Case: Inmates of the Bucks County Correctional Facility v. County of Bucks

2:02-cv-07377 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 12, 2002

Clearinghouse coding complete

Case Summary

On September 12, 2002, inmates of the Bucks County Correctional Facility [BCCF] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging their conditions of confinement. Plaintiffs, represented by the Institutional Law Project and private attorneys, sought declaratory and injunctive relief, as well as damages. Plaintiffs alleged that their constitutional rights had been violated by denial of nece…

On September 12, 2002, inmates of the Bucks County Correctional Facility [BCCF] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia), challenging their conditions of confinement. Plaintiffs, represented by the Institutional Law Project and private attorneys, sought declaratory and injunctive relief, as well as damages. Plaintiffs alleged that their constitutional rights had been violated by denial of necessary medical care and retaliation against sick inmates who seek care; by a lack of a policy for prevention, diagnosis and treatment of communicable disease; by a lack of ventilation and basic sanitation; by a failure to provide medical isolation facilities for inmates with communicable disease; and by the deliberate indifference to inmates' serious medical needs.

The lawsuit followed a widespread exposure of inmates to methicillin resistant staphylococcus aureus (MRSA).

Around the time the lawsuit was initiated, Dr. Veronica Urdaneta of the Pennsylvania Department of Health reviewed approximately 22 inmate medical charts the BCCF relative to the MSRA outbreak. Plaintiffs sought production of her report and defendants objected. On February 26, 2003, the District Court (Magistrate Judge Diane M. Welsh) ordered that the report be produced to the court for an in camera inspection. Inmates of BCCF v. Bucks County, 2003 WL 22204548 (E.D.Pa. Feb. 26, 2003). Following the court's in camera review of Dr. Urdaneta's report, Judge Welsh order that a copy be disclosed to plaintiffs on March 14, 2003.

Discovery proceeded and plaintiffs filed a Second Amended Complaint, on September 8, 2004. Thereafter, plaintiffs moved again for class certification. On December 20, 2004, the District Court (Judge Clifford Scott Green) granted the motion for class certification on behalf of the female

inmates similarly situated in the BCCF. BCCF v. Bucks County, 2004 WL 2958427 (E.D.Pa. Dec. 20, 2004).

Thereafter, discovery and litigation of the case continued. The PACER docket (as of 6/13/2007) shows that the case is still active.

Summary Authors

Dan Dalton (2/12/2007)

Related Cases

Inmates of Bucks County Prison v. Warren, Eastern District of Pennsylvania (1979)

People


Judge(s)

Buckwalter, Ronald Lawrence (Pennsylvania)

Welsh, Diane M. (Pennsylvania)

Attorneys(s) for Plaintiff

Alberts, Anita F. (Pennsylvania)

Esquire, Anita F. Alberts (Pennsylvania)

Love, Angus R. (Pennsylvania)

Sperling, Martha (Pennsylvania)

Attorneys(s) for Defendant

Brier, David E. (Pennsylvania)

Chernak, Frank A. (Pennsylvania)

Connolly, Christin E (Pennsylvania)

Gold, Alan Stephen (Florida)

Judge(s)

Buckwalter, Ronald Lawrence (Pennsylvania)

Welsh, Diane M. (Pennsylvania)

Attorneys(s) for Plaintiff

Alberts, Anita F. (Pennsylvania)

Esquire, Anita F. Alberts (Pennsylvania)

Love, Angus R. (Pennsylvania)

Sperling, Martha (Pennsylvania)

Attorneys(s) for Defendant

Brier, David E. (Pennsylvania)

Chernak, Frank A. (Pennsylvania)

Connolly, Christin E (Pennsylvania)

Gold, Alan Stephen (Florida)

Heinold, Keith D (Pennsylvania)

Hudson, Craig (Pennsylvania)

Lehrer, Jamie Beth (Pennsylvania)

Marcel, Henri (Pennsylvania)

Maresca, Carla P. (Pennsylvania)

Straw, Craig M. (Pennsylvania)

Documents in the Clearinghouse

Document

2:02-cv-07377

Docket (PACER)

Inmates of the Bucks County Correctional Facility et al v. County of Bucks

March 27, 2008

March 27, 2008

Docket
23

2:02-cv-07377

Amended Class Action Complaint

Dec. 23, 2002

Dec. 23, 2002

Complaint
51

2:02-cv-07377

Memorandum and Order

March 14, 2003

March 14, 2003

Order/Opinion
121

2:02-cv-07377

Notice of Settlement of Class Action / Private Settlement Agreement

March 27, 2008

March 27, 2008

Settlement Agreement
1

03-04017

Complaint

Keller and Martin v. County of Bucks

None

None

Complaint

Resources

Docket

Last updated June 7, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, LENAPE VALLEY FOUNDATION, CHARLES MARTIN, WILLIS MORTON, LEWIS POLK ( Filing fee $ 150 receipt number 803153.), filed by INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, RONALD JAMES, CHERYL ST. JOHN, LENAPE VALLEY FOUNDATION, DAWN SARESKY, JOANNE SEEHOUSEN, AMANDA SMITH, ELLEN BOKA SMITH, TIMOTHY SPROUL, DEBRA WALDEN.(iy, ) Additional attachment(s) added on 11/18/2002 (ldb, ). (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

Summons Issued; 10 mailed to counsel on 09/20/02 (iy, ) Modified on 9/20/2002 (iy, ). (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

DEMAND for Trial by Jury by BRENDA CAMERON, MICHELLE ELDRIDGE, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, RONALD JAMES, CHERYL ST. JOHN, DAWN SARESKY, JOANNE SEEHOUSEN, AMANDA SMITH, ELLEN BOKA SMITH, TIMOTHY SPROUL, DEBRA WALDEN. (iy, ) (Entered: 09/20/2002)

Sept. 19, 2002

Sept. 19, 2002

2

PRAECIPE by BRENDA CAMERON, MICHELLE ELDRIDGE, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, RONALD JAMES, CHERYL ST. JOHN, DAWN SARESKY, JOANNE SEEHOUSEN, AMANDA SMITH, ELLEN BOKA SMITH, TIMOTHY SPROUL, DEBRA WALDEN TO ATTACH A, ORDER DATED 8/23/02 AND EXHIBIT B, ORDER OF 8/27/02 ATTACHED HERETO THE COMPLAINT. (jl, ) Additional attachment(s) added

Sept. 30, 2002

Sept. 30, 2002

4

WAIVER OF SERVICE Returned Executed by INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY. COUNTY OF BUCKS waiver sent on 9/27/2002, answer due 11/26/2002; JOAN CROWE waiver sent on 9/27/2002, answer due 11/26/2002; GORDIAN EHRLACHER waiver sent on 9/27/2002, answer due 11/26/2002; MICHAEL G. FITZPATRICK waiver sent on 9/27/2002, answer due 11/26/2002; HOWARD GUBERNICK waiver sent on 9/27/2002, answer due 11/26/2002; CHARLES MARTIN waiver sent on 9/27/2002, answer due 11/26/2002; SANDRA MILLER waiver sent on 9/27/2002, answer due 11/26/2002; WILLIS MORTON waiver sent on 9/27/2002, answer due 11/26/2002; LEWIS POLK waiver sent on 9/27/2002, answer due 11/26/2002. (jl, ) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

5

NOTICE of Appearance by DAVID E. BRIER, FRANK A. CHERNAK on behalf of COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK (jl, ) Additional attachment(s) added on 12/18/2002 (ldb, ). (Entered: 10/21/2002)

Oct. 21, 2002

Oct. 21, 2002

6

ORDER THAT THIS MATTER IS REFERRED TO THE HONORABLE DIANE WELSH, UNITED STATES MAGISTRATE JDUGE FOR ALL PRE−TRIAL AND NON−DISPOSITIVE MATTERS; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/23/02. 10/24/02 ENTERED AND COPIES MAILED.(jl, ) Additional attachment(s) added on 10/24/2002 (jl, ). (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

7

LENAPE VALLEY FOUNDATION MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO RULES 12 (b)(6) AND 23 OR IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT OF THE CLAIMS MADE AGAINST IT PURSUANT TO RULE 12 (e), MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) (Entered: 11/12/2002)

Nov. 8, 2002

Nov. 8, 2002

8

STIPULATION AND ORDER OF COUNSEL THAT THE PROVISIONS OF LACAL AND FEDERAL RULE 23.1(c) REQUIRES MOTION FOR CLASS CERTIFICATION TO BE FILED WITHIN 90 DAYS OF THE FILING IN THIS MATTER SHALL NOT APPLY. THE PLFF SHALL MOVE FOR A DETERMINATION UNDER SUBDIVISION (C)(1) OF FEDERAL RULE CIVIL PROCEDURE 23 AS TO WHETHER THE CASE IS TO BE MAINTAINED AS A CLASS ACTION.. SIGNED BY JUDGE DIANE M. WELSH ON 11/14/02. 11/15/02 ENTERED AND COPIES MAILED.(lvj, ) (Entered: 11/15/2002)

Nov. 14, 2002

Nov. 14, 2002

9

PLAINTIFFS' ANSWER OPPOSING MOTION TO DISMISS FILED BY LENAPE VALLEY FOUNDATION, BRIEF, CERTIFICATE OF SERVICE. (jl, ) Additional attachment(s) added on 11/26/2002 (jl, ). Additional attachment(s) added on 11/26/2002 (jl, ). (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

10

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK MOTIION TO STRIKE THE COMPLAINT PURSUANT TO FED.R.CIV.P. 8, OR, IN THE ALTERNATIVE, TO STRIKE CERTAIN PARAGRAPHS OF THE COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (f), TO DISMISS COUNT III OF THE COMPLAINT AGAINST THE COUNTY OF BUCKS ONLY, PURSUANT TO FED.R.CIV.P. 12 (B)(6), AND TO DISMISS COUNTS I AND II OF THE COMPLAINT AS TO ALL INCARCERATED PLAINTIFFS, PURSUANT TO FED.R.CIV.P. 12 (b)(6), BRIEF, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 12/18/2002 (ldb, ). (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

11

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, CHARLES MARTIN, WILLIS MORTON MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS, BRIEF, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 12/18/2002 (ldb, ). (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

13

PLAINTIFFS' MEMORANDUM OF LAW SUPPORTING DISTRIBUTION OF CLASS ACTION QUESTIONNAIRE TO BCCF INMATES, CERTIFICATE OF SERVICE. (jl, ) (Entered: 12/04/2002)

Dec. 4, 2002

Dec. 4, 2002

14

LENAPE VALLEY FOUNDATION REPLY BRIEF TO PLAINTIFFS' OPPOSITION TO THE MOTION TO DISMISS, CERTIFICATE OF SERVICE. (jl, ) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

15

LENAPE VALLEY FOUNDATION MOTION TO JOIN THE MOTION OF DEFENDANTS COUNTY OF BUCKS, MICHAEL FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, GORDIAN EHRLACHER, LEWIS POLK, JOAN CROWE, HOWARD GUBERNICK AND WILLIS MORTON TO DISMISS COUNTS I AND II OF THE COMPLAINT AS TO ALL INCARCERATED PLAINTIFF'S PURSUANT TO FED. R.CIV.P. 12 (b)(6), BRIEF, CERTIFICATE OF SERVICE..(jl, ) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

16

LENAPE VALLEY FOUNDATION REPLY MEMORANDUM TO PLAINTIFFS' MEMORANDUM OF LAW SUPPORTING DISTRIBUTION OF CLASS ACTION QUESTIONNAIRE TO BCCF INMATES, CERTIFICATE OF SERVICE. (jl, ) Additional attachment(s) added on 4/21/2003 (mc, ). (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

17

Response filed by DEFENDANT COUNTY OF BUCKS, DEFENDANT JOAN CROWE, DEFENDANT GORDIAN EHRLACHER, DEFENDANT MICHAEL G. FITZPATRICK, DEFENDANT HOWARD GUBERNICK, DEFENDANT CHARLES MARTIN, DEFENDANT SANDRA MILLER, DEFENDANT WILLIS MORTON, DEFENDANT LEWIS POLK to Plaintiff's Request by Letter to Distribute Class Action Questionnaire to BCCF Inmates, Brief, Certificate of Service. (mbh, ) Additional attachment(s) added on 12/18/2002 (ldb, ). (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

18

Answer filed by PLAINTIFF INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, PLAINTIFF MICHELLE ELDRIDGE, PLAINTIFF AMANDA SMITH, PLAINTIFF CHERYL ST. JOHN, PLAINTIFF DAWN SARESKY, PLAINTIFF TIMOTHY SPROUL, PLAINTIFF RONALD JAMES, PLAINTIFF JOANNE SEEHOUSEN, PLAINTIFF BRENDA CAMERON, PLAINTIFF ELLEN BOKA SMITH, PLAINTIFF DEBRA WALDEN Opposing Motions of Defendants to Strike the Complaint or to Strike Certain Paragraphs of the Complaint or to Dismiss Count III of the Complaint or to Dismiss Counts I and II of the Complaint as to All Incarcerated Plaintiffs, Memorandum, Certificate of Service.(mbh, ) (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

19

Entry of Appearance by ANGUS R. LOVE on behalf of all plaintiffs with JURY DEMAND, CERTIFICATE OF SERVICE (lvj, ) (Entered: 12/13/2002)

Dec. 12, 2002

Dec. 12, 2002

21

APPLICATION by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK for leave to file a reply brief in support of their motion to strike the complaint, pursuant to fed.r.civ.p.8 or in the alternative, to strike certain paragraphs of the complaint pursuant to fed. r.civ.p.12(f) to dismiss count iii of the complaint against the county of bucks only, pursuant to fed.r.civ.p. 12(b)(6), and to dismiss counts i and ii of the complaint as to all incarcerated plffs, pursuant to fed. r. civ. p. 12(b)(6), certificate of service. (lvj, ) Additional attachment(s) added on 12/18/2002 (ldb, ). (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

20

STIPULATION AND ORDER THAT PLAINTIFFS MAY HAVE AN EXTENSION OF TWO WEEKS TO RESPOND TO COUNTY DEFENDANTS' MOTION TO STRIKE CLASS ACTION ALLEGATIONS. PLAINTIFFS' RESPONSE SHALL BE DUE ON 12/26/02; ETC... SIGNED BY JUDGE DIANE M. WELSH ON 12/16/02. 12/17/02 ENTERED AND COPIES MAILED.(jl, ) (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

23

AMENDED COMPLAINT against COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, LENAPE VALLEY FOUNDATION, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK, filed by INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, CHERYL ST. JOHN, ELLEN BOKA SMITH, TIMOTHY SPROUL, CERTIFICATE OF SERVICE.(jl, ) (Entered: 12/23/2002)

Dec. 23, 2002

Dec. 23, 2002

24

Praecipe to substitute name Harris Gubernick for Howard Gubernick as defendant in this action by INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, cert of service. (gm, ) (Entered: 12/27/2002)

Dec. 27, 2002

Dec. 27, 2002

25

TRANSCRIPT of Proceedings held on 12/16/02 before Judge WELSH. Court Reporter: IAN BRODERICK. (jl, ) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

26

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK MOTION TO DISMISS COUNTS I AND II OF THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (B)(6), AND TO DISMISS COUNT III OF THE AMENDED COMPLAINT AGAINST THE COUNTY OF BUCKS ONLY, PURSUANT TO FED.R.CIV.P. 12 (B)(6), BRIEF, CERTIFICATE OF SERVICE..(jl, ) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

27

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, SANDRA MILLER, WILLIS MORTON, LEWIS POLK MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS IN THE AMENDED COMPLAINT, BRIEF, CERTIFICATE OF SERVICE..(jl, ) (Entered: 01/09/2003)

Jan. 8, 2003

Jan. 8, 2003

28

LENAPE VALLEY FOUNDATION MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO RULES 12 (b)(6) AND 23, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

29

LENAPE VALLEY FOUNDATION MOTION TO DISMISS PLAINTIFFS' AMENDED CLASS ACTION COMPLAINT PURSUANT TO RULES 12 (b)(6) and 23, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 1/16/2003 (ldb, ). Additional attachment(s) added on 1/21/2003 (jl, ). (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

30

ORDER THAT THE FOLLOWING MOTIONS ARE DISMISSED WITHOUT PREJUDICE AS MOOT: DEFENDANT LENAPE VALLEY FOUNDATION'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT OF THE CLAIMS; DEFENDANT COUNTY OF BUCKS MOTION TO STRIKE PLAINTIFFS' COMPLAINT OR, IN THE ALTERNATIVE TO STRIKE CERTAIN PARAGRAPHS OF THE COMPLAINT; DEFENDANT COUNTY OF BUCKS MOTION TO STRIKE PLAINTIFFS CLASS ALLEGATIONS; DEFENDANT LENAPE VALLEY FOUNDATION'S MOTION TO JOIN THE MOTION OF DEFENDANT COUNTY OF BUCKS TO DISMISS COUNTS I AND II OF PLAINTIFFS' COMPLAINT; AND APPLICATION OF DEFENDANT COUNTY OF BUCKS FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION TO STRIKE; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/13/03. 1/14/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 01/14/2003)

Jan. 13, 2003

Jan. 13, 2003

31

LENAPE VALLEY FOUNDATION MOTION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO RULE 12 (b)(6) OR IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT OF THE CLAIMS MADE AGAINST IT PURSUANT TO RULE 12 (e), MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 1/16/2003 (ldb, ). (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

33

PLAINTIFFS' ANSWER OPPOSING MOTION TO DISMISS FILED BY COUNTY DEFENDANTS TO AMENDED COMPLAINT, BRIEF, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

34

Plaintiffs' answer to two Motions to Dismiss amended class action complaint and Motion for More Definite Statement of claims filed on behalf of Lenape Valley Foundation, Brief, certificate of service. (lvj, ) Additional attachment(s) added on 1/22/2003 (mc, ). (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

35

APPLICATION by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS COUNTS COUNTS I AND II OF THE AMENDED COMPLAINT AGAINST THE COUNTY OF BUCKS ONLY, PURSUANT TO FED.R.CIV.P. 12(B)(6) AND TO DISMISS COUNT III OF THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (B)(6), CERTIFICATE OF SERVICE. (reply brief attached). (jl, ) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

36

PRAECIPE TO WITHDRAW MOTION OF DEFENDANT LENAPE VALLEY FOUNDATION TO DISMISS PLAINTIFFS' COMPLAINT PURSUANT TO RULES 12 (b)(6) and 23, Certificate of Service. by LENAPE VALLEY FOUNDATION. (jl, ) (Entered: 01/28/2003)

Jan. 28, 2003

Jan. 28, 2003

37

APPLICATION/PETITION by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK FOR LEAVE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS IN THE AMENDED COMPLAINT, CERTIFICATE OF SERVICE. (REPLY BRIEF ATTACHED) (jl, ) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

38

COUNTY OF BUCKS,JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK MOTION TO QUASH PLAINTIFFS' SUBPEONA DUCES TECUM, BRIEF, CERTIFICATE OF SERVICE..(jl, ) (Entered: 02/14/2003)

Feb. 13, 2003

Feb. 13, 2003

39

PLFFS' MOTION TO ENFORCE SUBPOENA FOR PRODUCTION OF DOCUMENTSMEMORANDUM OF LAW, CERTIFICATE OF SERVICE.(lvj, ) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

40

PLFFS' Answer and brief opposing motion to quash third party subpoena dues tecum filed by county defts, certificate of service. (lvj, ) (Entered: 02/24/2003)

Feb. 21, 2003

Feb. 21, 2003

41

MEMORANDUM AND ORDER THAT THE MOVING DEFTS SHALL SUBMIT A COPY OF DR. URDANETA'S REPORT DIRECTLY TO CHAMBERS FOR THE COURT'S IN CAMERA REVIEW ON OR BEFORE 3/12/03, ETC. SIGNED BY JUDGE DIANE M. WELSH ON 2/26/03. 2/27/03 ENTERED AND COPIES MAILED.(lvj, ) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

42

PLAINTIFFS' SUPPLEMENTAL BRIEF OPPOSING MOTION TO QUASH THIRD PARTY SUBPEONA DUCES TECUM FILED BY COUNTY DEFENDANTS, CERTIFICATE OF SERVICE. (jl, ) Additional attachment(s) added on 2/27/2003 (jl, ). (Entered: 02/27/2003)

Feb. 27, 2003

Feb. 27, 2003

43

ORDER THAT APPLICATION OF DEFENDANT COUNTY OF BUCKS, MICHAEL FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, GORDIAN EHRLACHER, LEWIS POLK, JOAN CROWE, HARRIS GUBERNICK AND WILLIS MORTON FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS IN THE AMENDED COMPLAINT, LEAVE IS HEREBY GRANTED AND THE BRIEF ATTACHED TO THIS APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/27/03. 2/28/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

44

REPLY BRIEF by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK IN FURTHER SUPPORT OF THEIR MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS IN THE AMENDED COMPLAINT. (jl, ) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

45

ORDER THAT THE APPLICATION OF DEFENDANTS COUNTY OF BUCKS, MICHAEL FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, GORDIAN EHRACHER, LEWIS POLK, JOAN CROWE, HARRIS GUBERNICK AND WILLIS MORTON FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS COUNTS I AND II OF THE AMENDED COMPLAINT AGAINST THE COUNTY OF BUCKS ONLY, PURSUANT TO FED.R.CIV.P. 12 (b)(6) AND TO DISMISS COUNT III OF THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (b)(6) LEAVE IS HEREBY GRANTED AND THE BRIEF ATTACHED TO THIS APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/27/03. 2/28/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

46

REPLY BRIEF OF DEFENDANTS COUNTY OF BUCKS, MICHAEL FITZPATRICK, CHARLES MARTIN, SANDRA MILLER, GORDIAN EHRLACHER, LEWIS POLK, JOAN CROWE, HARRIS GUBERNICK AND WILLIS MORTON IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS COUNT I AND II OF THE AMENDED COMPLAINT AGAINST THE COUNTY OF BUKCS ONLY, PURSUANT TO FED.R.CIV.P. 12 (B)(6), AND TO DISMISS COUNT III OF THE AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (B)(6). (jl, ) (Entered: 02/28/2003)

Feb. 27, 2003

Feb. 27, 2003

47

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON RESPONSE TO PLAINTIFFS' MOTION TO ENFORCE SUBPEONA FOR PRODUCTION OF DOCUMENTS, BRIEF, CERTIFICATE OF SERVICE. (jl, ) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

48

PLAINTIFFS' MOTION TO COMPEL ENVIRONMENTAL INSPECTION OF THE BUCKS COUNTY PRISION, WITNESSES DEPOSITIONS AND PRODUCTION OF DOCUMENTS, BREIF, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 3/12/2003 (jl, ). (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

49

CERTIFICATE of Counsel UNDER LOCAL FEDERAL RULE 26.1 (f) by ANITA F. ALBERTS on behalf of INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, CHERYL ST. JOHN, ELLEN BOKA SMITH, TIMOTHY SPROUL, Certificate of Counsel. (jl, ) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

50

NOTICE of Appearance by HENRI MARCEL on behalf of JOAN CROWE, GORDIAN EHRLACHER, LEWIS POLK with CERTIFICATE OF SERVICE. (WITHDRAWAL OF APPEARANCE OF FRANK CHERNAK). (jl, ) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

51

MEMORANDUM AND ORDER THAT THE DEFENDANT'S MOTION TO QUASH THE PLAINTIFFS' SUBPEONA DUCES TECUM IS DENIED; THE PLAINTIFF'S MOTION TO ENFORCE THEIR SUBPEONA IS GRANTED; THE DEFENDANTS SHALL PRODUCE A COPY OF THE 9/10/02 REPORT OF DR. VERONICA URDANETA TO THE PLAINTIFFS FORTHWITH; ETC.. SIGNED BY JUDGE DIANE M. WELSH ON 3/14/03. 3/14/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

52

RESPONSE filed by DEFENDANT LENAPE VALLEY FOUNDATION to PLFFS' MOTION TO COMPEL, Memorandum, Certificate of Service.(md, ) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

53

PLAINTIFFS' REPLY TO LENAPE VALLEY FOUNDATION'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL, CERTIFICATE OF SERVICE. (jl, ) (Entered: 03/27/2003)

March 27, 2003

March 27, 2003

55

ORDER THAT ORAL ARGUMENT SHALL BE HEARD ON THE PLFFS' MOTION TO COMPEL ENVIRONMENTAL INSPECTION OF THE BUCKS COUNTY PRISON, WITNESS DEPOSITIONS AND PRODUCTION OF DOCUMENTS ON 4/22/03 AT 10 A.M. IN COURTOOM 3G, ETC. SIGNED BY JUDGE DIANE M. WELSH ON 4/1/03. 4/2/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(lvj, ) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

56

ORDER THAT PLFFS' MOTION TO ENVIRONMENTAL INSPECTION OF THE BUCKS COUNTY PRISON, ETC. IS DENIED AS IT PERTAINS TO DEFT LENAPE VALLEY FOUNDATION, ETC. SIGNED BY JUDGE DIANE M. WELSH ON 4/3/03.4/3/03 ENTERED AND COPIES MAILED. (lvj, ) (Entered: 04/03/2003)

April 3, 2003

April 3, 2003

57

PLFFS' MOTION FOR CLASS CERTIFICATION, BRIEF, CERTIFICATE OF SERVICE. (lvj, ) Additional attachment(s) added on 4/10/2003 (lvj, ). (Entered: 04/10/2003)

April 9, 2003

April 9, 2003

58

OPPOSITION BY LENAPE VALLEY FOUNDATION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, BRIEF, CERTIFICATE OF SERVICE. (jl, ) (Entered: 04/21/2003)

April 21, 2003

April 21, 2003

59

ORDER THAT THE PLAINTIFFS' MOTION TO COMPEL ENVIRONMENTAL INSPECTION OF THE BUCKS COUNTY PRISION, WITNESS DEPOSITIONS AND PRODUCTION OF DOCUMENTS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY JUDGE DIANE M. WELSH ON 4/22/03. 4/22/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

60

NOTICE of Appearance by ALAN S. GOLD on behalf of LEWIS POLK with JURY DEMAND. (jl, ) (Entered: 04/30/2003)

April 30, 2003

April 30, 2003

61

TRANSCRIPT of Proceedings held on 4/22/03 before Judge WELSH. Court Reporter: P. ROSSER. MOTION TO COMPEL HEARING. (jl, ) (Entered: 05/12/2003)

May 12, 2003

May 12, 2003

62

STIPULATION AND ORDER THAT THE PARTIES HEREBY AGREE TO THE TERMS OF THIS PROTECTIVE ORDER. CONFIDENTIAL INFORMATION CONTAINED IN DOCUMENTS PERTAINING TO FLOOR PLANS OF THE BUCKS COUNTY CORRECTIONAL FACILITY, ETC. CONFIDENTIAL INFORMATION SHALL BE SO DESIGNATED BY MARKING CONFIDENTIAL AND ATTORNEYS' EYES ONLY, ETC. SIGNED BY JUDGE DIANE M. WELSH ON 5/16/03. 5/19/03 ENTERED AND COPIES MAILED.(lvj, ) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

63

PLAINTIFF'S SUPPLEMENT TO MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (jpd, ) (Entered: 07/08/2003)

July 7, 2003

July 7, 2003

64

LENAPE VALLEY FOUNDATION SUPPLEMENTAL RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (jl, ) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

65

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, BRIEF, CERTIFICATE OF SERVICE, EXHIBITS. (jl, ) (Entered: 07/22/2003)

July 21, 2003

July 21, 2003

66

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK CROSS MOTION TO DISMISS, BRIEF, CERTIFICATE OF SERVICE, EXHIBITS. (SEE PAPER #65)..(jl, ) (Entered: 07/22/2003)

July 21, 2003

July 21, 2003

68

PLAINTIFFS' REPLY BRIEF TO DEFENDANTS' CROSS MOTION TO DISMISS CLASS ALLEGATIONS AND IN REPLY TO DEFENDANTS' OPPOSITION TO MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (lvj, ) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

69

Plaintiffs' Reply to Separate Brief of Defendants Ehrlacher, Polk &Crowe in their Official Capacities Opposing Class Certification by INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, CHERYL ST. JOHN, ELLEN BOKA SMITH, TIMOTHY SPROUL, Certificate of Service. (ar, ) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

70

APPLICATION FOR LEAVE TO FILE A SUR−REPLY BRIEF IN SUPPORT OF THEIR OPPOSITION AND CROSS−MOTION TO DISMISS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION BY COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK, CERTIFICATE OF SERVICE. (SUR−REPLY BRIEF ATTACHED) (ar, ) (Entered: 08/04/2003)

Aug. 1, 2003

Aug. 1, 2003

71

PLAINTIFFS' MOTION FOR CDC EPIDEMIOLOGIC INVESTIGATION OF INFECTION IN INMATES, STAFF, AND FAMILY MEMBERS OF GUARDS AND STAFF FILED BY INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY,MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 Memorandum of Law in Support)(ar, ) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

72

COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HOWARD GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK RESPONSE TO PLAINTIFFS' MOTION FOR CDC EPIDEMIOLOGIC INVESTIGATION, MEMORANDUM, CERTIFICATE OF SERVICE. (jl, ) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

73

JOAN CROWE, GORDIAN EHRLACHER, LEWIS POLK RESPONSE TO PLAINTIFFS' MOTION FOR CDC EPIDEMIOLOGIC INVESTIGATION, CERTIFICATE OF SERVICE. (Attachments: # 1 CERTIFICATE OF SERVICE)(jl, ) (Entered: 10/22/2003)

Oct. 21, 2003

Oct. 21, 2003

74

ORDER THAT A CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED CASES ON 1/30/2004 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE CLIFFORD SCOTT GREEN.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/23/04. 1/26/04 ENTERED AND COPIES MAILED.(lvj, ) (Entered: 01/26/2004)

Jan. 23, 2004

Jan. 23, 2004

75

ORDER THAT PLAINTIFFS' REQUEST TO FILE AN AMENDED COMPLAINT IS GRANTED. THE SECOND AMENDED COMPLAINT SHALL BE FILED WITHIN 90 DAYS OF THE DATE OF THIS ORDER, TO RELATE BACK TO THE FILING OF THE ORIGINAL COMPLAINT; PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS DISMISSED WITHOUT PREJUDICE. DEFENDANT LENAPE VALLEY FOUNDATION'S MOTION TO DISMISS IS DISMISSED WITHOUT PREJUDICE; ETC. . SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/2/04. 2/3/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

76

ORDER THAT DEFENDANT LENAPE VALLEY FOUNDATION'S MOTION TO DISMISS IS DISMISSED WITHOUT PREJUDICE. DEFENDANTS COUNTY OF BUCKS, MORTON, CROW, MILLER, MARTIN, FITZPATRICK, ERLACHER AND POLK'S MOTION TO DISMISS IS DISMISSED WITHOUT PREJUDICE; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/13/04. 2/17/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

77

ORDER THAT PLAINTIFF'S MOTION FOR CDC EPIDEMIOLOGIC INVESTIGATION IS DISMISSED, WITHOUT PREJUDICE, SUBJECT TO REINSTATEMENT AFTER THE FILING OF PLAINTIFFS' SECOND AMENDED COMPLAINT; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 3/30/04.3/31/04 ENTERED AND COPIES MAILED.(jl, ) (Entered:

March 31, 2004

March 31, 2004

9 AMENDED Summons Issued as to COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK. Forwarded To: ANGUS LOVE on 4/30/04 (jl, ) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

79

STIPULATION for Extension of Time for Defendants to Answer, Plead, or Otherwise Move to Plaintiffs' Second Amended Complaint by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK, SANDY WILSON. (CHERNAK, FRANK) (Entered: 05/14/2004)

May 14, 2004

May 14, 2004

80

SUMMONS Returned Executed by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON re: Steve Arnold served Summons and Complaint upon COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK by personal. COUNTY OF BUCKS served on 5/5/2004, answer due 5/25/2004; JOAN CROWE served on 5/5/2004, answer due 5/25/2004; GORDIAN EHRLACHER served on 5/5/2004, answer due 5/25/2004; MICHAEL G. FITZPATRICK served on 5/5/2004, answer due 5/25/2004; HARRIS GUBERNICK served on 5/5/2004, answer due 5/25/2004; CHARLES MARTIN served on 5/5/2004, answer due 5/25/2004; SANDRA MILLER served on 5/5/2004, answer due 5/25/2004; WILLIS MORTON served on 5/5/2004, answer due 5/25/2004; LEWIS POLK served on 5/5/2004, answer due 5/25/2004. (lvj, ) (Entered: 05/18/2004)

May 17, 2004

May 17, 2004

81

MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK.Brief, Declaration, Certificate of Service.(CONNOLLY, CHRISTIN) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

82

STIPULATION AND ORDER THAT PLAINTIFF INMATES OF BUCKS COUNTY CORRECTIONAL FACILITY HAVE UNTIL 7/16/04 TO RESPOND TO DEFENDANT COUNTY OF BUCKS MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 7/2/04. 7/6/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 07/06/2004)

July 2, 2004

July 2, 2004

83

RESPONSE to Motion re 81 MOTION to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON, Brief, Certificate of Service, Declarations. (Attachments: # 1 Brief# 2 Text of Proposed Order # 3 Certificate Service# 4 Declaration# 5 Declaration)(LOVE, ANGUS) Modified on 7/19/2004 (md). (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

84

Second MOTION to Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative, Motion for Summary Judgment of Defendants Pursuant to Fed. R. Civ. P. 56 filed by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK.Brief and Certificate of Service. (Attachments: # 1 Exhibit A)(CHERNAK, FRANK) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

86

MOTION IN REPLY TO 84 Second MOTION to Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative, Motion for Summary Judgment of Defendants Pursuant to Fed. R. Civ. P. 56 filed by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON. (Attachments: # 1 Text of Proposed Order Order# 2 Brief# 3 Certificate of Service) (LOVE, ANGUS) Modified on 9/10/2004 (np). (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

87

AMENDED DOCUMENT by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON. Amended Certificate of Service re: Plaintiffs' Motion to Add Angela Loch and Debbie Sherman as Named Class Representatives and Brief in Support. (LOVE, ANGUS) Modified on 9/15/2004 (md) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

88

AMENDED DOCUMENT by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON. Amended Certificate of Service re: Plaintiffs' Motion in Reply to Defendant's Second Motion to Dismiss Second Amended Complaint and Brief in Support. (LOVE, ANGUS) Modified on 9/15/2004 (md) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

89

Application for Leave to File a Reply Brief in Support of 84 Second MOTION to Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative, Motion for Summary Judgment of Defendants Pursuant to Fed. R. Civ. P. 56 filed by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK, Certificate of Service. (CHERNAK, FRANK) (REPLY BRIEF ATTACHED) Modified on 9/28/2004 (np). (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

90

RESPONSE in Opposition re 85 MOTION Add Class Representatives filed by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK. (LEHRER, JAMIE) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

91

RESPONSE in Opposition re 57 MOTION to Certify Class filed by COUNTY OF BUCKS, JOAN CROWE, GORDIAN EHRLACHER, MICHAEL G. FITZPATRICK, HARRIS GUBERNICK, CHARLES MARTIN, SANDRA MILLER, WILLIS MORTON, LEWIS POLK. (Attachments: # 1 Exhibit)(CHERNAK, FRANK) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

92

Application for Leave to File a Reply Brief in Support of Their RENEWED Motion re 57 MOTION to Certify Class filed by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON. (Attachments: # 1 Brief# 2 Certificate of Service# 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit) (LOVE, ANGUS) Modified on 10/13/2004 (np). (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

93

RESPONSE in Opposition re 84 Second MOTION to Dismiss the Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative, Motion for Summary Judgment of Defendants Pursuant to Fed. R. Civ. P. 56 filed by TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, SANDY WILSON. (Attachments: # 1 Brief# 2 Certificate of Service)(LOVE, ANGUS) (Entered: 10/12/2004)

Oct. 12, 2004

Oct. 12, 2004

94

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED AS TO THE CLASS ALLEGATIONS OF TRISH HEIMBACH AND IS DENIED AS TO SANDY WILSON. PLAINTIFFS' MOTION TO ADD ANGELA LOCH AND DEBBIE SHERMAN AS NAMED REPRESENTATIVES IS GRANTED. PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED AND SANDY WILSON, ANGELA LOCH AND DEBBIE SHERMAN ARE AUTHORIZED TO PROCEED AS CLASS REPRESENTATIVES ON BEHALF OF THE FEMALE INMATES SIMILARLY SITUTATED IN THE BUCKS COUNTY CORRECTIONAL FACILITY; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 12/20/04. 12/21/04 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(jl, ) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

95

ORDER THAT A FINAL SCHEDULING CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED CASE ON 1/20/05 AT 3:00 IN CHAMBERES; ETC. . SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/4/05. 1/4/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 01/04/2005)

Jan. 4, 2005

Jan. 4, 2005

96

ORDER THAT THIS 25TH DAY OF JANUARY, THAT DISCOVERY IS ENLARGED BY SIX MONTHS BY REQUEST OF PLFF'S COUNSEL. IT IS FURTHER ORDERED THAT COUNSEL CONTINUE SETTLEMENT NEGOTIATIONS. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/25/05. 1/26/05 ENTERED AND COPIES MAILED AND E−MAILED.(lvj, ) (Entered: 01/26/2005)

Jan. 25, 2005

Jan. 25, 2005

97

ANSWER to Amended Complaint (Second) by COUNTY OF BUCKS, MICHAEL G. FITZPATRICK, CHARLES MARTIN, HARRIS GUBERNICK, SANDRA MILLER, GORDIAN EHRLACHER, LEWIS POLK, JOAN CROWE, HOWARD GUBERNICK, WILLIS MORTON with Affirmative Defenses, Certificate of Service. (CHERNAK, FRANK) Modified on 2/22/2005 (np). (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

98

PRETRIAL ORDER THAT ALL DISCOVERY IS TO BE COMPLETED BY 1/13/2006. PRETRIAL MOTIONS OR MOTIONS FOR SUMMARY JUDGMENT ARE TO BE FILED WITHIN 15 DAYS OF THE CLOSE OF DISCOVERY. TRIAL POOL SET FOR 2/10/2006, ETC. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 7/20/05. 7/21/05 ENTERED AND COPIES E−MAILED: COPIES MAILED BY CHAMBERS ON 7/20/05.(kw, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

99

ORDER THAT THE ORDER OF REFERRAL FOR PRE−TRIAL AND NON DISPOSITIVE MATTERS FILED 10/23/02 IS VACATED, AND THE ABOVE CAPTIONED CASE IS NO LONGER REFERRED TO MAGISTRATE JUDGE DIANE WELSH; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/26/05. 10/27/05 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(jl, ) Additional attachment(s) added on 10/27/2005 (jl, ). (Entered: 10/27/2005)

Oct. 27, 2005

Oct. 27, 2005

100

MOTION to Add Named Class Representative filed by SANDY WILSON, TRISH HEIMBACH, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief# 2 Declaration)(LOVE, ANGUS) (Entered: 01/26/2006)

Jan. 26, 2006

Jan. 26, 2006

101

STIPULATION Joint Stipulation to Extend Discovery by COUNTY OF BUCKS, MICHAEL G. FITZPATRICK, CHARLES MARTIN, SANDY WILSON, TRISH HEIMBACH, HARRIS GUBERNICK, SANDRA MILLER, GORDIAN EHRLACHER, LEWIS POLK, JOAN CROWE, INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, WILLIS MORTON. (CHERNAK, FRANK) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/6/2006 (np). (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

102

ORDER THAT PLAINTIFFS' UNOPPOSED MOTION TO ADD JOANNE WILLIAMS AS A NAMED CLASS REPRESENTATIVE IS GRANTED; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/14/06. 2/15/06 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

103

JOINT STIPULATION AND ORDER THAT THE DISCOVERY DEADLINE IS EXTENDED TO 2/27/06; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 2/14/06. 2/15/06 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

104

NOTICE of Withdrawal of Appearance by MARTHA SPERLING on behalf of INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY

June 5, 2006

June 5, 2006

106

ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 11/29/06. IT IS FURTHER ORDERED THAT THIS CASE IS PLACED ON SUSPENSE PENDING THE STATUS CONFERENCE OR FURTHER ORDERED OF THE COURT; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 9/28/06. 9/28/06 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 12, 2002

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A class consisting of all persons presently confined to the BCCF or work release centers and all persons who will be confined there in future, who have been sickened or injured by MRSA, staph, tuberculosis and other infectious diseases in prison.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bucks County (Bucks), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Skin Infections

Tuberculosis

Type of Facility:

Government-run