Case: Inmates of the Modular Facility v. District of Columbia

COMPLAINT filed summons (4) issued (ew) (Entered: 04/04/1990)

NOTICE OF FILING by plaintiff suggestion of related cases (ew) (Entered: 04/04/1990)

MOTION by plaintiff to shorten defendants time for filing opposition to pltffs motion for expedited discovery, and for expedited hearing (ew) (Entered: 04/04/1990)

NOTICE TO TAKE DEPOSITION by plaintiff of defendant (ew) (Entered: 04/04/1990)

MOTION by plaintiff to certify class action (ew) (Entered: 04/04/1990)

REQUEST by plaintiff to defendant for production of documents and for permission to enter upon land (ew) (Entered: 04/04/1990)

MOTION by plaintiff to expedite discovery ; Exhibits (3) (ew) (Entered: 04/04/1990)

RETURN OF SERVICE executed as to defendant DC 3/28/90 service was made on Helen Mathis, who accepted for District of Columbia (ker) (Entered: 04/04/1990)

RETURN OF SERVICE executed as to defendant MARION S. BARRY JR. 3/28/90 service was made on Chuck Perry who accepted for Mayor Barry (ker) (Entered: 04/04/1990)

RETURN OF SERVICE executed as to defendant WALTER B. RIDLEY 3/28/90 service was made on Richard S. Love, who accepted for Mr. Ridley (ker) (Entered: 04/04/1990)

ORDER by Judge June L. Green : motion hearing set for 10:30 4/6/90 ; (N) (ker) (Entered: 04/05/1990)

ACKNOWLEDGMENT OF RECEIPT of summons and complaint upon defendant JOHN LATTIMORE 3/29/90 (ker) (Entered: 04/05/1990)

NOTICE OF FILING by plaintiff of withdrawal of plaintiff's motion for expedited discovery; Exhibit (1) (ker) (Entered: 04/09/1990)

MOTION by defendants to dismiss for failure to join a necessary party, or in the alternative to compel plaintiff to join a necessary party, or in the alternative for joinder of the USA and RICHARD THORNBURG, ATTORNEY GENERAL of the United States as parties defendant (ker) (Entered: 04/13/1990)

RESPONSE by plaintiff's in opposition to motion to compel joinder of the U.S. and Richard Thornburg, Attorney General of the U.S., as parties defendant [14-2] by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC (ker) (Entered: 04/23/1990)

REPLY by defendants to response to motion to dismiss for failure to join a necessary party [14-1] by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC (ker) (Entered: 05/03/1990)

ORDER by Judge June L. Green : granting motion to certify class action [5-1] by plaintiff (N) (ker) (Entered: 05/04/1990)

MOTION (Uncontested) by plaintiff INMATES/MODULAR FAC. to substitute a class representative under Federal Rule of Civil Procedure 23(d) ; EXHIBIT (Amended Complaint) (plaintiff's move to add Isaac Petway and eliminate Darrel Parks) (ker) (Entered: 05/08/1990)

ORDER by Judge June L. Green : granting motion to substitute a class representative under Federal Rule of Civil Procedure 23(d) [18-1] by INMATES/MODULAR FAC. adding Isaac Petway and eliminating Darrel Parks as a class representative (N) (ker) (Entered: 05/14/1990)

AMENDED COMPLAINT by plaintiff INMATES/MODULAR FAC. adding ISAAC PETWAY amending complaint and eliminating DARREL PARKS [1-1] (ker) (Entered: 05/14/1990)

ORDER by Judge June L. Green : denying without prejudice motion to dismiss for failure to join a necessary party [14-1] by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC (N) (ker) (Entered: 05/15/1990)

RESPONSE by defendant to request for production of documents and for permission to enter upon land (ker) (Entered: 05/15/1990)

ANSWER by defendant DC, defendant WALTER B. RIDLEY, defendant JOHN LATTIMORE to amended complaint (ker) (Entered: 06/01/1990)

THIRD-PARTY complaint by defendant DC, defendant WALTER B. RIDLEY, defendant JOHN LATTIMORE against USA, ATTY GEN. (ker) (Entered: 06/01/1990)

THIRD PARTY SUMMONS issued (6) (ker)

RETURN OF SERVICE executed as to third-party defendant USA 5/25/90, service was made on Maron Mills, personal service (ker) (Entered: 06/05/1990)

RETURN OF SERVICE executed as to third-party defendant ATTY GEN. 5/29/90 service was made by certified mail, accepted by Patricia Schellman; attachment (ker) (Entered: 06/05/1990)

ORDER by Judge June L. Green : status conference set for 9:45 a.m. on 7/26/90 ; (N) (ker) (Entered: 07/03/1990)

INTERROGATORIES and request to produce documents filed by plaintiffs to defendants (ks) (Entered: 07/10/1990)

MOTION by plaintiff INMATES/MODULAR FAC. to strike third-party complaint pursuant to Fed. R. Civ. P. 14(a) for failure to state a third-party claim (ker) (Entered: 07/24/1990)

ATTORNEY APPEARANCE for third-party defendant USA, third-party defendant ATTY GEN. by John Michael Facciola, John C. Cleary (ker) (Entered: 07/25/1990)

MOTION by third-party defendant USA, third-party defendant ATTY GEN. to extend time to answer to 8/23/90 (ker) (Entered: 07/25/1990)

ORDER by Judge June L. Green : directing District of Columbia to file Amended Third Party Complaint by 8/3/90; allowing enlargement of time for U.S. to file answer to motion to dismiss third-party complaint within 10 business days of receipt of amended third-party complaint but not beyond 8/17/90; directing District of Columbia to file opposition to motion by U.S. to strike third-party complaint and plaintiffs' motion to strike third-party complaint no later than 8/28/90; directing that any replies to these motions to strike be filed by 9/5/90; setting trial at 10:00 a.m on November 13, 1990 (N) (ker) (Entered: 07/27/1990)

STATUS: trial set for 10:00 11/13/90; (ker)

NOTICE TO TAKE DEPOSITION by plaintiff INMATES/MODULAR FAC. of John Lattimore, Gary Adkins, Mary Jane Viveros, Robert Soskin, Jesse Richardson, Robert Szarvas, James Spiker (ker) (Entered: 08/03/1990)

AMENDED THIRD-PARTY COMPLAINT by third-party plaintiff DC, third-party plaintiff WALTER B. RIDLEY, third-party plaintiff JOHN LATTIMORE against third-party defendant USA, third-party defendant ATTY GEN. (ker) (Entered: 08/06/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC., expert Charles A. Braslow (ker) (Entered: 08/07/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC. expert Thomas W. Jaeger (ker) (Entered: 08/07/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC., expert E. Eugene Miller (ker) (Entered: 08/07/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC., expert Robert W. Powitz (ker) (Entered: 08/07/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC., expert Gloria J. Smith (ker) (Entered: 08/07/1990)

RULE 26(b)(4) STATEMENT filed by plaintiff INMATES/MODULAR FAC., expert Frank L. Rundle, M.D. (ker) (Entered: 08/07/1990)

MOTION by third-party defendant USA, third-party defendant ATTY GEN. to extend time to 8/21/90 to file dispositive motion (ker) (Entered: 08/15/1990)

MOTION by plaintiff INMATES/MODULAR FAC. to strike amended third-party complaint pursuant to Fed. R. Civ. P. 14(a) for failure to state a third party claim (ker) (Entered: 08/22/1990)

MOTION by third-party defendant USA, third-party defendant ATTY GEN. to extend time to answer to 8/24/90 to the amended third-party complaint (ker) (Entered: 08/22/1990)

MOTION by third-party defendant USA, third-party defendant ATTY GEN. to dismiss, or, in the alternative to strike the amended third-party complaint ; Exhibit (4) (ker) (Entered: 08/27/1990)

REQUEST (first) by third-party defendant's USA, ATTY GEN. to defendant, third-party plaintiff for production of documents; and for permission to enter upon land concerning central (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant, third-party plaintiff DC concerning central (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning the D.C. Detention Facility (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant, third-party plaintiff DC concerning the D.C. Detention Facility (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant, third-party plaintiff concerning medium (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning medium (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (First) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning Modular (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning Modular (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning Occoquan (ker) (Entered: 09/06/1990)

REQUEST (First) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning Occoquan (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning Maximum (ker) (Entered: 09/06/1990)

REQUEST (First) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning Maximum (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning minimum (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning Minimum (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning the minimum annex (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning the minimum annex (ker) (Entered: 09/06/1990)

NOTICE TO TAKE DEPOSITION (first) by third-party defendant USA, third-party defendant ATTY GEN. of defendant DC, third-party plaintiff DC concerning the Youth Center (ker) (Entered: 09/06/1990)

REQUEST (first) by third-party defendant USA, third-party defendant ATTY GEN. to defendant, third-party plaintiff for production of documents and for permission to enter upon land concerning the Youth Center (ker) (Entered: 09/06/1990)

MOTION by defendant to extend time to 9/14/90 to respond to the outstanding motions to strike and/or dismiss the amended third-party complaint (ker) (Entered: 09/07/1990)

ORDER by Judge June L. Green : granting motion to extend time to 8/21/90 to file dispositive motion [41-1] by ATTY GEN., USA; any opposition to the disposive motion shall be filed by September 5, 1990 and any reply shall be filed by September 7, 1990 (N) (ker) (Entered: 09/10/1990)

ORDER by Judge June L. Green : granting motion to extend time to 9/14/90 to respond to the outstanding motions to strike and/or dismiss the amended third-party complaint [63-1] by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC response to motion due 9/14/90 for JOHN LATTIMORE, MARION S. BARRRY, WALTER B. RIDLEY, for DC ; (N) (ker) (Entered: 09/12/1990)

ORDER by Judge June L. Green : granting motion nunc pro tunc to extend time to answer to 8/24/90 to the amended third-party complaint [43-1] by ATTY GEN., USA (N) (ker) (Entered: 09/12/1990)

ERRATA by third-party defendant USA, third-party defendant ATTY GEN. to memorandum of points and authorities in support of motion to dismiss, or in the alternative to strike, the amended third-party complaint (ker) (Entered: 09/14/1990)

MOTION by defendant DC, defendant MARION S. BARRY JR., defendant WALTER B. RIDLEY, defendant JOHN LATTIMORE for a protective order, and to stay discovery filed by the third-party defendants (kk) (Entered: 09/17/1990)

RESPONSE by defendant DC, defendant MARION S. BARRY JR., defendant WALTER B. RIDLEY, defendant JOHN LATTIMORE in opposition to plaintiffs' motion to strike [42-1] and the third-party defendants' motion to dismiss [44-1], or in the alternative, to strike the amended third-party complaint [44-2] (kk) (Entered: 09/17/1990)

NOTICE TO TAKE DEPOSITION by third-party defendant USA, third-party defendant ATTY GEN. of third-party plaintiff DC concerning the District of Columbia Contract Houses (kk) (Entered: 09/17/1990)

REQUEST by third-party defendant USA, third-party defendant ATTY GEN. to third-party plaintiff DC, third-party plaintiff WALTER B. RIDLEY, third-party plaintiff JOHN LATTIMORE for production of documents and for permission to enter upon land concerning the District of Columbia Contract Houses (kk) (Entered: 09/17/1990)

NOTICES TO TAKE DEPOSITION by third-party defendant USA, third-party defendant ATTY GEN. of third-party plaintiff DC concerning out-of-state facilities, the District of Columbia Community Centers and the District of Columbia Operation Progress (kk) (Entered: 09/17/1990)

REQUEST by third-party defendant USA, third-party defendant ATTY GEN. to third-party plaintiff DC, third-party plaintiff WALTER B. RIDLEY, third-party plaintiff JOHN LATTIMORE for production of documents concerning out-of-state facilities (kk) (Entered: 09/17/1990)

REQUESTS by third-party defendant USA, third-party defendant ATTY GEN. to third-party plaintiff DC, third-party plaintiff WALTER B. RIDLEY, third-party plaintiff JOHN LATTIMORE for production of documents and for permission to enter upon land concerning the District of Columbia Community Centers and Operation Progress (kk) (Entered: 09/17/1990)

RESPONSE by third-party defendant USA, third-party defendant ATTY GEN. in opposition to motion for a protective order [68-1], motion to stay discovery [68-2] by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC; Exhibit (1) (ker) (Entered: 09/19/1990)

REPLY by plaintiff's to response to motion to strike amended third-party complaint pursuant to Fed. R. Civ. P. 14(a) for failure to state a third party claim [42-1] by INMATES/MODULAR FAC. (ker) (Entered: 09/20/1990)

ORDER by Judge June L. Green : motion hearing set for 2:30 9/24/90 ; (N) (clv) (Entered: 09/21/1990)

INTERROGATORIES and request to produce documents filed by defendant DC to plaintiffs (clv) (Entered: 09/21/1990)

REQUEST by third-party defendant USA, third-party defendant ATTY GEN. for admissions for defendant DC (clv) (Entered: 09/21/1990)

INTERROGATORIES filed by third-party defendant USA, third-party defendant ATTY GEN. to defendant DC (clv) (Entered: 09/21/1990)

REQUEST by third-party defendant USA, third-party defendant ATTY GEN. to defendant DC for production of documents (clv) (Entered: 09/21/1990)

REPLY by third-party defendant USA, third-party defendant ATTY GEN. to response to motion to dismiss [44-1] by ATTY GEN., USA and the motion to strike the amended third-party complaint [44-2] by ATTY GEN., USA; exhibit (clv) (Entered: 09/24/1990)

MOTION HEARING held before Judge June L. Green : reporter: Beverly Byrne (cjp)

RULE 26(b)(4) STATEMENT filed by defendant (ker) (Entered: 09/27/1990)

RULE 26(b)(4) STATEMENT filed by defendant (ker) (Entered: 09/27/1990)

RULE 26(b)(4) STATEMENT filed by defendant (ker) (Entered: 09/27/1990)

OPINION AND ORDER by Judge June L. Green : granting motion to strike the amended third-party complaint [44-2] by ATTY GEN., USA, finding motion for a protective order by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC [68-1] moot, finding motion to stay discovery filed by the third-party defendants by JOHN LATTIMORE, WALTER B. RIDLEY, MARION S. BARRY JR., DC [68-2] moot (N) (cjp) (Entered: 10/03/1990)

MOTION by plaintiffs for entry of attorney Benedict M. Lenhar, Covington & Burling, 1201, Pennsylvania Ave., NW, P. O. Box 7566, Washington, DC 20044 (202) 662-5642 (cjp) (Entered: 10/03/1990)

ORDER by Judge June L. Green : granting motion for entry of attorney Benedict M. Lenhar, Covington & Burling, 1201, Pennsylvania Ave., NW, P. O. Box 7566, Washington, DC 20044 (202) 662-5642 [87-1] by plaintiff, to represent the plaintiff (N) (ker) (Entered: 10/12/1990)

NOTICE TO TAKE DEPOSITION by plaintiff's of Leon Hammond (ker) (Entered: 10/12/1990)

RULE 26(b)(4) STATEMENT filed by defendant (ker) (Entered: 10/18/1990)

ATTORNEY APPEARANCE for plaintiff by Evagren Orlebeke (ker) (Entered: 10/22/1990)

DEPOSITION of Robert W. Powitz taken for defendant; Exhibit (2) (ker) (Entered: 10/23/1990)

PRETRIAL STATEMENTS by plaintiff's; Exhibit (4) (ker) (Entered: 11/13/1990)

ATTORNEY APPEARANCE for defendant by Leonardo R. Knight (ker) (Entered: 11/15/1990)

NON-JURY TRIAL before Judge June L. Green begun and respited to 10:00 a.m. on November 14, 1990; reporter: G. Schlemmer (ker)

TRIAL BY COURT before Judge June L. Green resumes; respited to 11/15/90 at 10:00 AM reporter: Billy Wait (Miller) (kk)

DEPOSITION of Thomas W. Jaeger taken for defendant; Exhibit (4) (ker) (Entered: 11/15/1990)