Case: Hinton v. District of Columbia

COMPLAINT against DISTRICT OF COLUMBIA ( Filing fee $ 402 receipt number ADCDC-8440959) filed by SUNDAY HINTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Michelman, Scott) (Entered: 05/11/2021)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 05/11/2021)

MOTION for Temporary Restraining Order by SUNDAY HINTON. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service & Certificate of Counsel, LCvR 65.1, # 4 Declaration of T Chen, # 5 Declaration of D Golden, # 6 Declaration of Dr. Kupers, # 7 Declaration of D. Pond, # 8 Declaration of S. Hinton, # 9 Exhibit A to Hinton Dec, # 10 Declaration of R. Cicurel, # 11 Exhibit A to Cicurel Dec, # 12 Exhibit B to Cicurel Dec, # 13 Exhibit C to Cicurel Dec, # 14 Exhibit D to Cicurel Dec, # 15 Exhibit E to Cicurel Dec)(Michelman, Scott) (Entered: 05/11/2021)

MOTION for Preliminary Injunction by SUNDAY HINTON. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of T Chen, # 4 Declaration of D Golden, # 5 Declaration of Dr Kupers, # 6 Declaration of D Pond, # 7 Declaration of S Hinton, # 8 Exhibit A to Hinton Dec, # 9 Declaration of R Cicurel, # 10 Exhibit A to Cicurel Dec, # 11 Exhibit B to Cicurel Dec, # 12 Exhibit C to Cicurel Dec, # 13 Exhibit D to Cicurel Dec, # 14 Exhibit E to Cicurel Dec)(Michelman, Scott) (Entered: 05/11/2021)

Emergency MOTION to Expedite SHORTEN DEFENDANTS TIME TO RESPOND TO PLAINTIFFS APPLICATION FOR A TEMPORARY RESTRAINING ORDER re 3 MOTION for Temporary Restraining Order by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) Modified event on 5/12/2021 (znmw). (Entered: 05/11/2021)

NOTICE of Appearance by Arthur B. Spitzer on behalf of SUNDAY HINTON (Spitzer, Arthur) (Entered: 05/11/2021)

MOTION for Class Certification and Appointment of Class Counsel by SUNDAY HINTON. (Attachments: # 1 Declaration of S Marcus, # 2 Declaration S Michelman, # 3 Text of Proposed Order)(Michelman, Scott) Modified on 5/11/2021 to enhance docket text (znmg). Added MOTION to Appoint Lead Counsel on 5/12/2021 (znmw). (Entered: 05/11/2021)

1 Declaration of S Marcus

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2 Declaration S Michelman

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3 Text of Proposed Order

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CERTIFICATE OF SERVICE by SUNDAY HINTON re 4 MOTION for Preliminary Injunction and all accompanying papers. (Michelman, Scott) (Entered: 05/11/2021)

Case Assigned to Judge John D. Bates. (znmg)

SUMMONS (2) Issued Electronically as to DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 05/11/2021)

MINUTE ORDER: Upon consideration of 5 plaintiff's emergency motion to shorten defendant's time to respond, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendant's response shall be filed by not later than May 12, 2021, at 11:59 PM, and plaintiff's reply shall be filed by not later than May 13, 2021, at 4:00 PM. SO ORDERED. Signed by Judge John D. Bates on 5/11/2021. (lcjdb1)

NOTICE of Appearance by Steven D. Marcus on behalf of SUNDAY HINTON (Marcus, Steven) (Entered: 05/11/2021)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/11/2021. ( Answer due for ALL D.C. DEFENDANTS by 6/1/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 05/11/2021. (Michelman, Scott) (Entered: 05/11/2021)

Case Assigned/Reassigned

Order on Motion for Miscellaneous Relief

NOTICE of Appearance by Pamela A. Disney on behalf of DISTRICT OF COLUMBIA (Disney, Pamela) (Entered: 05/12/2021)

Set/Reset Deadlines: Response due by 5/12/2021. Reply due by 5/13/2021. (tb)

NOTICE of Appearance by Brendan Russell Heath on behalf of DISTRICT OF COLUMBIA (Heath, Brendan) (Entered: 05/12/2021)

Memorandum in opposition to re 3 MOTION for Temporary Restraining Order filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 05/12/2021)

1 Exhibit Exhibit A

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2 Text of Proposed Order

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Set/Reset Deadlines

MINUTE ORDER: It is hereby ORDERED that a telephonic status conference is SCHEDULED for May 14, 2021, at 11:45 AM. SO ORDERED. Signed by Judge John D. Bates on 5/13/2021. (lcjdb1)

Set/Reset Hearings: Status Conference set for 5/14/2021 at 11:45 AM in Telephonic/VTC before Judge John D. Bates. (tb)

REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order filed by SUNDAY HINTON. (Attachments: # 1 Declaration Supp. of S. Hinton, # 2 Declaration Supp. R. Cicurel)(Michelman, Scott) (Entered: 05/13/2021)

1 Declaration Supp. of S. Hinton

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2 Declaration Supp. R. Cicurel

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NOTICE of Filing of Second Supp Decl. by SUNDAY HINTON re 15 Reply to opposition to Motion (Attachments: # 1 Declaration Second Supp. Decl. of S. Hinton)(Michelman, Scott) (Entered: 05/13/2021)

.Order

Set/Reset Hearings

NOTICE of Appearance by Andrew J. Saindon on behalf of DISTRICT OF COLUMBIA (Saindon, Andrew) (Entered: 05/14/2021)

Minute Entry: Telephone Conference held on 5/14/2021 before Judge John D. Bates: Hearing continued. Telephone Conference set for 5/18/2021 at 12:00 PM in Telephonic/VTC before Judge John D. Bates. Order forthcoming. (Court Reporter Bryan Wayne) (tb)

~Util - Set/Reset Hearings AND Telephone Conference

MINUTE ORDER: Upon consideration of the parties' proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the telephone conference scheduled for May 18 is CANCELED; it is further ORDERED that defendant's deadline for answering or otherwise responding to 1 plaintiff's complaint is STAYED until further order of this Court; and it is further ORDERED that the following schedule shall govern further briefing on 4 plaintiff's motion for preliminary injunction and 7 plaintiff's motion for class certification: plaintiff shall file a supplement to her motion for preliminary injunction by not later than June 1, 2021; defendant shall file its responses to plaintiff's motions for preliminary injunction and class certification by not later than June 15, 2021; and plaintiff shall file her replies thereto by not later than June 22, 2021. SO ORDERED. Signed by Judge John D. Bates on May 17, 2021. (lcjdb1)

Set/Reset Deadlines: Plaintiff's supplemental motion due by 6/1/2021. Response due by 6/15/2021 Reply due by 6/22/2021. (tb)

.Order

Set/Reset Deadlines

NOTICE by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit A: Release Order)(Heath, Brendan) (Entered: 05/27/2021)

SUPPLEMENTAL MEMORANDUM to re 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order Revised Preliminary Injunction, # 2 Declaration of A Richardson, # 3 Declaration of Q Judkins, # 4 Declaration of B Burrell, # 5 Declaration of C Phillips, # 6 Declaration of J Watkins, # 7 Declaration of L Moorman, # 8 Declaration of M Hines, # 9 Declaration of R Tucker, # 10 Declaration of S Robinson, # 11 Declaration of S Hinton (Third Supp.), # 12 Declaration of R Cicurel (Second Supp.), # 13 Exhibit A to Second Supp Cicurel Decl, # 14 Exhibit B to Second Supp Cicurel Decl)(Michelman, Scott) (Entered: 06/01/2021)

NOTICE of Appearance- Pro Bono by Megan Yan on behalf of SUNDAY HINTON (Attachments: # 1 Local Rule 83.2(g) certificate)(Yan, Megan) (Entered: 06/02/2021)

Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 06/09/2021)

1 Memorandum in Support

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2 Text of Proposed Order

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MINUTE ORDER: Upon consideration of 21 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file responses to 4 plaintiff's motion for preliminary injunction and 7 plaintiff's motion for class certification by not later than June 18, 2021, and plaintiff shall file her replies thereto by not later than June 25, 2021. SO ORDERED. Signed by Judge John D. Bates on 6/9/2021. (lcjdb1)

Set/Reset Deadlines: Defendant's responses due by 6/18/2021. Plaintiff's replies due by 6/25/2021. (tb)

Order on Motion for Extension of Time to File Response/Reply

Set/Reset Deadlines

Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A - Previous Policy, # 2 Exhibit B - Policy, # 3 Exhibit C - Akinboyewa Decl., # 4 Text of Proposed Order)(Disney, Pamela) (Entered: 06/18/2021)

Memorandum in opposition to re 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Disney, Pamela) (Entered: 06/18/2021)

Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 06/22/2021)

MINUTE ORDER: Upon consideration of 24 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that plaintiff's replies in support of her motion for summary judgment and motion for class certification shall be filed by not later than July 9, 2021. SO ORDERED. Signed by Judge John D. Bates on 6/22/2021. (lcjdb1)

Set/Reset Deadlines: Replies due by 7/9/2021. (tb)

.Order

Set/Reset Deadlines

Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 07/02/2021)

MINUTE ORDER: Upon consideration of 25 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that plaintiff's replies in support of her motion for summary judgment and motion for class certification shall be filed by not later than July 16, 2021. SO ORDERED. Signed by Judge John D. Bates on 7/2/2021. (lcjdb1)

Order on Motion for Extension of Time to File Response/Reply

Set/Reset Deadlines: Reply to motion for summary judgment and reply to motion for class certification due by 7/16/2021. (tb)

Set/Reset Deadlines

REPLY to opposition to motion re 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order (Second Revised), # 2 Declaration Supp. Moorman, # 3 Declaration Supp. Phillips, # 4 Declaration Supp. Watkins)(Michelman, Scott) (Entered: 07/16/2021)

MINUTE ORDER: Upon consideration of 26 plaintiff's reply, and the entire record herein, it is hereby ORDERED that defendant shall file any surreply by not later than July 27, 2021. SO ORDERED. Signed by Judge John D. Bates on 7/21/2021. (lcjdb1)

.Order

Set/Reset Deadlines: Surreply due by 7/27/2021. (tb)

SURREPLY to re 26 Reply to opposition to Motion, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A: Landerkin Declaration)(Heath, Brendan) (Entered: 07/27/2021)

1 Exhibit A: Landerkin Declaration

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MOTION for Leave to File Supplemental Declaration in support of Preliminary Injunction & Class Certification by SUNDAY HINTON. (Attachments: # 1 Declaration of S. Marcus, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 08/03/2021)

ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/3/2021. (lcjdb1) (Entered: 08/03/2021)

Consent MOTION to Continue Reschedule Hearing re 29 Order on Motion for Leave to File by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) Modified event on 8/5/2021 (znmw). (Entered: 08/04/2021)

MINUTE ORDER: Upon consideration of 30 plaintiffs consent motion to reschedule hearing, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that the hearing set for August 19, 2021 is RESCHEDULED for August 24, 2021, at 4:00 PM. SO ORDERED. Signed by Judge John D. Bates on 8/5/2021. (lcjdb1)

Set/Reset Hearings: Status Conference reset for 8/24/2021 at 04:00 PM in Telephonic/VTC before Judge John D. Bates. (tb)

ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/5/2021. (lcjdb1) (Entered: 08/05/2021)

Order on Motion to Continue

Set/Reset Hearings

ENTERED IN ERROR.....Set/Reset Hearings: Motion Hearing set for 8/19/2021 at 10:30 AM in Telephonic/VTC before Judge John D. Bates. Set/Reset Deadlines:(Amended Pleadings due by 8/20/2021). (tb) Modified on 8/11/2021 (jth).

Set/Reset Deadlines: Response to questions in Order 31 due by 8/17/2021. (tb)

Set/Reset Deadlines AND Set/Reset Hearings

Set/Reset Deadlines

AMENDED COMPLAINT against DISTRICT OF COLUMBIA filed by SUNDAY HINTON.(Michelman, Scott) (Entered: 08/10/2021)

NOTICE OF CORRECTED DOCKET ENTRY: The 8/6/2021 Set/Reset Hearings, Set/Reset Deadlines was entered in error by the Court and counsel are instructed to disregard the reset of deadlines and hearings notice. (zjth)

Notice of Corrected Docket Entry

NOTICE OF WITHDRAWAL OF APPEARANCE as to SUNDAY HINTON. Attorney Megan Yan terminated. (Yan, Megan) (Entered: 08/13/2021)

RESPONSE TO ORDER OF THE COURT re 31 Order filed by DISTRICT OF COLUMBIA. (Disney, Pamela) (Entered: 08/17/2021)

RESPONSE TO ORDER OF THE COURT re 31 Order -- Response to the Court's Questions -- filed by SUNDAY HINTON. (Spitzer, Arthur) (Entered: 08/17/2021)

Minute Entry: Motion Hearing held on 8/24/2021 before Judge John D. Bates: re 4 MOTION for Preliminary Injunction filed by SUNDAY HINTON and 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON; motions heard and taken under advisement. (Court Reporter Bryan Wayne) (tb)

Motion Hearing

MOTION for Leave to File Supplemental Declaration in support of Preliminary Injunction & Class Certification by SUNDAY HINTON. (Attachments: # 1 Declaration Second Supp. Decl. of C. Phillips, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 08/30/2021)

MINUTE ORDER: Upon consideration of 36 plaintiff's leave to file supplemental declaration, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendant shall file any factual materials in response by not later than September 7, 2021. SO ORDERED. Signed by Judge John D. Bates on 8/30/2021. (lcjdb1)

Set/Reset Deadlines: Factual material response due by 9/7/2021. (tb)

Order on Motion for Leave to File

Set/Reset Deadlines

RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to File, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Declaration C Reid, # 2 Declaration K Brooks, # 3 Exhibit Ex. A Inmate request slip, # 4 Exhibit Ex. B Inmate request slip)(Saindon, Andrew) (Entered: 09/07/2021)

MINUTE ORDER: Upon consideration of 37 defendant's response to the Court, and the entire record herein, it is hereby ORDERED that defendant shall submit a Notice briefly describing the outcome of Courtney Phillips's THC hearing by not later than September 10, 2021. SO ORDERED. Signed by Judge John D. Bates on 9/8/2021. (lcjdb1)

.Order

Set/Reset Deadlines: Notice due by 9/10/2021. (tb)

RESPONSE TO ORDER OF THE COURT re Order, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1)(Disney, Pamela) (Entered: 09/10/2021)

Set/Reset Deadlines

ORDER denying 4 plaintiff's motion for preliminary injunction and denying without prejudice 7 plaintiff's motion for class certification. Signed by Judge John D. Bates on 9/30/2021. (lcjdb1) (Entered: 09/30/2021)

MEMORANDUM OPINION. Signed by Judge John D. Bates on 9/30/2021. (lcjdb1) (Entered: 09/30/2021)

Set/Reset Deadlines: Proposed Briefing Schedule due by 10/14/2021. (tb)

Set/Reset Deadlines

Consent MOTION for Extension of Time to File Joint Scheduling Proposal by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 10/12/2021)

MINUTE ORDER: Upon consideration of 41 plaintiff's consent motion for an extension of time to submit a joint briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint proposed schedule by not later than November 15, 2021. SO ORDERED. Signed by Judge John D. Bates on 10/12/2021. (lcjdb1)

Order on Motion for Extension of Time to File

Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/15/2021. (tb)

Set/Reset Deadlines

Consent MOTION for Extension of Time to File Joint Proposed Briefing Schedule by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 11/12/2021)

MINUTE ORDER: Upon consideration of 42 defendant's consent motion for an extension of time to submit a joint briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint proposed schedule by not later than December 15, 2021. SO ORDERED. Signed by Judge John D. Bates on 11/12/21 (lcjdb1)