Case: Fussell v. Wilkinson

1:03-cv-00704 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 14, 2003

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 14, 2003, the Ohio Justice & Policy Center filed a class action lawsuit against the Ohio Department of Rehabilitation and Correction (ODRC) in the U.S. District Court for the Southern District of Ohio on behalf of three prisoners who claimed that their health care was unconstitutionally inadequate. In particular, they cited staffing shortages, long delays in the provision of routine and emergency care, problems ordering and obtaining results of diagnostic tests, and inadequate contro…

On April 2, 2004, the parties jointly approved of a Medical Investigation Team (MIT), composed of leading correctional health care experts, to conduct an audit of Ohio's prison healthcare system. The MIT released its report in February 2005, and the parties accepted the Report's findings in March 2005. Parties subsequently began negotiations and in October 2005 agreed upon a five-year settlement. The settlement, preliminarily approved by the court (Judge Sandra Beckwith) on October 6, 2005, and finally approved on November 22, 2005, after a hearing on November 16, 2005, created major reforms in a variety of areas of Ohio's prison healthcare, including: medical staffing, implementation, training, access to care, reception and screening, health assessments, transfer screening, chronic care, consultations, medication, consent, emergency services, sick call, infectious diseases, infection control, infirmary, medical equipment, medical records, mortality reviews, credentialing, physician leadership, special populations, dental, grievance, emergency response plan, privacy, diet, discharge planning, compliance and a variety of other administrative policies to secure enforcement. The parties also agreed that a five-year period was required in order to achieve the core goals set forth in the stipulation, while also recognizing that the Prison Litigation Reform Act states that prospective injunctive relief is terminable after two years. Fussell v. Wilkinson, 1:03-CV-704, 2005 WL 3132321 (S.D. Ohio Nov. 22, 2005). Later, on February 26, 2007, the parties filed a stipulation regarding provision of dental services with the court.

During the period of the stipulation, the Medical Oversight Committee (MOC) provided the court with regular reports that detailed both the progress being made and continuing problems encountered at the various state institutions. The monitor and counsel also willingly assisted the court from time to time in investigating and responding to individual complaints about medical care.

On August 21, 2008, a plaintiff (Daniel Wilson) filed a motion seeking enforcement of the agreed upon stipulation or, in the alternative, holding the defendants in contempt of court for failing to provide the plaintiff with unimpeded, timely, and professional acceptable and efficient medical care for his serious medical needs and pain management. However, on January 15, 2009, Judge Beckwith found the plaintiff's motion seeking hip surgery as moot since the surgery occurred in November 2008.

On March 12, 2009, dissatisfied with the court's rulings and the class counsel's handling of the case, an interested party (William E. Martin) filed motions to intervene as a party in this case, for appointment of counsel, to grant a hearing on his motion and to order several other inmates to be brought to court to testify, to hold in contempt numerous state officials for violations of the Consent Decree, to order the release of 25,500 inmates from Ohio prisons, and to award him sanctions for every day he was denied proper medical treatment. On June 1, 2009, Judge Beckwith denied all the interested party's motions, who then filed a motion for recusal. On July 21, 2009, Judge Beckwith denied the interested party's motion for recusal.

On June 10, 2009, the interested party then filed a motion for relief from judgment. The case was referred to Magistrate Judge Timothy S. Black, who recommended that the interested party's motion for relief from judgment be denied. On September 21, 2009, Judge Beckwith adopted Magistrate Judge Black's recommendation, denying the interested party's motion for relief from judgment. Fussell v. Wilkinson, 1:03-CV-704, 2009 WL 3010850 (S.D. Ohio Sept. 21, 2009). The interested party appealed, but on August 10, 2011, the U.S. Court of Appeals for the Sixth Circuit denied the petition for a writ of mandamus.

On November 2, 2010, Judge Beckwith approved modification to the original settlement that both parties had agreed to. ODRC was in the process of converting all of the medical staff positions to the civil service, and it agreed to extend the stipulation to complete that process. The parties agreed to extend the stipulation for an additional eighteen months, to June 22, 2012, at which time it would expire by its terms. They also agreed that the stipulation with regard to dental services would expire on June 30, 2011.

On April 11, 2012, Judge Beckwith dismissed a different case, Greene v. Kasich, 1:12-cv-144, (S.D. Ohio Feb. 17, 2012), because the plaintiffs in that case violated the terms of this case's consent decree by not using the remedies and procedures outlined in the consent decree. If the plaintiffs had a legitimate complaint about systemic deficiencies in Ohio's medical care system, they had to use those remedies and procedures prior to instituting any legal action of their own.

On June 6, 2012, the plaintiffs filed a motion for extension of the stipulation for relief and to stay the termination of the stipulatio pending ruling on this motion. The defendants opposed the motion but conceded that a stay of the termination date would be appropriate pending the submission of the final report from the MOC. Thus, on June 13, 2012, Judge Beckwith stayed the termination date (which had been June 22, 2012) to permit the parties and the court to review the anticipated report granted the plaintiffs.

On July 16, 2012, the MOC submitted the final report. The findings stated that there were no current and ongoing violations of the Eighth Amendment and that the stipulation was no longer necessary. The MOC did identify remaining problems in medical care, but nothing that rose to the level of a constitutional violation. The ODRC had also agreed to continue working with the members of the MOC for two more years to improve quality assurance programs and procedures.

On September 24, 2012, the parties filed a stipulation of dismissal, agreeing that the 2005 stipulation should expire as scheduled and that the court would no longer have jurisdiction of that stipulation. The private settlement agreement stated that during the two-year period of ongoing oversight and consultation services provided by members of the MOC, the ODRC agreed to pay additional sums to class counsel to cover some of OJPC's costs attendant to OJPC's ongoing involvement with the consultants' services. As a result, on October 2, 2012, Judge Beckwith terminated the November 2005 stipulation for injunctive relief and all modifications. Fussell v. Wilkinson, 1:03-CV-704, 2012 WL 4506231 (S.D. Ohio Oct. 2, 2012).

Summary Authors

Kristen Sagar (6/7/2009)

Jessica Kincaid (7/13/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4681140/parties/fussell-v-wilkinson/

Judge(s)

Beckwith, Sandra Shank (Ohio)

Attorney for Plaintiff

Calhoun, Tom P. III (Mississippi)

Camp, Carol (Ohio)

Attorney for Defendant

Babich, Lawrence H. (Ohio)

Expert/Monitor/Master/Other

Judge(s)

Beckwith, Sandra Shank (Ohio)

Marbley, Algenon L. (Ohio)

Wehrman, J. Gregory (Ohio)

Attorney for Plaintiff

Calhoun, Tom P. III (Mississippi)

Camp, Carol (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Howard, Riskell Lashea (Ohio)

Singleton, David A. (Ohio)

Syler, Keith Eric (Ohio)

Attorney for Defendant

Babich, Lawrence H. (Ohio)

DeWine, Michael (Ohio)

Dolan, Ryan G. (Ohio)

Holloway, James Eric (Ohio)

Landes, Mark David (Ohio)

Mancini, Joseph Matthew (Ohio)

Pressman, Marianne (Ohio)

Trout, Gregory (Ohio)

Wehrle, Debra Lee (Ohio)

Expert/Monitor/Master

Cohen, Fred (Arizona)

Other

Martin, Robert

Tullis, Timothy T. (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:03-cv-00704	Docket [PACER]	Feb. 18, 2014	Feb. 18, 2014 Docket
1:03-cv-00704	Grievance (Appendix to Complaint)	Dec. 10, 2002	Dec. 10, 2002 Other
1 1:03-cv-00704	Class Action Complaint	Oct. 14, 2003	Oct. 14, 2003 Complaint
1:03-cv-00704	Report: ODRC - Medical Services Final Report of Findings	Jan. 26, 2005	Jan. 26, 2005 Monitor/Expert/Receiver Report
70 1:03-cv-00704	Opinion	June 30, 2005	June 30, 2005 Order/Opinion 2005 U.S.Dist.LEXIS 13010
1:03-cv-00704	Court Preliminary Approves Settlement Terms No Court	Oct. 6, 2005	Oct. 6, 2005 Press Release
75-1 1:03-cv-00704	Order Preliminarily Approving Stipulation for Injunctive Relief, Authorizing Class Notice, and Setting Fairness Hearing	Oct. 7, 2005	Oct. 7, 2005 Order/Opinion
141 1:03-cv-00704	Opinion and Order Approving Settlement and Denying Objections	Nov. 22, 2005	Nov. 22, 2005 Order/Opinion 2005 WL 3132321
181-1 1:03-cv-00704	Agreement on Dental Care	Feb. 26, 2007	Feb. 26, 2007 Settlement Agreement
108 04-01206	Stipulation for Injunctive Relief	May 21, 2008	May 21, 2008 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4681140/fussell-v-wilkinson/

Last updated Oct. 29, 2026, 2:21 p.m.

Docket for: Fussell v. Wilkinson

ECF Number	Date	Description	Link
1	Oct. 14, 2003	Class Action COMPLAINT against all defendants (Filing fee $ 150. Receipt No. 420529), filed by Plaintiffs Rodney Fussell, James Love, and Gary Roberts (Attachments: # 1 Exhibit A-C# 2 Civil Cover Sheet # 3 Filing Fee Receipt)(kej, ). Modified on 10/16/2003 (tt, ). (Entered: 10/15/2003)	RECAP
2	Oct. 14, 2003	MOTION for admission pro hac vice of attorney Carol R Camp by Plaintiffs (Attachments: # 1 Certificates Of Good Standing # 2 Receipt #420531 in the amount of $50.00 for payment of application fee)(tt, ) (Entered: 10/17/2003)	RECAP
3	Oct. 16, 2003	NOTICE Of Placement on the CM/ECF system (tt, ) (Entered: 10/16/2003)	RECAP
4	Oct. 16, 2003	GENERAL ORDER Of Reference by Judge Sandra S Beckwith REFERRING CASE to Duty Magistrate Judge (tt, ) (Entered: 10/16/2003)	RECAP
5	Oct. 21, 2003	ORDER granting 2 Motion for Leave for Carol R. Camp to Appear Pro Hac Vice as co-counsel for pltfs. Signed by Judge Sandra S Beckwith on 10/21/03.(mb) (Entered: 10/21/2003)	RECAP
6	Dec. 16, 2003	MOTION to Certify Class by Plaintiffs Rodney Fussell, Gary Roberts, James Love. Responses due by 1/9/2004 (Gerhardstein, Alphonse) (Entered: 12/16/2003)	RECAP
7	Dec. 19, 2003	NOTICE of Appearance by Joseph Matthew Mancini Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson (Mancini, Joseph) (Entered: 12/19/2003)	RECAP
8	Dec. 19, 2003	NOTICE of Appearance by Marianne Pressman Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson (Pressman, Marianne) (Entered: 12/19/2003)	RECAP
9	Dec. 24, 2003	STATUS REPORT Parties proposed case management plan and request for status conference by Plaintiffs Rodney Fussell, James Love, Gary Roberts, Defendants Cindy Lawson, Bruce Martin, James McWeeney, Kay Northrup, Pedro Obregon, Mona Parks, Vicki Ware, Reginald Wilkinson. (Attachments: # 1 Text of Proposed Order)(Gerhardstein, Alphonse) (Entered: 12/24/2003)	RECAP
10	Jan. 9, 2004	NOTICE of Appearance by J Eric Holloway Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson (Holloway, J) (Entered: 01/09/2004)	RECAP
11	Jan. 9, 2004	NOTICE by Defendants Cindy Lawson, Bruce Martin, James McWeeney, Kay Northrup, Pedro Obregon, Mona Parks, Vicki Ware, Reginald Wilkinson of Waiver of Service of Summons and Complaint (Holloway, J) (Entered: 01/09/2004)	RECAP
	Jan. 9, 2004	NOTICE by clerk: Status Conference on the proposed case management plan is set for 1/23/2004 at 11:00 AM before Sandra S Beckwith in Room 810. (mb)
12	Jan. 10, 2004	NOTICE of Appearance by J Eric Holloway Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson (Holloway, J) (Entered: 01/10/2004)	RECAP
13	Jan. 21, 2004	ANSWER to Complaint with Jury Demand by Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson.(Holloway, J) (Entered: 01/21/2004)	RECAP
	Feb. 27, 2004	Case docket corrected to reflect that this case is now referred to Visiting Magistrate Judge David S Perelman. Judge Susan M. Novotny no longer assigned to the case. (art, )
	March 1, 2004	NOTICE by clerk: The status conference scheduled for March 19 is RESCHEDULED from 2:00 p.m. TO 2:30 p.m. before J. Beckwith in room 810. (mb)
14	March 8, 2004	AGREED ORDER granting 6 Motion to Certify Class on 1/23/04. Signed by Judge Sandra S Beckwith on 3/8/04, nunc pro tunc. (mb) (Entered: 03/08/2004)	RECAP
	March 10, 2004	NOTICE by clerk: At the parties' request, the status conference of 3/19/04 is RESCHEDULED from 2:30 p.m. TO 9:00 AM before J. Beckwith. (mb)
15	April 2, 2004	AMENDED DOCUMENT by Plaintiffs Rodney Fussell, James Love, Gary Roberts, Defendants Cindy Lawson, Bruce Martin, James McWeeney, Kay Northrup, Pedro Obregon, Mona Parks, Vicki Ware, Reginald Wilkinson. Revised Proposed Case Management Plan. (Attachments: # 1 Notice to Potential Class Members# 2 Agreed Protective Order)(Gerhardstein, Alphonse) (Entered: 04/02/2004)	RECAP
	April 5, 2004	NOTICE by clerk: The conference of 4/5/04 is RESCHEDULED for 4/12/04 at 9:00 a.m. This conference will be conducted by phone and will be initiate by the court.(mb)
16	April 14, 2004	PROTECTIVE ORDER. Signed by Judge Sandra S Beckwith on 4/13/04. (mb) (Entered: 04/14/2004)	RECAP
17	April 14, 2004	NOTICE TO POTENTIAL CLASS MEMBERS signed by the Clerk of Court. (mb) (Entered: 04/14/2004)	RECAP
	May 12, 2004	Judge Timothy S. Black added. Judge David S Perelman no longer assigned to case. (jal, )
18	May 28, 2004	ORDER ordering the clerk to file the letter received from an inmate at the London Corr. Inst. redacting the inmate's name and directing the clerk to schedule a conference concerning the letter. Signed by Judge Sandra S Beckwith on 5/28/04. (mb) (Entered: 05/28/2004)	RECAP
19	May 28, 2004	Letter from an inmate (inmate's name redacted) at London Correctional Institution re: shredding of documents. (mb) (Entered: 05/28/2004)	RECAP
	June 3, 2004	NOTICE by clerk: A telephone conference on the inmate letter is scheduled for 6/10/04 at 3:30 PM before J. Beckwith. The court will initiate the call to counsel. (mb)
20	June 29, 2004	MOTION to become certified class plaintiff by David Easley (tt, ) (Entered: 06/30/2004)	RECAP
	June 30, 2004	NOTICE by clerk: At the 4/12/04 conference, a further status conference was set for 7/30/04 at 2:00 PM. Since that date, numerous conferences have taken place. Therefore, the conference set for 7/30/04 is VACATED.(mb)
21	July 12, 2004	RESPONSE in Opposition re 20 MOTION to become certified class plaintiff by David Easley filed by Plaintiffs (Gerhardstein, Alphonse) Modified on 7/14/2004 (tt, ). (Entered: 07/12/2004)	RECAP
22	July 13, 2004	RESPONSE in Opposition re 20 MOTION by David Easley to become certified class plaintiff filed by Defendants (Mancini, Joseph) Modified on 7/14/2004 (tt, ). (Entered: 07/13/2004)	RECAP
23	July 22, 2004	MOTION to be added as a plaintiff in this action by Anthony Hoepf (tt, ) (Entered: 07/23/2004)	RECAP
24	July 26, 2004	MOTION to Intervene by Intervenor Michael A Kelley Jr. (Attachments: # 1 Exhibits (Part I)# 2 Exhibits (Part II))(tt, ) (Entered: 07/27/2004)	RECAP
25	July 26, 2004	MOTION for Leave to Proceed in forma pauperis by Intervenor Michael A Kelley. (tt, ) (Entered: 07/27/2004)	RECAP
26	July 29, 2004	MOTION for Leave to File Declaration by Movant Kenneth Jay Wilson and to be included as a class member. (Attachments: # 1 Proposed Declaration of Kenneth Jay Wilson)(tt, ) Modified on 8/27/2004 (tt, ). (Entered: 07/29/2004)	RECAP
27	Aug. 2, 2004	RESPONSE in Opposition re 23 MOTION to be added as a plaintiff and amend complant by class member Hoepe filed by Plaintiffs (Gerhardstein, Alphonse) Modified on 8/3/2004 (tt, ). (Entered: 08/02/2004)	RECAP
28	Aug. 2, 2004	RESPONSE in Opposition re 24 Michael A. Kelly, Jr.'s MOTION to Intervene filed by Plaintiffs (Gerhardstein, Alphonse) Modified on 8/3/2004 (tt, ) (Entered: 08/02/2004)	RECAP
29	Aug. 9, 2004	REPLY to Response to 24 MOTION to Intervene filed by Intervenor Michael A Kelley. (Attachments: # 1 Exhibits A - B# 2 Exhibit C)(tt, ) (Entered: 08/11/2004)	RECAP
30	Aug. 16, 2004	RESPONSE in Opposition re 23 MOTION by Anthony Hoepf to be added as a plaintiff filed by Defendants (Mancini, Joseph) Modified on 8/18/2004 (tt, ). (Entered: 08/16/2004)	RECAP
31	Aug. 17, 2004	RESPONSE in Opposition to 24 Pro Se Michael Kelley's MOTION to Intervene filed by Defendants (Mancini, Joseph) Modified on 8/18/2004 (tt, ) (Entered: 08/17/2004)	RECAP
32	Aug. 18, 2004	RESPONSE in Opposition to 26 Pro Se Kenneth Jay Wilson's MOTION for Leave to File Declaration filed by Defendants ; Defendants also request document be stricken (Attachments: # 1 Exhibit A, Offender Data)(Mancini, Joseph) Modified on 11/2/2004 (tt, ). (Entered: 08/18/2004)	RECAP
33	Aug. 24, 2004	RESPONSE in Opposition re 24 Michael A Kelley Jrs' MOTION to Intervene filed by Proposed Defendants Ohio State University Medical Center, Dr Cora McNally, M.D., and Dr Bentley Buchele, M.D.. (tt, ) (Entered: 08/25/2004)	RECAP
34	Aug. 25, 2004	Reply re 31 attorney Joseph M Mancini's Response in Opposition to Motion to Intervene by Intervenor Michael A Kelley. (Attachments: # 1 Exhibits A - B # 2 Exhibit C)(tt, ) (Entered: 08/26/2004)	RECAP
35	Aug. 26, 2004	REPLY to Response to 26 MOTION for Leave to File Declaration and to be included as a class member filed by Movant Kenneth Jay Wilson. (tt, ) (Entered: 08/27/2004)	RECAP
36	Aug. 27, 2004	NOTICE of Appearance by Keith Eric Syler Plaintiffs Rodney Fussell, Gary Roberts, James Love (Syler, Keith) (Entered: 08/27/2004)	RECAP
37	Aug. 30, 2004	Reply re 33 Opposition filed by Proposed Defendants Ohio State University Med Center, Dr Cora McNally, and Dr Bentley Buchele with respect to Motion to Intervene by Intervenor Michael A Kelley. (tt, ) (Entered: 08/30/2004)	RECAP
38	Sept. 2, 2004	ORDER finding as moot 20 Motion, finding as moot 23 Motion, denying 24 Motion to Intervene, denying 25 Motion for Leave to Proceed in forma pauperis, striking 26 Motion for Leave to File declaration to be included as a class member. Signed by Judge Sandra S Beckwith on 9/2/04. (mb) (Entered: 09/02/2004)	RECAP
40	Sept. 24, 2004	NOTICE OF APPEAL filed by Intervenor Michael A Kelley as to 38 Order on Motion for Miscellaneous Relief,,,, Order on Motion to Intervene,, Order on Motion for Leave to Proceed in forma pauperis,, Order on Motion for Leave to File.*Directed to file as Notice of Appeal by US Court of Appeals* (Attachments: # 1 Exhibit Order)(kej, ) (Entered: 10/05/2004)	RECAP
39	Oct. 1, 2004	Letter from USDC, Southern District of Ohio, to Michael A Kelley Jr. returning brief submitted on 9/24/2004 ; Motion for leave to intervene was denied on 9/2/2004 (tt, ) (Entered: 10/01/2004)	RECAP
	Oct. 20, 2004	USCA Case Number 04-4275 for 40 Notice of Appeal, filed by Michael A Kelley. (kej, )
41	Nov. 9, 2004	Letter from Mary Brown to counsel scheduling a telephone conference for 11/10/04 at 4:30 PM on Dennis Wolfel's letter of 10/25/04 before J. Beckwith. (Exhibit (1): Inmate Wolfel's Letter). (mb) Modified on 11/9/2004 (mb). (Entered: 11/09/2004)	RECAP
42	Nov. 10, 2004	Unopposed MOTION for Leave to incorporate additional language into the Agreed Protective Order { Proposed Entry of Supplemental Order with respect to Agreed Protective Order attached) by Plaintiffs (Attachments: # 1 Text of Proposed Order)(Syler, Keith) Modified on 11/17/2004 (tt, ). (Entered: 11/10/2004)	RECAP
43	Nov. 23, 2004	ORDER granting 42 Pltfs' Motion to Supplement the Agreed Protective Order previously filed (doc. 16). Signed by Judge Sandra S Beckwith on 11/23/04. (mb) (Entered: 11/23/2004)	RECAP
44	Nov. 29, 2004	MOTION for Leave to Proceed in forma pauperis on Appeal by Intervenor Michael A Kelley. (tt, ) (Entered: 12/01/2004)	RECAP
45	Dec. 6, 2004	ORDER transferring 44 Motion for Leave to Proceed in forma pauperis to the Court of Appeals for ruling. Signed by Judge Sandra S Beckwith on 12/6/04. (mb) (Entered: 12/06/2004)	RECAP
46	Dec. 10, 2004	ORDER of USCA DISMISSING 40 Notice of Appeal filed by Michael A Kelley (tt, ) (Entered: 12/16/2004)	RECAP
47	Feb. 14, 2005	MOTION to Intervene by Christopher R Bruggeman and Demand for Jury Trial. (Attachments: # 1 Appendix and Exhibits A - G # 2 Exhibits H - J # 3 Exhibits K - M)(tt, ) (Entered: 02/15/2005)	RECAP
48	Feb. 25, 2005	RESPONSE in Opposition re 47 MOTION to Intervene of Christopher R. Bruggeman filed by Plaintiffs (Syler, Keith) Modified on 2/28/2005 (tt, ). (Entered: 02/25/2005)	RECAP
49	Feb. 25, 2005	MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Pro Se Intervenor Plaintiff Christopher R Bruggeman. (tt, ) (Entered: 02/25/2005)	RECAP
50	March 1, 2005	Letter to the USDC at Cincinnati from Supreme Court of the United States ; Petition for writ of certiorari in case Michael A Kelley, Jr. v Wilkinson, e tal., was placed on the docket 2/2/2005, Case No 04-8475 (tt, ) (Entered: 03/02/2005)	RECAP
51	March 2, 2005	RESPONSE in Opposition re 47 Christopher R Bruggeman's MOTION to Intervene as a Right Pursuant to Fed.R.Civ. P. Rule 24(a) filed by Defendants ; Parties respectfully join in plaintiffs reasons set forth in their opposition brief (Mancini, Joseph) Modified on 3/3/2005 (tt, ). (Entered: 03/02/2005)	RECAP
52	March 7, 2005	MOTION for Extension of Time to File Response/Reply as to 51 Defendants Response in Opposition to Motion to Intervene and 48 Plaintiffs Response in Opposition to Motion to Intervene ; New date requested 4/11/2005 by Intervenor Plaintiff Christopher R Bruggeman. (tt, ) (Entered: 03/08/2005)	RECAP
53	March 9, 2005	ORDER granting 52 Intervenor Bruggeman's Motion for Extension of Time to File Reply to his motion to intervene. Reply due 3/25/05. Signed by Judge Sandra S Beckwith on 3/9/05. (mb) (Entered: 03/09/2005)	RECAP
54	March 11, 2005	RESPONSE in Opposition re 49 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order of Christopher R. Bruggeman filed by Plaintiffs (Syler, Keith) Modified on 3/28/2005 (tt, ). (Entered: 03/11/2005)	RECAP
55	March 11, 2005	STATUS REPORT and Notice of Manual Filing of Medical Investigation Team Report by Plaintiff Rodney Fussell. (Syler, Keith) Modified on 3/28/2005 (tt, ). (Entered: 03/11/2005)	RECAP
242	March 11, 2005	Clerk has received the Ohio Department of Rehabilitation and Correction Medical Services Final Report of Findings filed manually by Plaintiffs ; The document is voluminous in size and has been placed in an accordion folder with the office file (tt, ) (jee). (Entered: 03/12/2005)	RECAP
56	March 17, 2005	RESPONSE in Opposition re 49 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order of Christopher Bruggeman filed by Defendants (Mancini, Joseph) Modified on 3/18/2005 (tt, ). (Entered: 03/17/2005)	RECAP
57	March 22, 2005	REPLY to Response to 47 MOTION to Intervene filed by Intervenor Plaintiff Christopher R Bruggeman. (tt, ) (Entered: 03/23/2005)	RECAP
58	March 23, 2005	REPLY to Response to 49 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order filed by Intervenor Plaintiff Christopher R Bruggeman. (Attachments: # 1 Appendix)(tt, ) (Entered: 03/23/2005)	RECAP
	April 6, 2005	Judge Timothy S. Black no longer assigned to case. (jl, )
60	April 15, 2005	Letter from Supreme Court of the United States denying petition for a writ of certiorari (tt, ) (Entered: 04/18/2005)	RECAP
59	April 18, 2005	ORDER denying 47 Christopher R. Bruggeman's Motion to Intervene, striking 49 Motion for Preliminary Injunction, striking 49 Motion for TRO. Signed by Judge Sandra S Beckwith on 4/18/05. (mb) (Entered: 04/18/2005)	RECAP
61	April 27, 2005	MOTION for Certification of 59 Order denying request for intervention as a final judgment for purposes of an interlocutory appeal by Christopher R Bruggeman (tt, ) (Entered: 04/29/2005)	RECAP
62	May 3, 2005	Letter from USDC at Cincinnati to Anthony Hoepf ; Per direction of the Court Mr Hoepf is advised that documents received by the Clerk in this case have been forwarded to Plaintiffs counsel ; Mr Hoepf has been advised to submit future documents directly to counsel and any further submissions to the Court will be handled in this same manner (tt, ) Additional attachment # 1 Certified Return Receipt added on 5/9/2005 (tt, ) (Entered: 05/03/2005)	RECAP
63	May 5, 2005	MOTION to Intervene by Scott G Mattimore. (Attachments: # 1 Appendix and Exhibits A - G # 2 Exhibits H - L)(tt, ) (Entered: 05/06/2005)	RECAP
64	May 13, 2005	RESPONSE in Opposition re 61 MOTION for Certification of Order denying request for intervention as a final judgment for purposes of an interlocutory appeal filed by Plaintiffs (Syler, Keith) Modified on 5/16/2005 (tt, ). (Entered: 05/13/2005)	RECAP
65	May 17, 2005	RESPONSE in Opposition re 61 MOTION for Certification of Order denying request for intervention as a final judgment (Mancini, Joseph) Modified on 5/19/2005 (tt, ). (Entered: 05/17/2005)	RECAP
66	May 24, 2005	MOTION for Extension of Time to File Response/Reply in support of 61 MOTION for Certification of Order denying request for intervention as a final judgment for purposes of an interlocutory appeal ; New date requested 6/24/2005 by Intervenor Plaintiff Christopher R Bruggeman. (tt, ) (Entered: 05/24/2005)	RECAP
	May 27, 2005	NOTATION ORDER granting 66 Bruggeman's Motion for Extension of Time to File Response to 66 MOTION certification of Order denying request for intervention as a final judgment for purposes of an interlocutory appeal re 59 Order on Motion to Intervene, etc. Signed by Judge Sandra S Beckwith on 5/27/05. (mb)
67	June 23, 2005	Letter from Clerk, USDC at Cincinnati returning letter submitted to the Court and directing Mr Love to submit correspondence directly to counsel for Plaintiffs (tt, ) Additional attachment # 1 Certified Mail Receipt added on 6/23/2005 (tt, ). Additional attachment # 2 Certified Return Receipt added on 6/29/2005 (tt, ). (Entered: 06/23/2005)	RECAP
68	June 27, 2005	Letter from Supreme Court of the United States denying petition for rehearing (tt, ) (Entered: 06/29/2005)	RECAP
69	June 29, 2005	REPLY IN SUPPORT OF 61 MOTION certification of Order denying request for intervention as a final judgment for purposes of an interlocutory appeal filed by Intervenor Plaintiff Christopher R Bruggeman. (mb) (Entered: 06/29/2005)	RECAP
70	June 30, 2005	ORDER denying 61 Bruggeman's motion to certify an issue for interlocutory appeal. Signed by Judge Sandra S Beckwith on 6/30/05. (mb) (Entered: 06/30/2005)	RECAP
71	June 30, 2005	ORDER denying 63 Mattimore's Motion to Intervene. Signed by Judge Sandra S Beckwith on 6/30/05. (mb) (Entered: 06/30/2005)	RECAP
72	July 5, 2005	Letter to J. Beckwith from Plaintiff, James Love, dated 6/20/05. (mb) (Entered: 07/05/2005)	RECAP
	July 27, 2005	Minute Entry: Status Conference held before Judge Sandra S Beckwith. (Court Reporter MA Ranz (Official).) (mb)
73	July 29, 2005	NOTICE of Withdrawal of Keith Syler as Counsel for Plaintiffs in this Matter (Syler, Keith) Modified on 8/1/2005 (tt, ). (Entered: 07/29/2005)	RECAP
74	Sept. 19, 2005	JOINT MOTION for Approval of Settlement by Plaintiffs and Defendants Reginald Wilkinson, Bruce Martin, Mona Parks, Vicki Ware, and Cindy Lawson. (Attachments: # 1 Stipulation of Settlement # 2 Appendix A to Stipulation of Settlement # 3 Appendix B to Stipulation of Settlement # 4 Appendix C to Stipulation of Settlement # 5 Appendix D to Stipulation of Settlement # 6 Appendix E to Stipulation of Settlement # 7 Proposed Class Notice # 8 Draft Order Approving Settlement)(Singleton, David) Modified on 9/20/2005 - To clarify docket text (tt, ). (Entered: 09/19/2005)	RECAP
	Sept. 22, 2005	NOTICE by clerk: A conference (via telephone) on the Joint Motion to Approve Class Action Judgment (Doc. 74) is scheduled for October 6, 2005 at 10:00 a.m. before J. Beckwith. The court will initiate the call to counsel. (mb)
	Oct. 6, 2005	Minute Entry: Conference on the Motion for Approval of Settlement held before Judge Sandra S Beckwith. Fairness hearing set for 11/16/05 at 3:00 PM. (Court Reporter MA Ranz (Official).) (mb)
75	Oct. 7, 2005	ORDER preliminarily approving the class settlement. Signed by Judge Sandra S Beckwith on 10/7/05. (Attachments: # 1 Stip. for Injunctive Relief# 2 Notice to Class Members). A fairness hearing is scheduled for 11/16/05 at 3:00 PM. (mb) (Entered: 10/07/2005)	RECAP
76	Oct. 7, 2005	NOTICE to class members signed by the clerk. Fairness hearing set for 11/16/05 at 3:00 PM. Any objections are to be filed no later than 11/1/05. (mb) (Entered: 10/07/2005)	RECAP
77	Oct. 13, 2005	Objections to 76 Notice (Other) filed by Ralph Beasley and Richard Clark Sr (tt, ) (Entered: 10/13/2005)	RECAP
78	Oct. 13, 2005	Objection to 76 Notice (Other) filed by Robert Martin (tt, ) (Entered: 10/13/2005)	RECAP
79	Oct. 13, 2005	Letter from Clerk, USDC at Cincinnati to Phillip Tate returning correspondence received on 10/13/2005 (tt, ) (Entered: 10/14/2005)	RECAP
80	Oct. 14, 2005	MOTION to Amend/Correct 74 MOTION for Settlement Joint Motion to for Approval of Settlement, 75 Order by Plaintiffs James Love, Rodney Fussell, Gary Roberts, Defendants Reginald Wilkinson, Kay Northrup, Bruce Martin, Pedro Obregon, Mona Parks, Vicki Ware, James McWeeney, Cindy Lawson. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Singleton, David) (Entered: 10/14/2005)	RECAP
84	Oct. 17, 2005	NOTICE of objection to proposed settlement by Charles Richard Von Schriltz, Mansfield, Ohio. (mb) (Entered: 10/18/2005)	RECAP
82	Oct. 18, 2005	NOTICE of objection to proposed settlement by Douglas A. Ankrom, London, Ohio. (mb) (Entered: 10/18/2005)	RECAP
83	Oct. 18, 2005	NOTICE of objection to proposed settlement by William Ridenour, George Bannister, Charles Boussum & Art Schnipper, all at Chillicothe, Ohio. (Attachments: # 1 Healthcare Debit Forms# 2 Informal Complaint# 3 9/6/05 Memo# 4 (Certificate of Service).(mb) (Entered: 10/18/2005)	RECAP
85	Oct. 19, 2005	Objection to 76 Notice (Other)/Proposed Settlement by Class Member John F Johnson (tt, ) (Entered: 10/19/2005)	RECAP
86	Oct. 19, 2005	Objection to 76 Notice (Other)/Proposed Settlement by class Member Paul Nelson (tt, ) (Entered: 10/19/2005)	RECAP