Case: Riggleman v. Clarke

Matthew J. Akiyama, MD, MSc; Tessa Bialek, JD; Raphael Simonson, BA

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

DEMAND FOR JURY TRIAL STRICKEN ON 5/6/2019 PURSUANT TO DOCUMENT# 157 COMPLAINT against Mark Amonette, Harold Clarke (Filing & Administrative fee $ 400.00, Receipt No. 0423-2701567), filed by Terry A. Riggleman. 70 Day Notice due by 9/5/2017. 90 Day Service due by 9/25/2017. (Attachments: # 1 Civil Cover Sheet)(jat) Modified on 5/6/2019 (jv). (Entered: 06/27/2017)

Electronic Summons Issued as to Mark Amonette, Harold Clarke NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 Exhibit Summons)(jat)

First MOTION for Mario B. Williams to Appear Pro Hac Vice. by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

ORDER granting 3 MOTION for Mario Bernard Williams to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 7/17/2017. (jat)

Proposed Summons by Terry A. Riggleman as to Harold Clarke.(Williams, Mario) (Main Document 5 replaced on 7/28/2017) (jat).

Notice of Correction re 5 Proposed Summons - Fillable form flattened by adobe and reattached to entry. Counsel should flatten all fillable forms before filing. (jat)

Electronic Summons Re-Issued as to Harold Clarke NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jat)

SUMMONS Returned Executed by Terry A. Riggleman. Mark Amonette served on 7/20/2017, answer due 8/10/2017.(Williams, Mario)

NOTICE of Appearance by Richard Carson Vorhis on behalf of Mark Amonette, Harold Clarke (Vorhis, Richard)

MOTION for Extension of Time to File Response/Reply by Mark Amonette, Harold Clarke. (Attachments: # 1 Text of Proposed Order)(Vorhis, Richard)

ORDER granting 10 Motion for Extension of Time to File Response/Reply. Responses due by 9/11/2017. Signed by Chief Judge Michael F. Urbanski on 8/10/2017. (jat)

NOTICE of Appearance by Edward J. McNelis, III on behalf of Mark Amonette, Harold Clarke (McNelis, Edward)

NOTICE of Appearance by Elizabeth Martin Muldowney on behalf of Mark Amonette, Harold Clarke (Muldowney, Elizabeth)

MOTION to Substitute Attorney of Record by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Brief / Memorandum in Support re 14 MOTION to Substitute Attorney of Record . filed by Mark Amonette, Harold Clarke. (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth)

Consent MOTION for Extension of Time to File Answer and/or Responsive Pleadings by Mark Amonette, Harold Clarke. (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth)

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint, Mark Amonette answer due 11/7/2017; Harold Clarke answer due 11/7/2017. Signed by Chief Judge Michael F. Urbanski on 9/11/2017. (jat)

WAIVER OF SERVICE Returned Executed by Terry A. Riggleman. Harold Clarke waiver sent on 9/8/2017, answer due 11/7/2017.(Williams, Mario)

ORDER granting 14 Motion to Substitute Attorney. Attorney Richard Carson Vorhis terminated. Signed by Chief Judge Michael F. Urbanski on 9/13/2017. (jat)

NOTICE of Appearance by Mario Bernard Williams on behalf of Terry A. Riggleman (Williams, Mario)

MOTION for Andrew Ready Tate to Appear Pro Hac Vice. by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williams, Mario)

MOTION for Preliminary Injunction by Terry A. Riggleman. (Attachments: # 1 Exhibit Exhibit 1 - Abu-Jamal v Wetzel, # 2 Exhibit Exhibit 2 - VDOC Hep C Guidelines.pdf)(Williams, Mario)

1 Exhibit Exhibit 1 - Abu-Jamal v Wetzel

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2 Exhibit Exhibit 2 - VDOC Hep C Guidelines.pdf

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ORDER granting 21 MOTION for Andrew Ready Tate to Appear Pro Hac Vice. Attorney Andrew Ready Tate for Terry A. Riggleman added. Signed by Chief Judge Michael F. Urbanski on 10/18/17. (kld)

JOINT MOTION for Extension of Time to File a Response re Motion for A Preliminary Injunction 22 by Mark Amonette, Harold Clarke (Attachments: # 1 Exhibit 1, Proposed Order)(Muldowney, Elizabeth) Modified docket text on 10/23/2017 (jat).

Notice of Correction re 24 MOTION for Extension of Time to File Response/Reply - Modified docket entry from Stipulation to Joint Motion for Extension. (jat)

Notice of Correction

ORDER granting 24 Motion for Extension of Time to File Response/Reply re 22 Motion for Preliminary Injunction. Responses due by 11/7/2017. Signed by Chief Judge Michael F. Urbanski on 10/24/2017. (jat)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Brief / Memorandum in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

DEMAND FOR JURY TRIAL STRICKEN ON 5/6/2019 PURSUANT TO DOCUMENT# 157 ANSWER to 1 Complaint, by Mark Amonette, Harold Clarke.(Muldowney, Elizabeth) Modified on 5/6/2019 (jv).

Brief / Memorandum in Opposition re 22 MOTION for Preliminary Injunction . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

Consent MOTION for Extension of Time to File Response/Reply as to 30 Brief / Memorandum in Opposition, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

Magistrate Consent Notice to Parties. (jv)

ORDER granting 31 Motion for Extension of Time to File Response/Reply. Responses due by 12/5/2017. Signed by Chief Judge Michael F. Urbanski on 11/17/17. (kld)

Scheduling Letter (kld)

NOTICE of Hearing on Motion 22 MOTION for Preliminary Injunction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (CR) (No Interpreter requested) Motion Hearing set for 1/18/2018 11:00 AM in Harrisonburg before Chief Judge Michael F. Urbanski. (mka)

Notice of Hearing on Motion

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction . filed by Terry A. Riggleman. (Williams, Mario)

RESPONSE in Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Terry A. Riggleman. (Williams, Mario)

REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

MOTION to Certify Class by Terry A. Riggleman. (Williams, Mario)

ORDER TRANSFERRING CASE. Case transferred to Judge Norman K. Moon for all further proceedings. District Judge Michael F. Urbanski no longer assigned to case. Signed by Chief Judge Michael F. Urbanski on 12/20/17. (kld)

NOTICE Rescheduling Hearing on Motion 22 MOTION for Preliminary Injunction, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (CR) previously set for 1/18/2018 at 11:00 AM before Judge Chief Judge Michael F. Urbanski in Harrisonburg: Motion Hearing re-set for 1/18/2018 at 02:00 PM in LYNCHBURG before Judge Norman K. Moon. (sfc)

Notice Rescheduling Hearing on Motion

Consent MOTION to Continue the Hearing on the Motion for a Preliminary Injunction by Terry A. Riggleman. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

ORAL ORDER granting 42 Motion to Continue the Hearing on 22 Motion for Preliminary Injunction. Parties are directed to contact the scheduling clerk when they are prepared to move forward on the Motion for Preliminary Injunction. Entered by Judge Norman K. Moon on December 28, 2017. (sfc)

Notice of Cancellation of January 18, 2018, Hearing on 22 Motion for Preliminary Injunction. Hearing will go forward as to 27 Motion to Dismiss. (sfc)

Notice of Cancellation of Hearing

Order on Motion to Continue

RESPONSE in Opposition re 39 MOTION to Certify Class . filed by Mark Amonette, Harold Clarke. (Muldowney, Elizabeth)

REPLY to Response to Motion re 39 MOTION to Certify Class . filed by Terry A. Riggleman. (Williams, Mario)

Joint MOTION for Protective Order by Mark Amonette, Harold Clarke. (Attachments: # 1 Text of Proposed Order)(Muldowney, Elizabeth)

JOINT STIPULATED PROTECTIVE ORDER granting 47 Motion for Protective Order. Signed by Senior Judge Norman K. Moon on January 12, 2018. (sfc)

PRETRIAL ORDER (CASE REFERRED to Magistrate Judge Joel C. Hoppe as set forth herein). Signed by Senior Judge Norman K. Moon on January 12, 2018. (sfc)

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 1/18/2018 re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Harold Clarke, Mark Amonette. (Court Reporter Sonia Ferris.) (sfc)

NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for May 13-24, 2019 09:30 AM in Harrisonburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (hnw)

Notice of Hearing

ORAL ORDER directing that the trial in this matter shall be held in the Charlottesville Division of this Court located at 255 West Main Street, Charlottesville, Virginia and the prospective jurors pulled from said Division's jury pool. Entered by Senior Judge Norman K. Moon on 1/30/2018. (hnw)

Notice Rescheduling Hearing (CR) (No Interpreter requested) previously set for May 13-24, 2019 at 9:30 a.m. before Judge Norman K. Moon in Harrisonburg Jury Trial RESET for May 13-24, 2019 09:30 AM in CHARLOTTESVILLE before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. PLEASE NOTE THIS IS A CHANGE IN LOCATION ONLY. (hnw)

Rule 26(f) Agreed Written Plan by Defendants Mark Amonette, Harold Clarke (Muldowney, Elizabeth)

Order Adopting 54 Rule 26(f)Agreed Written Plan and Amending deadlines in 49 Pretrial Order. Signed by Magistrate Judge Joel C. Hoppe on 1/30/18. (kld)

Notice Rescheduling Hearing

Order

MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 2/13/2018. (jv)

ORDER granting in part and denying in part 27 Motion to Dismiss for Failure to State a Claim; Count II dismissed with prejudice. Signed by Senior Judge Norman K. Moon on 2/13/2018. (jv)

NOTICE of Hearing on Motion 22 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 5/21/2018 10:30 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw)

NOTICE of Hearing on Motion 39 MOTION to Certify Class : (CR) Motion Hearing set for 7/6/2018 10:00 AM in Charlottesville before Senior Judge Norman K. Moon. (hnw)

Notice of Hearing on Motion

ORDER denying without prejudice 39 Motion to Certify Class. Signed by Senior Judge Norman K. Moon on 4/20/18. (kld)

Joint MOTION for Protective Order between Plaintiff Terry A. Riggleman and non-parties VCU Health System and VCUHS Department of Health Information Management by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Proposed Protective Order)(Williams, Mario)

ORDER granting 61 Joint Motion for Protective Order. Signed by Magistrate Judge Joel C. Hoppe on 4/27/18. (kld)

MOTION to Withdraw as Attorney by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Sherman-Stoltz, Jessica)

Oral ORDER granting 63 Motion to Withdraw as Attorney. Attorney Jessica Nichole Sherman-Stoltz terminated. Entered by Magistrate Judge Joel C. Hoppe on 5/4/18. (JCH)

First MOTION for Order to Permit Mr. Riggleman to Attend His Evidentiary Hearing by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Williams, Mario)

ORDER granting in part and denying in part 65 Motion for incarcerated plaintiff to be released to attend hearing. Signed by Magistrate Judge Joel C. Hoppe on 5/7/18. (kld)

Order Requesting the Warden at Augusta Correctional Center to transport the plaintiff to Court for hearing on 5/21/18 10:30 AM. Signed by Magistrate Judge Joel C. Hoppe on 5/7/18. (kld)

NOTICE of Telephonic Hearing: (N) (No Interpreter requested) Telephonic Discovery Hearing set for 5/9/2018 04:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email parties dial in information. (kld)

MOTION Telephone Conference Regarding Discovery by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12)(Williams, Mario)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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12 Exhibit Exhibit 12

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Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephone Conference held on 5/9/2018. (hnw)

FTR Log Notes for Telephone Conference in the Charlottesville Division in CR1 held before Judge Joel C. Hoppe on 5/9/18. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw)

ORAL ORDER granting 69 Motion for Telephone Conference Regarding Discovery. Telephone conference re: discovery held on 5/9/18. Entered by Magistrate Judge Joel C. Hoppe on 5/10/18. (kld)

Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 5/21/2018 re 22 MOTION for Preliminary Injunction filed by Terry A. Riggleman. (Court Reporter Sonia Ferris.) (hnw) (Entered: 05/22/2018)

Consent MOTION for Extension of Time to File Motion for Class Certification by Terry A. Riggleman.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williams, Mario)

ORDER granting 74 Motion for Extension of Time to File Document. Plaintiff's renewed motion for class certification is due on or before July 24, 2018; Defendants' response is due on or before August 7, 2018; and any reply is due on or before August 14, 2018. Signed by Magistrate Judge Joel C. Hoppe on 5/24/2018. (jv)

TRANSCRIPT REQUEST (14 calendar days Service) by Terry A. Riggleman for Hearing - Motion for Preliminary Injunction held on 5/21/2018 reported by Court Reporter Sonia Ferris before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Williams, Mario) Modified on 5/25/2018 to correct the names of the court reporter and judge and type of hearing. (sfc).

Exhibit List by Mark Amonette, Harold Clarke, Terry A. Riggleman from Hearing on May 21, 2018 (Attachments: # 1 Exhibit Plaintiff's exhibits, # 2 Exhibit Defense exhibit Part 1, # 3 Exhibit Defense exhibit Part 2, # 4 Exhibit Remainder of Defense exhibits)(hnw)

1 Exhibit Plaintiff's exhibits

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2 Exhibit Defense exhibit Part 1

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3 Exhibit Defense exhibit Part 2

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4 Exhibit Remainder of Defense exhibits

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Notice of Cancellation of July 6, 2018 at 10:00 a.m. Class Certification Hearing (Cancel Court Reporter) (hnw)

Financial arrangements made (3 Days Service) re 76 Transcript Request changed to 3-day request by counsel Transcript due by 6/18/2018. (sf)

TRANSCRIPT of Proceedings: Motion hearing held on 5/21/2018 before Judge Norman K. Moon. Court Reporter/Transcriber Sonia Ferris, Telephone number SoniaF@vawd.uscourts.gov/540.434.3181 Ext. 7. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/13/2018. (sf)

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by Mark Amonette, Harold Clarke for Preliminary Injunction Hearing held on 5/21/2018 reported by Court Reporter Sonia Ferris before Judge Judge Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (Muldowney, Elizabeth)

Transcript Copy Delivered re 81 Transcript Request, (sf)

TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by George Rutherglen for Motion / Preliminary Injunction Hearing held on May 21, 2018 reported by Court Reporter Sonia Ferris before Judge Norman K. Moon. Transcript Due Deadline will be set when Financial Arrangements are made. (ca)

Financial arrangements made (Ordinary-30 calendar days Service) re 83 Transcript Request, Transcript due by 7/30/2018. (sf)

Transcript Copy Delivered re 83 Transcript Request, (sf)

Consent MOTION for Extension of Time to File Motion for Class Certification by Mark Amonette, Harold Clarke.Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Text of Proposed Order)(Muldowney, Elizabeth)

NOTICE of Telephonic Hearing on Motion 86 Consent MOTION for Extension of Time to File Motion for Class Certification : (FTR) (No Interpreter requested) . Telephonic Motion Hearing set for 7/16/2018 01:00 PM before Magistrate Judge Joel C. Hoppe. Chambers to set up call and email counsel dial in information.(kld)

ORDER granting 86 Motion for Extension of Time to File Renewed Motion to Certify Class. Signed by Magistrate Judge Joel C. Hoppe on 7/16/18. (kld)

FTR Log Notes for Telephone Motion Hearing in the Charlottesville Division in CR3 held before Judge Joel C. Hoppe on Joel Hoppe. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: H. Wheeler (hnw)

Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Telephonic Motion Hearing on 86 Consent Motion for Extension of Time held on 7/16/2018. (FTR Operator: H. Wheeler) (hnw)

Order to Respond- Plaintiff is ordered to file his brief on or before 7/30/2018. Defendants are ordered to respond 14 days thereafter and Plaintiff is ordered to reply 7 days thereafter. Signed by Senior Judge Norman K. Moon on 7/18/18. (jv)