Case: Abrams v. Chapman

2:20-cv-11053 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 29, 2020

Closed Date: Oct. 20, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action brought on behalf of all prisoners of the Michigan Department of Corrections (MDOC), seeking preliminary and permanent injunctive relief that would require MDOC to adhere to CDC COVID-19 guidelines. However, after the Sixth Circuit vacated a similar injunction in another case, the plaintiffs agreed to dismiss this case.On April 29, 2020, prisoners of the Michigan Department of Corrections (MDOC) brought this suit in the U.S. District Court for the Easter…

COVID-19 Summary: This is a class action brought on behalf of all prisoners of the Michigan Department of Corrections (MDOC), seeking preliminary and permanent injunctive relief that would require MDOC to adhere to CDC COVID-19 guidelines. However, after the Sixth Circuit vacated a similar injunction in another case, the plaintiffs agreed to dismiss this case.


On April 29, 2020, prisoners of the Michigan Department of Corrections (MDOC) brought this suit in the U.S. District Court for the Eastern District of Michigan. Represented by the Michigan State Law School Civil Rights Clinic and private counsel, the plaintiffs sued MDOC and the wardens of several MDOC facilities. Suing under 42 U.S.C. § 1983, the plaintiffs alleged violations of their Eighth Amendment rights. Specifically, they claimed that MDOC's inadequate response to the COVID-19 pandemic constituted cruel and unusual punishment. The case was assigned to Judge Mark A. Goldsmith and Magistrate Judge R. Steven Whalen.

The next day, the plaintiffs filed a motion for a temporary restraining order requiring the defendants to take additional precautions against COVID-19, including: social distancing, personal protective equipment, soap and sanitizer, quarantine and isolation for those with symptoms, adequate health care, and testing. The plaintiffs also filed a motion to certify a class that would include "all inmates who currently are, or who in the future will be, incarcerated in the MDOC's custody, at its different prisons, and who are subjected to MDOC's policies and practices regarding COVID-19." This class represented over 37,000 individuals.

On May 4, the plaintiffs moved for a permanent injunction as well as a temporary restraining order, seeking the same relief as they did in the initial motion. The defendants filed a response on May 12.

After the Sixth Circuit's decision in Wilson v. Williams, found here in the Clearinghouse, the parties entered into an agreement. In Williams, the Court of Appeals held that federal prison officials had taken reasonable steps to mitigate the risk of COVID-19 and, therefore, the Eighth Amendment rights of the prisoners in that case had not been violated. In light of this decision, the plaintiffs here agreed to withdraw their motion for a temporary restraining order and motion to certify the class, and the case was stayed pending any outcome of an appeal in Wilson. The plaintiffs also agreed to dismiss the case if the Wilson decision was not appealed, reversed, or modified.

The Wilson decision stood. So, on October 20, 2020, the court entered a stipulated order dismissing this case, which is now closed.

Summary Authors

Caitlin Kierum (7/20/2020)

Timothy Leake (10/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17112642/parties/abrams-v-glass/


Judge(s)

Goldsmith, Mark Allan (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Ernst, Kevin S. (Michigan)

Fielstra, Hannah Rachel (Michigan)

Manville, Daniel E. (Michigan)

Zurek, Zachary Austin (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Heyse, Kristin M. (Michigan)

Mertens, Scott A. (Michigan)

Nessel, Dana M. (Michigan)

Judge(s)

Goldsmith, Mark Allan (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Ernst, Kevin S. (Michigan)

Fielstra, Hannah Rachel (Michigan)

Manville, Daniel E. (Michigan)

Zurek, Zachary Austin (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Heyse, Kristin M. (Michigan)

Mertens, Scott A. (Michigan)

Nessel, Dana M. (Michigan)

O'Dowd, Kevin J. (Michigan)

Soros, Allan J. (Michigan)

Trudgeon, Sara Elizabeth (Michigan)

Other Attorney(s)

Nickelhoff, Andrew A. (Michigan)

Expert/Monitor/Master

Braman, Melinda (Michigan)

Bush, Jeremy (Michigan)

Chapman, Willis (Michigan)

Draus, Paul (Michigan)

Lauring, Adam M.D., Ph.D. (Michigan)

McIntyre, Carmen (Michigan)

Morrison, Bryan (Michigan)

Nagy, Noah (Michigan)

Washington, Heidi E (Michigan)

Young, Jeremy D. MPH (Ohio)

Documents in the Clearinghouse

Document

2:20-cv-11053

Docket

Abrams v. Glass

Oct. 20, 2020

Oct. 20, 2020

Docket
1

2:20-cv-11053

Complaint for Class Certification and for Temporary Restraining Order and Permanent Injunction

April 29, 2020

April 29, 2020

Complaint
7 & 7-1 to 7-23

2:20-cv-11053

PLAINTIFF’S MOTION FOR CLASS CERTIFICATION AND BRIEF IN SUPPORT

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
2

2:20-cv-11053

Plaintiffs' Emergency Motion for Temporary Restraining Order & Injunctive Relief and Brief in Support

April 30, 2020

April 30, 2020

Pleading / Motion / Brief
22 & 22-1 to 22-40

2:20-cv-11053

Plaintiffs' Emergency Motion for Temporary Restraining Order & Injunctive-Relief and Brief in Support

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
27-15 to 27-29

2:20-cv-11053

Exhibit N to Exhibit BB [of ecf 27 Defendants' Response Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order & Injunctive Relief]

May 12, 2020

May 12, 2020

Pleading / Motion / Brief
27 & 27-1 to 27-14

2:20-cv-11053

Defendants' Response Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order & Injunctive Relief (with Index of Exhibits and Exhibit A to Exhibit M)

May 12, 2020

May 12, 2020

Pleading / Motion / Brief
30 & 30-1 to 30-31

2:20-cv-11053

Plaintiffs' Reply Brief to Defendants' Response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

May 18, 2020

May 18, 2020

Pleading / Motion / Brief
41

2:20-cv-11053

Emergency Motions for Expedited Evidentiary Hearing and Brief in Support

May 30, 2020

May 30, 2020

Pleading / Motion / Brief
44

2:20-cv-11053

Order Requiring Response to Emergency Motions (Dkts. 41, 42), Granting Motion for Leave to File Amici Curiae Brief (Dkt. 32), and Granting in Part Defendants' Motion for Leave to File a Sur-Reply (Dkt. 35)

June 1, 2020

June 1, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17112642/abrams-v-glass/

Last updated Aug. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Plaintiffs. Plaintiff requests summons issued. Receipt No: AMIEDC-7771630 - Fee: $ 400. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits Exhibit Listings, # 2 Exhibit 1-Marlowe v. LeBlanc, # 3 Exhibit 2-MDOC ist of Tested and Positive Tests, # 4 Index of Exhibits 3-MDOC List of Tested Staff, # 5 Exhibit 4-Marion Corr Facility 73% inmates Test Poisitive, # 6 Exhibit 5-Lakeland Prison - Inmates test for COVID-19, # 7 Exhibit 6-Prisons Mass Testing, # 8 Exhibit 7-Decl. Elliott Abrams, # 9 Exhibit 8-Decl. Seegmiller, # 10 Exhibit 9-Decl. Reeves, # 11 Exhibit 10-Withdrawn, # 12 Exhibit 11-Decl. Glass, # 13 Exhibit 12-Decl. Campbell, # 14 Exhibit 13-Decl. of Heard, # 15 Exhibit 14-Decl Dr. Chiao, # 16 Exhibit 15-PD Grievance 03.02.130, # 17 Exhibit 16-Warden's Forum, 04.01.250, # 18 Exhibit 17-Decl. Anderson, # 19 Exhibit 18-Decl. Cantrell, # 20 Exhibit 19-Decl. Hawkins, # 21 Exhibit 20-Decl. Hensley, # 22 Exhibit 21-Decl. Hodges, # 23 Exhibit 22-Decl. Killiam, # 24 Exhibit 23-Decl. Marr, # 25 Exhibit 24Decl. Szenay, # 26 Exhibit 25-Decl. Winburn, # 27 Exhibit 26-Decl. Lyons, # 28 Exhibit 27-Director's Office Memorandum 2020-30, # 29 Exhibit 28-43 States Now Have Stay-At-Home Orders, # 30 Exhibit 29- Decl. Dr. Lauring, # 31 Exhibit 29A - Bio of Dr. Lauring, # 32 Exhibit 29B - CV of Dr. Lauring, # 33 Exhibit 30 - Affiidavit of Dr. Young, # 34 Exhibit 30A - DV of Dr. Young) (Manville, Daniel) (Entered: 04/29/2020)

1 Index of Exhibits Exhibit Listings

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2 Exhibit 1-Marlowe v. LeBlanc

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3 Exhibit 2-MDOC ist of Tested and Positive Tests

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4 Index of Exhibits 3-MDOC List of Tested Staff

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5 Exhibit 4-Marion Corr Facility 73% inmates Test Poisitive

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6 Exhibit 5-Lakeland Prison - Inmates test for COVID-19

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7 Exhibit 6-Prisons Mass Testing

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8 Exhibit 7-Decl. Elliott Abrams

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9 Exhibit 8-Decl. Seegmiller

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10 Exhibit 9-Decl. Reeves

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11 Exhibit 10-Withdrawn

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12 Exhibit 11-Decl. Glass

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13 Exhibit 12-Decl. Campbell

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14 Exhibit 13-Decl. of Heard

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15 Exhibit 14-Decl Dr. Chiao

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16 Exhibit 15-PD Grievance 03.02.130

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17 Exhibit 16-Warden's Forum, 04.01.250

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18 Exhibit 17-Decl. Anderson

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19 Exhibit 18-Decl. Cantrell

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20 Exhibit 19-Decl. Hawkins

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21 Exhibit 20-Decl. Hensley

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22 Exhibit 21-Decl. Hodges

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23 Exhibit 22-Decl. Killiam

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24 Exhibit 23-Decl. Marr

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25 Exhibit 24Decl. Szenay

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26 Exhibit 25-Decl. Winburn

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27 Exhibit 26-Decl. Lyons

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28 Exhibit 27-Director's Office Memorandum 2020-30

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29 Exhibit 28-43 States Now Have Stay-At-Home Orders

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30 Exhibit 29- Decl. Dr. Lauring

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31 Exhibit 29A - Bio of Dr. Lauring

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32 Exhibit 29B - CV of Dr. Lauring

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33 Exhibit 30 - Affiidavit of Dr. Young

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34 Exhibit 30A - DV of Dr. Young

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April 29, 2020

April 29, 2020

RECAP
2

Emergency MOTION for Temporary Restraining Order, MOTION to Expedite by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1 - Proclamation 9994, # 3 Exhibit 2 - WHO, Situation Report 92, # 4 Exhibit 3 - 43 States Now Have Stay-At-Home Orders, # 5 Exhibit 4 - Michigan Executive Order 2020-21, # 6 Exhibit 5 - Michigan Executive Order 2020-42, # 7 Exhibit 6 - Michigan Data, # 8 Exhibit 7 - Coronavirus in Ohio: More Than 1,800 Inmates at Marion Correctional Test Positive, # 9 Exhibit 8 - Michigan Executive Order No. 2020-29, # 10 Exhibit 9 - Letter from Bd. of Correction of the City of New York to Criminal Justice Leaders, # 11 Exhibit 10 - Iowas Prisons Will Accelerate Release Of Approved Inmates To Mitigate Covid-19, # 12 Exhibit 11 - California Chief Justice Issues Second Advisory on Emergency Relief Measures, # 13 Exhibit 12 - Joint Statement, # 14 Exhibit 13 - AG William Barr Pushes Expansion of Home Confinement to Reduce Prison Populations Amid Coronavirus, # 15 Exhibit 14 - Letter from Scott A. Allen and Josiah Rich to The Honorable Bennie Thompson, # 16 Exhibit 15 - CDC Guidelines, # 17 Exhibit 16 - MDOC Response and Information on Coronavirus, # 18 Exhibit 17 - Declaration of Vincent Glass, # 19 Exhibit 18 - Withdraw, # 20 Exhibit 19 - Declaration of Elliott Abrams, # 21 Exhibit 20 - Declaration of Elliott Abrams, # 22 Exhibit 21 - Michigan Department of Corrections Taking Steps to Curb COVID-19, # 23 Exhibit 22 - Declaration of Craig Seegmiller, # 24 Exhibit 23 - Declaration of Lamont Heard, # 25 Exhibit 24 - Harvard Study, # 26 Exhibit 25 - Declaration of Dr. Lauring, # 27 Exhibit 26 - Declaration of Dr. Young, # 28 Exhibit 27 - Marlowe v. LeBlanc, CV 18-63-BAJ-EWD, 2020 WL 1955303, at *2 (M.D. La. Apr. 23, 2020), # 29 Exhibit 28 - World Health Organization, April 27, 2020, COVID-19, # 30 Exhibit 29 - Thakker v. Doll, # 31 Document Continuation 30 - United States v. Patino, # 32 Document Continuation 31 - Awshana, et al. v. Adducci, # 33 Document Continuation 32 - United States v. Patino, # 34 Document Continuation 33 - United States v. Kennedy, # 35 Document Continuation 34 - Miller v. United States, # 36 Document Continuation 35 - Malam v. Adducci, # 37 Document Continuation 36 - United States v. Muniz, # 38 Document Continuation 37 - Basank v. Decker, # 39 Document Continuation 38 - Jones v. Wolf, # 40 Document Continuation 39 - Xochihua-Jaimes v. Barr) (Manville, Daniel) (Entered: 04/30/2020)

1 Index of Exhibits Exhibit Listing

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2 Exhibit 1 - Proclamation 9994

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3 Exhibit 2 - WHO, Situation Report 92

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4 Exhibit 3 - 43 States Now Have Stay-At-Home Orders

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5 Exhibit 4 - Michigan Executive Order 2020-21

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6 Exhibit 5 - Michigan Executive Order 2020-42

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7 Exhibit 6 - Michigan Data

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8 Exhibit 7 - Coronavirus in Ohio: More Than 1,800 Inmates at Marion Correctional

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9 Exhibit 8 - Michigan Executive Order No. 2020-29

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10 Exhibit 9 - Letter from Bd. of Correction of the City of New York to Criminal Ju

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11 Exhibit 10 - Iowas Prisons Will Accelerate Release Of Approved Inmates To Mitiga

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12 Exhibit 11 - California Chief Justice Issues Second Advisory on Emergency Relief

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13 Exhibit 12 - Joint Statement

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14 Exhibit 13 - AG William Barr Pushes Expansion of Home Confinement to Reduce Pris

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15 Exhibit 14 - Letter from Scott A. Allen and Josiah Rich to The Honorable Bennie

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16 Exhibit 15 - CDC Guidelines

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17 Exhibit 16 - MDOC Response and Information on Coronavirus

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18 Exhibit 17 - Declaration of Vincent Glass

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19 Exhibit 18 - Withdraw

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20 Exhibit 19 - Declaration of Elliott Abrams

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21 Exhibit 20 - Declaration of Elliott Abrams

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22 Exhibit 21 - Michigan Department of Corrections Taking Steps to Curb COVID-19

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23 Exhibit 22 - Declaration of Craig Seegmiller

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24 Exhibit 23 - Declaration of Lamont Heard

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25 Exhibit 24 - Harvard Study

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26 Exhibit 25 - Declaration of Dr. Lauring

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27 Exhibit 26 - Declaration of Dr. Young

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28 Exhibit 27 - Marlowe v. LeBlanc, CV 18-63-BAJ-EWD, 2020 WL 1955303, at *2 (M.D.

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29 Exhibit 28 - World Health Organization, April 27, 2020, COVID-19

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30 Exhibit 29 - Thakker v. Doll

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31 Document Continuation 30 - United States v. Patino

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32 Document Continuation 31 - Awshana, et al. v. Adducci

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33 Document Continuation 32 - United States v. Patino

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34 Document Continuation 33 - United States v. Kennedy

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35 Document Continuation 34 - Miller v. United States

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36 Document Continuation 35 - Malam v. Adducci

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37 Document Continuation 36 - United States v. Muniz

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38 Document Continuation 37 - Basank v. Decker

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39 Document Continuation 38 - Jones v. Wolf

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40 Document Continuation 39 - Xochihua-Jaimes v. Barr

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April 30, 2020

April 30, 2020

PACER
3

SUMMONS Issued for *Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON* (SKra) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
4

NOTICE of Appearance by Hannah Rachael Fielstra on behalf of All Plaintiffs. (Fielstra, Hannah) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
5

NOTICE of Appearance by Kevin S. Ernst on behalf of All Plaintiffs. (Ernst, Kevin) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
6

CERTIFICATE OF SERVICE re 1 Complaint,,,,,,, by All Plaintiffs (Manville, Daniel) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
7

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1 - Decl. of Abrams, # 3 Exhibit 2 - Decl of Seegmiller, # 4 Exhibit 3 - Decl of Reeves, # 5 Exhibit 4 - Decl of Glass, # 6 Exhibit 5 - Decl of Campbell, # 7 Exhibit 6 - Decl of Heard, # 8 Exhibit 7 - Decl. of Anderson, # 9 Exhibit 8 - Decl. of Cantrell, # 10 Exhibit 9 - Decl. of Hawkins, # 11 Exhibit 10 - Decl. Hensley, # 12 Exhibit 11 - Decl. of Hodges, # 13 Exhibit 12 - Decl. of Killiam, # 14 Exhibit 13 - Decl. of Marr, # 15 Exhibit 14 - Decl. of Szenay, # 16 Exhibit 15 - Decl. of Winbush, # 17 Exhibit 16 - Decl of Lyons, # 18 Exhibit 17 - Withdrawn, # 19 Exhibit 18 - McBride v. Michigan Dept. of Corrections, # 20 Exhibit 19 - Smith v. Ohio Dept of Rehab. and Corr.,, # 21 Exhibit 20 - Dowdy-El v. Caruso, # 22 Exhibit 21 - Brown v. city of Detroit, # 23 Exhibit 22 - Johnson v. Martin) (Manville, Daniel) (Entered: 04/30/2020)

1 Index of Exhibits Exhibit Listing

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2 Exhibit 1 - Decl. of Abrams

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3 Exhibit 2 - Decl of Seegmiller

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4 Exhibit 3 - Decl of Reeves

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5 Exhibit 4 - Decl of Glass

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6 Exhibit 5 - Decl of Campbell

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7 Exhibit 6 - Decl of Heard

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8 Exhibit 7 - Decl. of Anderson

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9 Exhibit 8 - Decl. of Cantrell

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10 Exhibit 9 - Decl. of Hawkins

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11 Exhibit 10 - Decl. Hensley

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12 Exhibit 11 - Decl. of Hodges

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13 Exhibit 12 - Decl. of Killiam

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14 Exhibit 13 - Decl. of Marr

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15 Exhibit 14 - Decl. of Szenay

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16 Exhibit 15 - Decl. of Winbush

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17 Exhibit 16 - Decl of Lyons

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18 Exhibit 17 - Withdrawn

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19 Exhibit 18 - McBride v. Michigan Dept. of Corrections

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20 Exhibit 19 - Smith v. Ohio Dept of Rehab. and Corr.,

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21 Exhibit 20 - Dowdy-El v. Caruso

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22 Exhibit 21 - Brown v. city of Detroit

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23 Exhibit 22 - Johnson v. Martin

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April 30, 2020

April 30, 2020

PACER
8

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/1/2020 at 01:45 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Status Conference

May 1, 2020

May 1, 2020

PACER
9

NOTICE by All Plaintiffs of withdrawal of 2 Emergency MOTION for Temporary Restraining Order MOTION to Expedite . (Manville, Daniel) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
10

NOTICE of Appearance by Kevin J. O'Dowd on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (O'Dowd, Kevin) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
11

NOTICE of Appearance by Cori E. Barkman on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Barkman, Cori) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
12

NOTICE of Appearance by Kristin M. Heyse on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Heyse, Kristin) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
13

NOTICE of Appearance by Scott A. Mertens on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Mertens, Scott) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
14

NOTICE of Appearance by Sara Elizabeth Trudgeon on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Trudgeon, Sara) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
15

NOTICE of Appearance by Allan J. Soros on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Soros, Allan) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/1/2020. (Sandusky, K)

May 1, 2020

May 1, 2020

PACER
16

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/4/2020 at 02:30 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
17

WAIVER OF SERVICE Returned Executed. Bryan Morrison waiver sent on 5/1/2020, answer due 6/30/2020. (O'Dowd, Kevin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Status Conference

May 4, 2020

May 4, 2020

PACER
18

WAIVER OF SERVICE Returned Executed. Melinda Braman waiver sent on 5/1/2020, answer due 6/30/2020. (O'Dowd, Kevin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
19

WAIVER OF SERVICE Returned Executed. HEIDI E. WASHINGTON waiver sent on 5/1/2020, answer due 6/30/2020. (O'Dowd, Kevin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
20

WAIVER OF SERVICE Returned Executed. Noah Nagy waiver sent on 5/1/2020, answer due 6/30/2020. (O'Dowd, Kevin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
21

WAIVER OF SERVICE Returned Executed. Willis Chapman waiver sent on 5/1/2020, answer due 6/30/2020. (O'Dowd, Kevin) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/4/2020. (Sandusky, K)

May 4, 2020

May 4, 2020

PACER
22

Emergency MOTION for Temporary Restraining Order, MOTION for Permanent Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1- Proclamation 9994, # 3 Exhibit 2 -Worldometers COVID-19 29 (report us), # 4 Exhibit 3 - 43 States Now Have Stay-At-Home Orders, # 5 Exhibit 4 - Michigan Executive Order 2020-21, # 6 Exhibit 5 - Michigan Executive Order 2020-42, # 7 Exhibit 6 - Michigan Data, # 8 Exhibit 7 - Coronavirus in Ohio: More Than 1,800 Inmates at Marion Correctional Test Positive, # 9 Exhibit 8 - Michigan Executive Order No. 2020-29, # 10 Exhibit 9 - Letter from Bd. of Correction of the City of New York to Criminal Justice Leaders, # 11 Exhibit 10 - Iowas Prisons Will Accelerate Release Of Approved Inmates To Mitigate Covid-19, # 12 Exhibit 11 - California Chief Justice Issues Second Advisory on Emergency Relief Measures, # 13 Exhibit 12 - Joint Statement, # 14 Exhibit 13 - AG William Barr Pushes Expansion of Home Confinement to Reduce Prison Populations Amid Coronavirus, # 15 Exhibit 14 - Letter from Scott A. Allen and Josiah Rich to The Honorable Bennie Thompson, # 16 Exhibit 15 - CDC Guidelines, # 17 Exhibit 16 - MDOC Response and Information on Coronavirus, # 18 Exhibit 17 - Declaration of Vincent Glass, # 19 Exhibit 18 - WITHDRAWN, # 20 Exhibit 19 - Declaration of Elliott Abrams, # 21 Exhibit 20 - Declaration of Robert Reeves, # 22 Exhibit 21 - Michigan Department of Corrections Taking Steps to Curb COVID-19, # 23 Exhibit 22 - Declaration of Craig Seegmiller, # 24 Exhibit 23 - Declaration of Lamont Heard, # 25 Exhibit 24 - Harvard Study, # 26 Exhibit 25 - Declaration of Dr. Lauring, # 27 Exhibit 26 - Declaration of Dr. Young, # 28 Exhibit 27 - arlowe v. LeBlanc, CV 18-63-BAJ-EWD, 2020 WL 1955303, at *2 (M.D. La. Apr. 23, 2020), # 29 Exhibit 28 - World Health Organization, April 27, 2020, COVID-19, # 30 Exhibit 29 - Thakker v. Doll, No. 20-cv-480, 2020 WL 1671563, at *6 (M.D. Pa. Mar. 31, 2020), # 31 Exhibit 30 - United States v. Stephens, No. 15-cr-95, 2020 WL 1295155, at *2 (S.D.N.Y. Mar. 19, 2020), # 32 Exhibit 31 - Awshana, et al. v. Adducci, No. 20-10699, 2020 WL 1808906, at *7 (E.D. Mich. Apr. 9, 2020), # 33 Exhibit 32 - United States v. Patino, Case No. 18-20451, 2020 WL 1676766, at *3 (E.D. Mich. Apr. 6, 2020), # 34 Exhibit 33 - United States v. Kennedy, Case No. 18-20315, 2020 WL 1493481, at *2 (E.D. Mich. Mar. 27, 2020), # 35 Exhibit 34 - Miller v. United States, Case No. 16-20222-1, 2020 WL 1814084, at *3 (E.D. Mich. Apr. 9, 2020), # 36 Exhibit 35 - Malam v. Adducci, No. 20-10829, 2020 WL 1672662 (E.D. Mich. Apr. 6, 2020), # 37 Exhibit 36 - United States v. Muniz, 2020 WL 1540325, at *1 (S.D. Tex. March 30, 2020), # 38 Exhibit 37 - Basank v. Decker, -- F.Supp.3d --, No. 20-CV- 2518, 2020 WL 1481503, at *5) (S.D.N.Y. Mar. 26, 2020), # 39 Exhibit 38 - Jones v. Wolf, Case No. 20-361, 2020 WL 1643857, at *13 (W.D.N.Y. Apr. 2, 2020), # 40 Exhibit 39 - Xochihua-Jaimes v. Barr) (Manville, Daniel) (Entered: 05/04/2020)

1 Index of Exhibits Exhibit Listing

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2 Exhibit 1- Proclamation 9994

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3 Exhibit 2 -Worldometers COVID-19 29 (report us)

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4 Exhibit 3 - 43 States Now Have Stay-At-Home Orders

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5 Exhibit 4 - Michigan Executive Order 2020-21

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6 Exhibit 5 - Michigan Executive Order 2020-42

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7 Exhibit 6 - Michigan Data

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8 Exhibit 7 - Coronavirus in Ohio: More Than 1,800 Inmates at Marion Correctional

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9 Exhibit 8 - Michigan Executive Order No. 2020-29

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10 Exhibit 9 - Letter from Bd. of Correction of the City of New York to Criminal Ju

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11 Exhibit 10 - Iowas Prisons Will Accelerate Release Of Approved Inmates To Mitiga

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12 Exhibit 11 - California Chief Justice Issues Second Advisory on Emergency Relief

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13 Exhibit 12 - Joint Statement

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14 Exhibit 13 - AG William Barr Pushes Expansion of Home Confinement to Reduce Pris

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15 Exhibit 14 - Letter from Scott A. Allen and Josiah Rich to The Honorable Bennie

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16 Exhibit 15 - CDC Guidelines

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17 Exhibit 16 - MDOC Response and Information on Coronavirus

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18 Exhibit 17 - Declaration of Vincent Glass

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19 Exhibit 18 - WITHDRAWN

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20 Exhibit 19 - Declaration of Elliott Abrams

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21 Exhibit 20 - Declaration of Robert Reeves

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22 Exhibit 21 - Michigan Department of Corrections Taking Steps to Curb COVID-19

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23 Exhibit 22 - Declaration of Craig Seegmiller

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24 Exhibit 23 - Declaration of Lamont Heard

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25 Exhibit 24 - Harvard Study

View on PACER

26 Exhibit 25 - Declaration of Dr. Lauring

View on PACER

27 Exhibit 26 - Declaration of Dr. Young

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28 Exhibit 27 - arlowe v. LeBlanc, CV 18-63-BAJ-EWD, 2020 WL 1955303, at *2 (M.D. L

View on PACER

29 Exhibit 28 - World Health Organization, April 27, 2020, COVID-19

View on PACER

30 Exhibit 29 - Thakker v. Doll, No. 20-cv-480, 2020 WL 1671563, at *6 (M.D. Pa. Ma

View on PACER

31 Exhibit 30 - United States v. Stephens, No. 15-cr-95, 2020 WL 1295155, at *2 (S.

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32 Exhibit 31 - Awshana, et al. v. Adducci, No. 20-10699, 2020 WL 1808906, at *7 (E

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33 Exhibit 32 - United States v. Patino, Case No. 18-20451, 2020 WL 1676766, at *3

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34 Exhibit 33 - United States v. Kennedy, Case No. 18-20315, 2020 WL 1493481, at *2

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35 Exhibit 34 - Miller v. United States, Case No. 16-20222-1, 2020 WL 1814084, at *

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36 Exhibit 35 - Malam v. Adducci, No. 20-10829, 2020 WL 1672662 (E.D. Mich. Apr. 6,

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37 Exhibit 36 - United States v. Muniz, 2020 WL 1540325, at *1 (S.D. Tex. March 30,

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38 Exhibit 37 - Basank v. Decker, -- F.Supp.3d --, No. 20-CV- 2518, 2020 WL 1481503

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39 Exhibit 38 - Jones v. Wolf, Case No. 20-361, 2020 WL 1643857, at *13 (W.D.N.Y. A

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40 Exhibit 39 - Xochihua-Jaimes v. Barr

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May 4, 2020

May 4, 2020

PACER
23

ORDER Setting Briefing Schedule on Plaintiff's Motion for Temporary Restraining Order (Dkt. 22 ) ( Response due by 5/12/2020, Reply due by 5/18/2020). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
24

NOTICE of Appearance by Sara Elizabeth Trudgeon on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Trudgeon, Sara) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
25

MOTION for Leave to File Excess Pages by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (O'Dowd, Kevin) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
26

ORDER granting 25 Motion for Leave to File Excess Pages. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
27

RESPONSE to 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A 1-21-20 Press Release, # 3 Exhibit B Executive Order, # 4 Exhibit C CDC Interim Guide, # 5 Exhibit D Affd Washington, # 6 Exhibit E 3-17-20 Press Release, # 7 Exhibit F Affd McIntyre, # 8 Exhibit G Exec Ord 2020-29, # 9 Exhibit H DOM 2020-30, # 10 Exhibit I 4-3-20 CDC, # 11 Exhibit J Exec Ord 2020-59, # 12 Exhibit K Chart, # 13 Exhibit L Affd Morrison, # 14 Exhibit M Affd Braman, # 15 Exhibit N Affd Nagy, # 16 Exhibit O Affd Chapman, # 17 Exhibit P Affd Bush, # 18 Exhibit Q Soc Dist Examples, # 19 Exhibit R Valeintine v Collier, # 20 Exhibit S Marlowe v Leblanc, # 21 Exhibit T Burnett v Howard, # 22 Exhibit U PD 03.02.130, # 23 Exhibit V Swain v Junior, # 24 Exhibit W Nellson v Barnhart, # 25 Exhibit X Dorm Chart, # 26 Exhibit Y Baxley v Jividen, # 27 Exhibit Z Amos v Taylor, # 28 Exhibit AA Money v Pritzker, # 29 Exhibit BB Gulley v Ogondo) (O'Dowd, Kevin) (Entered: 05/12/2020)

1 Index of Exhibits

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2 Exhibit A 1-21-20 Press Release

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3 Exhibit B Executive Order

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4 Exhibit C CDC Interim Guide

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5 Exhibit D Affd Washington

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6 Exhibit E 3-17-20 Press Release

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7 Exhibit F Affd McIntyre

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8 Exhibit G Exec Ord 2020-29

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9 Exhibit H DOM 2020-30

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10 Exhibit I 4-3-20 CDC

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11 Exhibit J Exec Ord 2020-59

View on PACER

12 Exhibit K Chart

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13 Exhibit L Affd Morrison

View on PACER

14 Exhibit M Affd Braman

View on PACER

15 Exhibit N Affd Nagy

View on PACER

16 Exhibit O Affd Chapman

View on PACER

17 Exhibit P Affd Bush

View on PACER

18 Exhibit Q Soc Dist Examples

View on PACER

19 Exhibit R Valeintine v Collier

View on PACER

20 Exhibit S Marlowe v Leblanc

View on PACER

21 Exhibit T Burnett v Howard

View on PACER

22 Exhibit U PD 03.02.130

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23 Exhibit V Swain v Junior

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24 Exhibit W Nellson v Barnhart

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25 Exhibit X Dorm Chart

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26 Exhibit Y Baxley v Jividen

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27 Exhibit Z Amos v Taylor

View on PACER

28 Exhibit AA Money v Pritzker

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29 Exhibit BB Gulley v Ogondo

View on PACER

May 12, 2020

May 12, 2020

PACER
28

STIPULATED ORDER Extending the Defendants' Due Date to File Response to Plaintiffs' Motion for Class Certification. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
29

MOTION for Leave to File Excess Pages by All Plaintiffs. (Manville, Daniel) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
30

REPLY to Response re 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit 1 - Supplemental Declaration of Lauring, # 3 Exhibit 2 - Summary of Cotton Prison, # 4 Exhibit 3 - Summary of Parnall Prison, # 5 Exhibit 4 - Summary of Macomb Prison, # 6 Exhibit 5 - Summary of Lakeland Prison, # 7 Exhibit 6 - Pictures of a mask made by the Prison, # 8 Exhibit 7 - Affidavit of Mack, # 9 Exhibit 8 - Affidavit of DeRoo, # 10 Exhibit 9 - Grievance Response to Abrams, # 11 Exhibit 10 - Grievance response to Reeves, # 12 Exhibit 11 - PD 04.01.150 Warden Forum, # 13 Exhibit 12 - PD 03.02.130 Grivance Policy, # 14 Exhibit 13 - Pugh v. Caruso, # 15 Exhibit 14 - United States v. Frost, # 16 Exhibit 15 - Malam v. Adducci, # 17 Exhibit 16 - Salami v. Rewerts, # 18 Exhibit 17 - Zayad v. Adducci, # 19 Exhibit 18 - Refunjol v. Adducci, # 20 Exhibit 19 - High Death Rate in Michigan Prisons, # 21 Exhibit 20 - Basank v. Decker, # 22 Exhibit 21 - Jones v. Wolf, # 23 Exhibit 22 - Fofana v. Albene, # 24 Exhibit 23 - Awsjama v. Adducci, # 25 Exhibit 24 - Banks v. Booth, # 26 Exhibit 25 - Wilson v. Williams, # 27 Exhibit 26 - Mays v. Dart, # 28 Exhibit 27 - Martinez-Brooks v. Easter, # 29 Exhibit Peoples v. Bauman, # 30 Exhibit Arias v. Decker, # 31 Exhibit Declaration of Dr. Draus) (Manville, Daniel) (Entered: 05/18/2020)

1 Index of Exhibits List of Exhibits

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2 Exhibit 1 - Supplemental Declaration of Lauring

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3 Exhibit 2 - Summary of Cotton Prison

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4 Exhibit 3 - Summary of Parnall Prison

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5 Exhibit 4 - Summary of Macomb Prison

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6 Exhibit 5 - Summary of Lakeland Prison

View on PACER

7 Exhibit 6 - Pictures of a mask made by the Prison

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8 Exhibit 7 - Affidavit of Mack

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9 Exhibit 8 - Affidavit of DeRoo

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10 Exhibit 9 - Grievance Response to Abrams

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11 Exhibit 10 - Grievance response to Reeves

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12 Exhibit 11 - PD 04.01.150 Warden Forum

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13 Exhibit 12 - PD 03.02.130 Grivance Policy

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14 Exhibit 13 - Pugh v. Caruso

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15 Exhibit 14 - United States v. Frost

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16 Exhibit 15 - Malam v. Adducci

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17 Exhibit 16 - Salami v. Rewerts

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18 Exhibit 17 - Zayad v. Adducci

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19 Exhibit 18 - Refunjol v. Adducci

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20 Exhibit 19 - High Death Rate in Michigan Prisons

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21 Exhibit 20 - Basank v. Decker

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22 Exhibit 21 - Jones v. Wolf

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23 Exhibit 22 - Fofana v. Albene

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24 Exhibit 23 - Awsjama v. Adducci

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25 Exhibit 24 - Banks v. Booth

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26 Exhibit 25 - Wilson v. Williams

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27 Exhibit 26 - Mays v. Dart

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28 Exhibit 27 - Martinez-Brooks v. Easter

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29 Exhibit Peoples v. Bauman

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30 Exhibit Arias v. Decker

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31 Exhibit Declaration of Dr. Draus

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May 18, 2020

May 18, 2020

PACER
31

ORDER granting 29 Motion for Leave to File Excess Pages. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
32

MOTION Motion for Leave to File Amici Curiae Brief of Public Heath & Human Rights by Andrew NIckelhoff, Darren W Johnson, SUSANNA BUERGEL, David C Kimball-Stanley. (Nickelhoff, Andrew) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
33

SUPPLEMENTAL BRIEF re 32 MOTION Motion for Leave to File Amici Curiae Brief of Public Heath & Human Rights filed by SUSANNA BUERGEL, Darren W Johnson, David C Kimball-Stanley, Andrew NIckelhoff. (Nickelhoff, Andrew) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
34

EXHIBIT Exhibit A - Brief in Support re 33 Supplemental Brief, 32 MOTION Motion for Leave to File Amici Curiae Brief of Public Heath & Human Rights by SUSANNA BUERGEL, Darren W Johnson, David C Kimball-Stanley, Andrew NIckelhoff (Nickelhoff, Andrew) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
35

MOTION for Leave to File Sur-Reply Brief Under L.R. 7.1 by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (O'Dowd, Kevin) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
36

RESPONSE to 35 MOTION for Leave to File Sur-Reply Brief Under L.R. 7.1 filed by All Plaintiffs. (Manville, Daniel) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
37

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/22/2020 at 09:30 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

Status Conference

May 22, 2020

May 22, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/22/2020. (Sandusky, K)

May 22, 2020

May 22, 2020

PACER
39

ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) Modified on 5/29/2020 (Sandusky, K). (Entered: 05/29/2020)

May 26, 2020

May 26, 2020

PACER
38

MEMORANDUM for Settlement Conference by All Plaintiffs (Manville, Daniel) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
40

ATTORNEY APPEARANCE: Zachary Austin Zurek appearing on behalf of Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON as Co-Counsel with Certificate of Service (Zurek, Zachary) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
41

Emergency MOTION to Withdraw 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction by All Plaintiffs. (Manville, Daniel) (Entered: 05/30/2020)

May 30, 2020

May 30, 2020

PACER
42

Emergency MOTION to Withdraw 28 Stipulation and Order by All Plaintiffs. (Manville, Daniel) (Entered: 05/30/2020)

May 30, 2020

May 30, 2020

PACER
43

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/1/2020 at 10:30 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER

Status Conference

June 1, 2020

June 1, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 6/1/2020 (Sandusky, K)

June 1, 2020

June 1, 2020

PACER
44

ORDER Requiring Response to Emergency Motions (Dkts. 41, 42 ), Granting Motion for Leave to File Amici Curiae Brief (Dkt. 32 ), and Granting In Part Defendant's Motion for Leave to File a Sur-reply ( Response due by 6/2/2020, Sur-Reply due by 6/5/2020). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
45

RESPONSE to 41 Emergency MOTION to Withdraw 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction, 42 Emergency MOTION to Withdraw 28 Stipulation and Order filed by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Attachments: # 1 Exhibit A - Bush Affidavit) (O'Dowd, Kevin) (Entered: 06/02/2020)

1 Exhibit A - Bush Affidavit

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June 2, 2020

June 2, 2020

PACER
46

REPLY to Response re 41 Emergency MOTION to Withdraw 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by All Plaintiffs. (Manville, Daniel) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
47

ORDER Granting In Part Emergency Motion for Expedited Discovery and Expedited Evidentiary Hearing (Dkt. 41 ), and Denying Emergency Motion to Withdraw Stipulation and Order Requiring Response to Motion for Class Certification (Dkt. 42 ) ( Evidentiary Hearing set for 6/17/2020 08:30 AM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

RECAP
48

Defendants' Disclosure of WITNESS LIST by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON (O'Dowd, Kevin) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
49

SUR-REPLY re 22 Emergency MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON. (Attachments: # 1 Index of Exhibits, # 2 Exhibit CC - Fatality Rate, # 3 Exhibit DD - Pris Staff Testing, # 4 Exhibit EE - Letter to staff, # 5 Exhibit FF - Other State's Testing, # 6 Exhibit GG - Cummings v Washington, # 7 Exhibit HH - Maney v Brown) (O'Dowd, Kevin) (Entered: 06/05/2020)

1 Index of Exhibits

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2 Exhibit CC - Fatality Rate

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3 Exhibit DD - Pris Staff Testing

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4 Exhibit EE - Letter to staff

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5 Exhibit FF - Other State's Testing

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6 Exhibit GG - Cummings v Washington

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7 Exhibit HH - Maney v Brown

View on PACER

June 5, 2020

June 5, 2020

PACER
50

NOTICE TO APPEAR BY VIDEO CONFERENCE: Evidentiary Hearing set for 6/17/2020 08:30 AM before District Judge Mark A. Goldsmith. |Zoom Webinar Information: https://zoom.us/j/96648501370?pwd=YzNnaW01d2FSUyswVjFCeVdFdUNidz09 Password: 706620 Or iPhone one-tap : US: +12133388477,,96648501370#,,1#,706620# or +12532158782,,96648501370#,,1#,706620#| (Sandusky, K) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
51

NOTICE by Melinda Braman, Willis Chapman, Bryan Morrison, Noah Nagy, HEIDI E. WASHINGTON re 47 Order,, Terminate Motions,, Set Deadlines/Hearings, Notice of Service (Trudgeon, Sara) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
52

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/9/2020 at 11:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Status Conference

June 9, 2020

June 9, 2020

PACER
53

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/9/2020 04:30 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 6/9/2020. (Sandusky, K)

June 9, 2020

June 9, 2020

PACER
54

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/10/2020 at 04:30 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER

Status Conference

June 10, 2020

June 10, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 6/10/2020 (Sandusky, K)

June 10, 2020

June 10, 2020

PACER
55

STIPULATED ORDER Withdrawing Plaintiff's Motions for Temporary Restraining Order and/or Preliminary Injunction (Dkt. 22 ) and Motion to Certify Class (Dkt. 7 ) and Staying Proceedings. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP

Text-Only Notice of Hearing Cancelled

June 12, 2020

June 12, 2020

PACER

TEXT-ONLY NOTICE: Evidentiary Hearing on June 17, 2020 is Cancelled. (Sandusky, K)

June 12, 2020

June 12, 2020

PACER
56

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/20/2020 11:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 10/20/2020 04:30 PM before District Judge Mark A. Goldsmith (TIME CHANGE ONLY). The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K)

Oct. 13, 2020

Oct. 13, 2020

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference RESET for 10/21/2020 11:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327 (Sandusky, K)

Oct. 14, 2020

Oct. 14, 2020

PACER
57

STIPULATED ORDER DISMISSING CASE. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 29, 2020

Closing Date: Oct. 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Putative Class: All inmates who currently are, or who in the future will be, incarcerated in the MDOC's custody, at its different prisons, and who are subjected to MDOC's policies and practices regarding COVID-19

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Michigan Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run