Case: Knop v. Johnson

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

TRANSCRIPT filed for hearing on Motion to Extend Time for Filing Notice of Cross−Appeal held before Mag. Rowland on 8/16/89 and transcribed by Nancy E. Gass, C.E.R. (rlw) (Entered: 03/29/1990)

QUARTERLY REPORT (STATUS REPORT) of toilet monitor at Riverside Correctional Facillity by David T. Prichard (rlw) (Entered: 03/29/1990)

LETTER dated 3/29/90 from David Prichard, Court Monitor, directed to Judge Enslen re three monitoring provision concerns (kkr) (Entered: 04/18/1990)

ORDER (2 pages) by Judge Richard A. Enslen directing pltfs and defts to file written Responses w/in 30 days from date of this Order to 3/29/90 Letter from David Prichard raising three monitoring provision concerns (cc: all counsel) (kkr) (Entered: 04/18/1990)

INFORMATION copy from CCA dismissing the appeal ( 20 pages) (rlw) (Entered: 04/25/1990)

RESPONSE by plaintiffs to Toilet Monitor's Report [1103−1] w/attachment 1 w/Certificate of Service (rlw) (Entered: 05/14/1990)

REPORT (second in a series of four reports w/in the segregation and reception units at the Ionia Riverside Correctional Facility) (STATUS REPORT) (rlw) (Entered: 06/19/1990)

MOTION by plaintiffs for temporary restraining order to restrain defts from transferring pltf T.J. Spytma from Egeler Facility , and for preliminary injunction to restrain defts from transferring pltf T.J. Spytma from Egeler Facility w/Declaration by E. Alexander w/Memorandum in Support w/Certificate of Service (rlw) (Entered: 06/19/1990)

ORDER (1 pages) by Judge Richard A. Enslen in accordance w/oral opinion of 5/l6/90 denying pltfs' motion for temporary restraining order to restrain defts from transferring pltf T.J. Spytma from Egeler Facility [1108−1] denying pltfs' motion for preliminary injunction to restrain defts from transferring pltf T.J. Spytma from Egeler Facility [1108−2] (cc: all counsel) (rlw) (Entered: 06/19/1990)

ORDER (2 pages) by Judge Richard A. Enslen that the non−severed claims in this matter are dismissed w/prejudice (cc: all counsel) (rlw) (Entered: 06/19/1990)

RECORD on Appeal returned from CCA re appeals filed 9/2l/87, l2/2/87 and l2/ll/87 (rlw) (Entered: 07/12/1990)

OPINION (4 pages) by Judge Richard A. Enslen (cc: all counsel) (dkm) (Entered: 07/20/1990)

ORDER (2 pgs) in accordance w/Opinion by Judge Richard A. Enslen: IT IS ORDERED that the Toilet Monitor shall observe the orientation process on toilet usage with the segregation/reception units; Toilet Monitor be allowed, if he requests, to conduct private interviews w/inmates; each instance of urination or defecation w/in a cell shall be logged &reviewed by the Toilet Monitor &included in his quarterly reports &provided in paragraph 9 of "Defts' Plan for Monitoring Inmate Access to Sanitary Toilet Facilities" filed on 5/3/89 (cc: all counsel) (dkm) (Entered: 07/20/1990)

NOTICE OF CHANGE OF ADDRESS by pltf's counsel, The National Prison Project (ACLUF), in Washington, DC w/Certificate of Svc (dkm) (Entered: 09/08/1990)

REPORT by David T. Prichard, Court Monitor (STATUS REPORT) regarding observations at Riverside Correctional Facility w/attachments (rlw) (Entered: 10/15/1990)

LETTER to court from Asst. Atty. General Donald S. McGehee indicating that he has been transferred to the Tort Defense Division within the Dept. of Attorney General, effective 11/26/90; as of that date he was no longer authorized to serve as counsel for defts (Jack Bergman, John Prelesnik, Theodore W. Koehler, John Jabe, Dale Foltz, Robert Brown Jr., &Perry M. Johnson); therefore Susan Przekop−Shaw will continue to represent these defts &remain as primary counsel (dkm) (Entered: 01/18/1991)

REQUEST (Letter) to Court by David T. Prichard, Court Monitor, requesting acceptance of a new procedure to improve accuracy of recording inmates usage of bathroom facilities at the Riverside Correctional Facility to be in compliance with the court's order w/attached Figures 1−2 (dkm) (Entered: 04/18/1991)

REPORTS (STATUS REPORT) by David T. Prichard, Court Monitor concerning toilet activity w/attachments (rlw) (Entered: 09/13/1991)

SUPPLEMENT to report [1118−1] submitted by David T. Prichard, Court Monitor (rlw) (Entered: 09/13/1991)

STATUS REPORT by David T. Prichard, Court Monitor summarizing prisoner activity beginning 5/l/9l through ll/20/9l (rlw) (Entered: 12/06/1991)

REPORT (STATUS REPORT) by David T. Prichard, Monitor summarizing prisoner activity taking place between 2/4/92 and 6/5/92 (rlw) (Entered: 06/16/1992)

NOTICE by defendants of Withdrawal of Appearance by Donald S. McGehee (rlw) (Entered: 09/01/1992)

ATTORNEY APPEARANCE by Barbara A. Schmidt on behalf of defendants w/stamped Proof of Service (rlw) (Entered: 09/02/1992)

SLIP OPINION from CCA that Parts I,III and IV A of the remedial ordered entered by the district court in Knop,Case Nos. 88−1563/88−1634, are vacated, and both cases are remanded to the district court (ghl) (Entered: 12/28/1992)

MANDATE from Sixth Circuit Court of Appeals that Parts I,III and IV A of the remedial order entered by the district court in Knop, Case Nos.88−1563/88−1634, are vacated, and both cases are remanded to the United States District Court for the Western District of Michigan for further proceedings not inconsistent with the opinion (ghl) (Entered: 12/28/1992)

MOTION by plaintiffs for status conference ( hearing) w/memorandum, certificate of service (rlw) (Entered: 01/05/1993)

BRIEF In RESPONSE by defts to pltfs' motion for status conference [1126−1] w/stamped prf of svc (dkm) (Entered: 01/08/1993)

ORDER (3 pgs) by Judge Richard A. Enslen ; compliance hearing is rescheduled to 1:30 p.m. beginning 3/4/93 and continuing 3/5, 3/11, 3/12 1993 ; parties shall file lists of witnesses by 2/19/93; granting pltfs' motion for status conference (hearing) [1126−1] (cc: all counsel) (rlw) (Entered: 01/26/1993)

ORDER from CCA remanding the matter back to District Court [Appeal [1125−1] The appellee cross−appellants' motion for remand is granted in light of this Court's ruling in Knop v. Johnson, 977 F.2d 966 (6th Cir. 1992). Moreover, this Court remands this case without prejudice to the parties' ability to appeal the district court's ultimate attorney's fee award. (ghl) (Entered: 03/11/1993)

RECORD on Appeal returned from CCA in Grand Rapids Clerk's Office (rlw) (Entered: 03/19/1993)

PROCEEDING before Judge Richard A. Enslen; Status Conf. in chambers on 3/4/93 at 1:30 p.m. re "Access to Courts" issue; defts will submit a plan to the Court by 6/1/93; pltfs must respond by 7/1/93 (rlw) (Entered: 03/09/1993)

MANDATE from Sixth Circuit Court of Appeals The appellee cross−appellants' motion for reman is granted in light of this Court's ruling in Knop v. Johnson, 977 F.2d 966 (6th Cir. 1992). Moreover, this Court remands this case without prejudice to the parties' ability to appeal the district court's ultimate attorney's fee award (ghl) (Entered: 03/26/1993)

LETTER to court from prisoner James Lanni requesting copies of addresses of parties (rlw) (Entered: 05/13/1993)

MOTION by movant James Lanni for substituted service w/affidavit in support (rlw) (Entered: 05/13/1993)

OPINION (4 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 06/01/1993)

JUDGMENT: (2 pgs) by Judge Richard A. Enslen in accordance w/opinion denying motion for substituted service [1133−1], granting movant's motion for waiver of fees and costs; denying motion to intervene by James Lanni [1132−1]; that any appeal in this matter by petitioner, proceeding in forma pauperis is not taken in good faith (cc: all counsel) (rlw) (Entered: 06/01/1993)

ORDER (2 pgs) by Judge Richard A. Enslen that defts shall submit a legal access plan consistent w/Sixth Circuit decision in this case 977 F.2d 996 no later than 6/15/93; pltfs' response due no later than 7/15/93 (cc: all counsel) (rlw) (Entered: 06/07/1993)

LETTER to court from defendants w/attached copy of defts' Legal Access Plan, submitted consistent with the Sixth Circuit Court of Appeals' decision in this case (rlw) (Entered: 06/16/1993)

MAIL RETURNED, [1134−1] addressed to pltf's counsel Theresa A. Chmara, Donald B. Verrilli, Jr., Bruce J. Ennis, Mark D. Schneider of Jenner &Block marked "moved not forwardable". Copies remailed 6/21/93 to new address (rlw) (Entered: 06/21/1993)

MAIL RETURNED as addressed to Theresa A. Chmara for Opinion and Judgment [1134−1] on behalf of pltfs Kerwin Cook, Ron Mixon, Butch Davis, Robert Shipp, T. Jon Spytma, Vernard Cohen, Sommerville, Gus Jansson, Ramando Valeroso, William Lovett II, John Ford, Gary Knop (remailed 7/28 to new address) (rlw) (Entered: 07/28/1993)

MOTION by plaintiffs to exceed page limitation for their joint response in opposition to defts' remedial plan to comply with decision of the US Court of Appeals in Hadix v Johnson and remedial plan to comply with decision of US Court of Appeals in Knop v Johnson w/brief in support w/PROPOSED joint response, proof of service (rlw) (Entered: 07/30/1993)

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland granting pltfs' motion to exceed page limitation for their joint response in opposition to defts' remedial plan to comply with decision of the US Court of Appeals in Hadix v Johnson and remedial plan to comply with decision of US Court of Appeals in Knop v Johnson [1140−1] (cc: all counsel) (rlw) (Entered: 08/03/1993)

OPPOSITION by plaintiffs to defts' remedial plan to comply with decision of the US Court of Appeals in this case [1125−1] (rlw) (Entered: 08/04/1993)

ORDER rejecting pleading (1 pg) by Magistrate Judge Doyle A. Rowland − movant James Lanni's the omission of a brief in support of motion for permissive intervention pursuant to Local Rule 27(a) and the omission of a motion for brief to expand time pursuant to Local Rule 27(a) (cc: all counsel) (rlw) (Entered: 08/31/1993)

MOTION by movant James Lanni to intervene w/brief in support (rlw) (Entered: 09/08/1993)

MOTION by movant James Lanni to extend time 180 days to answer or otherwise move with respect to the permissive intervention w/brief in support (rlw) (Entered: 09/08/1993)

MOTION by plaintiffs for attorney fees in the amount of $2,197,108.39 w/brief in support, Exhibits 1−5, certificate of service (rlw) (Entered: 10/07/1993)

THIRD SUPPLEMENTAL APPLICATION by plaintiffs for attorneys' fees w/Exhibits A−Q, certificate of service (rlw) (Entered: 10/07/1993)

MOTION by defendants to extend time for responding to pltfs' motion for award of fees w/brief in support (rlw) (Entered: 10/22/1993)

NOTICE of hearing: before Magistrate Judge Doyle A. Rowland on defts' motion to extend time for responding to pltfs' motion for award of fees [1149−1]; is set for 10:00 a.m. on 11/17/93 (cc: all counsel) (rlw) (Entered: 10/26/1993)

OPPOSITION by plaintiffs to defts' motion to extend time for responding to pltfs' motion for award of fees [1149−1] w/certificate of service (rlw) (Entered: 10/28/1993)

PROOF OF SERVICE by defendant for Interrogatories, Request for Production of Documents, Request for Admissions (rlw) (Entered: 11/15/1993)

MOTION by movant James Lanni to consolidate cases 1:84−cv−651, 1:84−cv−63 assigned to Judge Enslen and case No. 4:93−cv−176 assigned to Judge Gibson (rlw) (Entered: 11/16/1993)

ORDER (2 pgs) by Judge Richard A. Enslen denying movant James Lanni's motion to extend time 180 days to answer or otherwise move with respect to the permissive intervention [1145−1], denying movant James Lanni's motion to intervene [1144−1] (cc: all counsel) (rlw) (Entered: 11/16/1993)

PROOF OF SERVICE by plaintiffs for Request to Produce Documents and Interrogatories (rlw) (Entered: 11/22/1993)

STIPULATION AND ORDER (1 pg) by Magistrate Judge Doyle A. Rowland: granting an extensioin of time for defts to answer pltfs' motion for attorney fees in the amount of $2,197,108.39 [1146−1] until 12/15/93 (cc: all counsel) (rlw) (Entered: 11/23/1993)

PROOF OF SERVICE by defendants for Offer of Judgment in favor of pltfs and against defts for a total sum of $811,364(rlw) Modified on 01/13/1994 (Entered: 12/03/1993)

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland denying James Lanni's motion to consolidate cases 1:84−cv−651, 1:84−cv−63 assigned to Judge Enslen and case No. 4:93−cv−176 assigned to Judge Gibson [1153−1]; denying James Lanni's motion to extend time 180 days to answer or otherwise move with respect to permissive intervention 1144 1145 (cc: all counsel) (rlw) Modified on 12/06/1993 (Entered: 12/06/1993)

PROOF OF SERVICE by plaintiffs for Response to defts' Interrogatories, Response to Produce Documents, Response to defts' Request for Admissions (rlw) (Entered: 12/13/1993)

PROOF OF SERVICE by defendants for Offer of Judgment w/attached Offer of Judgment in the amount of $925,561 in favor of pltfs and against defts (rlw) (Entered: 12/21/1993)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland rejecting Jerry Binion's Motion to Appeal the Magistrate's Order of 12/3/93 because he is neither a party to this action nor a movant to the Motion to Intervene and to Extend Time denied by the Magistrate's Order of 12/3/93 (cc: all counsel) (rlw) (Entered: 12/21/1993)

OPINION (3 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 12/28/1993)

ORDER (3 pgs) by Judge Richard A. Enslen in accordance w/opinion denying Jerry Binion's appeal of the magistrate's 12/3/93 order (cc: all counsel) (rlw) (Entered: 12/28/1993)

STIPULATION AND ORDER (2 pgs) by Judge Richard A. Enslen granting pltfs' motion for attorney fees [1146−1] including pltfs' First, Second and Third Supplemental Applications; attorneys' fees, costs and expenses are settled in full for the sum of $1,125,561.00; judgment shall accrue interest unless defts pay this

MOTION by defendants to file instanter w/brief in support w/PROPOSED brief in support of defts' legal access plan and in opposition to pltfs' joint motion to reject the legal access plan and Hadix defts' response to pltfs' motion to require submission of the Huron Valley Psychiatric Hospital statement regarding program, staffing, operation and space use w/stamped proof of service (rlw) (Entered: 03/01/1994)

MEMORANDUM by plaintiffs in support of their motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1] (rlw) (Entered: 03/04/1994)

ORDER (3 pgs) by Judge Richard A. Enslen granting defts' motion to file instanter [1166−1] (cc: all counsel) (rlw) (Entered: 03/04/1994)

OPPOSITION by defendants to pltfs' joint motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1] w/brief in support of defts' legal access plan w/Exhibits 1−5, proof of service (rlw) Modified on 03/04/1994 (Entered: 03/04/1994)

AFFIDAVITS of William Bailey, Marjorie Van Ochten which were inadvertently omitted from defts' brief in support of the defts' legal access plan and in opposition to the plts' joint motion to reject the legal access plan [1169−1] (rlw) (Entered: 03/04/1994)

PROCEEDING before Judge Richard A. Enslen; hearing on legal access in both Hadix and Knop; remainder of hearing, which related solely to Hadix, concerned objections to the courts jurisdiction, pltfs request for attorneys fees incurred in opposing defts motion for a protective order and a motion for submission by defts of their Huron Valley Psychiatric Hospital Statement; the motion for the Huron Valley Psychiatric Hospital Statement was withdrawn; J. Martin, Reporter (Exhibit List attached) (rlw) Modified on 03/07/1994 (Entered: 03/07/1994)

REQUEST by the Court for Interrogatories to defts (cc: all counsel) (rlw) (Entered: 03/04/1994)

MOTION by defendants to extend time until 4/15/94 in which to answer Court Interrogatories to deft w/brief in support w/proof of service (rlw) (Entered: 04/12/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting defts' motion to extend time until 4/15/94 in which to answer Court Interrogatories to deft [1172−1] (cc: all counsel) (rlw) (Entered: 04/12/1994)

RESPONSE by defendants to Court Interrogatories w/Exhibits 1−8, stamped proof of service (rlw) (Entered: 04/18/1994)

MOTION by plaintiffs to extend time for response to defts' answers to interrogatories from the court regarding legal access from 4/22 to 5/11, 1994 w/brief in support, certificate of service (rlw) (Entered: 04/25/1994)

ORDER Rejecting pleading (1 pg) by Magistrate Judge Doyle A. Rowland − Robert Lee, Jr.'s Motion to Enforce Judgment because leave of the court to intervene is required (cc: all counsel) (rlw) (Entered: 05/02/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltfs' motion to extend time for response to defts' answers to interrogatories from the court regarding legal access from 4/22 to 5/11, 1994 [1175−1] (cc: all counsel) (rlw) (Entered: 05/04/1994)

RESPONSE by defendants to Courts Interrogatory No. 8 1171 w/17 page attachment, stamped proof of service (rlw) Modified on 07/26/1994 (Entered: 07/26/1994)

REPLY by plaintiffs regarding defts' responses to the Court's Interrogatory No. 8 dated 7/22/94 relating to access to the Courts [1179−1] w/certificate of service (rlw) (Entered: 08/24/1994)

MOTION to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin w/affidavits of Robert Lee, Jr., Ronald C.W. Hammond w/PROPOSED Motion to Enforce Judgment, Affidavits of Robert Lee, Jr., Kahlil Karnard Harvey, Arthur Hill, Jason Armour, Mark Summerlin, Keith Sanders, Roland Banks w/proof of service (rlw) (Entered: 09/13/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland directing counsel for the class (Streeter &Alexander) to file a response to Motion for Leave to File Motion to Intervene (Motion to Enforce Judgment) by 10/1/94 (cc: all counsel) (rlw) (Entered: 09/14/1994)

JOINT NOTICE by plaintiffs of taking deposition duces tecum of any and all person(s) defts will call to testify on 10/20/94 in suppor of their proposed plan to provide access to the courts and continuing on 10/12/94, 10/17/94 at 2 p.m.(rlw) Modified on 09/29/1994 (Entered: 09/29/1994)

JOINT NOTICE by plaintiffs of taking deposition duces tecum of persons who prepared or contributed to the defts' proposed training curriculum on 10/12/94 at 9 a.m. in Lansing, MI (rlw) (Entered: 09/29/1994)

PROOF OF SERVICE by plaintiffs for pldg. Nos. 1183−1184 (rlw) (Entered: 09/29/1994)

RESPONSE by plaintiffs to motion to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin [1181−1] w/certificate of service (rlw) (Entered: 10/03/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland rejecting Mark Hall's Motion for Enforcement of an Order because the filer is not a party to this action and must request leave of the court to intervene (cc: all counsel) (rlw) (Entered: 10/20/1994)

PROCEEDING before Judge Richard A. Enslen − hearing on legal access issue on remand from Sixth Circuit; witnesses called by pltf − Wilbur, Levine; witnesses called by deft Linda J. Mort; J. Martin, Reporter (Exhibit List attached) (rlw) Modified on 10/25/1994 (Entered: 10/25/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland denying motion to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin [1181−1] Mark Summerlin, Ronald C.W. Hammond, Robert Lee terminated (cc: all counsel) (rlw) (Entered: 11/03/1994)

SUBMISSION (SUPPLEMENT) by defendants on additional proof and final argument w/Exhibits 1−12 (rlw) (Entered: 11/09/1994)

MOTION by plaintiffs to exceed page limitation w/PROPOSED Response to defts' Submission of Additional Proof and Final Argument, certificate of service (rlw) (Entered: 11/23/1994)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltf's motion to exceed page limitation [1190−1] to file response to defts' submission of additional proof and final argument (cc: all counsel) (rlw) (Entered: 11/28/1994)

RESPONSE by plaintiffs to defts' submission of additional proof and final argument w/attachment A, 13−15 (rlw) (Entered: 11/28/1994)

AMENDED MOTION by plaintiffs to exceed page limitation to file response w/PROPOSED amended response to defts' submission of additional proof and final

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltfs' amended motion to exceed page limitation to file response [1193−1] (cc: all counsel) (rlw) (Entered: 12/06/1994)

OPINION (22 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 12/28/1994)

ORDER (8 pgs) by Judge Richard A. Enslen in accordance w/opinion granting pltfs' motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1]; granting Hadix pltfs' motion to reject defts' remedial plan for access to courts [270 in case 4:92−cv−110] (cc: all counsel) (rlw) (Entered: 12/28/1994)

CONSENT (RESPONSE) by plaintiffs to appointment of monitor pursuant to Order 1197 w/certificate of service (rlw) (Entered: 01/23/1995)

RESPONSE by plaintiffs to Court's order 1197 , consent to the appointment of Dr. F. Warren Benton to monitor the legal access remedial plan (rlw) (Entered: 01/24/1995)

LETTER to court from movant Robert Lee Jr. advising the Court that he did not ever receive a copy of the 11/2/94 Order which denied his motion to intervene − order remailed 3/23/95 (rlw) (Entered: 03/23/1995)

MOTION by defendants to extend time 90 days to comply with Court Order of 12/22/94 w/brief in support, Exhibit 1, stamped proof of service (rlw) (Entered: 03/23/1995)