Case: U.S. v. Montana

COMPLAINT - Original (Summons(es) issued) (DMZ) (Entered: 12/06/1994)

RETURN OF SERVICE EXECUTED upon defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept on 12/7/94 (DMZ) (Entered: 12/19/1994)

ANSWER by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to [1-1] (DMZ) (Entered: 12/30/1994)

ORDER by Judge Charles C. Lovell ; PPTC set for 10:00 2/9/95, Hlna - cnsl for parties to file PPT stmt by 1/25/95, to include brief factual outline of case & address issues set forth in Local Rules, cnsl to file prediscovery disclosure stmt by 2/1/95, failure to comply will result in imposition of sanctions (cc: Keller, Matteucci, Ohler, Payne, Weinstein, CCL, TC, Tina, USM, AUSA-Hlna) (DMZ) (Entered: 12/30/1994)

AMENDED ANSWER [3-1] by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept (DMZ) (Entered: 01/13/1995)

LODGED, OBJECTIONS TO MAG PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED ORDER (in excess of 20 pgs) (BAF)

PRELIMINARY PRETRIAL STATEMENT of facts by defendant (DMZ) (Entered: 01/26/1995)

PREDISCOVERY DISCLOSURE STATEMENT of facts by defendant (DMZ) (Entered: 01/26/1995)

PRELIMINARY PRETRIAL STATEMENT of facts by plaintiff (DMZ) (Entered: 01/26/1995)

PREDISCOVERY DISCLOSURE STATEMENT of facts by plaintiff USA (DMZ) (Entered: 02/06/1995)

MINUTES: for preliminary pretrial conference before Judge Charles C. Lovell; C/R: Tina Brilz. Sherry Matteucci, Timothy R. Payne, Laurie Weinstein & Scott Wurster pr for Plf. Keith Keller, Dave Ohler, Bill Gianoulias pr for Dft. Crt asks re settlmt discussns. Ms. Matteucci says not fruitful and asks for expedited trial. Dft Keller asks for further discov. Plf argues agnst further discov. Much discussion had by both sides re protective custody issue and whether there is need for immediate action on this. Plf feels there may be the need for this and motn for prelim inj may be filed. Discussn had re if protective custody issue is severed, when cnsl could be ready for trial. Plf ready now, dft asks 6 mos. Options for dealing with this and the related case are discussed. Crt suggests a 30-day period for preliminary discovery by dft. on the issues only of jurisdiction and affirmative defenses. This to close on 3/10/95. Motns re dft dfns on 3/11/95. Then govt motn to strike affirm dfns and dft motn for S.J. Dft to have 10 days to respond & 5 days for govt rply brf. All discov to be complete by 7/3/95. Motn ddline 7/17/95; status rpt to crt 5/8/95; atty conf to be held wk of 10/16/95. FPTO to be lodged 10/30/95. Sttlmt date is 10/23/95. Trial could be either 12/4/95 or 1/8/96, depending on length of trial. Cnsl agree 1/8 trial date is better. Since discov closure is 7/3/95 and trial not til 1/8, approx 6 mos goes by and govt asks for supplement discovery on some issues closer to trial date. Dft agrees but wants cutoff date of perhaps October. Crt asks cnsl to file briefs re expert witns and perhaps refining dates if they might agree on dates. Govt asks that general discov not begin til motns are decided on jurisdictional issue - say 30 days. Crt says dates will be adjusted and will issue an order. Adj. (BAF) (Entered: 02/09/1995)

STENO NOTES of proceedings before Judge Charles C. Lovell ( Court Reporter: Tina Brilz) Hearing date: 2/9/95 status report minutes [10-2] PRELIMINARY PRETRIAL CONF. (BAF) (Entered: 02/09/1995)

ORDER by Judge Charles C. Lovell, Cnsl shall adhere to following sched: first wave of discovery limited to subjects of crt's jurisdiction and Dfts' affirmative defenses, which shal be concluded by 3/10/95. No other disc in other subject matter areas shall be had without crt's permission until crt rules on mots. Gov't shall file its mot to strike affirmative defenses with brief on or before 3/17/95, dfts shall have 10 days to file ans brf, pltf reply w/in 5 days. Dfts shall file their mot for summary judgment as to crt's jurisdiction with opening brf on or before 3/17/95. Brfg shall follow Rule 220-1. Parties shall comly with requirements for summary judgment brfg imposed by Rule 220-4. After these preliminary mot have been ruled upon, a second wave of unlimited disc may commence unless precluded by crt's order. If prior to opining of unlimited disc, a party has a particular need for disc relating to request for preliminary injunction, that party shall apply to crt for leave to proceed with necessary disc. ; Parties shall jointly submit a proposed order setting ached for disclosure of exparts and exchange rpts on or before 2/24/95 ; All discovery shall be completed by 7/3/95. All mots shall be filed on or before 7/17/95. Brfg shall be accordance with Rule 220.1. All ans to written disc shall be made by 7/3/95. cnsl for each party shall file written status rpt on or before 5/8/95. Cnsl for pltf shall convene atttys' conf during wk of 10/16/95 for purpose of completing final Pretrial Order. Final Pretrial Order shall be lodged on or bef 10/30/95. Settlement Date is 10/23/95. Final Pretrial Conf shall be held on 11/30/95 at 1:30 pm at Helena. Trial brf be submitted by 11/16/95. Non-Jury trial set for 9:30 1/8/96 at Helena as case No. 1. Trial setting is subject to court's criminal calendar, which must be set in accordance with Speedy Trial Act. Cont of any deadline does not automatically extend any unspecified deadlines. cc: CCL, Clk, USM, Crt Rpr, Payne, Keller (GAR) (Entered: 02/13/1995)

ORDER by Judge Charles C. Lovell - 1st wave of disc limited to subjects of crt's juris & defts' affirmative defenses to be concluded by 3/10/95, no other disc in other subject matter areas w/out crt's permission, until the crt rules on the mtns discussed in next 2 paras: govt to file mtn to strike affirmative defenses, tog w/brief by 3/17/95, defts to file mtn for sj by 3/17/95 - then 2nd wave of disc may commence - cnsl for each party to file status rpt by 6/15/95, all disc completed by 8/15/95, all ans to written disc by 8/15/95, pltf expert witness list by 8/15/95, all mtns except mtns in limine by 9/1/95, deft to disclose expert witness list by 9/15/95, cnsl for pltf to convene atty conf during week of 10/30/95 ; pretrial order ddl set for 11/10/95, sett date is 11/6/95, parties to complete all suppl expert tours and disc by 11/27/95, FPTC set for 11/30/95, 1:30 pm, each party to submit trial brief by 11/17/95, exhibits no later than 11/17/95, mtns in limine w/opening brief to be filed by 12/8/95, set for trial w/out jury for 1/8/96, 9:30 am (cc: all counsel) (DMZ) (Entered: 02/15/1995)

PROOF/NOTICE OF SERVICE by defendant of 1st requests for admissions & interrogs (DMZ) (Entered: 02/27/1995)

MOTION by plaintiff USA for preliminary injunction, and for permanent injunction w/c/s (GAR) (Entered: 03/06/1995)

REMARK Bound exhibits to Motion #15 in expand. folder with exhibit "F" sealed purs to to Crt Order also in folder. (GAR)

MEMORANDUM/BRIEF by plaintiff USA in support of motion for preliminary injunction [15-1], of motion for permanent injunction [15-2] w/c/s (GAR) (Entered: 03/06/1995)

MOTION by plaintiff USA to Hold Exhibit "F" of Motion for Prel & Perm Inj Under Seal w/c/s (GAR) (Entered: 03/06/1995)

ORDER by Judge Charles C. Lovell granting motion to Hold Exhibit "F" of Motion for Prel & Perm Inj Under Seal [17-1] Exhibit F accompanying US Mot for Prel and Perm Inj and which indentifies spacific inmates who may be at risk of harm from other inmattes, shall remain under seal. cc: Payne, Keller, Ohler, Matteucci (GAR) (Entered: 03/06/1995)

PROOF/NOTICE OF SERVICE by defendant of resp to 1st req for admissions (DMZ) (Entered: 03/09/1995)

ORDER by Judge Charles C. Lovell - Plff's request for lv to conduct lmtd discovery to suppt Plf's motn for prelim inj. is GRANTED. Further Ord such discov to be limited to 1) upon rsnbl notc to dfts, a 2-3 day on-site tour of MT State Prison during the wk of 3/13/95, utilizing an expert in corrections and including access to MSP facilities and grounds, relevant MSP documts including inmate records, and interviews of MSP officials and staff; 2) private inmate interviews of MSP inmates by Plf's attys and/or expert; and 3) submission of interrogatories and requests for admissions to Dfts on matters related to issue of protective custody. cc: called and cpy to Payne, Weinstein, Reynolds, CCL; faxed cpy to Payne (BAF) (Entered: 03/09/1995)

MOTION by plaintiff USA to strike Affirmative Defenses, and for partial summary judgment w/c/s (GAR) (Entered: 03/23/1995)

MEMORANDUM/BRIEF by plaintiff in support of motion to strike Affirmative Defenses [21-1], of motion for partial summary judgment [21-2] w/c/s (GAR) (Entered: 03/23/1995)

PROPOSED order submitted by plaintiff USA, re Mot to Strike and for Partial Sum Jdgmt (GAR)

MOTION by defendants for leave to file documents w/c/s (GAR) (Entered: 03/23/1995)

RESPONSE by defendants to motion for preliminary injunction [15-1], to motion for permanent injunction [15-2] (KJH) (Entered: 04/10/1995)

MOTION by defendant for summary judgment w/c/s (GAR) (Entered: 03/23/1995)

STATEMENT of uncontroverted facts by defendants w/c/s (GAR) (Entered: 03/23/1995)

ORDER by Judge Charles C. Lovell referring to Mag Judge Leif B. Erickson the motion for preliminary injunction [15-1], and the motion for permanent injunction [15-2] Case referred to Mag Leif B. Erickson for proposed findings and recs for disp of motions . cc: CCL, LBE, Ohler, Keller, Payne (GAR) (Entered: 03/23/1995)

FILE DELIVERED to Clerk, Missoula for Judge Erickson (GAR)

RESPONSE by defendants to motion to strike Affirmative Defenses [21-1], to motion for partial summary judgment [21-2] (KJH) (Entered: 03/31/1995)

REPLY by plaintiff USA to response to motion for preliminary injunction [15-1] file delivered to: LBE (KJH) (Entered: 04/10/1995)

ORDER by Judge Charles C. Lovell granting motion for leave to file documents [26-1] (cc: all counsel) (KJH) (Entered: 04/13/1995)

REPLY by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to response to motion for summary judgment [23-1] (KJH) (Entered: 04/14/1995)

ORDER by Judge Charles C. Lovell referring to Mag Judge Leif B. Erickson the motion for summary judgment [23-1], motion to strike Affirmative Defenses [21-1], motion for partial summary judgment [21-2] for prop F&R (cc: Keller, Ohler, Weinstein, Payne) (DMZ) (Entered: 04/27/1995)

ORDER by Mag Judge Leif B. Erickson setting hearing on motion for summary judgment [23-1] 9:30 5/23/95 setting hearing on motion response [24-1] 9:30 5/24/95 in Missoula. (cc: all counsel) (BAW) (Entered: 05/01/1995)

MOTION by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to continue portion of hearing set for 5/24/95 (BAW) (Entered: 05/05/1995)

PROPOSED order modifying hearing sched. submitted by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept (BAW)

REMARK-Copy of motion and order delivered to LBE. (BAW)

RESPONSE by plaintiff USA to Defendants' Motion to Continue Portion of Hearing (KJH) (Entered: 05/11/1995)

ORDER by Mag Judge Leif B. Erickson granting motion to continue portion of hearing set for 5/24/95 [34-1] ; in-court hearing set for 9:30 5/24/95 in Missoula to be continued until 6/8/95 at the conclusion of the proceedings. (cc: all counsel) (BAW) Modified on 05/15/1995 (Entered: 05/10/1995)

FILE DELIVERED to Law Clerk for LBE for motions (BAW)

REPLY by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to response to motion to continue portion of hearing; file delivered to: LBE/Law Clerk (BAW) (Entered: 05/11/1995)

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion for summary judgment [23-1], motion to strike Affirmative Defenses [21-1], motion for partial summary judgment [21-2] - regarding standing & validity of A.G.'s statutory certification only. Objections to F/R due date: May 26, 1995. (cc: all counsel) (MGS) (Entered: 05/12/1995)

MOTION by plaintiff USA to renew March 7, 1995 Discovery Order (MGS) (Entered: 05/15/1995)

ORDER by Mag Judge Leif B. Erickson granting motion to renew March 7, 1995 Discovery Order [39-1] until onset of the hrg 5/24/95; that USA permitted to conduct further discovery in prep for 5/24/95 proceedings, consistent w/order of 3/7/95. (cc: all counsel - cpy FAX'd to atty Payne) (MGS) (Entered: 05/15/1995)

MOTION/petition by plaintiff USA for writ of habeas corpus ad testificandum to USM & MSP to produce certain named inmates for hearing 5/24/95. (MGS) (Entered: 05/15/1995)

ORDER by Mag Judge Leif B. Erickson granting motion for writ of habeas corpus ad testificandum [41-1], and setting May 24, l995 hearing for 9:00 a.m. @ Powell County Courthouse in Deer Lodge, MT. (cc: all counsel, Clk-Powell Cty, USM, RPR) (MGS) (Entered: 05/15/1995)

WRIT of habeas corpus ad testificandum issued to USM & Warden Mike Mahoney to produce inmates William Arnot, William Bigby, Fred Blake, Kelly Davey, Jerry Gillum, Keith Krause, Reno McLaughlin, Glen Nelson, Tim Owens, Vance Pope, James Staedt & Floyd Wing, Jr. at hrg in Deer Lodge May 24, l995 @ 9:00 a.m. Orig w/3 cpys & cert+3 cpys of Order snt to USM, Bllgs w/Form USM-285 for svc. (MGS)

MOTION by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to change place of hearing, and to deny petition for writ of habeas corpus testificadum (BAW) (Entered: 05/19/1995)

RESPONSE by plaintiff USA to motion to change place of hearing [43-1], to motion to deny petition for writ of habeas corpus testificadum [43-2] (BAW) (Entered: 05/19/1995)

BLUE FILES DELIVERED to LBE for motion for SJ/mo to strike for Tuesday's hearing. (BAW)

ORDER by Mag Judge Leif B. Erickson granting motion to change place of hearing [43-1], denying motion to deny petition for writ of habeas corpus testificadum [43-2] (cc: all counsel) (KJH) (Entered: 05/22/1995)

PETITION FOR WRIT OF HABEAS CORPUS ad testificandum (KJH) (Entered: 05/23/1995)

STATEMENT OF GENUINE ISSUES by plaintiff USA in response to [21-2] (KJH) (Entered: 05/23/1995)

SUBPOENA issued at request of plaintiff, as to Kenneth Kirby. Original handed to atty for pltf for svc, by clerk, Butte (KJH)

PROPOSED Order for Writ of HC submitted by plaintiff USA (KJH)

RETURN OF SERVICE (USM 285) of Writs of HC ad testificandum issued 5/15/95 (KJH) (Entered: 05/23/1995)

ORDER by Mag Judge Leif B. Erickson granting habeas corpus petition [46-1] (cc: all counsel) (KJH) (Entered: 05/23/1995)

Issued WRIT of Habeas Corpus ad testificandum for Joseph Snider, William Henderson, Patrick Gibson and Charles Gravely. Copy handed to pltf cnsl and FAX'd to USMS, Blgs w/USM 285. Original writ w/3 copies, 1 cert & 3 copies of Order and USM 285 mailed to USMS, Blgs. (KJH)

MINUTES before Mag Judge Leif B. Erickson : Attys Timothy Payne and Laurie Weinstein present for plaintiff and David Ohler and P. Keith Keller present for defendants. Atty Payne raises issue re hearing on Motion for Preliminary and Permanent Injunction set for 5/24/95 regarding testimony of protective custody inmates and moves that the hearing be closed to the media, that the transcript be sealed, and that the correctional officers present in court be ordered not to discuss testimiony given by the inmates. Atty Keller does not oppose closing hearing to media and sealing transcript, but feels that correctional officers should be allowed by relate testimony to prison authorities . Crt considers said motions to be motions in limine and grants same, closing the hearing to the media, sealing the transcript, and prohibiting correctional officers from discussing testimony of inmates. Counsel may relate said testimony to prison authorities if necessary; Argument heard on defendants' motion for summary judgment [23-1] and plaintiff's motion to strike [21-1] and for partial summary judgment [21-2] and the motions were taken under advisement. C/R: Julie Lake (KJH) (Entered: 05/23/1995)

MINUTES: Evidentiary hearing on plaintiff's Motion for Preliminary and Permanent Injunction began 5/24/95 at Powell County Courthouse, before Mag Judge Leif B. Erickson, Cnsl Timothy Payne, Christopher Cheng and Laurie Weinstein present for plaintiff and cnsl David Ohler and P. Keith Kelle, and Bureau Warden Michael Mahoney present for defendants. Govt oral motion for admission of atty Cheng PHV, granted. Govt motion to exclude witnesses and public from courtroom granted, and govt motion that transcript of this proceeding be filed under seal and that inmate witnesses be identified in transcript by numbers rathern than by name granted. E. Eugene Miller s/e for govt. Gove exhibit 1 adm w/o objections and exhibits 2 and 3 refused. Dft mtn/strike portion of testimony of Mr. Miller denied. Exhibits 4-6 adm w/o obj. Inmates No.1, 2 and 3 s/e for govt. Exhibits 7 thru 14 adm w/o obj. Govt mtn that court order that inmate No. 3 continue to be held in protective custody pending resolution of this matter and not be transferred to low side denied. Govt mtn that said witness be allowed access to phone contact with US Atty office granted. Further hearing continued to 5/25/95 at 12:00 noon, Powell County Courthouse. C/R: Greg Frank (KJH) (Entered: 06/08/1995)

MINUTES: Evidentiary Hearing on plaintiff's Motion for Preliminary and Permanent Injunction continued, before Mag Judge Leif B. Erickson, cnsl Payne, Cheng and Weinstein present for plaintiff and cnsl Ohler and Keller and Bureau Warden Michael Mahoney present for defendant. Prior to continuation of testimony, crt expressed concern regarding possible pattern of conduct by prison officials which may have intimidating affect on inmates, i.e., transportation officer allegedly dropping penknife on floor during preparation for transport to court on 5/24, and inmate witness being informed prior to coming to court of his being reclassified from protective custody to the low side. Atty Keller advises that he personally investigated these matters and informs the court that the article dropped by the transportation officer was fingernail clippers rather than a penknife and that the inmate reclassification issue was routine 30 day reclassification evaluation. Prison officials agree to leave said inmate in protective custody at least until the next 30 day evaluation. Govt oral motion for time to prepare and file supplemental documents regarding SJ mtns argued on 5/23 opposed. Crt orders written motion and brf be filed and matter will be dealt with when briefing is completed. Proposed Protective Order presented regarding restrictions on use of transcript and dissemination of information about inmate witnesses and content of testimony, etc. discussed. Atty Keller to redraft. Inmate witnesses No. 4 thru 10 s/e for govt. Exhibits 15 & 18 adm over obj and 16 and 17 adm w/o obj. Further Hearing continued to 5/26/95 at 9:30 a.m., Powell County Courthouse. C/R: Greg Frank (KJH) (Entered: 06/08/1995)

MINUTES: before Mag Judge Leif B. Erickson. Evidentiary Hearing on plaintiff's Motion for Preliminary and Permanent Injunction continued, cnsl Payne, Cheng, and Weinstein present for plaintiff and cnsl Ohler and Keller and Bureau Warden Mike Mahoney present for defendant. Atty Payne requesta that govt be provided with list of cases in which State's expert has testified in last 4 yrs, list of publications authored by said expert and list of docs reviewed and persons interviewed in preparing his rpt and the dates expert toured the prison. Atty Keller advises state can provide list of cases, publications and dates of tour and will attempt to supply list of documents reviewed and persons interviewed. Govt exhibits 19-1 thru 19-3 adm over obj; 19-4 thru 19-6 and 20 thru 22 and 23-1 thru 23-5 adm w/o obj; exhibit 24 reserved; Govt rests. Michael J. Micu, Kenneth Neubauer, Walter Cuchine, Leslie Lyle Frank, Jr. and Michael Mahoney s/e for dft. Further hearing continued to 6/8/95 @ 9:00 a.m., Missoula. C/R: Tammy Stuckey (KJH) (Entered: 06/13/1995)

PROTECTIVE ORDER by Mag Judge Leif B. Erickson: that court proceedings of 5/24,25 and 26 be closed to public and media; that transcripts of said hearing be sealed and available only to counsel for the parties, the parties, their managers and experts, and that the transcripts not contain the names of inmate witnesses, only a number corresponding to a number assigned to that witness reflecting his order of appearance; and that all MSP officers present at proceedings are enjoined from discussing the appearance of inmate witnesses and the content and nature of their testimony with anyone. (cc: all counsel) (KJH) (Entered: 06/13/1995)

OBJECTIONS by defendant MT ST, defendant Marc Racicot, defendant MT ST Dept Corr, defendant Rick Day, defendant Mike Mahoney, defendant Admin, Dept to [38-1] (KJH) (Entered: 06/13/1995)

RETURN OF SERVICE by plaintiff USA of Writ of Habeas Corpus issued 5/23/95 (KJH) (Entered: 06/13/1995)

MOTION by plaintiff USA to limit testimony of dfts' expert (KJH) Modified on 06/15/1995 (Entered: 06/14/1995)

MEMORANDUM/BRIEF by plaintiff USA in support of motion to limit testimony of dfts' expert [57-1] (KJH) (Entered: 06/14/1995)

PROPOSED Order granting Motion to Limit Testimony of dfts' expert, submitted by plaintiff USA (KJH)

MINUTES: Hearing on pltf's Motion for Preliminary and Permanent Injunction continued, before Mag Judge Leif B. Erickson; cnsl Tim Payne present for pltf and David Ohler and Keith Keller present for dfts. Bureau Warden Mike Mahoney also present. Pltf's motion to limit testimony of dfts' expert argued and denied [57-1]. Gary W. DeLand s/e for dft and dft rests. Cnsl to submit proposed findings of fact and conclusions of law by 6/22/95. Matter will then be deemed submitted. C/R: Daina Hodges Hodges (KJH) (Entered: 06/14/1995)

FILE DELIVERED to Helena from Missoula at request of MB (KJH)

STATUS REPORT by defendant - no probs in discovery process & no sett negs to date (DMZ) (Entered: 06/15/1995)

STATUS REPORT by plaintiff - the only disc prob involves defts' potential obj based on privacy rights or other bases to the US access to inmate & personnel records, presently US believes this may be resolved partially w/defts, US will attempt to resolve all disc disputes w/defts as they arise, no sett negs (DMZ) (Entered: 06/15/1995)

MOTION by plaintiff for order to lift stay on discovery (DMZ) (Entered: 06/15/1995)

MEMORANDUM/BRIEF by plaintiff in support of motion for order to lift stay on discovery [62-1] (DMZ) (Entered: 06/15/1995)

MOTION by plaintiff for order denying defts' mtn for sj (DMZ) (Entered: 06/20/1995)

MEMORANDUM/BRIEF by plaintiff in support of motion for order denying defts' mtn for sj [65-1] (DMZ) (Entered: 06/20/1995)

PROPOSED order submitted by plaintiff (DMZ)

TRANSCRIPT filed of Proceedings May 23-26 and June 8, 1994; Court Reporter-Tammy Stuckey. (BAW) (Entered: 06/20/1995)

REMARK LBE keeping doc 64(trans of May 23-26 and June 8, 1994, hearing held in Msla and Deer Lodge (GAR)

MOTION by plaintiff to extend time to file Findings of Fact and Conclusions of Law w/c/s (GAR) (Entered: 07/06/1995)

MEMORANDUM/BRIEF by plaintiff in support of motion to extend time to file Findings of Fact and Conclusions of Law [67-1] w/c/s (GAR) (Entered: 07/06/1995)

ORDER by Mag Judge Leif B. Erickson granting motion to extend time to file Findings of Fact and Conclusions of Law [67-1] ; Deadline for submission of proposed findings is 7/5/95 (cc: all counsel) gar for mgs (GAR) (Entered: 07/06/1995)

RESPONSE by defendant to motion for order denying defts' mtn for sj [65-1], to motion for order to lift stay on discovery [62-1] w/c/s (GAR) (Entered: 07/06/1995)

RESPONSE by defendant to motion for order to lift stay on discovery [62-1] w/c/s (GAR) (Entered: 07/06/1995)

ORDER by Judge Charles C. Lovell, Subsection of Dfts' Motion for Summary Judgment regarding standing and validity of AG's statutory certification if denied. Subsection of Pltf's Motion to Strike regarding Dfts' Fourth and Affirmative Defense and for Partial Summary Judgment regarding standing and validity of AG's statutory certification is granted. cc: CCL, LBE, Keller, Ohler, Payne (GAR) (Entered: 07/06/1995)

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by defendant w/c/s (GAR) (Entered: 07/06/1995)

FILE DELIVERED to Clerk, Missoula for Judge Erickson consisting of 3 vols (GAR)

PROPOSED FINDINGS of fact and conclusions of law by plaintiff USA in support of motion for preliminary and permanent injunction. (BAW) (Entered: 07/11/1995)

FILE DELIVERED to LBE (BAW)

ORDER by Judge Charles C. Lovell granting motion for order to lift stay on discovery [62-1] ; parties shall submit joint proposed amended sched order for crts appvl on or bef 9/22/95 and referring to Mag Judge Leif B. Erickson the motion for order denying defts' mtn for sj [65-1] (cc: CCL, LBE, Payne, Keller, Ohler (GAR) (Entered: 09/05/1995)

FILE DELIVERED to Clerk, Missoula for Judge Erickson consisting of 3 volumes (GAR)

PROPOSED SCHED ORDER submitted by Dfts purs to Court's Order w/c/s (GAR) (Entered: 09/29/1995)

ORDER by Judge Charles C. Lovell, All disc be completed by 3/31/96; ; all motions except mots in limine be filed on or before 4/15/96 ; all ans to written disc be made by 3/31/96; written status reports be filed on or before 1/15/96; Pltfs shall provide expert witness disclosures on 1/15/96; Dfts shall provide expert witness disclosures on 2/15/96; Pltfs will provide any rebutal expert disclosures by 3/15/96. Notwithstanding the discovery completion deadline, expert tours may be conducted after disc deadline and within a reasonable amt of time before trial so that experts can testify to then current conditions at time of trial. All parties will supplement expert discl following any expert tours between time of disclosure and trial. It is anticipated that prties will conduct expert tours in March and supplement tours in May or June and disclosures will be cmpleted by 6/30/96. Parties will exchange exhibits by 6/30/96. Final pretrial conf will be held 7/16/96 and mots in limine filed that date. The trial will be set by Court after 7/22/96. Trial brfs be submitted by 6/30/96; exhibits be submitted no later than 6/30/96. cc: Ohler, Keller, Payne (GAR) (Entered: 09/29/1995)

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson recommending that the remaining portions of defendants' motion for summary judgment [23-1] be denied, except for that part of said motion which addresses inmates in need of protection (said issue is reserved and will be the subject of separte findings and recommendation); recommending that the remaining portions of plaintiff's motion to strike Affirmative Defenses [21-1] and motion for partial summary judgment [21-2] be granted. Objections to F/R due date: 10/19/95 (cc: all counsel) (KJH) (Entered: 09/30/1995)

ORDER by Judge Charles C. Lovell pltf's atty to convene atty conf during week of 7/15/96 ; FPTO ddl set for 7/30/96, final pretrial conference set for 10:30 8/16/96, Hlna; trial set for 9:30 9/16/96, Hlna; settlement ddl set for 7/22/96 pties to attend status conf set for 1/12/96, 10:30 am, Hlna, 2nd status conf set for 4/12/96, 10:30 am, Hlna, prop voir dire & jury inst due 8/5/96, (cc: Ohler, Payne, Keller, AUSA-Hlna,Blgs, Tina, USM, PRO, CCL) (DMZ) (Entered: 10/02/1995)

OBJECTIONS by defendant to Findings and Recommendation (DMZ) (Entered: 11/14/1995)

MOTION by plaintiff for temporary restraining order to restrain defts from transferring MSP inmate Henderson (DMZ) (Entered: 11/14/1995)