Case: Laube v. Haley

Laube v. Campbell

Laube v. Campbell

Laube v. Campbell

Laube v. Campbell

Laube v. Campbell

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Evidentiary Hearing referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

SUMMONS issued for Francis Henderson and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

SUMMONS issued for NaphCare, Inc. and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

SUMMONS issued for Mary Carter and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

SUMMONS issued for Patricia Hood and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

SUMMONS issued for Gladys Deese and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

SUMMONS issued for Michael Haley and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Stephen B. Bright to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) Modified on 08/20/2002 (Entered: 08/20/2002)

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Lisa Kung to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

MOTION (certificate of good standing attached) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Tamara Serwer to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for Preliminary Injunction referred to Judge Myron H. Thompson (djy) (Entered: 08/20/2002)

MEMORANDUM (w/attachments 1 thru 10) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [5-1] motion for Preliminary Injunction by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 08/20/2002)

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for class certification referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

MEMORANDUM by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [7-1] motion for class certification by plaintiffs. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 08/20/2002)

SUMMONS issued for Don Siegelman and returned to counsel for personal service on defendant. (djy) (Entered: 08/20/2002)

ORDER granting [2-1] motion for Stephen B. Bright to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565, granting [3-1] motion for Lisa Kung to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565, granting [4-1] motion for Tamara Serwer to Appear Pro Hac Vice FILING FEE $ 20.00 RECEIPT # 93565 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 08/21/2002)

Courtroom Deputy's MINUTES of proceedings: Telephone Conference held 8/21/02 before Judge Myron H. Thompson, Mitchell Reisner, Ct. Rptr. (ydw) (Entered: 08/21/2002)

MOTION containing request for oral argument by NaphCare, Inc. to Stay, or in the alternative, to Dismiss ; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 08/27/2002)

ORDER setting Motion for Preliminary Injunction for an Evidentiary Hearing for 10:00 9/23/02 before Judge Myron H. Thompson, in Courtroom 2E, setting Brief deadline 9/18/02 ; Counsel for the pltfs. are allowed to conduct limited expedited discovery to determine facts related to their request for a preliminary injunction; If the parties still want the court to visit the facilities, they should submit a joint proposal by 9/6/02; ( signed by Judge Myron H. Thompson ), copies provided to pltf. and counsel, C. Atchison; furnished to SC, YG, MD and US Marshal. (ydw) (Entered: 08/27/2002)

ORDER setting [18-1] motion to Stay by NaphCare, Inc., and [18-2] motion to Dismiss by NaphCare, Inc. for submission on 9/13/02; directing defendant to file its brief and evidentiary materials; setting Brief deadline to 9/5/02 for defendant ; directing plaintiffs to file their brief and evidentiary materials; setting Brief deadline to 9/13/02 for plaintiffs ( signed by Judge Myron H. Thompson ), copies provided to counsel. (mfm) (Entered: 08/30/2002)

NOTICE of Attorney Appearance for Francis Henderson by Giles G. Perkins, Michael M. Shipper (djy) (Entered: 09/06/2002)

LEGAL MEMORANDUM (Exhibits A thru C attached) by NaphCare, Inc., Francis Henderson in support of [18-1] motion to Stay, transfer or [18-2] motion to Dismiss by NaphCare, Inc. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/06/2002)

NOTICE OF FILING EVIDENTIARY MATERIALS (Exhibit A attached) by NaphCare, Inc., Francis Henderson in support of [18-2] motion to Dismiss, [18-1] motion to Stay referred to Mag. Judge Charles S. Coody . (djy) (Entered: 09/06/2002)

MOTION by NaphCare, Inc., Francis Henderson for Leave to File reply brief in support of their motion to stay or dismiss referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/06/2002)

NOTICE of Attorney Appearance for Francis Henderson by Hugh C. Nickson III (djy) (Entered: 09/09/2002)

MOTION by NaphCare, Inc., Francis Henderson to permit filing of reply brief in support of their motion to stay or dismiss referred to Mag. Judge Charles Coody (djy) Modified on 09/09/2002 (Entered: 09/09/2002)

MOTION by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to Dismiss referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/09/2002)

MEMORANDUM (Exhibits A thru D attached) by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter in support of [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley referred to Mag. Judge Charles S. Coody (djy) (Entered: 09/09/2002)

Parties Joint Proposal/RESPONSE by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [19-3] order entered 8/27/02. Referred to Judge Myron H. Thompson (djy) (Entered: 09/09/2002)

ORDER that plaintiffs shall be permitted to take depositions as further set out; to the extent that plaintiffs discovery requests about classification issues are denied; further ordering that plaintiffs shall ensure that defendants are in receipt of the plaintiffs' experts' preliminary reports no later than 9/16/02; (signed by Mag. Judge Charles S. Coody), copies provided to counsel, plaintiff. (ajr) (Entered: 09/09/2002)

MOTION by Don Siegelman to Dismiss referred to Mag. Judge Charles S. Coody (ajr) (Entered: 09/10/2002)

MOTION by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter for More Definite Statement referred to Mag. Judge Charles S. Coody (ajr) (Entered: 09/10/2002)

ORDER directing that the [32-1] motion for More Definite Statement is referred to Mag. Judge Charles S. Coody for appropriate action ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/11/2002)

ORDER granting [24-1] and [26-1] motion to permit filing of reply brief in support of their motions to stay or dismiss ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/11/2002)

ORDER directing that the [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley and [31-1] motion to Dismiss by Don Siegelman be set for submission on 9/16/02, without oral argument, with all briefs and evidentiary materials due by said date ( signed by Judge Myron H. Thompson ). Copies provided to counsel (djy) (Entered: 09/11/2002)

ORDER upon consideration of the dfts' motion for more definite statement; resetting Oral Argument for 8:30 9/18/02 before Mag. Judge Charles S. Coody, in Courtroom 4B ; ( signed by Mag. Judge Charles S. Coody ), copies provided; furnished to CA, YG, MD. (ydw) (Entered: 09/12/2002)

Courtroom Deputy's MINUTES of proceedings: Telephone Conference held 9/12/02, before Judge Myron H. Thompson, Mitchell Reisner, Ct Rptr. (ydw) (Entered: 09/12/2002)

Defendants' Requested Designated Areas of Inspection; referred to Judge Thompson (ydw) Modified on 09/16/2002 (Entered: 09/16/2002)

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [18-1] motion to Stay by NaphCare, Inc., [18-2] motion to Dismiss by NaphCare, Inc.; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 09/17/2002)

FIRST AMENDED COMPLAINT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington amending [1-1] complaint; Class Action (djy) (Entered: 09/18/2002)

ORDER [31-1] motion to Dismiss by Don Siegelman reset for submission on 9/18/02, [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley reset for submission on 9/18/02 resetting Brief deadline to 9/18/02; (signed by Judge Myron H. Thompson), copies provided to counsel, SC. (ajr) (Entered: 09/16/2002)

Pltfs' Proposal for the Courts' Inspection of Prison Facilities; referred to Judge Thompson. (ydw) (Entered: 09/16/2002)

NOTICE of Attorney Appearance for Michael Haley, Gladys Deese, Patricia Hood, Mary Carter by Ellen Leonard. (ydw) (Entered: 09/16/2002)

Courtroom Deputy's MINUTES of proceedings re: oral argument held 9/18/02 before Mag Judge Coody. (djy) (Entered: 09/18/2002)

ORDER denying as moot [32-1] motion for More Definite Statement; further ORDERING that the Clerk is directed, on or before 9/23/02, to prepare a transcript of the oral argument proceeding held on 9/18/02 ( signed by Mag. Judge Charles S. Coody ), copies provided to counsel; furnished to court report-Dickens & YG. (djy) (Entered: 09/18/2002)

ORDER, in light of the amended complaint filed 9/13/02 and by agreement of counsel for all parties; it is ORDERED that defs NaphCare, Inc. and Francis Henderson are dismissed without prejudice; further ORDERING that the [18-1] motion to Stay, and alternative [18-2] motion to Dismiss, filed 8/26/02, are denied as moot ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 09/18/2002)

BRIEF by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter in opposition to [5-1] motion for Preliminary Injunction. Referred to Judge Myron Thompson. (sl) Modified on 09/19/2002 (Entered: 09/19/2002)

BRIEF by Linda Laube, et al. in support of [5-1] motion for Preliminary Injunction (w/attachments 1 & 2) referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

RESPONSE by Linda Laube, et al. to [27-1] motion to Dismiss by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley (Exhibits 1 thru 3 attached) Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

APPLICATION/MOTION by Linda Laube, et al. for Writ of habeas corpus ad testificandum referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

AMENDED APPLICATION/MOTION (proposed writ attached) by Linda Laube, et al. for Writ of habeas corpus ad testificandum amending: [50-1] motion for Writ of habeas corpus ad testificandum by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

OBJECTIONS by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [50-1] motion for Writ of habeas corpus ad testificandum by plaintiffs. Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

MOTION by Linda Laube, et al. to Amend [50-1] application for Writ of habeas corpus ad testificandum by plaintiffs (proposed second amended application attached) referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2002)

Applications for writ of habeas corpus ad testificandum treated as REQUESTS for Production of prisoners by Linda Laube, et al. per order of 9-20-02 (djy) (Entered: 09/20/2002)

ORDER directing as follows: (1) granting [53-1] motion to Amend [50-1] application for Writ of habeas corpus ad testificandum by plaintiffs; (2) that the applications for writ of habeas corpus ad testificandum be and are hereby treated as requests for the production of prisoners; (3) that with respect to the [54-1] requests for the production of prisoners relating to HIV positive inmates, the request is DENIED, as further set out in order; (4) that with respect to the remaining aspects of the [54-1] requests for the production of prisoners, the requests as last amended are GRANTED< and the ADOC shall produce the prisoners on 9/23/02 at the US Courthouse, One Church Street, Montgomery, Al ( signed by Mag. Judge Charles S. Coody ), copies provided to counsel and transfer agent for the ADOC by fax; furnished to USM. (djy) (Entered: 09/20/2002)

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [52-1] objection by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 09/23/2002)

Courtroom Deputy's MINUTES of proceedings re: preliminary injunction hearing held 9/23/02 thru 9/26/02 before Judge Thompson; Defs' ORAL MOTION to seal plaintiff's Exh 1; ORAL ORDER granting motion to seal; defs' ORAL REQUEST to seal any exhibit that depicts a diagram of a correctional facility, including all photographs; COURT directs that proposed protective order be submitted-RULING RESERVED; DOC defs' ORAL MOTION for judgment as a matter of law; def Siegelman's ORAL MOTION for judgment as a matter of law - RULINGS RESERVED; Defs' RENEWED ORAL MOTION for judgment as a matter of law; ORAL ORDER denying motions for judgment as a matter of law; Witness List; Plaintiffs' exhibit list; Defendants' exhibit list (Exhibits in (3) expansion folders with case file; (1) expansion folder SEALED exhibits in lock cabinet) (djy) (Entered: 09/30/2002)

ORDER that parties have until 10/4/02 to submit supplemental evidence in the form of video depositions; that plaintiffs are to submit a supplemental brief on the issue of "intent" by 9/30/02; defendants are to do the same by 10/2/02; setting Brief deadline to 9/30/02,; that plaintiff's motion for preliminary injunction is set for oral argument on 10/10/02 at 9:00; setting Oral Argument for 9:00 10/10/02 before Judge Myron H. Thompson in Courtroom 2E [5-1] motion for Preliminary Injunction by plaintiffs set for submission on 9:00 10/10/02 after oral argument; (signed by Judge Myron H. Thompson), copies provided to counsel, SC, MD, YG. (ajr) (Entered: 09/27/2002)

POST-HEARING BRIEF CONSERNING EIGHTH AMENDMENT INTENT REQUIREMENT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Washington; referred to Judge Thompson. (ydw) (Entered: 10/01/2002)

POST-HEARING BRIEF concerning eighth amendment intent requirment by Don Siegelman; referred to Thompson. (ydw) (Entered: 10/04/2002)

SUPPLEMENTAL BRIEF by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter Addressing Subjective Intent Under the Eighth Amendment; referred to Judge Myron H. Thompson (ydw) (Entered: 10/04/2002)

MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington for admission of supplemental exhibit (w/Attachment); referred to Judge Myron H. Thompson (ydw) (Entered: 10/04/2002)

SUPPLEMENTAL Exhibit list by Michael Haley, Gladys Deese, Patricia Hood (w/Attachments); referred to Judge Thompson. (ydw) (Entered: 10/07/2002)

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [61-1] supplemental brief addressing subjective intent under the eight amendment by Mary Carter, Patricia Hood, Gladys Deese, Michael Haley; referred to Judge Myron H. Thompson (ydw) (Entered: 10/10/2002)

Courtroom Deputy's MINUTES of proceedings: ORAL ARGUMENT (PLTFS' MOTION FOR PRELIMINARY INJUNCTION); held 10/10/02 before Judge Myron H. Thompson, Mitchell Reisner, CT Rptr.; Court Convened; Defts' ORAL MOTION TO RENUMBER D43 (filed by dfts' as a supplemental exhibits on 10/4/02 as D46 because of duplication of numbers; ORAL ORDER GRANTING oral motion to renumber; Hearing adjourned (w/Pltfs Exhibits, Dfts Exhibits attached and EXHIBITS LOCATED IN EXPANSION FOLDER WITH CASE FILE) (ydw) (Entered: 10/10/2002)

MOTION by Michael Haley, Gladys Deese, Patricia Hood to Place Photographs Under Seal ; referred to Judge Myron H. Thompson (ydw) (Entered: 10/11/2002)

MOTION by Michael Haley, Gladys Deese, Patricia Hood for Protective Order ; referred to Judge Myron H. Thompson (ydw) (Entered: 10/11/2002)

ORDER that the motion to place photographs under seal and motion for protective order, are referred to United States Mag. Judge Charles S. Coody for appropriate consideration and action; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 10/17/2002)

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [66-1] motion to Place Photographs Under Seal by Patricia Hood, Gladys Deese, Michael Haley; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 10/22/2002)

ORDER motion hearing set for 9:00 10/31/02 before Mag. Judge Charles S. Coody, in Courtroom 4B, for [66-1] motion to Place Photographs Under Seal, motion hearing set for 9:00 before Mag. Judge Charles S. Coody for [67-1] motion for Protective Order ; that pending the hearing and argument, the pltfs. shall not release or make public any photograph taken of any prison facility; that if any party desires to present evidence on 10/31/02, the party shall notify the court and opposing parties on 10/29/02, of the name and addresses of any witnesses and shall provide the opposing parties with the opportunity to review and make copies of any documents; ( signed by Mag. Judge Charles S. Coody, copies provided. (ydw) (Entered: 10/24/2002)

RESPONSE by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington to [67-1] motion for Protective Order by Patricia Hood, Gladys Deese, Michael Haley. Referred to Mag. Judge Charles S. Coody (djy) (Entered: 10/31/2002)

NOTIFICATION of evidence to be presented at 10-31-02 hearing by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington. Referred to Mag Judge Coody. (djy) (Entered: 10/31/2002)

Courtroom Deputy's MINUTES of proceedings re: motion hearing held 10-31-02 before Mag Judge Coody; defs' exhibit list (exhibits maintained in envelope attached to minutes) (Tape 3718S @ 1 thru 2374) (djy) (Entered: 10/31/2002)

ORDER granting [62-1] motion for admission of supplemental exhibit ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable; Planning Meeting report due on 12/30/02 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

OPINION ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC (ydw) (Entered: 12/02/2002)

ORDER AND PRELIMINARY INJUNCTION (1) granting [5-1] motion for Preliminary Injunction, as to the unconstitutionally unsafe conditions at Julia Tutwiler Prison for Women, as described in the companion memorandum opinion entered today, and the motion is denied as to Edwina Mitchell Work Releae Center and Birmingham Work Release Center, and as to Julia Tutwiler Prison for Women in all other respects; (2.) It is PRELIMINARILY DECLARED that the unconstitutionally unsafe conditions, resulting from overcrowded and understaffed open dorms, at Julia Tutwiler Prison for Women violate the Eighth Amendment to the United States Constitution; (3) Dfts. Don siegelman, Michael Haley, and Gladys Dees are PRELIMINARILY ENJOINED and RESTRAINED from failing to take immediate affirmative steps to redress the unconstitutionall unsafe conditions at Jurlia Tutwiler Prison for Women, (4) The dfts. are to submit to the court, by 12.30/02, a plan that redresses immediately and fully the unconstitutional conditions at Julia Tutwiler Prison for Women; the clerk of the court is DIRECTED to issue a writ of injunction; ( signed by Judge Myron H. Thompson ), copies provided; PLRA Notice Mailed to pltf.; furnished to SC. (ydw) Modified on 12/02/2002 (Entered: 12/02/2002)

ORDER denying [27-1] motion to Dismiss, denying [31-1] motion to Dismiss ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/02/2002)

ORDER [7-1] motion for class certification by plaintiffs set for submission on 1/17/03 setting Discovery deadline to 12/30/02, parties are to jointly develop and submit to the court a record of evidence; setting Brief deadline to 1/10/03 for plaintiff, setting Brief deadline to 1/17/03 for defendants (signed by Judge Myron H. Thompson), copies provided to counsel, SC. (ajr) (Entered: 12/02/2002)

WRIT of of Injunction issued per Order and Preliminary Injunction (doc. #77) entered 12/2/02; copies mailed to counsel; copies mailed CMRRR to Don Siegelman, Michael Haley, and Gladys Deese. (ydw) (Entered: 12/03/2002)

RETURN RECEIPT CARD showing service of writ of injunction on P. LaHatte on 12/3/02 for Don Siegelman, on Kay P. Hope for Michael Haley . Answer due on 1/13/03 for Don Siegelman, for Michael Haley (ydw) (Entered: 12/05/2002)

MEMORANDUM by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington in support of [82-1] motion to Amend [1-1] complaint by plaintiffs; referred to Mag. Judge Charles S. Coody (ydw) (Entered: 12/19/2002)

ORDER [82-1] motion to Amend [1-1] complaint by plaintiffs set for submission on 1/3/03 setting Brief deadline to 1/3/03 ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 12/20/2002)

REPORT of Parties' Planning Meeting. Referred to Judge Thompson (djy) (Entered: 12/30/2002)

Defendants' proposed plan in RESPONSE by Michael Haley, Gladys Deese, Patricia Hood, Mary Carter to [77-1] order (Exhibits 1 thru 12 attached) Referred to Judge Myron H. Thompson (djy) (Entered: 12/30/2002)

ORDER base on the proposed plan filed by the dfts. on 12/30/02 it is ORDERED as follow: 1. the pltfs. are to file a response by 1/15/03; the dfts' proposed plan and the pltfs' response setting Oral Argument for 8:15 1/21/03 in Courtroom 2B before Judge Myron H. Thompson ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC, YG, HC. (ydw) (Entered: 12/30/2002)

NOTICE OF APPEAL by Michael Haley, Don Siegelman, Gladys Deese, Patricia Hood, Mary Carter to the United States Court of Appeals, Eleventh Circuit from the "Order and Preliminary Injunction", "Writ of Injunction", "Opinion" and "Order" denying Dfts Motions to Dismiss entered in this action on December 2, 2002. FILING FEE $ 105.00 RECEIPT # 95472 Copies Provided (kcg) (Entered: 01/03/2003)

ORDER TO SHOW CAUSE as to why sanctions should not be imposed for the parties' failure to submit a joint discovery plan in compliance with the court's order: Response to Order to Show Cause due on 4:00 1/7/03 for Don Siegelman, for Mary Carter, for Hood, for Gladys Deese, for Michael Haley, for Melinda Washington, for Kelli Washington, for April Rice, for Barbara Pelzer, for Terri Newby, for Katie Moore, for La'Toya Jones, for Lisa Hereford, for Alma Gutierrez, for Wanda Goodman, for Marjorie Ewing, for Lachrondria for Barbara Bush, for Theresa Barron, for Linda Laube ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC (ydw) Modified on 01/03/2003 (Entered: 01/03/2003)

JOINT MOTION by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washington, Michael Haley, Gladys Deese, Patricia Hood, Mary Carter for Extension of Time for filing class certification briefs ; referred to Judge Myron H. Thompson (ydw) (Entered: 01/03/2003)

MOTION by Michael Haley, Mary Carter to Dismiss, and/or Sever Mental Health Claims (w/Attachments); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/06/2003)

MOTION by NaphCare, Inc., Francis Henderson for Leave to File A Lagal Memorandum in opposition to pltf's motion to amend their complaint (w/memorandum in opposition to pltf's motion to amend their complaint); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/06/2003)

CONSENT ORDER EXTENDING TIME FOR FILING CLASS CERTIFICATION BRIEFS [7-1] motion for class certification by plaintiffs set for submission on 1/31/03 setting Discovery deadline to 1/13/03, by 1/20/03, the parties are jointly to develop and submit to the court a record of the evidence-depositions, stipulationsm, affidavits, etc. - that they intend the court to rely upon; setting Pltfs. Brief deadline to 1/24/03, setting dfts. Brief deadline to 1/31/03 ; this order supercedes the 12/2/02 Class Certification Scheduling Order; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) Modified on 01/22/2003 (Entered: 01/06/2003)

Text not available. (Entered: 01/07/2003)

REPORT of Parties' F.R.C.P. 26(f) Planning Meeting; referred to Judge Thompson. (ydw) Modified on 01/07/2003 (Entered: 01/07/2003)

MOTION containing request for oral argument by NaphCare, Inc., Francis Henderson to Dismiss, to Stay, to Transfer Claim against NaphCare to the Northern District of Alabama for consolidation with Spears ; referred to Judge Myron H. Thompson [EDIT 2/20/03 TO CORRECT YEAR IN FILED DATE-QC/DJY] (ydw) Modified on 02/20/2003 (Entered: 01/08/2003)

Response (Submission of Cause for failure to submit Joint Discovery Plan) by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Washington to [89-1] Order to Show Cause (w/Attachments); referred to Judge Myron H. Thompson (ydw) (Entered: 01/08/2003)

ORDER granting [92-1] motion for Leave to File A Lagal Memorandum in opposition to pltf's motion to amend their complaint ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 01/07/2003)

ORDER granting [82-1] motion to Amend [1-1] complaint; this order does not reach the defenses and issues raised by an appropriate motion to dismiss or transfer; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 01/07/2003)

MEMORANDUM by NaphCare, Inc., Francis Henderson in opposition to [82-1] motion to Amend [1-1] complaint by plaintiffs (w/Exhibit 1, A-E attached); referred to Mag. Judge Charles S. Coody (ydw) (Entered: 01/08/2003)

SECOND AMENDED COMPLAINT by Linda Laube, Theresa Barron, Barbara Bush, Lachrondria Crockett, Marjorie Ewing, Wanda Goodman, Alma Gutierrez, Lisa Hereford, La'Toya Jones, Katie Moore, Terri Newby, Barbara Pelzer, April Rice, Kelli Washington, Melinda Washingtonagainst MHM Correctional amending [1-1] complaint (ydw) (Entered: 01/08/2003)