713 F.Supp. 1426, 1989 U.S.Dist.LEXIS 5703

Thembekile Charles Zingitwa

CONSENT ORDER w/AGREEMENT resolving the staffing level and post order issues as they relate to the Fulton County Jail (see for details) [nothing in this order shall be construed as a waiver of denfendant's position that the original Consent Decree applies only to the old Jefferson Street Jail and that this Court lacks jurisdiction to impose any order, including orders concerning staffing, regarding conditions at the Rice Street Jail; not shall it be construed to waive plaintiffs' position that the original Consent Decree applies to the new Rice Street Jail and that this Court has jurisdiction to impose orders, including orders concerning staffing, regarding conditions at the Rice Street Jail) by Judge J. Owen Forreste. cc (lk) (Entered: 02/26/1991)

ORDER APPROVING Monitor J. Keating's recommendation (the Court understands that the defendant, Fulton County, Georgia, does not waive its position that the original Consent Decree applies only to the old Jefferson Street Jail and that the Court lacks jurisdiction to impose any order regarding conditions at the Rice Street Jail and does not find that Fulton County has waived its position) by Judge J. O. Forrester. cc (lk) (Entered: 02/26/1991)

Notice of filing change of address for W. Davis Hewitt, attorney for state defendants. (lk) (Entered: 02/26/1991)

Notice to the Court by the State Defendants that its order requiring these defendants to pick up State inmates within 15 days expired on 12/19/90; however, these defendants have elected to continue the pick up of these inmates for the near future. (lk) (Entered: 02/26/1991)

ORDER APPROVING the monitors' proposed schedule of, budget for, the 90-day review and audit instrument for data collection as it relates to defendants' compliance with certain "core" policies and procedures (see for further details) by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 03/01/1991)

CONSENT ORDER temporarily lifting the protective order or seal as it applies to Exhibit "3" attached to the Consent Decree dated 4/19/84 in order to permit the clerk to provide a cert. cpy of the Consent Decree and Exhibit "3" to defendant Fulton Cty for use in pending action Mitchell v. Fulton Cty, et. al., Civil Action No. D85676 and the exhibits to the Consent Decree otherwise shall remain under seal as directed by prior order of the Court by Judge J. O. Forrester . cc (lk) (Entered: 03/27/1991)

APPLICATION for compensation and reimbursement of expenses for the period 2/1/91 thru 2/28/91 by movant J. Michael Keating (lk) (Entered: 03/27/1991)

ORDER DENYING pro se petr Leonard Earl Thornton's motion to amend the class action complaint and motion to proceed in forma pauperis with leave to renew through class counsel, APPROVING Monitor Keating's applications for compensation and reimbursement of expenses filed for the period 3/1/90 thru 3/31/90; and 1/30/91 for the period 12/1/90 thru 12/31/90; and 2/22/91 for the period 1/2/91 thru 1/31/91, and DENYING AS MOOT pla's motion for an extension of time to respond to interrogs to 1/30/01 by Judge J. O. Forrester. cc (lk) (Entered: 03/27/1991)

Application for leave of absence of Robert W. Cullen, Martha A. Miller . (JOF for approval). (lk) (Entered: 04/11/1991)

ORDER GRANTING application motion for leave of absence of Robert W. Cullen, Martha A. Miller [9-1] beginning 6/3/91 and extending through 6/7/91 for Robert W. Cullen, for Martha A. Miller by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 04/24/1991)

Application for leave of absence of William Davis Hewitt . (JOF for approval). (lk) (Entered: 04/29/1991)

ORDER GRANTING application motion for leave of absence of William Davis Hewitt [11-1] beginning 5/22/91 and extending through 5/30/91 for William Davis Hewitt by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 05/06/1991)

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 4/1/91 thru 4/30/91 . (JOF). (lk) (Entered: 05/21/1991)

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 5/1/91 thru 5/31/91 . (JOF). (lk) (Entered: 06/25/1991)

ORDER APPROVING Monitor Keating's applications for compensation and reimbursement of expenses for the periods 2/1/91 thru 2/28/91 and 3/1/91 thru 3/31/91 by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 06/26/1991)

Application for Writ of Mandamus and order to show due cause before Honorable Judge Forrester. (JOF) . (lk) (Entered: 07/22/1991)

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 6/1/91 thru 6/30/91 . (JOF). (lk) (Entered: 08/06/1991)

Attorney appearance for Larry D. Fambro, Larry Moore, John Frank Liphan, Jack Williams by Milton Dale Rowan. (JOF). (lk) (Entered: 08/12/1991)

RESPONSE by plaintiffs to tentative findings of fact. (km) (Entered: 08/21/1991)

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 7/1/91 through 7/31/91 . (lk) (Entered: 08/26/1991)

Application by movant J. Michael Keating for compensation and reimbursement of expenses for the period 8/1/91 thru 8/31/91 . (JOF). (lk) (Entered: 09/23/1991)

ORDER GRANTING application motion for compensation and reimbursement of expenses for the period 4/1/91 thru 4/30/91 by J. Michael Keating [13-1], GRANTING application motion for compensation and reimbursement of expenses by J. Michael Keating [14-1], GRANTING application motion for compensation and reimbursement of expenses for the period 6/1/91 thru 6/30/91 by J. Michael Keating [17-1] by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 09/27/1991)

Findings of fact and conclusions of law by movant J. Michael Keating. (JOF). (lk) (Entered: 10/23/1991)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 9/1/91 thru 9/30/91 with brief in support. (JOF). (lk) (Entered: 11/13/1991)

CONSENT ORDER extending time to 11/12/91 for response to findings of fact by J. Michael Keating [23-1] by Judge J. O. Forrester . cc (JOF). (lk) (Entered: 11/13/1991)

CONSENT ORDER extending time to 11/26/91 to respond to findings of fact by J. Michael Keating [23-1] by Judge J. O. Forrester . cc (JOF). (lk) (Entered: 11/26/1991)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 10/1/91 thru 10/31/91 with brief in support. (JOF). (lk) (Entered: 11/26/1991)

Response by defendants in Opposition of findings of fact by J. Michael Keating [23-1] (lk) (Entered: 12/05/1991)

Response by plaintiffs in Opposition of findings of fact by J. Michael Keating [23-1] (lk) (Entered: 12/05/1991)

MOTION (application) for leave of absence of Robert W. Cullen with brief in support. (JOF for approval). (lk) (Entered: 12/11/1991)

Response by defendant Sheriff to plaintiffs' response to findings of fact by J. Michael Keating [23-1]. (JOF). (lk) (Entered: 12/11/1991)

ORDER GRANTING motion for leave of absence of Robert W. Cullen [30-1] 12/4/91 thru 12/21/91, beginning 12/27/91 and extending through 1/3/92 for Robert W. Cullen by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 12/17/1991)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 11/1/91 thru 11/30/91 with brief in support. (JOF). (lk) (Entered: 12/23/1991)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 12/1/91 thru 12/31/91 with brief in support. (JOF). (lk) (Entered: 01/24/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 1/1/92 thru 1/31/92 with brief in support. (JOF). (lk) (Entered: 02/19/1992)

Notice of Revised Post Orders w/Memo & Attachments by plaintiffs and defendant Sheriff of Fulton County. (JOF) . (lk) (Entered: 02/24/1992)

ORDER GRANTING motion for compensation and reimbursement of expenses for the period 12/1/91 thru 12/31/91 by J. Michael Keating [34-1], GRANTING motion for compensation and reimbursement of expenses for the period 11/1/91 thru 11/30/91 by J. Michael Keating [33-1], GRANTING motion for compensation and reimbursement of expenses for the period 10/1/91 thru 10/31/91 by J. Michael Keating [27-1], GRANTING motion for compensation and reimbursement of expenses for the period 9/1/91 thru 9/30/91 by J. Michael Keating [24-1], GRANTING application motion for compensation and reimbursement of expenses for the period 8/1/91 thru 8/31/91 by J. Michael Keating [21-1], GRANTING application motion for compensation and reimbursement of expenses for the period 7/1/91 through 7/31/91 by J. Michael Keating [20-1] by Judge J. O. Forrester. cc (JOF). (lk) (Entered: 02/26/1992)

Joint MOTION to substitute revised post orders into the record with brief in support & proposed order. (JOF for approval). (lk) (Entered: 03/04/1992)

ORDER GRANTING motion for compensation and reimbursement of expenses for the period 1/1/92 thru 1/31/92 by J. Michael Keating [35-1] by Judge J. O. Forrester. cc (scg) (Entered: 03/20/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 2/1/92 thru 2/29/92. (JOF). (lk) (Entered: 03/26/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 3/1/92 thru 3/31/92 with brief in support. (JOF). (lk) (Entered: 04/28/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period 4/1/92 thru 4/30/92 with brief in support. (JOF). (lk) (Entered: 05/29/1992)

MOTION by movant J. Michael Keating for compensation and the reimbursement of expenses with attachments. JOF (bh) (Entered: 07/01/1992)

ORDER APPROVING motion for compensation and reimbursement of expenses [42-1] by J. Michael Keating for the period 4/1/91-4/30/92. by Judge J. O. Forrester cc (eyb) (Entered: 07/15/1992)

MOTION (application) by movant J. Michael Keating for compensation and the reimbursement of expenses for the period of 6/1/92-6/31/92 with brief in support. (eyb) (Entered: 07/15/1992)

Notice of Monitors' Interim Report on Co by J. Michael Keating, Jr. & Matthew A. Lopes, Jr. (scg) (Entered: 08/12/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 7/1/92 through 7/31/92 with attachments. (dfb) Modified on 09/21/1992 (Entered: 09/21/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 8/1/92 through 8/31/92 with attachments. (JOF). (dfb) (Entered: 09/22/1992)

ORDER by Judge J. Owen Forrester DIRECTING the ptys to file objections to the Monitor's Findings of Fact by COB, Friday, 10/16/92. Further, the ptys are allowed 10 days from receipt of opposing ptys objs to file responsive briefs. The Court does not intend to extend these time limits. cc (dfb) (Entered: 09/25/1992)

ORDER by Judge J. Owen Forrester APPROVING the Monitor's applications for compensation and reimbursement of expenses filed for the periods: 3/1/92 thru 3/31/92 [41-1]; 5/1/92 thru 5/31/92 [43-1]; 6/1/92 thru 6/30/92 [45-1]; and 7/1/92 thru 7/31/92 [47-1]. cc (dfb) (Entered: 10/09/1992)

Response by dfts Sheriff Robert H. McMichael & Superintendent Levi Dawson to order [49-1]. (dfb) (Entered: 10/21/1992)

Response by dfts Fulton County & Fulton County Board of Commissioners to Monitor's tentative findings of fact, filed as directed by order [49-1] of the court. (dfb) (Entered: 10/21/1992)

Response by third-party state dfts to Monitor's tentative findings of fact, filed as directed by order [49-1] of the court. (dfb) (Entered: 10/21/1992)

Attorney appearance for plaintiffs by Phyllis J. Holmen. (dfb) (Entered: 10/21/1992)

MOTION by plaintiffs for extension of time to respond to order [49-1] with brief in support. (To JOF for consideration). (dfb) (Entered: 10/21/1992)

MOTION (application) by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 9/1/92 through 9/30/92 with attachments. (dfb) (Entered: 10/26/1992)

Response by plaintiffs to Monitor's tentative findings of fact, filed as directed by order [49-1]. (To JOF). (dfb) (Entered: 10/26/1992)

ORDER by Judge J. Owen Forrester APPROVING application for compensation and reimbursement of expenses for the period of 8/1/92 through 8/31/92 [48-1] by J. Michael Keating. cc (dfb) (Entered: 10/28/1992)

ORDER by Judge J. Owen Forrester GRANTING motion for extension of time to 10/22/92 to respond to order [49-1] by plas [55-1]. cc (dfb) (Entered: 11/02/1992)

Reply by dfts Fulton County and Fulton County Board of Commissioners to dfts Sheriff & Superintendent's response [51-1] to Monitor's Report. (dfb) (Entered: 11/05/1992)

Reply by dfts Fulton County and Fulton County Board of Commissioners to plas' response [57-1] and dfts Sheriff & Superintendent's response [51-1]. (dfb) (Entered: 11/10/1992)

MOTION by movant J. Michael Keating for compensation and the reimbursement of expenses for the period of 10/1/92 through 10/31/92 with brief in support. (dfb) (Entered: 12/03/1992)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 9/1/92 through 9/30/92 [56-1] by J. Michael Keating. cc (dfb) (Entered: 12/04/1992)

Request by dfts for leave of absence of W. Davis Hewitt . (JOF). (dfb) (Entered: 12/08/1992)

MOTION by dfts Fulton Cnty Sheriff & Fulton Cnty Jail Superintendent's for judgment with brief in support. (dfb) (Entered: 12/23/1992)

MOTION by Fulton Cnty and Fulton Cnty Bd of Commissioners to terminate supervision and enter partial judgment for dfts with brief in support. (dfb) (Entered: 12/23/1992)

ORDER by ct dep GRANTING dfts' request for leave of absence of W. Davis Hewitt [64-1] beginning 12/28/92 and extending through 1/7/93. cc (dfb) (Entered: 12/23/1992)

Monitors' final findings of fact w/3 black binders of exhibits in support. (dfb) (Entered: 12/23/1992)

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 12/30/1992)

Request for direction by plaintiffs. (dfb) (Entered: 01/21/1993)

MOTION by plas to conditionally dismiss certain issues with brief in support. (dfb) (Entered: 01/21/1993)

Response by plas to motion to terminate supervision and enter partial judgment for dfts [66-1] and to motion for judgment [65-1]. (dfb) (Entered: 01/21/1993)

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 12/1/92 through 12/31/92 with brief in support. (dfb) (Entered: 01/21/1993)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and the reimbursement of expenses for the periods of 10/1/92 through 10/31/92 [62-1] and 11/1/92 through 11/30/92 [69-1]. cc (dfb) (Entered: 01/28/1993)

Response by dfts Fulton County and FC Bd of Commissioners to plas' motion to conditionally dismiss certain issues [71-1]. (dfb) (Entered: 02/01/1993)

CONSENT ORDER by Judge J. Owen Forrester GRANTING motion for judgment [65-1] and motion to terminate supervision and enter partial judgment for dfts [66-1]; case is partially dismissed as to certain issues (see order for details); remaining issues to be resolved by the ptys in consort w/the federal monitor and upon final review by this Court. cc (dfb) (Entered: 02/05/1993)

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 1/1/93 through 1/31/93 with brief in support. (dfb) (Entered: 02/23/1993)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 12/1/92 through 12/31/92 [73-1] by J. Michael Keating. cc (dfb) (Entered: 03/03/1993)

CONSENT ORDER approved by Judge J. Owen Forrester terminating the court's jurisdiction and supervision over Classification and Key Control; vacating portion of court's 4/19/84 order which relates to those two issues. cc (dfb) (Entered: 03/19/1993)

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 2/1/93 through 2/28/93 with brief in support. (dfb) (Entered: 03/23/1993)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 1/1/93 through 1/31/93 [77-1] by J. Michael Keating. cc (dfb) (Entered: 04/09/1993)

MOTION by movant J. Michael Keating compensation and reimbursement of expenses for the period of 3/1/93 through 3/31/93 with brief in support. (dfb) (Entered: 04/26/1993)

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses for the period of 4/1/93 through 4/30/93 with brief in support. (dfb) (Entered: 05/13/1993)

ORDER by Judge J. O. Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 2/1/93 through 2/28/93 [80-1] and APPROVING motion compensation and reimbursement of expenses for the period of 3/1/93 through 3/31/93 [82-1] by J. Michael Keating. cc (pmm) (Entered: 05/26/1993)

Response by Fulton County Board of Commissioners to monitor's tentative findings of fact. (dfb) (Entered: 07/06/1993)

Response by Sheriff and Superintendent to monitor's tentative finds of fact. (dfb) (Entered: 07/06/1993)

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 06/29/1993)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 4/1/93 through 4/30/93 [83-1] by J. Michael Keating. cc (dfb) (Entered: 07/20/1993)

Monitors' Final Findings of Fact with Exhibits A-E. (dfb) (Entered: 07/23/1993)

CONSENT ORDER approved by Judge J. Owen Forrester cancelling proceeding set for Tuesday, 7/27/93 at 10:00 a.m. as there are no outstanding motions pending in this action. cc (dfb) (Entered: 07/27/1993)

APPLICATION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 08/02/1993)

Response by Sheriff and Superintendent to Monitor's Final Findings of Fact [89-1]. (dfb) (Entered: 08/04/1993)

Response by dft Fulton County and Fulton County Board of Commissioners to Monitor's Final Findings of Fact [89-1]. (dfb) (Entered: 08/04/1993)

APPLICATION by movant J. Michael Keating compensation and the reimbursement of expenses with brief in support. (dfb) (Entered: 08/27/1993)

Response by Sherriff and Chief Jailer to Monitor's Findings of Fact [89-1]. (dfb) (Entered: 08/30/1993)

ORDER by Judge J. Owen Forrester APPROVING motion for compensation and reimbursement of expenses for the period of 5/1/93 through 5/31/93 [85-1] by J. Michael Keating. cc (dfb) (Entered: 09/09/1993)

MOTION by movant J. Michael Keating for compensation and reimbursement of expenses with brief in support. (dfb) (Entered: 09/14/1993)

Attorney appearance by Theodore H. Lackland as counsel for dfts/3rd-pty plas Leroy N. Stynchcombe (Sheriff of Fulton County) and Ellis L. Brownlee (Chief Jailer of Fulton County Jail). (dfb) (Entered: 09/16/1993)

Certification of consent to withdrawal and substitution of counsel for dfts Leroy N. Stynchcombe (Sheriff, Fulton Cnty) and Ellis L. Brownlee (Chief Jailer, Fulton Cnty Jail); Theodore Lackland of Lackland & Associates replacing the firm of Arnall, Golden & Gregory as counsel of record. . (dfb) (Entered: 09/28/1993)

ORDER by Judge J. Owen Forrester APPROVING J. Michael Keating's motions for compensation and reimbursement of expenses for 6/1/93 through 6/30/93 [91-1], 7/1/93 through 7/31/93 [94-1] and 8/1/93 through 8/31/93 [97-1]. cc (dfb) Modified on 09/28/1993 (Entered: 09/24/1993)