In Re: Southern Ohio Correctional Facility

In re: Southern Ohio Correctional Facility

In Re: Southern Ohio Correctional Facility

In Re: Southern Ohio Correctional Facility

In Re: Southern Ohio Correctional Facility

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

In Re: Southern Ohio Correctional Facility

U. S. Court of Appeals for the Sixth Circuit

In Re: Southern Ohio Correctional Facility

MOTION by plaintiff to proceed in forma pauperis ( no pgs: 1) (mb) Modified on 11/28/1994 (Entered: 11/28/1994)

ORDER by Mag. Judge Jack Sherman granting motion to proceed in forma pauperis [1−1] and STAYING service of complaint. Pltf. is ordered to amend his complaint within 20 days (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

COMPLAINT (Summonses NOT issued) (Referred to MJ Sherman) ( no. pgs: 3) (mb) (Entered: 11/28/1994)

NOTICE to pro se litigants on court procedures ( no pgs: 2) (mb) (Entered: 11/28/1994)

RETURN OF SERVICE executed upon defendant Arthur Tate Jr; and, Paul Thompson on 7/19/93 ( no pgs: 2) (wy) (Entered: 08/03/1993)

ORDER TO SHOW CAUSE by Mag. Judge Jack Sherman: pltf to SHOW CAUSE within 10 days why the Court should not dismiss this action for lack of prosecution. (cc: Ptnr via cert. mail/ counsel) ( no pgs: 1) (wy) (Entered: 08/12/1993)

ANSWER by defendant Arthur Tate Jr and Thompson ( no pgs: 3) (wy) (Entered: 09/01/1993)

MOTION by plaintiff to amend complaint to add party ( no pgs: 4) (wy) (Entered: 09/02/1993)

RESPONSE by plaintiff Darrin E Morris to [6−1] ( no pgs: 10) (wy) (Entered: 09/02/1993)

CALENDAR ORDER by Mag. Judge Jack Sherman ; Discovery ddl set for: 2/7/94 ; Mtn filing ddl set for: 4/7/94 (cc: all counsel) ( no pgs: 1) (wy) (Entered: 09/17/1993)

ATTORNEY SUBSTITUTION: terminating attorney Suzanne Ellen Mohr for Arthur Tate Jr and substituting attorney Robert Warren Myers ( no pgs: 2) (wy) (Entered: 09/23/1993)

MOTION by defendant for leave to depose plaintiff ( no pgs: 2) (wy) (Entered: 09/23/1993)

MOTION by plaintiff Darrin E Morris to extend time to prepare Narrative Stmt ( no pgs: 2) (dm) (Entered: 09/28/1993)

MOTION by plaintiff Darrin E Morris for appointment of counsel ( no pgs: 2) (dm) (Entered: 09/28/1993)

ORDER by Mag. Judge Jack Sherman granting motion for leave to depose plaintiff [13−1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 10/06/1993)

ORDER by Mag. Judge Jack Sherman granting motion to extend time for 90 days to file a Narrative Stmt [14−1] (cc: all counsel) ( no pgs: 1) (wy) (Entered: 10/18/1993)

ORDER by Mag. Judge Jack Sherman denying motion for appointment of counsel [15−1] (cc: Ptnr via cert. mail/ counsel) ( no pgs: 2) (wy) (Entered: 10/18/1993)

MOTION by plaintiff to extend time for deposition ( no pgs: 2) (wy) (Entered: 10/29/1993)

NOTATION ORDER by Mag. Judge Jack Sherman granting motion to extend time [19−1] (cc: all counsel) (wy) (Entered: 12/07/1993)

Deposition of Darrin Morris (wy) (Entered: 12/14/1993)

ORDER by Mag. Judge Robert A. Steinberg granting motion for appointment of counsel [15−1] and appointing the following law firms &individual attys. to act as counsel for pltf.: Dinsmore &Shohl; Al Gerhardstein; Sirkin, Pinales, Mezibov &Schwartz; and Waite, Schneider, Bayless &Chesley. They have agreed to explore the possibility of class action litigation in this case, which arises from the SOCF prison riot. (cc: all counsel) (no 2) (wy) Modified on 01/03/1994 (Entered: 12/17/1993)

ORDER by Mag. Judge Robert A. Steinberg ddl for amending complaint: 2/17/94; ddl for filing motion for class certification: 4/18/94 ; Trial set for 9:30 3/7/95 ; Discovery ddl set for 10/17/94 ; pretrial conf set for 2:30 2/3/95 ; Mtn filing ddl set for 12/1/94 (cc: all counsel) ( no pgs: 2) (wy) (Entered: 01/05/1994)

AGREED ORDER by Mag. Judge Robert A. Steinberg extending time to answer until 2/28/94 (cc: all counsel) ( no pgs: 1) (wy) (Entered: 02/18/1994)

MOTION by plaintiff to amend complaint ( no pgs: 2) (wy) (Entered: 02/28/1994)

AMENDED COMPLAINT; (PRELIMINARY INJUNCTION requested); jury demand; and, adding pltf, Eugene K Adams; and, defts: George Voinovich, Reginald Wilkinson; and, Terry Collins ( no pgs: 13) (wy) (Entered: 03/01/1994)

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to amend complaint [23−1] (cc: all counsel) (wy) (Entered: 03/01/1994)

ORDER by Mag. Judge Robert A. Steinberg consolidating cases. Case consolidated 1:93−cv−436 with member cases 1:93−cv−399, 1:93−cv−436, 1:93−cv−455, 1:93−cv−461, 1:93−cv−498, 1:93−cv−499, 1:93−cv−529 (consolidated on 3/31/94), 1:93−cv−531, 1:93−cv−533, 1:93−cv−545, 1:93−cv−556, 1:93−cv−576, 1:93−cv−625, 1:93−cv−628, 1:93−cv−630, 1:93−cv−631, 1:93−cv−632, 1:93−cv−633, 1:93−cv−647, 1:93−cv−661, 1:93−cv−689, 1:93−cv−692 (consolidated on 4/1/94), 1:93−cv−695, 1:93−cv−719, 1:93−cv−726, 1:93−cv−752, 1:93−cv−762, 1:93−cv−764 (consolidated on 7/3/94), 1:93−cv−769, 1:93−cv−823, 1:93−cv−840, 1:93−cv−881, 1:94−cv−49, 1:94−cv−52, 1:94−cv−54, 1:94−cv−388 (consolidated on 7/14/94), 1:94−cv−592 (consolidated on 9/29/94) (cc: all counsel) (no pgs: 2) (wy) Modified on

ORDER by Mag. Judge Jack Sherman: Including case no. C−1−93−529 for consolidation under this case no. (cc: all counsel) (mb) (Entered: 04/04/1994)

ORDER by Mag. Judge Jack Sherman: Including case no. C−1−93−692 for consolidation under this case no. (cc: all counsel) (mb) (Entered: 04/04/1994)

ANSWER by Arthur Tate Jr, George V Voinovich, Reginald A Wilkinson, Terry Collins,; jury demand ( no pgs: 6) (wy) (Entered: 04/18/1994)

MOTION by plaintiff Darrin E Morris, plaintiff Eugene K Adams to certify class action; that pltfs be appt'd class representatives , and for appointment of counsel for the class ( no pgs: 18) (wy) (Entered: 04/19/1994)

ANSWER by Arthur Tate Jr, George V Voinovich, Reginald A Wilkinson, Terry Collins,; jury demand ( no pgs: 6) (wy) (Entered: 04/19/1994)

MOTION by defendant to extend until 6/13/94 to respond to motion for class certification , and to continue hearing on that motion to 5/27/94 ( no pgs: 3) (wy) (Entered: 05/24/1994)

AGREED ORDER by Mag. Judge Robert A. Steinberg: The class certification hearing set for 5/27/94 is RESCHEDULED to 6/13/94. Defts. shall file any response to the class cert. motion by 6/8/94. (cc: all counsel) (no pgs: 1) (mb) (Entered: 05/26/1994)

ORDER by Mag. Judge Jack Sherman consolidating case C−1−93−764 with all other riot cases (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

ATTORNEY APPEARANCE of Gerald Messerman, Robert Duvin &Robert Wolff for defendants ( no pgs: 2) (mb) (Entered: 11/28/1994)

MOTION by defendants to continue hearing on motion for class certification ( no pgs: 3) (mb) (Entered: 11/28/1994)

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to continue hearing on motion for class certification [36−1] (cc: all counsel) (mb) (Entered: 11/28/1994)

ORDER GRANTING PROVISIONAL CLASS CERTIFICATION by Mag. Judge Robert A. Steinberg. It is further ordered that Pltfs. Darrin Morris &Eugene Adams be appointed as class reps. and that counsel for the named pltfs. be appt'd class counsel. Schedule set for responding to the class cert. motion (cc: all counsel) ( no pgs: 5) (mb) (Entered: 11/28/1994)

RESPONSE by defendants to motion for class certification [30−1] ( no pgs: 6) (mb) (Entered: 11/28/1994)

MOTION by defendants for admission of attorney Gerald A. Messerman, pro hac vice ( no pgs: 7) (mb) (Entered: 11/28/1994)

REPORT to the Court on completion of notice to the class by plaintiffs ( no pgs: 68) (mb) (Entered: 11/28/1994)

NOTICE of hearing on motion for class cert. set for 8/30/94 at 10:00 a.m., before MJ Steinberg ( no pgs: 1) (mb) (Entered: 11/28/1994)

ORDER by Mag. Judge Jack Sherman consolidating case C−1−94−388 with the other riot cases (cc: all counsel) ( no pgs: 1) (mb) (Entered: 11/28/1994)

REPLY IN SUPPORT of the motion for class cert. by plaintiffs ( no pgs: 5) (mb) (Entered: 11/28/1994)

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion for leave to depose pltf. class members and potential witnesses [44−1] (cc: all counsel) (mb) (Entered: 11/28/1994)

RESPONSES from various inmates (and former inmates) to the order granting provisional class cert., doc. 37). (Approx. 190 responses contained in a separate folder a placed in the vault) (mb) (Entered: 11/28/1994)

REPORT (Second) to the Court on completion of notice to the class by plaintiffs ( no pgs: 62) (mb) (Entered: 11/28/1994)

MEMORANDUM by plaintiffs addressing comments by class members filed in response to the notification of class action (Doc. 45) ( no pgs: 8) (mb) (Entered: 11/28/1994)

CIVIL MINUTES: Hearing held on motion for class certification (doc. 30) before Mag. Judge Robert A. Steinberg. Oral arguments held. Robert Newman, Esq. argued on behalf of his clients re: severing unrelated issues (93−633 &94−388). Matter taken under submission. Robert Newman, Esq. to file a post−hearing brief within 10 days. Pltfs. &defts. are given 5 days to respond. Angie Portune (Merit), Ct. Reporter. (no pgs: 1) (mb) (Entered: 11/28/1994)

CONSENT by the parties to MJ Steinberg issuing a final order regarding the class certification motion (no pgs: 1) (mb) (Entered: 11/29/1994)

MOTION of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) (no pgs: 2) (mb) (Entered: 11/29/1994)

MEMORANDUM in support of motion of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1] ( no pgs: 11) (mb) (Entered: 11/29/1994)

MEMORANDUM by plaintiffs in opposition to pltfs' Johnson &Newell's motion to maintain separate actions, etc. [51−1] (no pgs: 8) (mb) (Entered: 11/29/1994)

MEMORANDUM by defendants in opposition to pltfs' Johnson &Newell's motion to maintain separate actions, etc. [51−1] (no pgs: 2) (mb) (Entered: 11/29/1994)

ORDER by Mag. Judge Jack Sherman consolidating case C−1−94−592 with other riot cases (cc: all counsel) (no pgs: 1) (mb) (Entered: 11/29/1994)

AGREED ORDER by Mag. Judge Robert A. Steinberg Pltfs. Johnson &Newell's reply to the motion to maintain separate actions, etc. is due by 10/14/94 (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

Supplemental memorandum by plaintiffs in response to comments by class members [45−1] ( no pgs: 10) (mb) (Entered: 11/29/1994)

REPLY IN SUPPORT of motion to maintain separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1], filed by Atty. Robert Newman (no pgs: 4) (mb) (Entered: 11/29/1994)

JOINT MOTION to modify case schedule (no pgs: 3) (mb) (Entered: 11/29/1994)

ORDER by Judge S. A. Spiegel granting motion to modify case schedule [58−1]. All dates previously set are vacated and the case will proceed as follows: Any motions will be filed by 9/1/95. DDL is 6/1/95. The deadline for filing the amended complaint is 7/1/95. FPTC is set for 11/1/95 at 9:00 a.m. Trial is tentatively set for 11/13/95 (on an on−deck basis). (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

MOTION for a hearing on pltfs. Johnson &Newell's motion to maintain separate causes of actions, filed by Robert Newman (no pgs: 5) (mb) (Entered: 11/29/1994)

NOTICE of filing declarations of Daniel Johnson (#228−593) and Emanuel B. Newell (#206−453), filed by Atty. Robert Newman (no pgs: 6) (mb) (Entered: 11/29/1994)

ORDER by Mag. Judge Robert A. Steinberg denying motion for a hearing on pltfs. Johnson &Newell's motion to maintain separate causes of actions, filed by Robert Newman [60−1] (cc: all counsel) (no pgs: 2) (mb) (Entered: 11/29/1994)

AGREED PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg re: confidential documents produced (Post Orders designated as SEC. 000370−001192; Warden's Kite Log Sheet designated as 110746−110815; and Security Manual designated as SEC. 000001−000369), produced to pltfs' counsel this date. (cc: all counsel) (no pgs: 1) (mb) (Entered: 11/30/1994)

ORDER by Mag. Judge Robert A. Steinberg denying motion of maintaining separate cause of actions or, in the alternative, that pltfs. Johnson &Newell be allowed to have separate trials, by Pltfs. Johnson (C−1−93−633) and Newell (C−1−94−388) [50−1], AND granting motion to certify class action; that pltfs be appt'd class representatives [30−1] (cc: all counsel) (no pgs: 12) (mb) (Entered: 12/05/1994)

MOTION by plaintiffs Johnson and Newell in 1:93−cv−00436 to amend Order Granting Class Certification of 12/2/94 ( no pgs: 5) (wy) (Entered: 12/13/1994)

MEMORANDUM by plaintiffs in opposition to pltfs' Johnson &Newell's motion to amend class cert. order [66−1] (no pgs: 6) (mb) (Entered: 01/05/1995)

ORDER by Mag. Judge Robert A. Steinberg denying motion to amend Order Granting Class Certification of 12/2/94 [66−1]. (cc: all counsel) (no pgs: 5) (mb) (Entered: 01/23/1995)

MOTION by plaintiffs for preliminary injunction (no pgs: 17) (mb) (Entered: 01/24/1995)

NOTICE of hearing setting motion for preliminary injunction [69−1] at 9:30 2/16/95, before MJ Steinberg (cc: all counsel) (mb) (Entered: 01/26/1995)

Supplemental MOTION by plaintiffs for preliminary injunction to enjoin R.I.B. proceedings (no pgs: 9) (mb) (Entered: 02/02/1995)

MOTION for writ of habeas corpus ad testificandum by plaintiffs (no pgs: 6) (mb) (Entered: 02/10/1995)

ORDER by Mag. Judge Jack Sherman Case consolidated 1:93−cv−436 with member cases 1:93−cv−691 (cc: all counsel) ( no pgs: 1) (ph) (Entered: 02/13/1995)

ORDER by Mag. Judge Robert A. Steinberg denying motion for writ of habeas corpus ad testificandum [72−1] (cc: all counsel) ( no pgs: 1) (mb) (Entered: 02/10/1995)

ORDER by Mag. Judge Robert A. Steinberg withdrawing motion for preliminary injunction [69−1]. The defts. shall report to class counsel every month beginning 2/28/95 as to the status of claims, etc. (cc: all counsel) (no pgs: 6) (mb) (Entered: 02/16/1995)

ORDER by Mag. Judge Robert A. Steinberg upon agreement of the parties, the answers of pltfs. to interrogs. and any schedules that list the specific sphysical and mental injuries suffered, etc. shall be held strictly confidential (cc: all counsel) (no pgs: 1) (mb) (Entered: 03/28/1995)

MOTION by defendants to withdraw attorneys Robert P Duvin and Robert M Wolff ( no pgs: 2) (vp) (Entered: 04/27/1995)

AGREED ORDER by Mag. Judge Robert A. Steinberg ; extending the discovery ddl to 8/1/95. No other deadlines will be affected by this order (cc: all counsel) (no pgs: 1) (mb) (Entered: 05/23/1995)

ORDER by Mag. Judge Robert A. Steinberg Case consolidated 1:93−cv−436 with member cases 1:95−mc−40 (cc: all counsel) ( no pgs: 1) (ph) Modified on 06/12/1995 (Entered: 05/25/1995)

PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg (also signed by the parties) regarding the confidentiality of certain training files (cc: all counsel) (no pgs: 1) (mb) (Entered: 06/16/1995)

STIPULATION extending deadline for amending the complaint to 8/4/95. Status conference is set for 7/10/95 at 9:15 a.m. ( no pgs: 1) (mb) (Entered: 06/30/1995)

NOTICE of hearing on limited intervention of Special Prosecutor, Mark Piepmeier, Esq. is set for 8/3/95 at 2:30 p.m. before MJ Steinberg (no motion filed) (cc: all counsel) (mb) (Entered: 07/14/1995)

PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg : designating certain training and personnel files confidential (cc: all counsel) ( no pgs: 3) (mb) (Entered: 07/20/1995)

PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg: Regarding confidential material outlined in paragraph two of the subpoena attached which the Ohio Highway Patrol is to produce (cc: all counsel) ( no pgs: 3) (mb) (Entered: 07/25/1995)

CIVIL MINUTES: Proceeding before Mag. Judge Robert A. Steinberg. Case called for hearing on intervention of Mr. Piepmeier, Special Prosecutor. Pltfs object; dfts do not. Court finds that intervention is not necessary. Joint proposed discovery schedule due w/i 2 wks. Trial date will be vacated. Pltfs will submit a proposed Trial Plan. Court reporter: Angie Portune. ( no pgs: 1) (ls) (Entered: 08/03/1995)

ORDER by Mag. Judge Robert A. Steinberg The current discovery deadline, FPTC and trial dates are CANCELED. The parties are to submit a joint discovery plan no later than 8/17/95 indicating new dates (cc: all counsel) ( no pgs: 1) (mb) (Entered: 08/07/1995)

MOTION by plaintiffs for protective order ( no pgs: 6) (mb) (Entered: 08/10/1995)

AMENDED PROTECTIVE ORDER (re: Ohio State Highway Patrol) by Mag. Judge Robert A. Steinberg : granting motion for protective order [87−1] (cc: all counsel) ( no pgs: 3) (mb) (Entered: 08/11/1995)

TRANSCRIPT of Proceedings held 8/3/95 before MJ Steinberg filed by Angie Portune Court Reporter (Merit) (vp) (Entered: 08/14/1995)

JOINT PLAN for discovery, FPTC and suggested trial dates ( no pgs: 3) (mb) (Entered: 08/18/1995)

ADDITIONAL PROPOSED trial plan and discovery plan filed by class counsel ( no pgs: 12) (mb) (Entered: 08/23/1995)

AGREED PROTECTIVE ORDER signed by Mag. Judge Robert A. Steinberg re: confidentiality of training files and personnel files. (cc: all counsel) ( no pgs: 1) (mb) (Entered: 08/28/1995)

ORDER by Mag. Judge Robert A. Steinberg this matter will proceed as follows: response to interr by parties due by 11/1/95; doc production by parties 11/1/95; pltfs lay wit depos 11/17/95; defts lay wit depos 11/17/95; ID and prod of rep by pltfs experts 11/30/95; ID and prod of rep by defts experts 12/30/95; depos of pltfs experts 1/15/96; depos of defts experts 2/15/96; final amd cmp 10/6/95 ; substantive Mtns ddl set for 3/1/96; mot in lim set for 4/19/96; joint juror question 4/19/96; proposed sec plan 4/19/96; joint FPTO 4/23/96 at 2:30 Final pretrial conf scheduled for 2:30 4/26/96 ; Trial scheduled for 9:30 6/10/96 (cc: all counsel) ( no pgs: 2) (vp) (Entered: 09/13/1995)

PROTECTIVE ORDER by Mag. Judge Robert A. Steinberg : listing riot timeline, emergency situation, document inventory, etc. as confidential (cc: all counsel) ( no pgs: 1) (mb) (Entered: 09/14/1995)

MEMORANDUM by defendants in opposition to pltf's motion for intervention and consolidation of claims for personal damages ( no pgs: 29) (mb) (Entered: 09/21/1995)

JOINT MOTION to extend the filing of the final amended complaint to 10/20/95 ( no pgs: 4) (mb) (Entered: 10/04/1995)

NOTATION ORDER by Mag. Judge Robert A. Steinberg granting motion to extend the filing of the final amended complaint to 10/20/95 [96−1] (cc: all counsel) (mb) (Entered: 10/04/1995)

MOTION by plaintiffs to amend complaint ( no pgs: 3+) (vp) Modified on 10/23/1995 (Entered: 10/23/1995)

ORDER by Mag. Judge Robert A. Steinberg Case referred to Mag. Judge Jack Sherman (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/31/1995)