Case: Crowe v. Federal Bureau of Prisons

1:24-cv-03582 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 20, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This ongoing lawsuit alleged that the Federal Bureau of Prisons violated the Earned Time Credits program of the First Step Act by treating the program as discretionary, as opposed to mandatory. On December 20, 2024, two incarcerated individuals, represented by Jenner & Block LLP and the federal and DC affiliate of the American Civil Liberties Union Foundation, filed a class action lawsuit against the Federal Bureau of Prisons (BOP) and its Director in the U.S. District Court for the District of…

This ongoing lawsuit alleged that the Federal Bureau of Prisons violated the Earned Time Credits program of the First Step Act by treating the program as discretionary, as opposed to mandatory.

On December 20, 2024, two incarcerated individuals, represented by Jenner & Block LLP and the federal and DC affiliate of the American Civil Liberties Union Foundation, filed a class action lawsuit against the Federal Bureau of Prisons (BOP) and its Director in the U.S. District Court for the District of Columbia. The plaintiffs alleged that the BOP's regulation (28 C.F.R. § 523.44) violated the First Step Act of 2018 (Public Law 115-391) by treating the application of earned time credits as discretionary rather than mandatory, and that this unlawful regulation resulted in thousands of eligible individuals, including themselves, being held in prison beyond the time allowed by law. The lawsuit sought to vacate the unlawful regulation, compel the BOP to transfer eligible individuals to prerelease custody or supervised release as directed by the First Step Act, and compel attorney’s fees. When plaintiffs filed the lawsuit, they moved for 23(b)(2) class certification to represent a class of “all incarcerated people who have earned or will earn time credits under the First Step Act, who meet or will meet the prerequisites for prerelease custody, and who have not been or will not be transferred to prerelease custody on or before the date when their time credits equal their remaining sentences.”

Plaintiffs filed a motion for preliminary injunction and provisional class certification on January 14, 2025. No order has been issued regarding these motions as of January 28, 2025.

On January 17, 2025, Judge Amit P. Mehta denied six motions to intervene filed by pro se litigants who were also incarcerated individuals that may have been eligible for prerelease custody under the First Step Act, holding that the intervenors failed to establish that plaintiffs cannot adequately represent their interests.

The case is ongoing as of January 28, 2025. 

Summary Authors

Marisa London (1/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69489954/parties/crowe-v-federal-bureau-of-prisons/


Judge(s)
Attorney for Plaintiff

Andersson, Emma A. (District of Columbia)

Attorney for Defendant

Bean, Samuel (District of Columbia)

Expert/Monitor/Master/Other

AGUIAR, STEPHEN (District of Columbia)

AMAYA-MARTINEZ, SERGIO (District of Columbia)

ANNAMALAI, ANNAMALAI (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:24-cv-03582

Class Action Complaint for Declaratory and Injunctive Relief

Dec. 20, 2024

Dec. 20, 2024

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69489954/crowe-v-federal-bureau-of-prisons/

Last updated Sept. 9, 2025, 4:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL BUREAU OF PRISONS, COLETTE PETERS ( Filing fee $ 405 receipt number ADCDC-11373471) filed by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons - Federal Bureau of Prisons, # 4 Summons - Colette Peters)(Henthorne, Elizabeth) (Entered: 12/20/2024)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons - Federal Bureau of Prisons

View on PACER

4 Summons - Colette Peters

View on PACER

Dec. 20, 2024

Dec. 20, 2024

Clearinghouse
2

MOTION to Certify Class and Appointment of Counsel and Supporting Memorandum of Law by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Vanessa Crowe, # 2 Declaration of Glen Galemmo, # 3 Declaration of Clio Gates, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Declaration of Patricia Richman, # 32 Declaration of Alison K. Guernsey, # 33 Declaration of Elizabeth Henthorne, # 34 Declaration of Scott Michelman, # 35 Declaration of Emma Andersson)(Henthorne, Elizabeth) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
3

NOTICE of Appearance by Arthur B. Spitzer on behalf of VANESSA CROWE, GLEN GALEMMO (Spitzer, Arthur) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
4

NOTICE of Appearance by Scott Michelman on behalf of VANESSA CROWE, GLEN GALEMMO (Michelman, Scott) (Entered: 12/21/2024)

Dec. 21, 2024

Dec. 21, 2024

PACER
5

NOTICE of Proposed Order by VANESSA CROWE, GLEN GALEMMO re 2 MOTION to Certify Class and Appointment of Counsel and Supporting Memorandum of Law (Henthorne, Elizabeth) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

RECAP
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Anamaria Andersson, Filing fee $ 100, receipt number ADCDC-11375934. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Henthorne, Elizabeth) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

RECAP
7

SUMMONS (2) Issued Electronically as to FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 12/26/2024)

Dec. 26, 2024

Dec. 26, 2024

PACER
8

REQUEST FOR SUMMONS TO ISSUE filed by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Summons)(Henthorne, Elizabeth) (Entered: 12/26/2024)

Dec. 26, 2024

Dec. 26, 2024

PACER

Notice of Error- New Case

Dec. 26, 2024

Dec. 26, 2024

PACER

Case Assigned/Reassigned

Dec. 26, 2024

Dec. 26, 2024

PACER

Case Assigned to Judge Amit P. Mehta. (zmtm)

Dec. 26, 2024

Dec. 26, 2024

PACER

NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmtm)

Dec. 26, 2024

Dec. 26, 2024

PACER
9

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 12/27/2024)

Dec. 27, 2024

Dec. 27, 2024

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 30, 2024

Dec. 30, 2024

PACER

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Emma Anamaria Andersson is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 12/30/2024. (lcapm2)

Dec. 30, 2024

Dec. 30, 2024

PACER
10

NOTICE of Appearance by Emma A. Andersson on behalf of All Plaintiffs (Andersson, Emma) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
17

MOTION to Intervene by STEVEN MESROP. (mg) (Entered: 01/15/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
18

MOTION to Intervene by STEPHEN AGUIAR. (mg) (Entered: 01/15/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER
19

MOTION to Intervene by BERNARDITO CARVAJAL. (mg) (Entered: 01/15/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 10, 2025

Jan. 10, 2025

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney Aditi Shah is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 1/10/2025. (lcapm1)

Jan. 10, 2025

Jan. 10, 2025

PACER
12

NOTICE of Appearance by Aditi Shah on behalf of All Plaintiffs (Shah, Aditi) (Entered: 01/13/2025)

Jan. 13, 2025

Jan. 13, 2025

PACER
20

MOTION to Intervene by SERGIO AMAYA-MARTINEZ. (mg) (Entered: 01/15/2025)

Jan. 13, 2025

Jan. 13, 2025

PACER
21

MOTION to Intervene by ANNAMALAI ANNAMALAI. (mg) (Entered: 01/16/2025)

Jan. 13, 2025

Jan. 13, 2025

PACER
13

MOTION to Intervene by SHAMOON RAFIQ. (mg) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

RECAP
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Julian Clark, Filing fee $ 100, receipt number ADCDC-11404183. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Henthorne, Elizabeth) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brantley Butcher, Filing fee $ 100, receipt number ADCDC-11405249. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Henthorne, Elizabeth) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER
16

MOTION for Preliminary Injunction, MOTION for Provisional Class Certification by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of C. Gates in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Henthorne, Elizabeth) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

PACER

Notice of Provisional/Government Not Certified Status

Jan. 14, 2025

Jan. 14, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb)

Jan. 14, 2025

Jan. 14, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb) Modified on 1/15/2025 (znmw).

Jan. 14, 2025

Jan. 14, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re NOTICE of Provisional/Government Not Certified Status re 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb)

Jan. 14, 2025

Jan. 14, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re NOTICE of Provisional/Government Not Certified Status re 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb) RESOLVED..... (ARTHUR SPITZER RENEWAL) 1/15/2025 (zapb).

Jan. 14, 2025

Jan. 14, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re NOTICE of Provisional/Government Not Certified Status re 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aditi Shah, Filing fee $ 100, receipt number ADCDC-11399496. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration of Aditi Shah, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/21/2025. (zapb) Modified on 1/15/2025 (zapb).

Jan. 14, 2025

Jan. 14, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 15, 2025

Jan. 15, 2025

PACER

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice. Attorney Julian Clark is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 1/15/2025. (lcapm1)

Jan. 15, 2025

Jan. 15, 2025

PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Attorney Brantley Allan Butcher is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 1/15/2025. (lcapm1)

Jan. 15, 2025

Jan. 15, 2025

PACER

MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Attorney Brantley Allan Butcher is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 1/15/2025. (lcapm1) Modified on 1/15/2025 to correct formatting (zakb).

Jan. 15, 2025

Jan. 15, 2025

PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/27/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 2/25/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/08/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 1/8/2025; COLETTE PETERS served on 1/8/2025 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Henthorne, Elizabeth) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
23

ORDER denying 13, 17, 18, 19, 20, 21 Motions to Intervene. See attached order for additional details. Signed by Judge Amit P. Mehta on 1/17/2025. (zakb) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

RECAP
24

NOTICE of Appearance by Julian Clark on behalf of All Plaintiffs (Clark, Julian) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

Jan. 17, 2025

Jan. 17, 2025

PACER

MINUTE ORDER. Plaintiffs' counsel shall attempt to communicate with designated counsel for Defendants about the pending motion for injunctive relief. The parties shall meet and confer and, by January 22, 2025, propose a briefing schedule on the motion. Signed by Judge Amit P. Mehta on 1/17/2025. (lcapm1)

Jan. 17, 2025

Jan. 17, 2025

PACER
25

NOTICE of Appearance by Brantley A. Butcher on behalf of VANESSA CROWE, GLEN GALEMMO (Butcher, Brantley) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

PACER
26

NOTICE of Appearance by Chetan A. Patil on behalf of All Defendants (Patil, Chetan) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
27

PROPOSED BRIEFING SCHEDULE re 22 Summons Returned Executed as to US Attorney,,, Summons Returned Executed as to U.S. Attorney General,,, Summons Returned Executed as to Federal Defendant,, 2 MOTION to Certify Class and Appointment of Counsel and Supporting Memorandum of Law (Joint) by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Patil, Chetan) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER

Scheduling Order

Jan. 22, 2025

Jan. 22, 2025

PACER

MINUTE ORDER entering 27 Joint Proposed Briefing Schedule. The schedule for further proceedings in this matter is as follows: (1) Defendants' Combined Motion to Dismiss and Opposition to 16 Plaintiffs' Motion for Preliminary Injunction and for Provisional Class Certification shall be due on or before February 12, 2025; (2) Plaintiffs' Combined Reply in Further Support of 16 Motion for Preliminary Injunction and for Provisional Class Certification and Opposition to Defendants' Motion to Dismiss shall be due on or before March 3, 2025; (3) Defendants' Opposition to Plaintiffs' 2 Motion for Class Certification shall also be due on or before March 3, 2025; (4) Defendants' Reply in Support of Motion to Dismiss shall be due on or before March 17, 2025; and (5) Plaintiffs' Reply in Support of 2 Motion for Class Certification shall also be due on March 17, 2025. Signed by Judge Amit P. Mehta on 1/22/2025. (lcapm1)

Jan. 22, 2025

Jan. 22, 2025

PACER
28

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Julius Mitchell, Filing fee $ 100, receipt number ADCDC-11430004. Fee Status: Fee Paid. by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Declaration in Support, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Henthorne, Elizabeth) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 24, 2025

Jan. 24, 2025

PACER

MINUTE ORDER granting 28 Motion for Leave to Appear Pro Hac Vice. Attorney Julius Mitchell is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 1/24/2025. (lcapm1)

Jan. 24, 2025

Jan. 24, 2025

PACER
29

MOTION to Intervene by JAMAAL A. HAMEEN. (Attachments: # 1 Exhibit) "Let this be filed." Signed by Judge Amit P. Mehta on 1/27/2025 (mg) (Entered: 01/28/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
30

MOTION to Intervene by ROGER ANCHUNDIA ESPINOZA. (Attachments: # 1 Exhibit). "Let this be filed." Signed by Judge Amit P. Mehta on 1/27/2025(mg) (Entered: 01/28/2025)

Jan. 27, 2025

Jan. 27, 2025

PACER
31

NOTICE of Appearance by Julius J. Mitchell on behalf of VANESSA CROWE, GLEN GALEMMO (Mitchell, Julius) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER

.Order

Jan. 29, 2025

Jan. 29, 2025

PACER

Order on Motion to Intervene

Jan. 29, 2025

Jan. 29, 2025

PACER

MINUTE ORDER denying by prior order 29 Motion to Intervene by JAMAAL A. HAMEEN. See the court's prior 23 Order for additional details. Signed by Judge Amit P. Mehta on 1/29/2025. (lcapm1)

Jan. 29, 2025

Jan. 29, 2025

PACER

MINUTE ORDER as to 30 Motion to Intervene by ROGER ACHUNDIA ESPINOZA. The court is not acting on Mr. Espinoza's letter, as it does not appear to be a request to intervene. The court asks Plaintiffs' counsel to follow up with Mr. Espinoza. Signed by Judge Amit P. Mehta on 1/29/2025. (lcapm1)

Jan. 29, 2025

Jan. 29, 2025

PACER
32

MOTION to Intervene by LUIS M. PEREZ. (Attachments: # 1 Exhibit). "Let this be filed." Signed by Judge Amit P. Mehta on 2/7/2025.(mg) (Entered: 02/07/2025)

1 Exhibit

View on PACER

Feb. 7, 2025

Feb. 7, 2025

PACER
33

MOTION to Intervene by STUART C. COLE. "Let this be filed." Signed by Judge Amit P. Mehta on 2/11/2025. (mg) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER
34

MOTION to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Declaration Shoulders Decl., # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D (redacted), # 6 Exhibit Ex. E (redacted), # 7 Exhibit Ex. F (redacted), # 8 Exhibit Ex. G (redacted), # 9 Exhibit Ex. H, # 10 Text of Proposed Order)(Patil, Chetan) (Entered: 02/12/2025)

1 Declaration Shoulders Decl.

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2 Exhibit Ex. A

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3 Exhibit Ex. B

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4 Exhibit Ex. C

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5 Exhibit Ex. D (redacted)

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6 Exhibit Ex. E (redacted)

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7 Exhibit Ex. F (redacted)

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8 Exhibit Ex. G (redacted)

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9 Exhibit Ex. H

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10 Text of Proposed Order

View on PACER

Feb. 12, 2025

Feb. 12, 2025

RECAP
35

Memorandum in opposition to re 16 Motion for Preliminary Injunction,, Motion for Miscellaneous Relief, filed by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Declaration Shoulders Decl., # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D (redacted), # 6 Exhibit Ex. E (redacted), # 7 Exhibit Ex. F (redacted), # 8 Exhibit Ex. G (redacted), # 9 Exhibit Ex. H, # 10 Text of Proposed Order)(Patil, Chetan) (Entered: 02/12/2025)

1 Declaration Shoulders Decl.

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2 Exhibit Ex. A

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3 Exhibit Ex. B

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4 Exhibit Ex. C

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5 Exhibit Ex. D (redacted)

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6 Exhibit Ex. E (redacted)

View on PACER

7 Exhibit Ex. F (redacted)

View on PACER

8 Exhibit Ex. G (redacted)

View on PACER

9 Exhibit Ex. H

View on PACER

10 Text of Proposed Order

View on PACER

Feb. 12, 2025

Feb. 12, 2025

RECAP
36

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by FEDERAL BUREAU OF PRISONS, COLETTE PETERS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exs. D-G to Shoulders Decl., # 2 Text of Proposed Order)(Patil, Chetan) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

PACER
37

NOTICE of Appearance by Samuel Bean on behalf of All Defendants (Bean, Samuel) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
38

MOTION to Hold in Abeyance re 33 MOTION to Intervene, 32 MOTION to Intervene by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 02/21/2025)

1 Text of Proposed Order

View on PACER

Feb. 21, 2025

Feb. 21, 2025

PACER

Order on Motion to Intervene

Feb. 23, 2025

Feb. 23, 2025

PACER

MINUTE ORDER denying by prior order 33 Motion to Intervene by Stuart Cole. See the court's prior 23 Order for additional details. Signed by Judge Amit P. Mehta on 2/23/2025. (lcapm1)

Feb. 23, 2025

Feb. 23, 2025

PACER
39

CERTIFICATE OF SERVICE by FEDERAL BUREAU OF PRISONS, COLETTE PETERS re 38 MOTION to Hold in Abeyance re 33 MOTION to Intervene, 32 MOTION to Intervene . (Attachments: # 1 Exhibit)(Patil, Chetan) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
40

Memorandum in opposition to re 2 Motion to Certify Class,,, filed by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 03/03/2025)

1 Text of Proposed Order

View on PACER

March 3, 2025

March 3, 2025

PACER
41

Memorandum in opposition to re 34 Motion to Dismiss, filed by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Crowe New Date Declaration, # 2 Crowe Exhaustion Declaration, # 3 Galemmo Exhaustion Declaration, # 4 Galemmo New Date Declaration, # 5 Declaration of Brantley Butcher, # 6 Text of Proposed Order)(Henthorne, Elizabeth) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

PACER
42

REPLY to opposition to motion re 16 Motion for Preliminary Injunction,, Motion for Miscellaneous Relief, filed by VANESSA CROWE, GLEN GALEMMO. (Henthorne, Elizabeth) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

PACER
43

Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class and Appointment of Counsel and Supporting Memorandum of Law, 34 MOTION to Dismiss and Opposition to Plaintiffs' Motion for Preliminary Injunction by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER

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

March 14, 2025

March 14, 2025

PACER

MINUTE ORDER granting 43 Consent Motion for Extension of Time to File Reply. Defendants shall file their Reply in Support of their Motion to Dismiss, and Plaintiffs shall file their Reply in Support of their Motion for Class Certification, by March 19, 2025. Signed by Judge Amit P. Mehta on 3/14/2025. (lcapm2)

March 14, 2025

March 14, 2025

PACER
44

NOTICE OF SUPPLEMENTAL AUTHORITY by VANESSA CROWE, GLEN GALEMMO (Attachments: # 1 Exhibit)(Henthorne, Elizabeth) (Entered: 03/17/2025)

1 Exhibit

View on PACER

March 17, 2025

March 17, 2025

RECAP
45

REPLY to opposition to motion re 2 Motion to Certify Class,,, filed by VANESSA CROWE, GLEN GALEMMO. (Clark, Julian) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
46

REPLY to opposition to motion re 34 Motion to Dismiss, filed by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. (Attachments: # 1 Declaration)(Patil, Chetan) (Entered: 03/19/2025)

1 Declaration

View on PACER

March 19, 2025

March 19, 2025

RECAP

Set/Reset Hearings

April 7, 2025

April 7, 2025

PACER

NOTICE OF HEARING re: Plaintiff's 2 Motion to Certify Class, 16 Motion for Preliminary Injunction, and Defendant's 34 Motion to Dismiss. The parties shall appear on May 15, 2025, at 10:30 AM in Courtroom 10 for a hearing on the pending motions. The court's schedule does not allow it to hold a hearing earlier than the day selected. Signed by Judge Amit P. Mehta on 4/7/2025. (lcapm1)

April 7, 2025

April 7, 2025

PACER
47

NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF PRISONS, COLETTE PETERS. Attorney Chetan Patil terminated. (Patil, Chetan) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

Status Conference

May 15, 2025

May 15, 2025

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Motions Hearing held on 5/15/2025. Court heard arguments on the Plaintiffs' 2 Motion to Certify Class, 16 Motion for Preliminary Injunction, and Defendant's 34 Motion to Dismiss. Court took the matters under advisement. (Court Reporter William Zaremba.) (zakb)

May 15, 2025

May 15, 2025

PACER
48

NOTICE OF SUPPLEMENTAL AUTHORITY by VANESSA CROWE, GLEN GALEMMO (Attachments: # 1 Exhibit Memorandum Opinion Adepoju v. Scales)(Shah, Aditi) (Entered: 05/16/2025)

1

View on RECAP

May 16, 2025

May 16, 2025

RECAP
49

MOTION for Leave to File Supplemental Memorandum of Law by VANESSA CROWE, GLEN GALEMMO. (Attachments: # 1 Proposed Supplemental Memorandum, # 2 Text of Proposed Order Proposed Order)(Shah, Aditi) (Entered: 05/23/2025)

1

View on RECAP

2

View on RECAP

May 23, 2025

May 23, 2025

RECAP
50

TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Amit P. Mehta held on May 15, 2025; Page Numbers: 1-101. Court Reporter/Transcriber: William Zaremba; Email: William_Zaremba@dcd.uscourts.gov. 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, PDF 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 6/18/2025. Redacted Transcript Deadline set for 6/28/2025. Release of Transcript Restriction set for 8/26/2025.(Zaremba, William) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
51

MEMORANDUM OPINION re: Plaintiffs' 16 Motion for Preliminary Injunction and for Provisional Class Certification and Defendants' 34 Motion to Dismiss. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 6/9/2025. (lcapm1) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP
52

ORDER. For the reasons stated in the 51 Memorandum Opinion, the court denies Plaintiffs' 16 Motion for Preliminary Injunction and grants Defendants' 34 Motion to Dismiss. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 6/9/2025. (lcapm1) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER
53

SEALED DOCUMENT (Exhibit Exs. D-G to Shoulders Decl.) filed by FEDERAL BUREAU OF PRISONS, COLETTE PETERS. re 34 Motion to Dismiss,. (This document is SEALED and only available to authorized persons.)(mg) (Entered: 06/10/2025)

June 9, 2025

June 9, 2025

PACER
54

SUPPLEMENTAL MEMORANDUM to re 16 MOTION for Preliminary Injunction MOTION for Provisional Class Certification filed by VANESSA CROWE, GLEN GALEMMO. (mg) (Entered: 06/10/2025)

June 9, 2025

June 9, 2025

PACER

Order on Motion for Leave to File AND Order on Motion to Appoint Lead Counsel AND Order on Motion to Certify Class AND Order on Motion to Hold in Abeyance AND Order on Motion to Intervene AND Order on Motion to Intervene AND Order on Sealed Motion for Leave to File Document Under Seal

June 9, 2025

June 9, 2025

PACER

MINUTE ORDER denying as moot Plaintiffs' 2 Motion for Class Certification and Appointment of Counsel; denying as moot 30, 32 Motions to Intervene; granting Defendants' 36 Unopposed Sealed Motion for Leave to File Document Under Seal; denying as moot Defendants' 38 Motion to Hold In Abeyance the Motions to Intervene; and granting Plaintiffs' 49 Motion for Leave to File Supplemental Memorandum of Law. The motion for class certification, motions to intervene, and the motion to hold in abeyance are denied as moot in light of the court's dismissal of this action. Further, the motion to seal is granted insofar as Defendants seek to seal sensitive information regarding the particular placement of Plaintiffs and the manner of their transfer. Finally, the court grants Plaintiffs motion for leave to file supplemental memorandum. Signed by Judge Amit P. Mehta on 6/9/2025. (lcapm1)

June 9, 2025

June 9, 2025

PACER
55

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 51 Memorandum & Opinion, 52 Order on Motion to Dismiss,, Order on Motion for Preliminary Injunction,, Order on Motion for Miscellaneous Relief, by VANESSA CROWE, GLEN GALEMMO. Fee Status: Paid, Receipt No. ADCDC-11870056, $605.00. Parties have been notified. (Henthorne, Elizabeth) Modified on 8/6/2025 to add payment information.(ztnr) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

PACER
56

Transmission of Notice of Appeal and Docket Sheet to USCA

Aug. 8, 2025

Aug. 8, 2025

PACER

USCA Case Number

Aug. 18, 2025

Aug. 18, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Criminal Justice (Other)

Prison Conditions

Key Dates

Filing Date: Dec. 20, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are serving criminal sentences who are eligible to earn time credits under the First Step Act

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal Bureau of Prisons (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Over/Unlawful Detention (facilities)

Work release or work assignments