Case details

Court: almd
Docket #: 2:05-cv-00811
Case Name: Monroe et al v. Allen
PACER case #: 31454
Date filed: 2005-08-24
Assigned to: Honorable Judge Myron H. Thompson
Referred to: Honorable Judge Wallace Capel, Jr
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Joseph R. Twarog
Plaintiff
TERMINATED: 04/06/2006
Kyla Groff Kelim
Davis & Neal 574 Azelea Road Ste 103 Mobile, AL 36609 251-434-6848 Fax: 251-660-1943 Email: davisneal1@harboraccess.com
TERMINATED: 04/06/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Raphan
ACLU of Alabama 207 Montgomery Street, Suite 825 Montgomery, AL 36106 334-265-2754 Ext.2434 Fax: 334-269-5666 Email: lraclual@bellsouth.net
TERMINATED: 03/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
2800 Zelda Road; Suite 100-5 Montgomery, AL 36106 334-409-9688 Fax: 334-460-8760 Email: edwayland@yahoo.com
ATTORNEY TO BE NOTICED

Carl J. Monroe
Plaintiff
Allison Eichenfeld Neal
American Civil Liberties Union of Alabama 207 Montgomery Street, Suite 910 Montgomery, AL 36104 334-265-2754 Fax: 334-269-5666 Email: aneal@aclualabama.org
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Raphan
(See above for address)
TERMINATED: 03/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Joseph Barton Dudley
Plaintiff
Allison Eichenfeld Neal
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Raphan
(See above for address)
TERMINATED: 03/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Reuben Parker
Plaintiff
TERMINATED: 06/20/2007
Allison Eichenfeld Neal
(See above for address)
TERMINATED: 06/20/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
TERMINATED: 06/20/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Raphan
(See above for address)
TERMINATED: 03/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
TERMINATED: 06/20/2007 ATTORNEY TO BE NOTICED

Hoyt Cline
Plaintiff
TERMINATED: 06/20/2007
Allison Eichenfeld Neal
(See above for address)
TERMINATED: 06/20/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
TERMINATED: 06/20/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lori Raphan
(See above for address)
TERMINATED: 03/15/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
TERMINATED: 06/20/2007 ATTORNEY TO BE NOTICED

William Bullard
Plaintiff
TERMINATED: 04/27/2009
Kyla Groff Kelim
(See above for address)
TERMINATED: 04/27/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
TERMINATED: 04/27/2009 ATTORNEY TO BE NOTICED

Larry Dansby
Plaintiff
Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Mark Lingenfelter
Plaintiff
Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Leon Perry
Plaintiff
Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Terry Lee Presley
Plaintiff
Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

John Ward
Plaintiff
Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Edward McCoy Wayland
(See above for address)
ATTORNEY TO BE NOTICED

Michael Cox
Plaintiff
Edward McCoy Wayland
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Michael Lawson
Plaintiff
Edward McCoy Wayland
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kyla Groff Kelim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Allison Eichenfeld Neal
(See above for address)
ATTORNEY TO BE NOTICED

Donal Campbell
Defendant
Commissioner of Department of Corrections TERMINATED: 06/20/2007
Albert Sim Butler
Alabama Department of Corrections Legal Division PO Box 301501 Montgomery, AL 36130-1501 334-353-3885 Fax: 334-353-3891 Email: albert.butler@doc.alabama.gov
TERMINATED: 06/20/2007 ATTORNEY TO BE NOTICED

Richard Allen
Defendant
Commissioner, of Department of Corrections
Albert Sim Butler
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-08-24 1 0 Inmate 1983 COMPLAINT against Donal Campbell (Filing fee $250.00 receipt number 107438), filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Attachments: #(1) Copy of Settlement Agreement, Joint Stipulation of Dismissal and Order filed in USDC/MDAL, Civil Action #2:97cv120)(dmn) (Entered: 08/26/2005)
2005-08-24 2 0 Summons Issued; summons and complaint returned to counsel for personal service on Donal Campbell. (dmn) (Entered: 08/26/2005)
2005-08-24 3 0 SUMMONS Returned Executed; Donal Campbell served on 8/24/2005, answer due 9/13/2005.(dmn) (Entered: 08/26/2005)
2005-08-29 4 0 AMENDED COMPLAINT against Donal Campbell, filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Attachments: #(1) Exhibit A)(dmn) (Entered: 08/30/2005)
2005-09-16 5 0 MOTION to Dismiss by Donal Campbell. (Butler, Albert) (Entered: 09/16/2005)
2006-02-03 6 0 MOTION for Lori M. Raphan to Withdraw as Attorney by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (dmn) (Entered: 02/03/2006)
2006-02-16 7 0 MOTION to Dismiss by Joseph R. Twarog. (dmn) (Entered: 02/17/2006)
2006-02-17 8 0 ORDER re 5 Motion to Dismiss filed by Donal Campbell and 7 Motion to Dismiss filed by Joseph R. Twarog. On or before 3/3/2006, the plaintiffs, other than Twarog, shall respond to the defendant's motion to dismiss, and show cause in writing why the motion should not be granted for the reasons stated by the defendant. Show Cause Response due by 3/3/2006. On or before 3/10/2006, the plaintiffs' counsel, on behalf of TWAROG, shall show cause why the court should not dismiss Twarog as a plaintiff pursuant to FRCP 41. Signed by Judge Vanzetta P. McPherson on 2/17/2006. (dmn) (Entered: 02/17/2006)
2006-03-03 9 0 RESPONSE in Opposition re 5 MOTION to Dismiss filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-03 10 0 MOTION to Dismiss Joseph Twarog as Plaintiff by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-03 11 0 Reply to response to 8 Order to show cause Plaintiffs' Response to Order to Show Cause filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-03 12 0 RESPONSE in Opposition re 5 MOTION to Dismiss Amended filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-03 13 0 MOTION to Amend/Correct 10 MOTION to Dismiss Joseph Twarog as Plaintiff Wrong filing date by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-03 14 0 MOTION to Amend/Correct 11 Reply to response to order to show cause Wrong filing date by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/03/2006)
2006-03-07 15 0 MOTION to Amend/Correct 13 MOTION to Amend/Correct 10 MOTION to Dismiss Joseph Twarog as Plaintiff Wrong filing date by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Corrected Motion)(Kelim, Kyla) (Entered: 03/07/2006)
2006-03-07 16 0 MOTION to Amend/Correct 14 MOTION to Amend/Correct 11 Reply to response to order to show cause Wrong filing date by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Corrected Response)(Kelim, Kyla) (Entered: 03/07/2006)
2006-03-07 17 0 MOTION to Amend/Correct 12 Response in Opposition to Motion to reflect correct filing date by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1)(Kelim, Kyla) (Entered: 03/07/2006)
2006-03-15 18 0 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and 10 MOTION to Dismiss Joseph Twarog as Plaintiff, that Twarog be dismissed as a plaintiff in this action. Objections to R&R due by 3/29/2006. Signed by Judge Vanzetta P. McPherson on 3/15/2006. (dmn) (Entered: 03/15/2006)
2006-03-15 19 0 ORDER granting 17 Motion to Amend Response to Motion to Dismiss. Signed by Judge Vanzetta P. McPherson on 3/15/2006. (dmn) (Entered: 03/15/2006)
2006-03-15 20 0 ORDER granting 16 Motion to Amend Plaintiffs' Response. Signed by Judge Vanzetta P. McPherson on 3/15/2006. (dmn) (Entered: 03/15/2006)
2006-03-15 21 0 ORDER granting 15 Motion to Amend Motion to Dismiss Joseph Twarog. Signed by Judge Vanzetta P. McPherson on 3/15/2006. (dmn) (Entered: 03/15/2006)
2006-03-15 22 0 ORDER granting 6 Motion for Lori M. Raphan to Withdraw as Attorney. Signed by Judge Vanzetta P. McPherson on 3/15/2006. (dmn) (Entered: 03/15/2006)
2006-03-28 23 0 Amended MOTION to Dismiss Joseph R. Twarog as Plaintiff by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/28/2006)
2006-03-28 24 0 RESPONSE in Opposition re 5 MOTION to Dismiss filed by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/28/2006)
2006-03-28 25 0 RESPONSE TO ORDER TO SHOW CAUSE by Reuben Parker, Hoyt Cline, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley re 8 Order to Show Cause,,. (Kelim, Kyla) (Entered: 03/28/2006)
2006-04-06 26 0 ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS; granting 7 Motion to Dismiss and 10 Motion to Dismiss ; Joseph R. Twarog is DISMISSED as a plaintiff in this action. Signed by Judge Myron H. Thompson on 4/6/2006. (Attachments: # 1)(cb, ) (Entered: 04/06/2006)
2006-11-15 27 0 NOTICE of Appearance by Edward McCoy Wayland on behalf of all plaintiffs (Wayland, Edward) (Entered: 11/15/2006)
2006-12-01 28 0 MOTION Schedule Oral Argument on 5 Motion to Dismiss by Reuben Parker, Hoyt Cline, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) [Modified on 12/4/2006 to create relationship to Doc. 5 .-DMN] (Entered: 12/01/2006)
2006-12-06 29 0 ORDER denying 28 Motion to Schedule Oral Argument on Defendant's Motion to Dismiss as further set out in the order. Signed by Judge Wallace Capel Jr. on 12/6/2006. (dmn) (Entered: 12/06/2006)
2006-12-08 30 0 REPORT AND RECOMMENDATIONS of the Magistrate Judge that the dft's 5 MOTION to Dismiss be DENIED; Objections to R&R due by 12/27/2006. Signed by Judge Wallace Capel Jr. on 12/8/2006. (wcl, ) (Entered: 12/08/2006)
2006-12-15 31 0 NOTICE of Appearance by Allison Neal on behalf of all plaintiffs (Neal, Allison) (Entered: 12/15/2006)
2007-01-19 32 0 ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS and defendant's 5 Motion to Dismiss is DENIED. Signed by Judge Myron H. Thompson on 1/19/2007. (dmn) (Entered: 01/19/2007)
2007-01-19 33 0 ORDER that the 23 Motion to Dismiss is denied as moot. Signed by Judge Myron H. Thompson on 1/19/2007. (dmn) (Entered: 01/19/2007)
2007-02-06 34 0 Defendant's ANSWER to Amended Complaint by Donal Campbell.(Butler, Albert) (Entered: 02/06/2007)
2007-02-09 35 0 ORDER that a Scheduling Conference is set for 3/9/2007 at 11:30 AM in Courtroom 5A in Montgomery, AL before Honorable Wallace Capel Jr. ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan. Rule 26 Meeting Report due by 3/2/2007. Signed by Judge Wallace Capel Jr. on 2/9/2007. (dmn) (Entered: 02/09/2007)
2007-02-28 36 0 REPORT of Rule 26(f) Planning Meeting. (Wayland, Edward) (Entered: 02/28/2007)
2007-03-02 37 0 ORDERED that the Scheduling Conference presently set for 3/9/07 at 11:30 a.m is RESCHEDULED to commence on Friday, 3/23/2007 at 10:30 AM in Courtroom 5A before Honorable Wallace Capel Jr. Signed by Judge Wallace Capel Jr. on 3/2/07. (sl, ) (Entered: 03/02/2007)
2007-03-22 38 0 Response to Order setting Pretrial Conference by Reuben Parker, Hoyt Cline, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 03/22/2007)
2007-03-23 39 0 Minute Entry for proceedings held before Judge Wallace Capel Jr.: Scheduling Conference held on 3/23/2007 (PDF available for court use only). (Recording Time 10:28 - 10:40.) (jct, ) (Entered: 03/23/2007)
2007-03-23 40 0 SCHEDULING ORDER: THIS ORDER WILL NOT SET A TRIAL DATE. For purposes of this order, the Magistrate Judge has set the deadlines based on a 11/26/07 (pretrial-October, 2007) trial term. Amended Pleadings due by 5/15/2007; Discovery due by 9/1/2007; Dispositive Motions due by 7/15/2007; Mediation Notice due by 11/5/2007. Signed by Judge Wallace Capel Jr. on 3/23/07. (sl, ) (Entered: 03/23/2007)
2007-03-23 41 0 ORDER setting out briefing schedules for filing dispositive motions. Signed by Judge Wallace Capel Jr. on 3/23/07. (sl, ) (Entered: 03/23/2007)
2007-05-15 42 0 MOTION to Amend/Correct 4 Amended Complaint by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Reuben Parker, Hoyt Cline, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Proposed Second Amended Complaint)(Wayland, Edward) (Entered: 05/15/2007)
2007-05-15 43 0 BRIEF/MEMORANDUM in Support re 42 MOTION to Amend/Correct 4 Amended Complaint filed by Reuben Parker, Hoyt Cline, William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 05/15/2007)
2007-05-15 44 0 MOTION to Certify Class by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 05/15/2007)
2007-05-15 45 0 BRIEF/MEMORANDUM in Support re 44 MOTION to Certify Class filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Affidavit Declaration of Kyla Groff Kelim# 2 Affidavit Declaration of Edward M. Wayland# 3 Affidavit Declaration of Allison E. Neal)(Wayland, Edward) (Entered: 05/15/2007)
2007-05-15 46 0 ORDERED that on or before 5/29/07, defendant shall file a response to the 42 MOTION for Leave to Amended First Amended Complaint, to Add Parties, and to Seek Class Relief. Thereafter the motion shall be deemed submitted and the court will not consider any further pleadings filed by the parties. Signed by Judge Wallace Capel Jr. on 5/15/07. (sl, ) (Entered: 05/15/2007)
2007-05-25 47 0 MOTION for Extension of Deadline For filing Response and Brief in Support of the Objection to Class Certification by Donal Campbell. (Butler, Albert) (Entered: 05/25/2007)
2007-05-25 48 0 ORDER re 47 MOTION for Extension of Deadline For filing Response and Brief in Support of the Objection to Class Certification filed by Donal Campbell, Response to Motion due by 6/8/2007. Motion Submission Deadline set for 6/8/2007 as further setout. Signed by Judge Wallace Capel Jr. on 5/25/07. (vma, ) (Entered: 05/25/2007)
2007-06-07 49 0 BRIEF/MEMORANDUM in Support of the Objections to Class Relief filed by Donal Campbell. (Butler, Albert) (Entered: 06/07/2007)
2007-06-15 50 0 MOTION for Extension of Deadline Plaintiffs' Initial Disclosures of Experts by Reuben Parker, Hoyt Cline, William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Joseph R. Twarog, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 06/15/2007)
2007-06-20 51 0 RECOMMENDATION of the Magistrate Judge that plaintiffs' 44 Motion for class certification is due to be denied. The 42 Motion to Amend the First Amended Complaint is granted in part and denied in part. The 50 Motion for an Extension of Time to file Initial Disclosures of Experts is granted. This case is referred back to the Magistrate Judge for appropriate proceedings. Objections to R&R due by 7/3/2007. Signed by Judge Wallace Capel Jr. on 6/20/07. (sl, ) (Entered: 06/20/2007)
2007-06-27 52 0 Defendant's ANSWER to Amended Complaint by Richard Allen.(Butler, Albert) (Entered: 06/27/2007)
2007-06-27 53 0 REQUEST for Production of Documents by Richard Allen.(Butler, Albert) (Entered: 06/27/2007)
2007-06-28 54 0 ORDERED in accordance with Local Rule 5.1, that the parties shall not file future discovery requests with the Clerk of Court except upon order of the court or for use at trial or in connection with motions. The party responsible for service of the discovery material shall retain the original and become the custodian. Signed by Judge Wallace Capel Jr. on 6/28/07. (sl, ) (Entered: 06/28/2007)
2007-07-03 55 0 OBJECTION to 51 Report and Recommendations by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 07/03/2007)
2007-07-25 56 0 ORDERED that an on-the-record status conference is set for 8/16/2007 at 8:30 AM. Counsel for defendant is to arrange for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 7/25/07. (sl, ) (Entered: 07/25/2007)
2007-07-31 57 0 OPINION AND ORDER as follows: (1) the plaintiffs' 55 objections are overruled; (2) the 51 recommendation of the U. S. Magistrate Judge is adopted; (3) the plaintiffs' 44 motion for class certification is denied as further set out in order. Signed by Judge Myron H. Thompson on 7/31/07. (sl, ) (Entered: 07/31/2007)
2007-08-16 58 0 Minute Entry for Status Conference held before Judge Myron H. Thompson on 8/16/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 08/16/2007)
2007-08-16 59 0 [AMENDED, SEE 69 ORDER FOR PDF.-DMN] FINAL SUBMISSION ORDER as follows: (1) this lawsuit is set for final submission, without oral argument, on 3/17/08; (2) the deadlines for expert reports are extended to 10/15/07 for plaintiffs and 11/26/07 for the defendant; (3) the parties are allowed until 1/2/08 to complete discovery; (4) by 2/4/08, the parties are jointly to develop and submit to the court a record of the evidence as further set out; (5) the plaintiffs are to file their brief by 2/25/08; (6) the defendant is to file his brief by 3/10/08; (7) the plaintiffs may file a reply brief by 3/17/08 as further set out in order. Plaintiff Joseph R. Twarog having been dismissed from this case, the clerk of court is directed to modify the docket sheet and caption to reflect that Carl J. Monroe is now the first named plaintiff. Signed by Judge Myron H. Thompson on 8/16/07. (sl, ) Modified on 10/18/2007 (dmn). (Entered: 08/16/2007)
2007-08-24 60 0 ORDERED that this matter is set for a mediation scheduling conference on 8/30/2007 at 2:00 PM by telephone conference call. The defendant shall set up the telephone conference call. Signed by Judge Charles S. Coody on 8/24/07. (sl, ) (Entered: 08/24/2007)
2007-08-30 61 0 ORDERED that this matter is set for a Mediation Conference on 10/3/2007 at 10:00 AM in Courtroom 4B, Montgomery, AL before Honorable Charles S. Coody. Ordered that defendant shall make the plaintiffs available for telephone conferences on this day as further set out in order. Signed by Judge Charles S. Coody on 8/30/07. (sl, ) (Entered: 08/30/2007)
2007-09-17 62 0 NOTICE to Take Deposition by Richard Allen.(Butler, Albert) (Entered: 09/17/2007)
2007-09-18 63 0 NOTICE by Richard Allen Request for Leave of Court to Depose Inmates (Butler, Albert) (Entered: 09/18/2007)
2007-09-18 64 0 ORDERED that the 63 Request for Leave of Court to Depose Inmates is granted as further set out in order. Signed by Judge Wallace Capel Jr. on 9/18/07. (sl, ) (Entered: 09/18/2007)
2007-09-28 65 0 AMENDED COMPLAINT Second Amended Complaint against Richard Allen, filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Wayland, Edward) (Entered: 09/28/2007)
2007-10-03 66 0 ORDERED that the mediation reconvene on 10/23/2007 at 10:00 AM in Courtroom 4B, U. S. Courthouse Complex, Montgomery, AL. Ordered that on or before noon on 10/22/07 the plaintiffs shall fax to the undersigned at 334-954-3709 a document setting forth the results of their review of the materials provided to them by the defendants. Signed by Judge Charles S. Coody on 10/3/07. (sl, ) (Entered: 10/03/2007)
2007-10-12 67 0 Joint MOTION for Extension of Deadline re 59 Order,,,, Set Deadlines/Hearings,,, by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Richard Allen, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 10/12/2007)
2007-10-16 68 0 ORDERED that the mediation presently set to reconvene on 10/23/07 at 10:00 a.m. be RESET to reconvene on 10/26/07 at 10:00 a.m. in Courtroom 4B, Montgomery, AL as further set out in order. Signed by Judge Charles S. Coody on 10/16/07. (sl, ) (Entered: 10/16/2007)
2007-10-18 69 0 AMENDED FINAL SUBMISSION ORDER granting 67 Joint MOTION to Extend. Further ORDERED as follows: (1) This lawsuit is set for final submission, without oral argument, on 4/15/2008. (2) The deadlines for expert reports are extended to 11/15/2007, for plaintiffs and 12/28/2007, for the defendant. (3) The parties are allowed until 2/1/2008 to complete discovery and the depositions of all persons whose testimony will be made part of the evidentiary record. (4) By 3/4/2008, the parties are jointly to develop and submit to the court a record of the evidence as further set out in the order. (5) Plaintiffs brief due by 3/25/2008. (6) Defendant's brief due by 4/8/2008. (7)Plaintiffs reply brief due by 4/15/2008. (8) When the parties refer to evidence in their briefs, they must cite the specific document and Bates-stamped page number where the evidence can be found in the evidentiary record. A brief which fails to comply with this requirement will be struck. (9) In light of this agreed-upon disposition without a trial, the parties are no longer to file dispositive motions, that is, summary-judgment or dismissal motions. (Signed by Judge Myron H. Thompson on 10/18/2007.) (dmn) (Entered: 10/18/2007)
2007-10-25 70 0 ORDERED that the mediation conference previously scheduled for 10/26/07 is CONTINUED to 12/3/07 at 10:00 a.m in Courtroom 4B, Montgomery, AL before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 10/26/07. (sl, ) (Entered: 10/25/2007)
2007-11-14 71 0 Response to Order Notice of Filing Initial Expert Report by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 11/14/2007)
2007-11-14 72 0 Response to Order Notice of Filing Disclosure of Experts by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Exhibit Expert Report# 2 Exhibit Expert CV)(Kelim, Kyla) (Entered: 11/14/2007)
2007-11-29 73 0 NOTICE to Take Deposition of Gwen Mosley by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 74 0 NOTICE to Take Deposition of Stephanie Atchison by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 75 0 NOTICE to Take Deposition of Ronald K. Cavanaugh by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 76 0 NOTICE to Take Deposition of Donald M. Dietz by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 77 0 NOTICE to Take Deposition of Latrice Greene by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 78 0 NOTICE to Take Deposition of Brian Mitchell by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-11-29 79 0 NOTICE to Take Deposition of Ernest H. Marshburn by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) (Entered: 11/29/2007)
2007-12-04 80 0 ORDER that a Mediation Conference is set for 1/18/2008 at 10:00 AM in Courtroom 4B in Montgomery, AL before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 12/4/2007. Copies furnished to YG, HC, WS. (dmn) (Entered: 12/04/2007)
2008-01-17 81 0 Corporate/Conflict Disclosure Statement by Richard Allen. (Butler, Albert) (Entered: 01/17/2008)
2008-01-18 82 0 ORDERED that a mediation session is set for 2/14/2008 at 10:00 AM in Courtroom 4B, Montgomery, AL before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 1/18/08. (sl, ) (Entered: 01/18/2008)
2008-01-22 83 0 REVISED FINAL SUBMISSION ORDER as follows: (1) this lawsuit is reset for final submission, without oral argument, on 8/29/08; (2) parties are allowed until 6/16/08 to complete discovery and depositions; (3) by 7/18/08 the parties are jointly to develop and submit a record of evidence; (4) the plaintiffs are to file their brief by 8/8/08; (5) the defendant is to file his brief by 8/22/08; (6) the plaintiffs may file a reply brief by 8/29/08. In light of this agreed-upon disposition without a trial, the parties are no longer to file dispositive motions, that is, summary-judgment or dismissal motions. Signed by Judge Myron H. Thompson on 1/22/08. (sl, ) (Entered: 01/22/2008)
2008-02-13 84 0 ORDERED that the mediation presently set to reconvene on 2/14/08 at 10:00 a.m. is RESET to reconvene on 3/6/08 at 10:00 a.m. in Courtroom 4B, Montgomery, AL. Signed by Judge Charles S. Coody on 2/13/08. (sl, ) (Entered: 02/13/2008)
2008-03-06 85 0 ORDER that a further Mediation Conference is set for 4/1/2008 10:00 AM in Courtroom 4B before Honorable Charles S. Coody. Signed by Judge Charles S. Coody on 3/6/2008. (cc, ) (Entered: 03/06/2008)
2008-07-22 86 0 Joint MOTION for Settlement Seeking Entry of the Parties' Stipulation of Settlement by the Court by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Richard Allen, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Text of Proposed Order Stipulation of Settlement)(Wayland, Edward) (Entered: 07/22/2008)
2008-07-24 87 0 ORDERED that the 86 Joint MOTION for Entry of Stipulation of Settlement is set for an on-the-record status conference on 7/30/2008 at 10:00 AM. Counsel for the defendant are to arrange for the conference to be conducted by telephone. Signed by Honorable Myron H. Thompson on 7/24/08. (sl, ) (Entered: 07/24/2008)
2008-07-30 88 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Motion Hearing (telephone) held on 7/30/2008 re 86 Joint MOTION for Settlement Seeking Entry of the Parties' Stipulation of Settlement by the Court filed by Leon Perry, Terry Lee Presley, John Ward, Joseph Barton Dudley, William Bullard, Larry Dansby, Richard Allen, Mark Lingenfelter, Carl J. Monroe (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 07/30/2008)
2008-07-31 89 0 ORDERED that the 86 Joint MOTION for Entry of Stipulation of Settlement is set for submission, without oral argument, on 8/29/08 with the parties to file a joint memorandum reflecting how the proposed settlement meets the requirements of the PLRA. Signed by Honorable Myron H. Thompson on 7/31/08. (sl, ) (Entered: 07/31/2008)
2008-08-29 90 0 BRIEF/MEMORANDUM in Support re 86 Joint MOTION for Settlement Seeking Entry of the Parties' Stipulation of Settlement by the Court -- Plaintiffs' Memorandum Regarding PLRA Issues filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 08/29/2008)
2008-09-02 91 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 9/2/2008 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 09/02/2008)
2008-09-03 92 0 ORDERED as follows: (1) this case is referred to mediation; (2) this case is stayed and closed administratively pending mediation; (3) the 86 motion for entry of stipulation of settlement is denied with leave to renew after mediation; (4) on 10/6/08, and on the first Monday of every month thereafter, the parties are to file a joint report on the status of the mediation. Signed by Honorable Myron H. Thompson on 9/3/08. (sl, ) (Entered: 09/03/2008)
2008-10-06 93 0 ORDERED that an on-the-record status conference is set for 10/10/2008 at 2:00 PM to discuss how to proceed in this case. Counsel for defendant is to arrange for the conference to be conducted by telephone. Signed by Honorable Myron H. Thompson on 10/6/08. (sl, ) (Entered: 10/06/2008)
2008-10-07 94 0 STATUS REPORT Joint Report on Status of Mediation by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Richard Allen, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 10/07/2008)
2008-10-08 95 0 First MOTION to Continue Continuance Request of the Telephone Status Conference (docket # 93) by Richard Allen. (Butler, Albert) (Entered: 10/08/2008)
2008-10-09 96 0 ORDERED as follows: (1) the 95 request for continuance is granted; (2) the on-the-record-status conference is RESET for 10/17/2008 at 11:00 AM. Counsel for defendant is to arrange for the conference to be conducted by telephone. Signed by Honorable Myron H. Thompson on 10/9/08. (Term: Status Conf.-10/10/08)(sl, ) (Entered: 10/09/2008)
2008-10-17 97 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 10/17/2008 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 10/17/2008)
2008-10-17 98 0 ORDERED as follows: (1) this case is re-opened; (2) plaintiffs are allowed until 10/24/08 to file a motion for entry or enforcement of stipulation of settlement, along with a brief; (3) defendant is allowed until 11/7/08 to file a response; (4) plaintiffs are allowed until 11/21/08 to file a reply; (5) plaintiffs' motion for entry or enforcement of stipulation of settlement is set for submission, without oral argument, on 11/21/08. Signed by Honorable Myron H. Thompson on 10/17/08. (sl, ) (Entered: 10/17/2008)
2008-10-24 99 0 [WITHDRAWN PURSUANT TO 107 ORDER FILED ON 1/14/09] MOTION for Settlement Entry of the Parties' Stipulation of Settlement by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Text of Proposed Order Stipulation of Settlement)(Kelim, Kyla) Modified on 1/14/2009 (sl, ). (Entered: 10/24/2008)
2008-10-24 100 0 BRIEF/MEMORANDUM in Support re 99 MOTION for Settlement Entry of the Parties' Stipulation of Settlement filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Text of Proposed Order Stipulation of Settlement)(Kelim, Kyla) (Entered: 10/24/2008)
2008-11-25 101 0 First MOTION for Extension of Time to File Response/Reply request to file out-of-time by Richard Allen. (Butler, Albert) (Entered: 11/25/2008)
2008-11-25 102 0 BRIEF/MEMORANDUM in Opposition re 99 MOTION for Settlement Entry of the Parties' Stipulation of Settlement filed by Richard Allen. (Butler, Albert) (Entered: 11/25/2008)
2008-11-26 103 0 ORDER granting defendant's 101 motion for out-of-time filing; that plaintiffs are allowed until December 10, 2008, to file their reply brief; that the Motion Submission Deadline is reset for 12/10/2008 for 99 MOTION for entry or enforcement of stipulation of settlement. Signed by Honorable Myron H. Thompson on 11/26/2008. (cc, ) (Entered: 11/26/2008)
2008-12-05 104 0 MOTION for Extension of Time to File Response/Reply as to 103 Order,, Terminate Motions,, Set Deadlines, 99 MOTION for Settlement Entry of the Parties' Stipulation of Settlement by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 12/05/2008)
2008-12-08 105 0 ORDER granting plaintiffs' 104 MOTION to Extend Time; that the plaintiffs are allowed until January 12, 2009, to file their reply brief; that the Motion Submission Deadline is reset for 1/12/2009 for 99 MOTION for entry or enforcement of stipulation of settlement. Signed by Honorable Myron H. Thompson on 12/8/2008. (cc, ) (Entered: 12/08/2008)
2009-01-13 106 0 MOTION to Withdraw 99 MOTION for Settlement Entry of the Parties' Stipulation of Settlement by Reuben Parker, William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 01/13/2009)
2009-01-14 107 0 ORDERED as follows: (1) the 106 Motion to Withdraw is granted; (2) plantiffs' 99 motion for entry of stipulation of settlement is withdrawn; (3) an on-the-record status conference is set for 1/16/09 at 9:00 a.m. Counsel for defendant is to arrange for the conference to be conducted by telephone. Signed by Honorable Myron H. Thompson on 1/14/09. (sl, ) (Entered: 01/14/2009)
2009-01-16 108 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 1/16/2009 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 01/16/2009)
2009-01-20 109 0 NEW FINAL SUBMISSION ORDER: that this lawsuit is reset for final submission on August 10, 2009; that all motions to add parties and amend pleadings must be submitted by March 3, 2009; that the parties are allowed until May 18, 2009, to complete discovery; that by June 22, 2009, the parties are jointly to develop and submit to the court a record of the evidence that they intend the court to rely upon, set further set out; that the plaintiffs are to file their brief by July 13, 2009; that the defendant is to file his brief by August 3, 2009; that the plaintiffs may file a reply brief by August 10, 2009; that the parties are no longer required to file dispositive motions. Signed by Honorable Myron H. Thompson on 1/20/2009. (cc, ) (Entered: 01/20/2009)
2009-03-03 110 0 MOTION for Extension of Deadline To Amend Pleadings and Add Parties re 109 Order,,, Set Scheduling Order Deadlines,, by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 03/03/2009)
2009-03-05 111 0 ORDER granting 110 MOTION for Extension of time. Signed by Honorable Myron H. Thompson on 3/5/09. (djy, ) (Entered: 03/05/2009)
2009-03-17 112 0 MOTION to Amend/Correct Motion for Leave to File a Third Amended Complaint by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Exhibit Proposed Third Amended Complaint)(Wayland, Edward) (Entered: 03/17/2009)
2009-03-17 113 0 BRIEF/MEMORANDUM in Support re 112 MOTION to Amend/Correct Motion for Leave to File a Third Amended Complaint filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 03/17/2009)
2009-03-19 114 0 ORDERED that the 112 MOTION for Leave to Amend is set for submission, without oral argument, on 4/3/2009, with all briefs due by said date; Motion Submission Deadline set for 4/3/2009. Signed by Honorable Myron H. Thompson on 3/19/2009. (wcl, ) (Entered: 03/19/2009)
2009-04-03 115 0 BRIEF/MEMORANDUM in Opposition re 112 MOTION to Amend/Correct Motion for Leave to File a Third Amended Complaint filed by Richard Allen. (Butler, Albert) (Entered: 04/03/2009)
2009-04-03 116 0 REPLY BRIEF re 115 BRIEF/MEMORANDUM in Opposition, 112 MOTION to Amend/Correct Motion for Leave to File a Third Amended Complaint filed by William Bullard, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 04/03/2009)
2009-04-10 117 0 ORDER re 112 MOTION for Leave to Amend. On-the-record Oral Argument set for 4/14/2009 at 09:30 AM by telephone before Honorable Myron H. Thompson. Counsel for the parties are to arrange for the argument to be conducted by telephone. Signed by Honorable Myron H. Thompson on 4/10/2009. Copies furnished to YG, HC, AG, SC. (dmn) (Entered: 04/10/2009)
2009-04-13 118 0 ORDERED that the 112 MOTION for leave to amend is RESET for on-the-record oral argument on 4/24/09 at 9:00 a.m. Counsel for parties are to arrange for the argument to be conducted by telephone. Signed by Honorable Myron H. Thompson on 4/13/09. (Term Oral Argument Deadline 4/14/09 9:30)(sl, ) (Entered: 04/13/2009)
2009-04-24 119 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Status Conference held on 4/24/2009 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, ) (Entered: 04/24/2009)
2009-04-27 120 0 REVISED FINAL SUBMISSION ORDER: Pursuant to an on-the-record telephone conference that took place on 4/24/2009, it is ORDERED as follows: (1) This lawsuit is reset for final submission without oral argument, on 10/23/2009. (2) The parties are allowed until 7/17/2009, to complete discovery and the depositions of all persons whose testimony will be made part of the evidentiary record. (3) By 8/31/2009, the parties are jointly to develop and submit to the court a record of the evidence--depositions, stipulations, affidavits, etc.--that they intend the court to rely upon. The record should be sequentially numbered, that is, Bate-stamped, such that the parties and the court can quickly refer to the entire record by page number. (4) The plaintiffs are to file their brief by 9/18/2009. (5) The defendant is to file his brief by 10/9/2009. (6) The plaintiffs may file a reply brief by 10/23/2009. (7) When the parties refer to evidence in their briefs, they must cite the specific document and Bates-stamped page number where the evidence can be found in the evidentiary record. A brief which fails to comply with this requirement will be struck. (8) In light of this agreed-upon disposition without a trial, the parties are no longer required to file dispositive motions, that is, summary judgment or dismissal motions. Signed by Honorable Myron H. Thompson on 4/27/2009. (dmn) (Entered: 04/27/2009)
2009-04-27 121 0 ORDER that the plaintiffs' 112 Motion for Leave to Amend the Complaint is granted as further set out in the order. Signed by Honorable Myron H. Thompson on 4/27/2009. (dmn) (Entered: 04/27/2009)
2009-04-27 122 0 AMENDED COMPLAINT Third Amended Complaint against Richard Allen, filed by Michael Cox, Michael Lawson, Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Carl J. Monroe, Joseph Barton Dudley.(Wayland, Edward) (Entered: 04/27/2009)
2009-05-27 123 0 FIRST ANSWER to 122 Amended Complaint FILED by Richard Allen.(Butler, Albert) (Entered: 05/27/2009)
2009-06-02 124 0 Corporate/Conflict Disclosure Statement by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 06/02/2009)
2009-06-05 125 0 MOTION to Strike 123 Answer to Amended Complaint (Paragraph 7) by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 06/05/2009)
2009-06-12 126 0 ORDER re 125 MOTION to Strike. Motion Submission Deadline set for 6/19/2009 without oral argument, with all briefs due by said date. Signed by Honorable Myron H. Thompson on 6/12/2009. (dmn) (Entered: 06/12/2009)
2009-06-15 127 0 RESPONSE in Opposition re 125 MOTION to Strike 123 Answer to Amended Complaint (Paragraph 7) filed by Richard Allen. (Butler, Albert) (Entered: 06/15/2009)
2009-06-19 128 0 REPLY BRIEF re 127 Response in Opposition to Motion, 125 MOTION to Strike 123 Answer to Amended Complaint (Paragraph 7) filed by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 06/19/2009)
2009-06-23 129 0 MOTION to Compel by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Neal, Allison) (Entered: 06/23/2009)
2009-06-24 130 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Brian Mitchell by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 131 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Latrice Greene by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 132 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Ernest H. Marshburn by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 133 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Ronald K. Cavanaugh by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 134 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Stephanie Atchison by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 135 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Donald M. Dietz by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-24 136 0 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.] NOTICE to Take Deposition of Gwen Mosley by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley.(Kelim, Kyla) Modified on 6/25/2009 (dmn). (Entered: 06/24/2009)
2009-06-25 137 0 NOTICE of Non-Compliance re 130 Notice to Take Deposition, 131 Notice to Take Deposition, 132 Notice to Take Deposition, 133 Notice to Take Deposition, 134 Notice to Take Deposition, 135 Notice to Take Deposition, and 136 Notice to Take Deposition. The referenced pleadings are discovery and are not allowed pursuant to Local Rule 5.1 NON-FILING OF CIVIL DISCOVERY. The referenced pleadings are hereby STRICKEN from the record and the parties are instructed to disregard the entries of these pleadings on the court's docket.(Attachments: #(1) Local Rule 5.1 NON-FILING of Civil Discovery) (dmn) (Entered: 06/25/2009)
2009-06-25 138 0 ORDER re Plaintiff's 129 MOTION to Compel. ORDERED that the parties shall meet and confer in an attempt to resolve the discovery issues and file a joint report with the Court detailing which issues still remain unresolved and the parties positions on each remaining issue. This report shall be filed no later than 7/7/2009. At that time, the issues will be deemed submitted and no other briefing on those issues will be considered. Motion Submission Deadline set for 7/7/2009 Status Report due by 7/7/2009. Signed by Honorable Wallace Capel, Jr. on 6/25/2009. (dmn) (Entered: 06/25/2009)
2009-07-07 139 0 Response to 138 Order to Meet and Confer and Report to the Court Regarding Plaintiffs' Motion to Compel "Joint Report of the Parties Regarding Their Discovery Dispute" by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) [Modified on 7/7/2009 to create a relationship to Doc. 138 .-DMN] (Entered: 07/07/2009)
2009-07-08 140 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Motion Hearing held on 7/8/2009 re 125 MOTION to Strike 123 Answer to Amended Complaint (Paragraph 7) filed by Michael Lawson, Leon Perry, Terry Lee Presley, John Ward, Joseph Barton Dudley, Larry Dansby, Michael Cox, Carl J. Monroe, Mark Lingenfelter (PDF available for court use only). (Court Reporter Risa Entrekin.) (ag, ) (Entered: 07/08/2009)
2009-07-10 141 0 ORDER: By agreement of the parties made during an on-the-record telephone conference on 7/8/2009, it is ORDERED as follows: (1) Defendant is to file an amended answer by no later than 7/22/2009. (2) Plaintiff's 125 Motion to Strike is denied. Signed by Honorable Myron H. Thompson on 7/10/2009. (dmn) (Entered: 07/10/2009)
2009-07-17 142 0 MOTION to Withdraw 129 MOTION to Compel by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 07/17/2009)
2009-07-17 143 0 ORDER granting Plaintiff's 142 Motion to Withdraw 129 Motion to Compel. Signed by Honorable Wallace Capel, Jr. on 7/17/2009. (dmn) (Entered: 07/17/2009)
2009-07-21 144 0 AMENDED ANSWER to 3RD AMENDED COMPLAINT by Richard Allen. (Butler, Albert) (Entered: 07/21/2009)
2009-08-31 145 0 JOINT SUBMISSION OF THE RECORD. (Attachments: # 1 Table of Contents, # 2 ADOC Documents, # 3 Deft's First Interrogatories, # 4 Bullard's Response to Interrogatories, # 5 Dansby's Response to Interrogatories, # 6 Dudley's Response to Interrogatories, # 7 Lingenfelter's Response to Interrogatories, # 8 Monroe's Response to Interrogatories, # 9 Rerry's Response to Interrogatories, # 10 Presley's Response to Interrogatories, # 11 Ward's Response to Interrogatories, # 12 Pla First Set Interrogatories, # 13 Deft Response to Interrogatories, # 14 Pla Second Set Interrogatories, # 15 Deft Response to Second Set Interrogatories, # 16 Deposition of Jeff Brown, # 17 Deposition of William Keith Bullard, # 18 Deposition of Michael Cox, # 19 Deposition of Larry Dansby, # 20 Deposition of Joseph Dudley, # 21 Deposition of Ricky Eddins, # 22 Deposition of John Hornsby, # 23 Deposition of Mark Lingenfelter, # 24 Deposition of Carl Monroe, # 25 Deposition of Leon Perry, # 26 Deposition of Terry Presley, # 27 Deposition of John Ward, # 28 Deposition Exhibit List, # 29 Deposition of Stephanie Atchison w/Exhibits attached, # 30 Deposition of Louis Boyd w/Exhibits, # 31 Deposition of Ronald Cavanaugh w/Exhibits, # 32 Deposition of Donald Dietz w/Exhibits, # 33 Deposition of Latrice Greene w/Exhibits, # 34 Deposition of Ernest Marshburn w/Exhibits, # 35 Deposition of Brian Mitchell w/Exhibits, # 36 Deposition of Gwendolyn Mosley w/Exhibits, # 37 Deposition of Stephanie Scott w/Exhibits)(cc, ) (Entered: 09/03/2009)
2009-08-31 146 0 JOINT SUBMISSION OF THE RECORD con't.-Part 2 Plaintiff's Documents - Bullard (Attachments: # 1 Plaintiff's Documents - Cline, # 2 Plaintiff's Documents - Cox, # 3 Defendant's Documents - Cox, # 4 Plaintiff's Documents - Dansby, # 5 Defendant's Documents - Dansby, # 6 Plaintiff's Documents - Dudley, # 7 Defendant's Documents - Dudley, # 8 Plaintiff's Documents - Lawson, # 9 Defendant's Documents - Lawson, # 10 Plaintiff's Documents - Lingenfelter, # 11 Defendant's Documents - Lingenfelter, # 12 Plaintiff's Documents - Monroe, # 13 Defendant's Documents - Monroe, # 14 Plaintiff's Documents - Parker, # 15 Plaintiff's Documents - Perry, # 16 Defendant's Documents - Perry, # 17 Plaintiff's Documents - Presley, # 18 Defendant's Documents - Presley, # 19 Plaintiff's Documents - Ward, # 20 Defendant's Documents - Ward, # 21 Docs Relating to Other Inmates - Part 1, # 22 Docs Relating to Other Inmates - Part 2, # 23 Docs Relating to Other Inmates - Part 3, # 24 Twarog v. Haley - Settlement Agreement, # 25 Twarog v. Haley - Joint Stipulation Dismissal, # 26 Twarog v. Haley - Order, # 27 Plaintiff's Expert Reports - November 2007, # 28 Plaintiff's Expert Reports - August 2009)(cc, ). (Entered: 09/03/2009)
2009-09-17 147 0 MOTION for Extension of Deadline Plaintiff's Filing Principal Brief by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Kelim, Kyla) (Entered: 09/17/2009)
2009-09-18 148 0 BRIEF/MEMORANDUM in Support of the Entry of Judgment for the Plaintiffs filed by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Wayland, Edward) (Entered: 09/18/2009)
2009-09-24 149 0 ORDER that the 147 Motion to Extend Time is denied as moot. Signed by Honorable Myron H. Thompson on 9/24/2009. (dmn) (Entered: 09/24/2009)
2009-10-09 150 0 REPLY BRIEF re 148 BRIEF/MEMORANDUM in Support of Defendant and Request for Judgment filed by Richard Allen. (Butler, Albert) (Entered: 10/09/2009)
2009-10-23 151 0 REPLY BRIEF filed by Larry Dansby, Mark Lingenfelter, Leon Perry, Terry Lee Presley, John Ward, Michael Cox, Michael Lawson, Carl J. Monroe, Joseph Barton Dudley. (Attachments: # 1 Exhibit Declaration of John Ward)(Wayland, Edward) (Entered: 10/23/2009)
2009-12-16 152 0 Minute Entry for proceedings held before Judge Honorable Myron H. Thompson: Telephone Conference held on 12/16/2009 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 12/16/2009)
2009-12-17 153 0 ORDERED that on or before 1/4/10, defendant Richard Allen is to amend his 151 Reply Brief to comply with the submission requirement established by this court as further set out. Signed by Honorable Myron H. Thompson on 12/17/09. (sl, ) (Entered: 12/17/2009)
2010-01-04 154 0 REPLY BRIEF Supplemental filed by Richard Allen. (Butler, Albert) (Entered: 01/04/2010)
2012-05-18 155 0 MOTION for a Status Conference by Michael Cox, Larry Dansby, Joseph Barton Dudley, Michael Lawson, Mark Lingenfelter, Carl J. Monroe, Leon Perry, Terry Lee Presley, John Ward. (Wayland, Edward) (Entered: 05/18/2012) 2012-12-10 23:39:29 8938d5057b9cb900265bc3d37cdd3710f7cf3746
2012-11-19 156 0 MOTION to Dismiss Plaintiffs Presley and Ward, to Substitute a Party Defendant, and Amended Motion for a Status Conference (see doc. 155 ) by Michael Cox, Larry Dansby, Joseph Barton Dudley, Michael Lawson, Mark Lingenfelter, Carl J. Monroe, Leon Perry, Terry Lee Presley, John Ward. (Wayland, Edward) [Modified on 11/20/2012 to create link to Doc. 27 .-dmn] (Entered: 11/19/2012)