Case: South Carolina State Conference of NAACP v. South Carolina Department of Juvenile Justice

COMPLAINT against Eden Hendrick, South Carolina Department of Juvenile Justice ( Filing fee $ 402 receipt number ASCDC-10462391.), filed by South Carolina State Conference of NAACP, Disability Rights South Carolina, Justice 360. Service due by 7/25/2022. (Attachments: # 1 Exhibit 1-2017 Legislative Audit, # 2 Exhibit 2-2021 Legislative Audit, # 3 Exhibit 3-Senate Select Committee Raise the Age Report, # 4 Exhibit 4-PREA Audit, # 5 Exhibit 5-Shealy-Stettner Affidavit, # 6 Exhibit 6-DOJ BRRC Notice, # 7 Exhibit 7-DOJ Settlement with SCDJJ, # 8 Exhibit 8 - DOJ Report)(dist) (Entered: 04/27/2022)

1 Exhibit 1-2017 Legislative Audit

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2 Exhibit 2-2021 Legislative Audit

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3 Exhibit 3-Senate Select Committee Raise the Age Report

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4 Exhibit 4-PREA Audit

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5 Exhibit 5-Shealy-Stettner Affidavit

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6 Exhibit 6-DOJ BRRC Notice

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7 Exhibit 7-DOJ Settlement with SCDJJ

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8 Exhibit 8 - DOJ Report

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Local Rule 26.01 Answers to Interrogatories by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.(dist) (Entered: 04/27/2022)

Summons Issued as to Eden Hendrick. (dist) (Entered: 04/27/2022)

Summons Issued as to South Carolina Department of Juvenile Justice. (dist) (Entered: 04/27/2022)

TRUE DIVISION FOR TRIAL: Columbia. (dist) (Entered: 04/27/2022)

True Division for Trial

SUMMONS Returned Executed by South Carolina State Conference of NAACP, Disability Rights South Carolina, Justice 360. South Carolina Department of Juvenile Justice served on 4/28/2022, answer due 5/19/2022. (Attachments: # 1 Affidavit of Service on South Carolina Department of Juvenile Justice)(Barker, Rita) (Entered: 05/02/2022)

SUMMONS Returned Executed by South Carolina State Conference of NAACP, Disability Rights South Carolina, Justice 360. Eden Hendrick served on 4/28/2022, answer due 5/19/2022. (Attachments: # 1 Affidavit of Service on Eden Hendrick)(Barker, Rita) (Entered: 05/02/2022)

NOTICE of Appearance by Robert E Tyson, Jr on behalf of Eden Hendrick, South Carolina Department of Juvenile Justice (Tyson, Robert) (Entered: 05/19/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 6/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Ex. A - Hearing Transcript, # 2 Exhibit Ex. B - SCDJJ Policy No. G.3.4, # 3 Exhibit Ex. C - SCDJJ Policy No. 920)No proposed order.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 05/19/2022)

1 Exhibit Ex. A - Hearing Transcript

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2 Exhibit Ex. B - SCDJJ Policy No. G.3.4

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3 Exhibit Ex. C - SCDJJ Policy No. 920

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SCHEDULING ORDER Rule 26 Report due by 6/23/2022, Motions to Amend Pleadings due by 8/18/2022, Discovery due by 12/8/2022, Motions due by 12/22/2022, Mediation Due by 2/16/2023. Signed by Magistrate Judge Paige J. Gossett on 5/20/2022. (dist) (Entered: 05/20/2022)

MOTION for Preliminary Injunction by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 6/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Declaration of Phyllis Ross, # 3 Declaration of Hannah Freedman, # 4 Declaration of Lakysha Nelson, # 5 Declaration of Teresa Owen, # 6 Declaration of Brenda Murphy, # 7 Declaration of Beth Franco, # 8 Declaration of Lindsey Vann, # 9 Declaration of Phyllis Becker, # 10 Declaration of David Muhammad, # 11 Declaration of Louis J. Kraus, M.D., # 12 Declaration of Dr. Peter Leone)No proposed order.Motions referred to Paige J Gossett.(Barker, Rita) Supplement filed as entry 48 on 9/15/2022 (dist). (Entered: 05/24/2022)

1 Memo in Support

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2 Declaration of Phyllis Ross

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3 Declaration of Hannah Freedman

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4 Declaration of Lakysha Nelson

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5 Declaration of Teresa Owen

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6 Declaration of Brenda Murphy

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7 Declaration of Beth Franco

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8 Declaration of Lindsey Vann

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9 Declaration of Phyllis Becker

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10 Declaration of David Muhammad

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11 Declaration of Louis J. Kraus, M.D.

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12 Declaration of Dr. Peter Leone

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Defendants' Local Rule 26.01 Answers to Interrogatories by Eden Hendrick, South Carolina Department of Juvenile Justice.(Traywick, Vordman) (Entered: 06/02/2022)

RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.Reply to Response to Motion due by 6/9/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 06/02/2022)

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice.Reply to Response to Motion due by 6/14/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Ex. 1 - Declaration of Eden Hendrick, # 2 Exhibit Ex. 2 - Declaration of Mack McGhee)(Traywick, Vordman) (Attachment 1 replaced on 6/8/2022 with corrected document provided by the filing user). (dist) (Entered: 06/07/2022)

1 Exhibit Ex. 1 - Declaration of Eden Hendrick

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2 Exhibit Ex. 2 - Declaration of Mack McGhee

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REPLY to Response to Motion re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice. (Traywick, Vordman) (Entered: 06/09/2022)

REPLY to Response to Motion re 13 MOTION for Preliminary Injunction Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. (Attachments: # 1 Exhibit A-Supplemental Ross Declaration, # 2 Exhibit B-Alexander S Mtn to Terminate Judicial Supervision, # 3 Exhibit C-Jan 25 2017 DJJ Letter to LAC, # 4 Exhibit D-July 25 2018 DJJ Letter to Leg. Oversight Committee)Re-filed by clerk to correct event type.(dist) (Entered: 06/15/2022)

1 Exhibit A-Supplemental Ross Declaration

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2 Exhibit B-Alexander S Mtn to Terminate Judicial Supervision

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3 Exhibit C-Jan 25 2017 DJJ Letter to LAC

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4 Exhibit D-July 25 2018 DJJ Letter to Leg. Oversight Committee

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Response in Support of Motion

DELETION OF DOCKET ENTRY NUMBER 18 Reason: Refiled by clerk to correct event type Modified filing date to that of original filing: 6/14/2022. Corrected entry at 19 . Response due date modified to that of original filing: n/a (dist). (Entered: 06/15/2022)

Entry Deletion

MOTION to Appear Pro Hac Vice by Anna Kathryn Barnes ( Filing fee $ 350 receipt number ASCDC-10557377) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 06/23/2022)

MOTION to Appear Pro Hac Vice by Jessica Jacobson Wendkouni Sawadogo ( Filing fee $ 350 receipt number ASCDC-10557524) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 06/23/2022)

MOTION to Appear Pro Hac Vice by Martina Bamun Tiku ( Filing fee $ 350 receipt number ASCDC-10557603) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 06/23/2022)

MOTION to Appear Pro Hac Vice by Joseph Rostain Schottenfeld ( Filing fee $ 350 receipt number ASCDC-10557653) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 06/23/2022)

MOTION to Stay Defendants' Motion to Stay Discovery or, in the Alternative, Motion for Protective Order by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 7/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Ex. A - Owens Emails to Exec Director, # 2 Exhibit Ex. B - Service Email and Plaintiffs' First RFP)No proposed order.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 06/23/2022)

1 Exhibit Ex. A - Owens Emails to Exec Director

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2 Exhibit Ex. B - Service Email and Plaintiffs' First RFP

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Joint Rule 26(f) Report by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. (Attachments: # 1 Joint Rule 26(f) Discovery Plan and 26.03 Responses)(Barker, Rita) (Entered: 06/23/2022)

DOCKET TEXT ORDER granting without objection 22 Motion to Appear Pro Hac Vice; granting without objection 23 Motion to Appear Pro Hac Vice; granting without objection 24 Motion to Appear Pro Hac Vice; granting without objection 25 Motion to Appear Pro Hac Vice. Entered at the direction of Magistrate Judge Paige J. Gossett on 7/1/2022. (kkus, ) (Entered: 07/01/2022)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

MOTION to Appear Pro Hac Vice by Jeremy Micah Creelan ( Filing fee $ 350 receipt number ASCDC-10579080) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 07/07/2022)

MOTION to Appear Pro Hac Vice by Jeremy Hale Ershow ( Filing fee $ 350 receipt number ASCDC-10579696) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 07/07/2022)

MOTION to Appear Pro Hac Vice by Mary Elizabeth Marshall ( Filing fee $ 350 receipt number ASCDC-10579759) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 07/07/2022)

MOTION to Appear Pro Hac Vice by Amit Bhikhu Patel ( Filing fee $ 350 receipt number ASCDC-10579801) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 07/07/2022)

MOTION to Appear Pro Hac Vice by William Robert Weaver ( Filing fee $ 350 receipt number ASCDC-10579826) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 7/21/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application for Admission Pro Hac Vice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 07/07/2022)

NOTICE of Rule 16 Conference AND Motions Hearing on Defendants' 10 Motion to Dismiss for Failure to State a Claim, 26 Motion to Stay, or in the alternative, Motion for Protective Order, 13 Motion for Preliminary Injunction: Status Conference and Motion Hearing set for 7/26/2022 10:00 AM in Columbia # 7, Matthew J. Perry Court House, 901 Richland St, Columbia before Magistrate Judge Paige J Gossett. The court will hear only legal arguments on the pending motions; if needed, an evidentiary hearing may be scheduled for a later date. All parties participating in the hearing should be prepared to discuss matters related to scheduling and any other topics which may aid in the efficient progression of this case. Counsel are instructed to have their calendars available during the hearing to facilitate scheduling.(jpet, ) (Entered: 07/07/2022)

RESPONSE in Opposition re 26 MOTION to Stay Defendants' Motion to Stay Discovery or, in the Alternative, Motion for Protective Order Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.Reply to Response to Motion due by 7/14/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barker, Rita) (Entered: 07/07/2022)

Notice of Hearing on Motion

DOCKET TEXT ORDER granting without opposition 31 Motion to Appear Pro Hac Vice; granting without opposition 32 Motion to Appear Pro Hac Vice; granting without opposition 33 Motion to Appear Pro Hac Vice; granting without opposition 34 Motion to Appear Pro Hac Vice; granting without opposition 35 Motion to Appear Pro Hac Vice. Entered at the direction of Magistrate Judge Paige J. Gossett on 7/13/2022. (kkus, ) (Entered: 07/13/2022)

DOCKET TEXT ORDER suspending discovery pending Rule 16 Conference and Motions Hearing set for July 26, 2022. Entered at the direction of Magistrate Judge Paige J. Gossett on 7/13/2022. (kkus, ) (Entered: 07/13/2022)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Order on Motion to Stay

Minute Entry. Proceedings held before Magistrate Judge Paige J Gossett: Motion Hearing and Rule 16 Conference held on 7/26/2022 re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eden Hendrick, South Carolina Department of Juvenile Justice. Attorneys Rita Bolt Barker, David Allen Chaney, Jr., Jeremy Ershow, and Joseph Schottenfeld present for the plaintiffs; attorneys Carlisle Traywick, Robert Tyson, Jr., and Clarence Davis present for the defendants. Motions argued; Report and Recommendation to issue. Stay of discovery continued to August 31, 2022. Court Reporter Courtsmart. (jpet, ) (Entered: 07/27/2022)

Motion Hearing

REPORT AND RECOMMENDATION recommending that the defendants' motion to dismiss for lack of subject matter jurisdiction should be granted. (ECF No. 10) Objections to R&R due by 9/14/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 8/31/2022. (dist) (Entered: 08/31/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion held on July 26, 2022, before Judge Paige J. Gossett. Court Reporter/Transcriber Teresa B. Johnson, Telephone number/E-mail Teresa_johnson@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 9/22/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 11/30/2022. Associated Cases: 0:22-cv-01338-MGL, 3:22-cv-01221-MGL(tjohnson, ) (Entered: 09/01/2022)

Consent MOTION to Seal Document by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 9/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Non-Confidential Index of Sealed Documents)No proposed order.(Chaney, David) (Entered: 09/14/2022)

SUPPLEMENT by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP to 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A - Declaration of Allen Chaney with PbS Statistics, # 2 Exhibit B - Declaration of Child 16, # 3 Exhibit C - Declaration of Teresa Rivera)(Chaney, David) (Entered: 09/14/2022)

1 Exhibit A - Declaration of Allen Chaney with PbS Statistics

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2 Exhibit B - Declaration of Child 16

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3 Exhibit C - Declaration of Teresa Rivera

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OBJECTION to 45 Report and Recommendation by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Reply to Objections due by 9/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) Modified to edit text on 9/19/2022 (cbru, ). (Entered: 09/14/2022)

MOTION to Strike 48 Supplement, by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 10/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - 07.26.2022 Transcript of Hearing - NAACP v. SCDJJ)No proposed order.(Traywick, Vordman) (Entered: 09/28/2022)

REPLY by Eden Hendrick, South Carolina Department of Juvenile Justice to 49 Objection to Report and Recommendation, 45 REPORT AND RECOMMENDATION re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eden Hendrick, South Carolina Department of Juvenile Justice . (Traywick, Vordman) (Entered: 09/28/2022)

TEXT ORDER: Before the Court is Plaintiffs' 47 motion to seal. Plaintiffs have failed to provide to the Court for in camera review the unredacted document it seeks to seal, as required under Section 8 of the Electronic Case Filing Policies and Procedures. No later than Tuesday, October 4, 2022, Plaintiffs shall furnish the document for review. IT IS SO ORDERED. (In Camera Submission due by 10/4/2022) Signed by Honorable Mary Geiger Lewis on 9/29/2022. (cbru, ) (Entered: 09/29/2022)

~Util - Set Deadlines AND Order

Consent MOTION to Withdraw as Attorney for Attorney Jeremy Ershow by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 10/17/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Barker, Rita) (Entered: 10/03/2022)

TEXT ORDER: Having reviewed Plaintiffs' in camera submission, the Court holds their 47 motion to seal is GRANTED. Plaintiffs shall file an unredacted version of the entirety of the Declaration of Child 16 under seal using the event "Unredacted Document - Sealed" forthwith. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/5/2022.(cbru, ) (Entered: 10/05/2022)

UNREDACTED DOCUMENT re 48 Supplement Exhibit B - Declaration of Child 16 by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. (Chaney, David) Modified to remove incorrect linkage and to edit text on 10/5/2022 (cbru, ). (Entered: 10/05/2022)

Order on Motion to Seal Document

RESPONSE in Opposition re 51 MOTION to Strike 48 Supplement, Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.Reply to Response to Motion due by 10/19/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barker, Rita) (Entered: 10/12/2022)

REPLY to Response to Motion re 51 MOTION to Strike 48 Supplement, Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice. (Traywick, Vordman) (Entered: 10/19/2022)

TEXT ORDER granting 56 Motion to Withdraw as Attorney. Signed by Honorable Mary Geiger Lewis on 10/27/2022.(dist) (Entered: 10/28/2022)

Order on Motion to Withdraw as Attorney

ORDER rejecting the 45 Report and Recommendation, denying Defendants' 10 motion to dismiss as to standing and referring the case back to the Magistrate Judge. Magistrate Judge Paige J Gossett added. Signed by Honorable Mary Geiger Lewis on 2/2/2023. Motions referred to Paige J Gossett.(dist) Modified on 2/3/2023 to create linkage (dist). (Entered: 02/03/2023)

Joint MOTION for Hearing Requesting Status Conference by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 3/1/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 02/15/2023)

NOTICE of Hearing: Telephone Status Conference set for 3/1/2023 10:00 AM before Magistrate Judge Paige J Gossett. All parties participating in the teleconference should be prepared to discuss matters related to scheduling and any other topics which may aid in the efficient progression of this case. Counsel are instructed to have their calendars available during the hearing to facilitate scheduling. Call-in instructions attached.(jpet, ) (Entered: 02/21/2023)

Minute Entry. Proceedings held before Magistrate Judge Paige J Gossett: Telephone Status Conference held on 3/1/2023. Attorney Allen Chaney present on call for Plaintiffs; attorney Carlisle Traywick present on call for Defendants. Parties to file amended motions to dismiss and for preliminary injunction within 14 days. (Motions due by 3/15/2023.) Defendants inform the court that 51 motion to strike is moot. Motion hearing, if needed, will be held on 4/12/2023 and 4/13/2023 with limited discovery pertaining to the Rule 12(b)(6) issues and preliminary injunction only. (jpet, ) (Entered: 03/01/2023)

Telephone Conference AND ~Util - Set Deadlines AND Order on Motion for Hearing AND Order on Motion to Strike

Telephone Conference AND Order on Motion for Hearing AND ~Util - Set Deadlines AND Order on Motion to Strike

~Util - Set Deadlines AND Order on Motion to Strike AND Telephone Conference AND Order on Motion for Hearing

~Util - Set Deadlines AND Telephone Conference AND Order on Motion to Strike AND Order on Motion for Hearing

Consent MOTION for Extension of Time by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 3/28/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Paige J Gossett.(Chaney, David) (Main Document 74 replaced on 3/14/2023 with corrected document at the request of the filing user) (dist). (Entered: 03/14/2023)

DOCKET TEXT ORDER granting for good cause shown 74 Consent Motion for Extension of Time. Entered at the direction of Magistrate Judge Paige J. Gossett on 03/14/2023. (jwhi, ) (Entered: 03/14/2023)

MOTION for Permission to Communicate Directly with Non-Managing Employees and Agents of Defendant DJJ by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Motions referred to Paige J Gossett. Re-filed per chambers.(jpet, ) (Entered: 03/16/2023)

Order on Motion for Extension of Time

RESPONSE in Opposition re 77 MOTION for Permission to Communicate Directly with Non-Managing Employees and Agents of Defendant DJJ Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice. Re-filed per chambers. (jpet, ) (Entered: 03/16/2023)

NOTICE of Hearing on Motion 77 MOTION for Permission to Communicate Directly with Non-Managing Employees and Agents of Defendant DJJ: Telephone Conference set for 3/23/2023 10:00 AM before Magistrate Judge Paige J Gossett. All parties participating in the teleconference should be prepared to discuss matters related to scheduling and any other topics which may aid in the efficient progression of this case. Counsel are instructed to have their calendars available during the hearing to facilitate scheduling. Call-in instructions attached.(jpet, ) (Entered: 03/17/2023)

NOTICE of Appearance by Sarah Cameron Frierson on behalf of Eden Hendrick, South Carolina Department of Juvenile Justice (Frierson, Sarah) (Entered: 03/17/2023)

Amended MOTION to Dismiss by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 3/31/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Declaration of Eden Hendrick)No proposed order.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 03/17/2023)

Amended MOTION for Preliminary Injunction by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 3/31/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit Declaration of Allen Chaney, # 3 Exhibit Declaration of Allison Franz, # 4 Exhibit Declaration of Arthur Hays, # 5 Exhibit Declaration of Beth Franco, # 6 Exhibit Declaration of Expert David Muhammad, # 7 Exhibit Declaration of Hannah Freedman, # 8 Exhibit Declaration of Jennifer Coyle, # 9 Exhibit Declaration of Karen Hamrick, # 10 Exhibit Declaration of Lauren Hoyns, # 11 Exhibit Declaration of Leather Ice, # 12 Exhibit Declaration of Lindsey Vann, # 13 Exhibit Declaration of Expert Louis Kraus, # 14 Exhibit Declaration of O'Bryan Martin, # 15 Exhibit Declaration of Pamela Leonard, # 16 Exhibit Declaration of Expert Peter Leone, # 17 Exhibit Declaration of Expert Phyllis Becker, # 18 Exhibit Declaration of Phyllis Ross, # 19 Exhibit Declaration of Quanesha Brown)No proposed order.Motions referred to Paige J Gossett.(Chaney, David) (Entered: 03/17/2023)

1 Memo in Support Memorandum of Law in Support of Plaintiffs' Motion for Prel

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2 Exhibit Declaration of Allen Chaney

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3 Exhibit Declaration of Allison Franz

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4 Exhibit Declaration of Arthur Hays

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5 Exhibit Declaration of Beth Franco

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6 Exhibit Declaration of Expert David Muhammad

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7 Exhibit Declaration of Hannah Freedman

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8 Exhibit Declaration of Jennifer Coyle

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9 Exhibit Declaration of Karen Hamrick

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10 Exhibit Declaration of Lauren Hoyns

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11 Exhibit Declaration of Leather Ice

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12 Exhibit Declaration of Lindsey Vann

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13 Exhibit Declaration of Expert Louis Kraus

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14 Exhibit Declaration of O'Bryan Martin

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15 Exhibit Declaration of Pamela Leonard

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16 Exhibit Declaration of Expert Peter Leone

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17 Exhibit Declaration of Expert Phyllis Becker

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18 Exhibit Declaration of Phyllis Ross

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19 Exhibit Declaration of Quanesha Brown

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Minute Entry. Proceedings held before Magistrate Judge Paige J Gossett: Telephonic Motion Hearing held on 3/23/2023 re 77 MOTION for Permission to Communicate Directly with Non-Managing Employees and Agents of Defendant DJJ filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Attorney John Schottenfeld presented argument for the plaintiffs; attorney Carlisle Traywick presented argument for the defendants. Plaintiffs' 77 motion is denied. (jpet, ) (Entered: 03/23/2023)

Joint MOTION for Confidentiality Order by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 4/6/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Consent Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 03/23/2023)

Motion Hearing AND Order on Motion for Miscellaneous Relief

Confidentiality Order Signed by Magistrate Judge Paige J. Gossett on 3/24/2023.(dist) (Entered: 03/24/2023)

RESPONSE in Opposition re 82 Amended MOTION for Preliminary Injunction Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice.Reply to Response to Motion due by 4/7/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A-Eden Hendrick Declaration and Exhibit, # 2 Exhibit B-Wendy Leach Declaration and Exhibit, # 3 Exhibit C-David Ross Declaration, # 4 Exhibit D-Mack McGhee Declaration, # 5 Exhibit E-Camelia Daley Declaration, # 6 Exhibit F-Floyd Lyles Declaration)(Traywick, Vordman) (Entered: 03/31/2023)

RESPONSE in Opposition re 81 Amended MOTION to Dismiss Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.Reply to Response to Motion due by 4/7/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 03/31/2023)

MOTION to Quash Defendants' EXPEDITED Motion to Quash and for a Protective Order by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 4/18/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Ex. A - Boles Subpoena & Service Email, # 2 Exhibit Ex. B - Plaintiffs' Expedited Requests for Production, # 3 Exhibit Ex. C - Boles Email)No proposed order.Motions referred to Paige J Gossett.(Traywick, Vordman) (Entered: 04/04/2023)

1 Exhibit Ex. A - Boles Subpoena & Service Email

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2 Exhibit Ex. B - Plaintiffs' Expedited Requests for Production

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3 Exhibit Ex. C - Boles Email

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MOTION to Appear Pro Hac Vice by Jacob D. Alderdice ( Filing fee $ 350 receipt number ASCDC-11031630) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 4/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application for Admission Pro Hac Vice - Jacob D. Alderdice, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Paige J Gossett.(Barker, Rita) (Entered: 04/05/2023)

NOTICE of Status Conference and Hearing on Motion 90 MOTION to Quash Defendants' EXPEDITED Motion to Quash and for a Protective Order: Telephone Conference set for 4/6/2023 01:00 PM before Magistrate Judge Paige J Gossett. All parties participating in the teleconference should be prepared to discuss matters related to scheduling and any other topics which may aid in the efficient progression of this case. Counsel are instructed to have their calendars available during the hearing to facilitate scheduling. Call-in instructions attached.(jpet, ) (Entered: 04/05/2023)

RESPONSE in Opposition re 90 MOTION to Quash Defendants' EXPEDITED Motion to Quash and for a Protective Order Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP.Reply to Response to Motion due by 4/12/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 04/05/2023)

REPLY to Response to Motion re 81 Amended MOTION to Dismiss Defendants' Reply in Support of Amended Motion to Dismiss Response filed by Eden Hendrick, South Carolina Department of Juvenile Justice. (Traywick, Vordman) (Entered: 04/06/2023)

Minute Entry. Proceedings held before Magistrate Judge Paige J Gossett: Telephonic Motion Hearing held on 4/6/2023 re 90 MOTION to Quash Defendants' EXPEDITED Motion to Quash and for a Protective Order filed by Eden Hendrick, South Carolina Department of Juvenile Justice. Attorney Allen Chaney presented argument for the plaintiffs; attorney Carlisle Traywick presented argument for the defendants. Defendants' 90 motion to quash is denied. Plaintiffs' request for additional time is denied. Motion hearing for legal argument on the pending motions, if needed, will be held on 5/3/2023. Court Reporter Courtsmart. (jpet, ) Modified to edit text on 4/7/2023 (jpet, ). (Entered: 04/07/2023)

REPLY to Response to Motion re 82 Amended MOTION for Preliminary Injunction Response filed by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. (Attachments: # 1 Affidavit Supplemental Declaration of Beth Franco, # 2 Affidavit Supplemental Declaration of Allison Franz, # 3 Affidavit Declaration of Daniel Boles, # 4 Affidavit Supplemental Declaration of Allen Chaney, # 5 Exhibit A -- Officer on leave because of safety concerns, # 6 Exhibit B -- Number of children in "boat beds", # 7 Exhibit C -- Security vacancies by facility, # 8 Exhibit D -- Insufficient staffing to allow children to shower, # 9 Exhibit E -- April 6, 2023 JDC Duty Roster, # 10 Exhibit F -- Isolation as punishment, # 11 Exhibit G -- Early curfew isolation, # 12 Exhibit H -- Prolonged isolation, # 13 Exhibit I -- JDC daily schedule, # 14 Exhibit J -- BRRC staffing study)(Chaney, David) (Entered: 04/07/2023)

1 Affidavit Supplemental Declaration of Beth Franco

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2 Affidavit Supplemental Declaration of Allison Franz

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3 Affidavit Declaration of Daniel Boles

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4 Affidavit Supplemental Declaration of Allen Chaney

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5 Exhibit A -- Officer on leave because of safety concerns

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6 Exhibit B -- Number of children in "boat beds"

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7 Exhibit C -- Security vacancies by facility

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8 Exhibit D -- Insufficient staffing to allow children to shower

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9 Exhibit E -- April 6, 2023 JDC Duty Roster

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10 Exhibit F -- Isolation as punishment

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11 Exhibit G -- Early curfew isolation

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12 Exhibit H -- Prolonged isolation

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13 Exhibit I -- JDC daily schedule

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14 Exhibit J -- BRRC staffing study

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Motion Hearing AND Order on Motion to Quash

DOCKET TEXT ORDER granting 91 Motion to Appear Pro Hac Vice. Entered at the direction of Magistrate Judge Paige J. Gossett on 4/28/2023. (kkus, ) (Entered: 04/28/2023)

REPORT AND RECOMMENDATION recommending that the defendants' amended motion to dismiss (ECF No. 81) be granted and the plaintiffs' amended motion for a preliminary injunction (ECF No. 82) be denied. Plaintiffs have not asserted that they should be given leave to amend if the court should find that the instant Complaint fails to state a claim for relief, nor have they represented to the court that they can plead other facts that would cure the deficiencies identified herein. Consequently, leave to amend should be denied and this action should be dismissed via final order. Objections to R&R due by 5/12/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Paige J. Gossett on 4/28/2023. (dist) (Main Document 99 replaced on 5/1/2023 with corrected document) (dist). (Main Document 99 replaced on 5/2/2023 with corrected document) (dist) (Entered: 04/28/2023)

Order on Motion to Appear Pro Hac Vice

MOTION for Extension of Time to File Objections to Magistrate Judge Gossett's Second Report and Recommendation (ECF No. 99) by Disability Rights South Carolina, Justice 360, South Carolina State Conference of NAACP. Response to Motion due by 5/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) (Entered: 05/09/2023)

TEXT ORDER granting 101 Motion for Extension of Time. Signed by Honorable Mary Geiger Lewis on 5/9/2023.(dist) (Entered: 05/10/2023)

Order on Motion for Extension of Time

OBJECTION to 99 Report and Recommendation by All Plaintiffs. Reply to Objections due by 6/9/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Entered: 05/26/2023)

MOTION for Extension of Time to File Response/Reply as to 104 Objection to Report and Recommendation by Eden Hendrick, South Carolina Department of Juvenile Justice. Response to Motion due by 6/16/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Traywick, Vordman) (Entered: 06/02/2023)

TEXT ORDER granting 106 Motion for Extension of Time to File Response/Reply to 104 Objection to 99 Report and Recommendation. Reply due 6/20/2023. Signed by Honorable Mary Geiger Lewis on 6/5/2023.(dist) (Entered: 06/05/2023)

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