Case: Roe v. Sims

Roe v. Elyea

Roe v. Elyea

Roe v. Elyea

Roe v. Elyea

Roe v. Elyea

U.S. Court of Appeals for the Seventh Circuit

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

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

COMPLAINT against Larry T Sims, Willard O Elyea, Roger E Walker, Jr (Filing fee $ 250; Receipt 4309), filed by Edward J Roe, Anthony P Stasiak, Timothy J Stephen, Jackson Walker.(MT, ilcd) (Entered: 09/20/2005)

WAIVER OF SERVICE Returned Executed by Willard O Elyea. Willard O Elyea waiver sent on 9/21/2005, answer due 11/21/2005. (Heller, H) (Entered: 10/07/2005)

WAIVER OF SERVICE Returned Executed by Edward J Roe. Roger E Walker, Jr waiver sent on 9/21/2005, answer due 11/21/2005. (Heller, H) (Entered: 10/07/2005)

WAIVER OF SERVICE Returned Executed by Edward J Roe. Larry T Sims waiver sent on 10/5/2005, answer due 12/5/2005. (Heller, H) (Entered: 10/10/2005)

ANSWER AND AFFIRMATIVE DEFENSES to Complaint by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr.(Walter, David) (Entered: 11/21/2005)

ORDER setting Rule 16 Scheduling Conference entered by Judge Harold A. Baker on 11/22/05. Rule 16 Scheduling Conference set for 2/21/2006 02:15 PM in Courtroom B before Judge Harold A. Baker. See written order.(MT, ilcd) (Entered: 11/22/2005)

CERTIFICATE rule 26 compliance. (Heller, H) (Entered: 01/24/2006)

REPORT of Rule 26(f) Planning Meeting by Edward J Roe. (Heller, H) (Entered: 02/08/2006)

TEXT ORDER entered by Judge Harold A. Baker on 2/14/06. The plaintiffs are inmates or former inmates at the Logan Correctional Center, Lincoln, Illinois, which is in the United States District Court, Central District of Illinois, Springfield Division. The Rule 16 conference now scheduled for Wednesday, February 15, 2006, is vacated. The Clerk is directed to transfer this case to the Springfield Division.(MT, ilcd)

Case transferred in from Urbana Division. Case Number 05-2208. Case assigned to Judge Harold A. Baker and Charles H. Evans. (GU, ilcd)

TEXT ORDER: The court adopts the discovery plan proposed by the parties (d/e 8). The clerk is directed to enter the deadlines in the docket. A final pretrial conference is scheduled for March 5, 2007, at 1:30 p.m., by personal appearance by the parties' attorney(s) before the Court in Urbana. No video writ need issue for the plaintiffs' appearances at the final pretrial, as their counsel will appear on their behalf. A bench trial is scheduled for March 12, 2007, at 9:00 a.m., before the court in Urbana. The plaintiff is responsible for timely obtaining and serving the necessary trial subpoenas for his non-party witnesses. Witnesses who are incarcerated in the Illinois Department of Corrections at the time of the trial shall appear at the trial through video conference. Entered by Judge Harold A. Baker on 4/10/2006. (GU, ilcd)

Set/Reset Scheduling Order Deadlines: Discovery due by 4/20/2006. Motions due by 5/22/2006. Final Pretrial Conference set for 3/5/2007 01:30 PM before Judge Harold A. Baker. Bench Trial set for 4/12/2006 09:00 AM before Judge Harold A. Baker. (GU, ilcd)

MOTION for Sanctions by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 5/5/2006 (Attachments: # 1 Exhibit 1)(Walter, David) (Entered: 04/21/2006)

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 6/5/2006 (Walter, David) (Entered: 05/22/2006)

MOTION to Certify Class by Plaintiff Edward J Roe. Responses due by 6/14/2006 (Attachments: # 1 exhibit A)(Heller, H) (Entered: 05/31/2006)

MOTION make per deim argument by Plaintiff Edward J Roe. Responses due by 6/14/2006 (Heller, H) (Entered: 05/31/2006)

RESPONSE to Motion re 10 MOTION for Extension of Time to File filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 06/05/2006)

ORDER. Defendants' motion for sanctions is granted in part (d/e 9). By June 13, 2006, Defendants are directed to submit a motion for their expenses relating to Plaintiff Stasiak's deposition. Plaintiff Staskiak shall have 14 days thereafter to respond. Entered by Judge Harold A. Baker on 6/6/06. (CC, ilcd) (Entered: 06/06/2006)

RESPONSE to Motion re 12 MOTION make per deim argument filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 06/06/2006)

MOTION expenses re: Stasiak deposition re 14 Order on Motion for Sanctions, by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 6/27/2006 (Attachments: # 1 Maninfior Court Reporting Service, Inc.)(Walter, David) (Entered: 06/13/2006)

RESPONSE to Motion re 11 MOTION to Certify Class filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Attachments: # 1 Exhibit 1 - part 1# 2 Exhibit 1 - part 2# 3 Exhibit 1 - part 3# 4 Exhibit 2# 5 Exhibit 3 - part 1# 6 Exhibit 3 - part 2# 7 Exhibit 3 - part 3# 8 Exhibit 4# 9 Exhibit 5 - part 1# 10 Exhibit 5 - part 2# 11 Exhibit 5 - part 3# 12 Exhibit 5 - part 4)(Walter, David) (Entered: 06/15/2006)

TEXT ORDER: Defendants' unopposed motion to extend all deadlines 30 days is granted (d/e 10). Entered by Judge Harold A. Baker on 6/19/2006. (MAS, ilcd)

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 7/5/2006 (Walter, David) (Entered: 06/21/2006)

TEXT ORDER: The defendants' unopposed motion to extend the dispositive motion deadline to July 21, 2006, is granted (d/e 18). Other deadlines remain unchanged. Entered by Judge Harold A. Baker on 7/17/2006. (MAS, ilcd)

MOTION for Extension of Time to File by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. Responses due by 8/4/2006 (Walter, David) (Entered: 07/21/2006)

RESPONSE to Motion re 19 MOTION for Extension of Time to File filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 08/04/2006)

MOTION for Summary Judgment by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr.Responses due by 9/11/2006 (Walter, David) (Entered: 08/21/2006)

MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Attachments: # 1 Exhibit 1, Part 1# 2 Exhibit 1, Part 2# 3 Exhibit 2# 4 Exhibit 3, Part 1# 5 Exhibit 3, Part 2# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6, Part 1# 9 Exhibit 6, Part 2# 10 Exhibit 6, Part 3# 11 Exhibit 7, Part 1# 12 Exhibit 7, Part 2# 13 Exhibit 7, Part 3# 14 Exhibit 8# 15 Exhibit 9# 16 Exhibit 10# 17 Exhibit 11)(Walter, David) (Entered: 08/21/2006)

RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 09/13/2006)

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 09/29/2006)

TEXT ORDER: The plaintiffs' request to strike the defendants' motion for summary judgment as untimely is denied. The plaintiffs do not object to an extension to file dispositive motions; their response asks that, if the extension is granted, that their discovery deadline and expert disclosure deadline be extended as well. The defendants had good cause for filing their motion for summary judgment past the deadline (the need for Dr. Elyea's deposition transcript). The defendants' motion for summary judgment will therefore be considered on its merits. The defendants' motion for an extension is denied as moot (d/e 19). The plaintiffs shall have until October 31, 2006, to file their response to the summary judgment motion. The plaintiffs may attempt to oppose the summary judgment motion with experts of their own, subject to meritorious objections by the defendants, who may file a reply or other appropriate motion within 30 days of the plaintiffs' response. However, the plaintiffs must also make the disclosures required under Rule 26(a)(2) by October 31, 2006, if they seek to rely on experts. The court is not extending the deadlines for expert disclosure at this time. The court is only allowing the plaintiffs to present the experts they wish to be considered. Whether those experts will be considered will be determined after all parties have had a chance to state their positions. The discovery deadline remains unchanged. If the plaintiffs seek a reopening of discovery in order to oppose summary judgment, they must file a motion stating the specific information they seek, explain why the information is necessary to their case, explain why they were unable to obtain the information during discovery, and state how much time they need. As many of the issues in the summary judgment motion are also relevant to the motion to certify class, both motions will be ruled on together. The defendants' motion seeking $17.50 for costs incurred for the no-show deposition of Stasiak is granted (d/e 16). The plaintiffs' motion to make per diem argument is denied as premature (d/e 12). The motion may be renewed when the case is set for trial, if it survives summary judgment. Entered by Judge Harold A. Baker on 10/5/06. (MAS, ilcd)

RESPONSE to Motion re 21 MOTION for Summary Judgment, 11 MOTION to Certify Class filed by Plaintiff Edward J Roe. (Attachments: # 1 Exhibit deposition of defendant elyea)(Heller, H) (Entered: 10/31/2006)

REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Defendants Larry T Sims, Willard O Elyea, Roger E Walker, Jr. (Walter, David) (Entered: 11/16/2006)

TEXT ORDER: The final pretrial conference and trial are cancelled, pending resolution of the motion for summary judgment. Entered by Judge Harold A. Baker on 2/21/2007. (MAS, ilcd)

OPINION: 1) Defendants' motion for summary judgment is granted in part and denied in part (d/e 21) as follows: a) Summary judgment is granted in favor of Defendants Walker and Sims, who are terminated from this case. b) Summary judgment is gran ted to Defendants on Plaintiff Roe's claims arising from events that occurred before his incarceration in 2003, on the grounds that those claims are barred by the statute of limitations. c) Summary judgment is granted to Defendants on the claim s for injunctive relief by Plaintiffs Roe, Stasiak and Stephen. d) The motion for summary judgment is otherwise denied. 2) Plaintiffs' motion for class determination is denied (d/e 11). 3) A separate text order will enter setting this case for a final pretrial conference and trial. Entered by Judge Harold A. Baker on 3/28/2007. (GU, ilcd)

TEXT ORDER: The final pretrial conference is scheduled for Thursday, November 1, 2007, at 2:00 p.m., by personal appearance. The proposed final pretrial order is due October 25, 2007. Jury Selection/Jury Trial is scheduled for November 13, 2007, at 9:00 a.m. Entered by Judge Harold A. Baker on 4/27/2007. (MAS, ilcd)

MOTION to Substitute Attorney, David M. Walter to be replaced by Eric J. Rieckenberg, by Defendant Willard O Elyea.Responses due by 5/21/2007 (Rieckenberg, Eric) (Entered: 05/02/2007)

TEXT ORDER: Defendant's motion to substitute counsel is granted (d/e 28). Entered by Judge Harold A. Baker on 5/9/2007. (MAS, ilcd)

MOTION to Substitute Attorney, Eric J. Rieckenberg to be replaced by Joseph N. Rupcich, by Defendant Willard O Elyea. Responses due by 7/27/2007 (Rupcich, Joseph) (Entered: 07/10/2007)

RESPONSE to Motion re 29 MOTION to Substitute Attorney, Eric J. Rieckenberg to be replaced by Joseph N. Rupcich, No Objection to Motion filed by Plaintiff Edward J Roe. (Heller, H) (Entered: 07/16/2007)

TEXT ORDER: Attorney Rieckenberg's Motion to Substitute Attorney 29 is granted. Entered by Judge Harold A. Baker on 7/19/2007. (GU, ilcd)

MOTION to Continue Trial Date by Defendant Willard O Elyea. Responses due by 9/4/2007 (Rupcich, Joseph) (Entered: 08/16/2007)

TEXT ORDER: Defendants' unopposed motion to continue trial date is granted (d/e 31). Jury selection/jury trial is rescheduled to February 11, 2008, at 9:00 a.m.. The final pretrial conference remains scheduled for November 1, 2007, at 2:00 p.m., by personal appearance of counsel. Entered by Judge Harold A. Baker on 9/11/07. (ME, ilcd)

Proposed Pretrial Order by Willard O Elyea. (Rupcich, Joseph) (Entered: 10/31/2007)

TEXT ORDER Entered by Judge Harold A. Baker on 10/31/07. The Court is in a jury trial at this time. The final pretrial hearing scheduled for 11/1/07 at 2:00 p.m has been vacated. It will rescheduled at a later date.(KW, ilcd)

TEXT ORDER: The final pretrial hearing has been scheduled on Wednesday, January 16, 2008, at 1:30 p.m. by personal appearance, at the U. S. District Courthouse, 201 S. Vine St., Urbana, IL., before the Honorable Harold A. Baker, Courtroom B. Entered by Judge Harold A. Baker on 11/1/2007. (DM, ilcd)

MOTION to Continue Final Pre-Trial Hearing(No Objection) by Plaintiffs Anthony P Stasiak, Timothy J Stephen, Jackson Walker. Responses due by 1/31/2008 (Heller, H) (Entered: 01/14/2008)

The motion to continue final pretrial is granted (d/e 33). The final pretrial conference is rescheduled for January 31, 2008, at 1:30 p.m. by personal appearance. Entered by Judge Harold A. Baker on 1/15/2006. (CT, ilcd)

TEXT ORDER: Due to new conflicts in the court's calendar, the final pretrial is rescheduled to February 1, 2008, at 1:30 p.m. by personal appearance before the court in Urbana. Additionally, the jury trial must also be rescheduled, to February 14, 2008, at 9:00 a.m. The clerk is directed to issue writs to secure the presence of Plaintiffs Roe and Walker at the jury trial (see final pretrial order). No writs are necessary for the final pretrial conference, as Plaintiffs are represented by counsel. Entered by Judge Harold A. Baker on 1/16/2008. (MAS, ilcd)

MOTION in Limine Regarding Evidence of Indictment and Guilty Plea of Former Department of Corrections Director Donald Snyder by Defendant Willard O Elyea. Responses due by 2/14/2008 (Rupcich, Joseph) (Entered: 01/28/2008)

MOTION in Limine Regarding Evidence Claiming a Connection Between Defendant and the Illegal Actions of Former Director of the Illinois Department of Corrections Donald Snyder by Defendant Willard O Elyea. Responses due by 2/18/2008 (Rupcich, Joseph) (Entered: 01/31/2008)

PRETRIAL ORDER Entered by Judge Harold A. Baker on 2/4/08. See written order.(KW, ilcd) (Entered: 02/04/2008)

TEXT ORDER Entered by Judge Harold A. Baker on 2/4/08. Due to the weather and the Courthouse being closed on 2/1/08, the final pretrial hearing has been reset to 2/4/08 at 1:30 PM in Courtroom B before Judge Harold A. Baker. Counsel was notified by telephone on 2/1/08. (KW, ilcd)

Minute Entry for proceedings held before Judge Harold A. Baker: Final Pretrial Conference held on 2/4/2008. Appearance for plaintiffs by Kent Heller. Appearances for defendants by Joseph Rupcich and Kelly Choate. Motion in limine will be taken with the trial. Clerk directed to e:sign pretrial order. (Court Reporter TJ.) (KW, ilcd)

WRIT of Personal Appearance at trial issued for Plaintiff Edward J. Roe. (Faxed copy of Writ to Concordia and Graham CC with original, sealed Writs mailed to both.) (DM, ilcd) (Entered: 02/05/2008)

WRIT of Personal Appearance at trial issued for Plaintiff Jonathan Walker. (Faxed copy of Writ to Concordia and Graham CC with original, sealed Writs mailed to both.) (DM, ilcd) (Entered: 02/05/2008)

MOTION in Limine to Bar Plaintiff Stasiak from Testifying at Trial by Defendant Willard O Elyea. Responses due by 2/28/2008 (Rupcich, Joseph) (Entered: 02/11/2008)

Minute Entry for proceedings held before Judge Harold A. Baker: Jury Trial held on 2/14/2008. Appearance for plaintiffs by Kent Heller. Plaintiffs Edward Roe and Anthony Stasiak appeared personally. Appearances for defendant by Joseph Rupcich and Kelly Choate. Defendant Willard Elyea appeared personally. Before jury selection, motion hearing held. Motions #34 and 35 are granted, but plaintiffs' counsel will not enter into evidence which will make them moot. Motion #39 is denied. Jury selection held. Jurors sworn to hear the case. Opening statements by the parties. Evidence for the plaintiffs. Plaintiffs' counsel offers defendant's exhibits 1-6 into evidence. No objection. Defendant's exhibits 1-6 marked and admitted. Plaintiff rests at 3:46. Jury excused until 2/15/08 at 9:00. Out the presence of the jury. Defendant's motion for judgment as a matter of law under Rule 50. Plaintiffs have made a prima facie case. Motion for judgment under Rule 50 is denied. Court in recess until 2/15/08 at 9:30. Plaintiffs remanded to the custody of IDOC. (Court Reporter TJ.) (KW, ilcd)

JURY VERDICT in favor of plaintiff Stasiak and against defendant Elyea. Compensatory damages $20,000.00 and punitive damages $2,000,000.00(KW, ilcd) (Entered: 02/15/2008)

JURY VERDICT in favor of plaintiff Stephen and against defendant Elyea compensatory damages $20,000.00 and punitive damages $2,000,000.00 (KW, ilcd) (Additional attachment(s) added on 4/21/2008: # 1 jury verdict) (KW, ilcd). Corrected the jury verdict that was filed on 2/15/08. added on 4/21/2008: (Entered: 02/15/2008)

JURY VERDICT in favor of plaintiff Walker and against defendant Elyea in the sum of compensatory damages $20,000.00 and punitive damages $2,000,000.00. (KW, ilcd) (Entered: 02/15/2008)

JURY VERDICT in favor of plaintiff Roe and against defendant Elyea compensatory damages $20,000.00 and punitive damages $2,000,000.00. (KW, ilcd) (Entered: 02/15/2008)

Remark: Question from the Court to the jury. (KW, ilcd) (Entered: 02/15/2008)

Exhibit List. (KW, ilcd) (Entered: 02/15/2008)

Jury Instructions. (KW, ilcd) (Entered: 02/15/2008)

Remark: Uncontested issues of fact given to the jury. (KW, ilcd) (Entered: 02/15/2008)

Defendant's Jury Instructions refused.. (KW, ilcd) (Entered: 02/15/2008)

Defendant's EXHIBIT admitted by the plaintiffs. Stored in a folder in the vault. (KW, ilcd) Modified on 2/15/2008 (KW, ilcd). (Entered: 02/15/2008)

Minute Entry for proceedings held before Judge Harold A. Baker: Court reconvene. Court is minus plaintiffs Ed Roe and Timothy Stephen. Evidence for the defendant. Defendant's motion for judgment under Rule 50; denied. Jury Instruction Hearing held. Closing arguments for the parties. Jury instructions read to the jury. Jury out to delibrate at 12:49. By agreement exhibit 6 will not be given to the jury. Court in recess until jury comes back with a verdict. Jury in with a verdict at 4:19. Verdicts read into the record. Judgment to be entered. Post trial motions due within 10 days. Court in recess at 4:33.Jury Trial completed on 2/15/2008. (Court Reporter TJ.) (KW, ilcd)

See written Order of 02/18/2009, this Judgment is vacated as to Plaintiffs Walker, Stephen and Stasiak. JUDGMENT in favor of Anthony P Stasiak, Edward J Roe, Jackson Walker, Timothy J Stephen and against Willard O Elyea (KW, ilcd) Modified on 2/18/2009 (DM, ilcd). (Entered: 02/19/2008)

CASE MANAGEMENT ORDER: See written Order. Entered by Judge Harold A. Baker on 02/20/2008. (DM, ilcd) (Entered: 02/20/2008)

MOTION appointment of Court's expert by Plaintiff Edward J Roe. Responses due by 3/13/2008 (Attachments: # 1 Exhibit A. Dr. cv, # 2 Exhibit B. fee schedule)(Heller, H) (Entered: 02/25/2008)

MOTION for Judgment as a Matter of Law or In the Alternative, MOTION for New Trial by Defendant Willard O Elyea. Responses due by 3/21/2008 (Rupcich, Joseph) (Entered: 03/04/2008)

MEMORANDUM in Support re 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Defendant Willard O Elyea. (Rupcich, Joseph) (Entered: 03/04/2008)

CERTIFICATE of Compliance with Type Volume Limitation. (Rupcich, Joseph) (Entered: 03/04/2008)

MOTION for Permanent Injunction by Plaintiff Edward J Roe. Responses due by 3/24/2008 (Attachments: # 1 Exhibit A. NDDIC Treatment Guidelines)(Heller, H) (Entered: 03/06/2008)

RESPONSE to Motion re 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Plaintiff Edward J Roe. (Attachments: # 1 Certificate of Compliance)(Heller, H) (Entered: 03/18/2008)

RESPONSE to Motion re 56 MOTION for Permanent Injunction filed by Defendant Michael Puisis. (Rupcich, Joseph) (Entered: 03/20/2008)

MOTION for Extension of Time to File Response/Reply as to 51 Add and Terminate Parties, Order by Defendant Michael Puisis. Responses due by 4/28/2008 (Rupcich, Joseph) (Entered: 04/10/2008)

MOTION to Appoint Court's Expert Pursuant to Federal Rule of Evidence 706 by Defendant Michael Puisis. Responses due by 5/5/2008 (Attachments: # 1 Exhibit 1, 2 and 3)(Rupcich, Joseph) (Entered: 04/18/2008)

TEXT ORDER: It appears that the scanned-in version of the verdict for the plaintiff Walker covered up the punitive damages award due to the retraction of jurors' names. The clerk is directed to re-scan the original verdict for the plaintiff Walker. Additionally, the court directs the plaintiffs to file a reply to Defendant's response to the motion for permanent injunction, by May 2, 2008. Entered by Judge Harold A. Baker on 04/21/2008. (DM, ilcd)

MOTION for Reconsideration Class certification by Plaintiff Edward J Roe. Responses due by 5/19/2008 (Heller, H) (Entered: 05/02/2008)

RESPONSE to Motion re 61 MOTION for Reconsideration Class certification filed by Defendant Michael Puisis. (Rupcich, Joseph) (Entered: 05/14/2008)

MOTION releasew from prison for medical treatment of plaintiff roe by Plaintiff Edward J Roe. Responses due by 6/16/2008 (Heller, H) (Entered: 05/28/2008)

MOTION to Withdraw 63 MOTION releasew from prison for medical treatment of plaintiff roe, deceased by Plaintiff Edward J Roe. Responses due by 6/30/2008 (Heller, H) (Entered: 06/12/2008)

TEXT ORDER: A Rule 16 conference is scheduled for June 25, 2008, at 10:00 a.m. by telephone conference. The clerk will initiate the call. Entered by Judge Harold A. Baker on 06/16/2008. (DM, ilcd)

Minute Entry for proceedings held before Judge Harold A. Baker: Scheduling Conference held on 6/25/2008. Appearance for plaintiffs by Jason Crowder. Appearance for defendant by Kelly Choate. Written order to be entered. (Court Reporter TJ.) (KW, ilcd)

ORDER entered by Judge Harold A. Baker on 06/26/2008: IT IS THEREFORE ORDERED: 1) The plaintiffs' motion for a permanent injunction is denied (d/e 56); 2) The parties' motions to appoint an expert for purposes of injunctive relief are denied as moot (d/e's 52, 60); 3) The defendant's motion for an extension of time to identify an expert is denied as moot (d/e 59); 4) The plaintiff's motion for reconsideration of class certification is denied (d/e 61); 5) The plaintiffs' motion for the release of the plaintiff Roe is denied as moot (d/e 63). The plaintiffs' motion to withdraw the motion for release is denied as moot (d/e 64); 6) By July 17, 2008, Plaintiff Walker is directed to file a motion for the injunctive relief he seeks for himself, if any; and 7) Pursuant to Fed. R. Civ. P. 25(a), the parties have 90 days after service of a statement noting the death of Plaintiff Roe to move for substitution. It appears that the statement noting death was served on June 12, 2008 (d/e 64). SEE WRITTEN ORDER. (DM, ilcd) (Entered: 06/26/2008)

Motion for Injunctive relief by Jonathan J. Walker. (DM, ilcd) Modified on 8/21/2008 (DM, ilcd). (Entered: 07/30/2008)

MOTION to Substitute Party, Edward Roe to be replaced by Sandy Roe, by Plaintiff Edward J Roe. Responses due by 8/18/2008 (Heller, H) (Entered: 07/31/2008)

TEXT ORDER: The clerk is directed to send Plaintiff Walker's counsel a copy of the letter Walker filed on July 30, 2008 (d/e 66). Entered by Judge Harold A. Baker on 08/08/2008. (DM, ilcd)

MOTION to Supplement 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial by Defendant Willard O Elyea. Responses due by 9/2/2008 (Rupcich, Joseph) (Entered: 08/13/2008)

MEMORANDUM in Support re 68 MOTION to Supplement 53 MOTION for Judgment as a Matter of Law or In the Alternative MOTION for New Trial filed by Defendant Willard O Elyea. (Rupcich, Joseph) (Entered: 08/13/2008)

MOTION to Withdraw 69 Memorandum in Support of Motion by Defendant Willard O Elyea. Responses due by 9/2/2008 (Rupcich, Joseph) (Entered: 08/13/2008)

Exhibit to Defendant's Motion to Supplement Post-Trial Motion by Willard O Elyea. (Rupcich, Joseph) (Entered: 08/13/2008)

Text Order: Defendant Elyea's motion to withdraw memorandum is granted (d/e 70). Motion # 68 is withdrawn. Entered by Judge Harold A. Baker on 8/18/08. (ME, ilcd)

ORDER entered by Judge Harold A. Baker on 08/21/2008: 1) A hearing regarding the injunctive relief sought by Walker is set for September 25, 2008 at 1:30 p.m. by personal appearance of counsel. Plaintiff Walker shall appear by video conference. The clerk is directed to issue a writ to secure Plaintiff's Walker's video presence at the hearing. If lead counsel in the case cannot appear at the hearing an associate with knowledge of the case and authority to act must appear, and 2) The clerk is directed to re-docket the plaintiff's letter as a motion for injunctive relief, so that it will show as pending on the court's docket. (DM, ilcd) (Entered: 08/21/2008)

Notice of Docket Text or Event Modification re 66 . Per Judge's Order of August 21st, docket entry 66 was re-docketed as a Motion for Injunctive Relief. (DM, ilcd)

SECOND MOTION for Injunctive Relief by Plaintiff Jackson Walker. Responses due by 9/11/2008. (DM, ilcd) (Entered: 08/25/2008)

TEXT ORDER: Plaintiff Roe's motion to substitute is granted (d/e 67). The clerk is directed to change the caption to show that Sandy Roe, as Administrator of the Estate of Edward J. Roe, deceased, is substituted for Plaintiff Roe. Entered by Judge Harold A. Baker on 08/25/2008. (DM, ilcd)