Naomi (Connecticut)

Sachse, Friedrich-Wilhelm Wolfgang (Pennsylvania)

Tam, Jonathan S (California)

Taubes, Alexander T. (Connecticut)

Attorneys(s) for Defendant

Belforti, James Michael (Connecticut)

Donohue, James W. (Connecticut)

Medeiros, Janelle (Connecticut)

O'Neill, Terrance M. (Connecticut)

Rowley, Edward David (Connecticut)

Strom, Steven R. (Connecticut)

Tong, William (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

March 16, 2021 Docket
1

Class Action Complaint For Declaratory and Injunctive Relief and Petition For Writs Of Habeas Corpus

April 20, 2020 Complaint
15

Plaintiffs-Petitioners' Motion For Temporary Restraining Order

April 27, 2020 Pleading / Motion / Brief
26

Respondents' Motion To Dismiss Exhibits J - P

May 1, 2020 Other
26

Respondents' Motion To Dismiss

May 1, 2020 Pleading / Motion / Brief
26

Respondents' Motion To Dismiss Exhibit E

May 1, 2020 Other
26

Respondents' Motion To Dismiss Exhibits F - I

May 1, 2020 Other
26

Respondents' Motion To Dismiss Exhibits A - D

May 1, 2020 Other
34

Memorandum Of Law In Support Of Plaintiffs-Petitioners’ Opposition To Respondents’ Motion To Dismiss Exhibit 8b

May 3, 2020 Other
34

Memorandum Of Law In Support Of Plaintiffs-Petitioners’ Opposition To Respondents’ Motion To Dismiss Exhibits 1-6

May 3, 2020 Other

Resources

Title Description External URL

McPherson et al v. Lamont et al

The American Civil Liberties Union summarized the key players and case against the Connecticut Department of Corrections regarding safety and hygiene protocols for those in prisons and jails. April 20, 2020 https://www.acluct.org/en/cases/mcpherson-et-al-v-lamont-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17084936/mcpherson-v-lamont/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5812389.), filed by John Roe, Tre McPherson, John Doe, Pattikate Williams-Void, Thomas Caves. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Barrett, Dan) (Entered: 04/20/2020)

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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April 20, 2020 RECAP
2

NOTICE of Appearance by Dan Barrett on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Barrett, Dan) (Entered: 04/20/2020)

April 20, 2020 PACER
3

MOTION to Proceed in Fictitious Name by John Doe, John Roe. (Barrett, Dan) (Entered: 04/20/2020)

April 20, 2020 PACER

Judge Charles S. Haight, Jr added. (Oliver, T.)

April 20, 2020 PACER
4

Order on Pretrial Deadlines: Amended Pleadings due by 6/19/2020 Discovery due by 10/20/2020 Dispositive Motions due by 11/24/2020 Signed by Clerk on 04/20/2020.(Nuzzi, Tiffany) (Entered: 04/21/2020)

April 20, 2020 PACER
5

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 04/20/2020.(Nuzzi, Tiffany) (Entered: 04/21/2020)

April 20, 2020 PACER

Request to Issue Summons

April 21, 2020 PACER

Add and Terminate Judges

April 21, 2020 PACER

Request for Clerk to issue summons as to All Defendants. (Barrett, Dan)

April 21, 2020 PACER
6

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Notice of Appearance filed by Pattikate Williams-Void, Tre McPherson, John Doe, John Roe, Thomas Caves, 5 Electronic Filing Order, 1 Complaint, filed by Pattikate Williams-Void, Tre McPherson, John Doe, John Roe, Thomas Caves, 4 Order on Pretrial Deadlines, 3 MOTION to Proceed in Fictitious Name filed by John Doe, John Roe Signed by Clerk on 04/21/2020.(Nuzzi, Tiffany) (Entered: 04/21/2020)

April 21, 2020 PACER
7

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Rollin Cook, Ned Lamont* with answer to complaint due within *21* days. Attorney *Dan Barrett* *Dan Barrett American Civil Liberties Union - CT* *765 Asylum Ave., 1st Floor* *Hartford, CT 06105*. (Nuzzi, Tiffany) (Entered: 04/21/2020)

April 21, 2020 PACER
8

NOTICE of Appearance by Elana Spungen Bildner on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Bildner, Elana) (Entered: 04/23/2020)

April 23, 2020 PACER
9

MOTION for Attorney(s) Will Saches, Jonathan Tam, Jenna Newmark, and Gabrielle Piper to be Admitted Pro Hac Vice (paid $300 PHV fee; receipt number ACTDC-5819903) by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Barrett, Dan) (Entered: 04/23/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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April 23, 2020 PACER
10

NOTICE of Related Case by All Plaintiffs (Attachments: # 1 Exhibit 1)(Barrett, Dan) (Entered: 04/23/2020)

1 Exhibit 1

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April 23, 2020 PACER
11

SUMMONS Returned Executed by John Roe, Tre McPherson, John Doe, Pattikate Williams-Void, Thomas Caves. Rollin Cook served on 4/22/2020, answer due 5/13/2020; Ned Lamont served on 4/22/2020, answer due 5/13/2020. (Barrett, Dan) (Entered: 04/23/2020)

April 23, 2020 PACER
12

ORDER granting 9 Motion to Appear Pro Hac Vice for Will Saches, Jonathan Tam, Jenna Newmark, and Gabrielle Piper. Certificate of Good Standing due by 6/23/2020. Signed by Clerk on 04/24/2020. (Nuzzi, Tiffany) (Entered: 04/24/2020)

April 24, 2020 PACER

Order on Motion for Admission Pro Hac Vice

April 24, 2020 PACER
13

ORDER OF TRANSFER. Case reassigned to Judge Janet Bond Arterton who is presiding over a related case: 3:20-cv-00528-JBA Lowery v. Cook. Signed by Judge Charles S. Haight, Jr on 04/27/20. (Barry, Donna) (Entered: 04/27/2020)

April 27, 2020 PACER

Calendar Entry

April 27, 2020 PACER

Order of Transfer

April 27, 2020 PACER
14

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Telephonic Status Conference set for 4/29/2020 at 11:00 a.m. before Judge Janet Bond Arterton. Parties shall call 1-877-402-9753 and use access code 3535720# to participate in the call. (Barry, Donna) (Entered: 04/27/2020)

April 27, 2020 PACER
15

MOTION for Temporary Restraining Order by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (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 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Barrett, Dan) (Entered: 04/27/2020)

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 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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April 27, 2020 RECAP
16

NOTICE by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void re 15 MOTION for Temporary Restraining Order of Fed. R. Civ. P. 65(b)(1) compliance (Barrett, Dan) (Entered: 04/27/2020)

April 27, 2020 PACER
17

MOTION to Seal portions of ECF # 15-2 by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Barrett, Dan) (Entered: 04/28/2020)

April 27, 2020 PACER
18

NOTICE of Appearance by Terrence M. O'Neill on behalf of Rollin Cook, Ned Lamont in their official capacities (O'Neill, Terrence) (Entered: 04/28/2020)

April 28, 2020 PACER
19

NOTICE of Appearance by Steven R. Strom on behalf of Rollin Cook, Ned Lamont in their official capacities (Strom, Steven) (Entered: 04/28/2020)

April 28, 2020 PACER
20

NOTICE of Appearance by James Michael Belforti on behalf of Rollin Cook, Ned Lamont in their official capacities (Belforti, James) (Entered: 04/28/2020)

April 28, 2020 PACER
21

NOTICE of Appearance by James W. Donohue on behalf of Rollin Cook, Ned Lamont in their official capacities (Donohue, James) (Entered: 04/28/2020)

April 28, 2020 PACER
22

ORDER: As set forth during the April 29, 2020 telephonic status conference, the Court has made findings that the interests of privacy significantly outweigh public's interest in the identities of John Doe and John Roe. The Court thus grants 3 Motion to Proceed in Fictitious Name and 17 Motion to Seal, on consent of Defendants. Signed by Judge Janet Bond Arterton on 4/29/2020. (Gutierrez, A.) (Entered: 04/29/2020)

April 29, 2020 PACER

Order on Motion to Seal

April 29, 2020 PACER

Order on Motion to Proceed in Fictitious Name

April 29, 2020 PACER

Order

April 29, 2020 PACER

Docket Annotation

April 29, 2020 PACER
23

As set forth at the telephonic conference held on April 29, 2020, Defendants shall file their response to Plaintiffs' 15 Motion for Temporary Restraining Order by 5:00 p.m. on May 1, 2020. Plaintiffs shall file its Reply to Defendant's Response by 12:00 p.m. on May 3, 2020. Petitioner Thaddeus Lowery in related case Lowery v. Cook, 20-cv-00528-JBA, shall also be permitted to submit a reply by 12:00 p.m. on May 3, 2020. Oral Argument will be held May 4, 2020, at 3:30pm via Zoom video conference. A notice containing the information for the Zoom conference shall follow. Signed by Judge Janet Bond Arterton on 4/29/2020. (Gutierrez, A.) Modified text on 4/29/2020 (Barry, Donna). (Entered: 04/29/2020)

April 29, 2020 PACER

Docket Entry Correction re 23 Order - date of oral argument updated to May 4, 2020. (Barry, Donna)

April 29, 2020 PACER

NOTICE regarding hearing via Zoom The oral argument scheduled for 05/04/20 at 3:30 p.m. will be conducted via Zoom. Video Link: https://www.zoomgov.com/j/1605525871?pwd=a1gxaTQvSGFpcUpUaTR6dm5qeEhSQT09 Call In Number: 646-828-7666 Meeting ID: 160 552 5871 Meeting Password: 433095Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Barry, Donna)

April 29, 2020 PACER

Set/Reset Deadlines as to 15 MOTION for Temporary Restraining Order - Responses due by 5:00 p.m. on 5/1/2020 (Barry, Donna)

April 29, 2020 PACER
24

MOTION for Attorney(s) Brandon Buskey to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5832419) by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Attachments: # 1 Exhibit Declaration of Brandon Buskey)(Barrett, Dan) (Entered: 04/30/2020)

1 Exhibit Declaration of Brandon Buskey

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April 30, 2020 PACER

Notice Regarding Hearing Via Zoom

April 30, 2020 PACER
25

ORDER granting 24 Motion to Appear Pro Hac Vice for Brandon Buskey. Certificate of Good Standing due by 6/30/2020. Signed by Clerk on 05/1/2020. (Nuzzi, Tiffany) (Entered: 05/01/2020)

May 1, 2020 PACER

Order on Motion for Admission Pro Hac Vice

May 1, 2020 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

May 1, 2020 PACER
26

MOTION to Dismiss for Lack of Jurisdiction by Rollin Cook, Ned Lamont.Responses due by 5/22/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit CCDLA docket and Decision, # 3 Exhibit Atty. Barrett email, # 4 Exhibit DeVeau Declaration, # 5 Exhibit Stackpole Declaration, # 6 Exhibit Cristiano Declaration, # 7 Exhibit Robert Day docket and Decision, # 8 Exhibit Greer Decision and Order, # 9 Exhibit Grimes docket, # 10 Exhibit Boyd, Murphy, Nunn dockets, # 11 Exhibit State court dockets May 1, 2020, # 12 Exhibit Admin. Dir. 9.6, # 13 Exhibit King Decl. re: Caves, # 14 Exhibit Hambrecht Decl. re: Williams-Void, # 15 Exhibit Bennet Decl. re: John Doe, # 16 Exhibit Cotta, Basley-Motley Decl. re: John Roe, # 17 Exhibit Acus Declaration)(Strom, Steven) (Entered: 05/01/2020)

1 Memorandum in Support

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2 Exhibit CCDLA docket and Decision

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3 Exhibit Atty. Barrett email

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4 Exhibit DeVeau Declaration

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5 Exhibit Stackpole Declaration

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6 Exhibit Cristiano Declaration

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7 Exhibit Robert Day docket and Decision

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8 Exhibit Greer Decision and Order

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9 Exhibit Grimes docket

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10 Exhibit Boyd, Murphy, Nunn dockets

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11 Exhibit State court dockets May 1, 2020

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12 Exhibit Admin. Dir. 9.6

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13 Exhibit King Decl. re: Caves

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14 Exhibit Hambrecht Decl. re: Williams-Void

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15 Exhibit Bennet Decl. re: John Doe

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16 Exhibit Cotta, Basley-Motley Decl. re: John Roe

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17 Exhibit Acus Declaration

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May 1, 2020 PACER
27

NOTICE by Rollin Cook, Ned Lamont re 26 MOTION to Dismiss for Lack of Jurisdiction NOTICE OF CORRECTION TO MEMORANDUM ECF Doc. #26-1 (Strom, Steven) (Entered: 05/02/2020)

May 2, 2020 PACER
28

NOTICE by Rollin Cook, Ned Lamont re 26 MOTION to Dismiss for Lack of Jurisdiction NOTICE OF TABLE OF CONTENTS RE: MOTION TO DISMISS, MEMORANDUM AND SUPPORTING EXHIBITS (Strom, Steven) (Entered: 05/02/2020)

May 2, 2020 PACER
29

NOTICE of Appearance by Friedrich-Wilhelm Wolfgang Sachse on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Sachse, Friedrich-Wilhelm) (Entered: 05/02/2020)

May 2, 2020 PACER
30

MOTION to Appoint Counsel as amicus curiae by Thomas Caves, John Doe, Tre McPherson, Pattikate Williams-Void. (Attachments: # 1 Exhibit Proposed Brief of Amicus Curiae)(Erwin, Daniel) (Entered: 05/02/2020)

1 Exhibit Proposed Brief of Amicus Curiae

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May 2, 2020 PACER
31

NOTICE of Appearance by Jonathan S. Tam on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Tam, Jonathan) (Entered: 05/02/2020)

May 2, 2020 PACER
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NOTICE of Appearance by Jenna Newmark on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Newmark, Jenna) (Entered: 05/02/2020)

May 2, 2020 PACER
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NOTICE of Appearance by Gabrielle Naomi Piper on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Piper, Gabrielle) (Entered: 05/02/2020)

May 2, 2020 PACER
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Memorandum in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Barrett, Dan) (Entered: 05/03/2020)

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15 Exhibit 15

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May 3, 2020 PACER
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NOTICE of Appearance by Brandon Jerel Buskey on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Buskey, Brandon) (Entered: 05/04/2020)

May 4, 2020 PACER
36

Minute Entry for proceedings held before Judge Janet Bond Arterton: Oral argument held on 5/4/2020 re 15 MOTION for Temporary Restraining Order filed by Pattikate Williams-Void, Tre McPherson, John Doe, John Roe, Thomas Caves and 26 MOTION to Dismiss for Lack of Jurisdiction filed by Ned Lamont, Rollin Cook. Both motions were taken under advisement. Total Time: 1 hour and 41 minutes (Court Reporter Melissa Cianciullo) (Barry, Donna) Modified text on 5/5/2020 (Barry, Donna). (Entered: 05/05/2020)

May 4, 2020 RECAP
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ORDER: For the reasons set forth in the attached ruling, Defendants' Motion to Dismiss 26 is DENIED. The Court will proceed to consider Plaintiffs' Motion for Temporary Restraining Order, as to which a separate schedule will be issued. Signed by Judge Janet Bond Arterton on 5/6/20. (Davis, Caroline) (Entered: 05/06/2020)

May 6, 2020 RECAP

Scheduling Order

May 6, 2020 PACER

Calendar Entry

May 6, 2020 PACER

Scheduling Conference

May 6, 2020 PACER

1 - Terminate Trial Management Order Deadlines

May 6, 2020 PACER
38

SCHEDULING ORDER: Telephonic Status Conference set for 5/6/2020 at 5:00 p.m. before Judge Janet Bond Arterton. Parties shall call 1-877-402-9753 and use access code 3535720# to participate in the call. (Gutierrez, A.) (Entered: 05/06/2020)

May 6, 2020 PACER
39

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 5/6/2020 at 05:00 PM before Judge Janet Bond Arterton. Parties shall call 1-877-402-9753 and use the access code 3535720# to participate. (Barry, Donna) (Entered: 05/06/2020)

May 6, 2020 PACER
40

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Scheduling Conference held on 5/6/2020. Scheduling conference was continued until May 7, 2020 at 1:00 p.m. Parties shall call 1-877-402-9753 and use the access code 3535720# to participate. Total Time: 3 minutes (Court Reporter Melissa Cianciullo) (Barry, Donna) (Entered: 05/06/2020)

May 6, 2020 PACER
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ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel or the purpose of expediting scheduling and discovery. Signed by Judge Janet Bond Arterton on 5/7/2020. (Reis, Julia) (Entered: 05/07/2020)

May 7, 2020 RECAP
64

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Scheduling Conference held on 5/7/2020. Total Time: 1 hour (Court Reporter Melissa Cianciullo) (Barry, Donna) (Entered: 05/19/2020)

May 7, 2020 PACER
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NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling/Discovery Conference set for 5/11/2020 at 11:00 AM before Judge William I. Garfinkel.This case has been referred to expedite scheduling and discovery. The parties will call the Chamber's conference line at the appointed time at: (877) 336-1831; Access Code 49-24-598. (Esposito, A.) (Entered: 05/08/2020)

May 8, 2020 PACER

Calendar Entry

May 8, 2020 PACER
43

MOTION for Preliminary Injunction by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void.Responses due by 5/31/2020 (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 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Barrett, Dan) (Entered: 05/10/2020)

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 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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May 10, 2020 RECAP
44

MOTION to Seal unredacted declaration by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Barrett, Dan) (Entered: 05/10/2020)

May 10, 2020 PACER
45

NOTICE of Appearance by Alexander T. Taubes on behalf of Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void (Taubes, Alexander) (Entered: 05/11/2020)

May 11, 2020 PACER

Scheduling Conference

May 11, 2020 PACER

Order

May 11, 2020 PACER
46

Minute Entry for proceedings held before Judge William I. Garfinkel: Telephonic Scheduling/Discovery Conference held on 5/11/2020. Total Time: 1 hours and 15 minutes. An Order memorializing the deadlines set during the conference will enter. (Esposito, A.) (Entered: 05/11/2020)

May 11, 2020 PACER
47

CERTIFICATE OF GOOD STANDING re 24 MOTION for Attorney(s) Brandon Buskey to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5832419) by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Buskey, Brandon) (Entered: 05/11/2020)

May 11, 2020 PACER
48

ORDER. The following interim deadlines were set during a Telephonic Scheduling/Discovery Conference held on May 11, 2020.The parties will engage in a meet and confer to prioritize expedited discovery, including but not limited to, identifying potential expert and fact witnesses and exhibits; stipulate to facts not in dispute; discuss the presentation of evidence by affidavit, video deposition, and/or other methods, to streamline a hearing and minimize live testimony as discussed during the conference call. Any efforts by Plaintiffs to prioritize discovery are without prejudice to requesting further information at a future date. Defendants by cooperating promptly to discovery are not waiving objections. The Court directs the parties to be prepared to conduct a preliminary injunction hearing as early as May 22, 2020. The parties will provide a status report by the close of business on May 13, 2020, propose a schedule for discovery and identify any issues that require further discussion or mediation by the Court. The report may be emailed to the law clerk at: Alyssa_Esposito@ctd.uscourts.gov Defendants will provide copies of Plaintiffs' medical records by the close of business on May 15, 2020.Plaintiffs will serve Requests to Admit by May 12, 2020 at 12:00PM.Defendants' response to Plaintiffs' Requests to Admit is due by the close of business on May 13, 2020.Defendants' response to Plaintiffs' Motion for Preliminary Injunction is due May 18, 2010 by 12:00PM.Plaintiffs' reply is due May 20, 2020 by 12:00PM Signed by Judge William I. Garfinkel on 5/11/20.(Esposito, A.) (Entered: 05/11/2020)

May 11, 2020 PACER
49

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Follow-up Telephonic Status Conference set for 5/14/2020 at 01:00 PM before Judge William I. Garfinkel. The parties will call the Chamber's Conference line at the appointed time: (877) 336-1831; Access Code: 49-24-598. (Esposito, A.) (Entered: 05/13/2020)

May 13, 2020 PACER

Calendar Entry

May 13, 2020 PACER
50

Hearing on 43 Motion for Preliminary Injunction will be held 5/22/2020 at 10:00 a.m. via Zoom. The video link is https://www.zoomgov.com/j/1606900012. Meeting ID: 161 9003 0391. Meeting Password: none. Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Tooker, Aimee) (Entered: 05/14/2020)

May 14, 2020 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

May 14, 2020 PACER

Status Conference

May 14, 2020 PACER

Order

May 14, 2020 PACER
51

Minute Entry for proceedings held before Judge William I. Garfinkel: TelephonicStatus Conference held on 5/14/2020. Total Time: 1 hours and 10 minutes (Esposito, A.) (Entered: 05/14/2020)

May 14, 2020 PACER
52

SCHEDULING ORDER. The Court orders the following interim deadlines which supplement the deadlines entered on May 11, 2020.The parties are commended on their efforts to expedite the exchange of information. The Court encourages the Parties to communicate frequently to exchange information, stipulate to facts not in dispute, and adopt other methods to streamline the presentation of evidence at the hearing.Plaintiffs will provide their list of expert and lay witnesses to Defendants by May 15, 2020 at 10:00AM. As discussed, Plaintiffs are encouraged to do so earlier, if possible. Any extension of this deadline will require a showing of good faith to reach an agreement and necessity.Defendants will provide their list of expert and lay witnesses to Plaintiffs by the close of business on May 15, 2020. As discussed, Defendants are encouraged to do so earlier, if possible. Any extension of this deadline will require a showing of good faith to reach an agreement and necessity.The Parties will exchange exhibit lists by the close of business on May 18, 2020.Plaintiff will file their Proposed Findings of Fact and Conclusions of Law and final Exhibit and Witness Lists on May 20, 2020 at 12:00PM.Defendants will file their Proposed Findings of Fact and Conclusions of Law and final Exhibit and Witness Lists on May 21, 2020 by 12:00PM.The parties will contact the undersigned if any issues arise that may impact these deadlines. Any party seeking to modify these deadlines should immediately email the undersigned for approval. The request may be emailed to the law clerk at: Alyssa_Esposito@ctd.uscourts.gov Counsel for the Defendants indicated during the conference an intention to seek relief of the deadlines entered on May 11 and 14, 2020. The parties are reminded that the deadlines remain in effect unless modified by the District Judge. There is no stay. Signed by Judge William I. Garfinkel on 5/14/20.(Esposito, A.) (Entered: 05/14/2020)

May 14, 2020 PACER
53

MOTION to Continue and Objection to the Court's Scheduling Orders by Rollin Cook, Ned Lamont. (Attachments: # 1 Attachments)(O'Neill, Terrence) (Entered: 05/15/2020)

1 Attachments

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May 15, 2020 PACER

Order

May 15, 2020 PACER

Scheduling Order

May 15, 2020 PACER
54

SCHEDULING ORDER. The Scheduling Order dated May 14, 2020, is modified to the extent that Defendants will provide their list of expert and lay witnesses by the close of business on May 18, 2020. Signed by Judge William I. Garfinkel on 5/15/20.(Esposito, A.) (Entered: 05/15/2020)

May 15, 2020 PACER
55

SCHEDULING ORDER: Telephonic Status Conference set for 5/19/2020 3:30 PM before Judge Janet Bond Arterton. Parties shall call 1-877-402-9753 and use the access code 3535720# to participate. Signed by Judge Janet Bond Arterton on 5/15/20. (Gutierrez, A.) (Entered: 05/15/2020)

May 15, 2020 PACER
56

ORDER denying 53 Motion to Continue. Signed by Judge Janet Bond Arterton on 5/16/20. (Gutierrez, A.) (Entered: 05/16/2020)

May 16, 2020 PACER
57

MOTION to Preclude Testimony of Expert Witness Robert L. Murphy by Rollin Cook, Ned Lamont.Responses due by 6/7/2020 (Attachments: # 1 Memorandum in Support)(O'Neill, Terrence) (Entered: 05/17/2020)

1 Memorandum in Support

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May 17, 2020 PACER
58

Memorandum in Opposition re 57 MOTION to Preclude Testimony of Expert Witness Robert L. Murphy filed by Thomas Caves, John Doe, Tre McPherson, John Roe, Pattikate Williams-Void. (Barrett, Dan) (Entered: 05/18/2020)

May 18, 2020 PACER

Order on Motion to Preclude

May 18, 2020 PACER

Motions Referred

May 18, 2020 PACER
59

OBJECTION re 43 MOTION for Preliminary Injunction filed by Rollin Cook, Ned Lamont. (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 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Belforti, James) (Entered: 05/18/2020)

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 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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May 18, 2020 PACER
60

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for ruling on 57 MOTION in Limine to Preclude Undisclosed Expert Testimony of Robert L. Murphy. Signed by Judge Janet Bond Arterton on 5/18/2020. (Gutierrez, A.) (Entered: 05/18/2020)

May 18, 2020 PACER
61

ORDER denying 57 Respondents' Motion in Limine to Preclude Undisclosed Expert Testimony of Dr. Robert Murphy.Plaintiffs were ordered to provide a list of expert and lay witnesses by the close of business on May 15, 2020. 52 . On May 15, 2020, Plaintiffs informed Defendants' counsel that they intended to call Dr. Robert L. Murphy as one of their expert witnesses and that the doctor's qualifications, declaration and disclosure would be forthcoming. On Sunday, May 17, Dr. Murphy's declaration was forwarded to defendants. Plaintiffs state that they transmitted the declaration as soon as they had it. Plaintiffs need to substitute a different infectious disease doctor, rather than use a doctor who previously provided a declaration, was driven by exigencies of the current pandemic and the pressing responsibilities of prominent, busy, clinicians. Further, Plaintiffs represent that Dr. Murphy's testimony closely tracks that previously provided by Dr. Golub, as well as that of Plaintiffs' other medical declarants. While the Court understands the demands on Defendants and their counsel, they are not unduly prejudiced. Counsel knew as of last week that Plaintiffs might provide a substitute expert due to the tight scheduling requirements, and that the substitute witness's qualifications and testimony would be consistent with prior declarations filed in support of a TRO and/or preliminary injunction. Nor, are Defendants prejudiced by a lack of an expert report prior to a deposition. As set forth during the conferences on May 11 and 14, the parties are engaging in expedited discovery and there is insufficient time for perfect Rule 26 disclosures. See McPherson v. Lamont, Civ. No. 3:20-cv-00534 (JBA), ECF No. 56, at *1 (D. Conn. May 16, 2020) (quoting In re World Trade Ctr. Disaster Site Litig., 722 F.3d 483, 487 (2d Cir. 2013) (It is well established that district courts possess the inherent power and responsibility to manage their dockets 'so as to achieve the orderly and expeditious disposition of cases.'). Defendants will have an opportunity to depose Dr. Murphy and inquire into his credentials, experience and basis for his opinion. On this record, the Court finds no surprise or prejudice to Defendants in the substitution of Dr. Murphy as an expert witness. See, id., at *2 (finding exigent circumstances exist warranting an expedited schedule and noting that Defendants have had notice of Plaintiffs' claims since the case was filed on April 20, 2020, and to review the evidence filed in support of a TRO and Preliminary Injunction since April 27, 2020).The Court remains available to address issues as they arise on an expedited schedule. While the parties have a right to be heard on their objections and to develop a record, there is limited time remaining to prepare for a preliminary injunction hearing on May 22, 2020. The parties are strongly encouraged to contact the Court rather than engage in motion practice and delay a ruling. Signed by Judge William I. Garfinkel on 5/18/20. (Esposito, A.) (Entered: 05/18/2020)

May 18, 2020 PACER
62

NOTICE by Rollin Cook, Ned Lamont NOTICE OF SERVICE OF RESPONDENTS FIRST SET OF REQUESTS FOR ADMISSIONS (Strom, Steven) (Entered: 05/19/2020)

May 19, 2020 RECAP

Order on Motion to Seal

May 19, 2020 PACER

Status Conference

May 19, 2020 PACER

Scheduling Conference

May 19, 2020 PACER
63

ORDER: In keeping with its 22 April 29, 2020 order granting Plaintiffs' Motion to Proceed in Fictitious Name and Motion to Seal and without objection from Defendants, the Court grants 44 Plaintiffs' Motion to file the unredacted declaration of Mr. Roe's spouse under seal. Signed by Judge Janet Bond Arterton on 5/19/2020. (Gutierrez, A.) (Entered: 05/19/2020)

May 19, 2020 PACER
65

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Status Conference held on 5/19/2020. Total Time: 22 minutes (Court Reporter Melissa Cianciullo) (Barry, Donna) (Entered: 05/19/2020)

May 19, 2020 PACER

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 20, 2020

Closing Date: Dec. 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five inmates at the Connecticut Department of Correction, on behalf of a class of all individuals within the department and subclasses of medically vulnerable individuals, seeking mitigation efforts and release from detention due to the risks to their health in light of the virus.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of Connecticut, State

Connecticut Department of Correction Commissioner, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 55,000

Order Duration: 2020 - 2020

Content of Injunction:

Monitoring

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Denied

Release-process created/modified

Release Requested

Sanitizer/Handsoap ordered made available/used

Wellness/temperature checks ordered

Type of Facility:

Government-run