Case: Mast v. Indiana Department of Corrections

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

Mast v. Donahue

COMPLAINT for Declaratory and Injunctive Relief against J. DAVID DONAHUE, CRAIG HANKS , filed by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 (2) (3) (NKD, ) (Entered: 02/03/2005)

CIVIL COVER SHEET by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

Summons Issued as to J. DAVID DONAHUE, CRAIG HANKS, STEVE CARTER. (NKD, ) (Entered: 02/03/2005)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (NKD, ) (Entered: 02/03/2005)

MAGISTRATE JUDGE'S Summary of CMP Notice (NKD, ) (Entered: 02/03/2005)

RECEIPT #201−1137 in the amount of $ 150.00 filing fee. (NKD, ) (Entered: 02/03/2005)

MOTION for Class Certification by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

MEMORANDUM in Support re 7 MOTION for Class Certification filed by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

NOTICE of Appearance by Richard M. Bramer on behalf of J. DAVID DONAHUE, CRAIG HANKS (Bramer, Richard) (Entered: 02/14/2005)

RETURN of Service by CMRRR J. DAVID DONAHUE served on 2/8/2005. (NKD, ) (Entered: 02/16/2005)

RETURN of Service by CMRRR CRAIG HANKS served on 2/7/2005. (NKD, ) (Entered: 02/16/2005)

RETURN of Service by CMRRR Steve Carter, Attorney General of State of Indiana. (NKD, ) (Entered: 02/16/2005)

MOTION for Extension of Time to March 28, 2005 in which to 1 Complaint to be answered by all defendants. (Attachments: # 1 Text of Proposed Order)(Bramer, Richard) (Entered: 02/28/2005)

ORDER granting 13 Defendants' Motion for Extension of Time to File response to Plaintiff's Complaint to and including 3/28/2005 . Signed by Judge William G. Hussmann Jr. on 3/1/2005. (FBD) (Entered: 03/01/2005)

NOTICE of Change of Address of Co−Counsel by Kenneth J. Falk (Falk, Kenneth) (Entered: 03/07/2005)

NOTICE of Filing Proposed Order by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/08/2005)

NOTICE of Filing of Substitute Proposed Order by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/09/2005)

ORDER granting plaintiffs' 7 Motion to Certify Class; it is ORDERED that this case is certified as a class for injunctive and declaratory relief; it is further ORDERED that class is defined as; all prisoners currently, and in the future, confined within the Secured Housing Unit at the Wabash Valley Correctional Facility who are mentally ill; it is further ORDERED that Kenneth J. Falk and David C. Fathi are appointed as counsel for class pursuant to Rule 23(g) of Federal Rules of Civil Procedure. Signed by Judge Larry J. McKinney on 03/10/05. cm (NKD, ) (Entered: 03/10/2005)

Second MOTION for Extension of Time to March 30, 2005 to answer Plaintiffs' Complaint by all defendants. (Attachments: # 1 Text of Proposed Order)(Bramer, Richard) (Entered: 03/28/2005)

ANSWER to Complaint and affirmative defenses by J. DAVID DONAHUE, CRAIG HANKS.(Bramer, Richard) (Entered: 03/30/2005)

ORDER granting 19 Defendant, Deputy Attorney General's Motion for Extension of Time to File answer to Plaintiff's Complaint to and including 3/30/2005 . Signed by Judge William G. Hussmann Jr. on 3/31/2005. (FBD) (Entered: 03/31/2005)

NOTICE by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS Following Rule 26(f) Conference Outlining Discovery Plan (Falk, Kenneth) (Entered: 03/31/2005)

NOTICE of Service of Initial Disclosures by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS (Falk, Kenneth) (Entered: 04/08/2005)

NOTICE of Substitution of Appearance by David A. Arthur replacing Richard M. Bramer, Deputy Attorney General on behalf of J. DAVID DONAHUE, CRAIG HANKS (Arthur, David) (Entered: 05/09/2005)

NOTICE of Appearance by Todd A. Weaver on behalf of J. DAVID DONAHUE, CRAIG HANKS (Weaver, Todd) (Entered: 05/17/2005)

STIPULATION to Enter Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act (Joint) by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/20/2005)

Unopposed MOTION to Give Notice to Class by all plaintiffs. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A − Class Notice)(Falk, Kenneth) (Entered: 05/20/2005)

ORDER GRANTING Joint Stipulation to Enter Qualified Protective Order. (SEE ENTRY). Signed by Judge William G. Hussmann Jr. on 5/25/2005. (FBD) (Entered: 05/25/2005)

ORDER DIRECTING NOTICE TO PLAINTIFF CLASS (SEE ENTRY). Signed by Judge William G. Hussmann Jr. on 5/25/2005. (FBD) (Entered: 05/25/2005)

SCHEDULING ORDER: TELEPHONIC Status Conference set for 8/24/2005 02:00 PM before Magistrate Judge William G. Hussmann Jr . Signed by Judge William G. Hussmann Jr. on 6/13/05. (TMD) (Entered: 06/13/2005)

MOTION reqeust for copy of court record by BRIAN MAST. (VS, ) (Entered: 06/23/2005)

STIPULATION −Joint Supplemental− to Enter Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/28/2005)

ENTRY directing furhter proceedings; counsel for plaintiff shall respond appropriately to request for putative class member Dominguez regarding action; request has been filed and scanned into the clerk's docket. Signed by Judge Larry J. McKinney on 06/28/05. (VS, ) (Entered: 06/28/2005)

Qualified PROTECTIVE ORDER Pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge William G. Hussmann Jr. on 6/29/05. (TMD) (Entered: 06/29/2005)

NOTICE by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS Concerning Matthew Dominguez (Falk, Kenneth) (Entered: 07/01/2005)

MOTION for transfer to another facility by BRIAN MAST. (NKD, ) (Entered: 08/09/2005)

ENTRY directing further proceedings; denying 37 Motion to transfer to another prison. Signed by Judge Larry J. McKinney on 08/18/05. (VS, ) (Entered: 08/18/2005)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Status Conference held on 8/24/2005. Parties are directed to file joint CMP by 9/09/05. (TMD) (Entered: 09/01/2005)

CASE MANAGEMENT PLAN TENDERED by all plaintiffs. (Attachments: # 1 Mag. Judge's Summary of Case Mgt. Plan)(Falk, Kenneth) (Entered: 09/07/2005)

ORDER: CASE MANAGEMENT PLAN APPROVED. SCHEDULING ORDER:The Conference set 8/24/05 WAS HELD. Settlement Conference set for 3/16/2006 10:00 AM in room #210 before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 9/12/05. (TMD) (Entered: 09/13/2005)

Witness List and Exhibit List −Preliminary− by all plaintiffs. (Falk, Kenneth) (Entered: 10/11/2005)

Exhibit List and Witness List by J. DAVID DONAHUE, CRAIG HANKS.. (Arthur, David) (Entered: 11/10/2005)

Joint MOTION to Extend Case Management Deadlines by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/29/2005)

MOTION to Establish Trial Date by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/29/2005)

ORDER granting 45 Motion for order to establish trial date. Court Trial set for 7/10/2006 09:30 AM in room #215 before Judge Larry J. McKinney. Signed by Judge William G. Hussmann Jr. on 1/04/06. (TMD) (Entered: 01/04/2006)

ORDER granting 44 Motion to Extend Case Management Deadlines . Signed by Judge William G. Hussmann Jr. on 1/04/06. (TMD) (Entered: 01/04/2006)

Minute Entry on unscheduled conference call held 1/06/06:Court Trial set for 7/10/06 is VACATED AND RESET to 8/28/2006 (7 days) at 09:00 AM in room #215 before Judge Larry J. McKinney. The settlement conference set 3/16/06 is confirmed. Signed by Judge William G. Hussmann Jr. on 1/12/06. (TMD) (Entered: 01/12/2006)

Unopposed MOTION for Extension of Time to April 4, 2006 to Serve Expert Reports by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/23/2006)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 3/16/2006. Current trial setting of 8/28/06 is CONFIRMED. Defendants counsel is directed to make arrangements to have the first day of the trial conducted at the Wabash Valley CorrectionalFacility in Carlisle, Indiana, commencing at 9:00 a.m. (EDT), and to have thesecond day of the trial (August 29, 2006) conducted at the New CastleCorrectional Facility in New Castle, Indiana, commencing at 9:00 a.m. (EDT). Allsubsequent days of the trial will be conducted in Courtroom 202 of the U.S.Courthouse in Indianapolis, Indiana. (TMD) (Entered: 03/24/2006)

ORDER granting plaintiffs' 49 Motion for Extension of Time; plaintiffs are to serve their expert reports no later than 04/04/06, with defendant to file their reports 30 days thereafter . Signed by Judge Larry J. McKinney on 03/28/06. (NKD, ) (Entered: 03/28/2006)

NOTICE by all plaintiffs of Service of Experts' Reports on Defendants (Falk, Kenneth) (Entered: 04/04/2006)

Unopposed MOTION for Extension of Time to 05/05/2006 to file witness and exhibit lists by J. DAVID DONAHUE, CRAIG HANKS. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 04/27/2006)

ORDER granting 53 Motion for Extension of Time to File witness and exhibit lists to 05/05/06 . Signed by Judge Larry J. McKinney on 05/02/06. (VS, ) (Entered: 05/02/2006)

Joint MOTION to Extend Case Management Deadlines So That Parties May Pursue Settlement by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/05/2006)

ORDER granting 56 Motion to Extend Case Management Deadline. Final witness and exhibit list and expert disclosure due 6/09/06. Dispositive Motions due by 7/7/2006. Motions to preclude or limit expert testimony shall be filed no later than 8/11/06. Parties shall file a status report concerning settlement no later than 6/05/06. Signed by Judge William G. Hussmann Jr. on 5/10/06. (TMD) (Entered: 05/10/2006)

SCHEDULING ORDER: Final Pretrial Conference set for 8/11/06 at 11:00 AM in room #204 before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 05/10/06. (GJQ) (Entered: 05/10/2006)

STATUS REPORT (Joint) by all plaintiffs. (Falk, Kenneth) (Entered: 06/05/2006)

Order on Attorney Conference call held 5/31/06. Settlement Conference set for 7/6/2006 09:30 AM in room #210 before Magistrate Judge William G. Hussmann Jr. Current trial setting of 8/28/06 remains on calendar. Other internal litigation deadlines are STAYED until a settlement conference can be held. Signed by Judge William G. Hussmann Jr. on 6/05/06. (TMD) (Entered: 06/05/2006)

ORDER APPROVING 59 Status Report filed by BRIAN MAST,, MICHAEL WOODS,, EUGENE WELLS. Settlement conference set 7/6/06 at 9:30 am. Signed by Judge William G. Hussmann Jr. on 6/09/06. (TMD) (Entered: 06/09/2006)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 7/6/2006. (SMD) (Entered: 07/21/2006)

SCHEDULING ORDER: Status Conference set for 7/24/2006 01:30 PM Telephonic before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 7/20/06. (SMD) (Entered: 07/21/2006)

MOTION to Withdraw as Attorney by J. DAVID DONAHUE, CRAIG HANKS. (Attachments: # 1 Text of Proposed Order)(Weaver, Todd) (Entered: 07/25/2006)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Status Conference held on 7/24/2006. (TMD) (Entered: 07/25/2006)

SCHEDULING ORDER: Final pre−trial conference set 8/11/06 and trial date of 8/28/06 are VACATED. Bench Trial set (7 days) for 11/13/2006 09:00 AM in room #215 before Judge Larry J. McKinney. Final Pretrial Conference set for 10/19/2006 11:00 AM in room #204 before Judge Larry J. McKinney. Settlement Conference set for 8/28/2006 01:30 PM in room #328 before Magistrate Judge William G. Hussmann Jr. Discovery due by 9/22/2006. Signed by Judge William G. Hussmann Jr. on 7/25/06. (TMD) (Entered: 07/25/2006)

ORDER granting 63 Motion to Withdraw as Attorney. Apppearance of Todd A. Weaver for defendants is withdrawn. Signed by Judge William G. Hussmann Jr. on 7/26/06. (TMD) (Entered: 07/26/2006)

MOTION for Defendants to Bring a Representative of the New Castle Correctional Facility to October 11, 2006 Settlement Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/25/2006)

ORDER granting 66 Motion for Defendants to Bring a Representative of the New Castle Correctional Facility to the 10/11/06 Settlement Conference. Signed by Judge William G. Hussmann Jr. on 10/5/06. (SMD) (Entered: 10/05/2006)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Status Conference held on 9/13/2006. (SMD) (Entered: 10/05/2006)

Joint MOTION for Continuance of Trial and Final Pre−Trial Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/11/2006)

ENTRY for 10/11/06: The parties appeared in person and by counsel for Settlement Conference. Conference held and concluded w/o resolution., SCHEDULING ORDER:Settlement Conference set for 11/6/2006 01:30 PM in room #355 before Magistrate Judge John Paul Godich. The parties were ordered to appear in person and by counsel and Defts were ordered to produce CMA representatives. Signed by Judge John Paul Godich on 10/11/06. (SWM) (Entered: 10/13/2006)

ORDER granting 69 Motion for Continuance. Trial set 11/13/06 and final pretrial conference set 10/19/06 are VACATED. TElephonic Status Conference set for 1/3/2007 05:00 PM (bridge) before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 10/12/06. (TMD) (Entered: 10/13/2006)

ORDER: The parties appeared by counsel for Telephone Status Conference on 12/6/06. SCHEDULING ORDER: Status Conference set for 12/22/2006 11:00 AM in room #355 before Magistrate Judge John Paul Godich. Pltfs are ordered to appear by counsel. Defts are ordered to appear by counsel and with appropriate representatives of the IDOC. Signed by Judge John Paul Godich on 12/7/06. (SWM) (Entered: 12/08/2006)

SCHEDULING ORDER: Status Conference set for 1/23/2007 01:30 PM in room #355 before Magistrate Judge John Paul Godich. Defts are ordered to produce CMA representatives in person. Signed by Judge John Paul Godich on 1/4/07. (SWM) (Entered: 01/05/2007)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Status Conference held on 1/3/2007. By separate order, a settlement conference has been set before Magistrate John Paul Godich on 1/23/07. (NRN) (Entered: 01/19/2007)

NOTICE, filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS of Tendering of Private Settlement Agreement . (Attachments: # 1 Private Settlement Agreement) (Falk, Kenneth) (Entered: 01/30/2007)

MOTION to Approve Form and Manner of Class Notice and Request to Set Fairness Hearing , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Class Notice# 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/30/2007)

ORDER granting 76 Motion APPROVED and shall be given as specified in paragraphs 25 and 26 of private settlement agreenent Hearing set for 3/30/2007 10:00 AM in room #215 before Judge Larry J. McKinney.. Signed by Judge Larry J. McKinney on 02/05/07. (VS) (Entered: 02/05/2007)

Letter from Nathan Gaustad regarding case status. (PG) (Entered: 02/09/2007)

MOTION for Continuance of Fairness Hearing/Report of Class Counsel , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Summary of Prisoner Comments# 2 Prisoner Comments Pt 1# 3 Prisoner Comments Pt. 2# 4 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/20/2007)

ORDER granting 79 Motion for ContinuanceSCHEDULING ORDER: Hearing set for 6/6/2007 10:00 AM in room #202 before Judge Larry J. McKinney.. Signed by Judge Larry J. McKinney on 03/22/07. (VS) (Entered: 03/22/2007)

MOTION for Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/10/2007)

Letter Regarding case − Oscar Smith # 861084 (VS) (Entered: 04/16/2007)

SCHEDULING ORDER: Fairness Hearing set for 6/06/07 is VACATED AND RESET to 9/7/2007 10:00 AM in room #202 before Judge Larry J. McKinney. Signed by Judge William G. Hussmann Jr. on 5/25/07. (TMD) (Entered: 05/25/2007)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Pretrial Conference held on 5/18/2007. (TMD) (Entered: 06/01/2007)

Letter received from Steven o'Bryant concerning settlement of case (VS) (Entered: 07/12/2007)

MOTION for Attorneys' Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order Order No. 1# 2 Text of Proposed Order Order No. 2)(Falk, Kenneth) (Entered: 08/13/2007)

ORDER granting 86 Motion for Attorneys' Conference. Telephonic conference of attorneys is set for 8/28/2007 09:30 AM (bridge) before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 8/15/07. (TMD) (Entered: 08/15/2007)

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Status Conference held on 8/28/2007. (SMD) (Entered: 08/31/2007)

SCHEDULING ORDER:Fairness Hearing set for 9/7/07 VACATED and RESET for 9/21/2007 10:00 AM in room #202 in Indianapolis before Judge Larry J. McKinney. Signed by Judge William G. Hussmann Jr. on 8/31/07. (SMD) (Entered: 08/31/2007)

CORRECTING ORDER: Fairness Hearing set for 9/07/07 is RESET to 11/21/2007 10:00 AM in room #202 before Judge Larry J. McKinney. Signed by Judge William G. Hussmann Jr. on 9/05/07. (TMD) (Entered: 09/05/2007)

MOTION to Appear pro hac vice by Elizabeth Alexander, filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Text of Proposed Order)(PG) (Entered: 09/18/2007)

*VOIDED* RECEIPT #IP 3275 in the amount of $ 30.00 for phv fee, Alexander (PG) Modified on 9/19/2007 (WJC). Modified on 9/19/2007 (WJC). (Entered: 09/18/2007)

RECEIPT #TH 000178 in the amount of $ 30.00 FOR (Elizabeth Alexader) PHV (VS) (Entered: 09/20/2007)

NOTICE of Substitution of Appearance by Kenneth J. Falk replacing David Fathi on behalf of all plaintiffs (Falk, Kenneth) (Entered: 09/21/2007)

ORDER granting 90 Motion to Appear pro hac vice. Attorney Elizabeth Alexander for BRIAN MAST, EUGENE WELLS and MICHAEL WOODS added. Signed by Judge William G. Hussmann Jr. on 9/24/07. (TMD) Modified on 9/24/2007 (TMD). (Entered: 09/24/2007)

NOTICE (JOINT) of Substitution of Attachment to Private Settlement Agreement and Plaintiffs' Motion to Approve Form and Manner of Notice to the Class , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS (Attachments: # 1 class notice# 2 Executive Directive# 3 Text of Proposed Order) (Falk, Kenneth) (Entered: 10/18/2007)

Letter Regarding medications − James Snodgrass (VS) (Entered: 10/19/2007)

ORDER granting plaintiff's Motion to Approve Form and Manner of Supplemental Notice to the Class; supplemental notice to the class is approved; notice shall be given and class counsel shall file their report as provided in Motion. Signed by Judge Larry J. McKinney on 10/19/07. (NKD) (Entered: 10/22/2007)

Submission of Entry concerning case, filed by Plaintiff BRIAN MAST. (NKD) (Entered: 10/25/2007)

Submission Report of Class Counsel Following Notice to the Class , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Attachment − Prisoner letters)(Falk, Kenneth) (Entered: 11/19/2007)