Case: X. v. New Jersey Department of Corrections

COMPLAINT against NEW JERSEY DEPARTMENT OF CORRECTIONS, GARY LANNIGAN, NEW JERSEY DEPARTMENT OF EDUCATION, KIMBERLY HARRINGTON ( Filing and Admin fee $ 400 receipt number 0312-7583357), filed by CASEY Z., AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ADAM X., BRIAN Y.. (Attachments: # 1 Civil Cover Sheet)(LIVENGOOD, REBECCA) (Attachment 1 replaced on 1/12/2017) (gl) (Entered: 01/11/2017)

First MOTION To Proceed Under Pseudonym by ADAM X., BRIAN Y., CASEY Z.. (Attachments: # 1 Text of Proposed Order, # 2 Brief)(LIVENGOOD, REBECCA) (Entered: 01/11/2017)

SUMMONS ISSUED as to KIMBERLY HARRINGTON, GARY LANNIGAN, NEW JERSEY DEPARTMENT OF CORRECTIONS, NEW JERSEY DEPARTMENT OF EDUCATION Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) (Entered: 01/11/2017)

Add and Terminate Judges

QC - Updating Account

Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jjc)

CLERK'S QUALITY CONTROL MESSAGE - The Complaint submitted by Rebecca Livengood, Esq. on 1/11/2017 appears to have address information as to Rebecca Livengood, Esq. that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jem)

Set Deadlines as to 2 First MOTION To Proceed Under Pseudonym . Motion set for 2/6/2017 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps)

Set/Reset Motion and R&R Deadlines/Hearings

NOTICE of Appearance by JOSEPH C. O'KEEFE on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ADAM X., BRIAN Y., CASEY Z. (O'KEEFE, JOSEPH) (Entered: 01/18/2017)

MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Certification of Jeanne LoCicero in Support of PHV motion, # 2 Certification of Smith with Good Standing Certificate, # 3 Certification of Packrone with Good Standing Certificate, # 4 Text of Proposed Order, # 5 Certificate of Service)(LOCICERO, JEANNE) (Entered: 01/20/2017)

NOTICE of Appearance by GREGORY R. BUENO on behalf of KIMBERLY HARRINGTON, GARY LANNIGAN, NEW JERSEY DEPARTMENT OF CORRECTIONS, NEW JERSEY DEPARTMENT OF EDUCATION (Attachments: # 1 Certificate of Service)(BUENO, GREGORY) (Entered: 01/23/2017)

Certification of Mary-Lee K. Smith in Support of PHV Application on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY Re 5 Motion for Leave to Appear,. (LOCICERO, JEANNE) (Entered: 01/23/2017)

Certification of Seth Packrone in Support of PHV Application on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY Re 5 Motion for Leave to Appear,. (LOCICERO, JEANNE) (Entered: 01/23/2017)

Letter re 2 First MOTION To Proceed Under Pseudonym . (BUENO, GREGORY) (Entered: 01/23/2017)

CLERK'S QUALITY CONTROL MESSAGE - The Certifications of Mary-Lee K. Smith and Seth Packrone submitted with the Motion for Pro hac 5 by Jeanne Locicero on 1/20/2017 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT CERTIFICATION ONLY with a proper SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mps)

Set/Reset Motion and R&R Deadlines/Hearings

QC - Generic Message

Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/21/2017 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps)

Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 1/25/2017, ( Status/Settlement Conference set for 2/27/2017 10:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson.). (jg, )

~Util - Set Hearings AND Telephone Conference

NOTICE LETTER giving counsel 5 days to object to current Judge assignment. (mps) (Entered: 01/30/2017)

ORDER that the time to answer or otherwise respond to the Complaint is extended to 3/14/2017. The parties shall send a copy of the proposed settlement terms to the Court by 2/23/2017. The parties shall convene in Chambers for a settlement conference on 2/27/2017 at 10:00 A.M. with decision makers for Defendants and Plaintiffs available by telephone. Signed by Judge Freda L. Wolfson on 2/2/2017. (mps) (Entered: 02/02/2017)

Letter from Gregory R. Bueno, DAG to the Hon. Lois H. Goodman, U.S.M.J. re 7 Certification, 5 MOTION for Leave to Appear Pro Hac Vice, 8 Certification. (BUENO, GREGORY) (Entered: 02/03/2017)

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice as to Mary-Lee Kimber Smith and Seth Packrone. Signed by Magistrate Judge Lois H. Goodman on 2/8/2017. (km) (Entered: 02/08/2017)

MOTION for Leave to Appear Pro Hac Vice Notice of Unopposed Motion For Pro Hac Vice Admission of Attorney William C. Silverman by ADAM X., BRIAN Y., CASEY Z.. (Attachments: # 1 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Wiiliam C. Silverman, # 2 Certification of Joseph C. O'Keefe in Support, # 3 Certification of William C. Silverman in Support, # 4 Text of Proposed Order, # 5 Certificate of Service)(O'KEEFE, JOSEPH) (Entered: 02/15/2017)

MOTION for Leave to Appear Pro Hac Vice Notice of Unopposed Motion For Pro Hac Vice Admission of Attorney Brian L. Friedman by ADAM X., BRIAN Y., CASEY Z.. (Attachments: # 1 Motion to Appear Pro Hac Vice Filed on Behalf of Attorney Brian L. Friedman, # 2 Certification of Joseph C. O'Keefe in Support, # 3 Certification of Brian L. Friedman in Support, # 4 Text of Proposed Order, # 5 Certificate of Service)(O'KEEFE, JOSEPH) (Entered: 02/15/2017)

Set/Reset Motion and R&R Deadlines/Hearings

QC - Generic Message

Set Deadlines as to 14 MOTION for Leave to Appear Pro Hac Vice Notice of Unopposed Motion For Pro Hac Vice Admission of Attorney William C. Silverman. Motion set for 3/20/2017 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps, )

Set Deadlines as to 15 MOTION for Leave to Appear Pro Hac Vice Notice of Unopposed Motion For Pro Hac Vice Admission of Attorney Brian L. Friedman. Motion set for 3/20/2017 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps, )

CLERK'S QUALITY CONTROL MESSAGE - The Certifications of William C. Silverman submitted with the 14 Motion for Pro hac and Brian L. Friedman submitted with the 15 Motion for Pro hac by Joseph O'Keefe on 2/15/2017 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT CERTIFICATIONS ONLY with a proper SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court (mps)

Certification of William C. Silverman in Support of Motion to Appear Pro Hac Vice on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ADAM X., BRIAN Y., CASEY Z. Re 14 Motion for Leave to Appear,. (O'KEEFE, JOSEPH) (Entered: 02/16/2017)

Certification of Brian L. Friedman in Support of Motion to Appear Pro Hac Vice on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ADAM X., BRIAN Y., CASEY Z. Re 15 Motion for Leave to Appear,. (O'KEEFE, JOSEPH) (Entered: 02/16/2017)

ORDER granting 14 Motion for Leave to Appear Pro Hac Vice as to William C. Silverman, Esq. Signed by Magistrate Judge Lois H. Goodman on 2/16/2017. (mps) (Entered: 02/17/2017)

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Brian L. Friedman, Esq.. Signed by Magistrate Judge Lois H. Goodman on 2/16/2017. (mps) (Entered: 02/17/2017)

Letter from All Counsel regarding settlement discussions re 11 Order,. (Attachments: # 1 Text of Proposed Order regarding Confidentiality, # 2 Text of Proposed Order regarding legal phone calls)(LOCICERO, JEANNE) (Entered: 02/23/2017)

Text Minute Entry for proceedings held before Judge Freda L. Wolfson & Judge Lois H. Goodman: Status Conference held on 2/27/2017. (jg, )

Status Conference

Pro Hac Vice fee of $300 received as to Mary-Lee Kimber Smith, Esq., and Seth Packrone, Esq., receipt number TRE077965. (jem)

Pro Hac Vice Fee Received

TEXT ORDER setting a Telephone Conference Call for 3/28/17 at 9:30 a.m. with Magistrate Judge Lois H. Goodman. Plaintiff's counsel to initiate the call at that time. Ordered by Magistrate Judge Lois H. Goodman on 3/6/17. (ij, ) (Entered: 03/06/2017)

Order on Oral Motion

Letter from Gregory R. Bueno Requesting Extension of Time to Answer, Move or Otherwise Reply to Complaint. (BUENO, GREGORY) (Entered: 03/10/2017)

LETTER ORDER that the deadline for Defendants to move, answer, or otherwise respond is extended to 3/24/2017. Signed by Magistrate Judge Lois H. Goodman on 3/15/2017. (km) (Entered: 03/15/2017)

LETTER ORDER that the Defendants' time to answer is extended to 4/21/2017. Signed by Magistrate Judge Lois H. Goodman on 3/28/2017. (km) (Entered: 03/28/2017)

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 3/28/2017. (ij, )

Telephone Conference

TEXT ORDER setting a Telephone Conference Call for 4/28/17 at 1:00 p.m. with Magistrate Judge Lois H. Goodman. Plaintiffs' counsel to initiate the call at that time. Ordered by Magistrate Judge Lois H. Goodman on 4/7/17. (ij, ) (Entered: 04/07/2017)

AMENDED COMPLAINT Adam X., Brian Y., Casey Z., American Civil Liberties Union of New Jersey, and The Arc of New Jersey against All Defendants All Defendants., filed by CASEY Z., AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, ADAM X., BRIAN Y..(LIVENGOOD, REBECCA) (Entered: 04/07/2017)

Order on Oral Motion

Letter from Plaintiffs re Expert Selection. (LOCICERO, JEANNE) (Entered: 04/12/2017)

Letter from Gregory R. Bueno re 27 Letter. (BUENO, GREGORY) (Entered: 04/18/2017)

ANSWER to Amended Complaint by KIMBERLY HARRINGTON, GARY LANNIGAN, NEW JERSEY DEPARTMENT OF CORRECTIONS, NEW JERSEY DEPARTMENT OF EDUCATION. (Attachments: # 1 Certificate of Service)(BUENO, GREGORY) (Entered: 04/21/2017)

STIPULATION of Proposed Confidentiality Order by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Appendix)(LIVENGOOD, REBECCA) (Entered: 04/24/2017)

STIPULATION of Proposed Order Regarding Communication with Incarcerated Clients by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (LIVENGOOD, REBECCA) (Entered: 04/24/2017)

Letter from Plaintiffs' Counsel re Expert Selection. (LIVENGOOD, REBECCA) (Entered: 04/25/2017)

LETTER ORDER the Clerk's Office is instructed to temporarily seal the appendix filed as an attachment to the 30 Proposed Confidentiality Order. The ACLU of NJ shall file a Motion to Seal by 5/12/2017, returnable 6/5/2017. Signed by Magistrate Judge Lois H. Goodman on 4/25/2017. (mps) (Entered: 04/25/2017)

CONSENT ORDER regarding telephone use by Plaintiff in this matter.. Signed by Magistrate Judge Lois H. Goodman on 4/28/2017. (mps) (Entered: 04/28/2017)

Confidentiality Order. Signed by Magistrate Judge Lois H. Goodman on 4/28/2017. (1) Appendix (mps). (Entered: 04/28/2017)

Notice of Request by Pro Hac Vice Seth Packrone to receive Notices of Electronic Filings. (LOCICERO, JEANNE) (Entered: 04/28/2017)

Notice of Request by Pro Hac Vice Mary Lee Kimber Smith to receive Notices of Electronic Filings. (LOCICERO, JEANNE) (Entered: 04/28/2017)

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 4/28/2017. (ij, )

Pro Hac Vice counsel, SETH PACKRONE and MARY LEE KIMBER SMITH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mps)

Telephone Conference

Notice of Pro Hac Vice counsel added

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman, U.S.M.J. (BUENO, GREGORY) (Entered: 05/05/2017)

Letter from Jeanne LoCicero. (LOCICERO, JEANNE) (Entered: 05/05/2017)

PRETRIAL SCHEDULING ORDER: The parties are to either advise the Court on an agreed upon expert or submit resumes of the proposed experts to the Court by 5/5/2017 such that the Court can decide upon an expert. Once an expert has been selected and retained, a telephone status conference with the expert and the parties shall be scheduled for 5/25/2017 at 12:00 p.m.. Signed by Magistrate Judge Lois H. Goodman on 5/9/2017. (mps) (Entered: 05/09/2017)

Letter from Gregory R. Bueno re 33 Order, 30 Stipulation. (BUENO, GREGORY) (Entered: 05/12/2017)

Letter from Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order)(LIVENGOOD, REBECCA) (Entered: 05/15/2017)

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman. (Attachments: # 1 Text of Proposed Order)(BUENO, GREGORY) (Entered: 05/17/2017)

CONSENT ORDER that Dr. Joseph Gagnon shall be the court-appointed independent and neutral expert in this matter who shall report directly to the Court. Signed by Judge Freda L. Wolfson on 5/19/2017. (mps) (Entered: 05/19/2017)

Letter from Plaintiffs' Counsel re Expert Scope Order. (LIVENGOOD, REBECCA) (Entered: 05/19/2017)

Letter from Gregory R. Bueno re 45 Letter, 44 Order. (Attachments: # 1 Text of Proposed Order)(BUENO, GREGORY) (Entered: 05/22/2017)

AMENDED ORDER that Dr. Joseph Gagnon shall be the court-appointed independent and neutral expert in this matter who shall report directly to the Court. This Order modifies and supersedes Dkt. No. 44, which was inadvertently submitted as a Consent Order. Signed by Judge Freda L. Wolfson on 5/25/2017. (mps) (Entered: 05/25/2017)

LETTER ORDER that the Clerk's Office is instructed to unseal docket entries 30 and 35 . Signed by Magistrate Judge Lois H. Goodman on 5/25/2017. (mps) (Entered: 05/25/2017)

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 5/25/2017. (eh, )

ORDER granting 2 Motion To Proceed Under Pseudonym. Plaintiffs Adam X., Brian Y., Casey Z. may proceed in this matter using those pseudonyms. Signed by Magistrate Judge Lois H. Goodman on 5/30/2017. (mps) (Entered: 05/30/2017)

Letter from Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order)(LIVENGOOD, REBECCA) (Entered: 05/31/2017)

Telephone Conference

CONSENT ORDER that Dr. Gagnon shall submit systemic and facility-specific document requests to both the New Jersey Department of Corrections and the New Jersey Department of Education by 6/9/2017. Defendants shall produce the requested documents to Dr. Gagnon and Plaintiffs on a rolling basis. Defendants shall produce all the requested documents to Dr. Gagnon and Plaintiffs by 7/7/2017. The parties will further meet and confer with Dr. Gagnon and will propose to the Court by 6/9/2017, a schedule for the site visits and an agreed-upon budget. Signed by Magistrate Judge Lois H. Goodman on 6/2/2017. (mps) (Entered: 06/02/2017)

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman, U.S.M.J re 50 Letter, 51 Order,,. (BUENO, GREGORY) (Entered: 06/09/2017)

Letter from Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order)(LIVENGOOD, REBECCA) (Entered: 06/14/2017)

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman, U.S.M.J re 53 Letter. (BUENO, GREGORY) (Entered: 06/15/2017)

Letter from Plaintiffs' Counsel. (LIVENGOOD, REBECCA) (Entered: 06/27/2017)

Letter from Plaintiffs' Counsel. (LIVENGOOD, REBECCA) (Entered: 06/27/2017)

Docket Annotation (public)

DOCKET CLARIFICATION: Docket Entry No. 55 was submitted in error. (Gonzalez, P)

Letter from Gregory R. Bueno re 56 Letter. (BUENO, GREGORY) (Entered: 07/06/2017)

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 7/7/2017. (ij, )

Telephone Conference

Letter from Gregory R. Bueno. (BUENO, GREGORY) (Entered: 07/14/2017)

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman, U.S.M.J. (BUENO, GREGORY) (Entered: 07/21/2017)

Letter from Plaintiffs' counsel to Hon. Lois H. Goodman re 59 Letter. (LOCICERO, JEANNE) (Entered: 07/21/2017)

Letter from Gregory R. Bueno to the Hon. Lois H. Goodman, U.S.M.J. (BUENO, GREGORY) (Entered: 07/27/2017)

Letter from Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(LIVENGOOD, REBECCA) (Entered: 07/27/2017)

2

View on PACER

CONSENT ORDER setting certain deadlines and budget as to the work plan of Dr. Joseph Gagnon. Signed by Magistrate Judge Lois H. Goodman on 8/3/2017. (mps) (Entered: 08/03/2017)

TEXT ORDER that a telephonic case management conference will be conducted on 8/21/2017 at 3:00 p.m. Counsel for Plaintiff is to initiate the call to Chambers at that time. Ordered by Magistrate Judge Lois H. Goodman on 08/21/2017. (Gonzalez, P) (Entered: 08/21/2017)

Order on Oral Motion