Case: Austin v. Haley

Austin v. James

Austin v. James

Austin v. Hopper

Austin v. Hopper

MOTION by Michael A. Austin to Certify Class (dkt clerk) (Entered: 05/15/1995)

COMPLAINT. Filing Fee $120.00 Receipt #55676. DECLARATORY RELIEF. PERMANENT INJUNCTION. (dkt clerk) Modified on 05/15/1995 (Entered: 05/15/1995)

SUMMONS [signed, sealed and given to attorney for personal service (with copy of complaint)] for Fob James and Ronald E. Jones (dkt clerk) (Entered: 05/15/1995)

Staff Attorney− Hinson− effective 11−10−97 (djy) (Entered: 11/10/1997)

SUMMONS Returned Executed as to Fob James (Troy King), Ronald E. Jones (Andrew Redd) on 5/15/95. Answer due on 6/4/95 for Ronald E. Jones, for Fob James (djy) (Entered: 05/16/1995)

MOTION by Fob James, Ronald E. Jones to Dismiss for forum non conveniens or, in the alternative to Transfer Case to the Northern District of Alabama referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 06/20/1995 (Entered: 05/16/1995)

BRIEF by Fob James, Ronald E. Jones in support of [4−1] motion to Dismiss, or in the alternative [4−2] motion to Transfer Case to the Northern District of Alabama. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/16/1995)

ORDER setting Answer deadline to 6/6/95 for Ronald E. Jones, for Fob James ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and defendants. (djy) (Entered: 05/17/1995)

File referred back to law clerk. (djy) (Entered: 05/17/1995)

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Certify Class referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/18/1995)

EMERGENCY MOTION (Exhibit A attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess for reasonable access to class members and witnesses referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/19/1995)

ORDER directing the plaintiffs to file a Response to defendants' [4−1] motion to dismiss, or in the alternative [4−2] motion to Transfer Case to the Northern District of Alabama , along with their brief in support thereof on or before 5−31−95 (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

ORDER directing plaintiffs to file brief and evidentiary materials in support of motion for class certification due by 7/7/95 for Charles Orlander Guess, for Ogie Lee Hayes, for Richard Elliot, for Michael A. Austin ; directing defendants Ronald E. Jones &Fob James to file their responsive brief and evidentiary materials on or before 7/21/95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

ORDER granting plaintiff's [9−1] emergency motion for reasonable access to class members and witnesses filed 5−19−95; directing defendants', upon 48 hours' notice, to permit plaintiffs' counsel to meet with the named plaintiffs and up to five witnesses between the hours of 2:00 p.m. and 5:00 p.m.; directing that the meetings shall occur in the same locations and under the same conditions as the Dept. of Corrections permits for other attorneys and their clients in correctional institutions; directing that the plaintiffs shall schedule the meetings or interviews with witnesses individually and shall notify the defendants of the schedule at the same time as notice of the meetings is given, said notices shall be in writing and shall be mailed or forwarded via facsimile to the defendants' counsel ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 05/24/1995)

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Consolidate Case w/Civil Action 95−T−424−N referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/25/1995)

MOTION by Fob James, Ronald E. Jones for permission to Depose incarcerated persons referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 05/31/1995)

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to [4−1] motion to Dismiss, or in the alternative, [4−2] motion to Transfer Case to the Northern District of Alabama by Ronald E. Jones, Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/01/1995)

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Withdraw [13−1] motion to Consolidate Case w/Civil Action 95−T−424−N referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

MOTION by Fob James to Change Venue to the Northern District of Alabama referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

ANSWER to Complaint by Fob James (Attorney Robin Garrett Laurie, William P. Gray Jr.), referred to Mag Judge Vanzetta P. McPherson (cc) (Entered: 06/06/1995)

ORDER denying [4−2] motion to Transfer ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 06/06/1995)

ORDER granting [14−1] motion for permission to Depose incarcerated persons; directing the defendants that on or before 6/15/95 to notice the deposition of those incarcerated persons whom they wish to depose; advising that the notice should specifically state the date, time, and place for taking the deposition as well as the name and address of each person to be deposed ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 06/06/1995)

ANSWER to Complaint, as amended, by Ronald E. Jones (Attorney Andrew Redd). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/08/1995)

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to [17−1] motion to Change Venue to the Northern District of Alabama by Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 06/09/1995)

ORDER granting [16−1] motion to Withdraw [13−1] motion to Consolidate Case w/Civil Action 95−T−424−N; denying as moot [13−1] motion to Consolidate Case ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/12/1995)

ORDER denying [18−1] motion to Strike paragraphs 15 &16 of [1−1] complaint filed by defendant James on 6−6−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/12/1995)

SCHEDULING ORDER setting Motion Filing deadline on 11/12/95; Discovery cutoff 12/12/95; directing the parties to file any objections to the deadlines within 14 days otherwise they will be binding on the parties ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/13/1995)

File referred back to law clerk. (djy) (Entered: 06/12/1995)

File referred to law clerk. (djy) (Entered: 06/13/1995)

ORDER denying [17−1] motion to Change Venue to the Northern District of Alabama filed by defendant James' on 6−6−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 06/20/1995)

REPORT AND RECOMMENDATIONS of Mag Judge Vanzetta P. McPherson that the defendants' motion to dismiss for forum non conveniens be denied; that this case be referred back to the undersigned for further proceedings. Objections to R and R due by 7/8/95. Copies mailed to counsel. (djy) (Entered: 06/20/1995)

MEMORANDUM/BRIEF (Exhibits 1 thru 7 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess in support of [8−1] motion to Certify Class. Referred to Mag Judge Vanzetta P. McPherson. (djy) (Entered: 07/10/1995)

File w/recommendation referred to Magistrate Judge McPherson. (djy) (Entered: 07/07/1995)

File w/proposed order referred to Judge Thompson. (djy) (Entered: 07/07/1995)

ORDER adopting [27−1] report and recommendation of the Magistrate Judge filed 6−20−95; ORDER, JUDGMENT and DECREE of the court that the defendants' [4−1] motion to Dismiss for forum non conveniens is DENIED; that this case is referred back to the Magistrate judge for further proceedings ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 07/10/1995)

File referred to law clerk. (djy) (Entered: 07/10/1995)

NOTICE of filing the original affidavit of Charles Guess (attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 07/13/1995)

MOTION by Michael A. Austin for Roy S. Haber to Appear Pro Hac Vice referred to Judge Myron H. Thompson (war) (Entered: 07/21/1995)

ORDER granting [31−1] motion for Roy S. Haber to Appear Pro Hac Vice ( signed by Judge Myron H. Thompson ). Copies mailed to counsel. (djy) (Entered: 07/21/1995)

File referred to Magistrate Judge McPherson. (djy) (Entered: 07/21/1995)

REPLY by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to defendants' response to [8−1] motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 07/27/1995)

EMERGENCY MOTION (Exhibits 1 thru 4 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to prohibit interference with class members' right of access to the courts referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 09/06/1995)

ORDER directing that: (1) within 5 days of this order, the defendants shall permit all of the plaintiffs to amend their telephone lists to include plaintiffs' counsel, I.E., the lawyers representing the plaintiffs herein; (2) on or before 9−22−95, counsel for the parties shall confer and attempt to agree upon a resolution of the plaintiff's motion; counsel shall file a joint notice with the court on or before 9−25−95, stating whether they have reached an agreement, and if so, the terms of their agreement, if the parties are unable to agree upon a resolution by 9−25−95, this matter will be set for hearing and determination (signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 09/18/1995)

Tele−conference held before Mag Judge Vanzetta P. McPherson (djy) (Entered: 09/18/1995)

AMENDED COMPLAINT by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess amending [1−1] complaint, [7−1] amended complaint by Michael A. Austin (djy) (Entered: 01/07/1998)

ORDER directing that on or before 10−4−95, the plaintiffs shall file a supplemental motion with the Clerk of the court indicating whether the named plaintiffs − Michael Austin, Richard Elliott, Ogie Hayes and Charles Guess − have been "handcuffed to a 'hitching post' as punishment" for refusing to work during their assignment to the chain gang; directing the plaintiffs to indicate the date(s) and location(s) of the incident(s) involving the named plaintiffs; directing the defendants file their response to [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin, on or before 10−11−95 ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 09/25/1995)

JOINT NOTICE (proposed order attached) of by Michael A. Austin, Fob James, Ronald E. Jones, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess of agreement resolving plaintiffs' motion filed per order of 9−18−95. (djy) Modified on 09/26/1995 (Entered: 09/26/1995)

ORDER advising that by agreement of the plaintiffs and the DOC defendants, it is ordered, adjudged and decreed as follows: The warden and/or deputy warden of the Limestone Corr. Fac. will issue a directive to all correctional officers involved with the chain gang program informing them of the following: 1. that legal mail and papers, including letters and statements intended for the Southern Poverty Law Center, cannot be confiscated; 2. that class members cannot be disciplined for what they say or write to their class counsel; 3. that class members cannot be subject to retaliation for participating in this case; and 4. that class members may not be intimidated or threatened with disciplinary action for cooperating with class counsel or for speaking with other inmates who are cooperating with class counsel; and that the warden and/or deputy warden will issue a notice to chain gang inmates at Limestone apprising them of the above−referenced directive and said notice will be posted on the dormitory bulletin board for the duration of this litigation ( signed by Mag Judge Vanzetta P. McPherson ) , copies mailed to counsel. (cc) (Entered: 09/28/1995)

File returned to Magistrate Judge McPherson per her request (cc) (Entered: 09/28/1995)

MEMORANDUM by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess in support of [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/04/1995)

ANSWER to Complaint by Fob James (Attorney Robin Laurie). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/06/1995)

RESPONSE by Fob James, Ronald E. Jones to [37−1] motion for leave to Amend [7−1] amended complaint by Michael A. Austin by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/12/1995)

REPLY (Exhibits A &B attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to defendants' response to [37−1] motion for leave to Amend [7−1] amended complaint by plaintiffs. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 10/18/1995)

RESPONSE by Fob James, Ronald E. Jones in opposition to [44−1] reply to response to motion by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 10/25/1995 (Entered: 10/25/1995)

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Extend Time in which to complete discovery referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/01/1995)

Stamped ORDER granting [46−1] motion to Extend Time in which to complete discovery; resetting Discovery deadline to 3/15/96 ( by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 11/06/1995)

MOTION by Fob James, Ronald E. Jones for Summary Judgment referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

MEMORANDUM by Fob James, Ronald E. Jones in support of [47−1] motion for Summary Judgment by Ronald E. Jones, Fob James. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

NOTICE of filing evidence in support of motion for summary judgment by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 11/14/1995)

MOTION by Fob James, Ronald E. Jones for Leave to File executed affidavit out of time referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/14/1995)

NOTICE of filing executed affidavit of David Wise by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 11/15/1995)

MOTION (proposed order) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to establish a briefing schedule for summary judgment motion referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/15/1995)

JOINT RESPONSE by Fob James, Ronald E. Jones in opposition to [52−1] motion to establish a briefing schedule for summary judgment motion by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin and request to set a reasonable briefing schedule on defendants' Rule 56 motion. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 11/22/1995)

ORDER setting Status Conference 3:00 p.m. on 12/1/95 before Mag Judge Vanzetta P. McPherson , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counse; furnished to Marie &Sheila. (djy) (Entered: 11/22/1995)

Status Conference held before Mag Judge Vanzetta P. McPherson. (djy) (Entered: 12/05/1995)

AMENDED SCHEDULING ORDER (1) setting a Pretrial Hearing for 10:00 a.m. on 6/17/96 before Mag Judge Vanzetta P. McPherson , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama; directing that at least on trial counsel for each party shall attend this conference; directing the parties file a jointly prepared Proposed Pretrial Order not less than 5 days prior to the pretrial conference ; (2) setting case for a non−jury Evidentiary Hearing at 9:00 a.m. on 7/8/96 before Mag Judge Vanzetta P. McPherson , at the Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse , as further set out in order; (3) setting Expert Witness List deadline to 3−1−96, as further set out in order ; (4) directing all Discovery be completed on or before 4/19/96, as further set out; (5) any dispositive Motions are to filed on or before 5/17/96, as further set out; (6) directing all parties exchange names and addresses of all witnesses and exchange evidence, as further set out, on or before 6−10−96; (7) directing parties to identify parts of any deposition or other documents to be used, as further set out, on or before 6−10−96; (8) directing that on or before 6−24−96, counsel for the parties shall file a joint, concise statement of stipulated facts, as further set out; (9) directing counsel for the parties to file a jointly signed letter with the court, as further set out, on or before 6−24−96; (10) directing the parties file their motions in limine, if any, on or before 6−28−96, as further set out ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie &Sheila. (djy) Modified on 12/05/1995 (Entered: 12/05/1995)

ORDER (rendered 12−6−95) (1) directing the plaintiffs file any amendments to their complaint, including the addition of any named plaintiffs, no amendments shall be permitted after that date; setting Amended Pleadings deadline to 2/23/96 ; setting Answer deadline to 3/15/96 for Ronald E. Jones, for Fob James ; (2) setting motion hearing for 10:00 a.m. on 4/5/96 before Mag Judge Vanzetta P. McPherson on plaintiffs' [8−1] motion for class certification , at the Frank M. Johnson, Jr. Federal Bldg. &U.S. courthouse, 15 Lee Street, Montgomery, Alabama; setting Witness List deadline for the class certification hearing to 3−8−96 ; (3) directing that on or before 3−22−96, the parties shall file with the Clerk of the court a joint notice advising the court of (a) their areas of agreement, and (b) the issues which remain in dispute for class certification purposes, as further set out; (4) allowing defendants' counsel to conduct informal interviews of inmates who are within the custody of the DOC as well as former inmates whose sentences have ended since the filing of the complaint in this case, provided however, that counsel for the plaintiffs shall be present at all such interviews ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie &Sheila. (djy) Modified on 12/07/1995 (Entered: 12/07/1995)

ORDER directing that the defendants submit Capt. David Wise of Limestone Correctional Facility for a telephone deposition on 1−31−96 at 2:00 p.m.; directing counsel for the defendants to provide the plaintiffs' counsel with a telephone number for the deposition, and plaintiff's counsel is directed to arrange for the telephone deposition; further ORDERING that should plaintiffs' counsel file any subsequent motions or requests for relief based in whole or in part upon Capt. Wise's deposition testimony, counsel shall attach a copy of the deposition transcript as an exhibit to the request ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 01/24/1996)

Tele−conference held before Mag Judge Vanzetta P. McPherson (djy) (Entered: 01/24/1996)

SECOND EMERGENCY MOTION (Exhibits A &B &proposed order attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to prohibit interference with class members' right of access to the courts referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 02/12/1996)

AMENDED COMPLAINT by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess adding plaintiffs Warren Leatherwood, Kervin Goodwin amending [7−1] amended complaint and [1−1] complaint (djy) (Entered: 06/26/1996)

RESPONSE by Ronald E. Jones to second request for production of documents. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

MOTION by Ronald E. Jones for permission to Take Deposition of inmates referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

Second REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

Third REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

Plaintiffs' request to permit inspection of the chain gang programs at Staton &Easterling. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

ANSWER to Interrogatories filed by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

SUPPLEMENTAL ANSWER to Interrogatories filed by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/08/1996)

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Governor James' second discovery request. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

RESPONSE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Governor James' second discovery request. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

AMENDED NOTICE by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to take deposition of Paul Whaley &Ron Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

Witness list by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess for class certification hearing. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

Witness list by Fob James for class certification hearing. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/08/1996)

Witness list for class certification hearing by Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/11/1996)

AMENDED MOTION (Exhibits 1 thru 8 attached) by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to Certify Class amending [8−1] motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) Modified on 03/12/1996 (Entered: 03/12/1996)

FOURTH REQUEST for Production of Documents by Michael A. Austin, ichard Elliot, Ogie Lee Hayes, Charles Orlander Guess. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/13/1996)

Expert Witness list by Fob James, Ronald E. Jones. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/15/1996)

ANSWER by Fob James (Attorney Robin Laurie) to amended complaint. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/15/1996)

MOTION by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess to permit inspection referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/18/1996)

Areas of agreement and disagreement between plaintiffs and defendants regarding class certification filed in response to 12−7−95 order. Referred to Magistrate Judge McPherson. (djy) (Entered: 03/25/1996)

ANSWER to Revised Second Amended Complaint by Ronald E. Jones (Attorney Andrew Redd). Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 03/25/1996)

NOTICE of Attorney Appearance for Ronald E. Jones by Kim T. Thomas (djy) (Entered: 03/27/1996)

REQUEST for Production of Documents by Michael A. Austin, Richard Elliot, Ogie Lee Hayes, Charles Orlander Guess referred to Magistrate Judge McPherson. (cc) (Entered: 03/28/1996)

ORDER directing the State of Alabama produce at the hearing on 4−5−96 at 10:00 a.m., the following inmates: 1. Michael Austin, 2. Richard Elliott, 3. Ogie Hayes, 4. Warren Leatherwood, 5. Kervin Goodwin; directing the clerk to forward copies of this order to counsel for the parties via facsimile ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and Cecil Atchison; furnished to USM; faxed to counsel @ 262−2419, as directed. (djy) (Entered: 04/04/1996)

RESPONSE by Fob James, Ronald E. Jones in opposition to [74−1] amended motion to Certify Class by Charles Orlander Guess, Ogie Lee Hayes, Richard Elliot, Michael A. Austin. Referred to Mag Judge Vanzetta P. McPherson (djy) (Entered: 04/05/1996)

ORDER resetting class certification hearing for 10:00 a.m. on 5/14/96 before Mag Judge Vanzetta P. McPherson on [8−1] and [74−1] motion and amended motion to Certify Class , in Room 330, Frank M. Johnson, Jr. Federal Bldg. &U.S. Courthouse, 15 Lee Street, Montgomery, Alabama, as further set out in order; ORDERING that, if the parties intend to file depositions, they shall specifically identify the portions of the depositions which are probative of their positions, as further set out in order ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel; furnished to Marie, Sheila &USM. (djy) Modified on 05/14/1996 (Entered: 04/05/1996)

ORDER directing the State of Alabama product at the hearing on 5−14−96 at 10:00 a.m. the following inmates: 1. Michael A. Austin, 2. Richard Elliott, 3. Ogie Hayes, 4. Warren Leatherwood, 5. Kervin Goodwin; advising that if plaintiffs desire to call any other inmates at the class certification hearing, they should file a motion for production of the inmates which shall include the inmates' names, their AIS nubmers and the names of the facilities where they are housed ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel and Cecil Atchison; furnished to USM. (djy) (Entered: 04/05/1996)

ORDER denying as moot plaintiffs' 2−12−96 [58−1] second emergency motion to prohibit interference with class members' right of access to the courts ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 04/05/1996)

SECOND AMENDED SCHEDULING ORDER further amending the Scheduling Order entered on 6−12−95 and amended on 12−5−95 to set the deadline for discovery on 5/17/96 for purposes of conducting depositions and serving responses to outstanding discovery requests; also directing, for purposes of this order, the parties shall not propound requests for production or interrogatories after 4−17−96 (signed by Mag Judge Vanzetta P. McPherson). Copies mailed to counsel. (djy) Modified on 06/11/1996 (Entered: 04/05/1996)

ORDER directing that the parties shall continue to file their requests for production with the Clerk of the court and to file their discovery responses ( signed by Mag Judge Vanzetta P. McPherson ). Copies mailed to counsel. (djy) (Entered: 04/05/1996)