Case: Mathis v. United States Parole Commission

Davis v. United States Parole Commission

ACLU of Washington, D.C.

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10874683) filed by K. DAVIS, W. MATHIS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for United States Parole Commission, # 3 Summons for Patricia K. Cushwa, # 4 Summons for Court Services and Offender Supervision Agency, # 5 Summons for Richard S. Tischner, # 6 Summons for Attorney General of the United States, # 7 Summons for USAO for D.C.)(Perry, Hanna) (Entered: 05/06/2024)

1 Civil Cover Sheet

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2 Summons for United States Parole Commission

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3 Summons for Patricia K. Cushwa

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4 Summons for Court Services and Offender Supervision Agency

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5 Summons for Richard S. Tischner

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6 Summons for Attorney General of the United States

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7 Summons for USAO for D.C.

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MOTION to Certify Class and Appoint Counsel by K. DAVIS, W. MATHIS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of W. Mathis, # 3 Declaration of K. Davis, # 4 Declaration of T. Seltzer, # 5 Declaration of R. Edmondson, # 6 Declaration of S. Michelman, # 7 Declaration of S. Deger-Sen, # 8 Declaration of A. Verriest, # 9 Declaration of H. Perry, # 10 Declaration of P. Davis, # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10, # 21 Exhibit 11, # 22 Exhibit 12, # 23 Text of Proposed Order)(Perry, Hanna). Added MOTION to Appoint Lead Counsel on 5/7/2024 (znmw). (Entered: 05/06/2024)

1 Memorandum in Support

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2 Declaration of W. Mathis

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3 Declaration of K. Davis

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4 Declaration of T. Seltzer

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5 Declaration of R. Edmondson

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6 Declaration of S. Michelman

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7 Declaration of S. Deger-Sen

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8 Declaration of A. Verriest

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9 Declaration of H. Perry

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10 Declaration of P. Davis

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11 Exhibit 1

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12 Exhibit 2

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13 Exhibit 3

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14 Exhibit 4

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15 Exhibit 5

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16 Exhibit 6

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17 Exhibit 7

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18 Exhibit 8

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19 Exhibit 9

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20 Exhibit 10

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21 Exhibit 11

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22 Exhibit 12

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23 Text of Proposed Order

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MOTION for Preliminary Injunction by K. DAVIS, W. MATHIS. (Attachments: # 1 Memorandum in Support, # 2 Declaration of W. Mathis, # 3 Declaration of K. Davis, # 4 Declaration of T. Seltzer, # 5 Declaration of R. Edmondson, # 6 Declaration of A. Verriest, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Text of Proposed Order)(Perry, Hanna) (Entered: 05/06/2024)

1 Memorandum in Support

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2 Declaration of W. Mathis

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3 Declaration of K. Davis

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4 Declaration of T. Seltzer

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5 Declaration of R. Edmondson

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6 Declaration of A. Verriest

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7 Exhibit A

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8 Exhibit B

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9 Exhibit C

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10 Exhibit D

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11 Exhibit E

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12 Exhibit F

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13 Exhibit G

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14 Exhibit H

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15 Exhibit I

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16 Text of Proposed Order

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NOTICE of Appearance by Peter E. Davis on behalf of K. DAVIS, W. MATHIS (Davis, Peter) (Entered: 05/06/2024)

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 05/06/2024)

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/07/2024)

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 05/07/2024. (lctnm1) (Entered: 05/07/2024)

NOTICE of Appearance by Michael Krevans Perloff on behalf of K. DAVIS, W. MATHIS (Perloff, Michael) (Entered: 05/07/2024)

Case Assigned/Reassigned

.Order AND ~Util - Set/Reset Deadlines/Hearings

Case Assigned to Judge Trevor N. McFadden. (znmw)

MINUTE ORDER: Upon consideration of Plaintiffs' 3 Motion for a Preliminary Injunction, Defendants' response is due by May 20, and Plaintiffs' Reply is due by May 27. The parties are further ORDERED to appear for a motion hearing on Plaintiffs' 3 Motion for a Preliminary Injunction on Monday, June 3, at 1:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/07/2024. (lctnm1)

NOTICE of Appearance by Zoe E. Friedland on behalf of All Plaintiffs (Friedland, Zoe) (Entered: 05/09/2024)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/7/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2024. (Davis, Peter) (Entered: 05/09/2024)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Allison Beth Frankel, Filing fee $ 100, receipt number ADCDC-10888805. Fee Status: Fee Paid. by K. DAVIS, W. MATHIS. (Attachments: # 1 Declaration Frankel Decl, # 2 Exhibit, # 3 Text of Proposed Order)(Perloff, Michael) (Entered: 05/10/2024)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/10/2024. (lctnm1)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/13/24. (Davis, Peter) (Entered: 05/13/2024)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COURT SERVICES AND OFFENDER SUPERVISION AGENCY served on 5/10/2024; PATRICIA K. CUSHWA served on 5/13/2024; RICHARD S. TISCHNER served on 5/10/2024; UNITED STATES PAROLE COMMISSION served on 5/13/2024 (Davis, Peter) (Entered: 05/13/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 05/17/2024)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines/Hearings

MINUTE ORDER: The Court GRANTS IN PART Defendants' 14 Consent Motion for Extension of Time. Defendants' response to Plaintiffs' 3 Motion for Preliminary Injunction is now due on May 21 and Plaintiffs' reply is due on May 28. The motion hearing, however, will remain on Monday, June 3, at 1:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. All counsel are advised that extensions of time must be made at least four business days before the affected deadline or hearing. See Standing Order § 9(A), ECF No. 7. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/17/2024. (lctnm1)

NOTICE of Appearance by Allison Frankel on behalf of All Plaintiffs (Frankel, Allison) (Main Document 15 replaced on 5/20/2024) (mg). (Entered: 05/20/2024)

Memorandum in opposition to re 3 Motion for Preliminary Injunction, filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 05/21/2024)

REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by K. DAVIS, W. MATHIS. (Davis, Peter) (Entered: 05/28/2024)

NOTICE of Appearance by Christine Casey Smith on behalf of K. DAVIS, W. MATHIS (Smith, Christine) (Entered: 06/03/2024)

NOTICE of Appearance by Jordan L. Hughes on behalf of K. DAVIS, W. MATHIS (Hughes, Jordan) (Entered: 06/03/2024)

Motion Hearing

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 6/3/2024 re 3 MOTION for Preliminary Injunction filed by W. MATHIS, K. DAVIS. Held under advisement. (Court Reporter: Lisa Edwards.) (hmc)

MOTION to Stay re 2 MOTION to Certify Class and Appoint Counsel MOTION to Appoint Lead Counsel by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/04/2024)

ERRATA (Refiled Complaint) by K. DAVIS, W. MATHIS re 1 Complaint,. (Attachments: # 1 Errata Refiled Complaint)(Perry, Hanna) (Entered: 06/05/2024)

1 Errata Refiled Complaint

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.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' 20 Motion to Stay Class Certification Proceedings, Plaintiffs' opposition is due by June 18, and Defendants' reply is due by June 25. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/05/2024. (lctnm1)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Upon consideration of the Government's representations at the Preliminary Injunction Hearing, the Government's Motion to Dismiss the 1 Complaint is due by June 21, Plaintiffs' opposition is due by July 5, and the Government's reply is due by July 12. While the federal rules do not specifically contemplate shortening the response time under Rule 12, the Court "has inherent power to do so in the face of special circumstances." 5B Wright & Miller, Federal Practice and Procedure § 1346, at 41-43 (2004); see, e.g., Mascaro Const. Co., L.P. v. Loc. Union No. 210, No. 09-cv-0427T, 2009 WL 1405858, at *5 (W.D.N.Y. May 15, 2009) (shortening respondent's time to respond from 20 days to eight days); Drinan v. Nixon, 364 F. Supp. 853, 853 (D. Mass. 1973) (similar). Special circumstances exist here because Plaintiffs have moved for a preliminary injunction and the Government has expressed an intention to file a motion to dismiss on grounds similar to those expressed in its preliminary injunction opposition. The parties are further ORDERED to brief whether Defendants have sovereign immunity. Briefing on that issue shall appear in the parties' motion-to-dismiss papers. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/06/2024. (lctnm1)

TRANSCRIPT OF MOTION HEARING before Judge Trevor N. McFadden held on June 3, 2024; Page Numbers: 1-68. Date of Issuance: June 8, 2024. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/29/2024. Redacted Transcript Deadline set for 7/9/2024. Release of Transcript Restriction set for 9/6/2024.(Edwards, Lisa) (Entered: 06/08/2024)

Memorandum in opposition to re 20 Motion to Stay, filed by KENNEDY DAVIS, WILLIAM MATHIS. (Attachments: # 1 Text of Proposed Order)(Davis, Peter) (Entered: 06/18/2024)

Consent MOTION for Extension of Time to Brief Motion to Dismiss by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/20/2024)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

MINUTE ORDER: The Court GRANTS the Government's 24 Consent Motion for Extension of Time. The motion to dismiss briefing schedule shall be adjusted as follows: the Government's motion is due on June 25; Plaintiffs' opposition is due on July 12; and the Government's reply is due on July 19. The Government's reply in support of its stay motion is now due on June 27. The Court admonishes all counsel to review its Standing Order, which requires motions for extensions of time to be filed four business days before the affected deadline. See Standing Order at 3, ECF No. 7. The Court does not expect to grant any further extensions on these motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/21/2024. (lctnm1)

MOTION to Dismiss by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Venguswamy, Kartik) (Entered: 06/25/2024)

REPLY to opposition to motion re 20 MOTION to Stay re 2 MOTION to Certify Class and Appoint Counsel MOTION to Appoint Lead Counsel filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 06/27/2024)

Memorandum in opposition to re 25 Motion to Dismiss filed by KENNEDY DAVIS, WILLIAM MATHIS. (Attachments: # 1 Text of Proposed Order)(Perry, Hanna) (Entered: 07/12/2024)

REPLY to opposition to motion re 25 MOTION to Dismiss filed by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 07/19/2024)

NOTICE OF WITHDRAWAL OF APPEARANCE as to KENNEDY DAVIS, WILLIAM MATHIS. Attorney Jordan L. Hughes terminated. (Hughes, Jordan) (Entered: 07/31/2024)

NOTICE of Appearance by Ashika Verriest on behalf of All Plaintiffs (Verriest, Ashika) (Entered: 08/09/2024)

MEMORANDUM OPINION on Plaintiffs' 3 Motion for Preliminary Injunction and Defendants' 25 Motion to Dismiss. See the attached Memorandum Opinion for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

ORDER granting Plaintiffs' 3 Motion for Preliminary Injunction and denying Defendants' 25 Motion to Dismiss. See the attached Order for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

MEMORANDUM ORDER on Plaintiffs' 2 Motion to Certify Class and Appoint Counsel and Defendants' 20 Motion to Stay Class Certification Proceedings. See the attached Memorandum Order for details. Signed by Judge Trevor N. McFadden on 09/05/2024. (lctnm1) (Entered: 09/05/2024)

SUGGESTION OF DEATH Upon the Record as to WILLIAM MATHIS by KENNEDY DAVIS, WILLIAM MATHIS. (Friedland, Zoe) Modified event on 9/12/2024 (mg). (Entered: 09/11/2024)

NOTICE of Voluntary Dismissal by KENNEDY DAVIS, WILLIAM MATHIS. (See docket entry 34 to view document). (mg) (Entered: 09/12/2024)

Notice of Voluntary Dismissal

NOTICE (Joint Proposed Schedule) by KENNEDY DAVIS (Smith, Christine) (Entered: 09/19/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION. (Venguswamy, Kartik) (Entered: 09/19/2024)

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: The Court GRANTS IN PART the Government's 37 Consent Motion for Extension Nunc Pro Tunc. The Government's answer is now due on September 23. The Court admonishes the Government's counsel to strictly adhere to the Court's four-business-day rule on extensions of time. See Standing Order at 3, ECF No. 7. Absent good cause that goes beyond a heavy workload, the Court will not grant future extension requests that violate this rule. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1)

MINUTE ORDER: Upon consideration of the parties' 36 Joint Proposed Schedule for Further Proceedings, Plaintiff's Renewed Motion for Class Certification is due by October 3, Defendants' Opposition is due by November 4, and Plaintiff's Reply is due by November 18. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/20/2024. (lctnm1)

ANSWER to Complaint by COURT SERVICES AND OFFENDER SUPERVISION AGENCY, PATRICIA K. CUSHWA, RICHARD S. TISCHNER, UNITED STATES PAROLE COMMISSION.(Venguswamy, Kartik) (Entered: 09/23/2024)

ORDER setting Telephonic Initial Scheduling Conference. See the attached Order for details. Signed by Judge Trevor N. McFadden on 09/24/2024. (lctnm1) (Entered: 09/24/2024)

MOTION to Certify Class by KENNEDY DAVIS. (Attachments: # 1 Declaration of P. Davis, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Declaration of R. Edmondson, # 15 Declaration of K. Davis, # 16 Declaration of T. Seltzer, # 17 Declaration of S. Deger-Sen, # 18 Declaration of S. Michelman, # 19 Declaration of H. Perry, # 20 Declaration of A. Verriest, # 21 Text of Proposed Order)(Davis, Peter) (Entered: 10/03/2024)

1 Declaration of P. Davis

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Declaration of R. Edmondson

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15 Declaration of K. Davis

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16 Declaration of T. Seltzer

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17 Declaration of S. Deger-Sen

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18 Declaration of S. Michelman

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19 Declaration of H. Perry

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20 Declaration of A. Verriest

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21 Text of Proposed Order

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MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Friedland, Zoe) (Entered: 10/15/2024)

1 Text of Proposed Order

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Scheduling Conference AND ~Util - Set/Reset Deadlines/Hearings

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Initial Scheduling Conference held on 10/23/2024. Each party may depose up to 10 witnesses, offer up to 4 experts, seek up to 10 requests for admission, 25 document requests, and 25 interrogatories. Discovery starts today. Defendants' opposition to Plaintiff's motion for class certification due by 11/4/2024. Plaintiff's reply due by 11/18/2024. Initial Disclosures due by 11/6/2024. Plaintiff's Rule 26(a)(2) Expert Disclosures due by 5/15/2025. Defendants' Rule 26(a)(2) Expert Disclosures due by 6/30/2025. All discovery, including expert discovery due by 7/23/2025. Telephonic Post-Discovery Status Conference set for 7/31/2025 at 10:00 AM before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc)

Memorandum in opposition to re 40 Motion to Certify Class,, filed by UNITED STATES PAROLE COMMISSION, PATRICIA K. CUSHWA, COURT SERVICES AND OFFENDER SUPERVISION AGENCY, RICHARD S. TISCHNER. (Attachments: # 1 Affidavit Helenihi Aff (Ex. A))(Venguswamy, Kartik) (Entered: 11/04/2024)

1 Affidavit Helenihi Aff (Ex. A)

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NOTICE of Appearance by Lia Rose Cattaneo on behalf of KENNEDY DAVIS (Cattaneo, Lia) (Entered: 11/18/2024)

REPLY to opposition to motion re 40 Motion to Certify Class,, filed by KENNEDY DAVIS. (Davis, Peter) (Entered: 11/18/2024)

MEMORANDUM ORDER GRANTING Plaintiff's 40 Renewed Motion for Class Certification and Appointment of Counsel. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/11/2025. (lctnm1)

NOTICE of Hearing: The parties shall take notice that a telephonic discovery hearing is set for March 26, 2025, at 2:00 PM before Judge Trevor N. McFadden. Dial-in information will be sent to the parties. (lctnm1)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Teleconference held on 3/26/2025. (Court Reporter: Lisa Edwards.) (hmc)

MINUTE ORDER: For the reasons discussed in the telephonic discovery hearing, all discovery deadlines are STAYED until further order of the Court. The parties shall appear for an in-person discovery hearing in Courtroom 2 before Judge Trevor N. McFadden on April 28, 2025, at 2:00 PM. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/26/2025. (lctnm1)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Discovery Hearing held on 4/28/2025. Defendants' answers to the outstanding interrogatories due by 5/9/2025. Defendants' responses to the requests for admissions due by 4/29/2025. Defendants' supplement and completion of CSOSA production on the 300 sample files and records for the clients in mental health supervision due by 5/2/2025. United States Parole Commission's documentation for the requests for admission for the 300 sample files and the mental health supervision cases due by 5/16/2025. Plaintiffs' Rule 26(a)(2) Expert Disclosures due by 7/15/2025. Defendants' Rule 26(a)(2) Expert Disclosures due by 8/29/2025. Discovery due by 9/23/2025. Telephonic Post-Discovery Status Conference set for 10/3/2025 at 10:00 AM before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc)

MINUTE ORDER: The Court GRANTS IN PART Plaintiffs' 51 Unopposed Motion for Extension of Time to Complete Discovery. Plaintiffs' Rule 26(a)(2) Expert Disclosures are now due by August 15, 2025. Defendants' Rule 26(a)(2) Expert Disclosures are now due by September 29, 2025. All discovery, including expert discovery, now closes on October 24, 2025. The Telephonic Post-Discovery Status Conference set for October 3, 2025, at 10:00 AM is RESCHEDULED to October 28, 2025, at 10:00 AM before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/3/2025. (lctnm1)

MINUTE ORDER granting 53 Motion for Leave to Appear Pro Hac Vice as to Chanelle Jones. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/17/2025. (lctnm1)

MINUTE ORDER: The parties are ORDERED to appear for a Telephonic Discovery Hearing on August 19, 2025, at 5:00 PM before Judge Trevor N. McFadden. Dial-in information will be sent to the parties. Because Plaintiff's Rule 26(a)(2) Expert Disclosures deadline is prior to the hearing, that deadline is STAYED until further order of the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/1/2025. (lctnm1)

MINUTE ORDER: For the reasons discussed in the telephonic discovery hearing, the Court sets the following discovery deadlines. Defendants must produce the remaining discovery involving mental disability records no later than September 5, 2025. Plaintiffs' Rule 26(a)(2) Expert Disclosures are now due September 19, 2025. Defendants' Rule 26(a)(2) Expert Disclosures are now due October 20, 2025. All discovery now closes on November 7, 2025. The Telephonic Post-Discovery Status Conference set for October 28, 2025, is RESCHEDULED to November 14, 2025, at 10:00 AM before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/19/2025. (lctnm1)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Discovery Hearing held on 8/19/2025. (Court Reporter: Lorraine Herman.) (hmc)

Discovery Hearing

MINUTE ORDER. The parties' 56 request to extend discovery and continue the discovery hearing is DENIED. The parties are ORDERED to appear for a Telephonic Discovery Hearing on November 14, 2025 at 10:00 AM before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/14/2025. (lctnm1) Modified on 11/14/2025 (hmc).

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 11/14/2025. Order forthcoming. (Court Reporter: Lisa Edwards.) (hmc)

MINUTE ORDER. The Government's Reply to the Expert Report is now due on or before December 5, 2025. All discovery shall close by December 19, 2025. The parties are ORDERED to appear for a Telephonic Post-Discovery Status Conference December 22, 2025 at 2:00 PM. Dial-in information will be sent to the parties. Absent exceptional circumstances, the Court is unlikely to grant further extensions on this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/14/2025. (lctnm1)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ward Penfold, Filing fee $ 100, receipt number ADCDC-12133468. Fee Status: Fee Paid. by KENNEDY DAVIS. (Attachments: # 1 Declaration of Ward Penfold, # 2 Text of Proposed Order)(Musse, Danayit) (Entered: 12/12/2025)

NOTICE of Appearance by Ward Penfold on behalf of KENNEDY DAVIS (Penfold, Ward) (Entered: 12/15/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 58 Motion for Leave to Appear Pro Hac Vice as to Ward Penfold. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/15/2025. (lctnm1).

Joint MOTION for Briefing Schedule for Summary Judgment by KENNEDY DAVIS. (Attachments: # 1 Text of Proposed Order)(Jones, Chanelle) (Entered: 12/19/2025)

Status Conference AND ~Util - Set/Reset Deadlines

Order Referring Case to Mediation (Mediation Program)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Post-Discovery Status Conference held on 12/22/2025. Case referred to circuit mediation. Order forthcoming. Plaintiffs' Motion for Summary Judgment due by 2/17/2026. Government's Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion due by 4/20/2026. Plaintiffs' Reply in support of their Motion for Summary Judgment and Opposition to Government's Cross-Motion due by 5/20/2026. Government's Reply in support of its Cross-Motion due by 6/10/2026. (Court Reporter: Lisa Edwards.) (hmc)

MINUTE ORDER: As discussed at the motion hearing held on December 22, 2025, it is ORDERED that this matter is referred to the Mediation Program of the United States District Court for the District of Columbia. If the parties reach a settlement before summary judgment briefing or after it commences, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/22/2025. (lctnm1).