Case: Does v. Stewart

Mona Lynch

Debbie A. Hill, Larry Hammond, Bruce Skolnik, Steve Martin, & Donna Clement

NOTICE of Assignment that plaintiff submitted IFP request; that case is assigned to Judge Charles L. Hardy and is referred to Mag Judge Barry G. Silverman and Court Clerk's Legal Staff for review. (cc: Atty of Record) (TLJ) (Entered: 02/23/1996)

MOTION for preliminary injunction by pla John Does 1-5 [5-1], for permanent injunction relief by pla [5-2] (former emp) Modified on 10/18/1996 (Entered: 03/29/1996)

ORDER by Mag Judge Barry G. Silverman: scheduling conf set for 1:30 3/22/96, before Judge Charles L. Hardy FUR each side exchange/submit agenda for conf nlt 3/15/96 (cc: all counsel) (former emp) (Entered: 02/29/1996)

ANSWER of dft Terry Stewart (former emp) (Entered: 03/15/1996)

RESPONSE by dft Terry Stewart to motion for preliminary & permanent injunctive relief by pla John Does 1-5 [5-1] (former emp) (Entered: 03/15/1996)

MOTION for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 03/29/1996)

(NOTICE) Statement of legal issues in this matter by plas John Does 1-5 (former emp) (Entered: 03/19/1996)

MEMORANDUM by dft re class certification issues (former emp) (Entered: 03/20/1996)

MOTION to schedule settlement conference by pla John Does 1-5 [15-1] (former emp) (Entered: 03/21/1996)

MINUTE ENTRY Judge Inits: CLH; Crt Rptr: Vicki Reger; scheduling conf held; ORD dfts respond by 4/4/96 to motion for class certification by pla John Does 1-5 [11-1] & hearing set at 1:30 4/15/96; setting motion for preliminary injunction & motion for permanent injunction relief by pla [5-1&2] at 10:00 6/3/96 (motion to schedule settlement conference pla John Does 1-5 [15-1] terminated as moot) [cc: All counsel] [16-1] (former emp) (Entered: 03/29/1996)

STIPULATION to extend time in wch to file reply to mtn for prelimnry & permnt inj relief (former emp) Modified on 04/01/1996 (Entered: 04/01/1996)

RESPONSE by dft Terry Stewart to motion for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 04/08/1996)

REPLY in support by pla John Does 1-5 of motion for preliminary injunction by pla John Does 1-5 [5-1], motion for permanent injunction relief by pla [5-2] (former emp) (Entered: 04/08/1996)

MEMORANDUM OPINION AND ORDER: by Judge Charles L. Hardy: granting motion for class certification by pla John Does 1-5 [11-1]; class to consist of all protective segregation inmates now or in future may be classified & who have not executed the affidavit contemplated by this order; FUR class action confined to issues (as specifically set forth herein); FUR actions now filed or in the future to be filed by class members & assigned to this court purs to Gen Orders 251 & 255 are stayed & all motions currently pending are denied w/o prej pending resolution of this case... (see doc for full details) (cc: all counsel) (former emp) (Entered: 04/18/1996)

NOTICE by dft Terry Stewart of substitution of affidavit filed with deft's response to plas' motion for class certification (former emp) (Entered: 04/25/1996)

ORDER by Judge Charles L. Hardy: sealing of this case purs to Gen Order #256 lifted; FUR court reserves right sua sponte or upon the request of ptys, to seal particular documents & filings in this action (cc: all counsel) re: order [31-1] (former emp) (Entered: 04/25/1996)

REPLY by pla to response to motion for class certification by pla John Does 1-5 [11-1] (former emp) (Entered: 04/25/1996)

STIPULATION re extension of discovery cutoff deadline (all parties) (former emp) (Entered: 05/03/1996)

STIPULATION (to seal this case) (all parties) (former emp) (Entered: 05/07/1996)

Stipulated MOTION for continuance (of trial date) with request for scheduling conference [66-1] (former emp) (Entered: 05/24/1996)

ORDER by Mag Judge Barry G. Silverman granting motion for continuance (of trial date) with request for scheduling conference [66-1] trial date of 6/3/96 is vacated; prel scheduling conf set for 1:30 6/3/96, before Mag Judge Barry G. Silverman (cc: all counsel) (former emp) (Entered: 05/28/1996)

ORDER by Judge Charles L. Hardy: all notices of change of address filed in this action by individual class members stricken (striking 44-46, 49-54, 62-65, 69); FUR clerk reenter notices & this order in the corresponding individual suits of each pltf (cc: all counsel) (former emp) (Entered: 06/03/1996)

ORDER by Mag Judge Barry G. Silverman ; settlement conference set for 8:30 8/12/96 & 8/13/96, before Mag Judge Barry G. Silverman ...; at least 3 dys prior to conf, ptys LODGE DIRECTLY W/MAG JDG a settlmnt conf stmt...(see doc for full details) (cc: all counsel) (former emp) (Entered: 06/06/1996)

MOTION for summary judgment by dft [126-1] (former emp) (Entered: 08/29/1996)

STATEMENT OF FACTS by dft re motion for summary judgment by dft [126-1] (former emp) (Entered: 08/29/1996)

MOTION in limine re testimony of plas' listed expert Mary P Durand by dft Terry Stewart [132-1] (LAD) (Entered: 09/04/1996)

MOTION in limine re testimony of Court appointed expert Charles Montgomery by dft Terry Stewart [133-1] (LAD) (Entered: 09/04/1996)

MOTION in limine re the designation of Donna Hamm as an expert witness by dft Terry Stewart [134-1] (LAD) (Entered: 09/04/1996)

RESPONSE by pla to motion in limine re the designation of Donna Hamm as an expert witness by dft Terry Stewart [134-1] (former emp) (Entered: 09/09/1996)

RESPONSE by pla to motion for summary judgment by dft [126-1] (former emp) (Entered: 09/10/1996)

STATEMENT OF FACTS by pla re motion response (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 09/10/1996)

REPLY by pla to response to motion for summary judgment by dft [126-1] (w/Ex A, Depo of Charles M Montgomery Jr) (former emp) Modified on 09/18/1996 (Entered: 09/18/1996)

Proposed FINDINGS OF FACT by deft (former emp) (Entered: 11/05/1996)

Conclusions of law by deft (former emp) (Entered: 11/05/1996)

ORDER by Judge Charles L. Hardy: GRANTING class pltfs' application for injunctive relief insofar as it seeks to enjoin the transfer of inmates in protective seg to the general population in maximum security units--units designated for housing in general population w/public or institutional risk scores of 4 or higher. DENYING class pltfs' app for inj relief insofar as it seeks to enjoin the transfer of inmates in protective seg to the general population in medium and minimum security units--units designated for housing general population inmates w/public or institutional scores of 3 or lower. Dft, Terry Stewart, is permanently enjoined from transferring inmates in prot seg to the gen population in maximum sec units for housing general population inmates w/public or institutional risk scores of 4 or higher. Dft give ntc of the Crt's Order to all mbrs of the pltf class by mailing cys to the named class pltfs and making this order available in all prison law libraries where protective seg inmates are currently housed. The stays issued in all the individual actions filed by mbrs of the class be lifted and that this order be filed in all those individual actions. (cc: all cnsl) (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 12/06/1996)

MOTION to modify order concerning providing notice of order to class members by pla [336-1] (former emp) (Entered: 12/11/1996)

MOTION to stay 12/6/96 order by pla [337-1] (former emp) (Entered: 12/11/1996)

ORDER by Judge Charles L. Hardy granting motion to modify order concerning providing notice of order to class members by pla [336-1]; order of 12/2/96...is modified to provide that pla's cnsl shall be responsible for giving notice by furnishing a copy of the order to all class members; copy of this order be filed in each individual action (cc: all counsel) (former emp) Modified on 12/12/1996 (Entered: 12/12/1996)

ORDER by Judge Charles L. Hardy: order of 12/6/96 re filing of stmt w/i 45 days...is stayed pending ruling on pla's mtn to alter or amend injunction; copy of this order be filed in each individual action stay deadline set for 4/11/97, case stayed (cc: all counsel) (former emp) (Entered: 12/12/1996)

MOTION for new trial by dft [351-1], and to amend judgment and/or clarification of order by dft [351-2] (former emp) (Entered: 12/24/1996)

MOTION to alter or amend judgment by pla [352-1] (oral argument requested) (former emp) (Entered: 12/24/1996)

MOTION for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 12/24/1996)

SUPPLEMENT to mtn for award of attys' fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 12/24/1996)

ORDER (CLH): The Crt's Order of 12/2/96 332 granting in part and denying in part pltfs' application for injunctive relief is the final jgm in this matter. Pltfs req for a status conf is denied, and that DOC not return any protective segregation inmate, housed in protective segregation at the time of issuance of the order dtd 12/2/96, and who has not signed a court-ordered waiver, to general population, until the crt has ruled on pltfs' mtn to alter or amend the jgm. (cc: all counsel) (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 12/24/1996)

ORDER by Judge Charles L. Hardy denying motion for reconsideration of the crt's memo opinion and order of 12/2/96 by pla [350-1], denying motion for timely clarification [344-1] by movant, denying motion to stay 12/6/96 order by pla [337-1], denying motion for transcript (of testimony of J.C. Keeney & Gary DeLand) in sealed case by dft [281-1] without prejudice and all individual actions stayed pending resolution of motion to alter or amend judgment (cc: all counsel) (former emp) Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 12/27/1996)

SUPPLEMENT by pla John Does 1-5 to motion to alter or amend judgment [352-1] (LAD) (Entered: 01/06/1997)

Ntc of Receipt & objection (RESPONSE) by dft to motion for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 01/09/1997)

RESPONSE by pla to motion for new trial by dft [351-1], motion to amend judgment and/or clarification of order by dft [351-2] (former emp) (Entered: 01/11/1997)

REPLY by dft to response to motion for new trial by dft [351-1], motion to amend judgment and/or clarification of order by dft [351-2] (former emp) (Entered: 01/22/1997)

RESPONSE by dft to motion to alter or amend judgment by pla [352-1] (oral argument requested) & to supplement to motion to alter or amend judgment (former emp) (Entered: 01/22/1997)

REPLY by pla to response to motion to alter or amend judgment by pla [352-1] (oral argument requested) (former emp) (Entered: 01/31/1997)

MEMORANDUM IN SUPPORT by pla of motion for attorney's fees and non-taxable expenses by pla [353-1] (former emp) (Entered: 02/04/1997)

SUPPLEMENT to memo of P&As in support of applic for atty fees by pla (former emp) (Entered: 02/05/1997)

RESPONSE to motion by dft and CROSS-MOTION to stay (all further pleadings & proceedings re attorney fees) by dft [396-1] (RE: [353-1] ) (former emp) (Entered: 02/21/1997)

MOTION to reopen the record by pla [407-1] (former emp) (Entered: 03/10/1997)

Request (MOTION) for oral argument (re plas' mtn to alter or amend the jdmt) by pla [410-1] (former emp) (Entered: 03/13/1997)

RESPONSE by pla to motion to stay (all further pleadings & proceedings re attorney fees) by dft [396-1] (former emp) (Entered: 03/13/1997)

RESPONSE to plas' supplemental reply in support of mtn for lv to alter or amend or altrntvly, mtn to reopen the record by dft (former emp) (Entered: 03/19/1997)

NOTICE by dft of supplemental authority supportng the response to plas' applc for atty fees & their motion to stay (former emp) (Entered: 04/02/1997)

MEMORANDUM AND ORDER by Judge Charles L. Hardy: vacating the first 2 paragrphs of Memo & Order [332-1]; deft devise & submit to crt w/i 60 days of this order a plan that will, when any inmate is transferred from protective custody, protect him from substantial risk of harm; FUR plas have 30 days from the filing of the proposed plan to file objections; FUR denying motion to alter or amend judgment by pla [352-1] & supplement [360-1]; denying for new trial & motion to amend judgment and/or clarification of order by dft [351-1&2] except to extent that relief has been granted by this order; FUR until crt entrs final jdmt following submission of a plan by deft, the order [356-1] staying all individual cases filed by class members shall be maintained; denying motion for oral argument (re plas' to alter or amend the jdmt) by pla [410-1] & supplemental reply (#352); denying motion to reopen the record by pla [407-1] (cc: all counsel) (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 04/29/1997)

MOTION to unseal portion of the record by dft [421-1] (former emp) (Entered: 05/07/1997)

RESPONSE by pla to motion to unseal portion of the record by dft [421-1] (former emp) (Entered: 05/20/1997)

MOTION to expedite request for status conference by pla [424-1] (former emp) (Entered: 05/20/1997)

MOTION (REQUEST) for status conference re individual proceedings by pla John Does 1-5 [429-1] (received 6/6/97) (LAD) (Entered: 06/06/1997)

REPLY by dft Terry Stewart to response to motion to unseal portion of the record by dft [421-1] (MAP) (Entered: 05/30/1997)

Request (MOTION) for oral argument (re dfts' mtn to unseal portion of the record) by pla [428-1] (former emp) (Entered: 06/04/1997)

Proposed plan for movement of Level 4 & 5 protective segregation inmates into general population by dft (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 07/02/1997)

SUPPLEMENTAL notice re protective segregation issues within the ADOC by dft (former emp) (Entered: 07/02/1997)

OBJECTION by pla to DOC's proposed plan for movement of Leval 4 & 5 protective segregtion inmates into general population [441-1] (former emp) (Entered: 07/22/1997)

REPORT AND RECOMMENDATION by Mag Judge Barry G. Silverman concerning motion for attorney's fees and non-taxable expenses by pla [353-1] (cc: all counsel) (former emp) (Entered: 08/07/1997)

RESPONSE by dft to objections to report & recommendation [467-1] (former emp) (Entered: 09/16/1997)

REPLY by pla to report & recommendation concerning award of atty fees & costs [477-1] (former emp) (Entered: 09/23/1997)

MOTION to strike plas' reply re report & recommendation concerning award of atty fees & costs by dft [495-1] (former emp) (Entered: 10/01/1997)

RESPONSE by pla to motion to strike plas' reply re report & recommendation concerning award of atty fees & costs by dft [495-1] (former emp) (Entered: 10/07/1997)

ORDER by Judge Richard M. Bilby evidentiary hearing set for 9:30 11/25/97 (cc: all counsel) (LAD) (Entered: 10/14/1997)

MOTION to permit interviews or depositions of DOC witnesses prior to evidentiary hearing by pla [512-1] (former emp) (Entered: 11/12/1997)

MOTION for expedited consideration of motion to permit interviews or depositions of DOC witnesses prior to evidentiary hearing by pla [512-1] by pla [513-1] (former emp) (Entered: 11/12/1997)

Joint MOTION to reschedule hearing (of 12/18-19/97) by pla, dft [533-1] (former emp) (Entered: 12/03/1997)

MOTION for accelerated consideration of motion to reschedule hearing (of 12/18-19/97) by pla, dft [533-1] by dft [534-1] (former emp) (Entered: 12/03/1997)

ORDER by Judge Richard M. Bilby granting motion for accelerated consideration by dft [534-1] & motion to reschedule hearing (of 12/18-19/97) by pla, dft [533-1] ; evidentiary hearing reset for 9:00 2/18/98, before Judge Richard M. Bilby ; FUR all writs previously issued & returnable for 12/18/97 are amended to reflect the new date of 2/18/98; writs remain in full force & effect w/this new date (cc: all counsel) (former emp) Modified on 12/12/1997 (Entered: 12/12/1997)

ORDER by Judge Richard M. Bilby: in addn to the original & copy fld w/Clk's Offc in Phx, ptys shall mail one copy directly to Judge Bilby of any pleadings the parties wish the court to consider; FUR the order of 12/22/97 [540-1] is vacated & Perry Lyndon's request to file amicus brief [525-1] is denied (cc: all counsel/Lyndon) (former emp) (Entered: 01/21/1998)

SUPPLEMENT to application for atty fees re adjustment for delay by pla (former emp) (Entered: 02/10/1998)

STIPULATION to stay (remedial portion of this litigation) (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 03/03/1998)

ORDER by Judge Richard M. Bilby granting stipulation staying the remedial portion of this matter for up to 2 yrs; at conclusion of the stay or upon prior mtn by dft, crt will consider whether or not a permanent injunction will be issued; during stay the status quo as established in the crt's order of 4/29/97 will be preserved; the order staying all individual cases filed by class members shall be maintained; dft may not involuntarily transfer any inmate from protective segregation to a level 2 or 3 general propulation unit during the stay (cc: all counsel) (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 03/04/1998)

ORDER by Judge Richard M. Bilby: motion to unseal portion of the record by dft [421-1] granted as to the 12/6/96 and 4/29/97 orders and denied in all other respects (cc: all counsel) (former emp) (Entered: 03/18/1998)

ORDER by Judge Richard M. Bilby re stipulation re atty fees & costs, crt favors settlement over a court order & grants the parties 10 days from this order to settle this issue; court has prepared its order on the matter and will issue it on 4/3/98 if not notified by dfts that a settlement has been reached (cc: all counsel) (former emp) (Entered: 03/24/1998)

ORDER by Judge Richard M. Bilby: adopting/rejecting in part the report & recommendation; re motion for attorney's fees and non-taxable expenses by pla [353-1], plas are the prevailing party; plas are entitled to an award of atty fees at the rate of $175.00 per hour & to all costs expended heretofore; the following fees & costs are awarded--Alice Bendheim $37,194.27, Samuel Whitten $33,687.50, Andrew Gordon $17,622.50, Donald Peters $49,348.85 & Osborn Maledon $410,376.34; if fees & costs are not satisfied within 45 days of this order, plas shall be entitled to prejudgment interest on their atty fees & costs at plas' suggested schedule & at the rate set forth in 28 USC 1961 (cc: all counsel) (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 04/06/1998)

NOTIFICATION re attorneys' fees by pla (former emp) (Entered: 04/07/1998)

JUDGMENT: ORD & ADJ that jdmt is entered in favor of plas & agnst dfts as follows: plas are prevailing party based on crt's finding that dft Terry L Stewart's plan to involuntarily transfer protective segregation inmates to the general population exhibited deliberte indifference to plas' substantial risk of harm; FUR plas are entitled to an award of atty fees at the rate of $175 p/hr & to all costs expended heretofore; FUR fees & costs are awarded-- Alice Bendheim $37,194.27, Samuel Whitten $33,687.50, Andrew Gordon $17,622.50, Donald Peters $49,348.85, firm of Osborn Maledon $410,376.34; FUR if fees & costs not satisfied within 45 days of 4/3/98, plas shall be entitled to prejdmt interest at plas' suggested schedule & at the rate set forth in 28 USC 1961 (cc: all counsel) re: judgment [613-1] (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 04/08/1998)

ORDER by Judge Richard M. Bilby: clerk of court shall unsel the court's order [605-1] of 4/3/98 re attorneys' fees and costs (cc: all counsel) (former emp) (Entered: 04/10/1998)

SUPPLEMENTAL Application for Award of Atty Fees & Costs by pla to [353-1] (former emp) (Entered: 04/17/1998)

ORDER by Judge Richard M. Bilby: court reporter is directed to redact the following sections of the 2/20/98 evidentiary hearing-- page 23 line 11 thru page 24 line 25; page 25 line 15 thru page 59 line 20; page 60 line 20 thru page 266 line 19; page 268 line 4 name redacted; page 275 lines 3&4 name redacted (cc: all counsel) re: order [624-1] (former emp). Document added to docket via SmartScan request. Modified on 3/16/2017 (KAS). (Entered: 04/30/1998)

NOTICE OF APPEAL by dft Terry Stewart from District Court judgment [613-1], and order [605-1] (cc: 9CCA/All Counsel/RMB) (REW) (Entered: 05/29/1998)

MOTION to stay judgment without posting security by dft [628-1] (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 05/08/1998)

ORDER by Judge Richard M. Bilby granting motion to supplement the record by pla [616-1]; documents attached to said motion are made a permanent part of the sealed portion of the record in this case (cc: all counsel) (cc: 9CCA) (former emp) Modified on 06/02/1998 (Entered: 05/12/1998)

SUPPLEMENTAL memorandum in support of supplemental application for award of atty fees & costs by pla (former emp) (Entered: 05/19/1998)

RESPONSE by pla to motion to stay judgment without posting security by dft [628-1] (former emp) (Entered: 06/02/1998)

ORDER by Judge Richard M. Bilby granting motion to stay judgment without posting security by dft [628-1], execution of judgment stayed pending appeal; bond requirements are waived, re: appeal [638-1] (cc: all counsel/9CCA) (REW) Modified on 06/02/1998 (Entered: 06/02/1998)

ORDER by Judge Richard M. Bilby: granting plas' supplemental application for award of atty fees & costs (#617); plas entitled to reasonable award: Osborn Maledon $202,360.66; Alice Bendheim PC $437.50; Andrew S. Gordon $668.14; Donald M. Peters $4,882.50; this award shall be satisfied w/i 30 days of this order w/interest accruing at the statutory rate; FUR court's order [605-1] is amended to award Alice Bendheim PC $70,881.77 & to vacate the separate award of $37,194.27 to Samuel Whitten (cc: all counsel) (former emp) (Entered: 07/10/1998)

CERTIFIED COPY of 9CCA Mandate; purs to stipulation of parties, this appeal dismissed without prejudice to its reinstatement; reinstatement shall be made should a panel of this court subsequently determine that the orders appealed from in this appeal were appealable; notice of reinstatement shall be filed in this court within 28 days of such determination, appeal dismissed, re: 98-15991 (cc: all counsel/RMB) (REW) Modified on 08/19/1998 (Entered: 08/04/1998)