Case: Garvey v. MacDonald

COMPLAINT against all defendants Filing fee: $ 350, receipt number 1462511, filed by Gregory Garvey, Sr.(Friedman, Howard) (Entered: 03/28/2007)

Civil Cover Sheet & Category Sheet re 1 Complaint by Gregory Garvey, Sr. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet# 2 Civil Cover Sheet Category Form)(Friedman, Howard) (Entered: 03/28/2007)

Case Assigned to Judge Kenneth P. Neiman. (Finn, Mary) (Entered: 03/28/2007)

Summons Issued as to Frederick B. MacDonald, Forbes Byron. (Finn, Mary) (Entered: 03/28/2007)

Remark - Magistrate Judge Consent Form to counsel. (Finn, Mary) (Entered: 03/28/2007)

Case Assigned to Judge Kenneth P. Neiman. (Finn, Mary)

Summons Issued as to Frederick B. MacDonald, Forbes Byron. (Finn, Mary)

Remark - Magistrate Judge Consent Form to counsel. (Finn, Mary)

WAIVER OF SERVICE Returned Executed Frederick B. MacDonald waiver sent on 4/5/2007, answer due 6/4/2007. (Friedman, Howard) (Entered: 04/30/2007)

WAIVER OF SERVICE Returned Executed Forbes Byron waiver sent on 4/4/2007, answer due 6/4/2007. (Friedman, Howard) (Entered: 04/30/2007)

ANSWER to Complaint by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 06/04/2007)

NOTICE of Scheduling Conference ISSUED, cc:cl. Initial Scheduling Conference set for 7/11/2007 at 10:00 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 certs by 7/5/07. (Healy, Bethaney) (Entered: 06/05/2007)

MOTION to Continue Scheduling Conference to Week of July 16, 2007 by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 06/14/2007)

Consent to Magistrate Judge Neiman's Standing Order. (Lindsay, Maurice) Additional attachment(s) added on 6/20/2007 (Lindsay, Maurice). (Entered: 06/18/2007)

Judge Kenneth P. Neiman : Electronic ORDER entered granting 7 Motion to Continue Scheduling Conference set for 7/17/2007 11:30 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman. (Stuckenbruck, John) (Entered: 06/18/2007)

Judge Kenneth P. Neiman : Electronic ORDER entered granting 7 Motion to Continue Scheduling Conference set for 7/17/2007 11:30 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman. (Stuckenbruck, John)

CONSENT to Jurisdiction by US Magistrate Judge by Gregory Garvey, Sr.. (Lindsay, Maurice) (Entered: 06/20/2007)

CERTIFICATION pursuant to Local Rule 16.1 Executed by Gregory Garvey, Sr.(Friedman, Howard) (Entered: 06/29/2007)

CERTIFICATION pursuant to Local Rule 16.1 by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 07/03/2007)

JOINT STATEMENT re scheduling conference. (Strayer, Kerry) (Entered: 07/03/2007)

Magistrate Judge Kenneth P. Neiman. SCHEDULING ORDER setting auto discl by 7/31/07; all discovery re: class cert compl by 1/15/08; P's motion for class cert filed by 3/14/08; Ds' opp to motion filed by 4/14/08, with P's reply by 4/28/08; Case Management Conference set for 5/13/2008 at 10:30 AM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman, ENTERED, cc:cl.(Healy, Bethaney) (Entered: 07/18/2007)

Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman. Counsel (Attys Friedman, Strayer) appear for Initial Scheduling Conference held on 7/17/2007. Colloquy re: status of case. Scheduling Order to issue. (Court Reporter FTR (11:30 a.m.).) (Healy, Bethaney)

NOTICE of Appearance by David Milton on behalf of Gregory Garvey, Sr (Milton, David) (Entered: 08/13/2007)

Joint MOTION for Protective Order by Gregory Garvey, Sr, Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 09/11/2007)

Magistrate Judge Kenneth P. Neiman. PROTECTIVE ORDER ENTERED, cc:cl(Healy, Bethaney) (Entered: 09/12/2007)

Judge Kenneth P. Neiman : Electronic ORDER entered granting 15 Joint Motion for Protective Order. Order to issue. (Neiman, Kenneth)

NOTICE of Withdrawal of Appearance by Jennifer L. Bills (Bills, Jennifer) (Entered: 11/29/2007)

MOTION to Certify Class by Gregory Garvey, Sr.(Milton, David) (Entered: 03/14/2008)

AFFIDAVIT of Howard Friedman in Support re 18 MOTION to Certify Class filed by Gregory Garvey, Sr. (Attachments: # 1 Exhibit Exhibit A)(Milton, David) (Entered: 03/14/2008)

AFFIDAVIT of David Milton in Support re 18 MOTION to Certify Class filed by Gregory Garvey, Sr. (Milton, David) (Entered: 03/14/2008)

MEMORANDUM in Support re 18 MOTION to Certify Class filed by Gregory Garvey, Sr. (Milton, David) (Entered: 03/14/2008)

RESPONSE to Motion re 18 MOTION to Certify Class filed by Frederick B. MacDonald, Forbes Byron. (Strayer, Kerry) (Entered: 04/14/2008)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered, in light of Defendants' Response, granting 18 Plaintiff's Motion to Certify Class; the class is defined as set forth in Plaintiff's motion. In addition, the court hereby appoints Plaintiff's counsel as class counsel and orders counsel to submit forthwith a proposed notice to the class pursuant to Rule 23(c)(2)(B). The May 13, 2008 case management conference shall go forward as scheduled at 10:30 a.m. So ordered. (Neiman, Kenneth)

MOTION Approve Class Notice by Gregory Garvey, Sr. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 05/08/2008)

Ch. Magistrate Judge Kenneth P. Neiman: ORDER entered. FURTHER SCHEDULING ORDER. Defts' to suppl. their automatic discl. as well as their resp.'s to intg's and req. for production by 7/15/2008. All remaining non-expert depos. to be compl. by 9/15/2008. P's motion for S/J, (or notice that no such motion will be filed) due 10/27/2008. Ds' opp. and any cross motion for S/J due 12/01/2008, with P's opp./reply due 12/22/2008; cc/cl. (Finn, Mary) (Entered: 05/13/2008)

Ch. Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 23 Motion to Approve Class Notice, cc:cl. Allowed, as discussed in open court this day. (Healy, Bethaney)

Electronic Clerk's Notes for proceedings held before Ch. Magistrate Judge Kenneth P. Neiman: Case Management Conference held on 5/13/2008. (Court Reporter: FTR (10:39).) (Healy, Bethaney)

MOTION for Extension of Time to 07-29-08 to Complete Discovery by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 07/11/2008)

MOTION for Extension of Time to 07/29/08 to Complete Discovery by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 07/14/2008)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered denying without prejudice 25 Defendants' Motion for Extension of Time to Complete Discovery, Defendants having failed to abide by the requirements of Local Rule 7.1(a)(2). (Neiman, Kenneth)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 26 Defendants' Motion for Extension of Time, subject to the terms agreed upon by the parties. So ordered. (Neiman, Kenneth)

Notice of correction to docket made by Court staff. The rule 26 Disclosure documents Dkt. No's. 27 & 28 has been deleted. Rule 26 Disclosure documents should only be shared among the parties, the filing of rule 26 disclosure documents with the court is not required. (Lindsay, Maurice)

Joint MOTION for Extension of Time to November 10, 2008 to Complete Discovery and to Modify Scheduling Order by Gregory Garvey, Sr, Frederick B. MacDonald, Forbes Byron.(Friedman, Howard) (Entered: 09/15/2008)

Ch. Magistrate Judge Kenneth P. Neiman: REVISED SCHEDULING ORDER: remaining discovery to be completed by 10/17/2008; P's motion for S/J due by 11/17/2008; Ds' opp and any cross-motion for S/J by 12/22/08; P's opp/reply by 1/12/09. There shall be no further extension. (order entered on docket late due to clerical error.)(Healy, Bethaney) (Entered: 10/02/2008)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 27 Motion for Extension of Time to Complete Discovery, cc:cl. (Healy, Bethaney)

Joint MOTION for a Status Conference and/or for Reconsideration by Gregory Garvey, Sr, Frederick B. MacDonald, Forbes Byron.(Friedman, Howard) (Entered: 10/07/2008)

Ch. Magistrate Judge Kenneth P. Neiman: REVISED SCHEDULING ORDER ENTERED, cc:cl. See Order for details.(Healy, Bethaney) (Entered: 10/10/2008)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting in part 29 Joint Motion for a Status Conference or Revision of Schedule. See Revised Schedule docketed this day. (Neiman, Kenneth)

MOTION for Summary Judgment by Gregory Garvey, Sr.(Friedman, Howard) (Entered: 11/17/2008)

MEMORANDUM in Support re 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 11/17/2008)

AFFIDAVIT in Support re 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 11/17/2008)

AFFIDAVIT of David Milton in Support re 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Friedman, Howard) (Entered: 11/17/2008)

Statement of Material Facts L.R. 56.1 re 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 11/17/2008)

Assented to MOTION for Leave to File Excess Pages (Memorandum In Support of Defendants' Cross-Motiion For Summary Judgment And In Opposition to Plaintiff's Motion for Summary Judgment by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 12/22/2008)

Cross MOTION for Summary Judgment by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 12/22/2008)

MEMORANDUM in Support re 37 Cross MOTION for Summary Judgment And In Opposition To Plaintiff's Motion For Summary Judgment filed by Frederick B. MacDonald, Forbes Byron. (Strayer, Kerry) (Entered: 12/22/2008)

AFFIDAVIT of Kerry Strayer re 37 Cross MOTION for Summary Judgment and Opposition To Plaintiff's Motion For Summary Judgment by Frederick B. MacDonald, Forbes Byron. (Strayer, Kerry) (Entered: 12/22/2008)

Statement of Material Facts L.R. 56.1 re 37 Cross MOTION for Summary Judgment filed by Frederick B. MacDonald, Forbes Byron. (Strayer, Kerry) (Entered: 12/22/2008)

MOTION re 37 Cross MOTION for Summary Judgment Defendants' Motion For A View by Frederick B. MacDonald, Forbes Byron.(Strayer, Kerry) (Entered: 12/22/2008)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 36 Motion for Leave to File Excess Pages, cc:cl. (Healy, Bethaney)

Assented to MOTION for Extension of Time to February 2, 2009 to File Response/Reply in Connection with the Parties' Cross-Motions for Summary Judgment by Gregory Garvey, Sr.(Milton, David) (Entered: 01/05/2009)

Ch. Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 42 Plaintiff's Motion for Extension of Time to February 2, 2009, to File Response/Reply. So ordered. (Neiman, Kenneth)

REPLY to Response to 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 02/02/2009)

Opposition re 41 MOTION re 37 Cross MOTION for Summary Judgment Defendants' Motion For A View filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 02/02/2009)

Supplemental AFFIDAVIT of Plaintiff Gregory Garvey in Opposition re 37 Cross MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 02/02/2009)

Supplemental AFFIDAVIT of David Milton in Opposition re 37 Cross MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Attachments: # 1 Exhibit T, # 2 Exhibit U, # 3 Exhibit V, # 4 Exhibit W, # 5 Exhibit X, # 6 Exhibit Y, # 7 Exhibit Z, # 8 Exhibit AA, # 9 Exhibit BB, # 10 Exhibit CC, # 11 Exhibit DD, # 12 Exhibit EE, # 13 Exhibit FF, # 14 Exhibit GG, # 15 Exhibit HH)(Friedman, Howard) (Entered: 02/02/2009)

Counter Statement of Material Facts L.R. 56.1 re 37 Cross MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 02/02/2009)

MEMORANDUM in Opposition re 37 Cross MOTION for Summary Judgment filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 02/02/2009)

ELECTRONIC NOTICE of Hearing on Motion 31 MOTION for Summary Judgment, 37 Cross MOTION for Summary Judgment, 41 MOTION re 37 Cross MOTION for Summary Judgment Defendants' Motion For A View, cc:cl. Motion Hearing set for 4/7/2009 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Motion Hearing held on 4/7/2009 re 37 Cross MOTION for Summary Judgment filed by Frederick B. MacDonald, Forbes Byron, 41 MOTION re 37 Cross MOTION for Summary Judgment Defendants' Motion For A View filed by Frederick B. MacDonald, Forbes Byron, 31 MOTION for Summary Judgment filed by Gregory Garvey, Sr. Attorneys appear and identified. Oral arguments heard on cross motions for summary judgment and defendants' motion for a view. Motions taken under advisement. (Court Reporter: digital.) (Olin, Nathan)

Magistrate Judge Kenneth P. Neiman: MEMORANDUM AND ORDER with regard to Cross-Motions for Summary Judgment (Doc. Nos. 31 and 37) ENTERED, cc:cl. (Healy, Bethaney) (Entered: 10/22/2009)

ELECTRONIC NOTICE of Hearing ISSUED, cc:cl. Case Management Conference set for 10/30/2009 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered denying 41 Defendants' Motion for a View. In its memorandum and order issued this day regarding the parties' cross-motions for summary judgment, the court considered the undisputed facts as well as the additional facts Defendants proffered, including the asserted "archaic" nature of the jail. A view of the jail, in the court's opinion, was unnecessary. Accordingly, Defendants' motion for a view has been denied. So ordered. (Neiman, Kenneth)

Joint MOTION to Continue Status Conference to November 13, 2009 by Gregory Garvey, Sr.(Friedman, Howard) (Entered: 10/29/2009)

Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 50 Joint Motion to Continue Conference. Conference rescheduled to November 13, 2009, at 2:00 p.m. in Hampshire Courtroom. So ordered. (Neiman, Kenneth)

Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Status Conference held on 11/13/2009. Colloquy re: status of case. Further conference set for 1/26/10 at 2:00 p.m. By 1/20/10, counsel shall provide the court information regarding class members and the procedure for calculating damages. No further order to issue at this time. (Court Reporter: Digital (2:00 p.m.).)(Attorneys present: Friedman, Strayer) (Healy, Bethaney)

STATUS REPORT filed jointly by Gregory Garvey, Sr, Frederick B. MacDonald, Forbes Byron. (Friedman, Howard) (Entered: 01/20/2010)

Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered establishing the following schedule: by February 18, 2010, Defendants shall complete their review of the files to determine members of the class and so notify Plaintiff; Plaintiff shall respond to Defendants' review by March 5, 2010; a case management conference shall take place on March 23, 2010, at 10:00 a.m.; and by March 18, 2010, the parties shall provide a written report to the court indicating (1) whether or not the case has settled and, if so, a proposal for notice to the class and a hearing thereon; (2) their agreement, if any, with regard to the members of the class; (3) the number and names of individuals the parties may dispute are members of the class; (4) a proposal as to how any dispute with regard to class membership should be resolved; and (5) a proposal as to the next steps to be taken, if necessary, to determine compensatory and/or punitive damages. So ordered. (Neiman, Kenneth)

Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Status Conference held on 1/26/2010. (Court Reporter: Digital (2:00 p.m.).)(Attorneys present: Friedman, Strayer) (Healy, Bethaney)

ELECTRONIC NOTICE OF RESCHEDULING ISSUED, cc:cl. Conference moved to 3/24/2010 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

STATUS REPORT filed jointly by Gregory Garvey, Sr, Frederick B. MacDonald, Forbes Byron. (Friedman, Howard) (Entered: 03/18/2010)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Status Conference held on 3/24/2010. (Court Reporter: Digital Recording.)(Attorneys present: Friedman, Strayer) (Healy, Bethaney)

STATUS REPORT by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 04/14/2010)

Set Deadlines/Hearings: Status Report due by 4/14/2010. Status Conference set for 4/16/2010 11:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

Letter MOTION to Continue 4/16/10 conference to a date in late-May, or during the week of 6/14/10 filed by the parties.(Healy, Bethaney) (Entered: 04/15/2010)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered denying in part 54 Motion to Continue 4/16/10 conference. The court will proceed with the conference, however it will take place by telephone. Counsel are instructed to call in to the following telephone number: 413-785-6815, at which time the clerk will connect to the conference. (Healy, Bethaney)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Status Conference held on 4/16/2010, ( Motion for Preliminary Approval of Settlement and memoranda due by 5/28/2010., Hearing on Motion for Preliminary Approval of Settlement set for 6/18/2010, 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman.). (Court Reporter: Digital Recording.)(Attorneys present: Strayer, Milton) (Stuckenbruck, John)

Joint MOTION for Extension of Time to 6/18/2010 to File Motion for Preliminary Approval of the Settlement, and to Continue Preliminary Hearing by Forbes Byron, Gregory Garvey, Sr, Frederick B. MacDonald.(Friedman, Howard) (Entered: 05/28/2010)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 55 Joint Motion for Extension of Time. The parties' motion for preliminary approval of settlement shall be filed by June 18, 2010. The hearing on the motion is continued from June 18, 2010, to July 12, 2010, at 10:00 a.m. So ordered. (Neiman, Kenneth)

Joint MOTION for Extension of Time to 6/21/2010 to File Settlement Documents by Forbes Byron, Gregory Garvey, Sr, Frederick B. MacDonald.(Milton, David) (Entered: 06/17/2010)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 56 Joint Motion for Extension of Time to June 21, 2010, to File Settlement Documents. So ordered. (Neiman, Kenneth)

Joint MOTION for Extension of Time to June 24, 2010 to File Settlement Documents by Forbes Byron, Gregory Garvey, Sr, Frederick B. MacDonald.(Friedman, Howard) (Entered: 06/21/2010)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 57 Joint Motion for Extension of Time to June 24, 2010, to File Settlement Documents. So ordered. (Neiman, Kenneth)

Joint MOTION Preliminary Approval of Class Action Settlement by Forbes Byron, Gregory Garvey, Sr, Frederick B. MacDonald. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Settlement Exhibit A, # 3 Exhibit Settlement Exhibit B, # 4 Exhibit Settlement Exhibit C, # 5 Exhibit Settlement Exhibit D, # 6 Exhibit Settlement Exhibit E, # 7 Exhibit Settlement Exhibit F, # 8 Exhibit Settlement Exhibit G)(Friedman, Howard) (Entered: 06/24/2010)

MEMORANDUM in Support re 58 Joint MOTION Preliminary Approval of Class Action Settlement filed on behalf of Plaintiffs filed by Gregory Garvey, Sr. (Friedman, Howard) (Entered: 06/24/2010)

AFFIDAVIT of Howard Friedman in Support re 58 Joint MOTION Preliminary Approval of Class Action Settlement filed by Gregory Garvey, Sr. (Attachments: # 1 Exhibit 1)(Friedman, Howard) (Entered: 06/24/2010)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 58 Joint Motion for Preliminary Approval of Class Settlement, for the reasons stated in court this day. In essence, the court finds at a preliminary stage of these proceedings that the proposed settlement is fair, reasonable and adequate. In particular, the court finds that the settlement appears to have been reached in a procedurally fair manner and that its terms are substantively reasonable and fair insofar as it would provide a significant benefit to class members without their facing the uncertainty of a trial. The court also finds as a preliminary matter that the proposed distribution -- including attorneys' fees, expenses, and the incentive payment -- appears to be fair, reasonable and adequate, including as well the cy pres distribution and the potential reversion of funds to the state. Further, the court, after examination of the proposed documents and an in-depth inquiry of counsel, appoints Analytics, Inc. as claims administrator, approves the class notice and notice plan, as altered in the course of today's hearing, and sets January 14, 2011, at 11:00 a.m. for the final fairness hearing. So ordered. (Neiman, Kenneth)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Motion Hearing held on 7/13/2010 re 58 Joint MOTION for Preliminary Approval of Class Action Settlement filed by Frederick B. MacDonald, Forbes Byron, Gregory Garvey, Sr. Final Settlement Approval Hearing set for 1/14/11 at 11:00 a.m. (Court Reporter: Digital Recording.)(Attorneys present: Friedman, Milton, Strayer) (Healy, Bethaney)

SETTLEMENT AGREEMENT (Amended) by Forbes Byron, Gregory Garvey, Sr, Frederick B. MacDonald. (Attachments: # 1 Amended Settlement Agreement, # 2 Settlement Exhibit A, # 3 Settlement Exhibit B, # 4 Settlement Exhibit C, # 5 Settlement Exhibit D, # 6 Settlement Exhibit E, # 7 Settlement Exhibit F, # 8 Settlement Exhibit G)(Friedman, Howard) (Entered: 07/15/2010)

Letter/request (non-motion) from Nathan Mroneault requesting to be habed in for the 1/14/2011 settlement hearing. (Attachments: # 1 Proposed writ of habeas corpus)(Finn, Mary) (Entered: 12/07/2010)