Case: Arnold v. Lewis

COMPLAINT FILED AND SUMMONS ISSUED (MAP) (Entered: 11/15/1991)

MOTION for temporary restraining order by plaintiff [2-1], for preliminary injunction by plaintiff [2-2] (MAP) (Entered: 11/15/1991)

MOTION for appointment of guardian ad litem by plaintiff [3-1] (MAP) (Entered: 11/15/1991)

MOTION to waive security by plaintiff [4-1] (MAP) (Entered: 11/15/1991)

MOTION to transfer case by plaintiff [5-1] (MAP) (Entered: 11/15/1991)

ORDER by Judge C A. Muecke that dfts Lewis & Migliaro are enjoined from transferring pla from ASH to DOC until such time as pla's mtn for prel/perm inj 2 has been ruled upon by the crt; FUR granting motion to waive security by plaintiff [4-1]; FUR granting motion for appointment of guardian ad litem by plaintiff [3-1]; FUR dfts shall file their resp to pla's mtn for prel/perm inj 2 NLT 11/18/91 @ 1:00. Dfts' memo shall not exceed 15 pages in length; FUR if the parties intend to offer exbts or put witnesses on the stand, they must prepare a lst of witnesses & exbts NLT 11/18/91. The parties shall contact the Crt's dpty clk, Rosalie Womack, for exbt tags & forms for exbt lsts...; FUR setting motion for preliminary/perm injunction by plaintiff [2-2] at 10:00 11/19/91 (see doc) (cc: all counsel) (ALL) (Entered: 11/15/1991)

SPECIAL APPEARANCE for AZ State Hospital & ADOC for limited purpose of filing retrn on TRO & mtn to dissolve TRO (ALL) (Entered: 11/15/1991)

(NOTICE of) verification of discharge by AZ State Hospital & ADOC (ALL) (Entered: 11/15/1991)

EX PARTE MOTION for temporary restraining order by plaintiff [9-1] (ALL) (Entered: 11/15/1991)

NTC OF FILING AFFIDAVIT of Leonardo Garcia-Bunuel, M.D. (ALL) (Entered: 11/15/1991)

TEMPORARY RESTRAINING ORDER by Judge C A. Muecke: enjoining dft Lewis & DOC from transferring H.B. from Flamenco, a DOC psychiatric facility where she is presently located. Dft may not transfer H.B. to Perryville, Florence on any other DOC facility. If necessary to ensure adequate treatment, she may be transferred to ASH; FUR enjoining dft Lewis & DOC from placing H.B. in lock down, isolation, seclusion, restraints or any other similar restraining method for any rsn whatsoever while she is in Flamenco; FUR O dft Lewis & DOC to notify H.B.'s cnsl, AZ Cntr for Law in the Public intrst, immediaately if @ any tm H.B. refuses to take medication; FUR this TRO is in effect ten days until 11/29/91 & may be extnded for good cause shown (cc: all counsel) (ALL) (Entered: 11/15/1991)

MOTION in limine re: admissibility of transfer transcript by plaintiff [12-1] (MAP) (Entered: 11/18/1991)

Verification of discharge (original) by John Migliaro (MAP) (Entered: 11/18/1991)

ORDER by Judge C A. Muecke (re: motion in limine [12-1]) that pla's shl hv til 11/18/91 @ 2:00pm to file their esp to motion (cc: all counsel) (MAP) (Entered: 11/18/1991)

ORDER by Judge Earl H. Carroll granting motion to transfer case by plaintiff [5-1] Case reassigned to Judge C A. Muecke (with notice sent) (cc: all counsel) (MAP) Modified on 11/18/1991 (Entered: 11/18/1991)

RESPONSE by defendant to motion for temporary restraining order & temporary & permanent injunction by plaintiff 2 & ex parte motion for temporary restraining order by plaintiff [9-1] [9-1] (former emp) (Entered: 11/19/1991)

RESPONSE by defendant to motion in limine re: admissibility of transfer transcript by plaintiff [12-1] (former emp) (Entered: 11/19/1991)

MOTION for expedited hrg on outstndng mtns prior to hrg on req for prelim inj by defendant [18-1] (former emp) (Entered: 11/19/1991)

MOTION to supplement relief by plaintiff [20-1] (MAP) (Entered: 11/22/1991)

RETURN OF SERVICE EXECUTED personal by defendant John Migliaro on 11/14/91 (MAP) (Entered: 11/22/1991)

RETURN OF SERVICE EXECUTED lft cpy w/Jeanne Struble by defendant Samuel Lewis on 11/14/91 (MAP) (Entered: 11/22/1991)

MOTION to expand pagination on motion to dissolve and/ordismiss for failure to state a clm by defendant [23-1] (MAP) (Entered: 11/22/1991)

WITNESS LIST & Exhibits by plaintiff (MAP) (Entered: 11/22/1991)

WITNESS & Exhibit LIST by defendant (MAP) (Entered: 11/22/1991)

Proposed document, motion to dissolve/dismiss, submitted by defendant (MAP)

REPLY Memo by plaintiff in sprt of motion in limine re: admissibility of transfer transcript by plaintiff [12-1] (MAP) (Entered: 11/22/1991)

JNT MOTION to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], &/or to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], or in the alt to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger: Hrg hld on mtn for prel inj [2-2]; FUR cnsl for pla & dfts orally amd TRO by stip, 1st & 2nd TRO; FUR pending mtns to be hld in abeyance (set aside) [31-1], [27-1], [18-1], [20-1], [12-1], [2-2], [23-1]; FUR if stlmnt negotiations are not completed, this hrg is cont to 11/25/91 @ 9:00 a.m.; FUR gr mtn to exceed pg limit, re: jnt mtn to dissolve &/or dism for failure to state a clm, or in the alt, mtn to stay by dfts AZ D.O.C./AZ State Hospital [23-1] (ALL)

ORDER by Judge C A. Muecke: cnsl shall--meet NLT 11/22/91 to discss prelim inj; by 11/25/91 file reqs for admssns; by 11/22/91 file jnt stip re exhbts; by 11/22/91 file jnt stmt; by 11/22/91 file summaries of testmny; by 11/22/91 delivr mrkd exhbts to chmbrs & contact crtrm deputy; hearing set 11/25/91 @ 1:00 ; by 12/6/91 file p/posed F/F & C/L; by 12/13/91 file resp to F/F & C/L (see doc for full details) (cc: all counsel) (former emp) (Entered: 11/21/1991)

SECOND MOTION to supplement relief by plaintiff [27-1] (MAP) (Entered: 11/25/1991)

JOINT PRETRIAL STMT (SCHEDULE) (ALL) (Entered: 11/26/1991)

JNT STIPULATION re admissibility of exbts for hrg on rqst for prel inj [2-2] (ALL) (Entered: 11/26/1991)

NOTICE by plaintiffs, defendants of smry of testimony of witnesses (purs to the crt's O of 11/21/91) (ALL) (Entered: 11/26/1991)

OBJ (RESPONSE) by plaintiffs to motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], & motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

Proposed document submitted by plaintiff, re: pla's obj to dfts' jnt mtn to dissolve &/or dism for failure to state a clm, or in the alt, mtn to stay (ALL)

MOTION to deliver amd exbt by plaintiff [31-1] (ALL) (Entered: 11/26/1991)

NOTICE by plaintiff of svc of dscvry (ALL) (Entered: 11/26/1991)

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger granting motion to deliver amd exbt (Exbt D) by plaintiff [31-1]; FUR exbts A-E offered & admitted; FUR gr dft lv to prepare addtl smry; FUR the TRO will remain in full force & effect; FUR cont motion for preliminary injunction by plaintiff [2-2] at 9:00 12/9/91 (ALL)

NOTICE of filing addtl exbt: exbt #78 (which is a smry of dfts' exbts #'s 8-77, already admitted into evidence) (ALL) (Entered: 12/02/1991)

NOTICE by plaintiff of filing 1st A/C (ALL) (Entered: 12/02/1991)

1ST AMENDED COMPLAINT by plaintiff [1-1]; adding Mary Vermeer, David Fernandez, & Marcel Leet (ALL) (Entered: 12/02/1991)

TEMPORARY RESTRAINING ORDER by Judge C A. Muecke : enjoining dft Lewis & DOC from transferring H.B. from Flamenco...this TRO is in effect until the crt rules on pla's mtn for prej inj or gr dfts' mtn to dism...(see doc) (cc: all counsel) (ALL) (Entered: 12/02/1991)

JNT REPLY by ADOC, AZ State Hospital in sprt of their motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1], motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2], or in the alt motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] (ALL) (Entered: 12/03/1991)

JNT STIPULATION to exttm w/in which to file ans to cmp [1-1] (ALL) (Entered: 12/04/1991)

ORDER by Judge C A. Muecke granting motion in limine re: admissibility of transfer transcript by plaintiff [12-1]; FUR granting motion for expedited hrg on outstndng mtns prior to hrg on req for prelim inj by defendant [18-1]; FUR granting motion to supplement relief by plaintiff [20-1]; FUR granting motion to supplement relief by plaintiff [27-1]; FUR dfts' mtn to expand pagination is gr [23-1]. The clk of crt shall file the mtn to dism lodged on 11/18/91; FUR plas' mtn to deliver amd exbt is gr (cc: all counsel) (ALL) (Entered: 12/04/1991)

RETURN OF SERVICE EXECUTED: s/c upon defendant Marcel Leet, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

RETURN OF SERVICE EXECUTED: s/c/O upon defendant David Fernandez, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

RETURN OF SERVICE EXECUTED s/c/O by defendant Mary Vermeer, prsnly on 11/27/91 (ALL) (Entered: 12/04/1991)

RETURN OF SERVICE EXECUTED: s/c upon Grant Woods, by srving Crystal Barber on 11/27/91 (ALL) (Entered: 12/04/1991)

ORDER by Judge C A. Muecke denying motion to dissolve (the 2nd TRO) by dfts John Migliaro, & Samuel Lewis [37-1] w/o prej; FUR denying motion to dismiss for failure to state a clm by dfts John Migliaro, & Samuel Lewis [37-2] w/o prej; FUR denying motion to stay (this action until resolution of a related cs crntly pending b/4 this crt which encompass pla's clms rendering this action duplicative) by dfts John Migliaro, & Samuel Lewis [37-3] w/o prej AS TO RENEWAL OF THE MTN BASED UPON THE A/C (cc: all counsel) (ALL) (Entered: 12/05/1991)

Court Reporter's Transcript of Preliminary inj Proceedings for the following date(s): 11/25/91 (ALL) (Entered: 12/06/1991)

CLERK'S MINUTES Judge Inits: CAM Crt Rptr: V Reger motion for preliminary injunction by plaintiff [2-2] hrg cont; FUR exbts F & G offered and admitted; FUR gr dft lv to file mtn to strike exbt #D-lockdown references by 12/12/91, RESP due 12/19, RPLY due 12/24; FUR dft orally moves to dismiss AZ State Hospital. Dft for Dpt of Corrections orally moves to dism action. Mtns argued. Mtns denied; FUR pla gr lv to re-open their cs for purs of putting Dr. David Fernandez on the witness stand; FUR crt recessed until Wednesday, December 11, 1991 @ 9:00 (ALL)

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger motion for preliminary injunction by plaintiff [2-2] hrg cont; FUR exbts 78 & 2nd Amd #D offered and admitted; FUR Exbt H (impeachmnt exbt) offered and admitted; FUR crt recessed until Friday, 12/13 @ 9:00 (ALL)

MOTION to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (ALL) (Entered: 12/17/1991)

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger mtn for perm inj hrg continued...recess until 1:15 p.m. (ALL)

CLERK'S MINUTES Judge Inits: CA Crt Rptr: V Reger re: mtn for perm inj hrg cont...; FUR cnsl will simultaneously file Findings of Fact & conclusions of law by 2/17/92; RESP by 3/9/92; FUR prel inj will remain in effect until the crt's final ruling; FUR cnsl for dfts will also file written mtns to dism, re: doctors by 1/14/92, resp by plas 1/28/92 & rply by dft 2/4/92; FUR separate trl memos also to be filed by cnsl on 3/9/92. At 4:45 p.m. O recess. (ALL)

STIPULATION to exttm w/in which to file ans to cmp [1-1] (ALL) (Entered: 12/18/1991)

NOTICE by AZ State Hospital of svc of resp to rqsts for admsn (ALL) (Entered: 12/18/1991)

ANSWER by dfts Samuel Lewis, Mary Vermeer, David Fernandez, (to cmp & A/C) (ALL) (Entered: 12/19/1991)

OBJ (RESPONSE) by plaintiffs to motion to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (ALL) (Entered: 12/20/1991)

Court Reporter's Transcript of (Trl to the crt) Proceedings for the following date(s): 12/9/91 (ALL) (Entered: 01/06/1992)

Court Reporter's Transcript of (trl) Proceedings for the following date(s): 12/11/91 (ALL) (Entered: 01/06/1992)

Court Reporter's Transcript of (trl) Proceedings for the following date(s): 12/13/91 (ALL) (Entered: 01/06/1992)

Court Reporter's Transcript of Prel inj Proceedings for the following date(s): 11/19/91 (ALL) (Entered: 01/07/1992)

NOTICE by defendant ADOC of svc of dft's resp to pla's 1st rqst for admsns (ALL) (Entered: 01/13/1992)

MOTION to dismiss for failure to state a clm by dfts John Migliaro, & Marcel Leet [58-1] (ALL) (Entered: 01/14/1992)

MEMORANDUM from Dpty in Charge, R.H., re: mailing of two separate O to AZ Atty General's office (ALL)

STIP (DISMISSAL NOTICE terminating defendants John Migliaro & Marcel Leet) (ALL) (Entered: 01/30/1992)

ORDER by Judge C A. Muecke gr stip dism w/prej dfts Migliaro & Leet from this action, each pty to bear his or her csts, & dism w/prej pla's 2nd, 3rd & 5th clms for relief against dfts Lewis & Fernandez, each pty to bear his or her own csts; FUR O that there is no just rsn for delay & that jgm in accordance w/this O s/b entered 4thwth (jgm unnecessary) (cc: all counsel/jgm dr) (ALL) (Entered: 01/31/1992)

PROPOSED FINDINGS OF FACT and conclusions of law by plaintiff (w/memo in sprt atchd) (MAP) Modified on 03/12/1992 (Entered: 02/18/1992)

NOTICE by dfts Charles L Arnold, David Fernandez, & Mary Vermeer of filing prop findings of fact & conclusions of law (ALL) (Entered: 02/19/1992)

MOTION to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (ALL) (Entered: 02/19/1992)

RESPONSE by plaintiffs to motion to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (ALL) (Entered: 03/10/1992)

OBJECTIONS by plaintiffs to prop findings of fact & conclusions of law [61-1] (ALL) (Entered: 03/10/1992)

ERRATA by plaintiffs to pla's memo in sprt (atchd to prop ff...) of prop findings of fact, conclsns of law & O [61-1] (ALL) (Entered: 03/12/1992)

RESPONSE by dfts Samuel Lewis, David Fernandez, & Mary Vermeer to resp to pla's memo in sprt (attchd to ff) of prop findings of fact [61-1] & concl of law & O & obj to prop findings of fact, conclsns of law & O (ALL) (Entered: 03/12/1992)

ERRATA by plaintiffs to proposed findings oof fact, conclusions of law & O [61-1] (ALL) (Entered: 04/30/1992)

ORDER by Judge C A. Muecke denying motion to strike (portions of pla's exbt D) by dfts Samuel Lewis, Mary Vermeer, & David Fernandez [48-1] (cc: all counsel) (MAP) (Entered: 06/12/1992)

ORDER by Judge C A. Muecke denying motion to dismiss by dfts Samuel Lewis, David Fernandez, & Mary Vermeer [63-1] (cc: all counsel) (MAP) (Entered: 06/12/1992)

ORDER by Judge C A. Muecke that these actions be consol. Any future pleadings s/b filed in Casey v. Lewis, CV 90-54-PHX-CAM Case consolidated 2:90-cv-54 with member cases 2:91-cv-1808 (cc: all counsel) (ALL) (Entered: 09/03/1992)

FINDINGS OF FACT and conclusions of law by Judge C A. Muecke: (gr mtn for injunction 2 ) [see doc for full details] (Cert copy of orig order filed in lead action CIV-90-54-PHX-CAM) (cc: all counsel) (CDE) Modified on 09/04/1992 (Entered: 09/03/1992)

ATTORNEY SUBSTITUTION: terminating attorney Tannis Fox for Charles L Arnold in 2:91-cv-01808 and substituting attorney Leslie J Cohen (CAD)

ATTORNEY SUBSTITUTION: terminating attorney Sonia D Overholser for David Fernandez in 2:91-cv-01808, for Mary Vermeer in 2:91-cv-01808, for Samuel Lewis in 2:91-cv-01808 and substituting attorney Edward G Hochuli, Kathleen L Wieneke, Daniel Patrick Struck for same dfts (CAD)

ATTORNEY APPEARANCE for pla Charles L Arnold/H.B. in 2:91-cv-01808 by Tannis Fox (CAD)

CERTIFIED COPY of 9CCA Mandate dismissing the appeal (cc: all counsel) [73-1] (DDL) (Entered: 04/05/1993)

ORDER by Judge C A. Muecke Frank Rundle, M.D. shall be appointed Special Master to formulate the inj relief, NLT 12/9/94 pla's shall file a written notice with the court indicating whether or not Mr. Rundle is available (cc: all counsel) re: order [556-1] (SRB)

MOTION for order by 212 inmates in the Central Unit to remove Janet Bliss from the position of Special Master [74-1] (ALL) (Entered: 04/02/1996)

ORDER by Judge C A. Muecke that dfts shall implement their proposed internal managemtn polices as soon as possible so that the parties and special master may determine whether they efectively implement the permanent injuction; vacating [719-1] order that the parties meet to settle differences in the internal management polices 2:90-cv-00054 (cc: all counsel) (SRB) (Entered: 04/11/1996)

REMARK; appeal filed in lead case CV 90-54 (#948) (REW)

REMARK; mandate filed (#964) in lead case 2/3/98, re: 97-16530 (REW)