Case: Sundstrom and Fields v. Frank

2:06-cv-00112 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Jan. 24, 2006

Case Ongoing

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Case Summary

On January 24, 2006, several transgender state prisoners in Wisconsin state prisons filed a complaint in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. The Plaintiffs sought declaratory and injunctive relief to redress Defendants' violations of their rights under the Eighth and Fourteenth Amendments to the United States Constitution. Plaintiffs were represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., the ACLU Foundation, Inc., t…

Plaintiffs claim violation of the Constitution in enforcing "2005 Wisconsin Act 105," a recent state statute that barred use of state tax money for hormone therapy or sex reassignment surgery for prison inmates and others in state custody. Plaintiffs stated that Defendants' enforcement of the statute abruptly terminated and deprived them of medical treatment for their serious health conditions related to "Gender Identity Disorder," with no exercise whatsoever of individualized medical judgment and in contrast to the treatment Defendants provided to other similarly situated inmates at Wisconsin Department of Corrections ("DOC") facilities. Plaintiffs sought injunctive relief to end the violation of their equal protection rights and to be free from cruel and unusual punishment, pursuant to the Fourteenth and Eighth Amendments to the U.S. Constitution, and a declaration that "2005 Wisconsin Act 105" is unconstitutional on its face.

On January 27, 2006, the Court (District Judge Charles N. Clevert, Jr.), granted a preliminary injunction in response to Plaintiffs' emergency request. He directed Defendants to resume hormone therapy to Plaintiffs at the level provided prior to reduced dosages given by Defendants in anticipation of full compliance with the statute. Judge Clevert denied Plaintiffs' motion for a temporary restraining order, finding that such an order was unneeded since the state had been able to participate in the emergency proceedings, which were held by telephone. Discovery and pretrial proceedings ensued in the following months.

Plaintiffs were also successful on July 12, 2007, when their motion for a refund of filing fees was granted. Their counsel had earlier paid filing fees on behalf of each plaintiff as they were added to the case via amended complaints, but counsel later concluded that the Prison Litigation Reform Act's provision for payment of filing fees per litigant did not govern this case. Judge Clevert agreed in an unpublished order stating that, under the plain language of the statute, only prisoners seeking to proceed in forma pauperis are required to pay filing fees individually. These plaintiffs never moved for such status, so the standard rule of one fee per lawsuit applied, according to the judge.

Plaintiffs' motion to have their case certified as a class action was denied by Judge Clevert on February 16, 2007. Later, Judge Clevert also denied Plaintiffs' motion to file a Fourth Amended Complaint, and their motion to reconsider certification of modified class definition.

On October 15, 2007, Judge Clevert granted in part and denied in part Defendants' motion for partial summary judgment.

On March 31, 2010, in a related case, Fields v. Smith, Judge Clevert issued an order declaring Wis. Stat. § 302.386(5m) unconstitutional and enjoined the enforcement of the statute. The court concluded that Defendants' application of Wis. Stat. § 302.386(5m) constituted deliberate indifference to Plaintiff's serious medical needs in violation of the Eighth Amendment inasmuch as enforcement of the statute results in the denial of hormone therapy without regard for the individual medical needs of inmates and the medical judgment of their health care providers. The court further found Wis. Stat. § 302.386(5m) unconstitutional on its face under the Eighth Amendment because it bans the use of any Wisconsin State resources or federal funds passing through the government to provide hormone therapy and, thereby, requires the withdrawal of any such ongoing hormone therapy for inmates in DOC facilities without regard for the medical need for that treatment. The court further found that Wis. Stat. § 302.386(5m) prevents DOC medical personnel from evaluating inmates for treatment because such evaluation would be futile in light of the statute's ban on such hormone therapy. Furthermore, the application of Wis. Stat. § 302.386(5m) violates Plaintiffs' constitutional right to equal protection because there is no rational basis for treating Plaintiffs differently than similarly situated inmates. A Memorandum Decision was issued on May 13, 2010.

Defendants appealed the case to the Seventh Circuit. The case was heard and taken under advisement by panel on February 07, 2011.

On August 5, 2011, the Seventh Circuit Court of Appeals (Judges Rovner, Wood and Gottschall) affirmed the judgment of the District Court, ruling that the 2005 Wisconsin law violates the constitution, and striking it down in its entirety.

On March 26, the U.S. Supreme Court declined to take the case, leaving the 7th Circuit Court's decision standing.

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Summary Authors

Xin Chen (5/22/2011)

Gotti v. Raemisch, Eastern District of Wisconsin (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4412461/parties/sundstrom-v-frank/

Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Gottschall, Joan B. (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorneys(s) for Defendant

Burkert Brist, Monica A. (Wisconsin)

Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Gottschall, Joan B. (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorneys(s) for Defendant

Burkert Brist, Monica A. (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Potts, Abigail CS (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:06-cv-00112	Docket Sundstrom v. Frank	Jan. 10, 2011	Jan. 10, 2011 Docket
1 2:06-cv-00112	Complaint for Declaratory and Injunctive Relief Sundstrom v. Frank	Jan. 24, 2006	Jan. 24, 2006 Complaint
2:06-cv-00112	Order Denying Motion for Temporary Restraining Order and Granting Motion for Preliminary Injunction Barring Defendants From Withdrawing Plaintiffs' Hormonal Therapy Sundstrom v. Frank	Jan. 27, 2006	Jan. 27, 2006 Order/Opinion
8 2:06-cv-00112	First Amended Complaint for Declaratory and Injunctive Relief Sundstrom v. Frank	Jan. 27, 2006	Jan. 27, 2006 Complaint
55 2:06-cv-00112	Second Amended Complaint for Declaratory and Injunctive Relief Sundstrom v. Frank	June 27, 2006	June 27, 2006 Complaint
70 2:06-cv-00112	Order Granting Request for Refund of Fees Sundstrom v. Frank	July 12, 2006	July 12, 2006 Order/Opinion
91-2 2:06-cv-00112	Third Amended Complaint for Declaratory and Injunctive Relief Sundstrom v. Frank	Dec. 18, 2006	Dec. 18, 2006 Complaint
102 2:06-cv-00112	Order Denying Plaintiff's Motion for Class Certification Sundstrom v. Frank	Feb. 16, 2007	Feb. 16, 2007 Order/Opinion
121 2:06-cv-00112	Defendants’ Brief in Support of Defendants' Motion for Partial Summary Judgment Sundstrom v. Frank	July 31, 2007	July 31, 2007 Pleading / Motion / Brief
131 2:06-cv-00112	Order Denying Motion for Leave to Amend and Denying Motion to Reconsider Certification of Modified Class Definition Sundstrom v. Frank	Aug. 7, 2007	Aug. 7, 2007 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4412461/sundstrom-v-frank/

Last updated May 31, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Summons(es) Issued) against Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD filed by Kari Sundstrom, Andrea Fields. Consent forms distributed for Magistrate Judge Patricia J Gorence (Filing fee pd $ 500) .(kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
2	CERTIFICATE of Interest by Kari Sundstrom, Andrea Fields. (kah, ) Document added on 1/31/2006 (bet) (Entered: 01/25/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
3	Emergency MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction Enjoining Defts From Reducing or Terminating Pltfs Hormone Therapy by Kari Sundstrom, Andrea Fields. (kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
4	BRIEF in Support re 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by all plaintiffs. (kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
5	DECLARATION of Laurence Dupuis - EXHIBITS AVAILABLE IN PAPER FORMAT ONLY (kah) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)	Jan. 24, 2006	Jan. 24, 2006 PACER
6	NOTICE of Appearance by Francis X Sullivan, Jody J Schmelzer on behalf of Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (kah, ) Document added on 1/31/2006 (bet)	Jan. 27, 2006	Jan. 27, 2006 PACER
7	PDF Document Requirement form sent to Jody J. Schmelzer regarding Notice of Appearance and Certificate of Service filed on 1/27/06. (kah, )	Jan. 27, 2006	Jan. 27, 2006 PACER
8	AMENDED COMPLAINT against all defendants filed by Lindsey Blackwell.(Dupuis, Laurence)	Jan. 27, 2006	Jan. 27, 2006 PACER
9	LETTER from Laurence Dupuis (Dupuis, Laurence)	Jan. 27, 2006	Jan. 27, 2006 PACER
10	ORDER Denying Pltfs' Motion 3 for TRO and Granting Motion 3 for Preliminary Injunction Barring Defs. from Withdrawing Pltfs' Hormonal Therapy. Pltfs' hormonal therapy should return to the level that was in effect prior to the 1/12/06 reduction. Court schedules full hearing on Pltfs' Motion for PI on 8/24/06 at 8:30 AM, in Courtroom 222.((kwb), C. N. Clevert, Jr.) (Entered: 01/30/2006)	Jan. 27, 2006	Jan. 27, 2006 RECAP
	Set Hearings: PI Hearing set for 8/24/06 at 8:30 AM in Courtroom 222 before Judge Clevert.((kwb), C. N. Clevert, Jr.)	Jan. 27, 2006	Jan. 27, 2006 PACER
	MINUTES: Telephonic Hearing held on 1/25/06 re Pltfs' Emergency Motion for TRO and Preliminary Injunction. SEE Order. (Tape # 3:06:08 to 3:43:56 -- Court Reporter Cindy Bohman) ((kwb), C. N. Clevert, Jr.)	Jan. 30, 2006	Jan. 30, 2006 PACER
	FILING FEE Received for additional pltf: $ 250.00, receipt number 102-118168. (kah, )	Jan. 30, 2006	Jan. 30, 2006 PACER
11	NOTICE of Appearance by Erik R Guenther on behalf of all plaintiffs. Attorney(s) appearing: Erik R. Guenther (Hurley, Burish & Stanton, S.C.) (Guenther, Erik)	Feb. 1, 2006	Feb. 1, 2006 PACER
12	CERTIFICATE of Interest by all plaintiffs. (Guenther, Erik)	Feb. 1, 2006	Feb. 1, 2006 PACER
13	ORDER EXTENDING PRELIMINARY INJUNCTION barring defendants from withdrawing hormonal therapy to plaintiff Lindsey Blackwell signed by Judge Charles N Clevert Jr on 2/3/2006. (cc: all counsel)((mj), C. N. CLEVERT, JR.)	Feb. 3, 2006	Feb. 3, 2006 RECAP
14	Refusal to Jurisdiction by US Magistrate Judge by all plaintiffs (Dupuis, Laurence)	Feb. 3, 2006	Feb. 3, 2006 PACER
15	DECLARATION of Kari Sundstrom with declarant's signature (Dupuis, Laurence)	Feb. 8, 2006	Feb. 8, 2006 PACER
16	DECLARATION of Andrea Fields with declarant's signature (Dupuis, Laurence)	Feb. 8, 2006	Feb. 8, 2006 PACER
17	LETTER from Laurence Dupuis regarding request for partial refund of filing fees (Dupuis, Laurence)	Feb. 10, 2006	Feb. 10, 2006 PACER
18	ANSWER to Amended Complaint by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren.(Schmelzer, Jody)	Feb. 13, 2006	Feb. 13, 2006 PACER
19	LETTER from Laurence Dupuis Cover Letter transmitting filings (Dupuis, Laurence)	March 20, 2006	March 20, 2006 PACER
20	JOINT REPORT of Rule 26(f) Plan by all parties (Dupuis, Laurence)	March 20, 2006	March 20, 2006 PACER
21	TO BE REFILED; Joint MOTION Consolidate Preliminary Injunction Hearing with Trial on Merits; New Trial Date; Extend Temporary Injunction by all plaintiffs. (Dupuis, Laurence) Modified on 3/22/2006 (kah, ).	March 20, 2006	March 20, 2006 PACER
22	STIPULATION to Extend Temporary Injunction Maintaining Hormone Therapy Until Trial by all parties (Dupuis, Laurence)	March 20, 2006	March 20, 2006 PACER
23	CERTIFICATE OF SERVICE by all plaintiffs (Dupuis, Laurence)	March 20, 2006	March 20, 2006 PACER
24	REFILED; SEE DOC. 27 - AMENDED DOCUMENT by all plaintiffs. Amended Joint Motion to Consolidate Preliminary Injunction Hearing with Trial on Merits; for New Trial Date; to Extend Temporary Injunction [Corrected Version of Doc. #21] (Dupuis, Laurence) Modified on 3/22/2006 (kah, ).	March 20, 2006	March 20, 2006 PACER
25	CERTIFICATE OF SERVICE by all plaintiffs Service of Amended Motion to Consolidate Preliminary Injunction Hearing with Trial on Merits, etc (Dupuis, Laurence)	March 20, 2006	March 20, 2006 PACER
26	Docket Annotation asking Atty Dupuis to refile doc. 21/24. (kah, )	March 21, 2006	March 21, 2006 PACER
27	Joint MOTION for Order Consolidating Prelim Injunction Hearing with Trial on Merits, Amended MOTION to Reset Trial Date, Joint MOTION to Extend Temporary Injunction by all plaintiffs. (Dupuis, Laurence)	March 21, 2006	March 21, 2006 PACER
28	Joint MOTION for Protective Order by all parties. (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Dupuis, Laurence) 2 Text of Proposed Order Agreed Protective Order View on PACER	April 10, 2006	April 10, 2006 PACER
32	Document Sealed as to Plaintiffs Lindsey Blackwell, Kari Sundstrom, Andrea Fields re: unredacted version of doc 28 . (kah, ) (Entered: 04/11/2006)	April 10, 2006	April 10, 2006 PACER
29	Joint MOTION for Leave to File Under Seal Unredacted Motion for Protective Order by all parties. (Dupuis, Laurence)	April 11, 2006	April 11, 2006 PACER
30	CERTIFICATE OF SERVICE by all plaintiffs Service of Motion for Protective Order and Proposed Order (Dupuis, Laurence)	April 11, 2006	April 11, 2006 PACER
31	CERTIFICATE OF SERVICE by all plaintiffs Service of Motion for Leave to File Under Seal Unredacted Motion for Protective Order (Dupuis, Laurence)	April 11, 2006	April 11, 2006 PACER
34	AGREED PROTECTIVE ORDER signed by Judge Charles N Clevert Jr on 4/11/06. (cc: all counsel)(kah, ) (Entered: 04/12/2006)	April 11, 2006	April 11, 2006 PACER
33	LETTER from Cole Thaler re: Address Change (Thaler, Cole)	April 12, 2006	April 12, 2006 PACER
35	First MOTION to Certify Class by all plaintiffs. (Thaler, Cole)	April 27, 2006	April 27, 2006 PACER
36	BRIEF in Support re 35 First MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Exhibit Authentication and Index# 2 Exhibit Exhibits A-H)(Thaler, Cole) 2 Exhibit Authentication and Index View on PACER 3 Exhibit Exhibits A-H View on PACER	April 27, 2006	April 27, 2006 PACER
37	First MOTION to Amend/Correct First Amended Complaint by all plaintiffs. (Attachments: # 1 Exhibit Exhibit A - Second Amended Complaint)(Thaler, Cole) 2 Exhibit Exhibit A - Second Amended Complaint View on PACER	April 27, 2006	April 27, 2006 PACER
38	CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)	April 27, 2006	April 27, 2006 PACER
39	CERTIFICATE by all plaintiffs Pursuant to Local Civil Rule 7.1(a) (Thaler, Cole)	April 27, 2006	April 27, 2006 PACER
40	ORDER signed by Judge Charles N Clevert Jr on 4/28/06 granting 29 Joint Motion for Leave to File under Seal Unredacted Motion for Entry of Protective Order. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 05/01/2006)	April 28, 2006	April 28, 2006 PACER
41	ORDER granting 27 Amended Joint Motion for Consolidation of Preliminary Injunction Hearing with trial on the merits, new date for hearing/trial, and extension of preliminary injunction, and Order setting schedule signed by Judge Charles N Clevert Jr on 4/28/2006 . (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 05/01/2006)	April 28, 2006	April 28, 2006 PACER
	Set Deadlines/Hearings: Discovery due by 9/29/2006. (kah, )	May 1, 2006	May 1, 2006 PACER
	Set/Reset Scheduling Order: Defendant's opposing brief to motion for class certification is due 5/30/05; plaintiffs' reply due 6/13/2006. Plaintiffs Expert Witness List due by 6/30/2006. Defendants Expert Witness List due by 7/31/2006. Rebuttal expert diclsores are due 8/15/2006. Final Pretrial Conference set for 12/14/2006 09:00 AM in Courtroom 222 before Judge Charles N Clevert Jr. Motions in limine due 11/10/2006. Final/Joint Pretrial Report, proposed voir dire and jury instructions due by 12/4/2006. Jury Trial set for 1/8/2007 08:30 AM in Courtroom 222 before Judge Charles N Clevert Jr. Dispositive Motions due by 8/29/2006; filings in opposition due 9/29/2006; and any replys are due 10/16/06. ((mj), C. N. CLEVERT, JR.) Modified on 5/10/2006 - reply date corrected to 10/16/06. (kmf, ).	May 1, 2006	May 1, 2006 PACER
42	RESPONSE to Motion re 35 First MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (Schmelzer, Jody)	May 30, 2006	May 30, 2006 PACER
43	AFFIDAVIT of Francis X. Sullivan (Schmelzer, Jody)	May 30, 2006	May 30, 2006 PACER
44	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)	May 30, 2006	May 30, 2006 PACER
45	AFFIDAVIT of Francis X. Sullivan with Exhibit A (Attachments: # 1)(Schmelzer, Jody) 2 Exhibit View on PACER	May 31, 2006	May 31, 2006 PACER
46	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)	May 31, 2006	May 31, 2006 PACER
47	Signed AFFIDAVIT of Francis X. Sullivan (Schmelzer, Jody)	May 31, 2006	May 31, 2006 PACER
48	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD of signed Affidavit of Francis X. Sullivan (Schmelzer, Jody)	May 31, 2006	May 31, 2006 PACER
49	Joint MOTION for Extension of Time Modifying Briefing Schedule by all parties. (Attachments: # 1 Text of Proposed Order Order Enlarging Time and Modifying Briefing Schedule)(Dupuis, Laurence) 2 Text of Proposed Order Order Enlarging Time and Modifying Briefing Schedule View on PACER	June 5, 2006	June 5, 2006 PACER
50	STIPULATION for Enlargement of Time & Modification of Briefing Schedule by all parties (Dupuis, Laurence)	June 5, 2006	June 5, 2006 PACER
51	CERTIFICATE OF SERVICE by all plaintiffs (Dupuis, Laurence)	June 5, 2006	June 5, 2006 PACER
52	ORDER signed by Judge Charles N Clevert Jr on 6/9/06 granting 49 parties' joint motion for modification of the briefing schedule. Plaintiffs' reply brief and supporting papers in support of their motion for class certification is due 7/14/2006. (cc: all counsel) (C N Clevert, Jr)	June 9, 2006	June 9, 2006 PACER
53	Emergency MOTION for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Matthew Davison, a/k/a Jassica Davison's Hormone Therapy by all plaintiffs. (Knight, John)	June 27, 2006	June 27, 2006 PACER
54	BRIEF in Support re 53 Emergency MOTION for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Matthew Davison, a/k/a Jassica Davison's Hormone Therapy filed by all plaintiffs. (Attachments: # 1 Declaration of John A. Knight# 2 Exhibit Exhibits A and B to Knight Declaration# 3 Exhibit Exhibit C-1 to Knight Declaration# 4 Exhibit Exhibit C-2 to Knight Declaration# 5 Exhibit Exhibits D and E - Knight Declaration)(Knight, John) 2 Declaration of John A. Knight View on PACER 3 Exhibit Exhibits A and B to Knight Declaration View on PACER 4 Exhibit Exhibit C-1 to Knight Declaration View on PACER 5 Exhibit Exhibit C-2 to Knight Declaration View on PACER 6 Exhibit Exhibits D and E - Knight Declaration View on PACER	June 27, 2006	June 27, 2006 PACER
55	MOTION to Amend/Correct Complaint by all plaintiffs. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Knight, John) 2 Exhibit A - Second Amended Complaint View on PACER	June 27, 2006	June 27, 2006 PACER
56	BRIEF in Support re 55 MOTION to Amend/Correct Complaint filed by all plaintiffs. (Knight, John)	June 27, 2006	June 27, 2006 PACER
57	CERTIFICATE OF SERVICE by all plaintiffs (Knight, John)	June 27, 2006	June 27, 2006 PACER
58	STIPULATION to the addition of plaintiff Matthew Davison, a/k/a Jessica Davison, and the extension of preliminary injunctive relief to her by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Knight, John) 2 Text of Proposed Order View on PACER	June 28, 2006	June 28, 2006 PACER
59	CERTIFICATE OF SERVICE by all plaintiffs (Knight, John)	June 28, 2006	June 28, 2006 PACER
61	SECOND AMENDED COMPLAINT against all defendants filed by all pltfs; party Matthew Davison added.(kah, ) Modified on 6/29/2006 (kah, ). (Entered: 06/29/2006)	June 28, 2006	June 28, 2006 PACER
60	Docket Annotation to Atty Knight re: doc. 58. (kah, )	June 29, 2006	June 29, 2006 PACER
62	ORDER GRANTING MOTION [#53] for Preliminary Injunction as to Plaintiff Matthew Davison, a/k/a Jessica Davison; and pursuant to the filing of the Second Amended Complaint on 6/28/06. the Court terminates as moot Plaintiffs' Motion [#37] to Amend/Correct the First Amended Complaint.((kwb), C. N. Clevert, Jr.) Modified on 6/30/2006 (kmm, ).	June 30, 2006	June 30, 2006 PACER
63	Defendants' ANSWER to Amended Complaint and Affirmative Defenses for Declaratory and Injunctive Relief by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD.(Schmelzer, Jody)	July 12, 2006	July 12, 2006 PACER
64	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)	July 12, 2006	July 12, 2006 PACER
65	TO BE REFILED - MOTION to Compel Discovery & for Enlargement of Time by all plaintiffs. (Thaler, Cole) Modified on 7/13/2006 (kah, ).	July 12, 2006	July 12, 2006 PACER
66	BRIEF in Support re 73 MOTION to Compel Discovery & for Enlargement of Time filed by all plaintiffs. (Thaler, Cole) Modified link on 7/13/2006 (kah, ).	July 12, 2006	July 12, 2006 PACER
67	DECLARATION of John Knight (Attachments: # 1 Exhibit A - I)(Thaler, Cole) 2 Exhibit A - I View on PACER	July 12, 2006	July 12, 2006 PACER
68	STIPULATION to Modification of Scheduling Order by all parties (Thaler, Cole)	July 12, 2006	July 12, 2006 PACER
69	LETTER from Plaintiffs' Counsel (Thaler, Cole)	July 12, 2006	July 12, 2006 PACER
70	ORDER Granting Request for Refund of Fees signed by Judge Charles N Clevert Jr on 7/12/2006. (cc: all counsel)((mj), C. N. CLEVERT, JR.)	July 12, 2006	July 12, 2006 PACER
71	CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)	July 12, 2006	July 12, 2006 PACER
72	Docket Annotation asking Atty Thaler to refile doc. 65. (kah, )	July 13, 2006	July 13, 2006 PACER
73	MOTION to Compel Discovery, MOTION for Extension of Time by all plaintiffs. (Thaler, Cole)	July 13, 2006	July 13, 2006 PACER
74	ORDER signed by Judge Charles N Clevert Jr on 7/14/2006 granting 73 Motion for Extension of Time . (cc: all counsel) ((mj), C. N. CLEVERT, JR.)	July 14, 2006	July 14, 2006 PACER
75	RESPONSE to Motion re 73 MOTION to Compel Discovery MOTION for Extension of Time In Opposition filed by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (Schmelzer, Jody)	July 26, 2006	July 26, 2006 PACER
76	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)	July 26, 2006	July 26, 2006 PACER
77	MOTION to Strike Defendants' Demand for a Jury Trial by all plaintiffs. (Knight, John)	Aug. 1, 2006	Aug. 1, 2006 PACER
78	BRIEF in Support re 77 MOTION to Strike Defendants' Demand for a Jury Trial filed by all plaintiffs. (Knight, John)	Aug. 1, 2006	Aug. 1, 2006 PACER
79	REPLY BRIEF in Support re 73 MOTION to Compel Discovery MOTION for Extension of Time filed by all plaintiffs. (Attachments: # 1 Exhibit A-B)(Thaler, Cole) Modified to fix event on 8/3/2006 (kah, ). 2 Exhibit A-B View on PACER	Aug. 2, 2006	Aug. 2, 2006 PACER
80	MOTION to File Redacted Documents by all plaintiffs. (Thaler, Cole)	Aug. 2, 2006	Aug. 2, 2006 PACER
81	CERTIFICATE by all plaintiffs Pursuant to Local Rule 7.1 (Thaler, Cole)	Aug. 2, 2006	Aug. 2, 2006 PACER
82	CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)	Aug. 2, 2006	Aug. 2, 2006 PACER
83	Docket Annotation to Atty Thaler re: doc. 79. (kah, )	Aug. 3, 2006	Aug. 3, 2006 PACER
84	LETTER from Jody J. Schmelzer in response to plaintiffs' Motion To Strike Defendants' Demand for Jury Trial. (Schmelzer, Jody)	Sept. 1, 2006	Sept. 1, 2006 PACER
85	MOTION for Order re Defendants' Motion To Impanel An Advisory Jury For Trial by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren. (Schmelzer, Jody)	Sept. 1, 2006	Sept. 1, 2006 PACER
86	CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren (Schmelzer, Jody)	Sept. 1, 2006	Sept. 1, 2006 PACER
87	BRIEF in Opposition filed by all plaintiffs re 85 MOTION for Order re Defendants' Motion To Impanel An Advisory Jury For Trial. (Knight, John)	Sept. 15, 2006	Sept. 15, 2006 PACER
88	NOTICE of Hearing on 73 MOTION to Compel Discovery. Motion Hearing set for 12/6/2006 11:00 AM in Courtroom 222 before Judge Charles N Clevert Jr. ((mj), C. N. CLEVERT, JR.)	Nov. 3, 2006	Nov. 3, 2006 PACER
89	ORDER signed by Judge Charles N Clevert Jr on 11/7/06 granting 77 Motion to Strike Defendant's Demand for a Jury Trial ; denying 85 Motion to Impanel an Advisory Jury for Trial. (cc: all counsel) ((mj), C. N. CLEVERT, JR.)	Nov. 7, 2006	Nov. 7, 2006 PACER
90	Minute Order. Motion Hearing held on 12/6/2006 before Judge Charles N Clevert Jr: denying 73 Motion to Compel; Reply brief on motion for Class Certification due 1/30/2007;Discovery due by 4/6/2007; Telephone Conference set for 2/16/2007 10:30 AM before Judge Charles N Clevert Jr. (Tape #11:26:49 - 12:16:55.) ((mj), C. N. CLEVERT, JR.) (Entered: 12/08/2006)	Dec. 6, 2006	Dec. 6, 2006 PACER
91	MOTION for Amendment of Complaint to Add Plaintiff Vankemah Moaton, and for Extension of Preliminary Injunctive Relief to Her by all plaintiffs. (Attachments: # 1 Exhibit Third Amended Complaint# 2 Text of Proposed Order)(Thaler, Cole) 2 Exhibit Third Amended Complaint View on PACER 3 Text of Proposed Order View on PACER	Dec. 18, 2006	Dec. 18, 2006 PACER
92	STIPULATION to the Addition of Plaintiff Vankemah Moaton, and to the Extension of Preliminary Injunctive Relief to Her by all parties. (Thaler, Cole)	Dec. 18, 2006	Dec. 18, 2006 PACER
93	CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)	Dec. 18, 2006	Dec. 18, 2006 PACER
94	ORDER signed by Judge Charles N Clevert Jr on 12/21/06 granting 91 Motion for Amendment of Complaint to Add Plaintiff Vankemah Moaton and for Extension of Preliminary Injunctive Relief. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 12/22/2006)	Dec. 21, 2006	Dec. 21, 2006 PACER
95	THIRD AMENDED COMPLAINT against all defendants filed by all pltfs; added pltf Vankemah D Moaton. (kah) Modified filers on 12/26/2006 (kah). (Entered: 12/26/2006)	Dec. 21, 2006	Dec. 21, 2006 PACER