Case: Bownes v. Washington

2:14-cv-11691 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 28, 2014

Case Ongoing

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Case Summary

An incarcerated individual in the custody of the Michigan Department of Corrections (MDOC) filed this lawsuit on April 28, 2014, in the U.S. District Court for the Eastern District of Michigan, on behalf of a class of similarly situated individuals, against the Director of the MDOC and the general dentist of the MDOC (in their official capacities). MDOC policy detailed that a person became eligible for routine dental care only after being incarcerated for two years. The plaintiff claimed that the denial of routine dental care constituted cruel and unusual punishment in violation of the Eighth Amendment. Specifically, the complaint alleged that MDOC was deliberately indifferent to incarcerated persons’ dental needs and thus caused serious health complications. Plaintiff sought declaratory and injunctive relief. The plaintiff was represented by a private attorney and the Michigan State law school's civil rights clinic; the case was assigned to District Judge Laurie J. Michelson.

The MDOC divided dental services into three categories: emergency (delay in treatment may result in death or permanent impairment), urgent (conditions medically necessary in the opinion of a qualified medical professional) and routine (anything non-urgent or non-emergent). In 2013, the MDOC instituted the policy of providing routine dental services only after two years of uninterrupted incarceration. The rule reduced the wait list for dental care by 75% from 8,000 to 2,000 people.

On February 2, 2015, the court allowed the plaintiff to amend his complaint to include five other named plaintiffs incarcerated in different facilities operated by MDOC. On February 3, 2015, the plaintiffs filed a motion seeking class certification of one “General Class” and five subclasses. The General Class constituted all prisoners confined in MDOC facilities denied dental care and treatment (including those whose custody was officially under MDOC but who located in local jails). The five subclasses referred to were individuals:

to whom dental care was denied due to the written policy not providing routine dental care until at least two years after arrival at the prison;
who were within one year of release date and denied dental care because of a different written policy;
whose teeth were in need of repairs but were given only the option of extraction;
whose dentures or bridge(s) were worn out, broken, or lost and replacement was denied based on another written policy of the defendant; and
(5) who had been incarcerated more than two years and were not within one-year of release, and who have lost natural teeth that required replacement.

The magistrate judge recommended class certification on August 11, 2015. The defendants objected to all aspects of the magistrate judge’s report and recommendation, prompting review of the report by the district judge. On September 25, 2015, the district judge denied without prejudice the plaintiffs’ motion for class certification and rejected the magistrate judge’s report. The court denied the motion for three primary reasons: plaintiffs failed to offer sufficient proof of their as-applied claims constituting a systemic issue; plaintiffs might not have been "adequate" class representatives and their claims might have been atypical of those they sought to represent; and plaintiffs may have failed the definiteness requirement, also referred to as ascertainability, for the class definitions. 2015 WL 5634446.

The defendants were given leave to move for summary judgment multiple times. On November 6, 2015, the magistrate judge recommended that the named plaintiffs who were no longer incarcerated be dismissed from the case. 2015 WL 10521551. On March 17, 2016, the district judge adopted this recommendation and dismissed the cases of the plaintiffs no longer incarcerated. 2016 WL 1060449.

On January 19, 2016, the magistrate judge further recommended granting the defendants’ motion for summary judgment, in large part because all of the named plaintiffs except for the first one had failed to complete the MDOC’s formal grievance process before bringing the case, which meant that many of the plaintiffs had not complied with the pre-lawsuit exhaustion requirement of the Prison Litigation Reform Act (PLRA). Specifically, the magistrate judge found that because none of the plaintiffs’ grievances named the general dentist, plaintiffs did not properly exhaust their claims against her. 2016 WL 8231172. Defendants objected to the magistrate judge’s finding because she did not address their broader argument that plaintiffs’ claims were more comprehensively unexhausted; defendants argued that plaintiffs had failed to exhaust all their claims, not merely those against the general dentist.

On review, the district judge found for the plaintiffs; referring to Sixth Circuit precedent, the district judge found that the PLRA did not allow MDOC officials to complain during litigation of a defect it had previously overlooked or forgiven during the grievance process. Further, because failure to exhaust is an affirmative defense, defendants bore the burden of convincing the court that no reasonable jury could find that plaintiffs exhausted their claims. 2016 WL 1253266.

There was then yet another round of litigation over administrative exhaustion: another named defendant filed an exhaustion-related motion to dismiss or for summary judgment on the claims of two plaintiffs. Plaintiffs complained that exhaustion related to their diagnosis of periodontal disease was "unavailable" to them, under the statute, because dental staff never informed them of that diagnosis. The district judge disagreed on Sept. 12, 2017, dismissing plaintiffs’ claims that MDOC violated the Eighth Amendment by (1) denying necessary dental care during the first two years of incarceration; and (2) denying periodontal care. 2017 WL 4038890.

While and after the exhaustion issue was under consideration, the plaintiffs renewed their request for class certification. Then they filed a fourth amended complaint on January 14, 2018 with a broader list of named plaintiffs. In their response on February 22, 2018, defendants reiterated the following assertions: (1) plaintiffs failed to exhaust their available administrative remedies; (2) plaintiffs’ claims were moot, making them unsuitable as class representatives; and (3) class certification would be improper because the proposed classes lacked commonality.

Finally, class status was adjudicated on February 13, 2019. The district judge’s order noted that the MDOC had revised policies for tracking and treating periodontal disease according to some of the alternatives outlined in plaintiffs’ expert report. In this opinion, as modified after a motion for reconsideration, the district court rejected certification for Proposed Class I (all prisoners with fewer than two years of consecutive incarceration), and Class IVA (all prisoners on the Routine Dental Appointment List); the court held these were too broad and likely to include significant variation in dental health. However, the court held, the lack of class certification did not preclude plaintiffs from pursuing their claim that the MDOC’s two-year rule violated the Eighth Amendment. 330 F.R.D. 452.

In total, the end result of class certification was:

Class IIA: “prisoners incarcerated in an MDOC correctional facility who have caries [tooth decay] that have reached the dentin [the main part of the tooth] or have early (or worse) periodontitis.”
Class IIB: "all prisoners incarcerated in an MDOC correctional facility with healthy gums or gingivitis"
Class IIC: “all prisoners incarcerated in an MDOC correctional facility with early, moderate, or advanced periodontitis who have not received all necessary scaling and root planing and follow-up treatment.”
Class III: all imprisoned people who requested and qualified for dentures
Class IVB: all prisoners whom the MDOC had identified as awaiting urgent dental care.

330 F.R.D. 452; 2021 WL 3700867.

On February 23, 2022, the court dismissed the claim of Class IVB (those awaiting urgent dental care) at the request of both parties.

The parties each sought summary judgment in August 2022. On January 26, 2023, the court granted MDOC's motion in part, and denied the plaintiffs' motion. 2023 WL 424259. After dismissing several claims as moot or improperly raised, what was left was:

Class IIA: noting remaining faculty disputes whether the defendants had been deliberately indifferent to the risk of serious harm to the class members in failing to perform certain tests to determine if the inmates had periodontitis.
Class IIB: the court allowed the survival of claims by class members with gingivitis who had not yet served two years, but dismissed claims for class members who had served two years and for those who had inadequate-diagnosis claims. (The court also dismissed claims from people in Class IIB with healthy gums because not having a cleaning for two and a half years, or not receiving tests that would lead to a periodontitis diagnosis, did not create a substantial risk for them.)
Class IIC: noting remaining factual disputes about both whether MDOC dentists completed dental procedures such as scaling and root planing, as treatment for periodontitis, and also about whether people in this subclass were at “a substantial risk of serious harm,” because periodontitis progresses differently depending on how early it is caught, each individual’s oral hygiene routine, and if and when treatment begins.

With summary judgment out of the way, the case settled in October 2023. Under the settlement, all current or future MDOC inmates became eligible to receive:

routine dental services as 12 months of continuous incarceration within the MDOC
periodontal screening and recording at dental intake,
treatment for periodontitis.

In addition, the settlement agreement stipulated that MDOC would update its dental policies and manual to be consistent with this settlement agreement and provide updates every 180 days for two years to plaintiffs' counsel so they could determine if "material terms of the settlement agreement are being met." Lastly, the settlement agreement required MDOC to pay $600,000 in plaintiffs' attorney's fees, with costs of litigation (such as expert fees, depositions, and filing fees) to be paid by the plaintiffs' attorneys out of this amount. The settlement explained "It is anticipated that the implementation of the Settlement Agreement will be completed within a total of 90 days of the Court’s order approving the Settlement Agreement."

Several class members filed objections to the settlement, but on Feb. 23, 2024, the court approved it. A week later, the parties stipulated to the case's dismissal. There is nothing more on the docket (except a notice from one of the members of the plaintiffs' counsel team that he was withdrawing because he was retiring). Presumably the settlement remains in effect through Feb. 2026.

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Summary Authors

Hannah Juge (3/28/2022)

Venesa Haska (10/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292463/parties/bownes-v-washington/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Barkman, Cori E. (Michigan)

Dalzell, Kathryn M. (Michigan)

Dean, Michael R. (Michigan)

Donnelly, Mark E. (Michigan)

Farrell, James T. (Michigan)

Expert/Monitor/Master/Other

Judge(s)

Michelson, Laurie Jill (Michigan)

Attorney for Plaintiff

Gittleman, Robert (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Dalzell, Kathryn M. (Michigan)

Dean, Michael R. (Michigan)

Donnelly, Mark E. (Michigan)

Farrell, James T. (Michigan)

Froehlich, Joseph T. (Michigan)

Geminick, Lisa M. (Michigan)

Gittleman, Tracie R. (Michigan)

Govorchin, A. Peter (Michigan)

Grossi, Christina M. (Michigan)

Heyse, Kristin M. (Michigan)

Manville, Daniel E. (Michigan)

Meingast, Heather S. (Michigan)

Mertens, Scott A. (Michigan)

Murphy, Michael F. (Michigan)

Nelson, Margaret A. (Michigan)

O'Dowd, Kevin J. (Michigan)

Schneider, Clifton B. (Michigan)

Sherman, Ann M. (Michigan)

Southerland, Kristin M. (Michigan)

Thurber, John L. (Michigan)

Trudgeon, Sara Elizabeth (Michigan)

Wood, Rock A. (Michigan)

Expert/Monitor/Master/Other

Jr, JA Alexander, (Michigan)

Mercer, Mathew (Michigan)

Ouellette, Scott (Michigan)

Southwell, Lawrence (Michigan)

Sturgis, Donald (Michigan)

Veach, Anthony (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:14-cv-11691	Complaint Seeking Class Certification and for Declaratory and Injunctive Relief Johannes v. Heyns	April 28, 2014	April 28, 2014 Complaint
37 2:14-cv-11691	First Amended Complaint for Declaratory and Injunctive Relief Johannes v. Heyns	Feb. 2, 2015	Feb. 2, 2015 Complaint
83 2:14-cv-11691	Report and Recommendation Johannes v. Heyns	Aug. 11, 2015	Aug. 11, 2015 Magistrate Report/Recommendation
105 2:14-cv-11691	Opinion and Order Denying Without Prejudice Plaintiffs' Motion to Certify Class Johannes v. Washington	Sept. 25, 2015	Sept. 25, 2015 Order/Opinion 2015 WL 5634446
117 2:14-cv-11691	Report and Recommendation Johannes v. Washington	Nov. 6, 2015	Nov. 6, 2015 Magistrate Report/Recommendation 2015 WL 10521551
132 2:14-cv-11691	Report and Recommendation Johannes v. Washington	Jan. 19, 2016	Jan. 19, 2016 Magistrate Report/Recommendation 2016 WL 8231172
156 2:14-cv-11691	Order Adopting Report and Recommendation and Granting Evans and Rogers' Motion to Dismiss Johannes v. Washington	March 17, 2016	March 17, 2016 Order/Opinion 2016 WL 1060449
158 2:14-cv-11691	Opinion and Order Adopting in Part Report and Recommendation Johannes v. Washington	March 31, 2016	March 31, 2016 Order/Opinion 2016 WL 1253266
209 2:14-cv-11691	Opinion and Order Granting in Part and Denying in Part Defendant's Motion to Dismiss or for Summary Judgment Dearduff v. Washington	Sept. 12, 2017	Sept. 12, 2017 Order/Opinion 2017 WL 4038890
236 2:14-cv-11691	Fourth Amended Class Action Complaint for Declaratory and Injunctive Relief Dearduff v. Washington	Jan. 14, 2018	Jan. 14, 2018 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292463/bownes-v-washington/

Last updated Oct. 5, 2025, 12:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4615468 - Fee: $ 400. County of 1st Plaintiff: Muskegon Heights - County Where Action Arose: Muskegon - County of 1st Defendant: Lansing. [Previously dismissed case: No] [Possible companion case(s): None] (Gittleman, Robert) (Entered: 04/28/2014)	April 28, 2014	April 28, 2014 Clearinghouse
2	SUMMONS Issued for Daniel H. Heyns (KKra) (Entered: 04/29/2014)	April 29, 2014	April 29, 2014 PACER
3	SUMMONS Issued for Dalton Sanders (KKra) (Entered: 04/29/2014)	April 29, 2014	April 29, 2014 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)	April 29, 2014	April 29, 2014
4	ATTORNEY APPEARANCE: Daniel E. Manville appearing on behalf of Robert Johannes (Manville, Daniel) (Entered: 05/05/2014)	May 5, 2014	May 5, 2014 PACER
5	NOTICE of reassignment from District Judge Terrence G. Berg to District Judge Laurie J. Michelson pursuant to Administrative Order 14-AO-030. (SSch) (Entered: 05/06/2014)	May 6, 2014	May 6, 2014 PACER
6	CERTIFICATE of Service/Summons Returned Executed. Dalton Sanders served on 5/20/2014, answer due 6/10/2014. (Gittleman, Robert) (Entered: 05/28/2014)	May 28, 2014	May 28, 2014 PACER
7	CERTIFICATE of Service/Summons Returned Executed. Daniel H. Heyns served on 5/28/2014, answer due 6/18/2014. (Gittleman, Robert) (Entered: 05/30/2014)	May 30, 2014	May 30, 2014 PACER
8	ATTORNEY APPEARANCE: James T. Farrell appearing on behalf of Daniel H. Heyns, Dalton Sanders w/certificate of service (Farrell, James) (Entered: 06/09/2014)	June 9, 2014	June 9, 2014 PACER
9	ATTORNEY APPEARANCE: Cori E. Barkman appearing on behalf of Daniel H. Heyns, Dalton Sanders w/certificate of service (Barkman, Cori) (Entered: 06/09/2014)	June 9, 2014	June 9, 2014 PACER
10	ATTORNEY APPEARANCE: A. Peter Govorchin appearing on behalf of Daniel H. Heyns, Dalton Sanders w/certificate of service (Govorchin, A.) (Entered: 06/12/2014)	June 12, 2014	June 12, 2014 PACER
11	MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint with Certificate of Service by Daniel H. Heyns, Dalton Sanders. (Barkman, Cori) (Entered: 06/12/2014)	June 12, 2014	June 12, 2014 PACER
12	RESPONSE to 11 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint with Certificate of Service filed by Robert Johannes. (Manville, Daniel) (Entered: 06/12/2014)	June 12, 2014	June 12, 2014 PACER
13	AMENDED 12 Response to Motion, 11 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint with Certificate of Service by Robert Johannes (Attachments: # 1 Exhibit 1, Motion to Waiver Oral Argument, # 2 Exhibit 2, Order and Opinion) (Manville, Daniel) (Entered: 06/15/2014)	June 15, 2014	June 15, 2014 PACER
14	TEXT-ONLY ORDER granting 11 MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint with Certificate of Service: Response due by 6/18/2015. Signed by District Judge Laurie J. Michelson. (JJoh) Modified on 6/17/2014 (JJoh). (Entered: 06/17/2014)	June 17, 2014	June 17, 2014
15	ORDER Referring Pretrial Matters to Magistrate Judge Mona K. Majzoub. Signed by District Judge Laurie J. Michelson. (JJoh) (Entered: 06/17/2014)	June 17, 2014	June 17, 2014 PACER
16	ANSWER to Complaint with Affirmative Defenses with Jury Demand by Daniel H. Heyns, Dalton Sanders. (Farrell, James) (Entered: 06/18/2014)	June 18, 2014	June 18, 2014 PACER
17	NOTICE TO APPEAR: Scheduling Conference set for 7/10/2014 10:30 AM before Magistrate Judge Mona K. Majzoub (LBar) (Entered: 07/01/2014)	July 1, 2014	July 1, 2014 PACER
	Minute Entry for proceedings held before Magistrate Judge Mona K. Majzoub: Scheduling Conference held on 7/10/2014. (LBar)	July 10, 2014	July 10, 2014
18	SCHEDULING ORDER: Dispositive Motion Cut-off set for 11/6/2015 Signed by Magistrate Judge Mona K. Majzoub. (Refer to image for additional dates) (LBar) (Entered: 07/14/2014)	July 14, 2014	July 14, 2014 PACER
19	MOTION to Compel Discovery by Robert Johannes. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1, Kane v. Nat'l Action Fin. Servs., Inc., unpublished, # 3 Exhibit 2, Heyn's Responses to Document Requests, # 4 Exhibit 3, Email dated 8.16.14, # 5 Exhibit 4, Etheredge v. Etheredge, unpublished) (Manville, Daniel) (Entered: 08/21/2014)	Aug. 21, 2014	Aug. 21, 2014 PACER
20	Notice of Determination of Motion Without Oral Argument re 19 MOTION to Compel Discovery. JOINT Statement of Resolved and Unresolved Issues to be filed on or before September 30, 2014. (LBar) (Entered: 08/24/2014)	Aug. 24, 2014	Aug. 24, 2014 PACER
21	RESPONSE to 19 MOTION to Compel Discovery filed by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Exhibit Ex A-Defs Responses to 1st Document Request, # 2 Exhibit Ex B-10-06-06 Opinion in Hadix v Caruso, et al) (Govorchin, A.) (Entered: 09/04/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
22	STIPULATION AND ORDER re 19 MOTION to Compel Discovery. Set Motion Deadlines: (Reply due by 9/25/2014 and JOINT Statement of Resolved/Unresolved Issues due by 10/6/2014) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
23	MOTION to Amend/Correct 1 Complaint,, by Robert Johannes. (Attachments: # 1 Exhibit Proposed First Amended Complaint) (Manville, Daniel) (Entered: 09/16/2014)	Sept. 16, 2014	Sept. 16, 2014 PACER
24	Notice of Determination of Motion Without Oral Argument re 23 MOTION to Amend/Correct 1 Complaint (LBar) (Entered: 09/17/2014)	Sept. 17, 2014	Sept. 17, 2014 PACER
25	Ex Parte MOTION for Leave to File Excess Pages of Reply Brief by Robert Johannes. (Manville, Daniel) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
26	REPLY to Response re 19 MOTION to Compel Discovery filed by Robert Johannes. (Attachments: # 1 Exhibit 1, Kane v. Nat'l Action Fi. Servs., Inc.) (Manville, Daniel) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
27	ORDER granting 25 Motion for Leave to File Excess Pages - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 09/25/2014)	Sept. 25, 2014	Sept. 25, 2014 PACER
28	RESPONSE to 23 MOTION to Amend/Correct 1 Complaint,, filed by Daniel H. Heyns, Dalton Sanders. (Barkman, Cori) (Entered: 09/30/2014)	Sept. 30, 2014	Sept. 30, 2014 PACER
29	EXHIBIT Exhibit A to Defendant Heyns' and Sanders' Response In Opposition to Plaintiff's Motion to File First Amended Complaint - copy of Rouse v MDOC, et al Report and Recommendation on Defendants' Second Motion for Summary Judgment re 28 Response to Motion by Daniel H. Heyns, Dalton Sanders (Barkman, Cori) (Entered: 09/30/2014)	Sept. 30, 2014	Sept. 30, 2014 PACER
30	STATEMENT of Resolved and Unresolved Issues as to Motion to Compel Discovery re 19 MOTION to Compel Discovery by Robert Johannes (Manville, Daniel) (Entered: 10/01/2014)	Oct. 1, 2014	Oct. 1, 2014 PACER
31	STIPULATION AND ORDER withdrawing 23 Motion to Amend Complaint - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
32	MOTION to Amend/Correct 1 Complaint,, 31 Order on Motion to Amend/Correct by Robert Johannes. (Manville, Daniel) (Entered: 10/27/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
33	EXHIBIT, Proposed Amended Complaint re 32 MOTION to Amend/Correct 1 Complaint,, 31 Order on Motion to Amend/Correct by Robert Johannes (Manville, Daniel) (Entered: 10/28/2014)	Oct. 28, 2014	Oct. 28, 2014 PACER
34	RESPONSE to 32 MOTION to Amend/Correct 1 Complaint,, 31 Order on Motion to Amend/Correct w/Certificate of Service filed by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Exhibit A) (Barkman, Cori) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
35	REPLY to Response re 32 MOTION to Amend/Correct 1 Complaint,, 31 Order on Motion to Amend/Correct filed by Robert Johannes. (Manville, Daniel) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
36	ORDER granting 32 Motion to Amend Complaint and granting in part and denying in part 19 Motion to Compel - Signed by Magistrate Judge Mona K. Majzoub. (LBar)	Jan. 29, 2015	Jan. 29, 2015 RECAP
37	AMENDED by Robert Johannes First Amended Complaint (Manville, Daniel) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 Clearinghouse
38	MOTION to Certify Class by Robert Johannes. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1, CV Gittleman, # 3 Exhibit 2, PD - Dental Services, # 4 Exhibit 3, Plaintiffs; Declarations, # 5 Exhibit 4, Prisoners' Affidavits, # 6 Exhibit 5, MDOC'a Dental Documents, # 7 Index of Exhibits 6, CV Manville) (Manville, Daniel) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
39	MEMORANDUM re 38 MOTION to Certify Class by Robert Johannes (Manville, Daniel) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
40	MOTION re 18 Scheduling Order to modify Allowing More Admissions by Robert Johannes. (Manville, Daniel) (Entered: 02/12/2015)	Feb. 12, 2015	Feb. 12, 2015 PACER
41	STIPULATION AND ORDER re 38 MOTION to Certify Class. Set Motion Deadlines: (Response due by 2/26/2015). ORDER Requiring Response to 37 Amended Complaint (Response due by 2/26/2015) - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 02/20/2015)	Feb. 20, 2015	Feb. 20, 2015 PACER
42	RESPONSE to 38 MOTION to Certify Class filed by Daniel H. Heyns, Dalton Sanders. (Farrell, James) (Entered: 02/26/2015)	Feb. 26, 2015	Feb. 26, 2015 PACER
43	ANSWER to 37 Amended Document /Defendants' Answer and Affirmative Defenses to Plaintiffs' First Amended Complaint (D/E 37) by Daniel H. Heyns, Dalton Sanders. (Barkman, Cori) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015 PACER
44	RESPONSE to 40 MOTION re 18 Scheduling Order to modify Allowing More Admissions filed by Daniel H. Heyns, Dalton Sanders. (Barkman, Cori) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015 PACER
45	REPLY to Response re 38 MOTION to Certify Class filed by Robert Johannes. (Attachments: # 1 Exhibit 1, Waiting Lists) (Manville, Daniel) (Entered: 03/05/2015)	March 5, 2015	March 5, 2015 PACER
46	REPLY to Response re 40 MOTION re 18 Scheduling Order to modify Allowing More Admissions filed by Robert Johannes. (Attachments: # 1 Exhibit 1, Washington v. City of Detroit, unpublished) (Manville, Daniel) (Entered: 03/07/2015)	March 7, 2015	March 7, 2015 PACER
47	NOTICE by Robert Johannes OF LISTING OF EXPERTS BY PLAINTIFF (Manville, Daniel) (Entered: 04/23/2015)	April 23, 2015	April 23, 2015 PACER
48	AMENDED by Robert Johannes Listing of Experts for Plaintiffs (Manville, Daniel) (Entered: 04/23/2015)	April 23, 2015	April 23, 2015 PACER
49	DEFENDANTS' EXPERT WITNESS LIST by Daniel H. Heyns, Dalton Sanders (Barkman, Cori) (Entered: 04/24/2015)	April 24, 2015	April 24, 2015 PACER
50	Notice of Determination of Motion Without Oral Argument re 40 MOTION re 18 Scheduling Order to modify Allowing More Admissions (LBar) (Entered: 05/12/2015)	May 12, 2015	May 12, 2015 PACER
51	STIPULATION AND ORDER for Extension of Time to Respond to Plaintiff's Fifth Request for Discovery - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 05/13/2015)	May 13, 2015	May 13, 2015 PACER
52	ATTORNEY APPEARANCE: Rock A. Wood appearing on behalf of Daniel H. Heyns, Dalton Sanders (Wood, Rock) (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
53	ATTORNEY APPEARANCE: Lisa M. Geminick appearing on behalf of Daniel H. Heyns, Dalton Sanders (Geminick, Lisa) (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
54	[STRICKEN - DISCOVERY] CERTIFICATE OF SERVICE by Daniel H. Heyns, Dalton Sanders of Defendants' Objections to Plaintiffs' Notice of 30(b)(6) Deposition Dated May 6, 2015 (Farrell, James) Modified on 5/22/2015 (DPer). (Entered: 05/22/2015)	May 22, 2015	May 22, 2015 PACER
	Error	May 22, 2015	May 22, 2015
	NOTICE of Error directed to: James T. Farrell re 54 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DPer)	May 22, 2015	May 22, 2015
55	MOTION for Protective Order for Production of Dental and Medical Records by Robert Johannes. (Attachments: # 1 Exhibit 1, Sami v. Detroit Medical Center, unpublished, # 2 Exhibit 2, Proposed Qualified Protective Order) (Manville, Daniel) (Entered: 05/27/2015)	May 27, 2015	May 27, 2015 PACER
56	Notice of Determination of Motion Without Oral Argument re 55 MOTION for Protective Order for Production of Dental and Medical Records (LBar) (Entered: 05/28/2015)	May 28, 2015	May 28, 2015 PACER
57	Second MOTION to Compel Responses to 5th Discovery Requests by Robert Johannes. (Attachments: # 1 Exhibit 1, Responses to Fifth Discovery Requests) (Manville, Daniel) (Entered: 05/29/2015)	May 29, 2015	May 29, 2015 PACER
58	STATEMENT of Substitution of Party by Robert Johannes (Manville, Daniel) (Entered: 05/29/2015)	May 29, 2015	May 29, 2015 PACER
59	Notice of Determination of Motion Without Oral Argument re 57 Second MOTION to Compel Responses to 5th Discovery Requests JOINT Statement of Resolved and Unresolved Issues to be filed on or before July 10, 2015. (LBar) (Entered: 06/01/2015)	June 1, 2015	June 1, 2015 PACER
60	MOTION for Order to Modify Scheduling Order by Robert Johannes. (Attachments: # 1 Index of Exhibits Exhibit Listing, # 2 Exhibit 1, Fourth Discovery Response, Interr. No. 8, at 3-4, # 3 Exhibit 2, Protocol, Page 4, paragraph 5, # 4 Exhibit 3, Defendants Fifth Discovery Responses, No. 37, # 5 Exhibit 4, Sample pages from the first waiting list, # 6 Exhibit 5, Sample pages of shortcomings from these two lists, # 7 Exhibit 6.Upgraded Responses First Discovery Requests, Nos. 7, 10, and 11, # 8 Exhibit 7.HiLex Controls Inc. v. Blue Cross and Blue Shield of Michigan, # 9 Exhibit 8.Emails, # 10 Exhibit 9.Third Responses, at Bates # 7-8, # 11 Exhibit 10.Fourth Discovery Responses, No. 36, at 6-7, # 12 Exhibit 11. Pepperwood of Naples Condo. Ass'n, Inc. v. Nationwide Mut. Fire Ins. Co.,, # 13 Exhibit 12.Defendants Fifth Discovery Responses) (Manville, Daniel) (Entered: 06/01/2015)	June 1, 2015	June 1, 2015 PACER
61	MOTION for Leave to File More Than One Summary Judgment Motion Pursuant to E.D. Mich L.R. 7.1(b) by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Policy Directive, # 3 Exhibit 2. Operating Procedure, # 4 Exhibit 3. Protocol Dental Services, # 5 Exhibit 4. Defs' Motion for Summary Judgment (proposed), # 6 Exhibit Defs' MSJ Exhibit List, # 7 Exhibit Defs' MSJ Ex. 1. Policy Directive, # 8 Exhibit Defs' MSJ Ex. 2. Operating Procedure, # 9 Exhibit Defs' MSJ Ex. 3. Woroniecki Grievance, # 10 Exhibit Defs' MSJ Ex. 4. Turner Grievance, # 11 Exhibit Defs' MSJ Ex. 5. Evans Grievance, # 12 Exhibit Defs' MSJ Ex. 6. Stephenson Grievance, # 13 Exhibit Defs' MSJ Ex. 7. Rogers Grievance, # 14 Exhibit Defs' MSJ Ex. 8. Affidavit of Dr. Dalton Sanders, # 15 Exhibit Defs' MSJ Ex. 9. Affidavit of Dr. Kevin Murphy, # 16 Exhibit Defs' MSJ Ex. 10. Johannes' Dental Record, # 17 Exhibit Defs' MSJ Ex. 11. Johannes' Grievance Record, # 18 Exhibit Defs' MSJ Ex. 12. Policy Directive, # 19 Exhibit Defs' MSJ Ex. 13. Operating Procedure, # 20 Exhibit Defs' MSJ Ex. 14. Johannes' Food Order Detal, # 21 Exhibit Defs' MSJ Ex. 15. Policy Directive) (Wood, Rock) (Entered: 06/01/2015)	June 1, 2015	June 1, 2015 PACER
62	Notice of Determination of Motion Without Oral Argument re 61 MOTION for Leave to File More Than One Summary Judgment Motion Pursuant to E.D. Mich L.R. 7.1(b) and 60 MOTION for Order to Modify Scheduling Order (LBar) (Entered: 06/02/2015)	June 2, 2015	June 2, 2015 PACER
63	STIPULATION AND ORDER,for Extension of Time for Defendants to file Responses to Plaintiffs' 7th, 8th, 9th and 10th set of Discovery and for Plaintiff to Respond to Motion for Leave to File more than One Motion for Summary Judgment - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 06/04/2015)	June 4, 2015	June 4, 2015 PACER
64	RESPONSE to 55 MOTION for Protective Order for Production of Dental and Medical Records filed by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 06/10/2015)	June 10, 2015	June 10, 2015 PACER
65	RESPONSE to 57 Second MOTION to Compel Responses to 5th Discovery Requests filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Wood, Rock) (Entered: 06/12/2015)	June 12, 2015	June 12, 2015 PACER
66	RESPONSE to 61 MOTION for Leave to File More Than One Summary Judgment Motion Pursuant to E.D. Mich L.R. 7.1(b) filed by Robert Johannes. (Attachments: # 1 Exhibit 1, Emails) (Manville, Daniel) (Entered: 06/14/2015)	June 14, 2015	June 14, 2015 PACER
67	RESPONSE to 60 MOTION for Order to Modify Scheduling Order filed by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 06/15/2015)	June 15, 2015	June 15, 2015 PACER
68	REPLY to Response re 61 MOTION for Leave to File More Than One Summary Judgment Motion Pursuant to E.D. Mich L.R. 7.1(b) filed by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 06/19/2015)	June 19, 2015	June 19, 2015 PACER
69	Reply to Response to Motion	June 29, 2015	June 29, 2015 PACER
70	NOTICE by Robert Johannes re 69 Reply to Response to Motion Is Withdrawn (Manville, Daniel) (Entered: 06/30/2015)	June 30, 2015	June 30, 2015 PACER
71	REPLY to Response re 55 MOTION for Protective Order for Production of Dental and Medical Records filed by Robert Johannes. (Manville, Daniel) (Entered: 06/30/2015)	June 30, 2015	June 30, 2015 PACER
72	REPLY to Response re 57 Second MOTION to Compel Responses to 5th Discovery Requests filed by Robert Johannes. (Manville, Daniel) (Entered: 06/30/2015)	June 30, 2015	June 30, 2015 PACER
73	REPLY to Response re 60 MOTION for Order to Modify Scheduling Order filed by Robert Johannes. (Manville, Daniel) (Entered: 07/06/2015)	July 6, 2015	July 6, 2015 PACER
74	STATEMENT of Resolved and Unresolved Issues re 57 Second MOTION to Compel Responses to 5th Discovery Requests by Robert Johannes (Manville, Daniel) (Entered: 07/30/2015)	July 30, 2015	July 30, 2015 PACER
75	NOTICE by Daniel H. Heyns, Dalton Sanders Defendants' Notice of Response to Court's Request for Supplemental Dental Appointment List (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Defendants' Supplemental Response to [Plaintiff's] First Document Request to Defendant Heyns) (Govorchin, A.) (Entered: 08/04/2015)	Aug. 4, 2015	Aug. 4, 2015 PACER
76	Status REPORT as to Notice Filed by Defendants by Robert Johannes (Attachments: # 1 Exhibit 1, Portion of Waiting List) (Manville, Daniel) (Entered: 08/04/2015)	Aug. 4, 2015	Aug. 4, 2015 PACER
77	MOTION to Dismiss Plaintiffs Joseph Evans #146195 and Max Clinton Rogers #211322 and their Asserted Claims as Moot as Neither Plaintiff is Currently Incarcerated in a MDOC Facility by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Letters dated July 20 & July 24, 2015 from Wood to Plaintiffs' Counsel) (Wood, Rock) (Entered: 08/06/2015)	Aug. 6, 2015	Aug. 6, 2015 PACER
78	Notice of Determination of Motion Without Oral Argument re 77 MOTION to Dismiss Plaintiffs Joseph Evans #146195 and Max Clinton Rogers #211322 and their Asserted Claims as Moot as Neither Plaintiff is Currently Incarcerated in a MDOC Facility (LBar) (Entered: 08/07/2015)	Aug. 7, 2015	Aug. 7, 2015 PACER
79	MOTION to Strike Plaintiff's Expert Witnesses by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. Expert Report of Greg D. Komyathy, DDS, # 3 Exhibit B. John W. Dovgan DDS Rule 26(A)(2) Disclosure Expert Report, # 4 Exhibit C. Braun Builders Inc. v. Vivkekanand Kancherlapalli, et al, # 5 Exhibit D. Kayla Mall v. American Honda Motor Co) (Wood, Rock) (Entered: 08/07/2015)	Aug. 7, 2015	Aug. 7, 2015 PACER
80	Defendants' WITNESS LIST by Daniel H. Heyns, Dalton Sanders (Wood, Rock) (Entered: 08/07/2015)	Aug. 7, 2015	Aug. 7, 2015 PACER
81	WITNESS LIST by Robert Johannes (Manville, Daniel) (Entered: 08/08/2015)	Aug. 7, 2015	Aug. 7, 2015 PACER
82	RESPONSE to 77 MOTION to Dismiss Plaintiffs Joseph Evans #146195 and Max Clinton Rogers #211322 and their Asserted Claims as Moot as Neither Plaintiff is Currently Incarcerated in a MDOC Facility filed by Robert Johannes. (Manville, Daniel) (Entered: 08/09/2015)	Aug. 9, 2015	Aug. 9, 2015 PACER
83	REPORT AND RECOMMENDATION re 38 MOTION to Certify Class, 40 MOTION to Modify Scheduling Order - Signed by Magistrate Judge Mona K. Majzoub. (LBar)	Aug. 11, 2015	Aug. 11, 2015 Clearinghouse
84	RESPONSE to 79 MOTION to Strike Plaintiff's Expert Witnesses filed by Robert Johannes. (Manville, Daniel) (Entered: 08/12/2015)	Aug. 12, 2015	Aug. 12, 2015 PACER
85	AMENDED 84 Response to Motion, 79 MOTION to Strike Plaintiff's Expert Witnesses by Robert Johannes (Attachments: # 1 Exhibit 1, Declaration of Expert Shulman) (Manville, Daniel) (Entered: 08/12/2015)	Aug. 12, 2015	Aug. 12, 2015 PACER
86	MOTION to Expedite CONSIDERATION OF MORE TIME TO TAKE DEPOSITIONS by Robert Johannes. (Manville, Daniel) (Entered: 08/13/2015)	Aug. 13, 2015	Aug. 13, 2015 PACER
87	REPLY to Response re 77 MOTION to Dismiss Plaintiffs Joseph Evans #146195 and Max Clinton Rogers #211322 and their Asserted Claims as Moot as Neither Plaintiff is Currently Incarcerated in a MDOC Facility filed by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 08/17/2015)	Aug. 17, 2015	Aug. 17, 2015 PACER
88	SUPPLEMENTAL BRIEF re 87 Reply to Response to Motion, to Dismiss Plaintiffs Joseph Evans and Max Clinton and their Asserted Claims as Moot filed by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Porter County Sheriff's Department records) (Govorchin, A.) (Entered: 08/18/2015)	Aug. 18, 2015	Aug. 18, 2015 PACER
89	OBJECTION to 83 Report and Recommendation by Robert Johannes. (Manville, Daniel) (Entered: 08/18/2015)	Aug. 18, 2015	Aug. 18, 2015 PACER
90	REPLY to Response re 79 MOTION to Strike Plaintiff's Expert Witnesses filed by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Defendants' Second Set of Discovery Requests to Plaintiffs, # 3 Exhibit B. Defendant's Response to Plaintiffs' Third Set of Discovery Requests, # 4 Exhibit C. Defendant's Response to Plaintiffs' Fifth Set of Discovery) (Wood, Rock) (Entered: 08/19/2015)	Aug. 19, 2015	Aug. 19, 2015 PACER
91	STIPULATION AND ORDER Granting Leave to Depose Prisoners - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 08/25/2015)	Aug. 25, 2015	Aug. 25, 2015 PACER
92	STIPULATION AND ORDER Granting Leave to Depose Prisoner - Signed by Magistrate Judge Mona K. Majzoub. (LBar) (Entered: 08/25/2015)	Aug. 25, 2015	Aug. 25, 2015 PACER
93	OBJECTION to 83 Report and Recommendation by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 08/25/2015)	Aug. 25, 2015	Aug. 25, 2015 PACER
94	OBJECTION to 83 Report and Recommendation - Corrected by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 08/25/2015)	Aug. 25, 2015	Aug. 25, 2015 PACER
95	RESPONSE to 86 MOTION to Expedite CONSIDERATION OF MORE TIME TO TAKE DEPOSITIONS filed by Daniel H. Heyns, Dalton Sanders. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - emails, # 3 Exhibit B - Dr. Williams dep, # 4 Exhibit C - case decisions) (Wood, Rock) (Entered: 08/27/2015)	Aug. 27, 2015	Aug. 27, 2015 PACER
96	Third MOTION to Compel by Robert Johannes. (Attachments: # 1 Index of Exhibits 1, Exhibit List, # 2 Exhibit 2, Rule 37 Letter, # 3 Exhibit 3, Response to Rule 37 Letter, # 4 Exhibit 4. Responses to 7th Discovery Rrequest, # 5 Exhibit 5, Responses to 8th Discovery Request, # 6 Exhibit 6, Responses to 9th Discovery Request, # 7 Exhibit 7, Responses to 10th Discovery Request, # 8 Exhibit 8, Responses to 11th Discovery Request, # 9 Exhibit 9, Responses to 12th Discovery Request) (Manville, Daniel) (Entered: 08/29/2015) 1 Index of Exhibits 1, Exhibit List View on PACER 2 Exhibit 2, Rule 37 Letter View on PACER 3 Exhibit 3, Response to Rule 37 Letter View on PACER 4 Exhibit 4. Responses to 7th Discovery Rrequest View on PACER 5 Exhibit 5, Responses to 8th Discovery Request View on PACER 6 Exhibit 6, Responses to 9th Discovery Request View on PACER 7 Exhibit 7, Responses to 10th Discovery Request View on PACER 8 Exhibit 8, Responses to 11th Discovery Request View on PACER 9 Exhibit 9, Responses to 12th Discovery Request View on PACER	Aug. 29, 2015	Aug. 29, 2015 PACER