Case: Disability Law Center v. Massachusetts Department of Correction

Disability Law Center, Inc. v. Massachusetts Department of Corrections,e al.

Disability Law Center vs. Massachusetts Department of Correction

United States Courts

COMPLAINT against all defendants Filing fee: $ 350, receipt number 1436766, filed by Disability Law Center, Inc.. (Attachments: # 1 Civil Cover Sheet Cover Sheet + Attachments (Guizzetti, Cynthia) Modified on 3/8/2007 (Patch, Christine). (Entered: 03/08/2007)

2 Civil Cover Sheet Cover Sheet + Attachments

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CORPORATE DISCLOSURE STATEMENT by Disability Law Center, Inc.. (Patch, Christine) (Entered: 03/08/2007)

NOTICE of Appearance by Robert B. Baker on behalf of Disability Law Center, Inc. (Baker, Robert) (Entered: 03/08/2007)

NOTICE of Appearance by Richard M. Glassman on behalf of Disability Law Center, Inc. (Glassman, Richard) (Entered: 03/08/2007)

NOTICE of Appearance by Nancy J. Svirida on behalf of Disability Law Center, Inc. (Svirida, Nancy) (Entered: 03/08/2007)

NOTICE of Appearance by Robert D. Fleischner on behalf of Disability Law Center, Inc. (Fleischner, Robert) (Entered: 03/09/2007)

NOTICE of Appearance by Sheryl F. Grant on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Grant, Sheryl) (Entered: 03/15/2007)

NOTICE of Appearance by William D. Saltzman on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Saltzman, William) (Entered: 03/16/2007)

WAIVER OF SERVICE Returned Executed Veronica Madden waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

WAIVER OF SERVICE Returned Executed Timothy Hall waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

WAIVER OF SERVICE Returned Executed John Jr. Marshall waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/20/2007)

WAIVER OF SERVICE Returned Executed Kathleen Dennehy waiver sent on 3/8/2007, answer due 5/7/2007. (Guizzetti, Cynthia) (Entered: 03/21/2007)

STIPULATION For Entry of a Protective Order For The Protection of Confidential Information by Disability Law Center, Inc.. (Attachments: # 1 Text of Proposed Order)(Baker, Robert) (Entered: 03/27/2007)

2 Text of Proposed Order

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NOTICE of Appearance by Charles W. Anderson, Jr on behalf of Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall (Anderson, Charles) (Entered: 03/28/2007)

Judge Mark L. Wolf : PROTECTIVE ORDER entered. (O'Leary, Dennis) (Entered: 04/09/2007)

NOTICE of Appearance by Karen O. Talley on behalf of Disability Law Center, Inc. (Talley, Karen) (Entered: 04/12/2007)

NOTICE of Appearance by Alison E. Hickey on behalf of Disability Law Center, Inc. (Hickey, Alison) (Entered: 05/04/2007)

ANSWER to Complaint by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 05/07/2007)

Letter/request (non-motion) from Disability Law Center, Inc. for Scheduling Conference. (Guizzetti, Cynthia) (Entered: 07/24/2007)

NOTICE of Scheduling ConferenceScheduling Conference set for 9/5/2007 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 07/30/2007)

MOTION to Intervene by Daniel LaPlante, FILED.(Boyce, Kathy) (Entered: 08/16/2007)

MEMORANDUM in Support re 21 MOTION to Intervene filed by Daniel LaPlante, FILED. (Boyce, Kathy) (Entered: 08/16/2007)

CERTIFICATE OF SERVICE by Daniel LaPlante re 23 Affidavit in Support of Motion, 22 Memorandum in Support of Motion, 21 MOTION to Intervene. (Boyce, Kathy) (Entered: 08/16/2007)

AFFIDAVIT of Daniel LaPlante in Support re 21 MOTION to Intervene filed by Daniel LaPlante. (Attachments: # 1 Letter to Martha Coakley)(Boyce, Kathy) (Entered: 08/16/2007)

2 Letter to Martha Coakley

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MEMORANDUM in Opposition re 21 MOTION to Intervene of Daniel LaPlante filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit A - Unpublished Decision# 2 Affidavit of Bradley Brockmann)(Guizzetti, Cynthia) (Entered: 08/24/2007)

2 Exhibit A - Unpublished Decision

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3 Affidavit of Bradley Brockmann

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Sealed Document. (O'Leary, Dennis) (Entered: 08/30/2007)

Sealed Document. (O'Leary, Dennis) (Entered: 08/30/2007)

JOINT STATEMENT re scheduling conference and Proposed Pretrial Schedule. (Guizzetti, Cynthia) (Entered: 09/04/2007)

MOTION for Leave to Appear Pro Hac Vice for admission of James S. Rollins Filing fee $ 50, receipt number 1652224. by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Declaration of James S. Rollins In Support of Motion for Admission Pro Hac Vice)(Guizzetti, Cynthia) (Entered: 09/04/2007)

2 Exhibit Declaration of James S. Rollins In Support of Motion for Admission Pro H

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RESPONSE to Motion re 21 MOTION to Intervene filed by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 09/05/2007)

NOTICE of Withdrawal of Appearance by Robert B. Baker (Baker, Robert) (Entered: 09/05/2007)

Judge Mark L. Wolf : ORDER entered denying 21 Motion to Intervene. For the reasons stated above, LaPlante's Motion to Intervene(Docket No. 21) is DENIED. (O'Leary, Dennis) (Entered: 09/06/2007)

Judge Mark L. Wolf : ORDER entered. SCHEDULING ORDER:Final Pretrial Conference set for 12/18/2008 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.,Status Conference set for 11/13/2008 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.,Amended Pleadings due by 12/7/2007.,Discovery to be completed by 9/30/2008.,,Jury Trial set for 1/5/2009 09:00 AM in Courtroom 10 before Chief Judge Mark L. Wolf.(O'Leary, Dennis) Additional attachment(s) added on 10/30/2007 (O'Leary, Dennis). (Entered: 09/07/2007)

MOTION to Withdraw Motion to Intervene, by Daniel LaPlante, FILED, c/s.(Boyce, Kathy) (Entered: 09/12/2007)

Certification Pursuant to Rule 16.1 of Certificate of Compliance with Local Rule 16.1 (D)(3). (Guizzetti, Cynthia) Text Modified on 9/20/2007 as incorrect event type selected when document was e-filed (Boyce, Kathy). (Entered: 09/11/2007)

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 09/20/2007)

Sealed Document. (Boyce, Kathy) (Entered: 11/30/2007)

Sealed Document. (Attachments: # 1 Attachment A)(Boyce, Kathy) (Entered: 01/23/2008)

MOTION for Order to Schedule Status Conference by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Attachments: # 1 Exhibit Plaintiff's Request for Production)(Saltzman, William) (Entered: 02/21/2008)

2 Exhibit Plaintiff's Request for Production

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RESPONSE to Motion re 39 MOTION for Order to Schedule Status Conference filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Exhibit A to Plaintiff's Response to Defendant's Motion for Status Conference, # 2 Exhibit Exhibit B to Plaintiff's Response to Defendant's Motion for Status Conference, # 3 Exhibit Exhibit C to Plaintiff's Response to Defendants' Motion for a Status Conference)(Hickey, Alison) (Entered: 02/26/2008)

2 Exhibit Exhibit A to Plaintiff's Response to Defendant's Motion for St

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3 Exhibit Exhibit B to Plaintiff's Response to Defendant's Motion for St

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4 Exhibit Exhibit C to Plaintiff's Response to Defendants' Motion for a

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NOTICE of Appearance by David Yamin on behalf of Disability Law Center, Inc. (Yamin, David) (Entered: 02/28/2008)

MOTION for Protective Order by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 03/04/2008)

Chief Judge Mark L. Wolf: ORDER entered. The court has considered Defendant's Motion for a Status Conference (the "Motion") and Plaintiff Disability Law Center, Inc.'s Partial Assent and Response to it. It is hereby ORDERED that: 1. The Motion (Docket No. 39) is ALLOWED. 2. A status and settlement conference shall be held on March21, 2008, at 11:00 a.m. Members of the executive staff of the Department of Corrections (the "DOC") may be present. The court will decide at the conference whether they should be excluded from any or all of the discussion. 3. The parties shall, by March 19, 2008, jointly submit an agenda for the conference, with a short statement of their respective positions on disputed issues.4. The court understands that no party intends to request the court's recusal based upon its effort to mediate a mutually acceptable settlement of this case. The parties shall in the March 19, 2009 submission confirm, correct, or clarify the court's understanding on this issue. 5. The DOC shall, by March 19, 2008, state whether Harold W. Clarke is now the Commissioner of the DOC and should, therefore, be substituted for any other party pursuant to Federal Rule of CivilProcedure 25(d). (O'Leary, Dennis) (Entered: 03/10/2008)

Opposition re 42 MOTION for Protective Order filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 03/13/2008)

MOTION for Extension of Time to July 1, 2008 to designate expert witnesses and exchange expert reports by Disability Law Center, Inc..(Hickey, Alison) (Entered: 03/13/2008)

RESPONSE to Motion re 45 MOTION for Extension of Time to July 1, 2008 to designate expert witnesses and exchange expert reports filed by Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 03/19/2008)

Joint MOTION to Seal Statement of Disputed Issues by Disability Law Center, Inc., Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Daniel LaPlante, Timothy Hall.(Guizzetti, Cynthia) (Entered: 03/19/2008)

JOINT STATEMENT of counsel In Accordance With The Court's March 10, 2008 Order. (Guizzetti, Cynthia) (Entered: 03/19/2008)

Sealed Document. (Boyce, Kathy) (Entered: 03/21/2008)

Clerk's Notes for proceedings held before Chief Judge Mark L. Wolf: Settlement Conference held on 3/21/2008. (Court Reporter: romanow.) (O'Leary, Dennis) (Entered: 03/21/2008)

Chief Judge Mark L. Wolf: ORDER entered. As stated at the conference on March 21, 2008, it is herebyORDERED that: 1. By April 4, 2008, the parties shall confer and jointlyreport regarding:... 2. If they have requested an April 22, 2008 conference with the court, the parties shall, by April 16, 2008, file a furtherreport on issues relating to settlement and discovery, including aproposed agenda for the conference. 3. Discovery is generally stayed... 4. Pursuant to Federal Rule of Civil Procedure 25(d), Harold W. Clarke, the new Commissioner of the DOC, is substituted for Kathleen Dennehy as a party to this action, and the caption will be amended to reflect this substitution.(O'Leary, Dennis) (Entered: 03/21/2008)

NOTICE of Appearance by James R. Pingeon on behalf of Disability Law Center, Inc. (Pingeon, James) (Entered: 03/31/2008)

JOINT STATEMENT of counsel In Accordance With The Court's March 21, 2008 Order. (Hickey, Alison) (Entered: 04/04/2008)

JOINT STATEMENT of counsel In Accordance With The Court's March 21, 2008 Order - CORRECTED. (Hickey, Alison) (Entered: 04/07/2008)

JOINT STATEMENT of counsel In Accordance With Court's March 21, 2008 Order. (Attachments: # 1 Exhibit DLC Short Term Document Requests)(Hickey, Alison) (Entered: 04/16/2008)

2 Exhibit DLC Short Term Document Requests

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Chief Judge Mark L. Wolf: ORDER entered. As stated at the conference on April 22, 2008, it is herebyORDERED that, by April 29, 2008, counsel for the parties shallconfer and submit, jointly if possible but individually ifnecessary, a proposed schedule for preparing this case for trialwhich addresses each relevant part of the attached, blankscheduling order and which will replace the September 7, 2007Order. (Attachments: # 1 Blank Schedulign Order)(O'Leary, Dennis) (Entered: 04/28/2008)

2 Blank Schedulign Order

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Joint MOTION to Modify Scheduling Order by Disability Law Center, Inc..(Guizzetti, Cynthia) (Entered: 04/29/2008)

NOTICE of Appearance by Bonita P. Tenneriello on behalf of Disability Law Center, Inc. (Tenneriello, Bonita) (Entered: 05/16/2008)

NOTICE of Change of Address or Firm Name by Cynthia M. Guizzetti (Guizzetti, Cynthia) (Entered: 05/22/2008)

JOINT STATEMENT of counsel and PLAINTIFF'S REQUEST to AMEND SCHEDULING ORDER. (Fleischner, Robert) (Entered: 06/18/2008)

MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena by Disability Law Center, Inc..(Hickey, Alison) (Entered: 07/31/2008)

MEMORANDUM in Support re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 07/31/2008)

AFFIDAVIT in Support re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hickey, Alison) (Entered: 07/31/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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MOTION for Extension of Time to 09/01/2008 to 09/01/2008, MOTION for Extension of Time to 09/01/2008 to Complete Discovery ( Responses due by 8/20/2008) by Massachusetts Department of Correction.(Bello, James) (Entered: 08/06/2008)

MOTION for Extension of Time to 09/01/2008 to Complete Discovery by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 08/06/2008)

RESPONSE to Motion re 65 MOTION for Extension of Time to 09/01/2008 to Complete Discovery, 64 MOTION for Extension of Time to 09/01/2008 to 09/01/2008 MOTION for Extension of Time to 09/01/2008 to Complete Discovery Notice of Assent to Motion filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 08/07/2008)

NOTICE of Appearance by Anthony E. Abeln on behalf of University of Massachusetts Correctional Health Program (Abeln, Anthony) (Entered: 08/08/2008)

JOINT STATEMENT of counsel for an Order Amending Scheduling Order. (Guizzetti, Cynthia) (Entered: 08/25/2008)

Joint MOTION for Extension of Time to 09/15/2008 to Complete Discovery on Plaintiff's Motion to Compel Production of Documents by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 09/02/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/02/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/09/2008)

Opposition re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by University of Massachusetts Correctional Health Program. (Attachments: # 1 Exhibit A)(Bello, James) (Entered: 09/15/2008)

2 Exhibit A

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MEMORANDUM in Opposition re 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena filed by University of Massachusetts Correctional Health Program. (Bello, James) (Entered: 09/15/2008)

MOTION to Stay Discovery by University of Massachusetts Correctional Health Program.(Bello, James) (Entered: 09/15/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 09/26/2008)

Opposition re 74 MOTION to Stay Discovery and limited assent thereto filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 09/29/2008)

AFFIDAVIT in Opposition re 74 MOTION to Stay Discovery of Alison E. Hickey, Esq. filed by Disability Law Center, Inc.. (Attachments: # 1 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Nancy Svirida, Esq. dated September 9, 2008, # 2 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Alison E. Hickey, Esq. dated September 12, 2008)(Hickey, Alison) (Entered: 09/29/2008)

2 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Nancy Svirida, Esq. dated

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3 Exhibit Letter from Charles W. Anderson, Jr., Esq. to Alison E. Hickey, Esq. dat

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Assented to MOTION for Leave to File Reply to Non-Party University of Massachusetts Correctional Health Program's Memorandum in Support of its Opposition to Plaintiff's Motion to Compel, docket no. 73 by Disability Law Center, Inc..(Hickey, Alison) (Entered: 09/30/2008)

NOTICE of Withdrawal of Appearance by Cynthia M. Guizzetti (Guizzetti, Cynthia) (Entered: 10/30/2008)

REPLY to Response to 61 MOTION to Compel Production of Documents by University of Massachusetts Correctional Health Program Pursuant to a Subpoena (Leave to file Reply granted on October 1, 2008) filed by Disability Law Center, Inc.. (Hickey, Alison) (Entered: 10/30/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 10/31/2008)

Letter/request (non-motion) from Robert Saunders requesting a copy of the complaint (Boyce, Kathy) (Entered: 11/05/2008)

Response by Disability Law Center, Inc. to Letter/Request (Non-Motion) of Robert Saunders. (Glassman, Richard) (Entered: 11/06/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 12/01/2008)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 01/06/2009)

JOINT STATEMENT of counsel. (Glassman, Richard) (Entered: 02/17/2009)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 03/19/2009)

Chief Judge Mark L. Wolf: ORDER entered. Therefore, it is hereby ORDERED that: 1. The Joint Motion to Modify Court's Pre-Trial Scheduling Order (Docket No. 57), and Plaintiff's Motion to Compel Production of Documents (Docket No. 61) are DENIED without prejudice. 2. Defendant's Motion for a Protective Order (Docket No. 42),and the University of Massachusetts Correctional Health Program's Motion to Stay Discovery (Docket No. 74) are ALLOWED without prejudice to reconsideration if requested. 3. The Joint Motion to Extend Time (Docket No. 69) is MOOT.4. The parties shall continue their discussions and, by May 1, 2009, report whether they have agreed to the terms of a settlement. 5. This case continues to be otherwise STAYED. (O'Leary, Dennis) (Entered: 03/24/2009)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 05/01/2009)

JOINT STATEMENT of counsel. (Hickey, Alison) (Entered: 05/15/2009)

Joint MOTION to Continue Settlement Conference to June 18, 2009 by Disability Law Center, Inc..(Hickey, Alison) (Entered: 05/26/2009)

Joint MOTION for Extension of Time to 6-10-07 to File Documents for the June 27, 2007 Settlement Conference by Harold W. Clarke, Disability Law Center, Inc., Massachusetts Department of Correction, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 06/01/2009)

MOTION for Order to Allow Plaintiff's Expert to Attend and Participate in the Settlement Conference by Disability Law Center, Inc..(Hickey, Alison) (Entered: 06/02/2009)

Opposition re 93 MOTION for Order to Allow Plaintiff's Expert to Attend and Participate in the Settlement Conference filed by Harold W. Clarke, Massachusetts Department of Correction, Kathleen Dennehy, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall. (Saltzman, William) (Entered: 06/09/2009)

MOTION to Seal Document by Harold W. Clarke, Massachusetts Department of Correction, James Bender, Veronica Madden, John Jr. Marshall, Timothy Hall.(Saltzman, William) (Entered: 06/10/2009)

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

SEALED MOTION (Boyce, Kathy) (Entered: 06/10/2009)

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)

Sealed Document. (Boyce, Kathy) (Entered: 06/10/2009)