Case: Mann v. Ohio Department of Rehabilitation and Corrections

U.S. Court of Appeals for the Sixth Circuit

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

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

MOTION for Leave to Proceed in forma pauperis by Plaintiff Jeffrey D. Mann. (The Office of the Clerk is in possession of all necessary service documents) (er) (Entered: 12/05/2018)

MOTION for Leave to Proceed in forma pauperis by Plaintiff John T. Bragg. (The Office of the Clerk is in possession of all necessary service documents) (er) (Entered: 12/05/2018)

MOTION for Leave to Proceed in forma pauperis by Plaintiff Eric Pastrano. (The Office of the Clerk is in possession of all necessary service documents) (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Appendix List of Exhibits, # 4 Complaint- Ex A, # 5 Complaint- Ex B, # 6 Complaint- Ex C, # 7 Complaint- Ex D, # 8 Complaint- Ex E, # 9 Complaint- Ex F, # 10 Complaint- Ex G, # 11 Complaint- Ex H, # 12 Complaint- Ex I, # 13 Complaint- Ex J, # 14 Complaint- Ex K, # 15 Complaint- Ex L, # 16 Complaint- Ex M, # 17 Complaint- Ex N, # 18 Complaint- Ex O, # 19 Complaint- Ex P, # 20 Complaint- Ex Q, # 21 Complaint- Ex R-T) (er) (Entered: 12/05/2018)

MOTION to Appoint Counsel by Plaintiffs John T. Bragg, Jeffrey D. Mann & Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 12/05/2018)

MOTION to Certify Class by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 12/05/2018)

COMPLAINT with JURY DEMAND against All Defendants, filed by John T. Bragg, Jeffrey D. Mann. (jlk) (Entered: 12/11/2018)

ORDER granting 1 Motion for Leave to Proceed in forma pauperis ; granting 2 Motion for Leave to Proceed in forma pauperis ; granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Elizabeth Preston Deavers on December 11, 2018. (jlk) (Entered: 12/11/2018)

MOTION for Order for the Cashier at the Grafton Correctional Institution to Comply with the Court's 12/11/18 Order filed by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 envelope) (sem) (Entered: 12/31/2018)

ORDER - re 8 Motion for Miscellaneous Relief filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. Plaintiffs are jointly required to pay the full amount of the Courts $350 filing fee, or $116.66 each. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/2/2019. (jlk) (This document has been sent by regular mail to each Plaintiff, the prison cashier's office and forwarded to the Court's financial office in Columbus as directed.) (Entered: 01/02/2019)

NOTICE of Request to Waiver Service to All Defendants by Plaintiff Jeffrey D. Mann. (Attachments: # 1 Envelope) (er) (Entered: 01/08/2019)

Exhibit to 10 NOTICE of Request to Waiver Service to All Defendants. (Attachments: # 1 Envelope) (er) Modified text on 2/26/2019 (jlk). (Entered: 01/08/2019)

MOTION to Correct Docket and Order Service to All Defendants by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 01/29/2019)

Summons Issued as to Janice Douglas, Andrew Eddy, David Hannah, Gary Mohr, Ohio Department of Rehabilitation and Corrections & Mona Parks. (er) (Entered: 01/30/2019)

NOTICE of Appearance by Mindy Ann Worly for Interested Party State of Ohio (Worly, Mindy) (Entered: 02/20/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Interested Party State of Ohio. (Worly, Mindy) (Entered: 02/20/2019)

SUMMONS Returned Executed as to Defendants Andrew Eddy, Gary Mohr, Ohio Department of Rehabilitation and Corrections and Mona Parks. Defendants served on 2/15/2019, answer due 3/8/2019. (er) (Entered: 02/27/2019)

SUMMONS Returned Executed as to Defendants Janice Douglas and David Hannah. Defendants served on 2/15/2019, answer due 3/8/2019. (er) (Entered: 02/27/2019)

Summons Returned Unexecuted as to Gary Mohr. (*An earlier entry, doc 17, shows this as being returned executed. It is apparent from the letter that the facility accepted the envelope in error and has returned all material in the envelope to the Marshal service.) (er) (Entered: 02/27/2019)

ORDER granting in part and denying in part 12 Motion to Correct Docket and Order Service to All Defendants. Plaintiffs' request that the Court order service to all Defendants is DENIED AS MOOT. Signed by Magistrate Judge Elizabeth Preston Deavers on February 26, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/26/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Janice Douglas, Andrew Eddy, David Hannah, Ohio Department of Rehabilitation and Corrections. (Worly, Mindy) (Entered: 03/06/2019)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 4/5/2019. by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Env.) (jlk) Modified relationship and text on 3/7/2019 (jlk). (Entered: 03/07/2019)

ORDER granting 21 Motion for Extension of Time to File Response/Reply. The Motion is GRANTED. Plaintiffs' shall have until APRIL 9, 2019 to respond to Interested Party State of Ohio's Motion to Dismiss 15 . Signed by Magistrate Judge Elizabeth Preston Deavers on March 8, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/08/2019)

NOTICE of service accepted in error re Mona Parks 17 Summons Returned Executed. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 03/12/2019)

NOTICE of Substitution of Parties by Plaintiffs John T. Bragg, Jeffrey D. Mann & Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 03/14/2019)

RESPONSE in Opposition to 15 and 20 MOTION TO DISMISS . (Attachment: # 1 Env.) (jlk) (Entered: 04/01/2019)

REPLY to Response to Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Janice Douglas, Andrew Eddy, Ohio Department of Rehabilitation and Corrections. (Worly, Mindy) (Entered: 04/02/2019)

REQUEST for Issuance of Summons for Annette Chambers-Smith, ODRC Director. (jlk) (Entered: 04/05/2019)

ORDER TO SHOW CAUSE: Plaintiffs are ORDERED TO SHOW CAUSE BY APRIL 24, 2019 why the action should not be dismissed as to Defendants Annette Chambers-Smith and Mona Parks and why an extension of time to effect service should be allowed. The good cause showing must be supported with sworn affidavits. Signed by Magistrate Judge Elizabeth Preston Deavers on April 3, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (jlk). (Entered: 04/03/2019)

ORDER - The Order to Show Cause 27 is VACATED AS TO DEFENDANT ANNETTE CHAMBERS-SMITH. The Order to Show Cause remains pending as to Defendant Mona Parks. Accordingly, Plaintiffs are still ORDERED TO SHOW CAUSE BY APRIL 24, 2019 why the action should not be dismissed as to Defendant Mona Parks and why an extension of time to effect service should be allowed. Signed by Magistrate Judge Elizabeth Preston Deavers on April 5, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/05/2019)

Summons Issued as to Annette Chambers-Smith. (jlk) (Entered: 04/08/2019)

MOTION for Leave to File Sur-Reply by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Sur-Reply, # 2 Envelope) (er) (Entered: 04/14/2019)

ORDER granting 31 Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Elizabeth Preston Deavers on April 16, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/16/2019)

Sur-Reply re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (jlk) (Entered: 04/16/2019)

RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 04/18/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Annette Chambers-Smith. (Worly, Mindy) (Entered: 04/29/2019)

NOTICE of Service by Plaintiff Jeffrey D. Mann. (Included with the notice was summons to be issued on Mona Parks, USM form, and complaint.) (Attachments: # 1 Envelope) (er) (Entered: 05/09/2019)

Summons Issued as to Mona Parks. (er) (Entered: 05/10/2019)

RESPONSE in Opposition re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs John T. Bragg & Jeffrey D. Mann (Attachments: # 1 Envelope) (kk) (Entered: 06/03/2019)

SUMMONS Returned Executed: Mona Parks served on 5/25/2019, answer due 6/17/2019 (Attachments: # 1 Certified Mail Receipt Return) (kk) (Entered: 06/10/2019)

MOTION for Extension of Time to File Response/Reply as to 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Ohio Department of Rehabilitation and Corrections. New date requested 6/28/2019 (Worly, Mindy) Modified on 6/14/2019 to correct text & document link (kk2) Modified on 6/14/2019 (kk2). (Entered: 06/13/2019)

ORDER granting 40 Motion for Extension of Time to File Response/Reply re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 6/28/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on June 14, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/14/2019)

MOTION for Extension of Time to File Answer or Otherwise Respond on Behalf of Mona Parks re 6 Complaint by Defendant Mona Parks. New date requested 7/8/2019. (Worly, Mindy) Modified on 6/17/2019 to correct text, document link, and filing party (kk2) (Entered: 06/14/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mona Parks. (Worly, Mindy) (Entered: 06/17/2019)

ORDER finding as moot 42 Motion for Extension of Time to Answer. Signed by Magistrate Judge Elizabeth Preston Deavers on June 17, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/17/2019)

REPORT AND RECOMMENDATION: It is RECOMMENDED that 15 Motion to Dismiss and 20 Defendants' Motion to Dismiss be GRANTED IN PART AND DENIED IN PART. Specifically, the Motions to Dismiss (ECF Nos. 15 & 20) be GRANTED with respect to Defendant ODRC, but DENIED on all other grounds. Furthermore, it is RECOMMENDED that Plaintiffs' Motion to Appoint Class Counsel 4 and Plaintiffs' Motion to Certify Claims as a Class Action 5 be DENIED WITHOUT PREJUDICE so that Plaintiffs may re-file the two Motions once the Court has completed itsconsideration of the remaining Motions to Dismiss. Objections to R&R due by 7/10/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on June 26, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/26/2019)

RESPONSE in Opposition to 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or MOTION to Strike 43 MOTION TO DISMISS by Plaintiff Jeffrey D. Mann. (Attachments: # 1 Envelope) (er) (Entered: 06/27/2019)

REPLY to Response to Motion re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Grafton Corr. Inst. Health Care Administrator, Ohio Department of Rehabilitation and Corrections, Mona Parks. (Worly, Mindy) (Entered: 06/28/2019)

SUMMONS Returned Executed: Annette Chambers-Smith served on 6/17/2019, answer due 7/8/2019. (er) (Entered: 06/28/2019)

REPLY to 46 Response to Motion re 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ON BEHALF OF MONA PARKS filed by Defendant Mona Parks. (Worly, Mindy) Modified to add additional linkage to Document 46 on 7/8/2019 (mdr). (Entered: 07/07/2019)

OBJECTION to 45 Report and Recommendations by Defendants Annette Chambers-Smith, Janice Douglas, Andrew Eddy, Grafton Corr. Inst. Health Care Administrator, Ohio Department of Rehabilitation and Corrections, Mona Parks. (Worly, Mindy) (Entered: 07/07/2019)

Response to 50 Objection to Report and Recommendations by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 07/17/2019)

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 45 ) Defendants' Objections are hereby SUSTAINED. The remaining issues addressed in the Report and Recommendation, and not the subject of Defendants' Objections are hereby ADOPTED and AFFIRMED. Interested Party, the State of Ohio, and Defendants' Motions to Dismiss is hereby GRANTED. Plaintiffs' Motion to Appoint Class Counsel (Doc. 4 ) and Plaintiffs' Motion to Certify Claims as a Class Action (Doc. 5 ) are DENIED WITHOUT PREJUDICE. Judgment shall be entered in favor of the moving Defendants, the State of Ohio, Ohio Department of Rehabilitation and Correction, Andrew Eddy, David Hannah, and Janice Douglas. Signed by Judge George C. Smith on 07/24/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/25/2019)

JUDGMENT entered pursuant to the order signed by Judge George C. Smith on 07/24/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/25/2019)

MOTION for Relief from Judgment by Plaintiffs John T. Bragg, Jeffrey D. Mann and Eric Pastrano. (Attachments: # 1 Envelope) (er) (Entered: 08/09/2019)

RESPONSE to Motion re 54 MOTION for Relief from Judgment filed by Defendants Janice Douglas, Andrew Eddy, David Hannah. (Worly, Mindy) (Entered: 08/12/2019)

REPORT AND RECOMMENDATIONS that 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted, 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be granted, and 46 MOTION to Strike be denied. Objections to R&R due by 9/9/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/26/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 08/26/2019)

OBJECTION to 56 Report and Recommendation by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (mdr) (Entered: 09/18/2019)

ORDER ADOPTING and AFFIRMING the 56 REPORT AND RECOMMENDATION and DENYING 46 Motion to Strike filed by Jeffrey D. Mann and GRANTING 35 Motion to Dismiss for Failure to State a Claim filed by Annette Chambers-Smith, and DENYING 54 Motion for Miscellaneous Relief filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano and GRANTING 43 Motion to Dismiss for Failure to State a Claim filed by Mona Parks. Additionally Plaintiffs' Objections are hereby OVERRULED. Signed by Judge George C. Smith on 09/25/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/26/2019)

JUDGMENT entered pursuant to the Order signed by Judge George C. Smith on 09/25/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/26/2019)

NOTICE OF APPEAL re 58 Order Adopting Report and Recommendations,, (FILING FEE DUE) by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (mdr) (Entered: 10/24/2019)

USCA Case Number 19-4060 for 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano; case manager Bryant L. Crutcher, 513-564-7013. (er) (Entered: 10/30/2019)

NOTICE of Deficiency re 60 Notice of Appeal from USCA filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. USCA Case Number 19-4060. (Attachments: # 1 Letter from Court of Appeals, # 2 Blank IFP form) (er) (Entered: 10/30/2019)

Set/Reset Deadlines

Set/Reset Deadlines: Deficiency Deadline (IFP for Appeal or $505 fee) by 12/2/2019. (er)

USCA Appeal Fees

USCA Appeal Fees received $ 505 receipt number 200COL059591 re 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (er)

ORDER of USCA as to 60 Notice of Appeal: This appeal is remanded to the District Court to address the following issues: 1)to determine whether the plaintiffs request for injunctive relief is moot, 2)to determine whether qualified immunity bars their money-damages claims and 3)to determine whether the new prison policy otherwise alters the landscape of this litigation. Note: Mandate to issue. (er) (Entered: 08/04/2020)

ORDER REASSIGNING CASE to Judge Edmund A. Sargus for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 4/16/2020. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/05/2020)

MANDATE of USCA Pursuant to the court's disposition that was filed 08/03/2020 the mandate for this case hereby issues today 8/26/20 as to 60 Notice of Appeal filed by John T. Bragg, Jeffrey D. Mann, Eric Pastrano (pb) (Entered: 08/27/2020)

ORDER - The Court establishes the following schedule in accordance with Federal Rule of Civil Procedure 16(b): Discovery due by 2/15/2021. Dispositive motions due by 5/14/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on September 1, 2020. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/01/2020)

NOTICE of Hearing: Telephone Status Conference set for 9/9/2020 at 02:30 PM via Teleconference before Judge Edmund A. Sargus. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 09/03/2020)

Telephone Status Conference set for 9/9/2020 at 02:30 PM via Teleconference before Judge Edmund A. Sargus is VACATED. (cmw) (Entered: 09/09/2020)

Notice (Other)

NOTICE of Appearance by Thomas E Madden for Defendants Annette Chambers-Smith, Grafton Corr. Inst. Health Care Administrator, Mona Parks (Madden, Thomas) (Entered: 11/24/2020)

NOTICE of Appearance by David J. Carey for Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano (Carey, David) (Entered: 02/02/2021)

STIPULATION of Dismissal by Plaintiffs John T. Bragg, Jeffrey D. Mann, Eric Pastrano. (Carey, David) (Entered: 02/02/2021)