Case: Miller v. Massachusetts Department of Corrections

Motion by Sherman Miller for hearing relative to D's mtn to continue scheduled trial date (fmr) (Entered: 01/04/1991)

Motion by Sherman Miller for leave to file supplemental complaint (fmr) (Entered: 01/04/1991)

Judge Robert E. Keeton . Clerk's Notes: Hearing (rptr - Willette): Re: Ds' Motion for Continuance (Docket No. 157) Parties stipulate to a continuance and court ORDERS Trial set for april 25, 1991 at 9:30 a.m. Motion for Leave to File Supplemental Complaint (filed in court) Court DENIES Motio for Leave to File Supp. Complaint but will place proposed Supp. Complaint on the record. To the extent that new facts alleged re: existing count regarding treatment plan, the Supp. complaint is not necessary. To the extent that Supp. Complaint alleges any new OA's, it is too late in litigation to allow further amendment. P will be allowed to offer proof re: facts alleged in Supp. Complaint insofar as they relate to existing claims. P voluntarily dismisses Count 2 (opening of mail) and Count 3 (possession of banking docs) and Cout ALLOWS such dismissal. Court ALLOWS oral depos to be taken of Dr. Mark Sokol and Michael Stevens. D cl to contact P re: scheduling forthwith. court ALLOWS depos to be tape recorded; P to provide tapes, D to provide tape recorder. No transcript is necessary. Court allows P to propound written ints to Joseph Ponte and Ollie Langloss. All discovery must be completed before D files any Motion to Dismiss or Motion for Summary Judgment., (fmr) (Entered: 01/08/1991)

Motion by Sherman Miller for reconsideration and/or mtn to consider relevant portions of P's supplemental complaint as amended complaint (fmr) (Entered: 01/14/1991)

Memorandum by Sherman Miller in support of [164-1] motion for reconsideration and/or mtn to consider relevant portions of P's supplemental complaint as amended complaint (fmr) (Entered: 01/14/1991)

Motion by Sherman Miller for court order authorizing P to take deposition testimony by tape recorder and topurcahse tape recorder (fmr) (Entered: 01/23/1991)

Affidavit by Sherman Miller Re: [166-1] motion for court order authorizing P to take deposition testimony by tape recorder and topurcahse tape recorder (fmr) (Entered: 01/23/1991)

Memorandum by Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher in opposition to [164-1] motion for reconsideration and/or mtn to consider relevant portions of P's supplemental complaint as amended complaint (fmr) (Entered: 01/29/1991)

Memorandum by Corrections, Dept. o, Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher in opposition to [166-1] motion for court order authorizing P to take deposition testimony by tape recorder and topurcahse tape recorder (fmr) (Entered: 02/05/1991)

Notice by Sherman Miller to take deposition of Michael Stevens (fmr) (Entered: 02/13/1991)

Notice by Sherman Miller to take deposition of Mark Sokol (fmr) (Entered: 02/13/1991)

Notice by Sherman Miller to take deposition of Mark Sokol Ph.D. (fmr) (Entered: 02/19/1991)

Notice by Sherman Miller to take deposition of Michael Stevens (fmr) (Entered: 02/19/1991)

Letter from Joanne Cull to Mr. Miller re: enclosed jis two subpoenas for the deposition you intend to take along with a Marshal's Form.....(see letter for more details) (fmr) (Entered: 03/04/1991)

Return of depo subpoena on Mark Sokol service executed 2/19/91 (fmr) (Entered: 03/07/1991)

Return of depo subpoena on Michael Stevens service executed 2/19/91 (fmr) (Entered: 03/07/1991)

Judge Robert E. Keeton . Memorandum and Order - P's mtn for Reconsideration is DENIED. P's mtn to purchase tape recorder is DENIED, ENTERED, cc/cl. (fmr) (Entered: 04/01/1991)

Motion by Sherman Miller to shorten time for Deft Joseph Ponte to resopnd to pltf's interrogatories , filed, c/s. (ktb) (Entered: 04/12/1991)

Letter to Trina Pilcher, Deputy Clerk from Sherman Miller, Pro Se re- submitting documents received by the Court on 4/2/91 and returned to him as they did not conform with Local Rule 37, filed, c/s. (ktb) (Entered: 04/12/1991)

Motion by Sherman Miller to compel discovery and judgment of contempt , filed, c/s. (ktb) (Entered: 04/12/1991)

Affidavit by Sherman Miller Re: [180-1] motion to compel discovery and judgment of contempt, filed, c/s. (ktb) (Entered: 04/12/1991)

Memorandum by Sherman Miller in support of [180-1] motion to compel discovery and judgment of contempt, filed, c/s. (ktb) (Entered: 04/12/1991)

Motion by Sherman Miller to amend complaint by substituting parties and joining additional parties , filed, c/s. (ktb) (Entered: 04/12/1991)

Motion by Corrections, Dept. of Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher to dismiss and/or for summary judgment , filed, c/s. (ktb) (Entered: 04/12/1991)

Memorandum by Sherman Miller in support of [184-1] motion to dismiss and/or for summary judgment, w/attached exhibits, filed, c/s. (ktb) (Entered: 04/12/1991)

Judge Robert E. Keeton . (rptr-Willette) Clerk's Notes: Civil Non Jury Trial Day 1- Collquy re mtns currently pending. Ct stated preference for proceeding with trial and addressing issues if necessary as they arise at trail. Collquy re pre-trial discovery matters raised by P Miller after asking stated preference for proceedings w/trial giving P an opp'y to subpoena Michael Stevens with a subpoena duces tecum to appear rail. Ct deffered addressing issue of what Stevens most produce until Stevens or his attny has opp'y to respond. Collquy re: P's proposed witnesses. P not prep'd to list witnesses. Collquy re affect of Pearson decision by J Mazzone, aff'd by 1st Circuit on P remaining two counts. Arg by Mullen. collqu re issue of P;s standing to sue based on denial of access of cts of other persons. Arg by Miller on applicability of 1st Circuit. Bruder decision to his case. Miller submitted proposed witness list and made opening statement describing evidence he proposed to offer on two remaining counts in amended compliant. Opening by Mullen. Collquy re: declaratory relief on Count One and damages based on hiring cl. Ct directed Miller to submit evidence on damages by affdvt for COunt One and to submit brief on treatment claim in Count 6 on 4/30/91. D responses in affdvt and any bref due on 5/114/91. Info request for cross-x., ct will take u/a on 5/14/91. Ct deferred ruling on necessity of recieving evidence on Cunt 6 until it determines whether P's proffer is sufficient to state claim in light of Browder, filed (fmr) (Entered: 04/24/1991)

Motion by Sherman Miller to strike [184-1] motion to dismiss and/or for summary judgment (fmr) (Entered: 06/18/1991)

Witness list by Sherman Miller (fmr) (Entered: 06/18/1991)

Motion by Sherman Miller to extend time to file a memo of law to 5/10/91 (fmr) (Entered: 05/02/1991)

Judge Robert E. Keeton . Endorsed Order granting [187-1] motion to extend time to file a memo of law to 5/10/91 (fmr) (Entered: 05/02/1991)

P's memo of law, filed (fmr) (Entered: 05/13/1991)

Memo of law in support of First Cuase of action, filed (fmr) (Entered: 05/13/1991)

Affidavit fo Sherman Miller (fmr) (Entered: 05/13/1991)

Affidavit of John H, Cunha, Jr., filed (fmr) (Entered: 05/13/1991)

Affidavit by Sherman Miller (fmr) (Entered: 06/18/1991)

Supplement to P's trial brief and affdvt, filed (fmr) (Entered: 05/20/1991)

Affidavit of John H. Cunha, Jr. (fmr) (Entered: 05/20/1991)

Memorandum by Sherman Miller in support of first cause of action, filed (fmr) (Entered: 05/20/1991)

Judge Robert E. Keeton . Memorandum and Order - It is ORDERED: On the forgoing findings and conclusions, judgment will be entered fr D on P's sixth cause of action; declaratory releif in accordance with these findings and conclusions will be granted to P on his first cause of action; D will be ordered to pay P $500.00 as reimbursement for P's attny fees in enforcing this ct's order of 12/10/85; and all other claims are dismissed as directed inrevious orders of this ct in this case. P's mtn to amend complaint, mtn to shorten time to respond to interrogatories and mtn to compel disocvery are all dismissed at moot. Final Judgmet shall be entered forthwith in a separate document, ENTERED, cc/cl (fmr) (Entered: 06/12/1991)

Judge Robert E. Keeton . Judgment for Sherman Miller against Corrections, Dept. o, Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher It is ORDERED D shall pay P $500.00 as reimbursement for attny fees incurred by P in seeking to enforce this ct's Order of 12/10/85. Judgmetn for D's against P on P's sixth cause of action. The second, Third, Fourth, Fifth and Seventh Causes of action, To the extent that the First Cuase of Action requests releif beyond the declaratory releif and reimbursement set out above, it is DISMISSED. Exercising the discretion provided for in Fed. R. Civ. P 54(d) and in light of this ct's determination that no party properly may be designated the prevailing party for the case as a whole, the ct will not award costs to any party. D shall pay interest on the amount awarded in paragraph (1) at the post-judgment interest rate of 6.09% per annum from the date of judgment until paid, ENTERED, cc/cl (fmr) (Entered: 06/12/1991)

Case closed (fmr) (Entered: 06/26/1991)

Motion by Sherman Miller for reconsideration of [196-1] judgment order, [195-1] memorandum order (fmr) (Entered: 06/25/1991)

Motion by Sherman Miller for reconsideration of [196-1] judgment order, [195-1] memorandum order to Judge Robert E. Keeton (fmr) (Entered: 07/02/1991)

Affidavit by Sherman Miller Re: [201-1] motion for reconsideration of [196-1] judgment order, [195-1] memorandum order (fmr) (Entered: 07/02/1991)

Motion by Corrections, Dept. o, Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher to extend time to respond to P's mtn for partial reconsideration and clarification to Judge Robert E. Keeton (fmr) (Entered: 07/09/1991)

Notice of appeal by Sherman Miller Fee Status: (fmr) (Entered: 07/10/1991)

Judge Robert E. Keeton . Endorsed Order granting [203-1] motion to extend time to respond to P's mtn for partial reconsideration and clarification (fmr) (Entered: 07/15/1991)

Letter to the clerk from Sherman Miller re: money for the appeal will be at the court within 40 day period. .... (See letter for more details), filed. (fmr) (Entered: 07/16/1991)

Memorandum by Michael V. Fair, Charles Caughan, James J. Callahan, Richard Boucher in opposition to [201-1] motion for reconsideration of [196-1] judgment order, [195-1] memorandum order (fmr) (Entered: 07/18/1991)

USCA appeal fees received $ 105, receipt #10874 (fmr) (Entered: 07/30/1991)

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals: [204-1] appeal (fmr) (Entered: 07/23/1991)

Motion by Sherman Miller for leave to file nunc pro tunc memo of reasons to Judge Robert E. Keeton (fmr) (Entered: 07/24/1991)

Motion by Sherman Miller for leave to file reply brief opposing D's opposition to P's mtn for partial reconsideration and clairification of the ct's 6/11/91 memo and order to Judge Robert E. Keeton (fmr) (Entered: 07/24/1991)

Memorandum by Sherman Miller in support of [207-1] motion for leave to file nunc pro tunc memo of reasons (fmr) (Entered: 07/24/1991)

Affidavit by Sherman Miller Re: [209-1] support memorandum, [208-1] motion for leave to file reply brief opposing D's opposition to P's mtn for partial reconsideration and clairification of the ct's 6/11/91 memo and order, [207-1] motion for leave to file nunc pro tunc memo of reasons (fmr) (Entered: 07/24/1991)

Affidavit of Gerard Ready, filed (fmr) (Entered: 07/24/1991)

Notice of Docketing ROA from USCA Re: [204-1] appeal USCA NUMBER: 91-1706 (fmr) (Entered: 07/26/1991)

Letter to the clerk from P re: enclosed is copies of a letter and a check in the amount of $105.00... (See letter for more details), filed (fmr) (Entered: 08/06/1991)

Mandate of USCA Re: [204-1] appeal ISSUED. Appeal Dismissed (fmr) (Entered: 08/23/1991)

Judge Robert E. Keeton . Memorandum -... A separate order ruling on pending mtns will be entered forthwith... (See Memo for more detials), ENTERED, cc/cl. (fmr) (Entered: 08/26/1991)

Judge Robert E. Keeton . Order denying [201-1] motion for reconsideration of [196-1] judgment order, [195-1] memorandum order, denying [200-1] motion for reconsideration of [196-1] judgment order, [195-1] memorandum order (fmr) (Entered: 08/26/1991)

Ex- parte Motion by Sherman Miller to extend time for filing of appeal to Judge Robert E. Keeton (fmr) (Entered: 09/23/1991)

Motion by Sherman Miller for further review, to supplement pleadings and/or to reopen the case. to Judge Robert E. Keeton (fmr) (Entered: 09/23/1991)

Motion by Sherman Miller for leave to file to amend P's pleadings to conform to facts set forth in P's 9/13/91 supplemental affdvt to Judge Robert E. Keeton (fmr) (Entered: 09/23/1991)

supplemental Affidavit by Sherman Miller (fmr) (Entered: 09/23/1991)

Memorandum by Sherman Miller in support of [218-1] motion for leave to file to amend P's pleadings to conform to facts set forth in P's 9/13/91 supplemental affdvt, [217-1] motion for further review, to supplement pleadings and/or to reopen the case. (fmr) (Entered: 09/23/1991)

Notice of appeal by Sherman Miller Appeal record due on 10/30/91 (fmr) (Entered: 10/01/1991)

Terminated document(s) mooting [216-1] motion to extend time for filing of appeal, mooting [208-1] motion for leave to file reply brief opposing D's opposition to P's mtn for partial reconsideration and clairification of the ct's 6/11/91 memo and order, mooting [207-1] motion for leave to file nunc pro tunc memo of reasons Requested by JMCull. (lt) (Entered: 10/11/1991)

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals: [221-1] appeal (fmr) (Entered: 10/30/1991)

Notice of Docketing ROA from USCA Re: [221-1] appeal USCA NUMBER: 91-2054 (fmr) (Entered: 10/30/1991)

Judge Robert E. Keeton . Memorandum ISSUED re: A separate Final Order denying P's Motion for Further Review, to supplement pleadings, and/or to Reopen the Case, denying P's Motion for Leave to Amend P's Pleadings to Conform to Facts Set Forth in P's 9/13/91 Supplementary Affidavit, and granting P's Ex Parte Motion for extension of Time for Filing Notice of Appeal will be entered forthwith. See Gem Industries, Inc. v. Design Contempo, Inc., 940 F. 2d 716 (1st Cir. 1991) (post judgment orders "must comport with the separate document requirement of Fed. R. Civ. P. 58") (fmr) (Entered: 11/05/1991)

Judge Robert E. Keeton . Final Order: For the reasons stated in the separate Memorandum of this date, it is ORDERED: (1) P's Motion for Further Review, to Supplement Pleadings, and/or to Reopen the Case (Docket No. 217) is DENIED. (2) P's Motion for Leave to Amend P's Pleadings to Conform to Facts Set Forth in P's 9/13/91 Supplemental Affidavit (Docket No. 218) is DENIED. (3) P's Ex Parte Motion for Extension of Time for Filing Notice of Appeal (Docket 216) is granted, and P is hereby granted an extension of time to file his notice of appeal to 11/14/91 (fmr) (Entered: 11/05/1991)

Transmitted supplemental record on appeal: [221-1] Documents 222 and 223. (fmr) (Entered: 11/06/1991)

Notice of appeal by Sherman Miller of the 8/26/91 Order, 6/11/91 Memo & Order, and 11/4/91 Final Order. Appeal record due on 12/8/91 (fmr) (Entered: 11/08/1991)

Letter to the Clerk dated 11/12/91 enclosing a copy of a letter to court reporter Tim Willette re: copy of transcript. FILED (fmr) (Entered: 11/15/1991)

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals: [224-1] appeal (fmr) (Entered: 11/21/1991)

Notice of Docketing ROA from USCA Re: [224-1] appeal USCA NUMBER: 91-2183 (fmr) (Entered: 11/21/1991)

Judge Robert E. Keeton . Procedural Order Re: Request for transcripts at government expense. "...In oreder to aid the court in making that determination, plaintiff is directed to file a written submission with the Clerk of this court, on or before 1/28/92, stating what issues he intends to raise on appeal and why the requested transcripts are relevant to such issues." (fmr) (Entered: 01/07/1992)

Transmitted supplemental record on appeal: Document 219; [224-1] appeal, [221-1] appeal (fmr) (Entered: 01/14/1992)

Transmitted supplemental record on appeal: [224-1] appeal, [221-1] appeal (fmr) (Entered: 01/14/1992)

Mandate of USCA Re: granting [6-1] motion to dismiss (fmr) (Entered: 02/04/1992)

Letter to the clerk from Sherman Miller enclosing a check for appeal filing fee (fmr) (Entered: 02/13/1992)

USCA appeal fees received $ 105, receipt #14948. (fmr) (Entered: 02/25/1992)

Motion by Sherman Miller to extend time upto 2/7/92 to file a written submission re: issues to be raised on appeal FILED c/s (fmr) (Entered: 02/03/1992)

Judge Robert E. Keeton . Endorsed Order granting [227-1] motion to extend time upto 2/7/92 to file a written submission re: issues to be raised on appeal (fmr) (Entered: 02/07/1992)

Motion by Sherman Miller to extend time to 2/11/92 to file a written submission (fmr) (Entered: 02/06/1992)

Judge Robert E. Keeton . Endorsed Order granting [229-1] motion to extend time to 2/11/92 to file a written submission (fmr) (Entered: 02/06/1992)

Memorandum by Sherman Miller in support of motion for transcript at Gov't expense FILED (fmr) (Entered: 02/11/1992)

Judge Robert E. Keeton . Memorandum ISSUED, a separate Final Order will be entered forthwith. (fmr) (Entered: 02/19/1992)

Judge Robert E. Keeton . Separate Order (1) This court certifies that plaintiff raises substantial and non-frivolous issues on appeal that relate to matters contained in the trial transcript of 4/16/91. (2) Plaintiff shall be provided with the transcript of his 4/16/91 trial at government expense. (3) Any and all further requests for relief from this court are DENIED. (fmr) (Entered: 02/19/1992)

Transcript FILED. Conference before Judge Keeton held 1/3/92 (Reporter- Willette) (fmr) (Entered: 02/19/1992)

Transcript FILED. Non Jury Trial Proceedings held before Judge Keeton on 4/16/91. (Reporter Willette) (fmr) (Entered: 02/19/1992)

Transmitted supplemental record on appeal: Documents 232 through 233, [221-1] appeal (fmr) (Entered: 02/25/1992)

Transmitted supplemental record on appeal: Document 234, [224-1] appeal, [221-1] appeal (fmr) (Entered: 03/19/1992)

Terminated document(s) [217-1] motion for further review, to supplement pleadings and/or to reopen the case. Requested by jmc.As having been decided 11/4/91 (fmr) (Entered: 06/01/1992)

Terminated document(s) [218-1] motion for leave to file to amend P's pleadings to conform to facts set forth in P's 9/13/91 supplemental affdvt Requested by jmc. As having been decided 11/4/91. (fmr) (Entered: 06/01/1992)

Transmitted supplemental record on appeal: [224-1] appeal document 197 (eaf) (Entered: 03/29/1993)

Mandate of USCA Re: [224-1] appeal affirming orders of the district court (eaf) (Entered: 08/06/1993)

Mandate of USCA Re: [221-1] appeal affirming orders of the district court (eaf) (Entered: 08/06/1993)

(eaf) (Entered: 08/06/1993)