Case: Wallace v. Mississippi Department of Corrections

COMPLAINT against Nathan Burl Cain, Donald Faucett, John & Jane Doe Defendants, Jeworski Mallett, Mississippi Department of Corrections, Vitalcore Health Strategies, LLC, XYZ Corporations ( Filing fee $ 402 receipt number AMSSDC-4628219), filed by Luther Hinton, Roger Havens, Disability Rights Mississippi, Tonisha Johnson, Bobby Henderson, Eric Wallace, Peggy Starns, Stephen Powers, Mondrick Bradley, Jeannie Mathis, Melissa Adams, Judy Wilbanks, Derrick Guyton, Thaddeus Jarvis, Justin Hill, Steven Miller, Sylvia Smith, Jimmy Nanney, Ida Weaver, Eric Kennedy, Keith O'Brien, Fred Patmon, Thalia Outlaw, William Walden, Anthony Loewenstein, Terry Lattimore, Latoria Brownlee, Pervis Everett, Lee Nix, Larry Allen, Lacrita Summerlin, Timothy Robinson. (Attachments: # 1 Exhibit A - DRMS Public Report, # 2 Exhibit B - July 12 Letter to MDOC, # 3 Civil Cover Sheet)(CO) (Entered: 08/10/2021)

1 Exhibit A - DRMS Public Report

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2 Exhibit B - July 12 Letter to MDOC

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3 Civil Cover Sheet

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NOTICE of Appearance by Brandi L. Brown on behalf of All Plaintiffs (Brown, Brandi) (Entered: 09/01/2021)

MOTION for Extension of Time to Serve Process by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 10/14/2021)

TEXT-ONLY ORDER granting 3 Motion for Extension of Time to Serve Process by ninety (90) days until February 7, 2021. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 10/19/2021 (BB)

Order on Motion for Extension of Time to Serve Process

Second MOTION for Extension of Time to Serve Processto all Defendants by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 01/24/2022)

TEXT-ONLY ORDER granting in part and denying in part 4 Motion for Extension of Time to Serve Process. It is ordered that the time to serve process shall be extended until March 15, 2022. No further extensions will be granted absent exceptional circumstances. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge LaKeysha Greer Isaac on 1/31/2022 (BB) (Entered: 01/31/2022)

Order on Motion for Extension of Time to Serve Process

Summons Issued as to Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections, Vitalcore Health Strategies, LLC. (CO) (Entered: 03/14/2022)

NOTICE of Appearance by Douglas T. Miracle-State Gov on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Miracle-State Gov, Douglas) (Entered: 03/15/2022)

NOTICE of Appearance by J. Chadwick Williams-State Gov on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 03/15/2022)

NOTICE of Appearance by Wilson D. Minor-State Gov on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Minor-State Gov, Wilson) (Entered: 03/15/2022)

NOTICE of Appearance by Gerald L. Kucia on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Kucia, Gerald) (Entered: 03/15/2022)

WAIVER OF SERVICE Returned Executed by Jeworski Mallett, Donald Faucett, Mississippi Department of Corrections, Nathan Burl Cain. Jeworski Mallett waiver sent on 3/15/2022, answer due 5/16/2022; Donald Faucett waiver sent on 3/15/2022, answer due 5/16/2022; Mississippi Department of Corrections waiver sent on 3/15/2022, answer due 5/16/2022; Nathan Burl Cain waiver sent on 3/15/2022, answer due 5/16/2022. (Williams-State Gov, J.) (Entered: 03/15/2022)

NOTICE of Appearance by John G. Wheeler on behalf of Vitalcore Health Strategies, LLC (Wheeler, John) (Entered: 03/15/2022)

NOTICE of Appearance by Michael D. Chase on behalf of Vitalcore Health Strategies, LLC (Chase, Michael) (Entered: 03/15/2022)

WAIVER OF SERVICE Returned Executed by Vitalcore Health Strategies, LLC. Vitalcore Health Strategies, LLC waiver sent on 3/15/2022, answer due 5/16/2022. (Chase, Michael) (Entered: 03/15/2022)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 05/13/2022)

ORDER granting 15 Motion for Extension of Time to Answer re 15 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint. Nathan Burl Cain answer due 6/15/2022; Donald Faucett answer due 6/15/2022; Jeworski Mallett answer due 6/15/2022; Mississippi Department of Corrections answer due 6/15/2022. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/13/22 (NL) (Entered: 05/13/2022)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by Vitalcore Health Strategies, LLC (Chase, Michael) (Entered: 05/16/2022)

ORDER granting 17 Motion for Extension of Time to Answer re 17 . Vitalcore Health Strategies, LLC answer due 6/15/2022. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/16/22 (NL) (Entered: 05/16/2022)

ANSWER to 1 Complaint,,, by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections.(Williams-State Gov, J.) (Entered: 06/15/2022)

ANSWER to 1 Complaint,,, by Vitalcore Health Strategies, LLC.(Wheeler, John) (Entered: 06/15/2022)

Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/4/2022 03:00 PM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012 (NL) (Entered: 06/17/2022)

SUGGESTION OF DEATH Upon the Record as to Plaintiff Jeannie Mathis by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 07/27/2022)

MOTION to Dismiss for Lack of Jurisdiction by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Attachments: # 1 Exhibit "A" - Lacrita Summerlin (205860) MDOC Inmate Parolee Search Record, # 2 Exhibit "B" - Roger Havens (207382) MDOC Inmate Parolee Search Record, # 3 Exhibit "C" - Anthony Lowenstein (179971) MDOC Inmate Parolee Search Record, # 4 Exhibit "D" - Peggy Starns (L0793) Offendertrak Search Record)(Williams-State Gov, J.) (Entered: 07/27/2022)

MEMORANDUM in Support re 23 MOTION to Dismiss for Lack of Jurisdiction filed by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 07/27/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Memorandum in Support of Motion, 23 MOTION to Dismiss for Lack of Jurisdiction by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 07/28/2022)

TEXT-ONLY ORDER granting 25 Unopposed Motion for Extension of Time to File Response/Reply as to MOTION to Dismiss for Lack of Jurisdiction. Responses due by 8/24/2022. Signed by District Judge Carlton W. Reeves on 7/29/22. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)

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

Minute Entry for proceedings held before Magistrate Judge LaKeysha Greer Isaac: Telephonic Case Management Conference held on 8/4/2022. Participants: Court conferred with parties regarding status and proposed schedule for class certification discovery. Parties are to submit joint ESI addendum within 10 days of TCMC. An order on schedule for class certification discovery will follow receipt of ESI addendum. (NL)

Telephonic Case Management Conference

Unopposed MOTION for Leave to File First Amended Complaint by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Attachments: # 1 Exhibit A - Proposed First Amended Complaint)(Martin, Greta) (Entered: 08/19/2022)

RESPONSE in Opposition re 23 MOTION to Dismiss for Lack of Jurisdiction filed by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 08/23/2022)

TEXT-ONLY ORDER granting 26 Motion for Leave to File First Amended Complaint. Plaintiffs are granted fourteen (14) days to file their First Amended Complaint. First Amended Complaint shall be filed no later than September 7, 2022. NO FURTHER ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 8/24/2022 (MJ)

Order on Motion for Leave to File

AMENDED COMPLAINT against All Defendants, filed by Luther Hinton, Roger Havens, Disability Rights Mississippi, Tonisha Johnson, Bobby Henderson, Eric Wallace, Peggy Starns, Stephen Powers, Mondrick Bradley, Jeannie Mathis, Melissa Adams, Judy Wilbanks, Derrick Guyton, Thaddeus Jarvis, Justin Hill, Steven Miller, Sylvia Smith, Jimmy Nanney, Ida Weaver, Eric Kennedy, Keith O'Brien, Fred Patmon, Thalia Outlaw, William Walden, Anthony Loewenstein, Terry Lattimore, Latoria Brownlee, Pervis Everett, Lee Nix, Larry Allen, Lacrita Summerlin, Timothy Robinson. (Attachments: # 1 Exhibit A - DRMS Public Report, # 2 Exhibit B - Notice of Intent Letter)(Martin, Greta) (Entered: 08/25/2022)

NOTICE of Appearance by Brittney S. Eakins-State Gov on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Eakins-State Gov, Brittney) (Entered: 08/25/2022)

TEXT-ONLY ORDER finding as moot 23 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Carlton W. Reeves on 8/26/22. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)

Order on Motion to Dismiss/Lack of Jurisdiction

SUGGESTION OF DEATH Upon the Record as to Plaintiff Ida Weaver by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 09/08/2022)

ANSWER to 28 Amended Complaint,, by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections.(Williams-State Gov, J.) (Entered: 09/08/2022)

MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Attachments: # 1 Exhibit "A" - MDOC Inmate Locator Justin Hill (163236), # 2 Exhibit "B" - 851 Final Judgment, Dockery, et al. v. Cain, et al., 3:13-cv-326, # 3 Exhibit "C" - 1267 Certified Copy of USCA Judgment/Mandate, Dockery, et al. v. Cain, et al., 3:13-cv-326, # 4 Exhibit "D" - Docket Report from Dockery, et al. v. Cain, et al., 3:13-cv-326)(Williams-State Gov, J.) (Entered: 09/08/2022)

MEMORANDUM in Support re 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel filed by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 09/08/2022)

ANSWER to 28 Amended Complaint, by Vitalcore Health Strategies, LLC.(Wheeler, John) (Entered: 09/08/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel, 33 Memorandum in Support of Motion, by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 09/09/2022)

TEXT-ONLY ORDER granting 35 Unopposed Motion for Extension of Time to File Response/Reply as to 32 MOTION for Judgment on the Pleadings. Responses due by 10/6/2022. Signed by District Judge Carlton W. Reeves on 9/15/22. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)

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

Second MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel, 33 Memorandum in Support of Motion, Unopposed - Due to Medical Emergency by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 10/06/2022)

TEXT ONLY ORDER granting 36 Motion for Extension of Time to File Response/Reply re 36 Second MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Actio Responses due by 10/17/2022. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Carlton W. Reeves on 10/11/2022 (TRS)

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

RESPONSE in Opposition re 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel filed by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 10/17/2022)

MEMORANDUM IN SUPPORT re 37 Response in Opposition to Motion, 32 MOTION for Judgment on the Pleadings filed by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) Modified on 10/17/2022 (LAT). (Entered: 10/17/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel by ten (10) days by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 10/24/2022)

TEXT-ONLY ORDER granting 39 Unopposed Motion for Extension of Time to File Response/Reply. The new deadline is 11/3/22. Signed by District Judge Carlton W. Reeves on 10/24/22. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (AC)

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

REPLY to Response to Motion re 32 MOTION for Judgment on the Pleadings as to Bobby Henderson and Justin Hill's inadequate medical care (First Cause of Action) and mental health care (Second Cause of Action) claims based on res judicata and collateral estoppel filed by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 11/03/2022)

ORDER denying 32 Motion for Partial Judgment on the Pleadings. Signed by District Judge Carlton W. Reeves on 11/18/22. (AC) (Entered: 11/18/2022)

CLASS CERTIFICATION SCHEDULING ORDER: The parties will exchange initial disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 on or prior to January 23, 2023; The deadline to file any motions to amend the pleadings or to join additional parties is December 20, 2023; The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is January 20, 2023; Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by April 3, 2023, for Plaintiffs' side, and by June 5, 2023, for Defendants' side; Discovery must be completed by August 21, 2023; Daubert motions challenging the parties' class certification experts must be filed by September 19, 2023; Plaintiffs' side motion for class certification and memorandum shall be filed by October 31, 2023 and shall not exceed 40 pages; the response by Defendants' side is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs' side will be due 7 days after Defendants' response and will not exceed 20 pages. (PLEASE REFER TO THE ORDER FOR ANY OTHER DATES/DEADLINES NOT MENTIONED IN THIS DOCKET TEXT). Signed by Magistrate Judge LaKeysha Greer Isaac on 12/15/2022 (NL) (Entered: 12/15/2022)

STIPULATION AND ORDER REGARDING ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge LaKeysha Greer Isaac on 12/15/2022 (NL) (Entered: 12/15/2022)

Unopposed MOTION for Protective Order by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 01/20/2023)

NOTICE of Service of Initial Disclosure by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Williams-State Gov, J.) (Entered: 01/23/2023)

***ERROR***Disregard this entry.***NOTICE of Service of Defendant's Initial Disclosure of Core Information by Vitalcore Health Strategies, LLC (Chase, Michael) Modified on 1/23/2023 (LAT). (Entered: 01/23/2023)

NOTICE of Service of Initial Disclosure by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 01/23/2023)

DOCKET ANNOTATION as to # 46 : Incorrect event chosen. This document should have been docketed as Notice of Service of Disclosure. This event can be located under other filings, discovery documents. Attorney is directed to refile using the correct event. (LAT)

NOTICE of Service of Initial Disclosure by Vitalcore Health Strategies, LLC (Chase, Michael) (Entered: 01/23/2023)

Docket Annotation

ORDER granting 44 Motion for Protective Order. Signed by Magistrate Judge LaKeysha Greer Isaac on 1/24/2023 (MJ) (Entered: 01/24/2023)

MOTION for Yena Hong to Appear Pro Hac Vice by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 03/01/2023)

MOTION for Margaret Ukwu to Appear Pro Hac Vice by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 03/01/2023)

Amended MOTION for Yena Hong to Appear Pro Hac Vice by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Attachments: # 1 Attachment Pro Bono Engagement Letter)(Martin, Greta) (Entered: 03/08/2023)

Amended MOTION for Margaret Ukwu to Appear Pro Hac Vice by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Attachments: # 1 Attachment Pro Bono Engagement Letter)(Martin, Greta) (Entered: 03/08/2023)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER finding as moot 50 Motion to Appear Pro Hac Vice; finding as moot 51 Motion to Appear Pro Hac Vice; granting 52 Motion to Appear Pro Hac Vice; granting 53 Motion to Appear Pro Hac Vice. That Attorneys Yena Hong and Margaret Ukwu be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. The fee is hereby waived in accordance with L.U.CIV.R. 83.1(d)(5) as these attorneys are entering their appearance as pro bono. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/9/23 (NL)

Unopposed MOTION to Extend Case Management Order Deadline Certain Deadlines by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Attachments: # 1 Exhibit A - Proposed Amended Case Management Order)(Martin, Greta) (Entered: 03/23/2023)

Order on Motion to Extend Deadline

TEXT-ONLY ORDER granting 54 Motion to Extend Deadlines. AMENDED CLASS CERTIFICATION SCHEDULING ORDER: Expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26, by November 17, 2023, for Plaintiffs' side, and by January 19, 2024, for Defendants' side; Discovery must be completed by March 29, 2024; Daubert motions challenging the parties' class certification experts must be filed by April 30, 2024; Plaintiffs' side motion for class certification and memorandum shall be filed by June 14, 2024, and shall not exceed 40 pages; the response by Defendants' side is due 14 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs' side will be due 7 days after Defendants' response and will not exceed 20 pages. (PLEASE REFER TO THE ORDER FOR ANY OTHER DATES/DEADLINES NOT MENTIONED IN THIS DOCKET TEXT). NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/28/2023 (MJ)

MOTION to Substitute Attorney by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Bost-State Gov, Jackie) (Entered: 03/30/2023)

Order on Motion to Substitute Attorney

TEXT ONLY ORDER granting 55 Motion to Substitute Attorney. Attorney Brittney S. Eakins-State Gov terminated. Jackie R. Bost, II, with the Office of the Attorney General, has entered his appearance herein and is substituted as counsel of record for Defendants Mississippi Department of Corrections, Nathan Burl Cain, in his official capacity as Commissioner of the Mississippi Department of Corrections, Jeworski Mallett, in his official capacity as Deputy Commissioner of Institutions, and Donald Faucett, in his official capacity as Chief Medical Officer (collectively, the State Defendants). NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/31/23 (NL)

NOTICE of Service of Amended Rule 26 Initial Disclosure by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Martin, Greta) (Entered: 04/19/2023)

ORDER re Discovery. Signed by District Judge Carlton W. Reeves on 8/9/23. (AC) (Entered: 08/09/2023)

Unopposed MOTION to Extend Deadline Certain Deadlines by Melissa Adams, Larry Allen, Mondrick Bradley, Latoria Brownlee, Disability Rights Mississippi, Pervis Everett, Derrick Guyton, Roger Havens, Bobby Henderson, Justin Hill, Luther Hinton, Thaddeus Jarvis, Tonisha Johnson, Eric Kennedy, Terry Lattimore, Anthony Loewenstein, Jeannie Mathis, Steven Miller, Jimmy Nanney, Lee Nix, Keith O'Brien, Thalia Outlaw, Fred Patmon, Stephen Powers, Timothy Robinson, Sylvia Smith, Peggy Starns, Lacrita Summerlin, William Walden, Eric Wallace, Ida Weaver, Judy Wilbanks (Attachments: # 1 Exhibit A - Proposed Amended Case Management Order)(Martin, Greta) (Entered: 11/13/2023)

Docket Annotation

Set Motion and R&R Deadlines/Hearings

DOCKET ANNOTATION as to 58 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (VM)

Set Hearing as to 58 Unopposed MOTION to Extend Deadline Certain Deadlines. Motion Hearing set for 11/20/2023 at 10:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. All counsel to appear unless otherwise excused. (AC)

Unopposed MOTION to Withdraw as Attorney re: Jackie R. Bost, II by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Bost, II-State Gov, Jackie) (Entered: 11/15/2023)

Order on Motion to Withdraw as Attorney

TEXT ONLY ORDER granting 59 Motion to Withdraw as Attorney. Attorney Jackie R. Bost, II-State Gov terminated. The State Defendants will continue to be represented by attorneys with the Attorney General's Office. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/16/23 (NL)

NOTICE of Appearance by Amanda L. Burch on behalf of Vitalcore Health Strategies, LLC (Burch, Amanda) (Entered: 11/17/2023)

Motion Hearing

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 11/20/2023. APPEARANES: Greta Martin, Margaret Ukwu, and Yena Hong (Plaintiffs counsel); Chad Williams, Doug Miracle, Gerald Kucia, Wilson Minor (Counsel for MDOC Defendants); Amanda Burch (Counsel for Defendant Vitalcore Health Strategies, LLC). The parties provided oral argument on the 58 Unopposed MOTION to Extend Deadline Certain Deadlines fIled by Plaintiffs and the motion was GRANTED. The parties were directed to submit the Court with an Agreed CMO that referenced new dates discussed during the hearing. Court Reporter/Transcriber Teri Norton, Telephone Number : 601-608-4186, E-mail : teri_norton@mssd.uscourts.gov. (TRS)

CLASS CERTIFICATION SCHEDULING ORDER: Initial Disclosures regarding class certification issues pursuant to Fed. R. Civ. P. 26 due by 1/23/2024; The deadline for Defendants to respond to Plaintiffs' amended complaint, if any, is March 4, 2024; Motions for Amended Pleadings due by 2/2/2024; Motions for Joinder of Parties due by 2/2/2024; Designate expert witnesses for class certification, if any, shall be disclosed, in compliance with Federal Rule of Civil Procedure 26 - Plaintiff Deadline due by 8/30/2024 and Designate Experts for Defendant Deadline due by 12/30/2024; Discovery due by 3/3/2025; Daubert motions challenging the parties' class certification experts must be filed by 4/28/2025; Plaintiffs' side motion for class certification and memorandum shall be filed by June 30, 2025, and shall not exceed 40 pages; the response by Defendants' side is due 21 days thereafter and will not exceed 40 pages; and any reply by Plaintiffs' side will be due 14 days after Defendants' response and will not exceed 20 pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/22/23 (NL) (Entered: 11/22/2023)

MOTION for Bill Lunsford to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5275703) by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Attachments: # 1 Exhibit "A" - Bill Lunsford Certificate of Good Standing)(Williams-State Gov, J.) (Entered: 11/27/2023)

MOTION for Grayson Miller to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5275880) by Nathan Burl Cain, Donald Faucett, Jeworski Mallett, Mississippi Department of Corrections (Attachments: # 1 Exhibit "A" - Grayson Miller Certificate of Good Standing)(Williams-State Gov, J.) (Entered: 11/27/2023)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Order on Motion to Extend Deadline

TEXT ONLY ORDER granting 62 Motion to Appear Pro Hac Vice; granting 63 Motion to Appear Pro Hac Vice. That Attorneys, Bill Lunsford and Grayson Miller, be admitted pro hac vice in this case on behalf of Nathan Burl Cain, Donald Faucett, Jeworski Mallett, and Mississippi Department of Corrections, in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/28/23 (NL)

TEXT ONLY ORDER finding as moot 58 Motion to Extend Deadline. See CLASS CERTIFICATION SCHEDULING ORDER (Doc. #61) entered on 11/22/23. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/28/23 (NL)