Case: Pearson v. Hodgson

1:18-cv-11130 | U.S. District Court for the District of Massachusetts

Filed Date: May 30, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the price of phone calls made from Bristol County, Massachusetts correctional facilities, which a group of incarcerated individuals and their loved ones alleged were nearly doubled by an illegal kickback scheme orchestrated by the Bristol County Sheriff's Office (BCSO). On May 2, 2018, the plaintiffs filed a class-action suit in Massachusetts state court against the Bristol County Sheriff in his individual and official capacities, the BCSO, and Securus Technologies, the telec…

This case is about the price of phone calls made from Bristol County, Massachusetts correctional facilities, which a group of incarcerated individuals and their loved ones alleged were nearly doubled by an illegal kickback scheme orchestrated by the Bristol County Sheriff's Office (BCSO). On May 2, 2018, the plaintiffs filed a class-action suit in Massachusetts state court against the Bristol County Sheriff in his individual and official capacities, the BCSO, and Securus Technologies, the telecommunications provider of inmate calling services to Bristol County.

The plaintiffs sued the defendants for violating the Massachusetts Constitution and state law by charging the plaintiffs unlawful taxes or fees, committing the tort of conversion, and engaging in unfair or deceptive practices. Represented by the National Legal Consumer Law Center, Prisoners' Legal Service of Massachusetts, the Wilmerhale Legal Services Center of Harvard Law School, and private counsel, the plaintiffs sought a declaration that the alleged kickback scheme was unlawful, an injunction to stop the payments from continuing, and damages or restitution for the illegal payments. On May 30, 2018, Securus removed the case to the District Court for the District of Massachusetts. The case was assigned to Judge Indira Talwani.

The plaintiffs claimed that in exchange for an exclusive service contract, Securus agreed to pay BCSO prearranged cash payments—sometimes called “site commissions”—amounting to nearly half of all revenues from phone calls placed by incarcerated people. From August 2011 to June 2013, the plaintiffs claimed Securus paid over $1,172,000 to BCSO in illegal kickbacks under this scheme. Securus passed on the added cost of these payments to incarcerated people, approximately doubling what they paid while providing no improvement to the quality of services provided.

The defendants filed a motion to dismiss for failure to state a claim on July 20, 2018. On December 20, Judge Talwani allowed the plaintiffs' claims for injunctive relief to proceed but dismissed their claims against the Sheriff of Bristol County in his individual capacity, as well as their claims for monetary damages. The court found no indication that the Massachusetts legislature intended to authorize the sheriff to impose the challenged fees. Further, Judge Talwani dismissed the plaintiffs' claim against Securus for the tort of conversion, finding that the plaintiffs voluntarily agreed to pay the fees,but allowed their claim that Securus engaged in unfair and deceptive trade practices to proceed. 363 F. Supp. 3d 197.

In July 2019, the defendants filed motions for judgment on the pleadings, and the plaintiffs filed for partial summary judgment against the Sheriff of Bristol County, seeking a declaration that the payments the sheriff made to Securus were illegal. On June 11, 2020, Judge Talwani heard oral arguments on the parties' cross-motions, and on June 22, Judge Talwani granted the defendants' motions for judgment on the pleadings, denied all of the plaintiffs' claims against the defendants, and denied the plaintiffs' motion for class certification. 468 F. Supp. 3d 459.

Judge Talwani held that while the plaintiffs' concern that the Bristol County Sheriff was generating revenue through charges paid by incarcerated individuals and their families for phone services was timely and warranted, it was ultimately a policy question for the legislature. On the legal question of whether the sheriff had authority to generate revenue from telephone services, Judge Talwani held that the sheriff did have that authority. 468 F. Supp. 3d 459.

However, on March 31, 2021, Judge Talwani set aside the June 22 judgment in response to the plaintiffs' motion to alter or amend the judgment and certify the question of law to the Massachusetts Supreme Judicial Court. 2021 WL 1210358. Judge Talwani explained that the court made its earlier ruling on an interpretation of two different provisions of state law that together provided the necessary authority for the sheriff's actions. The interpretation of one of those provisions, critical to the court's ruling, was not an argument advanced by either party, nor was it relied on or cited to in either party's briefs, nor considered relevant by the parties when asked at oral argument. Judge Talwani concluded that the issue should be addressed with the benefit of the adversarial process for justice to be done. Because the issue was peculiar to Massachusetts state law and central to the plaintiffs' case, Judge Talwani considered it proper to certify the question to the Massachusetts Supreme Judicial Court.

On April 8, 2021, Judge Talwani certified the issue of law to the Massachusetts Supreme Judicial Court, which issued a notice of entry to the parties on April 23, 2021. Oral arguments were held on October 13, 2021. As of March 31, 2022, the Court had not yet issued a ruling.

Summary Authors

Ethan Haughie (3/31/2022)

Documents in the Clearinghouse

Document
1-A

Complaint

Massachusetts state trial court

May 2, 2018

May 2, 2018

Complaint
28

1:18-cv-11130

Securus Technologies, INC.'s Motion to Dismiss

July 20, 2018

July 20, 2018

Pleading / Motion / Brief
29

1:18-cv-11130

Securus Technologies, INC.'s Memorandum of Law in Support of its Motion to Dismiss

July 20, 2018

July 20, 2018

Pleading / Motion / Brief
35

1:18-cv-11130

Plaintiffs' Memorandum of Law in Opposition to Securus Technologies, Inc.'s Motion to Dismiss

Aug. 17, 2018

Aug. 17, 2018

Pleading / Motion / Brief
45

1:18-cv-11130

Memorandum & Order

363 F.Supp.3d 197

Dec. 20, 2018

Dec. 20, 2018

Order/Opinion
70

1:18-cv-11130

Plaintiffs' Motion for Partial Summary Judgment on Count 1 of their Complaint Against Defendant Thomas M. Hodgson in his Official Capacity as Sheriff of Bristol County

July 26, 2019

July 26, 2019

Pleading / Motion / Brief
114

1:18-cv-11130

Memorandum & Order

468 F.Supp.3d 459

June 22, 2020

June 22, 2020

Order/Opinion
122

1:18-cv-11130

Memorandum & Order Vacating Judgment and Granting Request to Certify Question to the Massachusetts Supreme Judicial Court

2021 WL 1210358

March 31, 2021

March 31, 2021

Order/Opinion
126

1:18-cv-11130

Notice of Entry

Massachusetts state supreme court

April 28, 2021

April 28, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8434571/pearson-v-hodgson/

Last updated Aug. 10, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Securus Technologies, Inc. ( Filing fee: $ 400, receipt number 0101-7161987 Fee Status: Filing Fee paid) (Attachments: # 1 Ex. A - State Court Complaint, # 2 Ex. B - Delaware Secretary of State's Confirmations of Incorporations, # 3 Ex. C - Declaration of Russell Roberts, # 4 Ex. D - Antoon v. Securus Technologies, Inc., Class Action Complaint, # 5 Ex. E - Antoon v. Securus Technologies, Inc., Consent Judgment, # 6 Ex. F - State Court Summons, # 7 Ex. G - State Court Civil Action Cover Sheet, # 8 Civil Cover Sheet Civil Action Cover Sheet for Notice of Removal, # 9 Category Form for Notice of Removal)(McGee, Amanda) (Entered: 05/30/2018)

1 Ex. A - State Court Complaint

View on RECAP

2 Ex. B - Delaware Secretary of State's Confirmations of Incorporations

View on PACER

3 Ex. C - Declaration of Russell Roberts

View on PACER

4 Ex. D - Antoon v. Securus Technologies, Inc., Class Action Complaint

View on PACER

5 Ex. E - Antoon v. Securus Technologies, Inc., Consent Judgment

View on PACER

6 Ex. F - State Court Summons

View on RECAP

7 Ex. G - State Court Civil Action Cover Sheet

View on PACER

8 Civil Cover Sheet Civil Action Cover Sheet for Notice of Removal

View on PACER

9 Category Form for Notice of Removal

View on PACER

May 30, 2018

May 30, 2018

PACER
2

CORPORATE DISCLOSURE STATEMENT by Securus Technologies, Inc. identifying Corporate Parent SCRS Holding Corporation, Other Affiliate Platinum Equity Capital Partners IV, L.P. for Securus Technologies, Inc... (McGee, Amanda) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
3

NOTICE of Appearance by Amanda V. McGee on behalf of Securus Technologies, Inc. (McGee, Amanda) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
4

NOTICE of Appearance by Jason D. Frank on behalf of Securus Technologies, Inc. (Frank, Jason) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
5

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (adminn, ) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
6

Certified Copy of Notice of Removal Provided to Defense Counsel by mail.(Burgos, Sandra) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
7

Assented to MOTION for Extension of Time to July 13, 2018 to To Respond to Complaint by Securus Technologies, Inc..(McGee, Amanda) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
8

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth B. Herrington Filing fee: $ 100, receipt number 0101-7170233 by Securus Technologies, Inc.. (Attachments: # 1 Exhibit Declaration of Elizabeth B. Herrington, # 2 Exhibit Certificate of Good Standing)(McGee, Amanda) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Megan R. Braden Filing fee: $ 100, receipt number 0101-7170292 by Securus Technologies, Inc.. (Attachments: # 1 Exhibit Declaration of Megan R. Braden, # 2 Exhibit Certificate of Good Standing)(McGee, Amanda) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
10

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 7 Assented to MOTION for Extension of Time to July 13, 2018 to To Respond to Complaint. (DaSilva, Carolina) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
11

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 8 Motion for Leave to Appear Pro Hac Vice Added Elizabeth B. Herrington; ALLOWING 9 Motion for Leave to Appear Pro Hac Vice Added Megan R. Braden. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
12

NOTICE of Appearance by Elizabeth A. Ryan on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Ryan, Elizabeth) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
13

NOTICE of Appearance by John J. Roddy on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Roddy, John) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
14

STATE COURT Record. (McGee, Amanda) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
15

NOTICE of Appearance by Stuart T. Rossman on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Rossman, Stuart) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
16

SUMMONS Returned Executed Thomas M Hodgson served on 6/5/2018, answer due 6/26/2018; Securus Technologies, Inc. served on 5/7/2018, answer due 7/13/2018. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rossman, Stuart) Modified text, event type on 6/18/2018 (DaSilva, Carolina). (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
17

MOTION for Leave to Appear Pro Hac Vice for admission of Joanna K. Darcus Filing fee: $ 100, receipt number 0101-7195695 by Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker. (Attachments: # 1 Declaration of Joanna K. Darcus)(Rossman, Stuart) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
18

MOTION for Leave to Appear Pro Hac Vice for admission of Brian Highsmith Filing fee: $ 100, receipt number 0101-7195708 by Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker. (Attachments: # 1 Declaration of Brian Highsmith)(Rossman, Stuart) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
19

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 17 Motion for Leave to Appear Pro Hac Vice Added Joanna K. Darcus; ALLOWING 18 Motion for Leave to Appear Pro Hac Vice Added Brian Highsmith. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (DaSilva, Carolina) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
20

First MOTION for Extension of Time to July 13, 2018 to File Response/Reply by Thomas M Hodgson.(Novack, Robert) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
21

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 20 Assented-To Motion for Extension of Time to Respond to Complaint. Answer/Response due 7/13/2018. (DaSilva, Carolina) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
22

NOTICE of Appearance by Roger J. Bertling on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Bertling, Roger) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
23

Assented to MOTION for Extension of Time to July 20, 2018 to To Respond to Complaint by Thomas M Hodgson, Securus Technologies, Inc..(McGee, Amanda) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
24

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 23 Assented to MOTION for Extension of Time to July 20, 2018 to To Respond to Complaint. (DaSilva, Carolina) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
25

NOTICE of Appearance by Elizabeth B. Herrington on behalf of Thomas M Hodgson (Herrington, Elizabeth) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
26

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas M Hodgson.(Herrington, Elizabeth) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
28

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Securus Technologies, Inc..(Herrington, Elizabeth) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

Clearinghouse
27

MEMORANDUM in Support re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas M Hodgson. (Herrington, Elizabeth) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
29

MEMORANDUM in Support re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Securus Technologies, Inc.. (Attachments: # 1 Exhibit A)(Herrington, Elizabeth) (Entered: 07/20/2018)

1 Exhibit A

View on RECAP

July 20, 2018

July 20, 2018

Clearinghouse
30

ELECTRONIC NOTICE issued requesting courtesy copy for: 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 Memorandum in Support of Motion. 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 29 Memorandum in Support of Motion. Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by July 25, 2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
31

NOTICE of Appearance by Bonita P. Tenneriello on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Tenneriello, Bonita) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
32

Assented to MOTION for Extension of Time to August 17, 2018 to File Response/Reply as to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker.(Darcus, Joanna) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
33

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 32 Motion for Extension of Time to File Response re: 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 8/17/2018. (DaSilva, Carolina) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
34

MEMORANDUM in Opposition re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker. (Darcus, Joanna) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
35

MEMORANDUM in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker. (Darcus, Joanna) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

Clearinghouse
36

ELECTRONIC NOTICE Setting Hearing on Motion 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 10/23/2018 02:30 PM in Courtroom 9 before Judge Indira Talwani. (Lovett, Jarrett) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
37

MOTION for Leave to File Reply Memorandum of Law in Support of its Motion to Dismiss [Unopposed] by Securus Technologies, Inc.. (Attachments: # 1 Exhibit A - Proposed Reply)(Herrington, Elizabeth) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
38

MOTION for Leave to File Reply Memorandum of Law in Support of His Motion to Dismiss [Unopposed] by Thomas M Hodgson. (Attachments: # 1 Exhibit A - Proposed Reply)(Herrington, Elizabeth) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
39

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 37 MOTION for Leave to File Reply Memorandum of Law in Support of its Motion to Dismiss; ALLOWING 38 MOTION for Leave to File Reply Memorandum of Law in Support of its Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include- Leave to file granted on (date of order)- in the caption of the document. (DaSilva, Carolina) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
40

REPLY to Response to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Securus Technologies, Inc.. (Herrington, Elizabeth) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
41

REPLY to Response to 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas M Hodgson. (Herrington, Elizabeth) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
42

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/23/2018 re 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas M Hodgson, 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Securus Technologies, Inc. Case called. Court hears argument from counsel. Motions taken under advisement. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Rossman, Highsmith, Darcus, Pingeon (to file an appearance), Herrington, Frank, McGee) (MacDonald, Gail) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
43

Transcript of Motion Hearing held on October 23, 2018, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/30/2019. (Scalfani, Deborah) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
44

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
45

Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. The court ALLOWS in part and DENIES in part Sheriff Hodgson's 26 Motion to Dismiss and Securus's 28 Motion to Dismiss. (DaSilva, Carolina) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

Clearinghouse
46

MOTION for Extension of Time to 1/24/2019 to Respond to Complaint (Unopposed) by Thomas M Hodgson, Securus Technologies, Inc..(Herrington, Elizabeth) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
47

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 46 MOTION for Extension of Time to 1/24/2019 to Respond to Complaint. (DaSilva, Carolina) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
48

NOTICE of Scheduling Conference: Scheduling Conference set for 2/26/2019 03:15 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
49

ANSWER to Complaint with Jury Demand by Securus Technologies, Inc..(Herrington, Elizabeth) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
50

ANSWER to Complaint with Jury Demand by Thomas M Hodgson.(Herrington, Elizabeth) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
51

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Certification for Kellie Pearson; Certification for the Law Offices of Mark Booker, # 2 Certification for Thomas M. Hodgson, # 3 Certification for Securus Technologies, Inc.)(Darcus, Joanna) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
52

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 2/26/2019. Case called. Court has colloquy with counsel. Case to proceed with bifurcated discovery. Deadline to seek leave to add new parties/amend pldgs., etc. due 4/2/19. Motions for class cert. due 8/18/19. Discovery to be completed by 9/18/2019. Status Conference set for 9/18/2019 02:15 PM in Courtroom 9 before Judge Indira Talwani. Dispos. Motions due by 10/18/2019. Parties to jointly report to clerk any request for ADR. Scheduling Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Rossman, Tenneriello, Highsmith, Darcus, Herrington, Novack, McGee, Braden) (MacDonald, Gail) (Entered: 02/27/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
53

Judge Indira Talwani: ORDER entered. SCHEDULING ORDER: See Order Attached (Haran, Jodi) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
54

Transcript of Scheduling Conference held on February 26, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com Redaction Request due 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/3/2019. (Scalfani, Deborah) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
55

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
56

Disclosure pursuant to Rule 26 by Kellie Pearson, The Law Offices of Mark Booker.(Rossman, Stuart) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
57

Joint MOTION for Protective Order by Thomas M Hodgson, Securus Technologies, Inc.. (Attachments: # 1 Exhibit 1)(Herrington, Elizabeth) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
58

Judge Indira Talwani: STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT entered. (Attachments: # 1 Exhibit) (Kinsella, Devan) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
59

NOTICE of Appearance by Ian D. Roffman on behalf of Thomas M Hodgson (Roffman, Ian) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
60

NOTICE of Withdrawal of Appearance by Elizabeth B. Herrington as counsel to Defendant Thomas M. Hodgson. (Herrington, Elizabeth) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
61

MOTION for Judgment on the Pleadings by Thomas M Hodgson.(Roffman, Ian) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

RECAP
62

MEMORANDUM in Support re 61 MOTION for Judgment on the Pleadings filed by Thomas M Hodgson. (Attachments: # 1 2009 Mass. Legis. Serv. Ch. 61 (S.B. 2119), # 2 Request for Response, # 3 Contract and Amendments, # 4 2013 Bill Text MA S.B. 1865, # 5 Sheriff's Policy Governing the Procurement of Commodities and Services, # 6 Independent State Auditor's Report, # 7 Senate Bill No. 1430, # 8 House Bill No. 3452, # 9 Written Testimony of NCLC)(Roffman, Ian) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
63

NOTICE of Appearance by Rebecca K. Schapiro on behalf of Roger Burrell, Brian Givens, Kellie Pearson, The Law Offices of Mark Booker (Schapiro, Rebecca) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
64

NOTICE of Withdrawal of Appearance by Amanda V. McGee (McGee, Amanda) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
65

MOTION for Judgment on the Pleadings by Securus Technologies, Inc..(Herrington, Elizabeth) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

RECAP
66

MEMORANDUM in Support re 65 MOTION for Judgment on the Pleadings filed by Securus Technologies, Inc.. (Herrington, Elizabeth) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
67

Assented to MOTION for Leave to File Consolidated Opposition to Motions for Judgment on the Pleadings by Kellie Pearson, The Law Offices of Mark Booker.(Rossman, Stuart) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
68

Judge Indira Talwani: ELECTRONIC ORDER ALLOWING Plaintiffs' Assented-to Motion to File a Consolidated Opposition to Motions for Judgment on the Pleadings 67 . Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kinsella, Devan) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER

Order on Motion for Leave to File Document

July 17, 2019

July 17, 2019

PACER
69

Opposition re 65 MOTION for Judgment on the Pleadings, 61 MOTION for Judgment on the Pleadings filed by Kellie Pearson, The Law Offices of Mark Booker. (Rossman, Stuart) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
70

MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson by Kellie Pearson, The Law Offices of Mark Booker.(Rossman, Stuart) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

Clearinghouse
71

MEMORANDUM in Support re 70 MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson filed by Kellie Pearson, The Law Offices of Mark Booker. (Rossman, Stuart) (Main Document 71 replaced on 7/31/2019 to correct typographical errors) (DaSilva, Carolina). (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
72

STATEMENT of facts re 70 MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson . (Rossman, Stuart) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
73

Assented to MOTION for Leave to File Replies in Support of Motions for Judgment on the Pleadings and Setting a Briefing Schedule by Thomas M Hodgson.(Roffman, Ian) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
74

EXHIBIT re 73 Assented to MOTION for Leave to File Replies in Support of Motions for Judgment on the Pleadings and Setting a Briefing Schedule by Thomas M Hodgson. (Roffman, Ian) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
75

Judge Indira Talwani: ELECTRONIC ORDER entered granting 73 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDonald, Gail) (Entered: 08/13/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
76

MOTION to Certify Class by Kellie Pearson, The Law Offices of Mark Booker.(Rossman, Stuart) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

RECAP
77

MEMORANDUM in Support re 76 MOTION to Certify Class filed by Kellie Pearson, The Law Offices of Mark Booker. (Attachments: # 1 Exhibit Declaration of Mark Booker, # 2 Exhibit Declaration of Kellie Pearson, # 3 Exhibit Declaration Of Class Action Experience Of Stuart T. Rossman, # 4 Exhibit Affidavit Of Elizabeth Ryan In Support Of Plaintiffs Motion For Class Certification)(Rossman, Stuart) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
78

Assented to MOTION for Extension of Time to September 27, 2019 to Oppose Plaintiffs' Motion for Class Certification by Securus Technologies, Inc..(Frank, Jason) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
79

Opposition re 70 MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson filed by Thomas M Hodgson. (Roffman, Ian) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
80

Counter Statement of Material Facts L.R. 56.1 re 70 MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson filed by Thomas M Hodgson. (Attachments: # 1 Exhibit Contract Amendment, # 2 Exhibit 2008 Bill from Governor Patrick, # 3 Exhibit 2009 Bill from Governor Patrick, # 4 Exhibit Senate Bill S1430, # 5 Exhibit House Bill H3452, # 6 Exhibit 2019 BCSO Audit)(Roffman, Ian) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
81

REPLY to Response to 61 MOTION for Judgment on the Pleadings filed by Thomas M Hodgson. (Roffman, Ian) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
82

REPLY to Response to 65 MOTION for Judgment on the Pleadings filed by Securus Technologies, Inc.. (Frank, Jason) (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER
83

Judge Indira Talwani: ELECTRONIC ORDER entered granting 78 Motion for Extension of Time (MacDonald, Gail) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER

Order on Motion for Extension of Time

Aug. 28, 2019

Aug. 28, 2019

PACER
84

REPLY to Response to 70 MOTION for Partial Summary Judgment on Count 1 of the Complaint Against Defendant Thomas Hodgson filed by Kellie Pearson, The Law Offices of Mark Booker. (Rossman, Stuart) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
85

Assented to MOTION for Extension of Time to September 30, 2019 to Complete Fact Discovery and to October 15, 2019 to oppose Plaintiffs' Motion for Class Certification by Securus Technologies, Inc..(Frank, Jason) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
86

Judge Indira Talwani: ELECTRONIC ORDER entered granting 85 Motion for Extension of Time. Status Conference set for 9/18/19 is RESET for 10/1/2019 02:45 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER

Order on Motion for Extension of Time

Sept. 17, 2019

Sept. 17, 2019

PACER
87

Set/Reset Deadlines as to 76 MOTION to Certify Class . Responses due by 10/15/2019 (MacDonald, Gail) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
88

Set/Reset Deadlines: Discovery to be completed by 9/30/2019 (MacDonald, Gail) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
89

NOTICE of Appearance by Elizabeth G. Hays on behalf of Securus Technologies, Inc. (Hays, Elizabeth) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
90

Assented to MOTION for Extension of Time to October 4, 2019 to Complete Discovery by Thomas M Hodgson.(Roffman, Ian) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
91

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 90 Motion for Extension of Time to Complete Discovery. Discovery to be completed by 10/4/2019. (Vieira, Leonardo) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER

Order on Motion for Extension of Time to Complete Discovery

Sept. 24, 2019

Sept. 24, 2019

PACER
92

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 10/1/2019. Case called. Court has colloquy with counsel. Fact Discovery deadline is 10/4; counsel report there is one scheduled depo left to take and another to finish; counsel to file a Joint Status Report memorializing any agreement as to discovery status. Request for Admissions due 10/23/19. Action stayed on Securus Technologies' motion. Expert discovery is stayed. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Highsmith, Schapiro, Bertling, Roffman, Frank, Herrington) (MacDonald, Gail) Modified on 10/16/2019 (MacDonald, Gail). (Entered: 10/10/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
93

Assented to MOTION for Extension of Time to 10/17/2019 to File Opposition to Plaintiffs' Motion for Class Certification by Thomas M Hodgson.(Roffman, Ian) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
94

Assented to MOTION to Seal Portions of Securus's Opposition to Plaintiffs' Motion for Class Certification by Securus Technologies, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Jason D. Frank, Esq.)(Frank, Jason) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
95

Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 93 Assented to MOTION for Extension of Time to 10/17/2019 to File Opposition; ALLOWING 94 Assented to MOTION to Seal Portions of Securus's Opposition. (Vieira, Leonardo) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Order on Motion to Seal

Oct. 17, 2019

Oct. 17, 2019

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 30, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals and families of individuals held in Bristol County correctional facilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of Massachusetts

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Bristol County Sheriff's Office (Bristol), County

Securus Technologies (Carrollton, Texas), Private Entity/Person

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Type of Facility:

Government-run