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Case: Roppolo v. Linthicum

2:19-cv-00262 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 11, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 11, 2017, individuals with Hepatitis C detained by the state of Texas brought this suit against the Texas Department of Criminal Justice (TDCJ) and its medical providers: Correctional Managed Healthcare Committee and the University of Texas Medical Branch. Hepatitis C, if left untreated, causes severe damage to a person’s liver. Yet Texas jails refused to provide Direct Acting Antiviral (DAA) medications, which the plaintiffs alleged was the treatment needed to comply with the Eigh…

On September 11, 2017, individuals with Hepatitis C detained by the state of Texas brought this suit against the Texas Department of Criminal Justice (TDCJ) and its medical providers: Correctional Managed Healthcare Committee and the University of Texas Medical Branch. Hepatitis C, if left untreated, causes severe damage to a person’s liver. Yet Texas jails refused to provide Direct Acting Antiviral (DAA) medications, which the plaintiffs alleged was the treatment needed to comply with the Eighth Amendment. Plaintiffs, who were represented by private counsel, brought this case under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act. Represented by Edwards Law, a private law firm, plaintiffs sought declaratory and injunctive relief along with attorney’s fees. The case was assigned to Honorable Nelva Ramos for the US District Court for the Southern District of Texas.

The plaintiffs filed an amended complaint eight days later. In this second filing, the plaintiffs sought to represent a class of all current and future prisoners in TDJC custody who have been diagnosed, or who will be diagnosed, with chronic Hepatitis C and who are not already being treated with direct acting antiviral medications. The plaintiffs officially filed a motion to certify their class on October 4, 2019. The plaintiffs subsequently filed a second amended complaint on November 8, and a third amended complaint on January 9, 2020. The third amended complaint added additional named plaintiffs on behalf of the class.

On September 28, 2020, Judge Ramos granted a stay pending settlement discussions after being notified that the parties had reached a tentative agreement. The plaintiffs officially filed their motion for settlement on March 2, 2021, and Judge Ramos granted class certification on March 8. The final approved class consisted of a General Class (“All current and future inmates incarcerated in the Texas Department of Criminal Justice who have been diagnosed, or will be diagnosed, with chronic Hepatitis C, and who are subjected to TDCJ and the Texas Correctional Managed Health Care Committee’s policy and practice of failing to provide direct acting antiviral treatment to all inmates diagnosed with chronic Hepatitis C, and who are not receiving treatment with direct acting antiviral drugs”) and a Disability Subclass (“All current and future inmates incarcerated in the Texas Department of Criminal Justice who have been diagnosed, or will be diagnosed, with chronic Hepatitis C, and who are subjected to TDCJ and the Texas Correctional Managed Health Care Committee’s policy and practice of failing to provide direct acting antiviral treatment to all inmates diagnosed with chronic Hepatitis C, who are not receiving treatment with direct acting antiviral drugs, and who are at increased risk of liver-related illness, injury, or death due to their disability or any medical treatment necessary to treat their disability”).

The court retained jurisdiction to enforce the settlement until the entire class had: (1) completed treatment with DAA medications; (2) opted out of this agreement; (3) refused DAA treatment or refused what a reasonable medical provider would agree is a necessary predicate for DAA treatment; or (4) was no longer in TDCJ custody.

The court fielded objections to the proposed settlement by many different incarcerated individuals from various Texas prisons, but ultimately rejected the objections after concluding that the settlement was reasonable, adequate, and fair. On July 2, 2021, Judge Ramos approved the settlement agreement. The defendants agreed to provide DAA treatment to class members with chronic Hepatitis C according to a court-approved timeline; the settlement also required the defendants to provide at least 1,200 DAA treatments annually. To ensure that the defendants complied with these metrics, the defendants promised to provide quarterly reports setting out treatment schedules for people with Hepatitis C. The settlement provided that it would remain in force until the last class member received DAA treatment. Additionally, the defendants agreed to pay $950,000 in attorney’s fees and $42,605 in costs. 

The case is on-going as of February 23, 2022.

Summary Authors

Jordan Katz (12/30/2001)

Kevin Decker (2/23/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16184781/parties/roppolo-v-linthicum/


Judge(s)

Ramos, Nelva Gonzales (Texas)

Attorneys(s) for Plaintiff

Edwards, Jeffrey S. (Texas)

James, David Anthony (Texas)

Medlock, Scott Charles (Texas)

Singley, Michael (Texas)

Attorneys(s) for Defendant

Corbello, Courtney Brooke (Texas)

Daaboul, Rola (Texas)

Hudson, Eric Alan (Texas)

Hunsucker Prasad, Amy L (Texas)

Peroyea, Philip T (Texas)

Judge(s)

Ramos, Nelva Gonzales (Texas)

Attorneys(s) for Plaintiff

Edwards, Jeffrey S. (Texas)

James, David Anthony (Texas)

Medlock, Scott Charles (Texas)

Singley, Michael (Texas)

Attorneys(s) for Defendant

Corbello, Courtney Brooke (Texas)

Daaboul, Rola (Texas)

Hudson, Eric Alan (Texas)

Hunsucker Prasad, Amy L (Texas)

Peroyea, Philip T (Texas)

Wade, Landon Allen (Texas)

Documents in the Clearinghouse

Document

2:19-cv-00262

Docket [PACER]

Sept. 27, 2021

Sept. 27, 2021

Docket
1

2:19-cv-00262

Complaint

United States of America v. Crow

July 31, 2019

July 31, 2019

Complaint
35

2:19-cv-00262

Plaintiff's Third Amended Class Action Complaint

Jan. 9, 2020

Jan. 9, 2020

Complaint
106

2:19-cv-00262

Order Staying Case Pending Settlement

Sept. 28, 2020

Sept. 28, 2020

Order/Opinion
132-2

2:19-cv-00262

Exhibit 1 - Settlement Agreement

March 1, 2021

March 1, 2021

Settlement Agreement
138

2:19-cv-00262

Order Granting Class Certification, Approving Class Notice, And Setting Date For Fairness Hearing

March 8, 2021

March 8, 2021

Order/Opinion
132

2:19-cv-00262

Plaintiff's Roppolo, Allen, Cook, and Valdez's Unopposed Motion To Certify Settlement Class And Approve Class Action Settlement

March 21, 2021

March 21, 2021

Pleading / Motion / Brief
154

2:19-cv-00262

Amended Order Granting Class Ceritification

March 25, 2021

March 25, 2021

Order/Opinion
314

2:19-cv-00262

Final Order and Judgment Approving Class Action Settlement and Attorneys' Fees

July 2, 2021

July 2, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16184781/roppolo-v-linthicum/

Last updated Sept. 3, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-23158395) filed by Matthew Roppolo. (Attachments: # 1 Civil Cover Sheet)(Edwards, Jeffrey) (Entered: 09/11/2019)

1 Civil Cover Sheet

View on PACER

Sept. 11, 2019

Sept. 11, 2019

Clearinghouse
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/12/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(ChristinaAvila, 2) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

RECAP
3

First AMENDED COMPLAINT against Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick filed by Matthew Roppolo. Related document: 1 Complaint filed by Matthew Roppolo.(Edwards, Jeffrey) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

RECAP
4

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons for Murray, # 2 Summons for Raimer, # 3 Summons for Jumper, # 4 Summons for Burrow, # 5 Summons for Hudson, # 6 Summons for Wyrick, # 7 Summons for Burruss, # 8 Summons for Johnson, # 9 Summons for Garcia, # 10 Summons for TDCJ, # 11 Summons for UTMB)(Edwards, Jeffrey) (Entered: 09/20/2019)

1 Summons for Murray

View on PACER

2 Summons for Raimer

View on PACER

3 Summons for Jumper

View on PACER

4 Summons for Burrow

View on PACER

5 Summons for Hudson

View on PACER

6 Summons for Wyrick

View on PACER

7 Summons for Burruss

View on PACER

8 Summons for Johnson

View on PACER

9 Summons for Garcia

View on PACER

10 Summons for TDCJ

View on PACER

11 Summons for UTMB

View on PACER

Sept. 20, 2019

Sept. 20, 2019

RECAP

Summons Issued/Not Issued

Sept. 23, 2019

Sept. 23, 2019

PACER

Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(ChristinaAvila, 2)

Sept. 23, 2019

Sept. 23, 2019

PACER
5

Unopposed MOTION for Leave to File Excess Pages by Matthew Roppolo, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
6

MOTION to Certify Class by Matthew Roppolo, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Exhibit 1 - Declaration and Report of Dr. Stacey Trooskin, M.D., Ph.D., MPH, # 2 Exhibit 2 - CMHC Infection Control - Hepatitis C Policy, # 3 Exhibit 3 - CMHC Agenda, Hepatitis C Policy and Program (June 20, 2018), # 4 Exhibit 4 - TDCJ Statistical Report FY2017, # 5 Exhibit 5 - TDCJ Statistical Report FY2016, # 6 Exhibit 6 - TDCJ Statistical Report FY2015, # 7 Exhibit 7 - Texas Cancer Registry, Liver Cancer in Texas Web Report 2001-2015, # 8 Exhibit 8 - AASLD, HCV Guidance (May 24, 2018), # 9 Exhibit 9 - CMC Formulary 24th edition - Chronic HCV Evaluation and Treatment, # 10 Exhibit 10 - CDC, Hepatitis C Questions and Answers for the Public, # 11 Exhibit 11 - NIH, Definition & Facts for Cirrhosis, # 12 Exhibit 12 - CDC, Hepatitis C General Information, # 13 Exhibit 13 - Dr. Owen Murray, Joint Hearing on Correctional Health, # 14 Exhibit 14 - CMHCC, Powerpoint presentation (June 20, 2018), # 15 Exhibit 15 - NIH, Symptoms & Causes of Cirrhosis, # 16 Exhibit 16 - CDC, Viral Hepatitis and Liver Cancer, # 17 Exhibit 17 - Declaration of Jeffrey Edwards, # 18 Proposed Order)(Edwards, Jeffrey) (Entered: 10/04/2019)

1 Exhibit 1 - Declaration and Report of Dr. Stacey Trooskin, M.D., Ph.D., MPH

View on PACER

2 Exhibit 2 - CMHC Infection Control - Hepatitis C Policy

View on PACER

3 Exhibit 3 - CMHC Agenda, Hepatitis C Policy and Program (June 20, 2018)

View on PACER

4 Exhibit 4 - TDCJ Statistical Report FY2017

View on PACER

5 Exhibit 5 - TDCJ Statistical Report FY2016

View on PACER

6 Exhibit 6 - TDCJ Statistical Report FY2015

View on PACER

7 Exhibit 7 - Texas Cancer Registry, Liver Cancer in Texas Web Report 2001-2015

View on PACER

8 Exhibit 8 - AASLD, HCV Guidance (May 24, 2018)

View on PACER

9 Exhibit 9 - CMC Formulary 24th edition - Chronic HCV Evaluation and Treatment

View on PACER

10 Exhibit 10 - CDC, Hepatitis C Questions and Answers for the Public

View on PACER

11 Exhibit 11 - NIH, Definition & Facts for Cirrhosis

View on PACER

12 Exhibit 12 - CDC, Hepatitis C General Information

View on PACER

13 Exhibit 13 - Dr. Owen Murray, Joint Hearing on Correctional Health

View on PACER

14 Exhibit 14 - CMHCC, Powerpoint presentation (June 20, 2018)

View on PACER

15 Exhibit 15 - NIH, Symptoms & Causes of Cirrhosis

View on PACER

16 Exhibit 16 - CDC, Viral Hepatitis and Liver Cancer

View on PACER

17 Exhibit 17 - Declaration of Jeffrey Edwards

View on PACER

18 Proposed Order

View on PACER

Oct. 4, 2019

Oct. 4, 2019

RECAP
7

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT - granting 5 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
8

RETURN of Service of SUMMONS Executed as to All Defendants, filed. (Attachments: # 1 TDCJ Summons Return, # 2 Ben Raimer Summons Return, # 3 Cynthia Jumper Summons Return, # 4 Rodney Burrow Summons Return, # 5 F Parker Hudson Summons Return, # 6 Erin Wyrick Summons Return, # 7 John Burruss Summons Return, # 8 Preston Johnson Summons Return, # 9 Kelly Garcia Summons Return, # 10 Owen Murray Summons Return, # 11 UTMB Summons Return)(Edwards, Jeffrey) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
9

MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 11/4/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
10

ORDER granting 9 Motion for Extension of Time. The new deadline to file an answer or otherwise plead is extended to November 21, 2019.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
11

NOTICE of Appearance by Amy L. Prasad on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Hudson, Eric) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
12

NOTICE of Appearance by Courtney Corbello on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Hudson, Eric) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
13

NOTICE of Appearance by Rola Daaboul on behalf of F. Parker Hudson III, Owen Murray, Ben Raimer, University of Texas Medical Branch Correctional Managed Care, filed. (Hudson, Eric) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
14

Joint MOTION for Extension of Time Extend Response Deadlines by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 11/13/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
15

BRIEFING SCHEDULE. Plaintiff's Motion for Class Certification due by 10/4/2019. Defendant's Responses due by 12/13/2019. Plaintiff's Reply is due on 1/13/2020. Oral Arguments are set for 2/13/2020 at 01:30 PM before Judge Nelva Gonzales Ramos.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jalvarez, 2) (Entered: 10/24/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
16

Unopposed MOTION to Amend 3 Amended Complaint/Counterclaim/Crossclaim etc., by Matthew Roppolo, Da-Na Allen, filed. Motion Docket Date 11/29/2019. (Attachments: # 1 Exhibit 1 - Plaintiffs' Second Amended Complaint, # 2 Proposed Order)(Edwards, Jeffrey) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
17

ORDER granting Plaintiffs' Unopposed 16 Motion For Leave to Amend Complaint.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jalvarez, 2) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
18

PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT against Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed by Matthew Roppolo, Da-Na Allen.(jalvarez, 2) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
19

First AMENDED 6 MOTION( Motion Docket Date 11/29/2019.), MOTION to Certify Class by Da-Na Allen, Matthew Roppolo, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order)(Edwards, Jeffrey) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
20

MOTION to Dismiss 18 Amended Complaint/Counterclaim/Crossclaim etc., by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 12/12/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
21

Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 12/18/2019. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
22

REPORT of Rule 26(f) Planning Meeting by Da-Na Allen, Matthew Roppolo, filed.(Edwards, Jeffrey) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

RECAP
23

ORDER granting 21 Motion for Extension of Time to Respond to Motion to Dismiss. Response is due 1/10/2020..(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
24

CERTIFICATE OF INTERESTED PARTIES by Da-Na Allen, Matthew Roppolo, filed.(Edwards, Jeffrey) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
25

CERTIFICATE OF INTERESTED PARTIES by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
26

Unopposed MOTION for Extension of Time to Extend Class Certification Deadlines by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 12/26/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
27

ORDER granting 26 Unopposed MOTION for Extension of Time to Extend Class Certification Deadlines ( Deft Expert Witness List due by 1/31/2020., Pltf Expert Witness List due by 1/31/2020., Responses due by 2/28/2020., Replies due by 4/3/2020, Oral Argument Hearing set for 5/5/2020 at 01:30 PM before Judge Nelva Gonzales Ramos). (Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2) (Entered: 12/05/2019)

Dec. 4, 2019

Dec. 4, 2019

RECAP
28

Joint MOTION for Protective Order by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 1/2/2020. (Edwards, Jeffrey) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER

Pretrial Conference

Dec. 12, 2019

Dec. 12, 2019

PACER

Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. INITIAL PRETRIAL CONFERENCE held on 12/12/2019. Parties give summary of case. Discussion held regarding discovery. Parties to work together on discovery. Parties to submit Protective Order by 12/13/19. Briefing schedule on class certification has already been entered. Deft to notify Plaintiffs within 10 days if Plaintiffs are given meds. Plaintiffs may file a Preliminary Injunction prior to class certification ruling. There is a pending motion to dismiss that is not ripe at this time. Appearances: Jeffrey S Edwards, Eric Alan Hudson, Courtney Brooke Corbello, Amy L Hunsucker Prasad, Michael C Singley.(Digital # 9:13-9:27, 9:36-9:44)(ERO:G. Rogan), filed.(bcortez, 2)

Dec. 12, 2019

Dec. 12, 2019

PACER
29

Unopposed MOTION for Rola Daaboul to Withdraw as Attorney by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 1/6/2020. (Attachments: # 1 Proposed Order)(Daaboul, Rola) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
30

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO WITHDRAW ROLA DAABOUL AS CO-COUNSEL granting 29 Motion to Withdraw as Attorney. Attorney Rola Daaboul terminated.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
31

ADVISORY by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
32

Unopposed MOTION for Leave to File Plaintiffs' Third Amended Complaint by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 1/29/2020. (Attachments: # 1 Exhibit Ex 1 Plaintiffs' 3rd Amended Complaint, # 2 Proposed Order Proposed Order)(Edwards, Jeffrey) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
33

Corrected PROPOSED ORDER re: 32 Unopposed MOTION for Leave to File Plaintiffs' Third Amended Complaint, filed.(Edwards, Jeffrey) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
34

ORDER granting 32 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
35

PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT against Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care filed by Matthew Roppolo.(fcarbia, 2) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

Clearinghouse
36

CONFIDENTIALITY AND PROTECTIVE ORDER granting 28 Joint MOTION for Protective Order (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 01/21/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
37

NOTICE of Appearance by P. Trent Peroyea on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Peroyea, Philip) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
38

Unopposed MOTION for Leave to Depose Plaintiffs Roppolo, Allen, Valdez, and Cook by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/14/2020. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hudson, Eric) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
39

ORDER granting 38 Motion to Depose Incarcerated Persons.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
40

Unopposed MOTION for Extension of Time to Exchange Expert Reports by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/19/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
41

DESIGNATION OF EXPERT WITNESS LIST by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hudson, Eric) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
42

DESIGNATION OF EXPERT WITNESS LIST by Da-Na Allen, Matthew Roppolo, Johnny Cook, Victor Valdez, filed. (Attachments: # 1 Exhibit A)(Edwards, Jeffrey) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
43

NOTICE of Joint Proposed Amendment to This Court's Protective Order by Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, Dee Budgewater, Philip Keiser, filed. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
44

Joint MOTION Parties' Joint Motion for an Order Authorizing Disclosure and Use of Documents, Information and Data Made Confidential by Statute by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/24/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) Modified on 2/3/2020 (lrivera, 2). (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
45

ORDER .(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) Modified on 2/3/2020 (lrivera, 2). (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
46

ORDER granting 44 Motion for an Order Authorizing Disclosure and Use of Documents, Information, and Data Made Confidential by Statute.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(grogan, 2) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
47

ORDER granting 40 Unopposed MOTION for Extension of Time to Exchange Expert Reports ( Parties deadline to exchange expert reports due by 2/14/2020.)(Signed by Judge Nelva Gonzales Ramos) Parties notified.(sylopez, 2) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

RECAP
48

MOTION to Dismiss Plaintiffs' Third Amended Complaint by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/2/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/10/2020)

1 Proposed Order

View on PACER

Feb. 10, 2020

Feb. 10, 2020

RECAP
49

MOTION to Seal Exhibits A-C of Defendants' Motion to Dismiss by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/2/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
50

SEALED EXHIBITS A-C re: 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C) (Hudson, Eric) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
51

ORDER granting 49 Motion to Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
52

Unopposed MOTION for Extension of Time to respond to Plaintiffs' First Amended Motion for Class Certification by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/17/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
53

ORDER granting 52 Unopposed MOTION for Extension of Time to respond to Plaintiffs' First Amended Motion for Class Certification ( Responses due by 3/4/2020.)(Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
54

Unopposed MOTION for an Order Authorizing Disclosure and Use of Documents, Information, and Data Made Confidential by Statute or Agreement by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/20/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
55

ORDER granting 54 Motion for Order Authorizing Disclosure and Use of Documents.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
56

MOTION for Free Copies under the Freedom of Information Act by Arturo Galvan, filed. Motion Docket Date 3/23/2020. (ShoshanaArnow, 4) (Entered: 03/03/2020)

March 2, 2020

March 2, 2020

PACER
57

Unopposed MOTION to Seal Defendants' Response in Opposition to Plaintiffs Motion for Class Certification [Dkt. No. 35] & Exhibits 6-9 & 16 In Support by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/25/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
58

SEALED RESPONSE in Opposition to Plaintiffs' Motion for Class Certification re: 19 First AMENDED 6 MOTION MOTION to Certify Class by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit 6. Roppolo Medical Records, # 2 Exhibit 7. Allen Medical Records, # 3 Exhibit 8. Vadez Medical Records, # 4 Exhibit 9. Cook Medical Records, # 5 Exhibit 16. Defendants' Discovery Responses) (Hudson, Eric) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
59

APPENDIX re: 58 Sealed Response,, by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
60

ORDER granting 57 Motion to Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

PACER
61

Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss and Defendants' to Reply by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 3/27/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
62

RESPONSE to 19 First AMENDED 6 MOTION MOTION to Certify Class [REDACTED], filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Hudson, Eric) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
63

ORDER granting 61 Motion for Extension of Time Responses due by 3/20/2020. Replies due by 4/20/2020.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
64

ORDER denying 56 Motion. Copy of docket sheet and instructions on how to purchase copies sent to Arturo Galvan(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
65

Unopposed MOTION for Leave to File Excess Pages by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 4/9/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
66

RESPONSE in Opposition to 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Edwards, Jeffrey) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

RECAP
67

Unopposed MOTION for Extension of Time for Plaintiffs' Reply in Support of Motion for Class Certification by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 4/20/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
68

ORDER EXTENDING TIME TO FILE REPLY 67 Motion for Extension of Time. After due consideration, the Court GRANTS the motion and ORDERS Plaintiffs to file their reply on or before April 10, 2020. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
69

REPLY in Support of 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint, filed by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Appendix)(Hudson, Eric) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
70

Unopposed MOTION for Leave to File Excess Pages by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/1/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
71

REPLY in Support of 19 First AMENDED 6 MOTION MOTION to Certify Class, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 20 - Excerpts from Dr. O. Ojo's Deposition Transcript, # 2 Exhibit 21 - Excerpts from Dr. M. Roberts' Deposition Transcript, # 3 Exhibit 22 - Excerpts from M. Roppolo's Deposition Transcript, # 4 Exhibit 23 - Excerpts from D. Allen's Deposition Transcript, # 5 Exhibit 24 - Excerpts from J. Cook's Deposition Transcript, # 6 Exhibit 25 - Excerpts from V. Valdez's Deposition Transcript, # 7 Exhibit 26 - Grievances of M. Roppolo, # 8 Exhibit 27 - Grievances of D. Allen, # 9 Exhibit 28 - Grievances of J. Cook, # 10 Exhibit 29 - Grievances of V. Valdez, # 11 Exhibit 30 - Excerpts from Defendant O. Murray's First Supplemental Objections and Responses to Interrogatories (Feb. 27, 2020), # 12 Exhibit 31 - Hepatitis C Support Project, Fact Sheet - Similarities and Differences between HIV and HCV (Sep. 2012), # 13 Exhibit 32 - National Institutes of Health, Definition & Facts for Cirrhosis (Mar. 2018), # 14 Exhibit 33 - Rule 30(b)(6) Deposition Notice of UTMB, # 15 Exhibit 34 - Declaration of J. Cook, # 16 Exhibit 35 - Declaration of V. Valdez)(Edwards, Jeffrey) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
72

Unopposed MOTION to Seal Exhibits 36, 37, 38, 39, 40, and 41 to Plaintiffs' Reply in Support of Class Certification by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/1/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
73

SEALED EXHIBITS re: 72 Unopposed MOTION to Seal Exhibits 36, 37, 38, 39, 40, and 41 to Plaintiffs' Reply in Support of Class Certification, 71 Reply in Support of Motion,,,,, by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. (Attachments: # 1 Exhibit 36 - Exhibit 11 to Dr. Ojo's Deposition, FY2019 Stats for Hepatitis C in TDCJ, # 2 Exhibit 37 - Exhibit 12 to Dr. Ojo's Deposition, Email from L. Aleman with attached "Guideline for HCV Treatment" (Oct. 3, 2019), # 3 Exhibit 38 - Excerpts from M. Roppolo's Medical Record, # 4 Exhibit 39 - Excerpts from D. Allen's Medical Record, # 5 Exhibit 40 - Excerpts from J. Cooks' Medical Record, # 6 Exhibit 41 - Excerpts from V. Valdez's Medical Record) (Edwards, Jeffrey) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
74

ORDER granting 65 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(KelliePapaioannou, 2) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
75

ORDER granting 70 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(KelliePapaioannou, 2) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
76

ORDER granting 72 Plaintiffs' Unopposed Motion for Leave to File Exhibits Under Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(srussell, 2) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

PACER
77

MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/8/2020. (Attachments: # 1 Proposed Order, # 2 Plaintiffs' Sur-Reply in Opposition to Motion to Dismiss, # 3 Exhibit 1 - Excerpts from UTMB's Deposition Through Dr. O. Ojo, # 4 Exhibit 2 - Letter from M. Singley (April 15, 2020))(Edwards, Jeffrey) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
78

RESPONSE in Opposition to 77 MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss, filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
79

ADVISORY by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit)(Hudson, Eric) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
80

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO MOTION TO DISMISS granting 77 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
81

PLAINTIFFS' SUR-REPLY IN OPPOSITION TO MOTION TO DISMISS to 77 MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss, 48 Motion to Dismiss filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(fcarbia, 2) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
83

Letter from Fidel Salazar re: requesting minutes in civil action, filed. (Attachments: # 1 Envelope) (grogan, 2) Clerk's Note: Docket sheet mailed to Fidel Salazar on 4/27/2020 (grogan, 2). (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
82

MOTION to Stay by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 5/18/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Hudson, Eric) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
84

Letter from Ray Hooks re: docket sheet, filed. Clerk's note, docket sheet mailed to Ray Hooks on 4/28/2020. (dterrell, 2) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

PACER
85

SUPPLEMENT to 82 MOTION to Stay by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit D)(Hudson, Eric) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
86

RESPONSE to 79 Advisory, Concerning Supplemental Authority, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Edwards, Jeffrey) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
87

ADVISORY by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit)(Hudson, Eric) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
88

RESPONSE in Opposition to 82 MOTION to Stay, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 1 - Correctional Managed Health Care Committee Minutes (Dec. 5, 2017), # 2 Exhibit 2 - Correctional Managed Health Care Committee Agenda (Sep. 27, 2018), # 3 Exhibit 3 - Correctional Managed Health Care Committee Minutes (Dec. 5, 2018), # 4 Exhibit 4 - Excerpts from O. Murray's Testimony to the Joint Appropriations Subcommittee (Feb. 15, 2014), # 5 Exhibit 5 - Correctional Managed Health Care Committee Agenda (Sep. 18, 2019), # 6 Exhibit 6 - Email including Virology Group Agenda and "Guideline for HCV Treatment" (Nov. 7, 2019), # 7 Exhibit 7 - Excerpts from Correctional Managed Health Care Formulary, 25th Ed., # 8 Exhibit 8 - AASLD Guidelines: HCV Testing and Treatment in Correctional Settings, # 9 Exhibit 9 - CDC - Coronavirus Disease 2019: Groups at Higher Risk for Severe Illness, # 10 Exhibit 10 - Texas Department of State Health Services - Leading Causes of Death by Race / Ethnicity in Texas, # 11 Exhibit 11 - First Requests for Production (Dec. 10, 2019), # 12 Exhibit 12 - Second Requests for Production (Jan. 1, 2020), # 13 Exhibit 13 - Responses to Requests for Production (Jan. 24, 2020), # 14 Exhibit 14 - Email from M. Singley (Jan. 28, 2020), # 15 Exhibit 15 - Responses to Second Requests for Production (Feb. 3, 2020), # 16 Exhibit 16 - Excerpts from O. Murray's Supp. Resp. to Interrogatories (Feb. 27, 2020), # 17 Exhibit 17 - Second Set of Interrogatories to C. Jumper (Mar. 18, 2020), # 18 Exhibit 18 - Second Set of Interrogatories to P. Keiser (Mar. 18, 2020), # 19 Exhibit 19 - Second Set of Interrogatories to L. Linthicum (Mar. 18, 2020), # 20 Exhibit 20 - Second Set of Interrogatories to O. Murray (Mar. 18, 2020), # 21 Exhibit 21 - Second Set of Requests for Production to C. Jumper (Mar. 18, 2020), # 22 Exhibit 22 - Second Set of Requests for Production to P. Keiser (Mar. 18, 2020), # 23 Exhibit 23 - Second Set of Requests for Production to L. Linthicum (Mar. 18, 2020), # 24 Exhibit 24 - Second Set of Requests for Production to O. Murray (Mar. 18, 2020), # 25 Exhibit 25 - Email from J. Edwards (April 14, 2020), # 26 Exhibit 26 - Letter from M. Singley (April 15, 2020), # 27 Exhibit 27 - Email from C. Corbello (April 20, 2020), # 28 Exhibit 28 - Email from C. Corbello (April 21, 2020), # 29 Exhibit 29 - Email from J. Edwards (April 21, 2020), # 30 Exhibit 30 - Email from J. Edwards (April 23, 2020), # 31 Exhibit 31 - Email from C. Corbello (April 27, 2020), # 32 Exhibit 32 - Excerpts from Dr. M. Roberts' Deposition, # 33 Exhibit 33 - Excerpts from Dr. O. Ojo's Deposition, # 34 Exhibit 34 - Excerpts from J. Pulvino's Deposition, # 35 Exhibit 35 - TDCJ Statistical Report for FY 2018 (Feb. 2019), # 36 Proposed Order)(Edwards, Jeffrey) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
89

MOTION to Supplement Class Certification Record as to 19 First AMENDED 6 MOTION MOTION to Certify Class by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/26/2020. (Attachments: # 1 Supplemental Exhibit 1 - Declaration of Dr. Trooskin Regarding Plaintiff Valdez, # 2 Supplemental Exhibit 2 - Declaration of Dr. Trooskin Regarding Plaintiff Cook, # 3 Proposed Order)(Edwards, Jeffrey) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
90

ORDER granting 89 Motion to Supplement Class Certification Record.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER

Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. CLASS CERTIFICATION HEARING held on 5/5/2020. Arguments heard. Court takes 19 Motion for Class Certification under advisement. Parties to confer and advise if 89 Motion to Supplement is agreed to. Appearances: Scott Charles Medlock, Michael C Singley, Jeffrey S Edwards, Eric Alan Hudson, Philip Trent Peroyea, Courtney Brooke Corbello, Amy L Hunsucker Prasad.(Digital # 1:30-2:56)(ERO:V. Rios), filed.(bcortez, 2)

May 5, 2020

May 5, 2020

PACER

Class Certification Hearing

May 5, 2020

May 5, 2020

PACER
91

Supplement to EXHIBIT 4 re: 88 Response in Opposition to Motion for Stay by Da-Na Allen, Johnny Cook, Matthew Roppolo, filed.(CD FILED ON SHELF IN CLERKS OFFICE)(vrios, 2) (Entered: 05/08/2020)

May 7, 2020

May 7, 2020

PACER
93

Exhibit 4 (CD) to Plaintffs' Response to Defendants' Motion to Stay by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Placed on shelf in Clerk's Office.(bcortez, 2) (Entered: 05/12/2020)

May 7, 2020

May 7, 2020

PACER
92

REPLY in Support of 82 MOTION to Stay, filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hudson, Eric) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
94

MOTION to Compel Responses to Interrogatories by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Exhibit 1 - Implementation Science Applied to HCV Screening and Treatment Procedures in Texas Corrections (Mar. 18, 2019), # 2 Exhibit 2 - CMHCC Agenda (Sep. 18, 2019), # 3 Exhibit 3 - Email with Virology Agenda including HCV Guideline (Nov. 7, 2019), # 4 Exhibit 4 - Excerpts from Defendant Murray's Supp. Resp. to 1st Set of Interrogatories (Feb. 27, 2020), # 5 Exhibit 5 - Second Interrogatories to C. Jumper (Mar. 18, 2020), # 6 Exhibit 6 - Second Interrogatories to P. Keiser (Mar. 18, 2020), # 7 Exhibit 7 - Second Interrogatories to L. Linthicum (Mar. 18, 2020), # 8 Exhibit 8 - Second Interrogatories to O. Murray (Mar. 18, 2020), # 9 Exhibit 9 - Email from J. Edwards (April 21, 2020), # 10 Exhibit 10 - Email from C. Corbello (April 21, 2020), # 11 Exhibit 11 - Email from J. Edwards (April 23, 2020), # 12 Exhibit 12 - Email from C. Corbello re discovery (April 27, 2020), # 13 Exhibit 13 - C. Jumper's Responses to Second Interrogatories (May 1, 2020), # 14 Exhibit 14 - P. Keiser's Responses to Second Interrogatories (May 1, 2020), # 15 Exhibit 15 - L. Linthicum's Responses to Second Interrogatories (May 1, 2020), # 16 Exhibit 16 - O. Murray's Responses to Second Interrogatories (May 1, 2020), # 17 Exhibit 17 - CMHCC, Hepatitis C Policy, B-14.13.03, # 18 Exhibit 18 - Hepatitis C (HEPC) Referral Process, # 19 Exhibit 19 - Patient with HCV + Cirrhosis DX not treated, # 20 Exhibit 20 - Leading Causes of Death by Race Ethnicity Texas, # 21 Exhibit 21 - TDCJ Health Services Division Medical Director's Report, First Quarter, FY2019, # 22 Exhibit 22 - Telehealth Specialty Care Referral/Appointment Process, # 23 Exhibit 23 - Excerpts from Dr. M. Roberts' Deposition Transcript, # 24 Exhibit 24 - Excerpts from Dr. O. Ojo's Deposition, # 25 Proposed Order)(Edwards, Jeffrey) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Sept. 11, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future inmates incarcerated in the Texas Department of Criminal Justice who have been diagnosed, or will be diagnosed, with chronic Hepatitis C, and who are subjected to TDCJ and the Texas Correctional Managed Health Care Committee’s policy and practice of failing to provide direct acting antiviral treatment to all inmates diagnosed with chronic Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Texas, State

State of texas, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $992,605

Order Duration: 2021 - 2028

Issues

General:

Conditions of confinement

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Medical care, general

Mental health care, general

Type of Facility:

Government-run