Barfield v. Semple

Barfield v. Semple

2019 WL 3562021

Barfield v. Semple

2019 WL 3680331

COMPLAINT Verified against Scott Semple ( Filing fee $400 receipt number ACTDC-4906404.), filed by Robert Barfield.(Krayeske, Kenneth) (Entered: 07/19/2018)

Judge Michael P. Shea added. (Anastasio, F.)

Order on Pretrial Deadlines: Motions to Dismiss due on 10/19/2018. Amended Pleadings due by 9/17/2018. Discovery due by 1/18/2019. Dispositive Motions due by 2/17/2019. Signed by Clerk on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/19/2018. (Peterson, M) (Entered: 07/20/2018)

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Order on Pretrial Deadlines, 3 Electronic Filing Order, 4 Protective Order, 1 Complaint filed by Robert Barfield Signed by Clerk on 07/20/2018. (Peterson, M) (Entered: 07/20/2018)

NOTICE of Appearance by DeVaughn L. Ward on behalf of Robert Barfield (Ward, DeVaughn) (Entered: 07/22/2018)

Request for Clerk to issue summons as to Scott Semple. (Krayeske, Kenneth)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Scott Semple* with answer to complaint due within *21* days. Attorney *Kenneth James Krayeske* *Kenneth J. Krayeske Law Offices* *255 Main St., 5th Floor* *Hartford, CT 06106*. (Peterson, M) (Entered: 07/27/2018)

SUMMONS Returned Executed by Robert Barfield. Scott Semple served on 8/7/2018, answer due 8/28/2018. (Krayeske, Kenneth) (Entered: 08/15/2018)

NOTICE of Appearance by Terrence M. O'Neill on behalf of Scott Semple (O'Neill, Terrence) (Entered: 08/22/2018)

NOTICE of Appearance by Steven R. Strom on behalf of Scott Semple (Strom, Steven) (Entered: 08/22/2018)

Consent MOTION for Extension of Time until September 28, 2018 to file defendant's answer and defenses or otherwise file a motion directed to the complaint by Scott Semple. (Strom, Steven) (Entered: 08/22/2018)

ORDER. The 11 motion for extension of time is hereby GRANTED. The defendant will have until September 28, 2018 to respond to the complaint. Signed by Judge Michael P. Shea on 8/23/2018. (Self, A.) (Entered: 08/23/2018)

Answer deadline updated for Scott Semple to 9/28/2018. (Johnson, D.)

MOTION to Strike 1 Complaint by Scott Semple.Responses due by 10/19/2018 (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Strom, Steven) (Entered: 09/28/2018)

MOTION to Dismiss by Scott Semple.Responses due by 10/19/2018 (Attachments: # 1 Memorandum in Support, # 2 Attachment)(Strom, Steven) (Entered: 09/28/2018)

ORDER. Defendant has filed a 13 motion to dismiss Plaintiffs complaint for failure to state a claim. On or before, October 21, 2018, Plaintiff shall either file a response to the motion or file an amended complaint in which Plaintiff pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants memorandum of law. The Court will not allow further amendments after October 21, 2018. If Plaintiff chooses to amend and if Defendant renews the motion to dismiss, Defendant may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 10/1/2018. (Self, A.) (Entered: 10/01/2018)

Set Deadlines as to 14 MOTION to Dismiss .(Responses due by 10/21/2018, ), or( Amended Complaint due by 10/21/2018) (Johnson, D.)

First MOTION for Extension of Time until November 20, 2018 To file an Amended Complaint or Respond to the Motion to Dismiss Set Motion and Rcmd Ruling Deadlines/Hearings, Set Deadlines/Hearings by Robert Barfield. (Krayeske, Kenneth) (Entered: 10/03/2018)

ORDER. The 16 motion for extension of time is hereby GRANTED. The plaintiff shall have until November 20, 2018 in which to file his amended pleading or responses to the 14 motion to dismiss and 13 motion to strike. Further extensions are unlikely. Signed by Judge Michael P. Shea on 10/4/2018. (Self, A.) (Entered: 10/04/2018)

Set/Reset Deadlines as to 14 MOTION to Dismiss .(Responses due by 11/20/2018, ),or ( Amended Pleadings due by 11/20/2018) (Johnson, D.)

ORDER. The Court has reviewed the file in this case to monitor the parties' compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties file on or before October 25, 2018, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a Form 26(f) report; or (2) a Form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties' failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Judge Michael P. Shea on 10/11/2018. (Self, A.) (Entered: 10/11/2018)

Set Deadlines: Rule 26 Meeting Report due by 10/25/2018 (Johnson, D.)

Joint REPORT of Rule 26(f) Planning Meeting. (Krayeske, Kenneth) (Entered: 10/25/2018)

ORDER: In response to this Court's order directing them to file a Rule 26(f) Report and show cause why sanctions should not be imposed for their failure to file one within the time limits set by the rules, the parties point to language in this Court's Local Rule 26(f) stating that it does not apply to "prisoner petitions." L.R. 26(f)(3). Whatever the scope of that term, however, it cannot be read to encompass a counseled case such as this one. A district court has no authority to promulgate rules that are inconsistent with the Federal Rules of Civil Procedure, see 28 U.S.C. Sec. 2071(a), and Federal Rule of Civil Procedure 26 clearly requires the parties in a case in which a prisoner is represented by counsel to hold a planning conference and submit a report to the Court outlining a proposed case management plan. Fed. R. Civ. P. 26(f); Fed. R. Civ. P. 26(a)(1)(B)(exempting, with respect to prisoners, only "an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision"). Therefore, the parties are required, by both the plain terms of Federal Rule 26(f) and by the only permissible reading of Local Rule 26(f) to file a Rule 26(f) Report. Furthermore, even if the rules did not require them to do so, the Court would order them to do so under its duty to manage the case efficiently and justly. See generally Fed. R. Civ. P. 1, 16. The Court requires the parties' assistance to assemble a case management plan in a proposed class action such as this one. Accordingly, the parties shall confer and file a fulsome Rule 26(f) Report, including their positions as to class certification and proposed briefing on any motion for class certification, within 7 days of this order. The Court will not impose sanctions given that the parties' failure to file a report previously has been explained by their interpretation of the Local Rule, incorrect though I find it to be. Signed by Judge Michael P. Shea on 10/26/2018. (Ram, Megha) (Entered: 10/26/2018)

Joint REPORT of Rule 26(f) Planning Meeting. (Strom, Steven) (Entered: 11/01/2018)

ORDER: In light of the parties' 21 Rule 26(f) report requesting a pretrial conference with the Court before entry of a scheduling order, a telephonic status conference is hereby scheduled for November 26, 2018 at 11:00 AM. Chambers will email counsel about the logistics of the telephone call. Signed by Judge Michael P. Shea on 11/6/2018. (Ram, Megha) (Entered: 11/06/2018)

Set Deadlines/Hearings: Telephonic Status Conference set for 11/26/2018 11:00 AM before Judge Michael P. Shea (Johnson, D.)

MOTION to Amend/Correct 1 Complaint by Robert Barfield.Responses due by 12/11/2018 (Attachments: # 1 Proposed Amended Complaint, # 2 Redline of Original/Amended Complaint, # 3 Tatem, Darnell Consent to Join, # 4 Barberi, Jason Consent to Join, # 5 Knapp, John Consent to Join, # 6 Davis, Curtis Consent to Join)(Krayeske, Kenneth) (Entered: 11/20/2018)

MOTION for Joinder re 23 MOTION to Amend/Correct 1 Complaint filed by Robert Barfield by Robert Barfield. (Krayeske, Kenneth) (Entered: 11/20/2018)

ORDER: The telephonic status conference previously scheduled for November 26, 2018 is hereby RESCHEDULED to December 4, 2018 at 2:30pm. Signed by Judge Michael P. Shea on 11/21/2018. (Ram, Megha) (Entered: 11/21/2018)

Set Deadlines/Hearings: Telephonic Status Conference set for 12/4/2018 02:30 PM before Judge Michael P. Shea (Johnson, D.)

Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 12/4/2018. 30 minutes(Court Reporter Marshall.) (Johnson, D.) (Entered: 12/06/2018)

SCHEDULING ORDER: Upon consideration of the parties' 21 Joint Report of Rule 26(f) Planning Meeting, and the telephone status conference held on December 4, 2018, the Court orders the deadlines set forth in the attached. Signed by Judge Michael P. Shea on 12/5/2018. (Ram, Megha) (Entered: 12/05/2018)

Set Deadlines/Hearings: Discovery due by 5/1/2019; Joint Status Report due by 2/18/2019; Telephonic Status Conference set for 2/25/2019 11:30 AM before Judge Michael P. Shea (Johnson, D.)

Memorandum in Opposition re 23 MOTION to Amend/Correct 1 Complaint filed by Scott Semple. (Strom, Steven) (Entered: 12/11/2018)

Memorandum in Opposition re 24 MOTION for Joinder re 23 MOTION to Amend/Correct 1 Complaint filed by Robert Barfield filed by Scott Semple. (Attachments: # 1 Exhibit A)(Strom, Steven) (Entered: 12/11/2018)

For the reasons set forth in the attached, the 23 motion to amend and the 24 motion for joinder are hereby GRANTED. As such, the 13 motion to strike and the 14 motion to dismiss are DENIED AS MOOT. Signed by Judge Michael P. Shea on 12/18/2018. (Ram, Megha) (Entered: 12/18/2018)

AMENDED COMPLAINT against Scott Semple, filed by Robert Barfield.(Krayeske, Kenneth) (Entered: 12/20/2018)

MOTION to Certify Class by Robert Barfield.Responses due by 1/10/2019 (Attachments: # 1 Memorandum in Support of motion for Class Certification, # 2 Exhibit 1-8 in support of Class Certification)(Krayeske, Kenneth) (Entered: 12/20/2018)

ORDER: The Plaintiffs filed an 31 amended complaint on the docket. The document appears to be the same as the 1 initial complaint instead of the [23-1] proposed amended complaint. It therefore does not appear to be the operative complaint. The Plaintiffs shall file the [23-1] amended complaint separately as the "Corrected First Amended Complaint." Once the correct version of the complaint is docketed, Defendants shall have 14 days to respond pursuant to Fed. R. Civ. P. 15(a)(3). Signed by Judge Michael P. Shea on 12/21/2018. (Ram, Megha) (Entered: 12/21/2018)

ORDER: The Plaintiffs filed a 32 motion to certify class. Pursuant to the Court's 26 scheduling order, the Plaintiffs may file a supplemental brief on class certification of no more than 25 pages by May 15, 2019. The Defendant shall file any brief in opposition to class certification by June 6, 2019. The Plaintiffs may file a reply by June 20, 2019. Signed by Judge Michael P. Shea on 12/21/2018. (Ram, Megha) (Entered: 12/21/2018)

AMENDED COMPLAINT Corrcted First Amended Complaint against Scott Semple, filed by Robert Barfield. (Attachments: # 1 Exhibit 1 - Policy G 2.04)(Krayeske, Kenneth) (Entered: 12/21/2018)

1 Exhibit 1 - Policy G 2.04

View on PACER

Set Deadlines as to 32 MOTION to Certify Class . Supplemental brief due by 5/15/2019; Opposition due by 6/6/2019; Reply due by 6/20/2019 (Johnson, D.)

Supplemental MOTION to Dismiss Memorandum of Law by Scott Semple.Responses due by 1/25/2019 (O'Neill, Terrence) (Entered: 01/04/2019)

MOTION for Extension of Time to File Response/Reply as to 36 Supplemental MOTION to Dismiss Memorandum of Law until February 24, 2019 by Robert Barfield. (Krayeske, Kenneth) (Entered: 01/21/2019)

ORDER: The 37 motion for extension of time is GRANTED. The Plaintiff's response to the 36 motion to dismiss shall be due by February 24, 2019. Signed by Judge Michael P. Shea on 1/22/2019. (Ram, Megha) (Entered: 01/22/2019)

Reset Deadlines as to 36 Supplemental MOTION to Dismiss Memorandum of Law. Responses due by 2/24/2019 (Johnson, D.)

Consent MOTION for Extension of Time until March 11, 2019 and March 25, 2019 to send defendants objections and/or initial responses to plaintiff's counsel with regard to the first set of requests for production and first set of interrogatories and to file responses to the same first set of requests for production and interrogatories by Scott Semple. (Strom, Steven) (Entered: 01/31/2019)

ORDER: The 39 consent motion for extension is GRANTED. The Defendant shall send objections and/or initial responses to Plaintiff's counsel with regard to the first set for requests for production and first set of interrogatories by March 11, 2019. The Defendant shall file responses to the same set of requests for production and interrogatories by March 25, 2019. Signed by Judge Michael P. Shea on 2/1/2019. (Ram, Megha) (Entered: 02/01/2019)

Joint STATUS REPORT by Robert Barfield. (Krayeske, Kenneth) (Entered: 02/19/2019)

ORDER: In light of the 41 joint status report, the telephonic status conference set for February 25, 2019 is hereby CANCELLED. Signed by Judge Michael P. Shea on 2/20/2019. (Ram, Megha) (Entered: 02/20/2019)

OBJECTION re 36 Supplemental MOTION to Dismiss Memorandum of Law filed by Robert Barfield. (Krayeske, Kenneth) (Entered: 02/25/2019)

MOTION to Substitute Party by Robert Barfield. (Krayeske, Kenneth) (Entered: 03/26/2019)

MOTION for Extension of Time of various deadlines 26 Order, by Robert Barfield. (Krayeske, Kenneth) (Entered: 03/27/2019)

ORDER: The 45 motion is GRANTED IN PART and DENIED IN PART. The Court hereby sets the following deadlines:First phase discovery: August 15, 2019Plaintiff's expert report: May 15, 2019Deposition of Plaintiff's expert: June 15, 2019Plaintiff's damages analysis: May 15, 2019Rebuttal by Defendant's expert: July 15, 2019Deposition of Defendant's expert: August 15, 2019Given the length of these extensions, further extensions are unlikely to be granted. Signed by Judge Michael P. Shea on 4/2/2019. (Ram, Megha) (Entered: 04/02/2019)

Order on Motion for Extension of Time

NOTICE by Robert Barfield of Supplemental Authority (Attachments: # 1 Exhibit 1)(Krayeske, Kenneth) (Entered: 04/22/2019)

ORDER: Absent objection, the 44 motion to substitute Rollin Cook as the official capacity representative for the Connecticut Department of Correction is GRANTED. The Clerk is instructed to update the case caption accordingly. Signed by Judge Michael P. Shea on 4/23/2019. (Ram, Megha) (Entered: 04/23/2019)

Order on Motion to Substitute Party

NOTICE re Scott Semple terminated in error. Signed by Clerk on 4/25/19.(Johnson, D.) (Entered: 04/25/2019)

Notice

Second NOTICE by Robert Barfield of Supplemental Authority (Attachments: # 1 Exhibit 1 Order, # 2 Exhibit 2 Approval, # 3 Exhibit 3 Memorandum)(Krayeske, Kenneth) (Entered: 05/13/2019)

Memorandum in Support re 32 MOTION to Certify Class Supplemental Brief filed by Robert Barfield. (Attachments: # 1 Exhibit 1 - Dr. Kim's Declaration, # 2 Exhibit 2 - HepCURB Minutes, # 3 Exhibit 3 - G 2.04 and revisions, # 4 Exhibit 4 - MN 204 Oral Arguments, # 5 Exhibit 5 - Documents for 68 of Dr. Kim, # 6 Exhibit 6 - Newspaper Case, # 7 Exhibit 7 - Defendant's Interrogatory Responses, # 8 Exhibit 8 - Sub HB 6546, # 9 Exhibit 9 - OFA Fiscal Note, # 10 Exhibit 10 - Study at NHCC, # 11 Exhibit 11 - February 2016 email, # 12 Exhibit 12 - November 2016 Spreadsheet, # 13 Exhibit 13 - Atty Strom Email, # 14 Exhibit 14 - Consent Form and G 2.04 comments)(Krayeske, Kenneth) (Entered: 05/15/2019)

Memorandum in Opposition re 32 MOTION to Certify Class filed by Rollin Cook, Scott Semple. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Davis, Thomas) (Entered: 06/06/2019)

REPLY to Response to 32 MOTION to Certify Class filed by Robert Barfield. (Attachments: # 1 Exhibit 15 - Emails, # 2 Exhibit 16 - Dr. Pino Testimony, # 3 Exhibit 17 - Semple Letter, # 4 Exhibit 18 - Impact Fund Article)(Krayeske, Kenneth) (Entered: 06/20/2019)

REPLY to Response to 32 MOTION to Certify Class Second - Supplemental Response filed by Robert Barfield. (Attachments: # 1 Exhibit 19 - Dr. Kim Deposition Excerpts)(Krayeske, Kenneth) (Entered: 07/10/2019)

MOTION for Preliminary Injunction by Robert Barfield.Responses due by 8/5/2019 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - SEIU Transcript)(Krayeske, Kenneth) (Entered: 07/15/2019)

NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Rollin Cook, Scott Semple re 46 Order on Motion for Extension of Time,, DEFENDANTS' EXPERT REPORT (Strom, Steven) (Entered: 07/15/2019)

NOTICE of Appearance by Steven R. Strom on behalf of Rollin Cook (Strom, Steven) (Entered: 07/19/2019)

MOTION for Extension of Time until September 5, 2019 to file the defendant's opposition to plaintiffs' motion for a preliminary injunction 55 MOTION for Preliminary Injunction by Rollin Cook, Scott Semple. (Strom, Steven) (Entered: 07/19/2019)

ORDER: The 58 motion for extension is GRANTED. Defendants shall have until September 5, 2019 to file a response to the 55 motion for preliminary injunction.Signed by Judge Michael P. Shea on 7/22/2019. (Ram, Megha) (Entered: 07/22/2019)

Order on Motion for Extension of Time

Set Motion and Rcmd Ruling Deadlines/Hearings

Set Deadlines as to 55 MOTION for Preliminary Injunction. Responses due by 9/5/2019. (Peterson, M)

ORDER: For the reasons discussed in the attached, all claims brought by Plaintiff Davis and all claims concerning opt-out testing and identification of prisoners with HCV are DISMISSED for lack of standing; and the Defendants' motion to dismiss is GRANTED as to the Eighth Amendment claim against Semple in his individual capacity, GRANTED as to the Americans with Disabilities Act and Rehabilitation Act claims, and DENIED as to the Eighth Amendment claim against Cook in his official capacity.Signed by Judge Michael P. Shea on 8/6/2019. (Ram, Megha) (Entered: 08/06/2019)

ORDER: For the reasons discussed in the attached, the 32 motion for class certification is GRANTED to the extent set forth in this ruling. Accordingly, the Court orders as follows:First, the following class is certified: All sentenced persons (1) who have been or will be diagnosed with chronic Hepatitis C; (2) who are or will be in the custody of the Connecticut Department of Corrections; and (3) who have at least sixteen weeks remaining to serve on their sentences. Second, Robert Barfield, John Knapp, Darnell Tatem, and Jason Barberi are appointed as class representatives. Third, Attorneys Kenneth J Krayeske and DeVaughn L. Ward are appointed as class counsel. Signed by Judge Michael P. Shea on 8/6/2019. (Ram, Megha) (Entered: 08/06/2019)

ANSWER to 35 Amended Complaint with Affirmative Defenses. by Rollin Cook.(Strom, Steven) (Entered: 08/20/2019)

NOTICE of Appearance by Terrence M. O'Neill on behalf of Rollin Cook (O'Neill, Terrence) (Entered: 08/21/2019)

Memorandum in Opposition re 55 MOTION for Preliminary Injunction filed by Rollin Cook. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Strom, Steven) (Entered: 09/05/2019)

Memorandum in Support re 55 MOTION for Preliminary Injunction filed by Rollin Cook. (Strom, Steven) (Entered: 09/05/2019)

MOTION Evidentiary Hearing re 65 Memorandum in Support of Motion by Rollin Cook.Responses due by 9/26/2019 (Strom, Steven) (Entered: 09/05/2019)

MOTION for to Remove Confidential Designation from Deposition Transcript and Exhibits of Dr. Chad Zawitz Order by Robert Barfield. (Attachments: # 1 Memorandum in Support of Motion for Order to Remove Confidential Designation, # 2 Exhibit One Redacted - Deposition Trasncript of Dr. Chad Zawitz, # 3 Exhibit 2 - Email from September 10, 2019, # 4 Exhibit 3 - Email from April 4, 2019, # 5 Exhibit 4 - Letter from April 12, 2019)(Krayeske, Kenneth) (Entered: 09/11/2019)

MOTION to Seal Unredacted Memorandum of Law in Support of Motion for Order to Remove Confidential Designation and Exhibit of Deposition Transcript by Robert Barfield. (Attachments: # 1 Memorandum in Support Of Motion to Seal, # 2 Text of Proposed Order To Seal)(Krayeske, Kenneth) (Entered: 09/11/2019)

SEALED MOTION Unredacted Memorandum in Support of Motion for Order to Remove COnfidential Designation and Exhibit 1, Deposition Transcript of Dr. Chad Zawitz by Robert Barfield. (Attachments: # 1 Exhibit 1 Dr. Chad Zawitz Deposition)(Krayeske, Kenneth) (Entered: 09/11/2019)

MOTION for Extension of Time until December 19, 2019 to Reply to 64 Memorandum in Opposition to Motion by Robert Barfield. (Krayeske, Kenneth) (Entered: 09/11/2019)

ORDER: The Court hereby schedules an in-court conference for October 24, 2019 at 10am. This will not be an evidentiary hearing on the pending motion for preliminary injunction. Rather, the parties shall be prepared to discuss (1) legal issues with respect to the preliminary injunction, (2) the extent and nature of any evidentiary hearing needed, including the number and identities of witnesses expected to testify and the amount of time needed to present the evidence; (3) whether they would be interested in a referral to a Magistrate Judge for settlement purposes; and (4) the sealing issues raised in Plaintiffs' 67 and 68 motions. In addition, the Plaintiffs' 70 motion for extension is GRANTED IN PART and DENIED IN PART. Plaintiffs shall have until October 31, 2019 to file a reply. The Court will address the Plaintiffs' requests to file a 25-page reply brief and add to the record at the October 24, 2019 conference.Finally, the Plaintiffs' 69 memorandum of law should have been filed as a sealed document and not as a sealed motion. The Clerk shall re-docket the 69 filing as a sealed document. Signed by Judge Michael P. Shea on 9/12/2019. (Ram, Megha) (Entered: 09/12/2019)

Order on Motion for Extension of Time

Set Motion and Rcmd Ruling Deadlines/Hearings

Set Deadlines/Hearings

Sealed Document: Unredacted Memorandum in Support of Motion for Order to Remove Confidential Designation and Exhibit 1, Deposition Transcript of Dr. Chad Zawitz by Robert Barfield. (Attachments: # 1 Exhibit 1 Dr. Chad Zawitz Deposition) (Peterson, M) (Entered: 09/12/2019)

Set Deadlines/Hearings: Status Conference set for 10/24/2019 10:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.)

Set Deadlines as to 55 MOTION for Preliminary Injunction . Responses due by 10/31/2019 (Johnson, D.)

Consent RESPONSE re 66 MOTION Evidentiary Hearing re 65 Memorandum in Support of Motion filed by Robert Barfield. (Krayeske, Kenneth) (Entered: 09/26/2019)

MOTION for Issuance of Habeas for Court Appearance Order by Robert Barfield. (Krayeske, Kenneth) (Entered: 10/10/2019)

Memorandum in Opposition re 74 MOTION for Issuance of Habeas for Court Appearance Order filed by Rollin Cook. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strom, Steven) (Entered: 10/11/2019)

ORDER: Plaintiff's motion 74 requesting that the court issue a writ of habeas corpus to have the Connecticut Department of Correction transport Mr. Barfield to district court to attend the 10/24/19 conference is DENIED. The conference will not be long and will be limited to a discussion of legal and scheduling issues. This does not warrant the expense and burden of transporting one of the several plaintiffs to the conference. Signed by Judge Michael P. Shea on 10/21/19. (Constantine, A.) (Entered: 10/21/2019)

Order on Motion for Order

ORDER: As stated by the Court on the record during a status conference on 10/24/19, the court enters the following orders:The motion for preliminary injunction 55 is withdrawn at the request of the moving party.The defendant's motion for an evidentiary hearing 65 is denied as moot. The plaintiffs' motion to remove confidential designation 67 is granted for the reasons stated during the status conference. The plaintiffs' motion to seal 68 is denied as moot in light of the court's ruling on ECF 67. Signed by Judge Michael P. Shea on 10/24/2019. (Constantine, A.) (Entered: 10/24/2019)