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Case: In Re HCV Prison Litigation

3:19-cv-00577 | U.S. District Court for the District of Nevada

Filed Date: Dec. 9, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This consolidated, class action lawsuit brought by people in the custody of the Nevada Department of Corrections (NDOC) challenged the Department's Hepatitis C treatment policies and protocols. Eight named plaintiffs, represented by private counsel, sued the NDOC alleging violations of their Eighth and Fourteenth Amendment rights and the Americans with Disabilities Act. The lawsuit sought a court order requiring NDOC to identify and monitor inmates with Hepatitis C, provide medical care that me…

This consolidated, class action lawsuit brought by people in the custody of the Nevada Department of Corrections (NDOC) challenged the Department's Hepatitis C treatment policies and protocols. Eight named plaintiffs, represented by private counsel, sued the NDOC alleging violations of their Eighth and Fourteenth Amendment rights and the Americans with Disabilities Act. The lawsuit sought a court order requiring NDOC to identify and monitor inmates with Hepatitis C, provide medical care that meet the current medical standards of care and treat their symptoms and complications, and prevent discrimination against inmates with Hepatitis C. The case was assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin.

On February 18, 2020, the plaintiffs’ class certification was granted. The class was certified as inmates with Hepatitis C who have been in NDOC custody for at least 21 days and have at least 12 weeks left to serve on their sentence who would be candidates for direct-acting antiviral treatment, but to whom treatment has been denied or delayed for reasons other than legitimate reasons under medical standards of care.

The parties submitted a consent decree to the court for its approval on August 20, 2020. There were objections submitted, including by a named plaintiff, but the court overruled the objections and accepted the consent decree on October 29, 2020. In the consent decree, NDOC agreed to adopt revised Hepatitis C policies and procedures; test all NDOC prisoners by December 31, 2020, and continue testing as part of intake procedures; provide direct-action antiviral (DAA) medication to all prisoners with Hepatitis C rated as Priority One within six months and provide a minimum of 2,400 DAA treatments to prisoners with Hepatitis C within three years, and after three years provide DAA treatments to prisoners at a rate faster than new Hepatitis C infections; and provide quarterly reports on Hepatitis C testing, infections and treatment numbers.

In January 2021, the Nevada Legislature budgeted $6 million dollars to meet its obligation under the consent decree after approving an initial $7 million in funds in October 2020.

The consent decree is expected to be in place for four years, and monitoring is ongoing.

Summary Authors

Ben Marvin-Vanderryn (10/28/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16314214/parties/in-re-hcv-prison-litigation/


Judge(s)

Baldwin, Carla (Nevada)

Du, Miranda Mai (Nevada)

Attorneys(s) for Plaintiff

Gilmer, D. Randall (Nevada)

Hamilton, Ryan Andrew (Nevada)

Hosmer-Henner, Adam (Nevada)

Latino, Chelsea (Nevada)

Mannelly, Philip (Nevada)

McLetchie, Maggie (Nevada)

Melms, Frederick Benjamin (Nevada)

Rands, Douglas R (Nevada)

Judge(s)

Baldwin, Carla (Nevada)

Du, Miranda Mai (Nevada)

Attorneys(s) for Plaintiff

Gilmer, D. Randall (Nevada)

Hamilton, Ryan Andrew (Nevada)

Hosmer-Henner, Adam (Nevada)

Latino, Chelsea (Nevada)

Mannelly, Philip (Nevada)

McLetchie, Maggie (Nevada)

Melms, Frederick Benjamin (Nevada)

Rands, Douglas R (Nevada)

Shell, Alina M. (Nevada)

Attorneys(s) for Defendant

Ford, Aaron D. (Nevada)

Documents in the Clearinghouse

Document

3:19-cv-00577

Docket [PACER]

Aug. 17, 2021

Aug. 17, 2021

Docket
10

3:19-cv-00577

Amended Class Action Complaint

Dec. 9, 2019

Dec. 9, 2019

Complaint
21

3:19-cv-00577

Order

In Re: HCV Prison Litigation

Feb. 18, 2020

Feb. 18, 2020

Order/Opinion
61

3:19-cv-00577

Joint Motion for Preliminary Approval of Consent Decree

In Re: HCV Prison Litigation

Aug. 20, 2020

Aug. 20, 2020

Pleading / Motion / Brief
79

3:19-cv-00577

Order

In Re: HCV Prison Litigation

Oct. 29, 2020

Oct. 29, 2020

Order/Opinion
80

3:19-cv-00577

Consent Decree

In Re: HCV Prison Litigation

Oct. 29, 2020

Oct. 29, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16314214/in-re-hcv-prison-litigation/

Last updated Aug. 29, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

PRE-TRIAL ORDER #1: Initial Case Conference. The court orders Pretrial Consolidation of the following cases: • 2:17-CV-1627-MMD-CBC Reese v. Foxfulker, et. al. • 2:17-CV-1725-MMD-CBC Fields v. Neven, et. al. • 2:17-CV-2346-MMD-CBC Carley v. Neven, et. al. • 2:19-CV-0213-MMD-CBC Flynn v. Dzurenda, et. al. • 2:19-CV-0520-MMD-CBC Ciolino v. Dzurenda, et. al. • 3:16-CV-0676-MMD-CBC Nevarez v. Baca, et. al. • 3:17-CV-0278-MMD-CBC Fitzgerald v. Martin, et. al. • 3:17-CV-0612-MMD-CBC Savage v. Aranas, et. al. • 3:18-CV-0037-MMD-CBC White v. Aranas, et. al. • 3:18-CV-0149-MMD-CBC Olsen v. Nevada Department of Corrections, et. al. • 3:18-CV-0218-MMD-CBC Bedard v. Nevada Department of Corrections, et. al. • 3:18-CV-0386-MMD-CBC Mulder v. Marks, et. al. • 3:18-CV-0464-MMD-CBC Thomas v. Dzurenda, et. al. • 3:19-CV-0300-MMD-CBC Klein v. Williams, et. al. Master docket and case file opened under "In Re: HCV Prison Litigation," master file number 3:19-cv-00577-MMD-CBC to be used for all filings for the lead case related to the HCV Consolidated Issues. Initial Case Conference scheduled for 10/21/2019 at 10:00 AM in Reno Courtroom 1. See order pdf for further details and instructions. Signed by Magistrate Judge Carla Baldwin Carry on 10/9/2019. (Copies have been distributed pursuant to the NEF - LH) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

RECAP
2

MINUTES OF PROCEEDINGS - Initial Case Conference held on 10/21/2019 before Magistrate Judge Carla Baldwin Carry. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner, Chelsea Latino, Philip Mannelly and (By telephone) Margaret McLetchie, Frederick Melms, and Ryan Hamilton; Def Counsel: Randy Gilmer and Douglas Rands; Recording start and end times: 10:05:09 - 10:33:01; Courtroom: 1; Plaintiffs shall have until no later than the close of business on Monday, December 2, 2019 to file an amended class action complaint and motion to certify. A status conference is set for 12/3/2019 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. Out-of-town counsel shall be allowed to appear telephonically for this hearing and shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19577. The Court finds that a STAY of discovery is continued in all cases pending the December 3, 2019 status conference. In light of the Court's imposition of the deadline to file an amended class action complaint, the Court finds the motion to amend (ECF No. 42) filed in case no. 2:17-cv-02346-MMD-CBC, Elizabeth Carley v. Neven, et al., is DENIED as moot. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) (Entered: 10/22/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

Docket Notes

Nov. 14, 2019

Nov. 14, 2019

PACER

***Notes: The U.S. Magistrate Judge on this case has changed her name to Judge Carla Baldwin effective immediately. (LH)

Nov. 14, 2019

Nov. 14, 2019

PACER
3

NOTICE of Appearance by attorney Margaret A McLetchie on behalf of In Re HCV PRISON LITIGATION. Notice of Appearance (McLetchie, Margaret) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
4

STIPULATION FOR EXTENSION OF TIME (First Request) to File Amended Class Action Complaint and Motion to Certify by In Re HCV PRISON LITIGATION. (Latino, Chelsea) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
5

ORDER granting ECF No. 4 Stipulation : Amended Class Action Complaint and Motion to Certify due by 12/9/2019. Signed by Magistrate Judge Carla Baldwin on 11/26/2019. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 11/27/2019)

Nov. 26, 2019

Nov. 26, 2019

RECAP
6

(1st Notice) Pursuant to Local Rule IC 2-1: that Frederick Melms is in violation of Local Rule IC 2-1. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (DRM) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
7

ERRATA to 4 Stipulation by In Re HCV PRISON LITIGATION. (Latino, Chelsea) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER
8

MINUTES OF PROCEEDINGS - Joint Status Conference held on 12/3/2019 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner, Chelsea Latino, and (By telephone) Frederick Melms, Leo Wolpert, Ryan Hamilton, and Scott Olifant; Def Counsel: Douglas Rands and Randall Gilmer; Recording start and end times: 10:03:24 - 10:34:57; Courtroom: 1; Mr. Hosmer-Henner reports on the current status of this litigation. The Court inquires and counsel confirm the best approach regarding discovery will be for the parties to conduct bifurcated discovery beginning with document discovery. The Court finds the stay of discovery in this litigation is lifted and advises counsel that the Court will issue a bifurcated scheduling order forthwith. The Court notes there are several motions pending in a variety of these cases and suggests that counsel withdraw such motions without prejudice with leave to re-file on a later date, if necessary. Mr. Hosmer-Henner and Ms. McLetchie shall have until Friday, December 6, 2019 to file a notice advising whether they are amenable to withdrawing plaintiffs' motions currently pending in case nos. 2:17-cv-02346-MMD-CLB and 2:17-cv-01725-MMD-CLB. See the attached order for motions defendants agree may be withdrawn in certain cases. The Court finds the motion for certification is due on 12/9/2019, the opposition is due on 1/13/2020, and the reply is due on 1/31/2020. Mr. Olifant is granted leave to file a voluntary dismissal is case no. 2:19-cv-01897-MMD-CLB. A further case management conference is set for 3/19/2020 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Out-of-town counsel shall be allowed to appear telephonically for this hearing and shall dial 877-336-1829 at least five (5) minutes prior to the hearing. The access code is 2809752 and the security code is 19577. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) (Entered: 12/05/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
9

PRE-TRIAL ORDER #2: Limited Bifurcated Discovery Plan and Scheduling Order.Limited discovery described in this order shall commence on December 9, 2019 and will be open for a period of 90 days only. (See pdf order for additional deadlines/specifics.) Signed by Magistrate Judge Carla Baldwin on 12/5/2019. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/06/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
10

AMENDED COMPLAINT against HCV PRISON LITIGATION by HCV PRISON LITIGATION. No changes to parties. Proof of service due by 3/8/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hosmer-Henner, Adam) (Entered: 12/09/2019)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Dec. 9, 2019

Dec. 9, 2019

Clearinghouse
11

MOTION to Certify Class Responses due by 12/23/2019. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Hosmer-Henner, Adam) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
12

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 12/23/2019. By Deputy Clerk: Peggie Vannozzi. Attorney Frederick Melms was appointed as counsel in 2:19-cv-213-MMD-CLB, a member case. Mr. Melms is a member of the state bar but not the federal bar. Good cause appearing, Mr. Melms is admitted to our court for this case only. The attorney admissions fees are waived. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
13

CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Frederick Melms is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER
14

STRICKEN PURSUANT TO ECF No. 15 ORDER : First MOTION for Leave to File Second Amended Complaint by In Re HCV PRISON LITIGATION. (Attachments: # 1 Exhibit Proposed second amended complaint) (Melms, Frederick) Modified on 1/10/2020 to denote stricken (DRM). (Entered: 12/31/2019)

Dec. 31, 2019

Dec. 31, 2019

PACER
15

PRE-TRIAL ORDER #3: Order Clarifying Pre-Trial Order #1 (ECF No. 1 ) And Striking Pleading (ECF No. 14 ) : Re Filing of Documents : Any document filed in the master docket for Case No. 3:19-cv-00557-MMD-CLB must relate to all of the cases consolidated by the Court's Pre-Trial Order #1. (See pdf order for specifics.) Re Motion to Amend (ECF No. 14 ) : The motion is stricken from the docket for Case No. 3:19-cv-00577-MMD-CLB. Signed by Magistrate Judge Carla Baldwin on 1/9/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 01/10/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
16

First STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time to File Response to 10 Complaint and 11 Motion to Certify (First Request) by In Re HCV PRISON LITIGATION. (Rands, Douglas) Modified on 1/14/2020 linked to 10 and 11 (LE). (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
17

ORDER granting ECF No. 16 Stipulation to Extend Time re ECF Nos. 10 Complaint and 11 Motion to Certify. Responses due by 1/20/2020. Signed by Magistrate Judge Carla Baldwin on 1/15/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 01/16/2020)

Jan. 15, 2020

Jan. 15, 2020

RECAP
18

ANSWER to 10 Amended Complaint with Jury Demand Defendants' Answer to Amended Class Action Complaint (ECF No. 10) Jury Trial Demanded filed by HCV PRISON LITIGATION. Discovery Plan/Scheduling Order due by 2/20/2020.(Rands, Douglas) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

RECAP
19

RESPONSE to 11 Motion to Certify Class by In Re HCV PRISON LITIGATION. Replies due by 1/28/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Rands, Douglas) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
20

CERTIFICATE of Interested Parties by HCV PRISON LITIGATION. There are no known interested parties other than those participating in the case (Rands, Douglas) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
21

ORDER - Plaintiff's motion to certify class (ECF No. 11 ) is granted; the Court certifies a class of all persons as specified herein; the Court certifies the following issues for class litigation as specified herein; Plaintiffs are hereby named class representatives for this class; Plaintiffs' counsel are appointed as class counsel as specified herein; the parties must address the issues of notice under Fed. R. Civ. P. 23(c)(2) with Magistrate Judge Baldwin. Signed by Chief Judge Miranda M. Du on 2/18/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

Clearinghouse
22

PRE-TRIAL ORDER #4: Prior to the upcoming status conference, plaintiffs' class counsel shall draft a proposed notice for prospective class members that shall be provided to the court and defendants no later than March 14, 2020. At the March 19, 2020 status conference, the parties shall also be prepared to discuss what, if any, class discovery will be requested or needed related to the class certified by ECF No. 21. See order for further details. Signed by Magistrate Judge Carla Baldwin on 2/21/2020. (Copies have been distributed pursuant to the NEF - DN) (Main Document 22 replaced on 2/24/2020) (LE). (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP
23

NOTICE of Docket Correction to 22 Order,, :Original Order was missing Judge's signature; Replaced Order with a signed Order. (no image attached) (LE) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
24

NOTICE Request for Clarification and Notice by HCV PRISON LITIGATION re 15 Order on Motion for Leave to File Document,,, Pretrial Order,,. (Hosmer-Henner, Adam) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
25

NOTICE of Discovery by HCV PRISON LITIGATION re 9 Pretrial Order,. (Hosmer-Henner, Adam) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
26

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 3/2/2020. The request for clarification (ECF No. 24 ) is granted as follows: Class Representatives are authorized to file documents related to the certified class in In re: HCV Prison Litigation, Case No. 3:19-CV-0577-MMD-CLB in this case even if the filing relates to less than all of the consolidated matters without first seeking leave to file such documents. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
27

First STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Stipulation and Order to Extend Time to Respond to Plaintiffs' Discovery Request by In Re HCV PRISON LITIGATION. (Rands, Douglas) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
28

ORDER granting ECF No. 27 Stipulation. Defendants to respond to Plaintiffs' discovery requests by March 12, 2020. Signed by Magistrate Judge Carla Baldwin on 3/4/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 03/05/2020)

March 4, 2020

March 4, 2020

PACER
29

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 3/13/2020. By Deputy Clerk: LGM. Counsel are advised that the further case management conference currently set before this Court on Thursday, March 19, 2020 at 9:00 AM shall be conducted telephonically. Therefore, all counsel appearing for this hearing shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19577. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
30

NOTICE Notice Pursuant to Pre-Trial Order # 4 (ECF No. 22) by HCV PRISON LITIGATION re 22 Order,,. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Notice for Prospective Class Members) (McLetchie, Margaret) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
31

MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 3/19/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner, Frederick Melms, Margaret McLetchie, Ryan Hamilton, and Chelsea Latino; Def Counsel: Randy Gilmer and Doug Rands; Recording start and end times: 9:01:53 - 9:34:30; Courtroom: 1; The Court and the parties discuss the proposed notice pursuant to pretrial order #4 30 . The Court directs the deputy court clerk to attach a sample notice to the minutes of this proceeding. The Court directs counsel to meet and confer regarding a new proposed notice and a proposed discovery plan and scheduling order and file such by no later than the close of business on Thursday, April 2, 2020. A further telephonic status conference is set for 4/10/2020 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Counsel shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19577. See the attached order for specifications. (Attachments: # 1 Sample Notice) (Copies have been distributed pursuant to the NEF - LGM) (Entered: 04/02/2020)

March 19, 2020

March 19, 2020

PACER
32

Proposed Stipulated Discovery Plan and Scheduling Order re 31 Miscellaneous Hearing,,,,, by In Re HCV PRISON LITIGATION. (Hosmer-Henner, Adam) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
33

NOTICE Regarding Stipulated Proposed Class Notice by HCV PRISON LITIGATION. (Attachments: # 1 Exhibit 1 - Proposed Class Notice) (Shell, Alina) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
34

SCHEDULING ORDER re ECF No. 32 Discovery Plan and Scheduling Order. Discovery due by 7/18/2020. Motions due by 8/17/2020. Proposed Joint Pretrial Order due by 9/16/2020. Signed by Magistrate Judge Carla Baldwin on 4/3/2020. (Copies have been distributed pursuant to the NEF - KR) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
35

NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (KR) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
36

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 4/10/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner, Frederick Melms, Ryan Hamilton, Alina Shell, and Chelsea Latino; Def Counsel: Randy Gilmer and Doug Rands; Recording start and end times: 10:02:12 - 10:25:33; Courtroom: 1; The Court approves the parties' stipulated proposed class notice 33 and directs that counsel change the opt out deadline to 5/18/2020 and post such notice. The Court and counsel discuss issues stated in the parties' scheduling order 34 . This matter is referred to Magistrate Judge Cobb for the purposes of conducting a global settlement conference at the beginning of July 2020. Expert witness disclosure deadline extended to 8/10/2020 and rebuttal expert disclosure extended to 9/10/2020. A telephonic case management conference is set for 5/28/2020 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. Counsel shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 19577. The parties shall file separate case management reports by no later than the close of business on Thursday, May 21, 2020. The Court directs counsel to meet and confer regarding any necessary issues including the current discovery plan and scheduling order 34 . See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) (Entered: 04/15/2020)

April 10, 2020

April 10, 2020

PACER
37

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 5/5/2020. By Deputy Clerk: Karen Walker.Magistrate Judge William G. Cobb will conduct a pre-settlement conference to discuss the logistics of the global settlement conference immediately following the Telephonic Case Management Conference set for 5/28/2020 at 9:00 A.M., with Magistrate Judge Carla Baldwin. Counsel shall remain on the telephone at the conclusion of the Case Management Conference for the pre-settlement conference. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
38

ORDER Scheduling a Settlement Conference for 7/9/2020 at 9:00 AM and if necessary 7/10/2020 at 9:00 AM in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The settlement conference statements shall be received in Reno Chambers - Suite 405 not later than 4:00 PM on 7/2/2020. DO NOT DELIVER OR MAIL THEM TO THE CLERKS OFFICE; DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge William G. Cobb on 5/13/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
39

CASE MANAGEMENT REPORT Pursuant to April 10, 2020 Minutes (ECF 36) by In Re HCV PRISON LITIGATION (Latino, Chelsea) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
40

CASE MANAGEMENT REPORT Pursuant to ECF No. 36 by In Re HCV PRISON LITIGATION (Rands, Douglas) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
41

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 5/28/2020. By Deputy Clerk: Karen Walker. A telephonic pre-settlement conference is set for Wednesday, June 24, 2020 at 1:00 P.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb.Counsel are directed to dial 1-888-557-8511, enter the access code 3599743, and enter the security code 62420, approximately five (5) minutes prior to the hearing. The use of speaker phone and cell phones is prohibited. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
42

Proposed STIPULATED PROTECTIVE ORDER Proposed Joint Stipulated Protective Order by In Re HCV PRISON LITIGATION. (McLetchie, Margaret) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
43

PROTECTIVE ORDER. ORDER granting 42 Stipulated Protective Order Signed by Magistrate Judge Carla Baldwin on 5/28/2020.(Copies have been distributed pursuant to the NEF - CLB) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
47

MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 5/28/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner, Margaret McLetchie, Ryan Hamilton, and Chelsea Latino; Def Counsel: Doug Rands; Recording start and end times: 9:01:26 - 9:11:53; Courtroom: 1; The Court and the parties discuss the parties case management reports (ECF No. 39) and (ECF No. 40). The Court advises that if the case does not settle at the settlement conference, this Court will schedule a case management conference. Counsel are directed to work with the deputy court clerk to schedule the case management conference for a date during the middle or end of July 2020. The Court finds that counsel have leave to file an amended proposed discovery plan and scheduling order which includes a case management report if the case does not settle. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) (Entered: 06/08/2020)

May 28, 2020

May 28, 2020

PACER
44

MINUTE ORDER RE: IN-PERSON HEARING - IT IS HEREBY ORDERED that an in-person Settlement Conference will be conducted on Thursday, July 9, 2020 at 9:00 A.M., and if necessary, Friday, July 10, 2020 at 9:00 a.m., before Magistrate William G. Cobb, in Reno Courtroom 2, Fourth Floor, Bruce R. Thompson U. S. Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada. Signed by Magistrate Judge William G. Cobb on 5/29/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
45

STIPULATION re Discovery Stipulation to Vacate Discovery Deadlines and to Amend Scheduling Order Pending Outcome of Settlement Conference re 34 Order on Discovery Plan and Scheduling Order,,, by In Re HCV PRISON LITIGATION. (Hosmer-Henner, Adam) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
46

ORDER granting ECF No. 45 Stipulation to vacate discovery deadlines. Discovery due by 7/18/2020. Dispositive Motions due by 8/17/2020. Proposed Joint Pretrial Order due by 9/16/2020. (See PDF image for additional details). Signed by Magistrate Judge Carla Baldwin on 6/4/2020. (Copies have been distributed pursuant to the NEF - AB) Modified on 6/4/2020 (DN). If a settlement cannot be reached, the parties will submit a discovery plan and scheduling order for the court's consideration. (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
48

NOTICE by HCV PRISON LITIGATION. (McLetchie, Margaret) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
49

MOTION/Letter Requesting Motion History Filed, by James Reese. Responses due by 6/25/2020. (DRM) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
50

MINUTES OF PROCEEDINGS - Telephonic Pre-Settlement Conference held on 6/24/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Adam Hosmer-Henner, Esq.; Margaret McLetchie, Esq.; Ryan Hamilton, Esq.; Chelsea Latino, Esq.; Def Counsel: Randall Gilmer, Esq. and Douglas Rands, Esq.; Court Reporter: Liberty Court Recorder; Time of Hearing: 1:00 p.m.; Recording start and end times: 1:07:03 p.m. - 1:41:10 p.m.; Courtroom: 2.The court holds today's hearing on to discuss the settlement conference scheduled for Thursday, July 9, 2020. The court advises that the settlement conference will be moved to a larger courtroom in order to accommodate and abide by COVID-19 procedures and the court's general orders. A minute order will be entered once a courtroom has been assigned.The parties to submit the settlement conference statements on Wednesday, July 1, 2020 before 4:00 p.m. instead of July 2, 2020. (Copies have been distributed pursuant to the NEF - KW) (Entered: 06/25/2020)

June 24, 2020

June 24, 2020

PACER
51

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 6/30/2020. By Deputy Clerk: Karen Walker.The location of the in-person Settlement Conference scheduled for Thursday, July 9, 2020 at 9:00 A.M., and if necessary, Friday, July 10, 2020 at 9:00 a.m., before Magistrate William G. Cobb, has been changed to Reno Courtroom 6, Eighth Floor.Counsel are reminded of and shall adhere to the procedures outlined in the Minute Order re: in-person hearings (ECF No. 44 ). IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
52

EX PARTE COMMUNICATION by Marty Fitzgerald, #73049, PO Box 7007, Carson City, NV. (DRM) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
53

ORDER RE: IN PERSON HEARING. IT IS HEREBY ORDERED that an in-person hearing settlement conference will be conducted in Courtroom 6 of the Bruce R. Thompson Federal Courthouse at 9:00 a.m. on Thursday, July 9, 2020. The Court is closely following and reinforcing the guidelines from the CDC and other relevant health authorities and is taking precautionary measures to limit the potential spread of the COVID-19 virus. Please review the attached order for additional specific regarding in-person hearings. Signed by Magistrate Judge William G. Cobb on 7/8/2020. (Copies have been distributed pursuant to the NEF - KO) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
54

MINUTES OF PROCEEDINGS - Settlement Conference (Day 1) held on 7/9/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Adam Hosmer-Henner, Phil Mannelly and Chelsea Latino (present) and Margaret McLetchie (via video); Def Counsel: Doug Rands, Randy Gilmer, Kyle George (present); Court Reporter: Liberty Court Recorder; Time of Hearing: 9:00 a.m. - 5:00 p.m.; Recording start and end times: 9:12:07 a.m. - 9:20:06 a.m.; Courtroom: 6. The Court convenes with counsel and client representatives on record for introduction purposes. The Court and parties next conduct settlement discussions off record. Court is in recess at 5:00 p.m. and will continue negotiations on Friday, 7/10/2020, at 9:00 a.m., in Reno Courtroom 6. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 07/10/2020)

July 9, 2020

July 9, 2020

PACER
55

MINUTES OF PROCEEDINGS - Settlement Conference (Day 2) held on 7/10/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Adam Hosmer-Henner and Chelsea Latino (presnt); Margaret McLetchie (via video); Def Counsel: Doug Rands, Randy Gilmer and Kyle George; Court Reporter: Liberty Court Recorder; Time of Hearing: 9:00 a.m. - 4:00 p.m.; Recording start and end times: 9:09:13 a.m. - 9:10:27 a.m. / 3:38:59 p.m. - 3:59:55 p.m.; Courtroom: 6. The Court briefly convenes with counsel and client representatives on record for day 2 of the settlement conference. The court and parties resume settlement discussions off record. After discussions and negotiations, the parties reach a settlement agreement. The terms of the settlement are placed on the record. The Court and parties agree to conduct a follow-up to this settlement conference to resolve any outstanding settlement agreement terms. IT IS THEREFORE ORDERED that a follow-up settlement conference is scheduled for Wednesday, 8/5/2020, at 11:00 a.m., in Reno Courtroom 2 before U.S. Magistrate Judge William G. Cobb. This conference will be conducted by video conference via Zoom. Instructions for the video conference hearing will be sent via email prior to the hearing to the participants email provided to the Court. An assigned court reporter for the United States District Court, District of Nevada Reno is requested to prepare and file the transcript for the following hearing: Friday, 7/10/2020, Settlement Conference - Day 2 (Liberty Court Recording time - 3:38:59 p.m. - 3:59:55 p.m.) before U.S. Magistrate Judge William G. Cobb (ECF No. 55). The Court requests the transcript be prepared prior to 8/5/2020. IT IS HEREBY ORDERED that fees for the transcript designated shall be paid by the United States as provided under 28 U.S.C. § 753(f). (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
56

Joint CASE MANAGEMENT REPORT by In Re HCV PRISON LITIGATION (Hosmer-Henner, Adam) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
57

ORDER - Inmate James Reeses' #13508 request for a "Motion History Printout" (ECF No. 49 ) is GRANTED. Clerk shall send a copy of the docket sheet in this case to:James Reese #13508High Desert State PrisonPO Box 650, Indian Springs NV 89070 (Mailed to Inmate Reese on 7/14/2020). Signed by Magistrate Judge Carla Baldwin on 7/14/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
58

TRANSCRIPT of Proceedings, 55 Settlement Conference,,,,,,,, held on 7-10-20, before Magistrate Judge William G. Cobb. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 8/10/2020. Redacted Transcript Deadline is set for 8/20/2020. Release of the Transcript Restriction is set for 10/18/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
59

MINUTES OF PROCEEDINGS - Continued Settlement Conference/Status Conference held by Zoom Video Conference on 8/6/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Adam Hosmer-Henner, Margaret McLetchie, Esq. and Chelsea Latino, Esq.; Def Counsel: D. Randall Gilmer, Esq. and Douglas Rands, Esq.; Court Reporter: Liberty Court Recorder; Time of Hearing: 11:00 a.m.; Recording start and end times: 11:08:27 a.m. - 11:22:14 a.m. and 4:49:04 p.m. - 5:01:35 p.m.; Courtroom: 2. The parties advise the court that since the settlement conference held on July 9 and 10, 2020, drafts of the consent/settlement documents have been exchanged between the parties. Mr. Hosmer-Henner advises that there are two or three issues that remain unresolved and requests the court break out into private caucuses to discuss the unresolved issues. After private discussions, the court recesses at 12:55 p.m. for the parties to continue further discussions on the unresolved issues.The court reconvenes at 4:45 p.m. After further discussions, the parties state that the proposed consent and Joint Motion for Preliminary Approval of the Consent will be submitted to Chief District Judge Du by August 20, 2020. Mr. Hosmer-Henner provides the court with a summary of the process or events that will take place after submission of the Joint Motion for Preliminary Approval. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
60

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 8/20/2020. By Deputy Clerk: LGM. A video status conference utilizing Zoom video conferencing technology is set for 9/1/2020 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The court will send an email containing information required to join the Zoom video conference prior to the hearing date. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
61

Joint MOTION for Preliminary Approval of Consent Decree re 59 Settlement Conference,,,,,, by In Re HCV PRISON LITIGATION. Responses due by 9/3/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hosmer-Henner, Adam) (Entered: 08/20/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Aug. 20, 2020

Aug. 20, 2020

Clearinghouse
62

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/24/2020. Good cause appearing, it is ordered that the joint motion to preliminarily approve the consent decree and set a fairness hearing (ECF No. 61 ) is granted. The Fairness hearing is set for 10/27/2020 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Order on Motion for Miscellaneous Relief

Aug. 24, 2020

Aug. 24, 2020

PACER
63

AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/26/2020. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that the joint motion to preliminarily approve the consent decree and set a fairness hearing (ECF No. 61 ) is granted and Plaintiff is directed to issue the Class notice. The Fairness hearing is set for 10/27/2020 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Counsel wishing to appear by video conference must contact the deputy clerk at least 7 days prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
65

MINUTES OF PROCEEDINGS - Video Status Conference held on 9/1/2020 before Magistrate Judge Carla Baldwin. Crtrm Administrator: LGM; Pla Counsel: Adam Hosmer-Henner and Margaret McLetchie; Def Counsel: Randy Gilmer and Doug Rands; Recording start and end times: 10:02:01 - 10:23:19; Courtroom: 1; The Court advises counsel that the purpose of this hearing is to determine how best to proceed after the finalization of the consent decree. The Court inquires and counsel advise that they are amenable to providing the discovery in this case to the plaintiffs in other Hep C cases that were not consolidated with this case. The Court finds that the Court will issue a separate order in those cases with respect to that discovery. The Court advises counsel that after the consent decree is finalized the Court will set status conferences in the individual cases to discuss setting settlement conferences. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) (Entered: 09/08/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
64

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 9/3/2020. By Deputy Clerk: Karen Walker. A telephonic Settlement Status Conference is set for Friday, September 11, 2020 at 10:00 A.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The Office of the Attorney General shall arrange for Plaintiff Marty Scott Fitzgerald (Case No. 3:17-cv-0278-MMD-CLB) to be present by telephone and shall contact the courtroom administrator, Karen Walker, at (775) 686-5918 or Karen_Walker@nvd.uscourts.gov, prior to the hearing to advise her of the number where plaintiff may be reached.Counsel are directed to dial 1-888-557-8511, enter the access code 3599743, and enter the security code 91120, approximately five (5) minutes prior to the hearing. The use of speaker phones and cell phones are prohibited.The court will address communications regarding Mr. Fitzgerald. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) Modified on 9/11/2020 correct typo(KW). (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
66

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 9/11/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Adam Hosmer-Henner, Esq. and (Plaintiff) Marty Scott Fitzgerald; Def Counsel: Douglas R. Rands, DAG; Court Reporter: Liberty Court Recorder; Time of Hearing: 10:00 a.m.; Recording start and end times: 10:03:45 a.m. - 10:20:10 a.m.; Courtroom: 2.The court holds today's hearing to discuss several communications the court has received from Mr. Fitzgerald dated July 22, 2020, August 27, 2020, and August 31, 2020. IT IS ORDERED that the communications submitted by Mr. Fitzgerald dated July 22, 2020, August 27, 2020, and August 31, 2020 will be filed as "Objections" to class settlement in this case. (Copies have been distributed pursuant to the NEF - KW) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
67

OBJECTIONS to Class Settlement dated 7/22/2020, by Marty Fitzgerald. (DRM) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
68

OBJECTIONS to Class Settlement dated 8/27/2020, by Marty Fitzgerald. (DRM) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
69

OBJECTIONS to Class Settlement dated 8/31/2020, by Marty Fitzgerald. (DRM) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
70

MOTION Requesting Exclusion from HCV Prison Litigation, Case No. 3:19-CV-00577-MMD-CLB by Scott R. Casteel. Responses due by 9/29/2020. (AB) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
71

MOTION - Request for Records by Rosemary Vandecar. Responses due by 10/15/2020. (AB) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
72

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/14/2020. By Deputy Clerk: Peggie Vannozzi. The Fairness hearing set for 10/27/2020 at 1:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du will be heard by video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.The Public may access and listen to the Fairness Hearing as follows: Public telephonic participants shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 251-2909, and provide Access Code 3803398 and Security Code 102720. IT IS ORDERED that the following Video Conference Instructions be adhered to as follows: INSTRUCTIONS FOR VIDEO CONFERENCE HEARINGInvitations to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. * Ensure that the Zoom video conferencing application is updated prior to the time of the hearing*Log on to the call ten (10) minutes prior to the hearing time.*Mute your sound prior to entering the hearing.*Do not talk over one another.*State your name prior to speaking for the record.*Do not have others in the video screen or moving in the background.*No recording of the hearing.*No forwarding of any video conference invitations. *Unauthorized users on the video conference will be removed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
73

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 10/15/2020. By Deputy Clerk: LGM. A video status conference utilizing Zoom video conferencing technology is set for 11/4/2020 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The court will send an email with the information required to join the Zoom video conference prior to the hearing date. Counsel are directed to appear at this hearing via video. Therefore, if counsel do not have access to appear via video or would like to appear by another means (i.e., telephonic), counsel are required to file a motion in advance of the hearing to appear by another means. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - LGM) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
74

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 10/20/2020. ORDER granting 71 motion for copy of the docket sheet. The Clerk shall SEND one copy of the public docket sheet to Rosemary Vandecar at Florence McClure Women's Correctional Center, 4370 Smiley Road, Las Vegas, NV 89115.(no image attached) (Copies have been distributed pursuant to the NEF - DN) (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER

Order on Motion for Miscellaneous Relief

Oct. 20, 2020

Oct. 20, 2020

PACER
75

NOTICE Exclusion Requests by HCV PRISON LITIGATION. (Attachments: # 1 Exhibit Exhibit 1 (Brunsen), # 2 Exhibit Exhibit 2 (Flynn), # 3 Exhibit Exhibit 3 (Holtzclaw), # 4 Exhibit Exhibit 4 (Jones), # 5 Exhibit Exhibit 5 (Klein), # 6 Exhibit Exhibit 6 (LeClair), # 7 Exhibit Exhibit 7 (Mulder), # 8 Exhibit Exhibit 8 (Neenan), # 9 Exhibit Exhibit 9 (Thacker), # 10 Exhibit Exhibit 10 (Thomas), # 11 Exhibit Exhibit 11 (Wilson)) (McLetchie, Margaret) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
76

SUPPLEMENT to 61 Motion for Preliminary Approval of Consent Decree by In Re HCV PRISON LITIGATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Hosmer-Henner, Adam) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
77

MINUTES OF PROCEEDINGS - Hearing re Fairness Hearing by Video Conference held on 10/27/2020 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Adam Hosmer-Henner, Philip Manelly, Ryan Hamilton, Margaret McLetchie; Def Counsel: D. Randall Gilmer, Douglas Rands; Court Reporter: Megan Strawn; Time of Hearing: 1:08 PM - 2:20 PM; Recording start and end times: 1:07:32-2:21-17; Courtroom: 5; Also present on video: Dr. Minev and Jennifer Bauer of NDOC. Mr. Hosmer-Henner and Mr. Gilmer address the Court on the Class settlement and proposed decree. The Court directs Mr. Hosmer-Henner to file a copy of the demonstrative exhibit he used in this hearing. The Court will overrule Class member Marty Fitzgerald's pro se objections to the Class Settlement (ECF Nos. 67, 68, 69 ) for the reasons given at this hearing. The Court grants Class Member Scott Casteel's motion requesting exclusion (ECF No. 70 .) The Court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
78

SUPPLEMENT to 76 Supplement, Supplemental Exhibit to Supplemental Brief in Support of Proposed Consent Decree by In Re HCV PRISON LITIGATION. (Hosmer-Henner, Adam) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER

Order on Motion for Miscellaneous Relief

Oct. 27, 2020

Oct. 27, 2020

PACER
79

ORDERED that the parties' proposed consent decree (ECF No. 61 -1) is accepted and adopted in full. The Clerk of Court is directed to administratively close this case upon entry of the consent decree. Signed by Chief Judge Miranda M. Du on 10/29/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

Clearinghouse
80

CONSENT JUDGMENT pursuant to ECF No. 79 Order. Signed by Chief Judge Miranda M. Du on 10/29/2020. Case administratively closed. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

Clearinghouse
81

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin on 10/29/2020. By Deputy Clerk: LGM. In light of the District Court's order to administratively close this case 79, the video status conference currently set before this Court on 11/4/2020 at 10:00 AM is VACATED. If the parties believe additional work is required by the Magistrate Judge on this case, counsel have leave to request a hearing before this Court. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

~Util - Terminate Deadlines/Hearings

Oct. 29, 2020

Oct. 29, 2020

PACER
82

LETTER/query to Clerk from Craig Miller at NNCC re how to be a part of this class action. (DRM) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
83

ORDER Re: ECF No. 82 Letter from Inmate Craig Miller. (See pdf order for specifics.) The Clerk shall serve a copy of this order on Craig Miller, Inmate #82754 at Northern Nevada Correctional Center either electronically or by U.S. Mail. (Mailed to inmate at NNCC via U.S. Mail on 12/15/2020.) Signed by Magistrate Judge Carla Baldwin on 12/11/2020. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/14/2020)

Dec. 11, 2020

Dec. 11, 2020

RECAP
84

STATUS REPORT Joint Quarterly Report by In Re HCV PRISON LITIGATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3`) (Hosmer-Henner, Adam) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
85

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 2/1/2021. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the parties' status report (ECF No. 84 ) and noted that court intervention is not required at this time.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
86

STATUS REPORT Quarterly Report by In Re HCV PRISON LITIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Rands, Douglas) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
87

NOTICE of Violation of Consent Decree, by class member Kevin Fernandez. (DRM) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
88

RESPONSE to 86 Status Report by In Re HCV PRISON LITIGATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hosmer-Henner, Adam) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
89

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/18/2021. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that a hearing on the status report (ECF No. 86 ), to be heard by Zoom Video Conference, is set for 6/2/2021 at 10:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.The Public may access and listen to the Hearing as follows: Public telephonic participants shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 251-2909, and provide Access Code 3803398 and Security Code 060221. IT IS ORDERED that the following Video Conference Instructions be adhered to as follows: INSTRUCTIONS FOR VIDEO CONFERENCE HEARINGInvitations to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. * Ensure that the Zoom video conferencing application is updated prior to the time of the hearing*Log on to the call ten (10) minutes prior to the hearing time.*Mute your sound prior to entering the hearing.*Do not talk over one another.*State your name prior to speaking for the record.*Do not have others in the video screen or moving in the background.*No recording of the hearing.*No forwarding of any video conference invitations. *Unauthorized users on the video conference will be removed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
90

NOTICE of Change of Address by Margaret A McLetchie. Notice of Change of Firm Address (McLetchie, Margaret) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
91

MINUTES OF PROCEEDINGS - Status Conference held on 6/2/2021 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Adam Hosmer-Henner, Margaret McLetchie; Def Counsel: Douglas Rands, D. Randall Gilmer; Court Reporter: Kathy French; Time of Hearing: 10:00 AM - 10:55 AM; Courtroom: 5; The Court has reviewed the status report (ECF No. 86 ) and the response (ECF No. 88 .) Mr. Rands, Mr. Gilmer and Mr. Hosmer-Henner discuss the status report and response with the Court. The Court notes the large number of inmates who have declined HCV testing. The Court and counsel discuss providing information to inmates regarding testing opportunities, including placing information in new inmate packets, using group education such as utilizing the TV network inside the prison system or enlisting inmate volunteers who might discuss testing options with other inmates. Mr. Hosmer-Henner suggests that the state set up a spreadsheet to verify known instances of HCV due to the concerns expressed by the Court about potential discrepancy. In response to questions by the Court, Mr. Rands and Mr. Gilmore address MD-219 and the deadlines imposed by the consent decree. The Court has reviewed the notice of violation filed by inmate Kevin Fernandez (ECF No. 87 .) Based upon the representations of Mr. Rands, the Court will disregard Kevin Fernandez's notice of violation (ECF No. 87 .) The Court directs counsel to confer on the the following issues: 1) communication with inmates regarding the availability of HCV testing and 2) verification of known instances of HCV due to concerns about potential discrepancy. The parties are directed to file a status report on 6/28/2021. The Court sets a status conference for 6/29/2021 at 1:30 PM to further discuss resolving the issues identified above. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 6/2/2021 (PAV). (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
92

NOTICE Request for Clarification re ECF No. 87 . (SMR) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
93

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/11/2021. Before the Court is Kevin Fernandez's request for clarification. (ECF No. 92 .) The Court addressed Mr. Fernandez's notice (ECF No. 87 ) at the last hearing (ECF No. 91 ), and decided to disregard it based on the Nevada Department of Corrections ("NDOC") counsel Mr. Rands' representation that Mr. Fernandez is not on NDOC's list of inmates who have tested positive for HCV (see id.). The Court will therefore not take any further action on Mr. Ferandez's request for clarification. (ECF No. 92 .) The Clerk of Court is directed to send a copy of this minute order, along with a copy of the docket sheet for this case, by email to the law librarian at Ely State Prison, and by mail to: Kevin Fernandez, Inmate No. 1191576, Ely State Prison, P.O. Box 1989, Ely, NV 98301. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
94

STATUS REPORT Status Report After Status Hearing (ECF No. 91) by In Re HCV PRISON LITIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Rands, Douglas) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Dec. 9, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

People in custody of the Nevada Department of Corrections for at least 21 days and with at least 12 weeks left to serve on their sentence, who have been diagnosed with Hepatitis C and would be candidates for direct-acting antiviral treatment, but treatment has been denied or delayed for reasons other than legitimate reasons under medical standards of care

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada Department of Corrections, 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.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

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: $160,000

Order Duration: 2020 - None

Content of Injunction:

Discrimination Prohibition

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Conditions of confinement

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

Medical care, general

Medication, administration of

Type of Facility:

Government-run