Case: Battle v. Anderson

Williams v. Saffle

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

MANDATE from U.S. Court of Appeals (Appeal No. 95-7164) vacating the order of the district court, remanding this case for further proceedings, and directing this action be re-assigned to another judge with ORDER attached (Re: Appeals No. 95-7164, 96-7013, 94-7175) granting request to include an order on attorneys'fees with the mandate. Plaintiffs-Appellants are entitled to attorneys fees for work completed in the above appeals. The proper amount, and the question of interim payment of fees shall be determined in the district court. The application to tax costs is likewise granted. Costs in the amount of $1,059.20 are taxed against the appellees pursuant to Federal Rule of Appellate Procedure 39. (trl, Deputy Clerk) (Entered: 05/28/1996)

MINUTE ORDER: It is ordered that this case is reassigned to Judge Michael Burrage (FHS) (cc: all counsel) (trl, Deputy Clerk) (Entered: 05/29/1996)

ORDER by Judge Michael Burrage that the parties file simultaneous briefs addressing the effect of the Prison Litigation Reform Act upon this litigation, including its retroactivity. Said briefs shall be filed no later than 6/20/96, Thereafter, the parties shall be permitted until 6/28/96 to file simultaneous responses to each party's respective brief. (cc: all counsel) (pjw, Deputy Clerk) (Entered: 06/06/1996)

Joint MOTION by parties for extension of time to file briefs ; resp to motion ddl 6/26/96 (nrh, Deputy Clerk) Modified on 08/05/1997 (Entered: 06/13/1996)

MINUTE ORDER: Parties' Joint Motion for an Extension of Time to File Briefs filed 6/12/96 is hereby GRANTED. Accordingly, the parties shall file simultaneous briefs on the effect of the Prison Litigation Reform Act of 1996 upon this action no later than 7/10/96 and simultaneous responsive briefs shall be filed by 7/18/96. [4-1] (cc: all counsel) (nrh, Deputy Clerk) (Entered: 06/14/1996)

MOTION by defendants' attorney, Melody Nelson to withdraw as counsel of record ; resp to motion ddl 7/8/96 (nrh, Deputy Clerk) Modified on 06/21/1996 (Entered: 06/21/1996)

ORDER by Judge Michael Burrage granting Asst. Attorney General Melody Noble Nelson's motion to withdraw as counsel of record [6-1] for USA (cc: all counsel) (nrh, Deputy Clerk) (Entered: 06/24/1996)

. . .MOTION by defendant to dissolve injunctions and terminate all prospective orders with brief ; resp to motion ddl 7/23/96 (nrh, Deputy Clerk) (Entered: 07/10/1996)

MOTION by plaintiff for leave to file brief over 25 pages in length ; resp to motion ddl 7/24/96 (nrh, Deputy Clerk) Modified on 08/05/1997 (Entered: 07/11/1996)

MOTION by intervenor plaintiff USA for extension of time to file brief ; resp to motion ddl 7/24/96 (nrh, Deputy Clerk) (Entered: 07/11/1996)

ORDER by Judge Michael Burrage granting USA, plaintiff-intervenor's motion for extension of time until July 19, 1996 to file brief [10-1] (cc: all counsel) (pjw, Deputy Clerk) Modified on 07/12/1996 (Entered: 07/12/1996)

ORDER by Judge Michael Burrage granting plaintiff's motion for leave to filed brief over 25 pages in length [9-1] (cc: all counsel) (pjw, Deputy Clerk) (Entered: 07/12/1996)

BRIEF on the effect of the Prision Litigation Reform Act by plaintiff Bobby Battle (pjw, Deputy Clerk) Modified on 08/05/1997 (Entered: 07/12/1996)

EXHIBITS to plaintiff's Brief on the effect of the Prision Litigation Reform Act (pjw, Deputy Clerk) (Entered: 07/12/1996)

MINUTE ORDER: Due to the extension granted to the U. S. for the filing of its brief on the effect of the Prison Litigation Reform Act of 1996 upon these proceedings to 7/19/96, the date for the filing of all responsive briefs is hereby extended to 7/31/96. MB (cc: all counsel) (nrh, Deputy Clerk) (Entered: 07/15/1996)

LETTER from 10th Circuit: Petition for Writ of Certiorari was filed July 1, 1996 and assigned Supreme Court No. 95-2090. (smg, Deputy Clerk)

APPLICATION by plaintiffs for extension of time to file response briefs. (smg, Deputy Clerk) (Entered: 07/16/1996)

MINUTE ORDER: Application for Extension of Time to File Response Briefs filed by Plaintiffs on July 16, 1996 is hereby GRANTED. Accordingly, all responsive briefs pertaining to the effect of the Prison Litigation Reform Act of 1996 shall be filed by August 8, 1996. [16-1] (MB) (cc: all counsel) (smg, Deputy Clerk) (Entered: 07/18/1996)

MOTION by intervenor plaintiff USA for leave to file brief over twenty-five pages in length (nrh, Deputy Clerk) Modified on 05/13/1999 (Entered: 07/19/1996)

MINUTE ORDER: United States' Motion to File Brief Over Twenty-Five Pages in Length filed July 19, 1996 is hereby GRANTED. [18-1] (MB) (cc: all counsel) (smg, Deputy Clerk) (Entered: 07/22/1996)

BRIEF by United States on the effect of the Prison Litigation Reform Act upon this litigation. (smg, Deputy Clerk) (Entered: 07/22/1996)

MOTION by plaintiff to allow responses to defendants' Motion to dissolve simultaneous with the briefs on the PLRA ; resp to motion ddl 8/7/96 (nrh, Deputy Clerk) Modified on 07/24/1996 (Entered: 07/24/1996)

ORDER by Judge Michael Burrage granting plaintiff's motion to allow responses to defendants' Motion to dissolve simultaneous with the briefs on the PLRA [21-1] (cc: all counsel) (dcap, Deputy Clerk) (Entered: 07/26/1996)

RESPONSE BRIEF by defendants on applicability of PLRA and SUPPLEMENTAL BRIEF on motion to dissolve injunctions and terminate all prospective orders. (smg, Deputy Clerk) (Entered: 08/05/1996)

RESPONSE BRIEF by intervenor plaintiff USA on the effect of the Prison Litigation Reform Act upon this litigation. (smg, Deputy Clerk) (Entered: 08/08/1996)

MOTION by plaintiff for leave to file brief exceeding 25 pages in length (nrh, Deputy Clerk) (Entered: 08/09/1996)

MOTION by plaintiff for a stay of the Congressional Order entered pursuant to 18 USC Section 3626(e)(2) ; resp to motion ddl 8/22/96 (nrh, Deputy Clerk) (Entered: 08/09/1996)

. . .RESPONSE by plaintiff to motion to dissolve injunctions and terminate all prospective orders with brief [8-1] (nrh, Deputy Clerk) (Entered: 08/09/1996)

. . .MOTION by plaintiff for hearing ; resp to motion ddl 8/22/96 (nrh, Deputy Clerk) (Entered: 08/09/1996)

ORDER by Judge Michael Burrage granting plaintiff's motion for leave to file brief exceeding 25 pages in length [25-1] (cc: all counsel) (pjw, Deputy Clerk) (Entered: 08/13/1996)

ORDER by Judge Michael Burrage that all pleadings filed after this Court's order of 6/5/96 are held in ABEYANCE pending notification of the disposition of the Petition for Certiorari filed in U.S. Supreme Court. (cc: all counsel) (cjt, Deputy Clerk) (acg, Deputy Clerk). (Entered: 08/20/1996)

MOTION by movant Joe Johnson Jr. for appointment of counsel ; resp to motion ddl 9/4/96 (cjt, Deputy Clerk) (Entered: 08/20/1996)

MOTION by movant Joe Johnson Jr. for federal evidentiary hearing ; resp to motion ddl 9/4/96 (cjt, Deputy Clerk) (Entered: 08/20/1996)

MINUTE ORDER by Judge Michael Burrage that the document entitled "Whether class counsel is reasonably effective assistance or adequate assistance of class counsel to class and/or to a member of class" shall be construed as a brief in support of motion for evidentiary hearing. (MB) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 08/20/1996)

BRIEF by movant Joe Johnson, Jr. in support of motion for evidentiary hearing (entitled - Whether class counsel is reasonably effective assistance or adequate assistance of class counsel to class and/or to a member of class) (cjt, Deputy Clerk) (Entered: 08/20/1996)

MINUTE ORDER: Upon review of the motion for leave to proceed in forma pauperis, the Court notes that movant, Joe Johnson, Jr., failed to sign the subject pleading in violation of Rule 11, FRCP. Accordingly, the Clerk is directed to return the subject motion to movant for his signature. Movant shall be permitted until 9/10/96 by which to file the signed motion. (MB) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 08/20/1996)

RECORD on appeal returned from U.S. Court of Appeals as to USCA #95-7085, Kennedy v Anderson consisting of 1 volume of pleadings. (nsb, Deputy Clerk)

MINUTE ORDER: In clarification of this Court's order of August 20, 1996, the order holding all matters in this action in abeyance extends to all pleadings and requested relief filed in this case both before and after the entry of the August 20, 1996 order, unless otherwise ordered by this Court. (MB) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 08/21/1996)

RESPONSE by plaintiff to motion for federal evidentiary hearing [32-1] and to motion for appointment of counsel [31-1] ; reply to motion response ddl 9/17/96 (nrh, Deputy Clerk) (Entered: 09/03/1996)

MOTION by Joe Johnson for leave to proceed in forma pauperis . (fe, Deputy Clerk) (Entered: 09/10/1996)

TRAVERSE AND PETITIONERS RESPONSE to class counsels motion to dismiss. (REPLY by Joe Johnson Jr.) (smg, Deputy Clerk) (Entered: 09/11/1996)

MOTION AND BRIEF by plaintiffs for reconsideration of stay, and for hearing ; resp to motion ddl 9/25/96 (smg, Deputy Clerk) (Entered: 09/11/1996)

MINUTE ORDER: U.S.A. and Defendants shall file an expedited Response to the Motion and Brief of Plaintiff's for Reconsideration of Stay and for Hearing filed September 12, 1996 no later than September 19, 1996. MB (cc: all counsel) (nrh, Deputy Clerk) (Entered: 09/11/1996)

Miscellaneous pleading filed by Joe Johnson, Jr. (nrh, Deputy Clerk) (Entered: 09/16/1996)

RESPONSE by intervenor plaintiff USA to plaintiff's motion for reconsideration of stay and for hearing [40-1], [40-2] ; reply to motion response ddl 10/3/96 (smg, Deputy Clerk) (Entered: 09/19/1996)

ORDER by Judge Michael Burrage granting Motion of Plaintiffs for Reconsideration of Stay and for hearing filed 9/11/96 and VACATING the Court's order of 8/20/96 staying these proceedings. Further, setting hearing on 9/26/96 at 8:30 a.m. before the Hon. Michael Burrage. [40-1][30-1] (cc: all counsel, called and faxed) (nrh, Deputy Clerk) (acg, Deputy Clerk). (Entered: 09/20/1996)

MOTION by Petitioner Robert E. Cotner to Certify Petitioner as a Memeber of a State created Suspect Class and Motion to Certify Suspect Class and Appont Counsel ; resp to motion ddl 10/4/96 (nrh, Deputy Clerk) Modified on 09/23/1996 (Entered: 09/23/1996)

NOTICE called and mailed SETTING hearing 9/26/96 at 8:30 a.m. before Judge Michael Burrage at the U.S. Courthouse, 5th and Okmulgee Streets, Muskogee, OK (cc: all counsel) (nrh, Deputy Clerk)

RESPONSE by defendant to plaintiffs' motion for reconsideration of stay and for hearing [40-2] ; reply to motion response ddl 10/3/96 (nrh, Deputy Clerk) Modified on 09/23/1996 (Entered: 09/23/1996)

MOTION by intervenor plaintiff USA to change the date of the hearing scheduled for 9/26/96 (nrh, Deputy Clerk) (Entered: 09/23/1996)

MINUTE ORDER: United States' Motion to Change the Date of the Hearing Scheduled for September 26, 1996 is hereby DENIED. [47-1] (cc: all counsel) (nrh, Deputy Clerk) (Entered: 09/25/1996)

TELEPHONIC HEARING ON MOTION TO CONTINUE HEARING SCHEDULED 9/26/96. Plaintiff Battle present by counsel Louis Bullock. Plaintiff-Intervenor USA present by counsel Robert Bowman. Defendants present by counsel Guy Hurst. Courtroom Deputy: Nancy Lippmann, Court Reporter: Karla McWhorter. Motion by USA to change the date of hearing set for 9/26/96 discussed. ENTERING ORDER: Denying plaintiff-intervenor's motion to continue hearing scheduled 9/26/96. (nrh, Deputy Clerk) Modified on 05/13/1999

HEARING ON MOTIONS: before the Hon. Michael Burrage. Plaintiff present by counsel Louis Bullock and Michelle Gehris. Plaintiff/Intervenor U.S.A. present by counsel Verlin Hughes and Sheldon Sperling. Defendant present by counsel Guy Hurst and Vincent Knight. Courtroom Deputy: Nancy Lippmann, Court Reporter: Karla McWhorter. Pending motions discussed. ENTERING ORDER: Setting evidentiary hearing for 10/15/96 at 9:00 A.M. in McAlester, Oklahoma regarding the condemned cell house issue. SETTING further hearing on 12/2/96 at 9:00 A.M. in McAlester, Oklahoma regarding the triple celling at Mabel Bassett and Motion to Dismiss Injunctions. (nrh, Deputy Clerk)

MOTION by Joe Johnson Jr. for federal evidentiary hearing and appointment of independent counsel ; resp to motion ddl 10/17/96 (cjt, Deputy Clerk) (Entered: 10/03/1996)

MINUTE ORDER: In accordance with the bench order announced at the hearing conducted 9/26/96, the parties shall transmit by facsimile any and all written discovery requests to opposing counsel no later than the close of business on 9/27/96. Thereafter, responses to said discovery requests shall be served no later than 10/4/96. Should the parties be unable to comply with the response date, they should file an application for relief from this requirement. Further, a hearing shall be conducted regarding the use of the east cellhouses in the Oklahoma State Penitentiary in McAlester and Granite Reformatory contained in the Application filed by plaintiffs on 10/27/95 on 10/15/96, at 9:00 a.m. in the Federal Courthouse in McAlester, Oklahoma. Thereafter, this Court will conduct a hearing with regard to the Application filed by Plaintiffs on 11/9/95 and the Motion filed by Defendants to dissolve the injunctions imposed in this case on 12/2/96 at 9:00 a.m. in the Federal Courthouse in McAlester, Oklahoma. (MB) (cc: all counsel) (pjw, Deputy Clerk) (Entered: 10/08/1996)

TELEPHONIC hearing: before the Hon . Michael Burrage. Courtroom Deputy: Nancy Lippmann, Court Reporter: Karla McWhorter. Plaintiff present by counsel Louis Bullock and Michelle Gehris. Plaintiff/Intervenor present by counsel Verlin Hughes. Defendant present by counsel Guy Hurst and Vincent Knight. Mr. James Balsamo, consultant for Dept. of Justice, present. Emergency Application to strike hearings of 10/15/96 and 12/2/96 discussed. ENTERING ORDER: Due to the U. S. Supreme Court's Ruling Vacating the Judgment entered by the 10th Circuit, hearings set for 10/15/96 and 12/2/96 in McAlester, OK are hereby stricken. (nrh, Deputy Clerk)

NOTICE mailed Hearings set in McAlester, OK before the Hon. Michael Burrage on 10/15/96 and 12/2/96 are hereby stricken (cc: all counsel) (nrh, Deputy Clerk)

EMERGENGY APPLICATION by defendant for protective order and for order to strike hearings and Brief in Support thereof (nrh, Deputy Clerk) (Entered: 10/09/1996)

MOTION (Titled Application) by plaintiff to stay, and for hearing on defendants' violations of injunctions and BRIEF in support ; resp to motion ddl 11/5/96 (pjw, Deputy Clerk) (Entered: 10/21/1996)

APPENDIX to Plaintiffs' Application and Brief in support of Emergency Application for Stay and For Hearing on Defendants' violations of injunctions filed by plaintiff (pjw, Deputy Clerk) (Entered: 10/21/1996)

MISCELLEANEOUS PLEADING from Joe Johnson, Jr. (pyb, Deputy Clerk) (Entered: 10/23/1996)

Plaintiff's Second Supplemental BRIEF in Support of Emergency Motion for Expedited Consideration [52-1] [52-2] (nrh, Deputy Clerk) (Entered: 10/23/1996)

MINUTE ORDER: After consideration of the arguments of counsel at a telephonic conference conducted on October 8, 1996, the Emergency Application for Protective Order and Order to Strike Hearings filed by Defendants on October 9, 1996 is hereby GRANTED. Accordingly, the hearings previously set by this Court on the various applications and motions for October 15, 1996 and December 2, 1996 are hereby STRICKEN. Further, this Court's order authorizing discovery in connection with these hearings is hereby VACATED [51-1], [51-2] MB (cc: all counsel) (nrh, Deputy Clerk) Modified on 05/13/1999 (Entered: 10/23/1996)

TRANSCRIPT filed of proceedings of telephone conference of October 8, 1996 (nrh, Deputy Clerk)

ATTORNEY APPEARANCE for plaintiff by Michele T. Gehres (nrh, Deputy Clerk) (Entered: 11/01/1996)

RESPONSE and OBJECTION by defendants' to plaintiff's application to stay [52-1] and for hearing on defendants' violations of injunctions [52-2] ; reply to motion response ddl 11/18/96 (nrh, Deputy Clerk) (Entered: 11/06/1996)

MANDATE from U.S. Court of Appeals vacating the District Court's Order dated 11/15/95 and remanding the case to the District Court for a prompt hearing on the underlying motions. (nrh, Deputy Clerk) (Entered: 11/13/1996)

ORDER by Chief Judge Michael Burrage for hearing on issues concerning the Order and Judgment by the Tenth Circuit Court of Appeals set on 11/15/96 at 1:00 p.m. (cc: all counsel) (pjw, Deputy Clerk) (Entered: 11/13/1996)

SUPPLEMENTAL BRIEF by defendants for show cause hearing on contempt (nrh, Deputy Clerk) (Entered: 11/18/1996)

Plaintiffs' NOTICE of Recent Authorities on the Prison Litigation Reform Act (nrh, Deputy Clerk) (Entered: 11/18/1996)

SCHEDULING HEARING MINUTES: before the Hon. Michael Burrage. Plaintiff present by counsel Louis W. Bullock and Michele T. Gehres. Plaintiff intervenor USA present by counsel Verlin Hughes. Defendants present by counsel Guy Lee Hurst and Vincent L. Knight. Courtroom Deputy: Nancy Lippmann. Court Reporter: Karla McWhorter. In reference to the Prison Litigation Reform Act, the parties are to file brief citing additional authority by 11/22/96 and responses to be filed by 11/27/96. Defendant's incident reports and maintenance records to be provided to plaintiff by 11/21/96. Any responses to outstanding discovery requests to be exchanged by 11/21/96. ENTERING ORDER: Setting hearing on pending motions in McAlester, Oklahoma at the U.S. Courthouse, on 12/2/96 AT 9:00 A.M. (MB) (nrh, Deputy Clerk)

MINUTE ORDER: In accordance with the hearing conducted in this matter on November 15, 1996, the parties shall be permitted until November 22, 1996 by which to submit briefs containing any additional authorities or argument on the effect and constitutionality of the Prison Litigaiton Reform Act. Thereafter, responsive briefs may be filed no later than November 27, 1996. Further, a hearing shall be conducted on all pending matters in this case on December 2, 1996 at 9:00 a.m. in the Federal Courthouse located in McAlester, Oklahoma. Defendants shall provide the incident and maintenance reports requested by plaintiffs by November 21, 1996. Additionally, the parties shall respond to one another's outstanding discovery requests no later than November 21, 1996. MB (cc: all counsel) (nrh, Deputy Clerk) (Entered: 11/18/1996)

MOTION by plaintiff Bobby Battle for reconsideration of scheduling order ; resp to motion ddl 12/5/96 (pjw, Deputy Clerk) (Entered: 11/20/1996)

MOTION by plaintiff Bobby Battle to compel discovery on defendants' Rule 60(b) Motion and PLRA Motion to Dismiss the case and dissolve the injunctions and Plaintiffs' application for contempt for the use of the east cell house at Granite and triple celling at Mabel Bassett ; resp to motion ddl 12/5/96 (pjw, Deputy Clerk) (Entered: 11/20/1996)

MOTION by intervenor plaintiff USA to permit completion of discovery on issues related to plaintiffs' contempt motion, restrict the hearing scheduled for December 2, 1996 to argument on the PLRA and evidence on the contempt motion and set an expedited schedule for additional discovery and an evidentiary hearing thereafter relevant to defendants' dismissal motions (nrh, Deputy Clerk) (Entered: 11/25/1996)

MEMORANDUM IN SUPPORT by intervenor plaintiff USA of its motion requesting that the Court permit completion of discovery on issues related to plaintiffs' contempt motion, restrict the hearing scheduled for December 2, 1996 to argument on the PLRA and evidence on the contempt motion and set an expedited schedule for additional discovery and an evidentiary hearing hereafter relevant to defendants' dismissal motions. (nrh, Deputy Clerk) (Entered: 11/25/1996)

MOTION by plaintiff for leave to file brief over 25 pages in length (nrh, Deputy Clerk) (Entered: 11/25/1996)

MOTION by plaintiff Bobby Battle for writ of Habeas Corpus Ad Testificandum for inmate witnesses to appear and testify at hearing in McAlester, OK on 12/2/96 (nrh, Deputy Clerk) (Entered: 11/25/1996)

SUPPLEMENTAL BRIEF by intervenor plaintiff USA on the effect of the Prison Litigation Reform Act upon this litigation (nrh, Deputy Clerk) (Entered: 11/25/1996)

TRANSCRIPT filed of Telephone Conferences held before the Hon. Michael Burrage, October 8, 1996 at 10:00 a.m. and 3:30 p.m. (nrh, Deputy Clerk) Modified on 08/05/1997

TRANSCRIPT of Proceedings of Scheduling Hearing before the Hon. Michael Burrage, on November 15, 1996 at 1:20 p.m. (nrh, Deputy Clerk)

SUPPLEMENTAL BRIEF by defendants with respect to PLRA (nrh, Deputy Clerk) (Entered: 11/25/1996)

NOTICE mailed (and called) STRIKING the hearing set on 12/2/96 at 9:00 a.m. in McAlester, OK and RESETTING the hearing for 12/4/96 at 9:00 a.m. before Judge Michael Burrage at the U.S. Courthouse, McALESTER, OK (cc: all counsel) (nrh, Deputy Clerk)

MOTION by defendants to compel answers to interrogatories and admissions (nrh, Deputy Clerk) (Entered: 11/26/1996)

MINUTE ORDER: Upon due consideration of Defendants' Motion to Compel filed November 26, 1996 (Docket Entry #72), this Court finds that the Motion should be GRANTED. Plaintiffs' objection that the requested information is "irrelevant and immaterial" is without merit. At the very least, the information sought by the interrogatories served by Defendants upon Plaintiffs is "reasonably calculated to lead to the discovery of admissible evidence" and relevant to the issues at hand. Fed. R. Civ. P. 26(b)(l). Accordingly, considering the proximity of the hearing to consider the outstanding motions in this case, Plaintiffs shall serve substantive responses to Defendants' Interrogatory Nos. 4, 8 and 10 upon Defendants' counsel by facsimile no later than NOVEMBER 27, 1996 AT 2:00 P.M. [72-1] MB (cc: all counsel) (nrh, Deputy Clerk) (Entered: 11/27/1996)

RESPONSE by intervenor plaintiff USA to Supplemental Brief of the State of Oklahoma and The Battle Class Plaintiffs on the Prison Litigation Reform Act (nrh, Deputy Clerk) Modified on 05/13/1999 (Entered: 11/29/1996)

RESPONSE by plaintiff Bobby Battle to Defendants' Supplemental Brief on the Prison Litigation Reform Act (nrh, Deputy Clerk) (Entered: 11/29/1996)

ORDER by Chief Judge Michael Burrage striking the December 4, 1996, 9:00 a.m. hearing, ordering that the writs ad testificandum issued by this Court on 11/26/96 are vacated, and further ordering that Plaintiffs' counsel to immediately serve a copy of this Order upon those entities who received a copy of the writs issued by this Court directing that cetain witnesses who are currently incarcerated be delivered for the hearing. (Due to 10th Circuit Court of Appeals recalling its mandate calling for evidentiary hearing be conducted by District Court) (cc: all counsel and FAXED 12/2/96) (nrh, Deputy Clerk) Modified on 12/02/1996 (Entered: 12/02/1996)

MOTION by plaintiff for hearing on attorney fee motions ; resp to motion ddl 12/17/96 (nrh, Deputy Clerk) (Entered: 12/02/1996)

MINUTE ORDER: Defendants and Intervenor shall file a response to Plaintiffs' Request for Hearing on Attorney Fee Motions filed 12/2/96 NO LATER THAN DECEMBER 9, 1996 [77-1] (cc: all counsel - faxed 12/3/96) MB (cc: all counsel) (nrh, Deputy Clerk) (Entered: 12/03/1996)

MINUTE ORDER: Plaintiffs' Application to File Brief Over 25 Pages in Length filed November 22, 1996 is hereby GRANTED. Accordingly, the Clerk is directed to file the Plaintiffs' brief. (MB) (cc: all counsel) (pjw, Deputy Clerk) (Entered: 12/04/1996)

SUPPLEMENTAL BRIEF on The Prison Litigation Reform Act by plaintiff Bobby Battle (pjw, Deputy Clerk) (Entered: 12/04/1996)

ORDER from the U.S. Court of Appeals for the Tenth Circuit staying issuance of the mandate pending the filing of a petition for certiorari to the United States Supreme Court. Also GRANTING the Motion to recall the mandate filed by the Appellees, issued on 11/7/96. Finally, consistent with our prior decisions in this case, we order that the injunctions which were vacated by the district court in its order of 11/15/95, are hereby reinstated. The injunction will remain in full force and effect until expressly vacated by court order. (cc: all counsel) (pjw, Deputy Clerk) (Entered: 12/09/1996)

OBJECTIONS by defendants to plaintiffs' request for hearing on Attorney Fee Motions [77-1] (pjw, Deputy Clerk) (Entered: 12/09/1996)

MOTION by plaintiff Bobby Battle for Rule 11 Sanctions against Guy Hurst of the Office of the Attorney General of the State of Oklahoma ; resp to motion ddl 2/5/97 (pjw, Deputy Clerk) Modified on 08/18/1999 (Entered: 01/21/1997)

BRIEF by plaintiff Bobby Battle in support of Motion for Sanctions (pjw, Deputy Clerk) (Entered: 01/21/1997)

ATTORNEY APPEARANCE for all defendants except USA by Robert Morley Anthony (cjt, Deputy Clerk) (Entered: 02/06/1997)

RESPONSE by defendants to motion for Rule 11 Sanctions against Guy Hurst of the Office of the Attorney General of the State of Oklahoma [83-1] ; reply to motion response ddl 2/18/97 (cjt, Deputy Clerk) (Entered: 02/06/1997)

REPLY by plaintiff to response to plaintiff's motion for Rule 11 Sanctions against Guy Hurst of the Office of the Attorney General of the State of Oklahoma [83-1] (cjt, Deputy Clerk) (Entered: 02/18/1997)

. . .MOTION by Michael Washington for sanctions ; resp to motion ddl 3/20/97 (nrh, Deputy Clerk) (Entered: 03/06/1997)