90 F.R.D. 143, 1981 U.S.Dist.LEXIS 11810

1997 WL 675579

U. S. Court of Appeals for the Eighth Circuit

192 F.3d 1153, 1999 U.S.App.LEXIS 24614

REMARK: per call from U of I Legal Clinic, Exhibits may be destroyed (don) (Entered: 11/12/1999)

REMARK: per call to AG's Office, deft exhibits may be destoryed. (don) (Entered: 11/12/1999)

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [492-1] (cc: Counsel) (don) (Entered: 11/12/1999)

COPY of Appellate Court Order: Concent decree affirmed (don) (Entered: 09/29/1999)

NOTIFICATION by Circuit Court of Appellate Docket Number [492-1] 98-3443SIDM (don) (Entered: 10/16/1998)

RECEIVED [492-1] re appeal fee in amount of $ 105.00 ( Receipt # 53051) (pmb) (Entered: 09/09/1998)

NOTICE OF APPEAL by plaintiff Clinton Morse Watson from Dist. Court decision [490-2], [491-1] cc:counsel,USCA (pmb) (Entered: 09/09/1998)

REMARK - Order filed 8/7/98 (Filing #490) mailed to John Whiston, Layne Lindebak, Gordon Allen, and Chris Hagen (dr) (Entered: 08/10/1998)

ORDER by Chief Judge Charles R. Wolle granting motion to vacate judgment [488-1] hold moot and vacate order of 12/4/96 [445-2] dismissing case [0-0], [0-0], [0-0], [0-0] ; order is vacated along with today's termination of all prospective relief previously ordered (cc: all counsel) (dr) (Entered: 08/10/1998)

STATUS REPORT per Consent Order #78-106-1 Watson vs. Ray; re Iowa Department of Public Health's inspection of Iowa State Penitentiary on May 27, 28, 29, 1998 (cc: John Whiston, Layne Lindebak, Gordon Allen, Chris Hagen) (dr) (Entered: 08/10/1998)

MEMORANDUM by plaintiff Clinton Morse Watson in support [488-1] of motion to vacate judgment before Chief Judge Charles R. Wolle (dr) (Entered: 07/22/1998)

MOTION by plaintiff Clinton Morse Watson to vacate judgment before Chief Judge Charles R. Wolle (dr) (Entered: 07/22/1998)

STATUS REPORT per Consent Order #78-10601 Watson vs. Ray; re Iowa Department of Public Health's inspection of Iowa State Penitentiary on May 28-29, 1998 by W. F. (Bill) Permar, Designated Court Monitor (cc: Gordon Allen, Attorney General of Iowa; John Whiston, College of Law, Univ. of Iowa; Chris Hagen, U.S. Attorney; Layne Lindebak, Attorney General of Iowa; Vincent Garvey, U.S. Dept. of Justice) (dr) Modified on 06/04/1998 (Entered: 06/04/1998)

PROPOSED Order on Dfts' Motion to Terminate Relief submitted to Prison Litigation Reform Act submitted by plaintiff (dr) (Entered: 02/26/1998)

PROPOSED Alternative Order Under the PLRA submitted by plaintiff (dr) (Entered: 02/23/1998)

PROPOSED Order on Remand Under The PLRA submitted by defendants (dr) (Entered: 02/23/1998)

SUPPLEMENT by plaintiffs [399-1] to brief in opposition to dfts' motion to terminate relief pursuant to Prison Litigation Reform Act (dr) (Entered: 02/17/1998)

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley, Deputy Clerk; court reporter: Terri Martin; re [474-1] hearing on remand from Court of Appeals (appeal order) ; all paties may provide to court proposed decision they are desiring from Court to enter by (Status report ddl) 2/23/98 [minutes file stamped 2/13/98; received in clerk's office for docketing 2/17/98] (dr) (Entered: 02/17/1998)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing held 2/13/98 on dft's motion to terminate decree providing relief in this case; court granted parties opportunity by 2/23/98 to file proposed decision on issues presented by pending motions; court will then rule on pending motions after 2/23/98 (cc: all counsel) (dr) (Entered: 02/13/1998)

STATUS REPORT re Iowa Department of Public Health's inspection of Iowa State Penitentiary on June 25, 26, and 27, 1997 (dr) (Entered: 02/13/1998)

BRIEF FILED by defendant [477-2] regarding order (dr) (Entered: 02/13/1998)

REMARK - Filing #477 (Order of 2/4/98) mailed this date to John Whiston, Ayesha Khan, Layne Lindebak, Gordon Allen, Christopher Hagen, Vincent Garvey, Craig Kelinson (dr) (Entered: 02/05/1998)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing with counsel scheduled on 2/13/98 @ 9:00 a.m. at U.S. Courthouse in Des Moines; as stated in order of 1/6/98 parties are granted to and including 2/12/98 @ 4:30 p.m. to file further briefs (cc: all counsel) (dr) (Entered: 02/05/1998)

CERTIFIED COPY of judgment from USCA remanding the matter back to District Court [Appeal [458-1], [Appeal [457-1] (cc: all counsel) (pmb) (Entered: 02/03/1998)

ORDER by Chief Judge Charles R. Wolle-The court directs counsel for defendants to inform the court immediately upon receiving word that the procedendo has issued to the clerk of this court. (See order for specifics) (cc: all counsel) (pmb) (Entered: 01/06/1998)

COPY of Appellate Court Order:Upon review, appellees' motion is to remand these appeals to the district court for reconsideration of the motion for termination is granted. (pmb) (Entered: 12/29/1997)

ORDER by Chief Judge Charles R. Wolle; By not later than noon on 9/23/97, counsel for the defendants may submit to the court in writing by facsimile transmission reasons why counsel for the movants should not be allowed to meet with his identified committee at the Iowa State Penitentiary in Fort Madison on 9/24/97. Unless counsel for the defendants presents good cause, the court will allow counsel for the movants to meet with the committee on 9/24/97. (cc: all counsel) (dv) (Entered: 09/23/1997)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing held 8/4/97 : If class cnsl wishes to arrange for special class meetings and ISP officials oppose those arrangements, then class cnsl shall make a specific request to the court for the special meeting. (cc: all counsel) (cl) (Entered: 08/05/1997)

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Ann Moyna;Hearing help through ICN. (pmb) (Entered: 08/04/1997)

STATUS REPORT RE: Director of Iowa Department Public Health's Inspection of Iowa State Pentitentiary June 12 & 13, 1997. (ld) (Entered: 07/08/1997)

ORDER by Chief Judge Charles R. Wolle -- defs' to make arrangements for all committee members to meet with class counsel without correctional officers being present at 9:00 a.m. on 8/1/97 to resolve this question: when and under what circumstances should committee members and counsel be able to meet to discuss legal maters pending in this case? A representative from the A.G.'s office shall be available in Fort Madison to respond to questions by counsel and the committee. The court will be available... ; In-court hearing 8/1/97 at 1:00 p.m. on that date via ICN video conference to hold an evidentiary hearing if the parties cannot resolve the problem without the court's assistance. (cc: all counsel) (ld) (Entered: 07/01/1997)

CLERK'S COURT MINUTES on phone hrg. on post-appeal injunctive relief held 6/30/97: courtroom clerk: Minnie Alexander; court reporter: None; (ld) (Entered: 07/01/1997)

AFFIDAVIT of James Helling (ld) (Entered: 06/19/1997)

MEMORANDUM by defendant in support [465-1] of motion response (dv) (Entered: 06/17/1997)

RESISTANCE by defendant to motion for post-appeal preliminary injunction before Chief Judge Charles R. Wolle [461-1] (dv) (Entered: 06/17/1997)

ORDER by Chief Judge Charles R. Wolle rescheduling hearing on motion for post-appeal preliminary injunction [461-1] 1:30 6/27/97 (cc: all counsel) (dv) (Entered: 06/02/1997)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for post-appeal preliminary injunction [461-1] by telephone conference call at 10:00 on 6/27/97 court to place call (cc: all counsel) (cl) (Entered: 06/02/1997)

MEMORANDUM (brief) in support [461-1] of motion for post-appeal preliminary injunction before Chief Judge Charles R. Wolle (pmb) (Entered: 05/28/1997)

MOTION by plaintiff Clinton Morse Watson, intervenor-plaintiff Steven R Wycoff, intervenor Earl Emery, intervenor John Kime, intervenor Charles N Chadwick, intervenor-plaintiff Ernest F Walters, intervenor- plaintiff Richard D Dodd, intervenor-plaintiff Glendale More Jr for post- appeal preliminary injunction before Chief Judge Charles R. Wolle (pmb) Modified on 04/08/1998 (Entered: 05/28/1997)

LETTER to court from W.L. Garrison, Corrections Consultant, dtd' 7/12/96. (ld) (Entered: 05/06/1997)

NOTIFICATION by Circuit Court of Appellate Docket Number [459-1] 97-2042SIDM (pmb) (Entered: 04/23/1997)

NOTIFICATION by Circuit Court of Appellate Docket Number [457-1] 97-1866SIDM (pmb) (Entered: 04/10/1997)

NOTICE OF APPEAL by intervenor-defendant USA from Dist. Court decision [453-1] cc: all counsel (pmb) (Entered: 04/10/1997)

RECEIVED [458-1] re appeal fee in amount of $ 105.00 ( Receipt # 49564) (ld) (Entered: 04/30/1997)

NOTICE OF CONDITIONAL CROSS APPEAL by defendant Robert Ray, defendant Paul Hedgepeth, defendant Jim Helling from Dist. Court decision [453-1] cc: all counsel (pmb) (Entered: 03/20/1997)

RECEIVED [457-1] re appeal fee in amount of $ 105.00 ( Receipt # 49520) (pmb) (Entered: 03/07/1997)

NOTICE OF APPEAL by plaintiff from Dist. Court decision [453-1] cc: all counsel (pmb) (Entered: 03/07/1997)

MOTION by plaintiff, intervenor-plaintiffs for "postponement of determination of pla. entitlement to atty. fees & expenses" before Chief Judge Charles R. Wolle (rh) (Entered: 02/24/1997)

AFFIDAVIT of Philip Mears (rh) (Entered: 02/24/1997)

ORDER by Chief Judge Charles R. Wolle denying motion to alter/and or amend [446-1] judgment [447-1] , and to terminate prospective relief [447-1] {see for many specifics} (cc: all counsel) (rh) (Entered: 02/10/1997)

CLERK'S COURT MINUTES: courtroom clerk: M. Alexander; court reporter: T. Martin; motion to alter/and or amend [446-1] judgment [447- 1] before Chief Judge Charles R. Wolle [447-1] ; hearing held 8:15 1/14/97 (cc: JS10) (rh) (Entered: 01/15/1997)

RESISTANCE by defendant to motion to alter/and or amend [446-1] judgment [447-1] before Chief Judge Charles R. Wolle [447-1] (rh) (Entered: 12/23/1996)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion to alter/and or amend [446-1] judgment [447-1] by phone conf. 8:15 1/14/97; dft. shall file a response by 1/3/97 (cc: all counsel) (rh) (Entered: 12/23/1996)

ORDER by Magistrate Judge Celeste F. Bremer granting motion for disbursement of expenses in the amt. of $1,094.83 to MEARS LAW FIRM [448-1] (cc: all counsel, financial) (rh) (Entered: 12/20/1996)

MOTION by plaintiff, intervenor-plaintiff, intervenor for disbursement of expenses before Magistrate Judge Celeste F. Bremer (rh) (Entered: 12/18/1996)

MOTION by intervenor-plaintiffs to alter/and or amend [446-1] judgment [447-1] before Chief Judge Charles R. Wolle (rh) (Entered: 12/16/1996)

JUDGMENT: signed by L Hibbs re [445-2] order modifying the decree in the following : paragraph 27 shall provide that cellhouse 17 may be utilized to renovate...;Paragraph 23... max. security portion of ISP shall not exceed apox. 750 inmates; Paragraph 56.. the correctional officers, etc. shall increase in proportion to the population { SEE FOR MANY SPECIFICS} (cc: all counsel) OJ 252-68 (rh) (Entered: 12/05/1996)

FINDINGS OF FACT AND CONCLUSIONS OF LAW: by Chief Judge Charles R. Wolle re [357-1] motion for relief from final order {modification of consent decree} SEE FOR MANY MANY SPECIFICS terminating case (cc: all counsel) OJ 252-67 (rh) (Entered: 12/05/1996)

PROPOSED Order submitted by defendants (rh) (Entered: 11/27/1996)

NOTICE OF RECENT DECISION SUBMITTED by intervenor- defendant USA (rh) (Entered: 11/19/1996)

EXHIBITS (Large posterboard & chart) located in large posterboard exhibit unit of store room. [Far left corner of exhibit shelving] (ld) (Entered: 11/15/1996)

TRANSCRIPT VOL 2 - trial @ FT. MADISON 11/4/96 filed (rh) (Entered: 11/08/1996)

ORDER by Chief Judge Charles R. Wolle - dft. may present rebuttal testimony during the wk. of 11/12/96. All evidence submitted shall be by deposition tn. or testimony rec'd by phone conf. call; the matter will be deemed submitted UNLESS by 3:00 pm the ct. informs cnsl. of a hrng. {see for specifics} (cc: all counsel) (rh) (Entered: 11/05/1996)

EXHIBITS from phase 2 of trl. held 11/4/96 [439-1] located in expand folder w/file (rh) (Entered: 11/05/1996)

EXHIBIT LIST - from phase 2 of trial held 11/4/96 (rh) (Entered: 11/05/1996)

WITNESS list submitted from phase 2 of trial held 11/4/96 (rh) (Entered: 11/05/1996)

CLERK'S COURT MINUTES: minutes by Judge Wolle; court reporter: none; trbeg , trend Phase 2 of trial held in Ft. Madison (cc: JS10) (rh) (Entered: 11/05/1996)

------------------ VOLUME 6 --------------------------- {starting w/dkt. #437} (rh) (Entered: 11/05/1996)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing held - continuation will be 11/4/96 @ ISP {see for specifics) (cc: all counsel) (rh) (Entered: 10/30/1996)

RESISTANCE by defendant to M/for judgment as a matter of law and brief (rh) (Entered: 10/25/1996)

ORDER by Chief Judge Charles R. Wolle ; Trial PHASE II 11/4/96 @ 9:00 -in Ft Madison the court will tour facilities prior to trial (cc: all counsel) (rh) (Entered: 10/24/1996)

BRIEF IN SUPPORT OF JUDGMENT FILED by intervenor-plaintiff, intervenor (rh) (Entered: 10/23/1996)

PARTIAL TRANSCRIPT filed - trial testimony on 10/15/96 {cover pg. only} (rh) (Entered: 10/21/1996)

EXHIBITS [430-1] located in brwn. expand folder w/file {for part 2 of trial} (rh) (Entered: 10/17/1996)

ORDER by Chief Judge Charles R. Wolle ; Brief ddl 10/22/96 @ 12:00pm for intv. (cc: all counsel) (rh) (Entered: 10/17/1996)

WITNESS & EXHIBIT LIST from trial held 10/15/96 (rh) (Entered: 10/17/1996)

CLERK'S COURT MINUTES: courtroom clerk: S. Dooley; court reporter: T. Martin; PART 1 ct. trbeg , trend (rh) (Entered: 10/17/1996)

ORDER by Chief Judge Charles R. Wolle granting motion for disbursement of costs and fees for expert before Judge Charles R. Wolle [427-1] denying motion to continue trial before Chief Judge Charles R. Wolle [416-1], denying motion to continue trial before Chief Judge Charles R. Wolle [305-1] (cc: all counsel) (rh) (Entered: 10/15/1996)

MOTION by intervenor-plaintiff for disbursement of costs and fees for expert before Judge Charles R. Wolle (rh) Modified on 10/15/1996 (Entered: 10/15/1996)

ORDER by Chief Judge Charles R. Wolle re [418-1] motion to compel , re [416-1] motion to continue -- At hrg. held 10/9/96 court discussed scheduling and concluded this case will be bifurcated. Trial of first phase of case will be held commencing at 9:00 a.m. 10/15/96 by IFON videoconference. The court will then recess and begin the plntfs' presentation of evidence at 9:00 a.m. on Wed. 10/23/96 at the court facility on the grounds of the IA State Penitentiary in Ft. Madison. ; In- court hearing [court trial];10/23/96 at 9am SEE ORDER FOR PARTICULARS ON MOTIONS LINKED TO THIS ORDER. (cc: all counsel) (ld) (Entered: 10/11/1996)

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Terri Martin; re [418-1] motion to compel answers to interrogatories , re [416-1] motion to continue trial ; In-court hearing held 10/9/96 (ld) (Entered: 10/11/1996)

ORDER by Chief Judge Charles R. Wolle finding the motion to compel answers to interrogatories [418-1] moot, denying motion to continue trial [416-1], finding the motion TO TERMINATE PROSPECTIVE RELIEF [385-1] moot as its under advisement, granting motion for trial setting [372-1], taking under advisement on 10/30/96 the motion for relief from final order [357-1] (cc: all counsel) (rh) (Entered: 10/08/1996)

CLERK'S COURT MINUTES: courtroom clerk: A. Beneke; court reporter: T. Martin; phone conf. held (cc: JS10) (rh) (Entered: 10/07/1996)

RESPONSE by defendant [418-1] re: motion to compel answers to interrogatories before Magistrate Judge Celeste F. Bremer, [416-1] re: motion to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 10/09/1996)

CLERK'S COURT MINUTES: courtroom clerk: W. Alexander; court reporter: none; ptch (cc: JS10) (rh) (Entered: 10/07/1996)

ORDER by Chief Judge Charles R. Wolle taking under advisement on 10/3/96 the motion to continue trial at the FPT Conf. [416-1] (cc: all counsel) (rh) (Entered: 10/02/1996)

MEMORANDUM by plaintiff, intervenor-plaintiff, intervenor, intervenor-plaintiff in support [418-1] of motion to compel answers to interrogatories before Magistrate Judge Celeste F. Bremer (rh) (Entered: 10/02/1996)

MOTION by plaintiff, intervenor-plaintiff, intervenor, intervenor- plaintiff to compel answers to interrogatories before Magistrate Judge Celeste F. Bremer (rh) (Entered: 10/02/1996)

MEMORANDUM by plaintiff, intervenor-plaintiff, intervenor, intervenor-plaintiff in support [416-1] of motion to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 10/02/1996)

MOTION by plaintiff, intervenor-plaintiff, intervenor, intervenor- plaintiff to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 10/02/1996)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf (MAG) resched. to CRW ; final pretrial conf 10/3/96 @ 3:00 pm (cc: all counsel) (rh) (Entered: 09/30/1996)

RESPONSIVE BRIEF by plaintiff, intervenor-plaintiff, intervenor re [411-1] motion brief (rh) (Entered: 09/20/1996)

MOTION by plaintiff, intervenor-plaintiff, intervenor to exceed page limitation and ORDER /s/JRR, Clk granting motion [413-1] (cc: all counsel) (rh) (Entered: 09/20/1996)

ORDER by Chief Judge Charles R. Wolle granting motion for leave to respond to dft. supplemental brief and US brief [405-1] (cc: all counsel) (rh) (Entered: 09/19/1996)

BRIEF FILED by intervenor-defendant USA re: CONSTITUTIONALITY OF CERTAIN PROVISIONS OF THE PRISON LITIGATION REFORM ACT (rh) (Entered: 09/09/1996)

ORDER by Chief Judge Charles R. Wolle granting motion to exceed page limitation by USA [408-1] (cc: all counsel) (rh) (Entered: 09/09/1996)

ORDER by Chief Judge Charles R. Wolle granting motion to intervene by USA [406-1] (cc: all counsel) (rh) (Entered: 09/09/1996)

MOTION by intervenor-defendant USA to exceed page limitation before Chief Judge Charles R. Wolle {per office} (rh) (Entered: 09/09/1996)

MEMORANDUM by intervenor-defendant USA in support [406-1] of motion to intervene before Chief Judge Charles R. Wolle before (rh) (Entered: 09/09/1996)

MOTION by plaintiff, intervenor-plaintiff, intervenor for leave to respond to dft. supplemental brief and US brief before Judge Charles R. Wolle (rh) Modified on 09/17/1996 (Entered: 09/03/1996)