Case: Van Patten v. Pearce

Van Patten v. Wright

Van Patten v. Wright

ORDER granting pltf's alt. req. that all persons released between 2/29 & 3/11 should receive notice. Defts are ord to prepare a list of those individuals who were released from the institution between those dates & adivse the court & pltfs of those names & addresses. The defts are ord then to send a copy of the CLASS ACTION NOTICE to those individuals forthwith. Signed 8/10/88 microfilmed 8/10/88 Honorable James A. Redden ntfd. (former employee) (Entered: 10/31/1988)

Response by defendant Linda Bronson, defendant Jl Diehl, defendant Michael Franke, defendant Rl Wright to court's ord of 8/10/88. [54-1] (former employee) Modified on 10/31/1988 (Entered: 10/31/1988)

ORDER pltfs are permitted to inspect & copy all record in the possession of defts & dealing with the mental or physical condition or care of inmate Gene Corning, deceased. ntfd Signed 8/31/89 microfilmed 8/31/89 Honorable James A. Redden (former employee) (Entered: 08/31/1989)

Change of attorney-Thomas K. Elden is substituted in place of Jan Peter Londahl for defts Francke,Wright & Bronson. (former employee) (Entered: 09/05/1989)

Notice to court from Monte Alan Gillespie-of exclusion from class. (former employee) (Entered: 09/07/1989)

Notice to court from Lee W. Flegel of exclusion from the class action suit. (former employee) (Entered: 09/07/1989)

Notice of exclusion from class action from Tommie Norton (former employee) (Entered: 09/08/1989)

Notice of exclusion from class action from Larry Wideman. (former employee) (Entered: 09/08/1989)

Notice of exclusion from class action from Paul David Naylor. (former employee) (Entered: 09/08/1989)

MOTION by defendants' for order for defts to have access to all dept. of corrections medical case histories, clinical records, x-rays, treatment charts, progress reports, etc on inmates at E.O.C.I. #63 (former employee) Modified on 09/26/1989 (Entered: 09/20/1989)

ORDER granting defts' motion for order for defts to have access to all dept. of corrections medical case histories, records, x-rays, treatment charts, progress reports, etc on inmates at E.O.C.I. [63-1] ntfd Signed 9/25/89 microfilmed 9/26/89 Honorable James A. Redden (former employee) (Entered: 09/26/1989)

MOTION by plaintiffs for order for entry upon land #65 , OA REQ, EXPED HRG by TEL REQ (former employee) (Entered: 10/25/1989)

RECORD OF ord setting t/conf. for 11/2/89 at 2pm , ntfd Honorable James A. Redden (former employee) (Entered: 10/30/1989)

MOTION with memorandum in support filed by defendant for protective order #67 o/a req. (former employee) (Entered: 11/02/1989)

RECORD OF t/ status conf. ORD pltfs' mot for entry of land [65] is Granted and defts' mot for protective order [67] is Denied. Pltfs' expert shall be allowed to interview inmates without any representative of defts being present. Pltfs shall then prepare a report of the interviews pursuant to F.R.Civ.P. Rule 35. *Fred Pearce is substitued for Michael Francke pursuant to F.R. Civ.R. 25(d). ntfd Honorable James A. Redden (former employee) (Entered: 11/06/1989)

Olonzie Clemman exclusion from class action (former employee) (Entered: 11/06/1989)

ANSWER by defendants' Francke, Wright & Bronson to pltf's amended complt. (former employee) (Entered: 01/17/1990)

MOTION by defendants Francke, Wright & Bronson to stay all proceedings and disc to 9/1/9l #71 o/a req. (former employee) (Entered: 02/01/1990)

RECORD OF ord setting a t/status conf. for 2/8/90 at 9:30am to set a full case schedule. , ntfd Honorable James A. Redden (former employee) (Entered: 02/02/1990)

RECORD OF ord the telephone status conf set for 2/8/90 is stricken. Pltfs' shall have until 2/12 to file a response to defts' mot to stay all proceedings [71]. Defts' reply brief shall be filed by 2/23/90. A t/hrg on hte mot is set for 3/5/90 at 10:30am. , ntfd Honorable James A. Redden (former employee) (Entered: 02/06/1990)

MOTION by plaintiffs' to compel production of documents req. deft to produce medicdal records of inmate James Anderson & Richard Bahr & for sanctions #74 o/a req. (former employee) (Entered: 02/14/1990)

MOTION by plaintiffs' to compel production defts to produce for inspection & copying notes & records of individuals employed by State of Oregon who visited EOCI in 1989 & for sanctions #75 o/a req. (former employee) (Entered: 02/14/1990)

MOTION by plaintiffs' for leave to file 2nd amended complt #76 (former employee) (Entered: 02/14/1990)

Affidavit of W. Eugene Hallman regarding motion for leave to file 2nd amended complt [76-1] (former employee) (Entered: 02/14/1990)

Response by plaintiffs' to motion to stay all proceedings and disc to 9/1/9l [71-1] (former employee) (Entered: 02/14/1990)

MOTION by defendants' Pearce, Wright & Bronson for summary judgment against amended complt #79 (former employee) (Entered: 02/21/1990)

Defts' reply to pltfs' response to defts' mot to continue. (former employee) (Entered: 02/21/1990)

Exhs in support of defts reply [80] to pltf's response [78] to defts' mot to continue [71]/also in support of defts' alternative mot for s/j [79]-vol. I (former employee) (Entered: 02/22/1990)

Exhs in support of defts reply [80] to pltfs' response [78] to defts' mot to continue [71]/ also in support of defts' alt. mot for s/j [79]-vol. II (former employee) (Entered: 02/22/1990)

Defts' opposition response to pltf's mot [76-1] to amend the first amended complaint. (former employee) (Entered: 02/22/1990)

RECORD OF ord time set for t/hrg on defts' motion to stay all proceedings and disc to 9/1/9l [71-1] is changed to 9:45am on 3/5/90 ntfd Honorable James A. Redden (former employee) (Entered: 02/28/1990)

Reply & MOTION by plaintiffs' to amend complt #85 (former employee) (Entered: 03/02/1990)

RECORD OF t/hrg. ORD defts' mot to stay proceedings [71-1] is Denied. Pltfs' mot to amend the complt [85-1] is Granted. Further ord setting the following schedule for the case. Pretrial documents due 8/31; PTC 9/7/90 at 1:30pm with 3 day J/T set for 9/11/90. , ntfd Honorable James A. Redden (former employee) (Entered: 03/09/1990)

MOTION by plaintiffs' to extend time to 4/2 to respond to defts' mot for s/j #86 (former employee) (Entered: 03/08/1990)

Affidavit of W. Eugene Hallman regarding motion to extend time to 4/2 to respond to defts' mot for s/j [86-1] (former employee) (Entered: 03/08/1990)

MOTION by defendants' for protective order prohibiting or limiting depos #89 (former employee) (Entered: 03/13/1990)

MOTION by defendants' for protective order prohibiting release of notes #90 (former employee) (Entered: 03/13/1990)

Response to pltfs' mot to compel [74 & 75] production of notes & for sanctions. (former employee) (Entered: 03/13/1990)

ANSWER by Linda Bronson, R L Wright, Fred B Pearce to pltfs' 2nd amended compl. (former employee) (Entered: 03/19/1990)

RECORD OF ord pltf's mot for ext of time to file their response to defts' mot for s/j [86] is Granted. The response shall be filed by 4/2/90. T/hearing on pltf's mot to compel prod. & for sanctions [75], defts' mot for protective ord prohibiting release of notes [90] and defts' mot for protective ord prohibiting or limiting depos [89] is set for 4/9/90 at 11:00am. ORD pltfs' mot for trial in Pendleton [16] is Granted. THhe PTC set for 9/9 and J/T set for 9/11 are stricken. A C/T before Judge Panner is set in Pendleton during the week of 9/17/90. Judge Panner will set document & conference dates. All remaining pretrial matters will remain before this court. , ntfd Honorable James A. Redden (former employee) (Entered: 03/23/1990)

Response by plaintiff to motion for protective order prohibiting or limiting depos [89-1] (former employee) (Entered: 03/23/1990)

RECORD OF ord resetting motion to compel production defts to produce for inspection & copying notes & records of individuals employed by State of Oregon who visited EOCI in 1989 & for sanctions [75-1], motion for protective order prohibiting or limiting depos [89-1] & motion for protective order prohibiting release of notes [90-1] from hrg of 4/9 to t/hrg on 4/6/90 at 10am. ntfd Honorable James A. Redden (former employee) (Entered: 03/30/1990)

Reply by defendants' to pltf's response in opposition motion for protective order prohibiting release of notes [90-1] & motion for protective order prohibiting or limiting depos [89-1] (former employee) (Entered: 04/03/1990)

Response by plaintiffs' to motion for summary judgment against 2nd amended complaint [93-1] & motion for judgment against amended complt [79-1] (former employee) (Entered: 04/03/1990)

Memorandum by plaintiffs' in support of motion response [98-1] (former employee) (Entered: 04/03/1990)

Statement of facts by plaintiff in support of motion response [98-1] (former employee) (Entered: 04/03/1990)

Application by plaintiffs' for preliminary injunction # 101 with supporting exhibits-vol. I (former employee) (Entered: 04/03/1990)

Application for preliminary inj. with supportin exhs. vol. II [101-2] (former employee) (Entered: 04/03/1990)

Application for preliminary inj. with supporting exhibits-vol. III [101-2] (former employee) (Entered: 04/03/1990)

ORDER defts' mot for protective ord prohibiting or limiting depos [89] is Granted-pltfs may take the depo (opinion & fact) of only 1 Blue Ribbon Panel member. Depo will be held in Salem at defts' expense. Pltfs' mot to compel prod. & for sanctions [74] is Granted in part & Denied in part- defts are ord to submit the panel members' notes to the court for in camera inspection; pltfs' mot for sanctions is Denied. Defts mot for protective order prohibiting release of notes [90] is Denied. ORD that defts' response to pltfs' preliminary inj. mot & reply to defts' s/j mot is due 3/31/90. Pltfs' reply to its preliminary inj. mot is due 6/4. All other documents which the parties want the court to consider re the prelim. inj. mot should be filed with the court by 6/15. Hrg. on the s/j & preliminary inj. mots [101,93,79] is set for 7/2 at 8:30am. ntfd Signed 4/9/90 microfilmed 4/9/90 Honorable James A. Redden (former employee) (Entered: 04/09/1990)

RECORD OF ord pltf's mot to compel prod. [75-1] is Granted. Defts are ord to produce the notes of the "Blue RIbbon Panel" member that were produced for the court's in camera inspection. Defts' mot for protective ord prohibiting release of the notes [90] is Denied. Lastly, pltfs' mot for sanctions contained in document [75-1] is Denied. ntfd Honorable James A. Redden (former employee) (Entered: 05/01/1990)

Change of attorney: JOHN R MC CULLOCH JR substituted for attorney THOMAS K ELDEN for defts' (former employee) (Entered: 05/03/1990)

Pltfs' supplemental response to mot for s/j [93] and supplement to application for preliminary injunction [101. (former employee) (Entered: 05/21/1990)

Affidavit of W. Eugene Hallman regarding supplemental response [107- 1] for s/j & preliminary inj. (former employee) (Entered: 05/21/1990)

RECORD OF ord the hrg set for 7/2 on mots [79,93,101] is stricken & reset to 7/9/90 at 8:30am. Further, defts' expert witness may conduct an "inmate survey" as described in defts' letter to the court dated 5/3/90 w/out the presence of a pltf represenetative. ntfd Honorable James A. Redden (former employee) (Entered: 05/22/1990)

MOTION by defendants' to permit filing of combined statement of materials facts in excess of 35 pgs.#110 #110 (former employee) (Entered: 06/01/1990)

Response by defendants' to pltfs' motion for preliminary injunction [101- 1] (former employee) (Entered: 06/04/1990)

Defts' reply to pltfs' response to defts' mot for s/j against 2nd amended complaint [79-1 & 93-1] (former employee) (Entered: 06/04/1990)

Exhibits -vol. I in support of defts' reply [112] to pltfs response to defts' mot for s/j & defts' response to pltfs' mot for preliminary inj. (former employee) (Entered: 06/04/1990)

Exhibits-Vol. II in support of defts' reply [112-1] to pltfs' respons to defts' mot for s/j & defts' response to pltfs' mot for preliminary inj. (former employee) (Entered: 06/04/1990)

Defts' resubmission of court documents 79,80 & 93 in aid of s/j/opposition to preliminary inj. (former employee) (Entered: 06/04/1990)

ORDER granting motion to permit filing of combined statement of materials facts in excess of 35 pgs. [110-1] ntfd Signed 6/4/90 Honorable James A. Redden (former employee) (Entered: 06/04/1990)

Combined statement of materials facts referencing all exhs in support of defts' mot for s/j against the 2nd amended complt & response to pltfs' mot for preliminary inj. (former employee) (Entered: 06/04/1990)

RECORD OF ord pltfs' have until 6/11 to file their reply brief. In addition, written materials shall be submitted by 6/22/90. , ntfd Honorable James A. Redden (former employee) (Entered: 06/05/1990)

RECORD OF ord the hrg on pltf's mot for preliminary inj. [101-1] , set for 7/9 is stricken. The parties mots for s/j [79-1 & 93-1] will be heard on 7/9/90 at 10:30am. [ntfd] Honorable James A. Redden (former employee) Modified on 06/29/1990 (Entered: 06/13/1990)

MOTION by plaintiffs' for protective order #120 exp. t/hrg. req. (former employee) (Entered: 06/26/1990)

Affidavit of Charles A. Rosenberg, M.D. regarding motion for protective order [120-1] (former employee) (Entered: 06/26/1990)

Affidavit of W. Eugene Hallman regarding motion for protective order [120-1] (former employee) (Entered: 06/26/1990)

Affidavit of Frank L.Rundle, M.D. regarding motion for protective order [120-1] (former employee) (Entered: 06/26/1990)

RECORD OF ord setting t/status conf. for 6/28/90 at 10am. , ntfd Honorable James A. Redden (former employee) (Entered: 06/27/1990)

RECORD OF t/status conf. ORD pltf's mot for protective ord [120] is granted in part & denied in part as follows: defts may not depose any class members unless pltfs agree to the depos & agree to all conditions. Pltfs may not depose or "conduct a survey" of the medical personnel at EOCI unless defts agree to the depos or surveys. Pltfs are not entitled to depose another Norman team member. Further, the s/j hrg on 7/9/90 will be at 9am by telephone [79 & 93]. ntfd Honorable James A. Redden (former employee) (Entered: 06/29/1990)

Defts' submission of orig. signed & notarized affidvts in support of defts' reply to pltfs' response to mot for s/j & in response to pltfs' mot for preliminary inj. (former employee) Modified on 07/09/1990 (Entered: 07/09/1990)

Affidavit of Charles Edgar Johnston, M.D.notarized in support of defts' reply to pltfs' response to mot for s/j. (former employee) (Entered: 07/11/1990)

RECORD OF ord t/arg set for 7/9 is reset to 7/30/90 at 9:30am. , ntfd Honorable James A. Redden (former employee) (Entered: 07/17/1990)

2nd AMENDED COMPLAINT-injunctive relief. (former employee) (Entered: 07/18/1990)

RECORD OF t/hrg. on defts' mot for s/j [79-1 & 93-1]. ORD taking u/advise. ntfd Honorable James A. Redden (former employee) (Entered: 07/30/1990)

Opinion Defts summary judgment motions is denied in part and granted in part. summary judgment is granted as to paragraph 10 in its entirety, the claims contained in the first two sentences of paragraph 12 (leaving the third claim in the third sentence of that paragraph to be tried, and paragraph 15 in its entirety. Pltfs' motion for preliminary injunction is denied as moot. Signed 8/1/90 Honorable James A. Redden (cpriestley) (Entered: 08/02/1990)

ORDER granting motion for summary judgment against amended complt [79-1]. Preliminary Injunction is denied as moot. Signed 8/1/90 Honorable James A. Redden (cpriestley) (Entered: 08/02/1990)

RECORD OF ORDER: Scheduling telephone conference re: trail procedures on Wednesday, 8/15/90 at 8:15 a.m. , ntfd Honorable Owen M. Panner (Neal) (Entered: 08/10/1990)

MOTION by plaintiffs' for reconsideration of order & opinion of 8/1/90 #134 (former employee) (Entered: 08/15/1990)

RECORD OF t/conf. Trial will be held in Pendleton the week of 9/17. PTC is rescheduled to 9/7/90 at 8:30am. All pretrial materials are due 9/4/90. At the ptc, parties to advise the court & each other which witnesses need to be cross-exam. , ORD Case reassigned to Honorable Owen M. Panner for all further proceedings. , ntfd Honorable Owen M. Panner (former employee) (Entered: 08/15/1990)

ORDER establishing trial & ptc dates & procedures (see file). ntfd Signed 8/15/90 Honorable Owen M. Panner (former employee) (Entered: 08/15/1990)

RECORD OF ord granting pltf's motion for reconsideration of order & opinion of 8/1/90 [134-1] . Defts' mot for s/j is denied as to paragraph 10 of pltfs' amended complt. I find that a genuine issue of material facts exists. Fed. R. Civ. P. 56(C). ntfd Honorable James Redden (former employee) (Entered: 08/17/1990)

Witness list submitted by plaintiff (former employee) (Entered: 09/04/1990)

Pltfs' exhibit list (former employee) (Entered: 09/04/1990)

Pltfs' impeachment exhibit list (former employee) (Entered: 09/04/1990)

Pltfs' depo list. (former employee) (Entered: 09/04/1990)

Trial brief submitted by plaintiff (former employee) (Entered: 09/04/1990)

Pltfs' expert witness list. (former employee) (Entered: 09/04/1990)

Witness list submitted by defendants (former employee) (Entered: 09/05/1990)

Defts' witness statements. (former employee) (Entered: 09/05/1990)

Trial brief submitted by defendants' (former employee) (Entered: 09/05/1990)

Exhibit list by defendants' (former employee) (Entered: 09/05/1990)

Defts' impeachment testimony. (former employee) (Entered: 09/05/1990)

Proposed PRETRIAL ORDER by Pltf (former employee) (Entered: 09/06/1990)

Transcript of proceedings had 9/7/90 before the Honorable Owen M. Panner filed (former employee) (Entered: 09/10/1990)

MOTION by defendants' for clarification that first phase of trial willbe by jury #151 exp. consid. req. (former employee) (Entered: 09/10/1990)

RESPONSE - MOTION by plaintiff for jury trial [152-1] (Neal) (Entered: 09/13/1990)

Amended Witness list submitted by defendant (Neal) (Entered: 09/13/1990)

Objections by defendant to plaintiff's exhibits and depositions (Neal) (Entered: 09/13/1990)