Case: U.S. v. Territory of Guam

United States of America v. Territory of Guam

No Court

United States of America v. Territory of Guam

No Court

United States of America v. Territory of Guam

U.S. v. Guam

Monitor's Report. (Attachments: # 1 Divided for Imaging Purposes)(rmm, ) **Modified on 10/17/2006 to change the document number from number 1 to 126; all previous entries are on a manual docket sheet.** (rmm, ) (Entered: 10/17/2006)

Monitor's Report. (vtk, ) (Entered: 09/27/2007)

Monitor's Report. (fad, ) (Entered: 06/24/2008)

Order. Status Hearing set for 8/27/2008 01:15 PM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/26/2008. (fad, ) (Entered: 08/26/2008)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing held on 8/27/2008. (Court Reporter Wanda Miles.) (Start Time: 1:28:45-End Time: 1:40:40.) (fad, ) (Entered: 09/05/2008)

Notice of Hearing: Status Hearing set for 2/18/2009 at 02:30 PM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (vtk, ) (Entered: 01/27/2009)

Court Certificate of Service re 131 Notice of Hearing - Office of the Attorney General acknowledged receipt on 1/27/2009, J. Bradley Klemm, Court Monitor acknowledged receipt on 1/29/2009. (fad, )

Entry of Appearance filed by Laura Lee Coon, Mikel W. Schwab on behalf of USA. (fad, ) (Entered: 02/10/2009)

Motion to Appear Via Teleconference (related document(s): 131 Notice of Hearing ). filed by USA. (fad, ) (Entered: 02/10/2009)

Certificate of Service filed by USA re 132 Entry of Appearance, 133 Motion to Appear Via Teleconference. (fad, ) (Entered: 02/10/2009)

Notice of Hearing: Status Hearing set for 2/18/2009 rescheduled to 3/31/2009 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (vtk, ) (Entered: 02/12/2009)

Court Certificate of Service re 135 Notice of Hearing - Office of the Attorney General acknowledged receipt on 2/12/2009, J. Bradley Klemm acknowledged receipt on 2/13/2009. (fad, )

Order. Independent monitor to submit semi-annual report to the court and parties by 3/10/2009. Response due by 3/17/2009. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/17/2009. (vtk, ) (Entered: 02/17/2009)

Court Certificate of Service re 136 Order - J. Bradley Klemm acknowledged receipt on 2/17/2009, Office of the Attorney General acknowledged receipt on 2/18/2009. (fad, )

Monitor's Report filed by J. Bradley Klemm. (fad, ) (Entered: 02/27/2009)

Supplement to 137 Monitor's Report filed by J. Bradley Klemm. (vtk, ) (Entered: 03/10/2009)

Comments filed by USA re 137 Monitor's Report, 138 Supplement to Monitor's Report. (fad, ) (Entered: 03/17/2009)

Order granting Plaintiff's 133 Motion to Appear Telephonically at 3/31/2009 hearing. Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/24/2009. (vtk, ) (Entered: 03/24/2009)

Order. 1. The report(s) by the Department of Justice experts, who participated in a site visit in August 2008, shall be submitted to the Independent Monitor and the court by Friday, 3/27/2009 at 3:00 p.m.; and 2. The Independent Monitor shall conduct a site visit prior to the status hearing, currently scheduled for 3/31/2009, in order that he may present the court with information as to current conditions and any new progress towards compliance with the Settlement Agreement. Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/24/2009. (fad, ) (Entered: 03/24/2009)

Court Certificate of Service re 141 Order - J. Bradley Klemm and Office of the Attorney General acknowledged receipt on 3/24/2009. (fad, )

Expert Reports From August 2008 Site Visit; Certificate of Service filed by USA. (fad, ) (Additional attachment(s) added on 3/26/2009: # 1 Correct PDF) (fad, ). **Modified on 3/26/2009 to attach correct PDF** (fad, ). (Entered: 03/26/2009)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing held on 3/31/2009. Ms. Lawrence to submit quarterly report by 6/30/2009. Mr. Klemm to submit Status Report by 6/30/2009. Status Hearing set for 8/11/2009 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Wanda Miles.) (Start Time: 9:14:46, End Time: 10:24:15.) (fad, ) (Entered: 03/31/2009)

Order. It is hereby ORDERED that the Department of Justice shall file a position statement as to this request by 4/30/2009. It is also ORDERED that Independent Monitor shall conduct a site visit, and subsequently file his monitor's report detailing DOC's compliance by 6/30/2009. It is further ORDERED that the Attorney General's Office, on behalf of DOC, file a status report by 6/30/2009. The Attorney General's Office is ORDERED to ensure that payment is made to the Independent Monitor. The next status hearing is scheduled for 7/9/2009 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 4/1/2009. (fad, ) (Entered: 04/01/2009)

Status Hearing set for 7/9/2009 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (fad, )

Court Certificate of Service re 144 Order - Office of the Attorney General acknowledged receipt on 4/1/2009, J. Bradley Klemm acknowledged receipt on 4/1/2009. (fad, )

United States' Position Statement in Response to Court's Order of April 1, 2009 filed by USA. (related document(s): 144 Order) (Schwab, Mikel) **Modified on 5/1/2009 to edit docket text** (fad, ). (Entered: 04/30/2009)

Monitor's May 21, 2009 Report filed by J. Bradley Klemm. (vtk, ) (Entered: 05/21/2009)

Notice of Receipt of Letter (Ms. Dianne M. Strong, Ed.D.). Signed by Chief Judge Frances M. Tydingco-Gatewood on 5/29/2009. (Attachments: # 1 Exhibit K to Exhibit T1)(vtk, ) (Entered: 06/01/2009)

Court Certificate of Service re 147 Notice of Receipt of Letter (Ms. Dianne M. Strong, Ed.D.) - Office of the Attorney General acknowledged receipt on 6/1/2009. (vtk, )

Notice of Receipt of Letter from Ms. Dianne M. Strong, Ed.D. (fad, ) (Entered: 06/08/2009)

Court Certificate of Service re 148 Notice of Receipt of Letter from Ms. Dianne M. Strong, Ed.D. - Office of the Attorney General acknowledged receipt on 6/9/2009. (cbs, )

Motion to Appear By Telephone (Co-Counsel; Gregg, Coon, and Murray) (related document(s): 144 Order,, ). filed by Mikel W. Schwab. (Entered: 06/30/2009)

Certificate of Service (re 149 Motion to Appear By Telephone (Co-Counsel; Gregg, Coon, and Murray) (related document(s): 144 Order,, ). ) filed by Mikel W. Schwab. (Entered: 06/30/2009)

Status Report filed by TERRITORY OF GUAM. (fad, ) (Entered: 07/01/2009)

Order granting 149 Motion to Appear Telephonically (Co-Counsel; Gregg, Coon, and Murray). Signed by Chief Judge Frances M. Tydingco-Gatewood on 7/1/2009. (vtk, ) (Entered: 07/01/2009)

Notice of Hearing: Status Hearing set for 7/9/2009 rescheduled to 8/11/2009 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (vtk, ) (Entered: 07/01/2009)

Certificate of Service filed by TERRITORY OF GUAM re 153 Status Report. (fad, ) (Entered: 07/01/2009)

Court Certificate of Service re 152 Notice of Hearing - Office of the Attorney General acknowledged receipt on 7/2/2009. (cbs, )

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing Re: Monitor's Report on Department of Corrections, and the Government of Guam's Oral Request to Transfer Jurisdiction to J.C. vs. Camacho Case held on 8/11/2009. Declaration of Director of Department of Mental Health and Social Services due 8/14/2009. Monitor and counsel to conduct on-site inspection week of 8/17/2009. Parties' inspection report, either separate or joint, due 8/28/2009. USA may file comments to report by 9/11/2009. USA medical expert report due by 9/8/2009. Court ordered AG review timely payment of Monitor's fees; and to re-negotiate Monitor's Agreement. Next Status Hearing set for 11/10/2009 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Wanda Miles.)(Start Time: 9:09, End Time: 10:17.) (fad, ) (Entered: 08/11/2009)

Order. DMHSA Director shall submit a declaration by 8/14/2009. Monitor, Attorney Lawrence and Attorney Schwab shall submit individual or joint reports as to their conclusions and as to the recommended court action in the case by 8/28/2009. The DOJ shall file comments and/or recommendations by 9/11/2009. DOJ's medical consultant's report regarding the review of DOC's records due by 9/8/2009. Next Status Hearing set for 11/10/2009 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/11/2009. (fad, ) (Entered: 08/11/2009)

Transcript Order Form filed by Dr. Dianne M. Strong for proceedings held on 8/11/2009 before Chief Judge Frances M. Tydingco-Gatewood. (fad, ) (Entered: 08/12/2009)

Court Certificate of Service re 156 Order - Office of the Attorney General acknowledged receipt on 08/11/2009. (fad, )

Declaration of Director David Shimizu (related document(s): 156 Order). filed by TERRITORY OF GUAM. (fad, ) (Entered: 08/15/2009)

Transcript of Status Hearing held on 8/11/2009 before Chief Judge Frances M. Tydingco-Gatewood. Court Reporter: Wanda Miles. Redaction Request due 9/9/2009. Redacted Transcript Deadline set for 9/21/2009. Release of Transcript Restriction set for 11/17/2009. (wmt, ) (Entered: 08/20/2009)

Certificate of Service filed by TERRITORY OF GUAM re 158 Declaration of Director David Shimizu (related document(s): 156 Order). (vtk, ) (Entered: 08/25/2009)

Notice of Filing of Official Transcript. (related document(s): 159 Transcript of Status Hearing held on 8/11/2009 before Chief Judge Frances M. Tydingco-Gatewood. (fad, ) **Modified on 11/7/2009 to add relation to document no. 159** (fad, ). (Entered: 08/26/2009)

Supplement to the Site Visit Report by AUSA. (Attachments: # 1 Exhibit 1)(Schwab, Mikel) (Entered: 08/28/2009)

Joint or Stipulated Report by Attorneys Klemm, Lawrence and Schwab as to Conclusions and Recommended Court Action filed by J. Bradley Klemm. (fad, ) (Entered: 09/01/2009)

Court Certificate of Service re 161 Notice of Filing of Official Transcript - Office of the Attorney General acknowledged receipt on 08/31/2009. (fad, )

USA's Medical Consultant's Report Regarding Review of DOC Records; Certificate of Service (re 156 Order) filed by Mikel W. Schwab. (Attachments: # 1 Exhibit Medical Consultant's Report) **Modified on 9/9/2009 to edit docket text.** (jlm) (Entered: 09/08/2009)

Motion to Appear By Telephone at Status Conference (related document(s): 156 Order) filed by Mikel W. Schwab. (Entered: 10/19/2009)

Certificate of Service (re 165 Motion to Appear By Telephone at Status Conference (related document(s): 156 Order)) filed by Mikel W. Schwab. (Entered: 10/20/2009)

United States' Expert Report in Response to August 2009 Declaration of DMHSA Director Shimizu; Certificate of Service (re 158 Declaration ) filed by Mikel W. Schwab. (Attachments: # 1 Exhibit Expert Report of Bill Wamsley) (Entered: 10/30/2009)

Order granting 165 Motion to Appear Telephonically. Signed by Chief Judge Frances M. Tydingco-Gatewood on 11/3/2009. (fad, ) (Entered: 11/04/2009)

Status Report filed by TERRITORY OF GUAM. (fad, ) (Entered: 11/07/2009)

Order. Department of Justice position statement due 11/20/2009. Parties shall participate in teleconference meetings regarding the requirement of a forensic unit for the treatment of inmates with mental illness, disease or defect. Independent monitor shall conduct site visits and file his quarterly report by 01/19/2010. Next status hearing set for 2/9/2010 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 11/10/2009. (fad, ) (Entered: 11/10/2009)

Transcript Order Form filed by Dianne Martiny Strong for proceedings held on 11/10/2009 before Chief Judge Tydingco-Gatewood. (fad, ) (Entered: 11/11/2009)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing held on 11/10/2009. USDOJ's comments re: recommendation by court monitor to transfer section V issues to Judge Marshall due 11/20/2009. Next status hearing scheduled for 02/10/2010 at 09:00 AM. (Court Recorder Wanda Miles. ) (Start Time: 9:20, End Time: 10:33.) (fad, ) (Entered: 11/11/2009)

Transcript Order Form filed by USA for proceedings held on 11/10/2009 before Chief Judge Frances M. Tydingco-Gatewood. (fad, ) (Entered: 11/12/2009)

Court Certificate of Service re 170 Order - Office of the Attorney General acknowledged receipt on 11/12/2009. (fad, )

United States' Position Statement in Response to the Court's Order of November 10, 2009 filed by Mikel W. Schwab. (re 172 Status Conference) **Modified on 11/25/2009 to edit docket text.** (jlm) (Entered: 11/20/2009)

Transcript of Proceedings held on 11/10/2009 before Judge Chief Judge Frances Tydingco-Gatewood. Court Reporter: Wanda Miles. Redaction Request due 12/24/2009. Redacted Transcript Deadline set for 1/4/2010. Release of Transcript Restriction set for 3/3/2010. (Attachments: # 1 Reporter's Transcript, pages 30-62) (fad, ) (Entered: 12/04/2009)

Notice of Filing of 175 Transcript of Proceedings. (fad, ) (Entered: 12/04/2009)

Court Certificate of Service re 176 Notice of Filing of 175 Transcript of Proceedings - Office of the Attorney General acknowledged receipt on 12/7/2009. (fad, )

Monitor's January 19, 2010 Report filed by J. Bradley Klemm. (fad, ) (Entered: 01/20/2010)

Motion to Appear By Telephone (related document(s): 170 Order) filed by Mikel W. Schwab. (Entered: 02/04/2010)

Order granting 178 Motion to Appear by Telephone. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/5/2010. (fad, ) (Entered: 02/05/2010)

Letter from Diane M. Strong, Ed.D. (fad, ) (Entered: 02/09/2010)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing held on 2/9/2010. Order memorializing hearing to be prepared and issued by Court. Next Status Hearing set for 6/9/2010 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Wanda Miles.)(Start Time: 9:07, End Time: 10:28.) (cbs, ) (Entered: 02/09/2010)

Transcript Order Form filed by Dianne Martiny Strong for proceedings held on 2/9/2010 before Judge Chief Judge Frances M. Tydingco-Gatewood. (cbs, ) (Entered: 02/09/2010)

Order. Written safety policies and plans due to DOJ by 2/12/2010. DMHSA Acting Director or knowledgeable representative shall participate in teleconference calls. AG's office to notify DMHSA of scheduled teleconferences. AG's office shall be responsible for follow-up of timely payment to Independent Monitor. Joint Status report due by 5/28/2010 re: outcome of teleconferences. Independent Monitor's report due by 5/28/2010. Next status hearing set for 6/9/2010 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/9/2010. (fad, ) (Entered: 02/09/2010)

Transcript of Proceedings held on 2/9/2010 before Judge Chief Judge Frances M. Tydingco-Gatewood. Court Reporter: Wanda Miles. Redaction Request due 3/16/2010. Redacted Transcript Deadline set for 3/26/2010. Release of Transcript Restriction set for 5/24/2010. (fad, ) (Entered: 02/23/2010)

Monitor's May 26, 2010 Status Report filed by J. Bradley Klemm. (fad, ) (Entered: 05/26/2010)

Joint Status Report Regarding Phone Conferences by TERRITORY OF GUAM, USA. (Entered: 05/28/2010)

Motion to Appear By Telephone (related document(s): 183 Order setting hearing) by USA. (Entered: 06/03/2010)

Order granting 187 Motion to Appear Telephonically. Participants Tammie Gregg, Andrew Barrick, Jeff Murray and Dr. Joseph Fowlkes to appear via teleconference. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/4/2010. (vtk, ) (Entered: 06/04/2010)

Order. Parties ordered to file a written report by 12:00 noon on 6/7/2010, stating whether fire safety policies and plans were submitted to DOJ (related document: 183 Order). Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/4/2010. (vtk, ) (Entered: 06/04/2010)

Status Report on Fire Safety Policies and Plans by USA. (Entered: 06/07/2010)

Status Report Submitted June 2010 by TERRITORY OF GUAM. (Entered: 06/07/2010)

Supplemental Monitor's Report (re 185 Monitor's May 26, 2010 Status Report filed by J. Bradley Klemm. (Entered: 06/07/2010)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Hearing held on 6/9/2010. (Court Reporter Wanda Miles.) (Start Time: 9:05, End Time: 10:09.) Next status conference scheduled for 10/20/2010 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances Tydingco-Gatewood. (fad, ) (Entered: 06/09/2010)

Order. The court hereby finds that Section V of the 1991 Settlement Agreement has been satisfied. Oral motion by the Government of Guam to find that Section VII has been satisfied is DENIED. Joint status report indicating outcome of teleconferences due by 10/4/2010. Quarterly report of the Independent Monitor due by 10/4/2010. Next Status Hearing set for 10/20/2010 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/9/2010. (fad, ) (Entered: 06/09/2010)

Notice of Receipt of Document (Attachments: # 1 Letter)(CBW) (Entered: 08/04/2010)

Status Report STATUS REPORT SUBMITTED BY THE TERRITORY OF GUAM REGARDING CONFERENCE CALLS. (Mason, J.) (Entered: 10/04/2010)

Reset Hearings: Quarterly Status Hearing set for 10/20/2010 at 9:00 AM is rescheduled to 10/20/2010 at 10:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (cbs, )

Motion to Appear By Telephone for the Status Conference (related document(s): 194 Order,,, Set Deadlines/Hearings,, ). filed by USA. Responses due by 10/22/2010. Replies due by 10/29/2010. (Schwab, Mikel) (Entered: 10/08/2010)

Erratum (re 197 Motion to Appear By Telephone for the Status Conference (related document(s): 194 Order,,, Set Deadlines/Hearings,, ). ) by USA. (Entered: 10/08/2010)

Order. Independent Monitor's Status Report due by 10/26/2010. Status Hearing set for 10/20/2010 at 10:00 AM rescheduled to 11/3/2010 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. 197 Motion to Appear By Telephone for the Status Conference - Granted. Signed by Chief Judge Frances M. Tydingco-Gatewood on 10/18/2010. (fad) **Modified on 10/18/2010 to attach correct PDF** (fad). **Modified on 10/26/2010 to edit docket text** (vtk) (Entered: 10/18/2010)

Monitor's October 26, 2010 Status Report filed by J. Bradley Klemm. (fad, ) (Entered: 10/27/2010)

Order. The status hearing scheduled for 11/3/2010 at 09:00 AM rescheduled to 12/2/2010 at 09:00 AM. DOJ response to Monitor's status report due by 11/15/2010. Signed by Chief Judge Frances M. Tydingco-Gatewood on 10/29/2010. (fad, ) (Entered: 10/29/2010)

Notice filed by USA of Appearance by USA. (Entered: 11/15/2010)

Notice filed by USA by USA. (Entered: 11/15/2010)

Notice filed by USA of Appearance by USA. (Entered: 11/15/2010)

United States' Comments Regarding the October 2010 Monitor's Report filed by USA. (Cruz, Jessica) (Entered: 11/15/2010)

Status Report Monitor's Supplemental Status Report filed by J. Bradley Klemm. (Klemm, J.) (Additional attachment(s) added on 12/2/2010: # 1 Exhibit D, # 2 Exhibit E (Sealed), # 3 Exhibit F) (fad, ). (Main Document 206 replaced on 12/2/2010) (fad, ). **Modified on 12/2/2010 to seal Exhibit E per court order**(fad, ). (Entered: 11/24/2010)

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Quarterly Status Hearing held on 12/2/2010. Next status hearing scheduled for 04/14/2011 at 09:00 AM. (Court Reporter Veronica F. Reilly.) (Start Time: 9:18, End Time: 10:45.) (fad, ) (Entered: 12/02/2010)

Order. The parties, with the Independent Monitor, shall conduct a conference to discuss how they wish to proceed with regard to Section VII of the Stipulated Judgment. The parties shall file a joint statement by 3/31/2011 as to the outcome of their discussion regarding Section VII. Exhibit E of Docket No. 260 shall be sealed. Independent Monitor quarterly status report due by 3/31/2011. Responses due by 4/6/2011. Next Quarterly Status Hearing set for 4/14/2011 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/2/2010. (fad, ) (Entered: 12/02/2010)

Digital Audio Recording Order for proceedings held on 12/2/2010 before Chief Judge Frances M. Tydingco-Gatewood re 207 Quarterly Status Hearing. (vtk, ) (Entered: 01/03/2011)

Status Report Monitor's Report Re Department of Corrections' Transition Report filed by J. Bradley Klemm. (Klemm, J.) (Entered: 02/22/2011)

Joint Status Report Re: Section VII of the Settlement Agreement by TERRITORY OF GUAM. (Entered: 03/31/2011)