126 F.Supp.2d 487

Heit v. Corsetti

2001 U.S.Dist.LEXIS 532

U.S. District Court for the Eastern District of Michigan

U. S. Court of Appeals for the Sixth Circuit

U. S. Court of Appeals for the Sixth Circuit

U. S. Court of Appeals for the Sixth Circuit

COMPLAINT filed (57 pgs) w/jury demand, afdvt of financial status and certificate establishing prisoner account activity declaration in support of request to proceed in forma pauperis, &exhibit A; referred to Magistrate Judge Hugh W. Brenneman Jr. and automatically assigned to the Administrative Track. (mfb) (Entered: 10/07/1996)

ORDER (1 pg) to proceed in forma pauperis by Magistrate Judge Hugh W. Brenneman Jr. (cc: to pltf on 10/7/96) (mfb) (Entered: 10/07/1996)

MOTION by pltfs Richard T. Heit, Michael Wilcox &Brad Hangsleben for TRO and for preliminary injunction (mfb) (Entered: 10/07/1996)

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Richard T. Heit shall pay to the Clerk the sum of $12.16 as the initial partial filing fee w/in 30 days (11/11/96); pltfs failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) Modified on 10/16/1996 (Entered: 10/16/1996)

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Michael Wilcox shall pay to the Clerk the sum of $14.28 as the initial partial filing fee w/in 30 days (11/11/96); pltf's failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) (Entered: 10/16/1996)

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Brad Hangsleben shall pay to the Clerk the sum of $20.39 as the initial partial filing fee; pltf's failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) (Entered: 10/16/1996)

MOTION by pltf Michael Wilcox for an order for guidance and/or for clarification &certificate of svc (mfb) (Entered: 10/17/1996)

ORDER FOR PAYMENT OF INITIAL PARTIAL FILING FEE (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: w/in 30 days (11/18/96) pltf Richard T. Heit shall pay to the Clerk the sum of $12.16, pltf Michael Wilcox shall pay to the Clerk the sum of $14.28 &the pltf Brad Hanglseben shall pay the the Clerk the sum of $20.39; pltfs failure to comply w/this order will result in that pltf's dismissal from this case w/out prejudice &the remaining pltf(s) shall then be responsible for paying the entire $120.00 fee; the MI Dept of Correc shall place a hold on pltfs' prisoner accounts until the fill filing fee is paid (cc: all counsel on 10/21/96) (mfb) Modified on 10/21/1996 (Entered: 10/21/1996)

RECEIPT #036850 in the amount totalling $46.83 submitted by all pltfs Richard T. Heit ($12.16); Michael Wilcox ($14.28); &Brad Hangsleben ($20.39) for payment of the initial partial filing fee (mfb) (Entered: 11/13/1996)

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: the Clerk shall arrange for svc of the summons &complaint, w/a copy of this order, upon defts; defts shall reply to the complaint after svc, by way of answer, motion to dismiss, or motion for summary judgment w/in time allowed by law (cc: all counsel on 11/20/96) (mfb) (Entered: 11/20/1996)

SUMMONS issued as to defts MI Dept of Corr, Marjorie VanOchten, &Richard Stapleton and delivered to US Marshal for svc; copy of complaint sent to Atty General (mfb) (Entered: 11/20/1996)

CHANGE OF ADDRESS by pltf Michael Wilcox to Chippewa Correctional Facility, 4535 W. Tone Rd., Kincheloe, MI 49784 (mfb) (Entered: 11/22/1996)

SUMMONS AND RETURN OF SERVICE executed upon defts MI Dept of Correc, Marjorie VanOchten, &Richard Stapleton on 11/25/96 w/acknowledgment of receipt of summons &complaint via Marta K. Middleton, Lit. Coordinator (mfb) (Entered: 12/02/1996)

APPEARANCE OF COUNSEL by atty Christing M. Campbell on behalf of defts Marjorie VanOchten &Richard Stapleton (mfb) (Entered: 12/06/1996)

MOTION &BRIEF by defts Marjorie VanOchten &Richard Stapleton for enlargement of time in which to file responsive pleading (O/A requested) w/proposed order (mfb) (Entered: 12/06/1996)

MOTION by pltf Richard T. Heit for an order for certification of class action w/memorandum of law in support w/proposed order &cert of svc (mfb) (Entered: 12/16/1996)

ORDER (3 pgs) by Chief Judge Richard A. Enslen denying pltf's motion for preliminary injunction [3−2] (cc: all counsel 12/17/96) (skb) (Entered: 12/19/1996)

ORDER (1 pg) by Magistrate Judge Hugh W. Brenneman Jr. granting defts' motion for enlargement of time in which to file responsive pleading (O/A requested) [15−1] on or before 1/17/97 (cc: all counsel 12/20/96) (skb) (Entered: 12/20/1996)

MOTION by pltf Michael Wilcox for appointment of counsel w/brief in support &cert of svc (mfb) (Entered: 01/03/1997)

OPPOSITION by defts to pltf's motion for an order for certification of class action [16−1] should be denied &prf of svc (mfb) (Entered: 01/06/1997)

ORDER (2 pgs) by Chief Judge Richard A. Enslen: pltf's motion for an order for certification of class action is denied (cc: all counsel on 1/7/97) (mfb) (Entered: 01/07/1997)

CERTIFICATE OF SERVICE by pltf Richard T. Heit for 1st request for admissions (mfb) (Entered: 01/08/1997)

CERTIFICATE OF SERVICE by pltf Michael Wilcox for 1st set of interrogatories (mfb) (Entered: 01/08/1997)

ORDER (1 pg) by Magistrate Judge Hugh W. Brenneman Jr.: pltfs motion for appointment of counsel [19−1] is denied (cc: all counsel) (mfb) (Entered: 01/09/1997)

MOTION by defts to stay discovery (O/A requested) w/brief in support, attachments &proof of svc (mfb) (Entered: 01/22/1997)

OBJECTIONS by pltf Michael Wilcox to order denying pltfs' motion for appointment of counsel [25−1] &cert of svc (mfb) (Entered: 01/22/1997)

MOTION by defts Marjorie VanOchten &Richard Stapleton for Rule 12(b) dismissal and Rule 56(b) for summary judgment (O/A requested) w/brief in support, exhibits 1 &2, &proof of svc (mfb) (Entered: 01/22/1997)

SECOND MOTION by pltf for TRO and for preliminary injunction w/memorandum in support, declaration in support, attachments &prf of svc (mfb) (Entered: 01/29/1997)

MOTION &BRIEF by pltf Richard T. Heit to compel discovery requests &cert of svc (mfb) (Entered: 01/29/1997)

CERTIFICATE OF SERVICE by pltf Michael Wilcox re pltf's 2nd request for documents (mfb) (Entered: 02/05/1997)

MOTION by pltf Michael Wilcox for leave to supplement pltf's motion to compel discovery w/brief in support &cert of svc (mfb) (Entered: 02/05/1997)

MOTION by pltf Michael Wilcox for enlargement of time to respond to defts motion for dismissal and/or summary judgment (doc #28) w/brief in support incorporated &prf of svc (mfb) (Entered: 02/05/1997)

MOTION by pltf Richard T. Heit for Rule 56(f) continuance pending discovery w/brief in support incorporated &cert of svc (mfb) (Entered: 02/06/1997)

AFFIDAVIT of pltfs Richard Heit &Michael Wilcox in support of motion for Rule 56(f) continuance pending discovery [34−1] &cert of svc (mfb) (Entered: 02/07/1997)

RESPONSE by defts to pltf's motion for Rule 56(f) continuance pending discovery [34−1] &prf of svc (mfb) (Entered: 02/11/1997)

PROOF OF SERVICE by deft re the RRand memorandum opinion &order approving the RRin Willis v. Aleo, et al., Case No 2:94−cv−103 in response to pltfs' 1/31/97 motion to compel discovery upon pltfs (mfb) (Entered: 02/11/1997)

MOTION by pltf Michael Wilcox to strike defts' motion for summary judgment (doc #28) w/brief in support, attachments &cert of svc (mfb) (Entered: 02/18/1997)

PETITION by pltf Richard T. Heit to obtain depositions upon written questions, copy of unsworn declaration of Michael Wilcox, ntc of hrg w/date &time to be set by court, &cert of svc (mfb) (Entered: 02/18/1997)

RESPONSE by pltf Richard T. Heit to deft's motion opposing pltf's motion for Rule 56(f) continuance pending discovery [34−1] (mfb) (Entered: 02/18/1997)

PROOF OF SERVICE by defts re defts' motion &brief to amend complaint, proposed amended defts &amended complaint w/exhibits 4,5,&7 in Willis v. Aleo, et al., Case No. 2:94cv103 in response to pltf Wilcox's 2/8/97 letter (mfb) (Entered: 02/26/1997)

2ND LETTER to court from pltf Michael Wilcox requesting a copy of the docket sheet; copy of docket sheet sent to pltf (mfb) (Entered: 03/14/1997)

MOTION by pltf Richard T. Heit for immediate judgment as to the law governing this case, &thereby the questionof deft's claimed defense of qualified immunity w/brief in support incorporated, ntc of hrg w/date &time to be set &prf of svc (mfb) (Entered: 03/20/1997)

RECEIPT (Prison Litigation) #301647 in the amount of $15.00 submitted by pltf Richard T. Heit for filing fee installment; total paid prior to this receipt: $46.83 ; TOTAL PAID TO DATE: $61.83 (mfb) (Entered: 05/02/1997)

CHANGE OF ADDRESS by pltf Michael Wilcox (skb) (Entered: 06/11/1997)

MOTION by pltf Michael Wilcox for an order for guidance w/brief in support &prf of svc (mfb) (Entered: 06/23/1997)

REPORT AND RECOMMENDATION by Magistrate Judge Hugh W. Brenneman Jr. that defts' motion be granted for immediate judgment as to the law governing this case, &thereby the question of deft's claimed defense of qualified immunity [43−1] and that the case be dismissed (5 pgs) (cc: all counsel 8/6/97) (skb) Modified on 04/09/1998 (Entered: 08/06/1997)

MOTION by pltf Michael Wilcox for order to withdraw from case &cert of svc (mfb) (Entered: 08/14/1997)

MOTION by pltf Richard T. Heit for enlargement of time to file objections to the RR&prf of svc (mfb) (Entered: 08/18/1997)

Copy of RRre−mailed to Attorney General's office as they did not receive it; mailed to the attention of Melanie Pletcher, asst. to attorney Christine Campbell (krv) (Entered: 08/18/1997)

OBJECTIONS by pltf Richard T. Heit to Report and Recommendation [48−1] w/attached exhibits &prf of svc (mfb) (Entered: 08/19/1997)

LETTER to court from pltf Michael Wilcox re payment of filing fee (mfb) (Entered: 08/25/1997)

RESPONSE by defts to pltfs' objections to the Report &Recommendation of 7/31/97 [51−1] w/attachments &prf of svc (mfb) (Entered: 08/26/1997)

MOTION by pltf Richard T. Heit for leave to file/submit verified amended compliant w/prf of svc, &proposed 1st verified amended complaint w/exhibits (mfb) (Entered: 09/03/1997)

REPONSE by defts OPPOSING pltf Heit's motion for leave to file/submit verified amended compliant [54−1] w/prf of svc &attachments (mfb) (Entered: 09/08/1997)

RESPONSE by pltf Richard T. Heit to defts response to pltf's objection to RR [51−1]; cert of svc (mrs) (Entered: 09/10/1997)

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr. pltf Wilcox's motion to withdraw from this action [49−1] is unopposed and GRANTED; the other requests for relief made by pltf Wilcox alone, docket numbers 7 (parts 1 &2), 32, 33, 38 &47 are rendered moot and are DENIED; in light of the pending Rdeft Stapleton's motion to stay discovery [26−1] is GRANTED pending ruling on pltf Heit's objections to the RR pltf Heit's motion to compel discovery responses [30−1] and petition to obtain deposition on written questions of Bruce Maybee [39−1] are DENIED w/out prejudice to renewal should the stay be lifted; pltf Heit's motion for Rule 56(f) continuance pending discovery [34−1] and for immediate jgm [43−1] are DENIED w/out prejudice as moot in light of the recommendation of dismissal under Rule 12(b)(6) for lack of standing; pltf Heit's motion for enlargement of time to file objections to the RR[50−1] is DENIED (cc: all counsel 9/25/97) (skb) (Entered: 09/25/1997)

REPLY by pltf Richard T. Heit to deft's response to pltf's motion for leave to file/submit verified amended compliant [54−1] w/prf of svc (skb) (Entered: 09/25/1997)

REPORT AND RECOMMENDATION by Magistrate Judge Hugh W. Brenneman Jr. that pltf Heit's motion for TRO and preliminary injunction [29−1,2] &pltf's motion for leave to amended complaint [54−1] is denied (6 pgs); any objections to be filed w/in 10 days (cc: all counsel) (mfb) Modified on 05/04/1998 (Entered: 09/26/1997)

CHANGE OF ADDRESS by pltf (skb) (Entered: 09/30/1997)

RECEIPT (Prison Litigation) #303850 in the amount of $25.72 submitted by pltf Richard T. Heit for filing fee installment; total paid prior to this receipt: 61.83; PAID TO DATE: $87.55 (mfb) (Entered: 10/06/1997)

OBJECTIONS by pltf Richard T. Heit to second Report and Recommendation [59−1] &prf of svc (mfb) (Entered: 10/29/1997)

ORDER (13 pgs) by Chief Judge Richard A. Enslen granting pltfs' motion for appointment of counsel [19−1]; Elizabeth Alexander is appointed ; Status Conf is set for 2:30 p.m. on 5/4/98 before Judge Enslen (cc: all counsel) (rlw) (Entered: 04/01/1998)

ATTORNEY APPEARANCE by pltf Richard T. Heit adding attorney(s) Patricia A. Streeter w/prf of svc (mrs) (Entered: 04/10/1998)

ATTORNEY SUBSTITUTION: terminating attorney Christine M. Campbell for defts Richard Stapleton, Marjorie VanOchten and MDOC; and substituting attorney Linda M. Olivieri for the defts w/prf of svc (mrs) (Entered: 04/15/1998)

ATTORNEY APPEARANCE by pltfs Richard T. Heit and Brad Hangsleben adding attorney(s) Elizabeth Alexander (mrs) (Entered: 04/16/1998)

RENEWED MOTION by pltf Richard T. Heit for certification as class action w/brief in support and proposed amended class action complaint (mrs) (Entered: 04/16/1998)

MOTION by pltf Brad Hangsleben to withdraw as pltf w/brief in support (mrs) (Entered: 04/16/1998)

MOTION by pltf for leave to file supplemental objections to magistrate judge's RRw/brief in support (mrs) (Entered: 04/16/1998)

PROOF OF SERVICE by pltf for pleadings #66 thru #69 (mrs) (Entered: 04/16/1998)

REQUEST by defts Richard T. Heit and Brad Hangsleben for to exempt parties from attendance at Rule 16 Scheduling Conference (mrs) (Entered: 04/28/1998)

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ( 1 pgs) by Chief Judge Richard A. Enslen that the Clerk of the Court issue a Writ to the Warden at Oaks Correctional Facility at East Lake Michigan to bring Richard T. Heit before this Court on Monday, May 4, 1998 at 2:30 p.m. before Magistrate Judge Doyle A. Rowland. Prisoner is required to bring civilian clothing for his Court appearance (cc: all counsel)(cr) Modified on 04/28/1998 (Entered: 04/17/1998)

WRIT issued as to Richard T. Heit. Warden at Oaks Correctional Facility to bring Plaintiff Heit before Magistrate Judge Doyle A. Rowland, 410 W. Michigan Ave., Kalamazoo, MI, on May 4, 1998 at 2:30 p.m. Copies to all counsel, Marshals office in Grand Rapids and Kalamazoo and Warden at Oaks Correctional Facility. (cr) (Entered: 04/17/1998)

ORDER (1 pg) by Chief Judge Richard A. Enslen granting pltf Hangsleben's motion to withdraw as pltf [68−1]; and claims by party Brad Hangsleben are dismissed with prejudice (cc: all counsel) (mrs) (Entered: 04/28/1998)

ORDER (1 pg) by Chief Judge Richard A. Enslen denying deft's request to exempt parties from attendance [71−1] (cc: all counsel) (mrs) (Entered: 04/28/1998)

MOTION by defts for enlargement of time to respond to amended complaint, renewed motion for certification, motion to withdraw pltf, and motion to file supplemental objections to RRw/brief in support (mrs) (Entered: 04/29/1998)

JOINT STATUS REPORT w/prf of svc (mrs) (Entered: 04/30/1998)

ORDER (2 pgs) by Chief Judge Richard A. Enslen denying defts' motion for enlargement of time [75−1]; granting pltf's motion for certification as class action [67−1]; dismissing the following motions without prejudice: for TRO [29−1] and/or for preliminary injunction [29−2], to strike defts' motion for summary judgment [38−1], for immediate judgment [43−1], for leave to file/submit verified amended compliant [54−1], objections to RRfiled 8/18/97 [51−1], and objections to RRfiled 10/28/97 [62−1]; REPORT AND RECOMMENDATION filed 8/4/97 [48−1] and 9/26/97 [59−1] are rejected as moot; motion for leave to file supplemental objections [69−1] is denied as moot; and motion for Rule 12(b) dismissal [28−1] or 56(b) summary judgment [28−2] is denied as moot (cc: all counsel) (mrs) (Entered: 05/04/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Conf held at 2:30 p.m. on 5/4/98. CMO to follow. All pending motions dismissed w/o prejudice. Order to follow; Recorder, S. Seaton, tape #918 (mrs) (Entered: 05/05/1998)

AMENDED COMPLAINT (7 pgs) by pltf pursuant to Court Order of 5/4/98 dkt #78 (mrs) Modified on 08/31/1998 (Entered: 08/31/1998)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland dismissing all pending motions without prejudice (cc: all counsel) (mrs) (Entered: 05/05/1998)

ANSWER to amended class action complaint by defts w/prf of svc (mrs) (Entered: 05/07/1998)

ORDER (1 pg) by Chief Judge Richard A. Enslen Case referred to Magistrate Judge Doyle A. Rowland (cc: all counsel) (mrs) (Entered: 05/08/1998)

CASE MANAGEMENT ORDER (7 pgs) by Chief Judge Richard A. Enslen; joinder/amendment by 10/1/98; pltf's witnesses by 12/1/98; dft's witnesses by 2/15/99; interrogatories limited to 25 single part questions; depositions limited to 25 fact witnesses per party; trial set for 5/1/2000 trial session; discovery completed by 6/1/99; motion filing ddl set for 9/30/99; settlement conf set for 10:00 a.m. on 7/28/98 before Magistrate Judge Rowland; final pretrial conf set for 2:30 p.m. on 4/18/2000 before Magistrate Judge Rowland; ADR conference scheduled for 10/13/98 at 11:00 a.m. before Magistrate Judge Rowland; case assigned to complex track (cc: all counsel) (mrs) (Entered: 05/08/1998)

MOTION by pltf Richard T. Heit For Order Requiring Notice to the Class w/brief in support and attached Certificate of Service. (cr) (Entered: 06/09/1998)

RULE 12(b) MOTION by deft for dismissal w/brief in support &prf of svc (mfb) (Entered: 07/06/1998)

MOTION by defts for a protective order staying discovery w/brief in support &prf of svc (mfb) (Entered: 07/06/1998)

RESPONSE by pltf Richard T. Heit to motion for a protective order staying discovery [85−1] (cr) (Entered: 07/21/1998)

AFFIDAVIT of Elizabeth Alexander regarding Request for Production of Documents/Motion for a Protective Order. (cr) (Entered: 07/21/1998)

RESPONSE by pltf Richard T. Heit to motion for dismissal [84−1], motion For Order Requiring Notice to the Class [83−1] (cr) (Entered: 07/21/1998)

PROOF OF SERVICE by pltf Richard T. Heit for Plds #86 thru #88. (cr) (Entered: 07/21/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland ; ; Settlement conference Held at 10:00 a.m. on 7/28/98. Settlement was not reached by the ptys. Motion For Order (DKt. #83) Granted, Order to Follow ; C. Rather, Tape #931 (cr) Modified on 08/03/1998 (Entered: 08/03/1998)

ATTORNEY SUBSTITUTION: terminating attorney Linda M. Olivieri for MI Dept of Corr, Marjorie VanOchten and Richard Stapleton and substituting attorney

NOTICE OF CLASS ACTION (By the Court) to be posted on each floor of every housing unit in general population prisoners and to be provided individually to all other prisoners. (cr) Modified on 09/03/1998 (Entered: 08/03/1998)

MOTION by pltf Richard T. Heit for order to show cause w/brief in support with attached certificate of service. (cr) (Entered: 09/15/1998)

MOTION by pltf Richard T. Heit To Modify Case Management Order w/brief in support with attached certificate of service. (cr) (Entered: 09/15/1998)

ORDER Directing Defendants to Respond ( 1 pgs) by Magistrate Judge Doyle A. Rowland directing Defendants to respond to Pltf's Motion for Order to Show Cause (Dkt. #94) and Motion to Modify Case Management Order (Dkt. #95) on or before Sept. 23, 1998 (cc: all counsel) (cr) (Entered: 09/16/1998)

MEMORANDUM OPINION ( 7 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) (cr) (Entered: 09/24/1998)

ORDER in accordance with Memorandum Opinion( 1 pgs) by Chief Judge Richard A. Enslen denying Defts' motion for a protective order staying discovery [85−1] as moot, denying Defts' motion for dismissal [84−1] pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) (cc: all counsel) (cr) (Entered: 09/24/1998)

RESPONSE by deft to motion for order to show cause [94−1] with proof of service. (cr) (Entered: 09/29/1998)

REPLY brief in support of Motion For Order to Show Cause by pltf Richard T. Heit [94−1] with attached certificate of service. (cr) (Entered: 09/30/1998)