Case: Wragg v. Ortiz

1:20-cv-05496 | U.S. District Court for the District of New Jersey

Filed Date: May 4, 2020

Closed Date: June 10, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class action was brought on behalf of all people confined at Federal Correctional Institution Fort Dix in New Jersey who are vulnerable to COVID-19 because of their age or underlying health conditions. Petitioners sought temporary enlargement of custody for all class members, or if temporary enlargement is insufficient, the immediate release of all class members. The court denied the motion for preliminary injunction and dismissed the case on May 27, 2020. On June 10, the…

COVID-19 Summary: This class action was brought on behalf of all people confined at Federal Correctional Institution Fort Dix in New Jersey who are vulnerable to COVID-19 because of their age or underlying health conditions. Petitioners sought temporary enlargement of custody for all class members, or if temporary enlargement is insufficient, the immediate release of all class members. The court denied the motion for preliminary injunction and dismissed the case on May 27, 2020. On June 10, the district court denied reconsideration of the order; the case appears to be closed now.


On May 4, 2020, the petitioners filed a class action lawsuit and petition for writs of habeas corpus in U.S. District Court for the District of New Jersey. Represented by the American Civil Liberties Union of New Jersey and private counsel, the petitioners sued the Federal Bureau of Prisons and the warden at the Federal Correctional Institution ("FCI") at Fort Dix, under the federal habeas statute 28 U.S.C. § 2241, claiming that their custody violated the Eighth Amendment to the U.S. Constitution. Petitioners also filed suit under 28 U.S.C. § 1331, claiming that they were subject to unconstitutional conditions of confinement in violation of the Section 504 Rehabilitation Act, 29 U.S.C. § 794, which requires Fort Dix to reasonably accommodate people with disabilities. The case was assigned to Judge Renee Marie Bumb.

The petitioners alleged that the almost 3,000 people held at FCI-Fort Dix resided in units of up to 300 people, and that the warden had warned that “social distancing [was] not possible in this environment.” As of May 1, 2020, the BOP had reported 40 positive prisoner cases at Fort Dix, although petitioners estimated that the number of actual cases was significantly higher. The four named petitioners were all medically vulnerable due to underlying health conditions.

The petitioners sought to represent a class consisting of all current and future people in post-conviction custody at FCI-Fort Dix who are over the age of 50 or who experience medical conditions that make them uniquely vulnerable to COVID-19, including (a) lung disease, including asthma, chronic obstructive pulmonary disease (e.g. bronchitis or emphysema), or other chronic conditions associated with impaired lung function; (b) heart disease, such as congenital heart disease, congestive heart failure and coronary artery disease, or other chronic conditions associated with impaired heart function; (c) chronic liver or kidney disease (including hepatitis and dialysis patients); (d) diabetes or other endocrine disorders; (e) neurological and neurologic and neurodevelopment conditions, including disorders of the brain, spinal cord, peripheral nerve, and muscle such as cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability, moderate to severe developmental delay, muscular dystrophy, or spinal cord injury; (f) hypertension; (g) compromised immune systems (such as from cancer, HIV, receipt of an organ or bone marrow transplant, as a side effect of medication, or other autoimmune disease); (h) blood disorders (including sickle cell disease); (i) inherited metabolic disorders; (j) history of stroke; (k) a developmental disability; (l) a current or recent (last two weeks) pregnancy; or (m) severe obesity. Petitioners also sought to represent a subclass consisting of all current and future people in post-conviction custody at Fort Dix who have qualifying disabilities within the meaning of the Rehabilitation Act.

Petitioners sought declaratory and injunctive relief. Specifically, petitioners requested temporary enlargement of custody (e.g., home confinement) or bail pending habeas corpus during the pendency of the petition for a writ of habeas corpus; if temporary enlargement did not bring the conditions at Fort Dix into compliance with the Eighth Amendment and the Rehabilitation Act, petitioners sought immediate release for class members.

The petitioners cited to Wilson v. Williams as an exemplar case in which the U.S. District Court for the Northern District of Ohio ordered enlargement of custody for medically vulnerable prisoners at FCI Elkton pending resolution of a class habeas petition on the merits, because of the outbreak already raging at the facility.

On May 6, 2020, petitioners filed an emergency motion for a preliminary injunction ordering temporary enlargement of custody (or bail pending habeas corpus) of petitioners and class members during the pendency of the petition for writs of habeas corpus. On May 18, 2020, respondents filed a motion to dismiss for lack of jurisdiction and for failure to state a claim, as well as an opposition to petitioners' motion for a preliminary injunction.

On May 27, the court denied the motion for preliminary injunction and granted the motion to dismiss, dismissing the case without prejudice. 2020 WL 2745247.

The plaintiffs subsequently requested reconsideration on June 2, which the court denied on June 10. 2020 WL 3074026The court noted that they "afforded Petitioners an opportunity to put forward more facts to back up their conclusory, and to a degree contradictory, accusations, but they have not done so." They agreed with the defendant that the plaintiffs were attempting a "discovery fishing expedition."

The case appears to be closed with no further relevant docket entries.

Summary Authors

Elena Malik (6/1/2020)

Averyn Lee (6/12/2020)

Justin Hill (10/26/2020)

Tessa McEvoy (2/18/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17124788/parties/wragg-v-ortiz/


Judge(s)

Bumb, Renee Marie (New Jersey)

Attorneys(s) for Plaintiff

Basiak, John Francis (New Jersey)

Borden, Tess Meiling (New Jersey)

Davy, James (Pennsylvania)

Ghosh, Shomik (New York)

Halligan, Caitlin J. (New York)

Hu, Kevin (New York)

LoCicero, Jeanne (New Jersey)

Margolin, Joshua S (New York)

Pascal, Elizabeth Ann (New Jersey)

Judge(s)

Bumb, Renee Marie (New Jersey)

Attorneys(s) for Plaintiff

Basiak, John Francis (New Jersey)

Borden, Tess Meiling (New Jersey)

Davy, James (Pennsylvania)

Ghosh, Shomik (New York)

Halligan, Caitlin J. (New York)

Hu, Kevin (New York)

LoCicero, Jeanne (New Jersey)

Margolin, Joshua S (New York)

Pascal, Elizabeth Ann (New Jersey)

Ruymann, John Andrew (District of Columbia)

Shine, Oscar (New York)

Stiegler, Matthew (Pennsylvania)

Stinson, John T. (New Jersey)

Attorneys(s) for Defendant

Conye, Mark E. (New Jersey)

Gay, Faith (New York)

Other Attorney(s)

Carpenito, Craig (New Jersey)

Expert/Monitor/Master

Goldenson, Joe (California)

Russo, Ronald (New York)

Spencer, Amy (New Hampshire)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 3, 2020 Docket
1 (& 1-1 to 1-8)

Complaint—Class Action for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus

May 4, 2020 Complaint
9 (& 9-1 to 9-3)

Notice of Motion and Motion for Preliminary Injunction

May 6, 2020 Pleading / Motion / Brief
28-4 to 28-9

Notice of Motion to Dismiss (Part 2/2)

May 18, 2020 Pleading / Motion / Brief
28, 28-1 to 28-3

Notice of Motion to Dismiss (Part 1/2)

May 18, 2020 Pleading / Motion / Brief
30 (& 30-1 to 30-7)

Memorandum of Law in Further Support of Petitioners' Motion for a Preliminary Injunction and in Opposition to Respondents' Motion to Dismiss

May 20, 2020 Pleading / Motion / Brief
33, 33-1, 33-2, 33-3

Respondents' Reply Brief in Support of Their Motions to Dismiss

May 21, 2020 Pleading / Motion / Brief
40

Opinion

462 F.Supp.3d 476, 2020 WL 2745247

May 27, 2020 Order/Opinion
49 (incl. 49-1 to 49-3)

[Letter Requesting Reconsideration]

June 2, 2020 Pleading / Motion / Brief
55

Opinion

2020 WL 3074026

June 10, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17124788/wragg-v-ortiz/

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

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus COVID-19 and Class Action Complaint for Declaratory and Injunctive Relief ( Filing fee $ 5 receipt number ANJDC-10767184.), filed by Troy Wragg, Eliezer Soto-Concepcion, Leonard Bogdan, Michael Scronic. (Attachments: # 1 Declaration of Joe Goldenson, M.D., # 2 Declaration of Nina Fefferman, Ph.D., # 3 Declaration of Judith Resnik, J.D., # 4 Declaration of Troy Wragg, # 5 Declaration of Michael Scronic, # 6 Declaration of Leonard Bogdan, # 7 Declaration of Eliezer Soto-Concepcion, # 8 Civil Cover Sheet)(BORDEN, TESS) (Entered: 05/04/2020)

1 Declaration of Joe Goldenson, M.D.

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2 Declaration of Nina Fefferman, Ph.D.

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3 Declaration of Judith Resnik, J.D.

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4 Declaration of Troy Wragg

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5 Declaration of Michael Scronic

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6 Declaration of Leonard Bogdan

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7 Declaration of Eliezer Soto-Concepcion

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8 Civil Cover Sheet

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May 4, 2020 RECAP

Add and Terminate Judges

May 4, 2020 PACER
2

NOTICE of Appearance by JEANNE LOCICERO on behalf of Leonard Bogdan, Michael Scronic, Eliezer Soto-Concepcion, Troy Wragg (LOCICERO, JEANNE) (Entered: 05/04/2020)

May 4, 2020 PACER

QC - Attorney Case Opening

May 4, 2020 PACER

Judge Renee Marie Bumb added. (dd, )

May 4, 2020 PACER

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Party Information is to be entered in CAPITAL LETTERS. . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (cry, )

May 4, 2020 PACER
3

DECLARATION of Tess Borden re 1 Petition for Writ of Habeas Corpus,, by LEONARD BOGDAN, MICHAEL SCRONIC, ELIEZER SOTO-CONCEPCION, TROY WRAGG. (Attachments: # 1 Exhibit 1 through Exhibit 30, # 2 Exhibit 31 through Exhibit 58)(BORDEN, TESS) (Entered: 05/04/2020)

1 Exhibit 1 through Exhibit 30

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2 Exhibit 31 through Exhibit 58

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May 4, 2020 PACER
4

ORDER that within 15 days of the date of entry of this order, Respondent shall file and serve an answer which responds to the allegations and grounds in the petition, etc. Signed by Judge Renee Marie Bumb on 5/5/2020. (rtm, )(nm) (Entered: 05/06/2020)

May 6, 2020 PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 6, 2020 PACER
5

NOTICE of Appearance by John T. Stinson, Jr on behalf of MICHAEL CARVAJAL, DAVID E. ORTIZ (Stinson, John) (Entered: 05/06/2020)

May 6, 2020 PACER
6

NOTICE of Appearance by ELIZABETH ANN PASCAL on behalf of MICHAEL CARVAJAL, DAVID E. ORTIZ (PASCAL, ELIZABETH) (Entered: 05/06/2020)

May 6, 2020 PACER
7

NOTICE of Appearance by JOHN FRANCIS BASIAK on behalf of MICHAEL CARVAJAL, DAVID E. ORTIZ (BASIAK, JOHN) (Entered: 05/06/2020)

May 6, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice by LEONARD BOGDAN, MICHAEL SCRONIC, ELIEZER SOTO-CONCEPCION, TROY WRAGG. (Attachments: # 1 Certification of Tess Borden, # 2 Certification of James P. Davy, # 3 Certification of Matthew Stiegler, # 4 Certification of Caitlin J. Halligan, # 5 Certification of Faith E. Gay, # 6 Certification of Joshua S. Margolin, # 7 Certification of Oscar Shine, # 8 Certification of Kevin C. Hu, # 9 Certification of Shomik Ghosh, # 10 Text of Proposed Order)(BORDEN, TESS) (Entered: 05/06/2020)

1 Certification of Tess Borden

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2 Certification of James P. Davy

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3 Certification of Matthew Stiegler

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4 Certification of Caitlin J. Halligan

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5 Certification of Faith E. Gay

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6 Certification of Joshua S. Margolin

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7 Certification of Oscar Shine

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8 Certification of Kevin C. Hu

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9 Certification of Shomik Ghosh

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10 Text of Proposed Order

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May 6, 2020 PACER
9

Emergency MOTION for Preliminary Injunction by LEONARD BOGDAN, MICHAEL SCRONIC, ELIEZER SOTO-CONCEPCION, TROY WRAGG. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Declaration of Tess Borden, # 3 Text of Proposed Order)(BORDEN, TESS) (Entered: 05/06/2020)

1 Brief in Support of Motion for Preliminary Injunction

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2 Declaration of Tess Borden

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3 Text of Proposed Order

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May 6, 2020 RECAP

Set Deadlines as to 9 Emergency MOTION for Preliminary Injunction . Motion set for 6/1/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rtm, )

May 6, 2020 PACER
10

TEXT ORDER. The Court will conduct a Zoom video conference in this matter on May 12, 2020 at 10:00 a.m. Two attorneys for the Plaintiffs and two attorneys for the Defendants may appear by video, all others by audio only without appearances. Kindly mark your calendars. So Ordered by Judge Renee Marie Bumb on 05/072020. (Bumb, Renee) (Entered: 05/07/2020)

May 7, 2020 PACER

Order

May 7, 2020 PACER
11

TEXT ORDER: It is hereby ORDERED this Court schedules an off the record conference call with counsel in the case on May 8, 2020 at 3:00 p.m. The call in and access numbers to use for the call are as follows: 1-888-684-8852, access code 3436790#. So Ordered by Magistrate Judge Joel Schneider on 5/7/20. (Shaw, A) (Entered: 05/07/2020)

May 7, 2020 PACER
12

TEXT ORDER. The time of the conference call is rescheduled to 11:00 a.m., same day. Kindly mark your calendars. So Ordered by Judge Renee Marie Bumb on 05/08/20. (Bumb, Renee) (Entered: 05/08/2020)

May 8, 2020 PACER

Order

May 8, 2020 PACER

Status Conference

May 8, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 5/8/2020. (se, )

May 8, 2020 PACER
13

Letter from Jeanne LoCicero requesting expedited briefing re 9 Emergency MOTION for Preliminary Injunction . (LOCICERO, JEANNE) (Entered: 05/10/2020)

May 10, 2020 PACER
14

Letter from respondents' counsel proposing a schedule. (RUYMANN, JOHN) (Entered: 05/11/2020)

May 11, 2020 PACER

Status Conference

May 11, 2020 PACER
15

ORDER admitting James P. Davy, Esq., Matthew Stiegler, Esq,Caitlin J. Halligan, Esq.; Faith E. Gay, Esq.; Joshua S. Margolin, Esq; Oscar Shine, Esq.; Kevin C. Hu, Esq.; and Shomik Ghosh, Esq, as pro hac vice counsel. Signed by Judge Renee Marie Bumb on 5/11/2020. (rtm, ) (Entered: 05/11/2020)

May 11, 2020 PACER
16

NOTICE of Appearance by MARK E. COYNE on behalf of All Defendants (COYNE, MARK) (Entered: 05/11/2020)

May 11, 2020 PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 12, 2020 PACER

Set Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice . Motion set for 6/1/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rtm, )

May 12, 2020 PACER
17

Minute Entry for proceedings held before Judge Renee Marie Bumb: Status Conference held via video conference on 5/12/2020. Ordered briefing schedule as follows; Respondents brief due by 5/18/20 at 5:00p.m., any reply by Petitioners due by on 5/20/20 at 5:00p.m. and any reply by respondents due on 5/21/20 at 5:00 p.m. Ordered hearing on Motion for Preliminary Injunction set for 5/22/20 at 10:00 a.m. (Court Reporter Ted Formaroli) (ar1, ) (Entered: 05/12/2020)

May 12, 2020 PACER
18

Transcript of Proceedings held on 5/12/2020, before Judge RENEE MARIE BUMB & Judge JOEL SCHNEIDER. Court Reporter/Transcriber Ted Formaroli (609-575-3864). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 6/3/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/11/2020. (tf, ) (Entered: 05/13/2020)

May 13, 2020 PACER

Order

May 13, 2020 PACER
19

TEXT ORDER The time of the hearing set for Friday 5/22/20 is rescheduled to 1:00 p.m., same day. Kindly mark your calendars. So Ordered by Judge Renee Marie Bumb on 05/13/2020. (Costigan, Roberta) (Entered: 05/13/2020)

May 13, 2020 PACER
20

Notice of Request by Pro Hac Vice Faith E. Gay to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812691.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
21

Notice of Request by Pro Hac Vice Shomik Ghosh to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812742.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
22

Notice of Request by Pro Hac Vice Caitlin J. Halligan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812776.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
23

Notice of Request by Pro Hac Vice Kevin C. Hu to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812796.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
24

Notice of Request by Pro Hac Vice Joshua S. Margolin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812824.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
25

Notice of Request by Pro Hac Vice Oscar Shine to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10812843.) (BORDEN, TESS) (Entered: 05/14/2020)

May 14, 2020 PACER
26

Notice of Request by Pro Hac Vice James P. Davy to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10817300.) (BORDEN, TESS) (Entered: 05/15/2020)

May 15, 2020 PACER
27

Notice of Request by Pro Hac Vice Matthew Stiegler to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10817333.) (BORDEN, TESS) (Entered: 05/15/2020)

May 15, 2020 PACER
28

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and Opposition to Petitioners' Motion for a Preliminary Injunction by MICHAEL CARVAJAL, DAVID E. ORTIZ. Responses due by 5/20/2020 (Attachments: # 1 Brief in Support of Motion to Dismiss and in Opposition to Petitioners' Motion for a Preliminary Injunction, # 2 Declaration of James Reiser, # 3 Declaration of Christina Clark, # 4 Declaration of Adam Sassaman, # 5 Declaration of Mark Coyne, # 6 Declaration Nicoletta Turner-Foster, # 7 Text of Proposed Order, # 8 Letter re: Brief Length, # 9 Certificate of Service)(BASIAK, JOHN) (Entered: 05/18/2020)

1 Brief in Support of Motion to Dismiss and in Opposition to Petitioners' Mot

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2 Declaration of James Reiser

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3 Declaration of Christina Clark

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4 Declaration of Adam Sassaman

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5 Declaration of Mark Coyne

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6 Declaration Nicoletta Turner-Foster

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7 Text of Proposed Order

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8 Letter re: Brief Length

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9 Certificate of Service

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May 18, 2020 PACER
29

Letter from the government's counsel requesting that the Court accept the government's late filing. (RUYMANN, JOHN) (Entered: 05/18/2020)

May 18, 2020 PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 20, 2020 PACER

Set Deadlines as to 28 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and Opposition to Petitioners' Motion for a Preliminary Injunction. Motion set for 6/15/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rtm, )

May 20, 2020 PACER

Notice of Pro Hac Vice counsel added

May 20, 2020 PACER

Pro Hac Vice counsel, FAITH E. GRAY, SHOMIK GHOSH, CAITLIN J. HALLIGAN, KEVIN C HU, JOSHUA S MARGOLIN, OSCAR SHINE, JAMES P. DAVY and MATTHEW STIEGLER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (rtm, )

May 20, 2020 PACER
30

MEMORANDUM in Opposition filed by LEONARD BOGDAN, MICHAEL SCRONIC, ELIEZER SOTO-CONCEPCION, TROY WRAGG re 28 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and Opposition to Petitioners' Motion for a Preliminary Injunction (Attachments: # 1 Declaration of Joe Goldenson, M.D., # 2 Declaration of Rodolfo Quiambao, # 3 Declaration of Ezra McCombs, # 4 Declaration of Tommie Telfair, # 5 Declaration of Raymond Valas, # 6 Declaration of Michael Scronic, # 7 Letter re: Brief Length)(BORDEN, TESS) (Entered: 05/20/2020)

1 Declaration of Joe Goldenson, M.D.

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2 Declaration of Rodolfo Quiambao

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3 Declaration of Ezra McCombs

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4 Declaration of Tommie Telfair

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5 Declaration of Raymond Valas

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6 Declaration of Michael Scronic

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7 Letter re: Brief Length

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May 20, 2020 PACER
31

Letter from Petitioners' counsel requesting that the Court accept Petitioners' late filing. (BORDEN, TESS) (Entered: 05/20/2020)

May 20, 2020 PACER
32

TEXT ORDER The Court having received the parties' briefs on Respondent's motion to dismiss and Petitioner's motion for preliminary injunctive relief and awaiting Respondent's reply, finds that oral argument is unnecessary and hereby Orders that the hearing scheduled for May 22 at 1:00 p.m. is cancelled. The Court will decide the motions on the briefs without oral argument pursuant to Federal Rule of Civil Procedure 78(b). Respondent, in its reply brief, shall address whether Phase Six of the of the BOP's Action Plan has been extended beyond May 18, 2020, and if so, until when.. So Ordered by Judge Renee Marie Bumb on 05/21/2020. (Costigan, Roberta) (Entered: 05/21/2020)

May 21, 2020 PACER
33

REPLY BRIEF to Opposition to Motion filed by MICHAEL CARVAJAL, DAVID E. ORTIZ re 28 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim and Opposition to Petitioners' Motion for a Preliminary Injunction (Attachments: # 1 Declaration (Redacted) May 21, 2020 Nicoletta Turner-Foster, M.D., # 2 Certificate of Service)(BASIAK, JOHN) (Entered: 05/21/2020)

1 Declaration (Redacted) May 21, 2020 Nicoletta Turner-Foster, M.D.

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2 Certificate of Service

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May 21, 2020 PACER
34

Exhibit to 33 Reply Brief to Opposition to Motion, Un-redacted May 21, 2020 Declaration of Nicoletta Turner-Foster, M.D. by MICHAEL CARVAJAL, DAVID E. ORTIZ. (BASIAK, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 05/21/2020)

May 21, 2020 PACER
35

Letter from governments' counsel requesting that the Court accept the government's late-filed brief. (RUYMANN, JOHN) (Entered: 05/21/2020)

May 21, 2020 PACER
36

MOTION to Seal the Declaration of Nicoletta Turner Foster, M.D. by MICHAEL CARVAJAL, DAVID E. ORTIZ. (Attachments: # 1 Declaration of Elizabeth Pascal, # 2 Text of Proposed Order, # 3 Certificate of Service)(PASCAL, ELIZABETH) (Entered: 05/21/2020)

1 Declaration of Elizabeth Pascal

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2 Text of Proposed Order

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3 Certificate of Service

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May 21, 2020 PACER

Order

May 21, 2020 PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 22, 2020 PACER

Set Deadlines as to 36 MOTION to Seal the Declaration of Nicoletta Turner Foster, M.D.. Motion set for 6/15/2020 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rtm, )

May 22, 2020 PACER
37

Letter from Elizabeth Pascal re: Protective Consent Order. (Attachments: # 1 Text of Proposed Order - Protective Consent Order)(PASCAL, ELIZABETH) (Entered: 05/22/2020)

1 Text of Proposed Order - Protective Consent Order

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May 22, 2020 PACER
38

PROTECTIVE CONSENT ORDER. Signed by Magistrate Judge Joel Schneider on 5/22/2020. (rtm, ) (Entered: 05/26/2020)

May 26, 2020 RECAP
39

Letter from Robert Hastings requesting to join case. (rtm, )(nm) (Entered: 05/26/2020)

May 26, 2020 PACER
40

OPINION. Signed by Judge Renee Marie Bumb on 5/27/20. (dd, ) (Main Document 40 replaced on 5/27/2020) (dd). (Entered: 05/27/2020)

May 27, 2020 RECAP
41

ORDER denying 9 Motion for Preliminary Injunction; granting 28 Motion to Dismiss for Lack of Jurisdiction; Directing Writ of HabeasCorpus COVID-19 and Class Action Complaint for Declaratory andInjunctive Relief be DISMISSED WITHOUT PREJUDICE.***CIVIL CASE TERMINATED. Signed by Judge Renee Marie Bumb on 5/27/20. (dd, ) (Entered: 05/27/2020)

May 27, 2020 PACER
42

Letter from Sonny Desposito 5/26/2020 requesting to be added by name to the class action lawsuit. (rtm, )(nm) (Entered: 05/27/2020)

May 27, 2020 PACER
43

ORDER Directing the Clerk to mail Mr. Hastings a copy of the docket sheet in this case. Signed by Judge Renee Marie Bumb on 5/28/2020. (rtm, )(nm) (Entered: 05/29/2020)

May 29, 2020 PACER
44

ORDER Directing the Clerk to mail a copy of the docket sheet for this case to Mr. Desposito. Signed by Judge Renee Marie Bumb on 5/28/2020. (rtm, )(nm) (Entered: 05/29/2020)

May 29, 2020 PACER
45

TEXT ORDER The parties shall advise the Court whether the Order denying preliminary relief and dismissing the Complaint should be amended as the Court denied preliminary relief only. The parties may wish to submit a proposed order. So Ordered by Judge Renee Marie Bumb on 05/31/2020. (Costigan, Roberta) (Entered: 05/31/2020)

May 31, 2020 PACER

Order

May 31, 2020 PACER
46

SUPPLEMENTAL TEXT ORDER: In reference to this Court's Text Order of May 31, 2020 (Dkt. No. 45), the parties shall address footnote 26 in this Court's Opinion (Dkt. No. 40) dated May 29, 2020.. So Ordered by Judge Renee Marie Bumb on 06/01/2020. (Costigan, Roberta) (Entered: 06/01/2020)

June 1, 2020 PACER
47

AMENDED SUPPLEMENTAL TEXT ORDER: In reference to this Court's Text Order of May 31, 2020, (Dkt. No. 45), the parties shall address footnote 26 in this Court's Opinion (Dkt. No. 40) dated May 27, 2020. So Ordered by Judge Renee Marie Bumb on 06/01/2020. (Costigan, Roberta) (Entered: 06/01/2020)

June 1, 2020 PACER
48

Letter from government's counsel responding to Court's text orders. (RUYMANN, JOHN) (Entered: 06/01/2020)

June 1, 2020 PACER

Order

June 1, 2020 PACER
49

Letter from Petitioners' Counsel Pursuant to Text Orders 45-47 and Letter Motion for Reconsideration. (Attachments: # 1 Exhibit A: Wilson Stay Application, # 2 Exhibit B: Wilson Stay Denial, # 3 Exhibit C: Text of Proposed Order)(BORDEN, TESS) (Entered: 06/02/2020)

1 Exhibit A: Wilson Stay Application

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2 Exhibit B: Wilson Stay Denial

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3 Exhibit C: Text of Proposed Order

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June 2, 2020 PACER
50

Letter from Elizabeth Pascal re: Response to Petitioners' Motion re 49 Letter,. (PASCAL, ELIZABETH) (Entered: 06/03/2020)

June 3, 2020 PACER
51

Letter from Petitioners' Counsel re. Supplemental Authority. (Attachments: # 1 Exhibit A: Wilson Stay Order)(BORDEN, TESS) (Entered: 06/05/2020)

1 Exhibit A: Wilson Stay Order

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June 5, 2020 PACER
52

RESPONSE re 49 Letter,. (Attachments: # 1 Certificate of Service)(BASIAK, JOHN) (Entered: 06/05/2020)

1 Certificate of Service

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June 5, 2020 PACER
53

REPLY to Response re 52 Response (NOT Motion). (BORDEN, TESS) (Entered: 06/08/2020)

June 8, 2020 PACER
54

Letter from Petitioners' Counsel re. Supplemental Authority. (Attachments: # 1 Wilson Opinion)(BORDEN, TESS) (Entered: 06/09/2020)

1 Wilson Opinion

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June 9, 2020 RECAP
55

OPINION. Signed by Judge Renee Marie Bumb on 6/9/2020. (rtm, ) (Entered: 06/10/2020)

June 10, 2020 RECAP
56

ORDER Denying Petitioner's request to vacate this Court's order of 5/27/2020. Signed by Judge Renee Marie Bumb on 6/9/2020. (rtm, ) (Entered: 06/10/2020)

June 10, 2020 PACER
57

ORDER granting 36 Motion to Seal. Signed by Judge Renee Marie Bumb on 12/3/2020. (rtm, ) (Entered: 12/03/2020)

Dec. 3, 2020 PACER

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 4, 2020

Closing Date: June 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future people in post-conviction custody at FCI Fort Dix who are over the age of 50 or who experience medicalconditions that make them uniquely vulnerable to COVID-19

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden at Fort Dix, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run