Case: Woody v. United States Bureau of Prisons

0:16-cv-00862 | U.S. District Court for the District of Minnesota

Filed Date: April 1, 2016

Closed Date: May 2, 2018

Clearinghouse coding complete

Case Summary

This is a case brought by the Minnesota Protection and Advocacy Office (Mid-Minnesota Legal Aid) on behalf of an individual defendant in a federal prison who was denied an appropriate diet for his medical condition, Phenylketonuria (PKU). Although the facility made some effort to provide the plaintiff with an appropriate diet, the food provided was inadequate to treat his medical condition and to accommodate his disability. On April 1, 2016, the initial complaint was filed seeking declaratory a…

This is a case brought by the Minnesota Protection and Advocacy Office (Mid-Minnesota Legal Aid) on behalf of an individual defendant in a federal prison who was denied an appropriate diet for his medical condition, Phenylketonuria (PKU). Although the facility made some effort to provide the plaintiff with an appropriate diet, the food provided was inadequate to treat his medical condition and to accommodate his disability.

On April 1, 2016, the initial complaint was filed seeking declaratory and injunctive relief under the 8th Amendment and § 504 of the Federal Rehabilitation Act, 29 U.S.C. § 794, against the Bureau of Prisons and nine BOP officials in their personal capacity. The case was assigned to Judge Richard H Kyle, then reassigned on April 4, 2016 to Judge Donovan W. Frank, and later on June 24, 2016 to Judge Becky R. Thorson. The plaintiffs survived a motion to dismiss on November 22, 2016 and this order was adopted and affirmed by Judge Frank on January 13, 2017. The court found BOP's sovereign immunity argument lacking in merit given the federal court's jurisdiction to hear federal question jurisdiction under § 1331. As to BOP's claim that the plaintiff failed to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), the court exhausted his administrative remedies within BOP and BOP's claim that he had additional administrative remedies available was an affirmative defense, not a jurisdictional issue. 2017 WL 150505.

The case was reassigned to Judge David T Schultz on March 14, 2017, who later recused himself on April 5, 2017, when the case reassigned to Judge Hildy Bowbeer. After some discovery, deposition and motions, the parties informed the court on February 6, 2018 that they had reached a settlement. The case therefore dismissed with prejudice on May 2, 2018.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5299923/parties/woody-v-united-states-federal-bureau-of-prisons/


Judge(s)

Frank, Donovan W. (Minnesota)

Attorney for Plaintiff

Rosenfield, Barnett I. (Minnesota)

Schmidt, Steven C (Minnesota)

Attorney for Defendant

Siekert, Friedrich A. (Minnesota)

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Documents in the Clearinghouse

Document
39

0:16-cv-00862

First Amended Complaint Jury Trial Demanded

Aug. 1, 2016

Aug. 1, 2016

Complaint
54

0:16-cv-00862

Amended Report and Recommendation Correcting Name of Plaintiff

Nov. 22, 2016

Nov. 22, 2016

Pleading / Motion / Brief
62

0:16-cv-00862

Order Adopting Report and Recommendation

Jan. 13, 2017

Jan. 13, 2017

Order/Opinion

2017 WL 2017

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5299923/woody-v-united-states-federal-bureau-of-prisons/

Last updated March 14, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number AMNDC-4854399.) Filed by Brent Michael Woody. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Schmidt, Steven) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Richard H Kyle per Prisoner list referred to Magistrate Judge Becky R Thorson. Please use case number 16-cv-862 RHK/BRT. (LPH) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
3

ORDER of Disqualification and Order for Reassignment. Signed by Judge Richard H. Kyle on 4/4/16. (KAT) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
4

TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Donovan W. Frank. Judge Richard H. Kyle no longer assigned to the case. NOTE: the new case number is 16-cv-862 DWF/BRT. Please use this case number for all subsequent pleadings. (JDF) Modified text on 4/5/2016 (JDF). (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
6

Summons Issued as to Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (LPH) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
7

SUMMONS Returned Executed by Brent Michael Woody. United States Federal Bureau of Prisons served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
8

SUMMONS Returned Executed by Brent Michael Woody. Thomas R. Kane served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
9

SUMMONS Returned Executed by Brent Michael Woody. Deborah G. Schult served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
10

SUMMONS Returned Executed by Brent Michael Woody. Mitchel Holliday served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
11

SUMMONS Returned Executed by Brent Michael Woody. Sara M. Revell served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
12

SUMMONS Returned Executed by Brent Michael Woody. Paul Harvey served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
13

SUMMONS Returned Executed by Brent Michael Woody. Leann LaRiva served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
14

SUMMONS Returned Executed by Brent Michael Woody. Sheila Hadaway served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
15

SUMMONS Returned Executed by Brent Michael Woody. Lon Kreig served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
16

SUMMONS Returned Executed by Brent Michael Woody. Kathy Mayhew served on 4/6/2016, answer due 6/6/2016. (Schmidt, Steven) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
17

NOTICE of Appearance by Friedrich A. P. Siekert on behalf of All Defendants. (Siekert, Friedrich) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
18

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
19

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
20

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
21

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
22

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
23

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
24

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
25

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
26

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
27

AMENDED SUMMONS Returned Executed by Brent Michael Woody. (Schmidt, Steven) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
28

STIPULATION to Extend Time to Respond to Complaint by United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody. (Siekert, Friedrich) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
29

ORDER GRANTING EXTENSION OF TIME re 28 Stipulation. Signed by Magistrate Judge Becky R. Thorson on 5/26/2016. (las) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
30

STIPULATION to Extend Time to Respond to Complaint by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody, United States Federal Bureau of Prisons, Thomas R. Kane, Dr. Deborah G. Schult, Mitchel Holliday, Paul Harvey, Leann LaRiva, Dr. Sheila Hadaway, Dr. Lon Kreig, and Kathy Mayhew. (Siekert, Friedrich) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
31

ORDER re 30 Stipulation that the Defendants shall have to and including June 27, 2016 within which to file their response to the complaint. Signed by Magistrate Judge Becky R. Thorson on 6/24/16. (JDF) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
32

MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Siekert, Friedrich) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
33

NOTICE OF HEARING ON MOTION 32 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim : Motion Hearing set for 11/2/2016 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Siekert, Friedrich) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
34

MEMORANDUM in Support re 32 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim filed by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Siekert, Friedrich) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
35

MEET and CONFER STATEMENT re 32 Motion to Dismiss/Lack of Jurisdiction, filed by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Siekert, Friedrich) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
36

Declaration of Mina Raskin in Support of 32 MOTION to Dismiss for Lack of Jurisdiction and/or Failure to State a Claim filed by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Siekert, Friedrich) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
37

STIPULATION to Amend Complaint, Extend Deadlines, and Establish Briefing Schedule on Motion to Dismiss by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody, United States Federal Bureau of Prisons, Thomas R. Kane, Dr. Deborah G. Schult, Sara M. Revell, Leann LaRiva, Dr. Sheila Hadaway, Dr. Lon Krieg, and Kathy Mayhew. (Siekert, Friedrich) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
38

ORDER re 37 Stipulation. 1. Plaintiff shall file his Amended Complaint by August 1, 2016; 2. Defendants shall file their Motion to Dismiss the Amended Complaint by August 31, 2016; 3. Plaintiff shall file his Memorandum and any affidavits in opposition to the Motion to Dismiss the Amended Complaint by Monday, September 26, 2016; 4. Defendants shall file their reply memorandum by Tuesday, October 11, 2016; and 5. The hearing on the Motion to Dismiss the Amended Complaint shall remain calendar for November 2, 2016, at 9:30 a.m. Signed by Magistrate Judge Becky R. Thorson on 7/19/16. (JDF) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
39

AMENDED COMPLAINT against All Defendants. Filed by Brent Michael Woody. No summons requested. (Schmidt, Steven) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

Clearinghouse
40

LETTER TO MAGISTRATE JUDGE by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons . (Siekert, Friedrich) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
41

STIPULATION to Extend Time to File Motion to Dismiss Amended Complaint by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody, United States Federal Bureau of Prisons, Thomas R. Kane, Dr. Deborah G. Schult, Mitchel Holliday, Sara M. Revell, Paul Harvey, Leann LaRiva, Dr. Sheila Hadaway, Dr. Lon Kreig, and Kathy Mayhew. (Siekert, Friedrich) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
42

ORDER re 41 Stipulation that the Defendants shall have to and including 1:00 p.m. on September 1, 2016, within which to file their Motion to Dismiss Amended Complaint. Signed by Magistrate Judge Becky R. Thorson on 8/31/16. (JDF) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
43

MOTION to Dismiss/General First Amended Complaint by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Siekert, Friedrich) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
44

NOTICE OF HEARING ON MOTION 43 MOTION to Dismiss/General First Amended Complaint : Motion Hearing set for 11/2/2016 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Siekert, Friedrich) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
45

MEET and CONFER STATEMENT re 43 Motion to Dismiss/General, filed by All Defendants. (Siekert, Friedrich) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
46

DECLARATION of Mina Raskin re 43 MOTION to Dismiss/General First Amended Complaint by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons . (Siekert, Friedrich) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
47

MEMORANDUM in Support re 43 MOTION to Dismiss/General First Amended Complaint filed by All Defendants. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Siekert, Friedrich) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
48

MEMORANDUM in Opposition re 43 MOTION to Dismiss/General First Amended Complaint filed by Brent Michael Woody. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmidt, Steven) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
49

REPLY re 43 MOTION to Dismiss/General First Amended Complaint filed by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Siekert, Friedrich) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
50

Declaration of Friedrich A. P. Siekert in Support of 49 Reply, filed by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Attachments: # 1 Exhibit A, Letter dated September 9, 2014)(Siekert, Friedrich) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
51

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 11/2/2016 re 43 MOTION to Dismiss/General First Amended Complaint filed by Sheila Hadaway, Paul Harvey, Leann LaRiva, United States Federal Bureau of Prisons, Deborah G. Schult, Lon Kreig, Kathy Mayhew, Sara M. Revell, Thomas R. Kane, Mitchel Holliday. Motion taken under advisement as of: November 2, 2016. R&R to be issued. (court Reporter Heather Schuetz) (JDF) Modified text on 11/7/2016 (JDF). (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
52

REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED 43 MOTION to Dismiss/General First Amended Complaint filed by Sheila Hadaway, Paul Harvey, Leann LaRiva, United States Federal Bureau of Prisons, Deborah G. Schult, Lon Kreig, Kathy Mayhew, Sara M. Revell, Thomas R. Kane, Mitchel Holliday be DENIED. Signed by Magistrate Judge Becky R. Thorson on 11/16/16. (JDF) Objections to R&R due 11/30/16. Modified text on 11/18/2016 (JDF). (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
53

ORDER. On November 16, 2016, this Court issued a Report and Recommendation (Doc. No. 52) on Defendants' Motion to Dismiss. (Doc. No. 43.) Therefore, this Court finds that there is good cause to extend the deadline to issue a Pretrial Scheduling Order. See Fed. R. Civ. P. 16(b)(2). Signed by Magistrate Judge Becky R. Thorson on 11/18/16. (JDF) (Entered: 11/21/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
54

AMENDED REPORT AND RECOMMENDATION re 43 MOTION to Dismiss/General First Amended Complaint filed by Sheila Hadaway, Paul Harvey, Leann LaRiva, United States Federal Bureau of Prisons, Deborah G. Schult, Lon Kreig, Kathy Mayhew, Sara M. Revell, Thomas R. Kane, Mitchel Holliday be DENIED. Objections to R&R due by 11/30/2016. Signed by Magistrate Judge Becky R. Thorson on 11/22/16. (JDF) Modified text on 11/29/2016 (JDF). (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

Clearinghouse
55

AMENDED ORDER CORRECTING NAME OF PLAINTIFF. Signed by Magistrate Judge Becky R. Thorson on 11/22/16. (JDF) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
56

STIPULATION to Extend Time and Establish Briefing Schedule Regarding Objections to Report and Recommendation by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody. (Siekert, Friedrich) Modified text on 11/29/2016 (LPH). (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
57

ORDER GRANTING EXTENSION OF TIME AND ESTABLISHING BRIEFING SCHEDULE ON OBJECTIONS TO REPORT AND RECOMMENDATION. 1. Defendants shall have to and including December 14, 2016, within which to arrange for the filing of the transcript of the hearing and to file their Objections to the Report and Recommendation; and 2. Plaintiff shall have to and including January 4, 2017, within which to file his Memorandum in Opposition to Defendants' Objections to the Report and Recommendation. Signed by Judge Donovan W. Frank on 11/29/2016. (BJS) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
58

NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (HAS) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
59

TRANSCRIPT of Motions Hearing held on November 2, 2016, before Magistrate Judge Becky R. Thorson. (44 pages). Court Reporter: Heather Schuetz (E-mail: Heather_Schuetz@mnd.uscourts.gov / Telephone: 651-848-1223). Redaction Request due 12/23/2016. Redacted Transcript Deadline set for 1/3/2017. Release of Transcript Restriction set for 3/2/2017. For information on redaction procedures, please review Local Rule 5.5. (HAS) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
60

OBJECTION to 54 Report and Recommendations . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Siekert, Friedrich) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
61

RESPONSE TO OBJECTION to 60 Report and Recommendation filed by Brent Michael Woody. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schmidt, Steven) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
62

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Defendants' objections (Doc. No. 60 ) to Magistrate Judge Becky R. Thorson's November 22, 2016 Amended Report and Recommendation are OVERRULED. 2. Magistrate Judge Becky R. Thorson's November 22, 2016 Amended Report and Recommendation (Doc. No. 54 ) is ADOPTED. 3. Defendants' Motion to Dismiss (Doc. No. 43 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 1/13/2017. (BJS) Modified text on 1/17/2017 (LPH). (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

Clearinghouse
63

ANSWER to Amended Complaint by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. (Siekert, Friedrich) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
64

TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge David T. Schultz, this case is reassigned to him. Magistrate Judge Becky R. Thorson is no longer assigned to the case. NOTE: the new case number is 16-cv-862 (DWF/DTS). Please use this case number for all subsequent pleadings. Please contact Katie Haagenson 612-664-5460, for scheduling or other matters related to Magistrate Judge David T. Schultz. (lmb) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
65

DOCUMENT FILED IN ERROR - PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2017. Discovery due by 9/1/2017. Motions (non-disp) due 9/15/2017. Motions (disp) due by 11/1/2017. Ready for trial due by 1/1/2018. Signed by Magistrate Judge David T. Schultz on 3/17/17. (JDF) Modified text on 3/22/2017 (MGV). (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
66

NOTICE AND ORDER OF PRETRIAL CONFERENCE: Pretrial Conference set for 4/25/2017 09:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 3/22/2017. (Attachments: # 1 Consent Form). (lmb) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
67

TEXT ONLY ENTRY: NOTICE to Attorneys: The April 25, 2017 pretrial scheduling conference with Magistrate Judge David Schultz is CANCELED. The pretrial conference will be rescheduled by separate order. (KMH) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
68

ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Hildy Bowbeer for all further proceedings. NOTE: the new case number is 16-cv-862 DWF/HB. Please use this case number for all subsequent pleadings. Signed by Magistrate Judge David T. Schultz on 4/5/17. (JDF) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
69

NOTICE/ORDER OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/1/2017 11:15 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 4/5/17. (Attachments: # 1 Consent Form)(JDF) Modified file date on 4/6/2017 (JDF). (Entered: 04/06/2017)

April 5, 2017

April 5, 2017

PACER
70

LETTER TO MAGISTRATE JUDGE by United States Federal Bureau of Prisons . (Siekert, Friedrich) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
71

AMENDED NOTICE/ORDER OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/16/2017 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 4/7/17. (JDF) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
72

REPORT of Rule 26(f) Planning Meeting. Filed by Brent Michael Woody. Jointly filed by all Defendants. (Schmidt, Steven) Modified text on 4/19/2017 (LPH). (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
73

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Rule 16 Discovery Conference held on 5/16/2017. Discussion of pretrial deadlines and early settlement - Pretrial Scheduling Order will be issued.The Court encouraged the parties to consider possibilities for resolving the matter. (JDF) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
74

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/3/2017. Discovery due by 12/15/2017. Motions (non-disp) due 1/2/2018. Motions (disp) due by 5/1/2018. Ready for trial due by 10/1/2018. Signed by Magistrate Judge Hildy Bowbeer on 5/16/17. (JDF) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
75

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 6/7/2017. (JDF) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
76

ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 8/18/2017 08:30 AM at the Federal Medical Center-Rochester, 2110 East Center Street, Rochester, Minnesota 55904 before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 6/8/17. (JDF) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
77

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Settlement Conference held on 8/18/2017. No settlement reached. (JDF) (Entered: 08/21/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
78

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 9/13/2017. Counsel updated the Court on the status of their settlement negotiations since the settlement conference on August 18. The parties will continue to work diligently toward resolution. The Court will hold another status conference by telephone with counsel on Friday October 13, 2017, at 1:00 p.m. In addition to communicating with each other throughout the intervening month to make progress on settlement, counsel are expected to meet and confer in advance of the October 13 call to assure that they have advised each other of any positions and updates they expect to share with the Court. (JDF) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
79

Minute Entry: for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 10/13/2017. (MMP) (Entered: 10/17/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
80

STIPULATION for Order Granting Defendants Leave to Depose Plaintiff Under Fed.R.Civ.P. 30(a)(2)(B) by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody. (Siekert, Friedrich) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
81

PROPOSED ORDER TO JUDGE re 80 Stipulation,. (Siekert, Friedrich) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
82

ORDER re 80 Stipulation that Defendants may take the deposition of Plaintiff on November 14, 2017, at 8:00 a.m., and the deposition shall continue for seven hours (excepting reasonable breaks for lunch, rest room, and otherwise) on November 14, 2017; on November 15, 2017; and/or on any other date and time to which the parties by counsel agree mutually. Signed by Magistrate Judge Hildy Bowbeer on 11/8/17. (JDF) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
83

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 11/17/2017. The Court will hold another status conference by telephone with counsel on December 20, 2017, at 8:30 a.m. The Court will conduct that call by conference bridge, and will circulate call-in information to counsel in advance of the call. (JDF) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
84

STIPULATION to Amend Pretrial Schedule by Sheila Hadaway, Paul Harvey, Mitchel Holliday, Thomas R. Kane, Lon Kreig, Leann LaRiva, Kathy Mayhew, Sara M. Revell, Deborah G. Schult, United States Federal Bureau of Prisons. Jointly Signed by Brent Michael Woody. (Siekert, Friedrich) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
85

PROPOSED ORDER TO JUDGE re 84 Stipulation,. (Siekert, Friedrich) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
86

AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 2/15/2018. Motions (non-disp) due 4/15/2018. Motions (disp) due by 5/15/2018. Ready for trial due by 10/15/2018. Signed by Magistrate Judge Hildy Bowbeer on 12/12/17. (AKL) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
87

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Telephone Status Conference held on 12/20/2017. Counsel will meet and confer on or before January 12, 2018, and will email a joint update letter to chambers on or before January 16, 2018. The Court will hold another status conference call with counsel Status Conference set for 1/18/2018 10:00 AM before Magistrate Judge Hildy Bowbeer. (las) (Entered: 12/21/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
88

TEXT ONLY ORDER: The Court has reviewed the letter submitted by the parties dated January 16, 2018 and agrees to reschedule the status conference set for January 18, 2018. The call will be rescheduled to JANUARY 31, 2018 at 11:30 a.m. by conference bridge; call-in instructions will be provided in advance of the call. Signed by Magistrate Judge Hildy Bowbeer on 01/17/2018. (JMK) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
89

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held on 1/31/2018. (JDF) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
90

TEXT ONLY ORDER: The Court is in receipt of the parties' letter dated February 6, 2018, notifying the Court that the parties have reached a full and final settlement in this case and that they expect to file a dismissal on or before June 1, 2018. The parties are instructed to e-file their letter to the Court. IT IS HEREBY ORDERED that all deadlines set forth in the Court's Pretrial Scheduling Order are stayed until JUNE 1, 2018; however, the parties shall e-file a joint update by MAY 1, 2018, reporting on their progress toward completion of the items necessary for dismissal, if the case has not already been dismissed by that time. Signed by Magistrate Judge Hildy Bowbeer on 02/06/2018. (JMK) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
91

LETTER TO MAGISTRATE JUDGE by Brent Michael Woody regarding settlement. (Schmidt, Steven) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
92

STIPULATION of Dismissal With Prejudice by all parties. (Schmidt, Steven) Modified on 5/2/2018 (AKL). (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
93

PROPOSED ORDER TO JUDGE re 92 Stipulation of Dismissal. (Schmidt, Steven) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
94

ORDER FOR DISMISSAL WITH PREJUDICE re: Stipulation 92 . This action, and all claims asserted herein, may be fully and finally DISMISSED WITH PREJUDICE, and without further fees, costs, expenses or disbursements of any kind or nature to any current or former party. Signed by Judge Donovan W. Frank on 5/2/2018. (las) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Prison Conditions

Key Dates

Filing Date: April 1, 2016

Closing Date: May 2, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private individual represented by P&A

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Bureau of Prisons, Federal

United States Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

disability, unspecified

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)