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Case: Howard v. Williams

2:20-cv-01389 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

(This is a temporary summary, while we research the case.) This is a class-action lawsuit filed on behalf of people with psychiatric disabilities incarcerated at the Allegheny County Jail alleging the jail failed to provide adequate mental health care and discriminated against people with psychiatric disabilities.

Summary Authors

Sandy Sulzer (10/4/2022)

Documents in the Clearinghouse

Document
1

2:20-cv-01389

Jury Trial Demanded

Sept. 15, 2020

Sept. 15, 2020

Pleading / Motion / Brief
3

2:20-cv-01389

Order

Howard v. Byrd

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion
69

2:20-cv-01389

Plaintiffs’ Brief in Support of Motion for Class Certification

June 9, 2022

June 9, 2022

Pleading / Motion / Brief
68

2:20-cv-01389

Memorandum Opinion on Plaintiffs' Motion for Class Certification

Oct. 31, 2022

Oct. 31, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18444574/howard-v-williams/

Last updated Oct. 3, 2022, 5:42 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS (Filing fee, including Administrative fee, $400, receipt number APAWDC-5911612), filed by JASON PORTER, JAMES BYRD, KEISHA COHEN, SHAQUILLE HOWARD, ALBERT CASTAPHANY. (Attachments: # 1 Civil Cover Sheet) (jd) (Entered: 09/16/2020)

Sept. 15, 2020

Sept. 15, 2020

Clearinghouse
2

PRAECIPE to Issue Summons by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (Whitson, Keith) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
3

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/16/2020. (jmb) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

Clearinghouse
4

Summons Issued as to ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (jd) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
5

NOTICE of Appearance by Bret Grote on behalf of JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Grote, Bret) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
6

NOTICE of Appearance by Alexandra T. Morgan-Kurtz on behalf of JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Morgan-Kurtz, Alexandra) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
7

MOTION for attorney Jaclyn Kurin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5926523) by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Kurin, Jaclyn) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
8

ORDER GRANTING the 7 Motion for Jaclyn Kurin to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 21, 2020

Sept. 21, 2020

PACER
9

NOTICE of Appearance by John A. Bacharach on behalf of ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Bacharach, John) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
10

NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Biondo, Dennis) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
11

NOTICE of Appearance by Quinn Cozzens on behalf of JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Cozzens, Quinn) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
12

ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than October 14, 2020. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/23/2020. (Attachments: # 1 Exhibit Consent Form) (jmb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
13

ORDER that a Preliminary Telephone Conference is scheduled for September 24, 2020 at 2:00 PM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
14

ORDER that, at the request of counsel, the time of the Preliminary Telephone Conference set for September 24, 2020 has been changed. Originally set for September 24, 2020 at 2:00 PM, the conference has been rescheduled for September 24, 2020 at 4:00 PM. All participants shall dial 888-363-4749 and enter the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER

~Util - Set Hearings AND 1 - Terminate Deadlines AND Order

Sept. 23, 2020

Sept. 23, 2020

PACER

~Util - Set Hearings AND Order AND 1 - Terminate Deadlines

Sept. 23, 2020

Sept. 23, 2020

PACER

~Util - Set Hearings AND Order

Sept. 23, 2020

Sept. 23, 2020

PACER

1 - Terminate Deadlines AND ~Util - Set Hearings AND Order

Sept. 23, 2020

Sept. 23, 2020

PACER
15

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 9/24/2020. The Court asked if there was any interest in engaging in early settlement discussions either with the undersigned, an outside neutral or another judicial officer. Defendant indicated that most of the administrators were currently consumed with election issues and may not have time to address this right now. The Court asked Defendant counsel to discuss this with their clients and opposing counsel and report back to the Court on October 1, 2020 at 4:30 PM. The dial in numbers from todays call are to be used. (jmb) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
16

NOTICE of Appearance by Swain Uber on behalf of JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Uber, Swain) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
17

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 10/1/2020. Defendants are not willing to engage in early settlement discussions and would prefer to wait until the normal time for ADR under the Western Districts practices. The Defendants are also going to file a motion to dismiss certain counts. The Court reiterated its offer to assist with settlement if the parties are interested. (jmb) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
18

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
19

ORDER GRANTING the 18 Motion for Extension of Time to Respond to the Complaint. Defendants Allegheny County, Laura Williams and Orlando Harper may file their response to Plaintiffs' Complaint by November 9, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/09/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

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

Oct. 9, 2020

Oct. 9, 2020

PACER
20

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Biondo, Dennis) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
21

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Whitson, Keith) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
22

Second MOTION to Extend Time by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
23

ORDER GRANTING the (ECF No. 22 ) Motion for Extension of Time to Respond to Complaint. Defendants Allegheny County, Laura Williams and Orlando Harper shall file an answer to Plaintiff's Complaint by November 16, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/09/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER

Order on Motion to Extend Time

Nov. 9, 2020

Nov. 9, 2020

PACER
24

ANSWER to 1 Complaint, by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Bacharach, John) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

RECAP
25

ORDER that the Initial Case Management Conference in this matter will be held via telephone on December 8, 2020, at 10:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/17/2020. (Attachments: # 1 Exhibit ADR Form) (jmb) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
26

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Order) (Whitson, Keith) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
27

STIPULATION selecting ADR process by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Whitson, Keith) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

RECAP
28

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Initial Case Management Conference was held on 12/8/2020. The Court is concerned with the proposed length and cost of discovery. The Court instructs Plaintiff to narrow the discovery needed to proceed to an initial mediation and discuss with Defendants and come up with a proposed reasonable time frame for both the discovery and mediation. A telephone conference is set for 12/14/20 at 11:00 AM. The same call in numbers are to be used. (jmb) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
29

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 12/14/2020. Plaintiffs have provided an initial pre-mediation discovery request. Defendants request that a time-line be provided. A mediation is set with Judge Benson for March 12, 2020. The parties may also conduct a few pre-mediation depositions. No scheduling order will be entered at this time; however, the following deadlines are established: Initial disclosures will be made by 12/18/20. A mediation is scheduled with Judge Benson for March 12, 2021. Pre-mediation discovery will take place as the parties determine, with the option to continue with more in-depth discovery if the case does not resolve. A telephone status conference is scheduled for March 22, 2021 at 11:00 AM. The same in dial in numbers will be used. (jmb) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
30

STIPULATED PROTECTIVE ORDER by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Bacharach, John) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
31

STIPULATED PROTECTIVE ORDER by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Bacharach, John) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

RECAP
32

ORDER GRANTING the 30 Stipulated Confidentiality and Protective Order. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/25/2021. (jmb) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
33

REPORT of Mediation: Case has not been resolved. The parties believe a further mediation session is likely. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 3/12/2021. (Benson, Kenneth) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
34

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 3/22/2021. The parties are not optimistic about a global settlement but are continuing to talk about some issues which they think can be resolved. All parties ask for a discovery deadline of August 30, 2021. No discovery issues at this time. A fact discovery deadline is set for 8/30/21. A post fact discovery conference is set for September 7, 2021 at 10:00 AM. Any party intending to file summary judgment is to file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed no later than Sept. 3, 2021. All parties are to be prepared to discuss this at the conference. (jmb) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
35

ORDER that, at the request of counsel, a Telephone Conference is scheduled for 6/25/2021 at 9:30 AM before Magistrate Judge Lisa Pupo Lenihan to address a discovery dispute. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/23/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER

~Util - Set Hearings AND Order

June 23, 2021

June 23, 2021

PACER

Set Hearings: A Post-Discovery Status Conference is set for 9/7/2021 at 10:00 AM in Courtroom 7B before Magistrate Judge Lisa Pupo Lenihan. (jmb)

June 23, 2021

June 23, 2021

PACER
36

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: Telephonic Status Conference held on 6/25/2021. The parties presented their discovery issues surrounding the second set of discovery. They are still in the meet and confer phase regarding the issues on the first set.The Court made 2 rulings.1.Plaintiffs can have a class of persons with serious mental health conditions, however; the scope of that class is subject to debate.2.Plaintiffs can conduct discovery retrospectively. As to information on incarcerated persons, the Court finds that starting from one year prior to the filing of the complaint, 9/15/19, is reasonable. As to staffing and other discovery it may not be unduly burdensome to go back further than that and the parties should discuss this. The Court suggested an informal meeting with counsel and a representative from the mental health unit of the ACJ to help with further defining issues. Counsel are amenable to this and will do so and will continue to discuss the discovery issues. If the Courts assistance is needed, they are to call and schedule a conference. The Court will consider an extension of the discovery deadline if necessary. (Court Reporter: none) (vad) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
37

Joint MOTION for Extension of Time to Complete Discovery by SHAQUILLE HOWARD. (Whitson, Keith) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
38

ORDER GRANTING the (ECF No. 37 ) Joint Motion to Extend Fact Discovery-Related Deadlines. The discovery deadline is extended to November 30, 2021. The post discovery conference originally set for September 7, 2021, is converted to a telephonic post discovery conference and rescheduled for December 7, 2021 at 11:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Any party intending to file summary judgment is to file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed no later than December 3, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/23/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER

Order on Motion for Extension of Time to Complete Discovery

Aug. 23, 2021

Aug. 23, 2021

PACER
39

ORDER that the time of the Telephone Conference set for December 7, 2021 has been changed. Originally set for 11:00 AM, the Telephone Conference is rescheduled for December 7, 2021 at 3:00 PM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

~Util - Set Hearings AND Order

Nov. 15, 2021

Nov. 15, 2021

PACER
40

Consent MOTION to Extend Time to 03/15/2022 by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Whitson, Keith) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
41

ORDER that, at the request of counsel, a Telephone Conference is scheduled for 11/29/2021 at 10:00 AM before Magistrate Judge Lisa Pupo Lenihan. Keith Whitson, counsel for Plaintiff, sent an email to the Court and all counsel that contained a letter outlining Plaintiff's view of the discovery issues to be discussed. opposing counsel shall respond to that email no later than 11/24/2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/19/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER

~Util - Set Hearings AND Order

Nov. 19, 2021

Nov. 19, 2021

PACER

Order AND ~Util - Set Hearings

Nov. 19, 2021

Nov. 19, 2021

PACER
42

ORDER granting in part and denying in part 40 Motion to Extend Time for Discovery. The Court will grant an extension of time beyond Nov. 30, 2021 for fact discovery. New deadlines will be discussed and set at the November 29, 2021 conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
43

ORDER that the Telephone Conference set for 11/29/2021 at 10:00 AM before Magistrate Judge Lisa Pupo Lenihan has been converted to a Video Conference. An invitation to the conference will be sent to counsel via email. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/22/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER

1 - Terminate Hearings AND Order AND ~Util - Set Hearings

Nov. 22, 2021

Nov. 22, 2021

PACER

Order on Motion to Extend Time

Nov. 22, 2021

Nov. 22, 2021

PACER

1 - Terminate Hearings AND ~Util - Set Hearings AND Order

Nov. 22, 2021

Nov. 22, 2021

PACER

~Util - Set Hearings AND 1 - Terminate Hearings AND Order

Nov. 22, 2021

Nov. 22, 2021

PACER
44

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Video Conference was held on 11/29/2021. Richardo Brown, counsel for Plaintiff but not yet on the docket of the case, also participated. Discussed various discovery issues as follows: Policies regarding general use of force will be provided by December 3, 2021. IT IS HEREBY ORDERED that, no later than December 20, 2021, the following will be produced: (1) Medical records of all 100 representative sample. (2) Housing records for the representative sample. (3) Training materials that pertain to corrections staff interacting with inmates with serious mental health issues. Defendants state that there is no specific focused training for the interaction with inmates with serious mental health issues; however, it is included in other training. Following receipt of same, Sergeant Justice, head of training for ACJ, will be made available for deposition. (If additional relevant information is revealed during Justices deposition that was not provided, Plaintiffs reserve the right to conduct a follow up deposition.) Defendant will also provide names of other persons involved in training. (4) Materials and information for training mental health staff who work at ACJ as well as the identities of individuals involved in said training. (Defendants advise that they do not train on mental health procedures but do train on general processes and procedures for persons who work at ACJ.) (5) Identities of Mental Health Supervisory staff from Sept. 15, 2019. (6) Responses to Interrogatories 24-26. (7) Defendants will provide a list of all uses of force for the representative sample, to include, what, where and when. A follow up discussion will take place to determine what specific documents/videos (as available) will be provided for each incident. Remaining discovery issues, including a proposed stipulation by Defendants and a new discovery deadline, will be discussed at the status conference currently scheduled for December 7, 2021 at 3 PM. This will be a zoom conference and a link will be sent prior to the conference. Counsel are to conduct an additional meet and confer prior to this conference to attempt to narrow the remaining issues. (Court Reporter: Recorded) (jmb) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
45

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Video Status Conference was held on 12/7/2021. Counsel advised that they were able to come to agreement on a staged production for the majority of the outstanding discovery requests. They will present a proposed Revised Scheduling Order for Court approval, including interim production deadlines and a new fact discovery deadline. One outstanding issue is Interrogatory 25 and Request for Production 40, requesting information regarding suicide attempts from 1/1/10 to present. Following discussion, the Court ruled that in addition to what Defendants have provided, they will also provide incident reports for each incident that occurred from 1/1/17 to present. (Court Reporter: Marsia Balobeck) (jmb) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
46

Proposed Order Revised Discovery by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Whitson, Keith) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
47

NOTICE of Appearance by Richardo Brown, I on behalf of JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Brown, Richardo) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
48

ORDER that Defendants shall provide responses as articulated in this order no later than January 31, 2022. The Fact Discovery deadline shall be March 31, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/22/2021. (jmb) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
49

MOTION to Substitute Party by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
50

ORDER GRANTING (ECF No. 49 ) Plaintiff's Motion for Leave to Withdraw Class Representative and to Substitute a New Class Representative in Their Place. Plaintiff James Byrd is hereby withdrawn as a class representative and Plaintiff Brooke Goode is substituted as a class representative. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/16/2022. (jmb) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
51

Joint MOTION to Extend Time to May 15, 2022 by JAMES BYRD, ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order) (Whitson, Keith) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
52

ORDER GRANTING the 51 Joint Motion to Extend Fact Discovery-Related Deadlines. The fact discovery deadline (except with respect to electronically-stored information (ESI)) is hereby extended to May 15, 2022. The parties will jointly submit a status report with proposed deadline for ESI no later than April 15, 2022. An in-person post discovery conference is scheduled for May 27, 2022 at 2:00 PM before Judge Lisa Pupo Lenihan, in Courtroom 7B. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/31/2022. (jmb) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
53

STATUS REPORT -JOINT REGARDING ESI AS ORDERED 52 by ALLEGHENY COUNTY. (Bacharach, John) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
54

MOTION to Extend Time by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
55

ORDER GRANTING the 54 Motion to Reschedule Status Conference. IT IS HEREBY ORDERED that the in-person post-discovery status conference currently scheduled for Friday, May 27, 2022 at 2:00PM is rescheduled to June 1, 2022 at 2:00 PM and will be held in Courtroom 7B before Judge Lisa Pupo Lenihan. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/27/2022. (jmb) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
56

Joint MOTION for Extension of Time to Complete Discovery by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Whitson, Keith) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
57

STATUS REPORT as to ESI (Joint) by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Certificate of Service) (Whitson, Keith) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
58

Consent MOTION for Leave to File Documents Under Seal And For Extension of Page Limitation by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order) (Whitson, Keith) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
59

ORDER that the (ECF No. 58 ) Motion to File Under Seal is DENIED without prejudice to refile with further delineation and explanation. IT IS FURTHER ORDERED that the Motion for Extension of Page Limitation is GRANTED. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/24/2022. (jmb) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
60

ORDER GRANTING the 56 Joint Motion to Extend Fact Discovery-Related Deadlines. The fact discovery deadline ( except with respect to electronically-stored information ("ESI")) is hereby extended to June 30, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/24/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER

Order on Motion for Extension of Time to Complete Discovery

May 24, 2022

May 24, 2022

PACER
61

ORDER that the in-person Status/Settlement conference originally set for June 1, 2022 is rescheduled for July 15, 2022 at 2:00 PM before Judge Lisa Pupo Lenihan, in Courtroom 7B. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/15/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER

~Util - Set Hearings AND Order

May 25, 2022

May 25, 2022

PACER
62

MOTION for Leave to File Documents Under Seal by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
63

ORDER GRANTING the 62 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/01/2022. (jmb) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
64

Second MOTION for Leave to File Documents Under Seal by ALLEGHENY COUNTY, MICHAEL BARFIELD, ORLANDO HARPER, LAURA WILLIAMS. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
65

ORDER that a Telephone Conference is scheduled for June 8, 2022, at 4:00 PM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Counsel shall be prepared to discuss the (ECF No. 64 ) Second Motion for Leave to File Documents Under Seal. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/08/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
66

ORDER denying 64 MOTION for Leave to File Documents Under Seal. Pursuant to In re Avandia Marketing, 924 F.3d 662, 672 (3d Cir. 2019), the common law presumes that the public has a right of access to judicial materials and this right of access begins with a presumption in favor of public access. Id. at 670. Following review of the Motion and a telephone conference with counsel today, the Court finds that a redaction of all personal identifiers from the documents to be filed is sufficient to protect any confidentiality interests of the putative Plaintiffs and concurrently preserve the public's right of access. Signed by Magistrate Judge Lisa Pupo Lenihan on 6/8/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
67

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 6/8/2022. The Court and counsel discussed the motion to file grievances under seal. Plaintiffs advise that all personal identifiers will be redacted. The Court finds that this is sufficient to protect the confidentiality of the putative class members. An Order on the Motion will be entered. (jmb) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER

Order on Motion for Leave to File Documents Under Seal

June 8, 2022

June 8, 2022

PACER

~Util - Set Hearings AND Order

June 8, 2022

June 8, 2022

PACER
68

MOTION to Certify Class by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit, # 55 Exhibit, # 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit, # 61 Exhibit, # 62 Exhibit) (Whitson, Keith) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
69

BRIEF in Support re 68 Motion to Certify Class,,,, REDACTED filed by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. (Attachments: # 1 Certificate of Service) (Whitson, Keith) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

Clearinghouse
70

SEALED DOCUMENT by ALBERT CASTAPHANY, KEISHA COHEN, BROOKE GOODE, SHAQUILLE HOWARD, JASON PORTER. This document Sealed pursuant to 63 Order on Motion for Leave to File Documents Under Seal,,. (Attachments: # 1 Certificate of Service, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Envelope, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit) (Whitson, Keith) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
71

Extension of Time to File Response/Reply

June 24, 2022

June 24, 2022

PACER

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

June 28, 2022

June 28, 2022

PACER

~Util - Set Hearings AND Order AND 1 - Terminate Hearings

July 13, 2022

July 13, 2022

PACER

~Util - Set Hearings AND 1 - Terminate Hearings AND Order

July 13, 2022

July 13, 2022

PACER

1 - Terminate Hearings AND ~Util - Set Hearings AND Order

July 13, 2022

July 13, 2022

PACER
76

Order

July 15, 2022

July 15, 2022

PACER
77

Modify

July 18, 2022

July 18, 2022

PACER
79

Order on Motion to Modify

July 19, 2022

July 19, 2022

PACER
80

Leave to File

July 29, 2022

July 29, 2022

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Disability Rights

Key Dates

Filing Date: Sept. 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons with mental health conditions who are incarcerated at Allegheny County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Abolitionist Law Center

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Allegheny County (Allegheny), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run