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

Clearinghouse coding complete

Case Summary

An incarcerated individual in the custody of the Michigan Department of Corrections (MDOC), filed this lawsuit on March 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 alleged that t…

An incarcerated individual in the custody of the Michigan Department of Corrections (MDOC), filed this lawsuit on March 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 alleged that the denial of routine dental care constituted cruel and unusual punishment in violation of the Eighth Amendment. Specifically, the plaintiff argued that MDOC was deliberately indifferent to incarcerated persons’ dental needs and thus caused serious health complications. Plaintiff sought declaratory and injunctive relief and the case was assigned to 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, including those who were confined in MDOC facilities but located in local jails, denied dental care and treatment. The five subclasses referred to were individuals: (1) 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; (2) who are within one year of release date and denied dental care because of a different written policy; (3) whose teeth are in need of repairs but are only given the option of extraction; (4) 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 have been incarcerated more than two years and are not within one-year of release, and who have lost natural teeth that require replacement. 

The magistrate judge recommended class certification on August 11, 2015. The defendant 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: (1) plaintiffs failed to offer sufficient proof of their as-applied claims constituting a systemic issue; (2) plaintiffs might not have been adequate class representatives and their claims might have been atypical of those they sought to represent; and (3) plaintiffs may have failed the definiteness requirement, also referred to as ascertainability, for the class definitions. The judge also reminded counsel of the court’s civility principles in discovery. 

The defendant was given leave to file 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. On March 17, 2016, the district judge adopted this recommendation and dismissed the cases of the plaintiffs no longer incarcerated. 

The magistrate judge further recommended granting the defendant’s motion for dismissal on January 19, 2016 in large part because all of the named plaintiffs except for the first one failed to complete the MDOC’s formal grievance process before bringing the case, which meant that many of the plaintiffs did not comply with the 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. Defendants objected to the magistrate judge’s finding because she did not address the broader argument that plaintiffs’ claims were more comprehensively unexhausted since they did not complete the grievance process with respect to all of their claims, rather than merely the claims against the general dentist, before commencing the action. The district judge rejected the recommendation to dismiss due to a failure to name all defendants. Referring to a similar Sixth Circuit holding, the district judge found that MDOC officials could not complain about the defect during litigation when the MDOC had previously overlooked or forgave a procedural defect. 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.   

On March 28, 2017, one of the named defendants filed a motion to dismiss or for summary judgment the claims of two of the plaintiffs as moot due to a failure to exhaust administrative remedies. The district judge noted the odd timing of the motion, with discovery related to class certification ongoing and the defendant already having filed a motion for summary judgment. Despite plaintiffs claiming that they were unable to exhaust remedies because the dental staff never informed them of their diagnosis of periodontal disease, the district judge was unpersuaded that MDOC prevented plaintiffs from being able to exhaust administrative remedies. 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 were dismissed. The district judge reiterated her earlier urging that the parties work together to crystalize the class claims. 

On July 14, 2017, the plaintiffs again filed a class certification motion. The motion was renewed on September 18, 2017. One day later, the plaintiffs withdrew their class certification motion while one of the named defendants filed a motion for an evidentiary hearing on the issue of exhaustion of administrative remedies.

Plaintiffs filed their 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. 

Plaintiffs filed a class certification motion on March 2, 2018, which was granted in part and denied in part by the district judge 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. Proposed Class I, consisting of all prisoners with fewer than two years of consecutive incarceration (approximately half of all people imprisoned in the MDOC), was found to be too broad and likely to include significant variation in dental health. The court held that the lack of class certification did not preclude plaintiffs from pursuing their claim that the MDOC’s two-year rule violated the Eighth Amendment. Applying the same reasoning to Class IVA (all prisoners on the Routine Dental Appointment List), the court denied class certification as to that class. 330 F.R.D. 452.

The district judge found that plaintiffs’ proposed Class II (imprisoned people who do not receive proper treatment for periodontal disease) was “more a statement about alleged wrongful conduct than a statement about which prisoners are members of proposed Class II,” and created two revised classes, both of which were certified. Class IIA was defined as “prisoners incarcerated in an MDOC correctional facility who have caries that have reached the dentin or have early (or worse) periodontitis.” Class IIA’s claim was understood as exposure to a substantial risk of serious harm of which defendants were aware through a failure to use additional diagnostic techniques. Class IIB was defined as “all prisoners incarcerated in an MDOC correctional facility.” Class III (all imprisoned people who requested and qualified for dentures) and Class IVB (all prisoners whom the MDOC had identified as awaiting urgent dental care) were also both certified. 330 F.R.D. 452. 

Plaintiffs agreed on October 9, 2019, to remove several of the named plaintiffs as class representatives, leaving only four class representatives with certified class claims. Two pro se pleadings to join the plaintiffs were filed on December 6 and 9, 2019 and were later withdrawn on January 15, 2020.

On September 21, 2020, plaintiffs filed a motion for reconsideration on the refusal to certify a class of all prisoners in the MDOC’s custody and to expand Classes IIA and IIB to include all prisoners. On August 20, 2021, the court granted the motion in part, redefining Class IIB as “all prisoners incarcerated in an MDOC correctional facility with healthy gums or gingivitis” and created Class IIC, which was defined as “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.” 2021 WL 3700867.

As of March 28, 2022, this case is ongoing.

 

Summary Authors

Hannah Juge (3/28/2022)

People

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

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

2015 WL 5634446

Sept. 25, 2015

Sept. 25, 2015

Order/Opinion
117

2:14-cv-11691

Report and Recommendation

Johannes v. Washington

2015 WL 10521551

Nov. 6, 2015

Nov. 6, 2015

Magistrate Report/Recommendation
132

2:14-cv-11691

Report and Recommendation

Johannes v. Washington

2016 WL 8231172

Jan. 19, 2016

Jan. 19, 2016

Magistrate Report/Recommendation
156

2:14-cv-11691

Order Adopting Report and Recommendation and Granting Evans and Rogers' Motion to Dismiss

Johannes v. Washington

2016 WL 1060449

March 17, 2016

March 17, 2016

Order/Opinion
158

2:14-cv-11691

Opinion and Order Adopting in Part Report and Recommendation

Johannes v. Washington

2016 WL 1253266

March 31, 2016

March 31, 2016

Order/Opinion
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

2017 WL 4038890

Sept. 12, 2017

Sept. 12, 2017

Order/Opinion
253

2:14-cv-11691

Opinion and Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification

Dearduff v. Washington

330 F.R.D. 452

Feb. 13, 2019

Feb. 13, 2019

Order/Opinion

Resources

Docket

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

Last updated June 4, 2022, 3:12 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
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

PACER
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
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) (Entered: 01/29/2015)

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
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
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) (Entered: 08/11/2015)

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
97

REPLY to Response re 86 MOTION to Expedite CONSIDERATION OF MORE TIME TO TAKE DEPOSITIONS filed by Robert Johannes. (Manville, Daniel) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
98

RESPONSE to 89 Objection to Report and Recommendation by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
99

REPLY to Response re 83 REPORT AND RECOMMENDATION re 38 MOTION to Certify Class filed by Robert Johannes, 40 MOTION re 18 Scheduling Order to modify Allowing More Admissions filed by Robert Johannes filed by Robert Johannes. (Manville, Daniel) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
100

RESPONSE to 94 Objection to Report and Recommendation, 83 REPORT AND RECOMMENDATION re 38 MOTION to Certify Class filed by Robert Johannes, 40 MOTION re 18 Scheduling Order to modify Allowing More Admissions filed by Robert Johannes by Robert Johannes. (Attachments: # 1 Exhibit 1, Rouse v. Caruso,unpublished) (Manville, Daniel) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
101

REPLY to 100 Response (Free), to Objections to Report and Recommendation by Daniel H. Heyns, Dalton Sanders. (Wood, Rock) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 28, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals incarcerated in the Michigan Department of Corrections (MDOC) who have been denied routine dental care.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

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)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Grievance Procedures

Neglect by staff

Medical/Mental Health:

Dental care

Type of Facility:

Government-run