Case: Jordan v. Hood

MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (bpm) (Entered: 11/20/2003)

ORDER by Magistrate Judge O. E. Schlatter directing clerk to commence civil action and granting pla's motion to proceed Under 28 U.S.C. 1915 [1-1]. Pla shall be required to pay the full amount of the required $150 filing fee regardless of the outcome of this action. Pla shall pay an initial partial filing fee of $52 within 30 days from the date of this order or show cause why he has no assets. After payment of initial partial filing fee, pla shall be required to make monthly payments of 20% of the preceding month's income credited to his trust fund account or show cause why he has no assets. (cc: all counsel) ; entry date : 11/20/03 (bpm) (Entered: 11/20/2003)

Prisoner COMPLAINT (bpm) (Entered: 11/20/2003)

PAYMENT received in amount of $ 52.00 Receipt number 248650 from Mark Jordan re: initial payment on filing fees (pap) (Entered: 12/30/2003)

MEMORANDUM by Magistrate Judge O. E. Schlatter directing assignment of case to Judge Figa and Magistrate Judge Watanabe as related (bpm) Modified on 01/07/2004 (Entered: 01/07/2004)

LETTER to parties from court re: Scheduling order Case reassigned to Judge Phillip S. Figa [0-0] (dlb) (Entered: 01/09/2004)

PAYMENT received in amount of $ 25.00 Receipt number 249047 from Mark Jordan re: initial partial filing fee payment (pap) (Entered: 01/16/2004)

ORDER granting service by USM by Judge Phillip S. Figa regarding [3-1] complaint (cc: all counsel) ; entry date : 1/20/04 (lam) (Entered: 01/20/2004)

ACKNOWLEDGEMENT OF RECEIPT of order, complaint, summons and consent form re: defendant FBP signed on 1/16/04 ; by Charisa Cruz, U.S. Attorney's Officer Dist of CO (lam) (Entered: 01/23/2004)

RETURN RECEIPT FOR CERTIFIED MAIL upon US Atty General, Washington DC re: defendant FBP on 1/21/04 (lam) (Entered: 01/27/2004)

RETURN RECEIPT FOR CERTIFIED MAIL upon defendant FBP on 1/26/03 (gms) (Entered: 02/03/2004)

PAYMENT received in amount of $ 25.00 Receipt number 100 249610 from Mark Jordan re: Monthly Payment on Fees (lam) (Entered: 02/10/2004)

MOTION by plaintiff Mark Jordan for preliminary injunction (lam) (Entered: 03/10/2004)

ORDER R16,stat,stlmt,pt,mtnrec,pto Case referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa (cc: to counsel) (gms) (Entered: 03/15/2004)

MEMORANDUM by Judge Phillip S. Figa referring to Magistrate Judge Michael J. Watanabe the motion for preliminary injunction [13-1] (gms) (Entered: 03/15/2004)

MOTION by defendants to dismiss for lack of jurisdiction (pap) (Entered: 03/17/2004)

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe regarding [16-1] dft's motion to dismiss for lack of jurisdiction; pla has to 4/8/04 to respond; regarding [13-1] pla's motion for preliminary injunction; dft's have to 4/8/04 to respond (cc: all counsel) ; entry date : 3/18/04 (dlb) (Entered: 03/18/2004)

MEMORANDUM by Judge Phillip S. Figa referring to Magistrate Judge Michael J. Watanabe dfts' motion to dismiss for lack of jurisdiction [16-1] (bpm) (Entered: 03/18/2004)

PAYMENT received in amount of $ 25.00 Receipt number 100 250547 from Mark Jordan re: complaint (dlb) (Entered: 03/24/2004)

MOTION by plaintiff Mark Jordan to extend time to file a resp to dft's mtn to dismiss (dlb) (Entered: 03/25/2004)

MEMORANDUM by Judge Phillip S. Figa referring to Magistrate Judge Michael J. Watanabe the motion to extend time to file a resp to dft's mtn to dismiss [20-1] (dlb) (Entered: 03/26/2004)

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend time to file a resp to dft's mtn to dismiss [20-1], regarding [16-1] motion to dismiss for lack of jurisdiction, pla's response due by 4/19/04 (cc: all counsel) ; entry date : 3/30/04 (dlb) (Entered: 03/30/2004)

PAYMENT received in amount of $ 15.00 Receipt number 100 250712 from Mark Jordan re: complaint (dlb) (Entered: 03/30/2004)

NOTICE of Receipt of Service by plaintiff Mark Jordan re: motion to extend time to file a resp to dft's mtn to dismiss [20-1] (dlb) (Entered: 03/31/2004)

RESPONSE by plaintiff Mark Jordan to dft's motion to dismiss for lack of jurisdiction [16-1] (lam) (Entered: 04/08/2004)

WAIVER OF SERVICE of Summons and Complaint by defendant Robert A. Hood, defendant Robert (I) A. Hood on 3/30/04 (dlb) (Entered: 04/08/2004)

WAIVER OF SERVICE of Summons and Complaint by defendant Mary H. Sosa, defendant Mary (I) H. Sosa, defendant FBP on 4/1/04 (dlb) (Entered: 04/08/2004)

Opposition (RESPONSE) by defendants to pla's motion for preliminary injunction [13-1] (lam) (Entered: 04/09/2004)

PAYMENT received in amount of $ 8.00 Receipt number 100 251282 from Mark Jordan re: complaint (dlb) (Entered: 04/22/2004)

ATTORNEY APPEARANCE for plaintiff Mark Jordan by Edward T. Ramey (dlb) (Entered: 05/14/2004)

MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; Telephone status conf set for 10:30 6/11/04 (cc: all counsel) ; entry date : 5/24/04 (gms) (Entered: 05/24/2004)

MOTION by Robert (I) A. Hood, Mary (I) H. Sosa to dismiss pur to Fed.R.Civ.P. 12(b)(6) (dlb) (Entered: 06/02/2004)

MEMORANDUM by Judge Phillip S. Figa referring to Magistrate Judge Michael J. Watanabe the motion to dismiss pur to Fed.R.Civ.P. 12(b)(6) [32-1] (dlb) (Entered: 06/03/2004)

COURTROOM MINUTES AND MINUTE ORDER by Magistrate Judge Michael J. Watanabe ; status conf held 6/10/04 ; tele status conf set for 9:00 7/1/04 ; entry date : 6/11/04 Court Reporter: FTR (cc: all counsel) (dlb) (Entered: 06/11/2004)

COURTROOM MINUTES AND Minute Order by Magistrate Judge Michael J. Watanabe; counsel shall file their stipulation on or before 7/16/04 regarding [32-1] motion to dismiss pur to Fed.R.Civ.P. 12(b)(6) and regarding [13-1] motion to for preliminary injunction; granting pla's oral motion, pla shall have up to and including 9/1/04 to respond regarding [16-1] motion to dismiss for lack of jurisdiction ; entry date : 7/2/04 Court Reporter: FTR (cc: all counsel) (pap) (Entered: 07/02/2004)

NOTICE of withdrawal by plaintiff Mark Jordan re: motion for preliminary injunction [13-1] (dlb) (Entered: 08/23/2004)

NOTICE OF DISMISSAL as to party Robert (I) A. Hood, party Mary (I) H. Sosa, each party to bear own costs; entry date : 8/24/04 (dlb) (Entered: 08/24/2004)

RESPONSE by plaintiff Mark Jordan to defendants' motion to dismiss [16-1] (lam) (Entered: 08/30/2004)

ORDER by Judge Phillip S. Figa for dismissal of claims [37-1] against dfts Hood and Sosa in their individual capacities, all parties to bear own costs; dismissing dft Mary (I) H. Sosa dft Robert (I) A. Hood (cc: all counsel) ; entry date : 8/31/04 (lam) (Entered: 08/31/2004)

REPORT AND RECOMMENDATIONS re 16 dft's Motion to Dismiss/Lack of Jurisdiction; be granted and this action be dismissed as to this dft; Objections to R&R due by 11/17/2004 by Judge Michael J. Watanabe on 11/2/04. (dlb, ) (Entered: 11/04/2004)

Pla's OBJECTION to 40 Report and Recommendations on dft Federal Bureau of Prisons' mtn to dismiss. (dlb, ) (Entered: 11/15/2004)

RESPONSE by Defendants to pla's objections re: REPORT AND RECOMMENDATIONS re 16 dft's Motion to Dismiss/Lack of Jurisdiction; be granted and this action be dismissed as to this dft.(dlb, ) (Entered: 12/01/2004)

ORDER Setting Hearing on Motion 40 MOTION by defendants to dismiss for lack of jurisdiction and 40 REPORT AND RECOMMENDATIONS re 16 dft's Motion to Dismiss/Lack of Jurisdiction; be granted and this action be dismissed as to this dft; by Judge Michael J. Watanabe on 11/2/04. Motion Hearing set for 1/7/2005 10:30 AM in Courtroom A 602 before Judge Phillip S. Figa by Judge Phillip S. Figa on 12/1/04. (dlb, ) (Entered: 12/03/2004)

Submission of SUPPLEMENTAL Authority pertinent to consideration of 40 Pla's OBJECTION to 40 Report and Recommendations on dft Federal Bureau of Prisons' mtn to dismiss(dlb, ) (Entered: 01/05/2005)

RESPONSE to 40 Submission of SUPPLEMENTAL Authority pertinent to consideration of 40 Pla's OBJECTION to 40 Report and Recommendations on dft Federal Bureau of Prisons' mtn to dismiss (dlb, ) (Entered: 01/07/2005)

Minute Entry for proceedings held before Judge Phillip S. Figa : Motion Hearing held on 1/7/2005 re 16 DENYING MOTION by defendants to dismiss for lack of jurisdiction; OVERRULING REPORT AND RECOMMENDATIONS re 16 dft's Motion to Dismiss/Lack of Jurisdiction; be granted and this action be dismissed as to this dft; Objections to R&R due by 11/17/2004 by Judge Michael J. Watanabe on 11/2/04; WITHDRAWING Order of Reference to Judge Michael J. Watanabe no longer assigned to case. Scheduling Conference set for 1/27/2005 04:00 PM in Courtroom A 602 before Judge Phillip S. Figa. (Court Reporter Darlene Martinezf.) (dlb, ) (Entered: 01/11/2005)

ORDER denying 16 MOTION by defendants to dismiss for lack of jurisdiction; OVERRULING 40 REPORT AND RECOMMENDATIONS re 16 dft's Motion to Dismiss/Lack of Jurisdiction; be granted and this action be dismissed as to this dft; pursuant to courtroom minutes dated 1/7/05; #46 by Judge Phillip S. Figa on 1/7/05. (dlb, )

ORDER setting Scheduling Conference set for 1/27/2005 04:00 PM in Courtroom A 602 before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 1/10/05. (dlb, ) (Entered: 01/13/2005)

OBJECTIONS to Discovery by Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (lam, ) (Entered: 01/28/2005)

RESPONSE to 48 Dfts' Objection to Discovery, by Plaintiff Mark Jordan. (pap, ) (Entered: 02/01/2005)

Pla's Memorandum of Law on Admissibility of Extrinsic Evidence in the Context of Proceedings under 5 USC 706 (Judicial Review of Agency Action). (pap, ) (Entered: 02/01/2005)

Minute Entry for proceedings held before Judge Phillip S. Figa : Scheduling Conference held on 1/27/2005; Final Pretrial Conference set for 9/16/2005 04:00 PM in Courtroom A 602 before Judge Phillip S. Figa. Dispositive Motion Hearing set for 8/11/2005 02:00 PM in Courtroom A 602 before Judge Phillip S. Figa. (Court Reporter Darlene Martinez.) (lam, ) (Entered: 02/02/2005)

SCHEDULING ORDER: Discovery due by 6/30/2005. Dispositive Motions due by 7/20/2005. Signed by Judge Phillip S. Figa on 2/8/05. (gms, ) (Entered: 02/14/2005)

NOTICE of Change of Address by Edward T. Ramey counsel for the Plaintiff. (pap, ) (Entered: 03/21/2005)

ANSWER to Complaint by Robert A. Hood, Mary H. Sosa.(pap, ) (Entered: 03/21/2005)

Unopposed MOTION to Amend/Correct/Modify 52 Scheduling Order by Plaintiff Mark Jordan. (Attachments: # 1 Exhibit Exhibit A to Unopposed Motion for Modification of Scheduling Order# 2 Proposed Order (PDF Only) Proposed Order Granting Modification of Scheduling Order)(Ramey, Edward) (Entered: 06/23/2005)

1 Exhibit Exhibit A to Unopposed Motion for Modification of Scheduling Order

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2 Proposed Order (PDF Only) Proposed Order Granting Modification of Scheduling Ord

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MEMORANDUM referring to Magistrate Judge Watanabe : 55 Unopposed MOTION to Amend/Correct/Modify 52 Scheduling Order filed by Plaintiff Mark Jordan by Judge Phillip S. Figa on 6/23/05. (Text Only Entry - No Document Attached)(lam, ) (Entered: 06/23/2005)

ORDER granting Unopposed 55 Motion for Modification of Scheduling Order, discovery cutoff extended to 8/31/05, dispositive motion ddl extended to 9/20/05. Hearing on dispositive motions set 8/11/05 is vacated and reset to 11/10/05 at 9:00 a.m. Signed by Judge Phillip S. Figa on 6/27/05. (gms, )

Unopposed MOTION to Amend/Correct/Modify 52 Scheduling Order by Plaintiff Mark Jordan. (Attachments: # 1 Proposed Order (PDF Only))(Ramey, Edward) (Entered: 08/29/2005)

1 Proposed Order (PDF Only)

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Minute ORDER granting Plaintiff's 58 Second Unopposed Motion for Modification of Scheduling Order, by Judge Phillip S. Figa on 8/30/05. (emksl, )

MINUTE ORDER regarding Plaintiff's 58 Second Unopposed MOTION to Modify 52 Scheduling Order. Final Pretrial Conference reset for 12/5/2005 09:00 AM before Judge Phillip S. Figa, by Judge Phillip S. Figa on 8/31/05. (emksl, ) (Entered: 09/01/2005)

NOTICE of Stipulation to Take Depositions by Telephone by Plaintiff Mark Jordan (Ramey, Edward) (Entered: 09/13/2005)

MOTION for Partial Summary Judgment by Plaintiff Mark Jordan. (Ramey, Edward) (Entered: 10/20/2005)

BRIEF in Support re 62 MOTION for Partial Summary Judgment filed by Plaintiff Mark Jordan. (Attachments: # 1 Appendix Loftness depo excerpts# 2 Appendix Lee depo excerpts# 3 Appendix Sosa depo excerpts# 4 Appendix BOP docs 1# 5 Appendix BOP docs 2# 6 Appendix Program Statement)(Ramey, Edward) (Entered: 10/20/2005)

1 Appendix Loftness depo excerpts

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2 Appendix Lee depo excerpts

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3 Appendix Sosa depo excerpts

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4 Appendix BOP docs 1

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5 Appendix BOP docs 2

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6 Appendix Program Statement

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NOTICE re 63 Brief in Support of Motion, by Plaintiff Mark Jordan (Ramey, Edward) (Entered: 10/25/2005)

ORDER: Final Pretrial Conference reset for 12/6/2005 08:15 AM before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 11/3/05. (emksl, )

Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Partial Summary Judgment by Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Pharo, William) (Entered: 11/15/2005)

1 Proposed Order (PDF Only)

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ORDER granting Defendant's 66 Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Partial Summary Judgment to 11/23/05. Signed by Judge Phillip S. Figa on 11/16/05. (emksl, ) (Entered: 11/16/2005)

Unopposed MOTION For Extension of Time to respond to Partial Motion for Summary Judgment 62 and to Vacate Hearing by Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Pharo, William) (Modified on 11/25/2005 to create linkage) (gms, ). (Entered: 11/23/2005)

Docket Annotation re: 68 Unopposed MOTION For Extension of Time to and to Vacate Hearing. This docket entry was modified to create a linkage to Doc #62. Text only entry - no document attached. (gms, ) (Entered: 11/25/2005)

ORDER granting 68 Defendant's Unopposed Motion for Extension of Time to 12/2/05 and to Vacate hearing. Pretrial Conference reset 1/20/06 at 8:30 a.m. Signed by Judge Phillip S. Figa on 11/28/05. (emksl, ) (Entered: 11/28/2005)

Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Partial Summary Judgment by Defendants Robert A. Hood, Mary H. Sosa and Federal Bureau of Prisons. (Pharo, William) (Modified on 12/5/2005 to add FBOP as filer)(gms, ). (Entered: 12/02/2005)

Docket Annotation re: 71 Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Partial Summary Judgment. This docket entry was modified to add FBOP as a filer. Text only entry - no document attached. (gms, ) (Entered: 12/05/2005)

ORDER granting 71 Defendants' Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Partial Summary Judgment to 12/12/05. Signed by Judge Phillip S. Figa on 12/6/05. (emksl, ) (Entered: 12/06/2005)

RESPONSE to Motion re 62 MOTION for Partial Summary Judgment filed by Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2)(Pharo, William) (Entered: 12/12/2005)

1 Exhibit A-1

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2 Exhibit A-2

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SPECIAL ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe for Settlement Conference by Judge Figa. (lam, ) (Entered: 12/14/2005)

MINUTE ORDER setting Settlement Conference for 1/13/2006 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 12/14/05. (lam, ) (Entered: 12/14/2005)

Mail Returned as Undeliverable re: 67 Order on Motion for Extension of Time to File Response/Reply. Addressed to Case Mgr of Mark Jordan. (emksl, ) (Entered: 12/16/2005)

Mail Returned as Undeliverable re: 75 Order Referring Case to Magistrate Judge. Addressed to Case Mgr. Mark Jordan. (emksl, ) (Entered: 12/23/2005)

MOTION for Leave to File Reply in Support of Motion for Partial Summary Judgment Two Day Late 62 by Plaintiff Mark Jordan. (Attachments: # 1 Proposed Order (PDF Only) # 2 Proposed Document Plaintiff's Reply in Support of His Motion for Partial Summary Judgment)(Ramey, Edward) Modified on 12/30/2005 to add docket link (emksl, ). (Entered: 12/29/2005)

1 Proposed Order (PDF Only)

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2 Proposed Document Plaintiff's Reply in Support of His Motion for Partial Su

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NOTICE of Change of Address For Plaintiff by Edward T. Ramey (Ramey, Edward) (Entered: 12/29/2005)

ORDER granting 79 Plaintiff's Motion for Leave to File Reply in Support of Motion for Partial Summary Judgment Two Days Late. Signed by Judge Phillip S. Figa on 12/30/05. (emksl, )

REPLY to Response to Motion re 62 MOTION for Partial Summary Judgment filed by Plaintiff Mark Jordan pursuant to Order of 12/30/05. (emksl, ) (Entered: 12/30/2005)

MINUTE ORDER: Settlement Conference reset for 1/25/2006 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 1/5/06. (emksl, ) (Entered: 01/05/2006)

ORDER: Final Pretrial Conference reset for 2/21/2006 10:30 AM before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 1/10/06. (emksl, )

MINUTE ORDER: Settlement Conference reset for 1/24/2006 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 1/24/06. (gms, ) (Entered: 01/24/2006)

Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe : Settlement Conference held on 1/24/2006; no record was made. (lam, ) (Entered: 01/25/2006)

Proposed Pretrial Order by Plaintiff Mark Jordan, Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Ramey, Edward) (Entered: 02/14/2006)

ORDER rejecting the 87 Proposed Pretrial Order filed by Federal Bureau of Prisons, Mark Jordan, Robert A. Hood, Mary H. Sosa. Stipulations and revised proposed pretrial order due in advance of final pretrial conference set 2/21/06. Signed by Judge Phillip S. Figa on 2/14/06. (gms, )

ORDER directing Plaintiff to make monthly filing fee payment or to show cause. Plaintiff is to make monthly payments or to show cause why he cannot.. Signed by Magistrate Judge Michael J. Watanabe on 02/15/06. (rlp2, )

Proposed Pretrial Order by Plaintiff Mark Jordan, Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Ramey, Edward) (Entered: 02/17/2006)

Minute Entry-Courtroom Mintues for proceedings held before Judge Phillip S. Figa:Final Pretrial Conference held on 2/21/2006. Administrative Record due 4/7/06. Adm Plaintiffs Brief due by 4/21/2006. Adm Defendants Brief due by 4/21/2006. Three-day bench trial set for 6/12/2006 09:30 AM before Judge Phillip S. Figa. (Court Reporter Leslie Lynn) (psfcd) (Entered: 02/21/2006)

FINAL PRETRIAL ORDER : Motion for Partial Summary Judgment pending, Discovery complete. Estimated two day Bench Trial set for 6/12/2006 09:30 AM in Courtroom A 602 before Judge Phillip S. Figa. Administrative record shall be filed by 04/07/06. Signed by Judge Phillip S. Figa on 02/21/06. (rlp, ) (Entered: 02/22/2006)

ORDER re: 89 Order to Show Cause VACATED. Signed by Magistrate Judge Michael J. Watanabe on 03/06/06. (rlp, )

ADMINISTRATIVE RECORD by Defendants Robert A. Hood, Mary H. Sosa, Federal Bureau of Prisons. (Text Only Entry - Available in other format at the Clerk's Office) (gms, ) (Entered: 04/07/2006)

BRIEF in Support re 62 MOTION for Partial Summary Judgment (Supplemental) filed by Plaintiff Mark Jordan. (Ramey, Edward) (Entered: 04/21/2006)

BRIEF Defendants' Administrative Procedure Act Brief by Defendants Robert A. Hood, Robert (I) A. Hood, Mary H. Sosa, Mary (I) H. Sosa, Federal Bureau of Prisons. (Pharo, William) (Entered: 04/21/2006)

ORDER setting Final Trial Preparation Conference for 6/7/2006 at 02:30 PM before Judge Phillip S. Figa, confirming that a three day trial to the Court is scheduled for 06/12/06 at 9:30 a.m., Signed by Judge Phillip S. Figa on 06/05/06. (rlp, )

Minute Entry for proceedings held before Judge Phillip S. Figa : Trial Preparation Conference held on 6/7/2006, Joint Exhibits 1, 2, 3, 4, 5, 6 and 7 are RECEIVED. Defendants' witnesses may appear by video conferencing as stipulated by counsel. Counsel may submit stipulations to what their testimony will be. Counsel shall submit their designations as to depositions before trial. Trial shall commence at 9:30 a.m. on June 12, 2006.(Court Reporter Darlene Martinez.) (rlp, ) (Entered: 06/15/2006)

AMENDED Minute Entry for proceedings held before Judge Phillip S. Figa : denying 62 Motion for Partial Summary Judgment; Trial Preparation Conference held on 6/7/2006, see docket 101, minutes amended as to motion. (Court Reporter Darlene Martinez.) (rlp, ) (Entered: 09/14/2006)