Vermont District Court, Case No. 1:04-cv-00335-jgm-jjn:
McGee v. Gold, et al

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No Logo David McGee, Plaintiff

Matthew F. Valerio
Phone: +1 802 828 3160

Seth E. Lipschutz
Phone: +1 802 828 3194

No Logo Jacob Sexton, Plaintiff

Seth E. Lipschutz
Phone: +1 802 828 3194

No Logo Anita Carbenelle, Defendant

No attorney information is available for this party.

No Logo Carol Callea, Defendant

No attorney information is available for this party.

No Logo Celeste Girrell, Defendant

April E. Schwendler
Office of the Vermont Attorney General
Phone: +1 802 241 2608
E-Mail: april.schwendler@doc.state.vt.us

No Logo Daniel Florentine, Defendant

No attorney information is available for this party.

No Logo John Gorczyk, Defendant

No attorney information is available for this party.

No Logo Kathleen Lanman, Defendant

No attorney information is available for this party.

No Logo Keith Tallon, Defendant

April E. Schwendler
Office of the Vermont Attorney General
Phone: +1 802 241 2608
E-Mail: april.schwendler@doc.state.vt.us

No Logo Michael O'Malley, Defendant

No attorney information is available for this party.

No Logo Raymond Flum, Defendant

No attorney information is available for this party.

No Logo Robert Hofmann, Defendant

April E. Schwendler
Office of the Vermont Attorney General
Phone: +1 802 241 2608
E-Mail: april.schwendler@doc.state.vt.us

No Logo Steven Gold, Defendant

April E. Schwendler
Office of the Vermont Attorney General
Phone: +1 802 241 2608
E-Mail: april.schwendler@doc.state.vt.us

No Logo Stuart Gladding, Defendant

No attorney information is available for this party.

No Logo Kevin Kimber, Intervenor Plaintiff

Matthew F. Valerio
Phone: +1 802 828 3160

Seth E. Lipschutz
Phone: +1 802 828 3194

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Office Brattleboro
Filed 12/8/2004
Jury Demand Both
Demand $0
Nature of Suit 555 - Prisoner: Prison Condition
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition
County Windsor
Terminated
Origin 1
Reopened
Lead Case
104-cv-00335-jgm-jjn None
Related Case
Other Court Case None
Def Custody Status
Flags CASREF, LEAD-CASE
 -- Filed: 12/8/2004, Entered: 12/8/2004 File Transferred
File sent to Burlington (law)
PDF 1 Filed: 12/8/2004, Entered: 12/8/2004, Terminated: 12/9/2004 Motion for Leave to Proceed in forma pauperis
MOTION by pltf David McGee for Leave to Proceed in Forma Pauperis (law)
PDF 2 Filed: 12/8/2004, Entered: 12/8/2004 Affidavit
APPLICATION TO PROCEED WITHOUT PREPAYMENT AND AFFIDAVIT of David McGee by pltf David McGee re: [1-1] motion for Leave to Proceed in Forma Pauperis (law)
PDF 3 Filed: 12/8/2004, Entered: 12/8/2004 Notice of Appearance
NOTICE OF PRO SE APPEARANCE by plaintiff David McGee (law)
 15 Filed: 12/8/2004, Entered: 3/1/2005 Case Referred to Magistrate Judge Court Filing
CASE REFERRED to Magistrate Judge Jerome J. Niedermeier. (jjj, )
PDF 4 Filed: 12/9/2004, Entered: 12/9/2004 Order Directing Prisoner Payment
ORDER ON FEE PAYMENT re: [1-1] motion for Leave to Proceed in Forma Pauperis ; Cy to parties and Comr of Corrections (law)
PDF 5 Filed: 12/9/2004, Entered: 12/9/2004 Order Court Filing
ORDER granting [1-1] motion for Leave to Proceed in Forma Pauperis ( District Judge J. G. Murtha ) [EOD Date 12/9/04] Cy to parties (law)
PDF 6 Filed: 12/9/2004, Entered: 12/9/2004 Complaint
COMPLAINT ; filing fee - IFP (waiver(s) Issued) (law)
PDF 7 Filed: 12/9/2004, Entered: 12/9/2004, Terminated: 7/13/2005 Motion to Appoint Counsel
MOTION by pltf David McGee for Appointment of Counsel (law)
PDF 8 Filed: 1/12/2005, Entered: 1/12/2005 Notice of Change of Address
NOTICE of Change of Address by David McGee (law, )
PDF 9 Filed: 1/28/2005, Entered: 1/28/2005 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by David McGee. Celeste Girrell (Official Capacity) waiver sent on 12/27/2004, answer due 2/25/2005. (jlh, )
PDF 10 Filed: 1/28/2005, Entered: 1/28/2005 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by David McGee, as to Celeste Girrell (Individual Capacity). (jlh, )
PDF 11 Filed: 1/31/2005, Entered: 2/3/2005 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by David McGee. Steven Gold served in both individual and official capacities. Waiver sent on 12/27/2004, answer due 2/25/2005. (jse, )
PACER 12 Filed: 2/4/2005, Entered: 2/4/2005 Memorandum in Support
SECOND SUPPLEMENT TO MOTION FOR APPOINMENT OF COUNSEL by David McGee, in support of [7] Motion to Appoint Counsel. (Attachments: # (1) Attatchment)(jlh, )
PDF 13 Filed: 2/4/2005, Entered: 2/7/2005 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by David McGee as to Keith Tallon in both his individual and official capacity. Keith Tallon waiver sent on 12/27/2004, answer due 2/25/2005. (jlh, )
PDF 14 Filed: 2/23/2005, Entered: 2/23/2005, Terminated: 7/13/2005 Motion to Dismiss
MOTION to Dismiss by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 3/9/2005 (jlh, )
PDF 16 Filed: 3/14/2005, Entered: 3/14/2005, Terminated: 3/30/2005 Motion for Extension of Time to File Response/Repl
MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss AND for Injunction to Allow Communication by David McGee. Responses due by 3/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 17 Filed: 3/14/2005, Entered: 3/28/2005, Terminated: 3/30/2005 Motion for Miscellaneous Relief
MOTION for Injuction to allow communication by David McGee. Responses due by 3/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 18 Filed: 3/25/2005, Entered: 3/28/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [17] MOTION for Injuction to allow communication filed by David McGee. (jlh, ) Additional attachment(s) added on 4/1/2005 (jse, ).
PDF 19 Filed: 3/25/2005, Entered: 3/29/2005, Terminated: 5/9/2005 Motion to Intervene
MOTION to Be Added as a Co-Plaintiff by Frederick R Reed. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
PDF 20 Filed: 3/25/2005, Entered: 3/29/2005 Motion to Intervene
MOTION to Be Added as a Co-Plaintiff by Leroy W. Hughes. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
PDF 21 Filed: 3/25/2005, Entered: 3/29/2005 Motion to Intervene
MOTION to Be Added as a Co-Plaintiff by Alfonso Garcia. Responses due by 4/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
 -- Filed: 3/29/2005, Entered: 3/29/2005 Docket Annotation
MAILED copy of Document Numbers 19, 20 and 21 to Matthew Viens, Esq. for defendants. (law, )
 -- Filed: 3/29/2005, Entered: 3/29/2005 Docket Annotation
MAILED copy of Doc No. 22 through Doc No 25 to Matthew Viens, Esq on behalf of defendant. (jlh, )
PDF 22 Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 Motion to Intervene
MOTION to Be Added as a Co-Plaintiff by James Anderson. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 23 Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 Motion to Intervene
MOTION to Be Added as a Co-Plaintiff by Daniel Muir. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 24 Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 Motion to Intervene
MOTION to Be Added as Co-Plaintiff by Donald Cross. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 25 Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 Motion to Intervene
MOTION to be Added as Co-Plaintiff by Mark D Dunbar. Responses due by 4/12/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
 26 Filed: 3/30/2005, Entered: 3/30/2005 Order on Motion for Extension of Time to File Resp Court Filing
ORDER granting [16] Motion for Extension of Time to File Response/Reply re [14] MOTION to Dismiss Responses due by 5/10/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1.. Signed by Judge Jerome J. Niedermeier on 3/30/05. (This is a text only Order.) (jjj, )
PDF 27 Filed: 3/30/2005, Entered: 3/30/2005 Order on Motion for Miscellaneous Relief Court Filing
ORDER denying [17] Motion to allow plaintiff to communicate with other inmates. Granting [16] Motion for an extension of time to respond to the defendants' motion to dismiss. Plaintiff shall file his reply to the motion to dismiss by 5/13/2005. Signed by Judge Jerome J. Niedermeier on 3/30/2005. (jlh, )
PDF 28 Filed: 5/2/2005, Entered: 5/2/2005, Terminated: 5/11/2005 Motion for Extension of Time to File Response/Repl
MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss by David McGee. Responses due by 5/16/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PACER 29 Filed: 5/2/2005, Entered: 5/2/2005 Affidavit
DECLARATION of David McGee in re: [28] MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss by David McGee.. (jlh, ) Additional attachment(s) added on 5/2/2005 (jse, ).
PDF 30 Filed: 5/2/2005, Entered: 5/2/2005 Certificate of Service
CERTIFICATE OF SERVICE by David McGee in re: Second Supplement to Motion for Appointment of Counsel, Second motion for an extension of time and declaration in support of motion for extension of time and claim of denial of access to courts with 23 attachments. (jlh, )
 31 Filed: 5/9/2005, Entered: 5/9/2005 Order on Motion to Intervene Court Filing
ORDER granting [19] Motion to Intervene, granting [20] Motion to Intervene, granting [21] Motion to Intervene, granting [22] Motion to Intervene, granting [23] Motion to Intervene, granting [24] Motion to Intervene, granting [25] Motion to Intervene . Signed by Judge Jerome J. Niedermeier on 05/09/05. (This is a text only Order.) (mld, )
 -- Filed: 5/11/2005, Entered: 5/13/2005 Set Motion and R&R Deadlines/Hearings
Reset Response Deadline as to [14] MOTION to Dismiss. Responses due by 6/10/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
 32 Filed: 5/11/2005, Entered: 5/11/2005 Order on Motion for Extension of Time to File Resp Court Filing
ORDER granting [28] Motion for Extension of Time to File Response/Reply re [14] MOTION to Dismiss. Signed by Judge Jerome J. Niedermeier on 05/11/05. (This is a text only Order.) (mld, )
PDF 33 Filed: 5/13/2005, Entered: 5/16/2005 Motion for Preliminary Injunction
MOTION for Preliminary Injunction by David McGee. Responses due by 5/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 34 Filed: 5/13/2005, Entered: 5/16/2005 Memorandum in Support
MEMORANDUM by David McGee in support of [28] MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss. (This is the same filing as Doc No. 33). (jlh, )
PACER 35 Filed: 5/13/2005, Entered: 5/16/2005 Memorandum in Support
MEMORANDUM by David McGee in support of [28] MOTION for Extension of Time to File Response/Reply as to [14] MOTION to Dismiss, [33] MOTION for Preliminary Injunction. (Attachments: # (1) Attachment 1# (2) Attachment 2)(jlh, )
PDF 37 Filed: 5/23/2005, Entered: 5/25/2005 Motion for Joinder
MOTION for Permissive Joinder by David McGee and Byron Martin to join case with 1:05-cv-28. Responses due by 6/7/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, ) Modified on 5/26/2005 (jse, ).
PDF 38 Filed: 6/7/2005, Entered: 6/8/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [37] MOTION for Joinder filed by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, )
PDF 39 Filed: 6/21/2005, Entered: 6/21/2005, Terminated: 7/13/2005 Report and Recommendation Court Filing
REPORT AND RECOMMENDATIONS in re [37] MOTION for Joinder filed by David McGee, [33] MOTION for Preliminary Injunction filed by David McGee, [14] MOTION to Dismiss filed by Celeste Girrell,, Keith Tallon,, Steven Gold, [7] Motion to Appoint Counsel filed by David McGee. Objections to R&R due by 7/6/2005. Signed by Judge Jerome J. Niedermeier on 6/21/2005. (jlh, )
PDF 40 Filed: 6/28/2005, Entered: 6/28/2005, Terminated: 9/26/2005 Motion to Appoint Counsel
MOTION to Appoint Counsel by James Anderson. Responses due by 7/13/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 41 Filed: 7/6/2005, Entered: 7/8/2005, Terminated: 8/16/2005 Motion to Intervene
MOTION to be added as Co-Plaintiff by Christopher Alan Smith. Responses due by 7/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (No Certificate of Service provided with this filing. Copy of motion sent to Defendants)(jlh, )
PDF 42 Filed: 7/8/2005, Entered: 7/8/2005 Objection to Report and Recommendations
OBJECTION to [39] Report and Recommendations by David McGee. (jlh, )
PDF 43 Filed: 7/8/2005, Entered: 7/8/2005, Terminated: 9/26/2005 Motion to Appoint Counsel
MOTION to Appoint Counsel, MOTION for Class Action Certification in re [6] Complaint by David McGee. Responses due by 7/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PACER 44 Filed: 7/8/2005, Entered: 7/8/2005 Affidavit
DECLARATION of David McGee in support of [43] MOTION to Appoint Counsel MOTION for Class Action Certification in re [6] Complaint by David McGee. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(jlh, )
PACER 45 Filed: 7/8/2005, Entered: 7/8/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [14] MOTION to Dismiss filed by David McGee. (THIS IS THE SAME IMAGE AS PREVIOUS ENTRY) (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(jlh, )
PACER 46 Filed: 7/8/2005, Entered: 7/8/2005 Memorandum in Support
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF JUSTICIABILITY OF CLAIMS AND CLASS ACTION ALLEGATIONS, AND IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PURSUANT TO F.R.C.P. 12(b)(1) by David McGee in support of [45] Response in Opposition to Motion, [43] MOTION to Appoint Counsel MOTION for Class Action Certification in re [6] Complaint. (Attachments: # (1) Main Document - Part 2 of 2)(jlh, )
PDF 47 Filed: 7/8/2005, Entered: 7/8/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [14] MOTION to Dismiss filed by David McGee. (jlh, )
PDF 48 Filed: 7/8/2005, Entered: 7/8/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [14] MOTION to Dismiss filed by David McGee. (jlh, )
PDF 49 Filed: 7/8/2005, Entered: 7/8/2005, Terminated: 8/16/2005 Motion to Amend/Correct
MOTION to Amend [6] Complaint by David McGee. Responses due by 7/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 50 Filed: 7/13/2005, Entered: 7/13/2005 Order Adopting Report and Recommendation Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS [39] - granting in part & denying in part [37] Motion for Permissive Joinder filed by David McGee and Byron Martin (the Court will not consolidate this case brought by Martin but Martin will be added as an intervenor-pltf); denying as moot [33] Motion for Preliminary Injunction filed by David McGee and [7] Motion for Appointment of Counsel; granting [14] Motion to Dismiss filed by Celeste Girrell, Keith Tallon, Steven Gold as to pltf McGee (this case shall not be dismissed w/respect to the intervenor-pltfs). Signed by Judge J. Garvan Murtha on 13th day of June, 2005. (law, )
PDF 51 Filed: 8/12/2005, Entered: 8/12/2005, Terminated: 10/31/2005 Notice of Interlocutory Appeal
NOTICE OF INTERLOCUTORY APPEAL as to [50] Order Adopting Report and Recommendations, by David McGee, pro se. Filing fee: Not paid. Court Reporter: None. (cwb)
PDF 52 Filed: 8/12/2005, Entered: 8/15/2005, Terminated: 8/16/2005 Motion for Reconsideration
MOTION for Reconsideration [50] Order Adopting Report and Recommendations re: Appeal by David McGee. Responses due by 8/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
 53 Filed: 8/16/2005, Entered: 8/16/2005 Order on Motion for Reconsideration Court Filing
ORDER granting [52] Motion for Reconsideration. Upon reconsideration, the Court's prior ruling is AFFIRMED. Signed by Judge J. Garvan Murtha on 8/16/2005. (This is a text only Order.) (kbl, )
PDF 54 Filed: 8/16/2005, Entered: 8/16/2005, Terminated: 8/24/2005 Order on Motion to Intervene Court Filing
ORDER granting [41] Motion to Intervene, granting [49] Motion to Amend. McGee shall file his amended complaint within 30 days of the date of this Order. The defendants shall provide to the Court, within 30 days of the date of this Order, facts pertaining to constant illumination in Vermont prisons as set forth in this order. Signed by Judge Jerome J. Niedermeier on 8/16/2005. (jlh, )
PDF 55 Filed: 8/24/2005, Entered: 8/25/2005 Motion for Reconsideration
MOTION to Reconsider [54] Order (granting [41] Motion to Intervene, granting [49] Motion to Amend) by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 9/8/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law)
PDF 56 Filed: 8/29/2005, Entered: 8/29/2005, Terminated: 10/31/2005 Appeal Record Sent to USCA
Appeal Record Sent to USCA (Electronic File). Indexed record on Appeal Files for [51] Notice of Interlocutory Appeal, were transmitted to the U.S. Court of Appeals. (cwb)
PDF 57 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Paul Mason. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 58 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Daniel Wilder. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 59 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Jake Desjadon. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 60 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Jose M. Torres, Jr. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 61 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Robert Phelps. Responses due by 9/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 62 Filed: 9/12/2005, Entered: 9/12/2005 Response in Opposition to Motion
RESPONSE in Opposition in re [55] MOTION for Reconsideration in re [54] Order on Motion to Intervene, Order on Motion to Amend, filed by David McGee. (jlh, )
PDF 63 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Travis Marsh. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 64 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Kevin Kimber. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 65 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by William Beattie. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 66 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by David Harrison. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 67 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Ronald Real. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 68 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Ernie Sinclair. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 69 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Sean Duffey, Sr. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 70 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Warren Thompson. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 71 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Steven Gay. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 72 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Timothy J Arbuckle. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 73 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Ervin Snide. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 74 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by David Haselton. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 75 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Brian Coyle. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 76 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Arthur Magoon. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 77 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Amos Wallen. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 78 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Stephen Bain. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 79 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Richard Pahl. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 80 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Lance Mason. Responses due by 9/27/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 81 Filed: 9/14/2005, Entered: 9/14/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Lane Gershameck. Responses due by 9/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 82 Filed: 9/15/2005, Entered: 9/15/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Douglas Sargent. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 83 Filed: 9/15/2005, Entered: 9/15/2005 Notice (Other)
NOTICE OF CLASS ACTION LAWSUIT by Dana Eaton (jlh, )
PDF 84 Filed: 9/15/2005, Entered: 9/15/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Dana Eaton. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 85 Filed: 9/15/2005, Entered: 9/15/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Patrick Zivitski. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 86 Filed: 9/15/2005, Entered: 9/15/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Kevin vargas. Responses due by 9/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 87 Filed: 9/16/2005, Entered: 9/16/2005 Response
RESPONSE to [54] Order by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, )
PDF 88 Filed: 9/20/2005, Entered: 9/20/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Alfred Brochu. Responses due by 10/4/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 89 Filed: 9/20/2005, Entered: 9/20/2005, Terminated: 9/26/2005 Motion to Intervene
MOTION to Intervene by Jeremy Robitaille. Responses due by 10/4/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 90 Filed: 9/22/2005, Entered: 9/22/2005, Terminated: 9/23/2005 Motion to Extend Time
MOTION to Extend Time to file Amended Complaint by David McGee. Responses due by 10/6/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
 -- Filed: 9/23/2005, Entered: 9/23/2005 Set Deadlines/Hearings
Set Deadlines: Amended Complaint due by 10/5/2005. (jlh, )
 91 Filed: 9/23/2005, Entered: 9/23/2005 Order on Motion to Extend Time Court Filing
ORDER granting [90] Motion to Extend Time until October 5. Signed by Judge Jerome J. Niedermeier on 09/23/05. (This is a text only Order.) (mld)
PDF 92 Filed: 9/26/2005, Entered: 9/26/2005, Terminated: 10/4/2005 Order on Motion to Appoint Counsel Court Filing
ORDER denying [40] Motion to Appoint Counsel. Denying [43] Motion to Appoint Counsel. Denying [43] Motion for Class Certification. Granting [55] Motion for Reconsideration, and the Court's prior ruling (Doc No 54) is Affirmed. Granting the Motions to Intervene (Doc Nos 57-61, 63-82, 84-86, 88-89). Signed by Judge Jerome J. Niedermeier on 9/26/2005. (jlh, )
PDF 93 Filed: 9/27/2005, Entered: 9/28/2005 Mail Returned
Mail Returned as Undeliverable in re: [91] Order on Motion to Extend Time. Mail sent to Lane Gershameck (jlh, )
PDF 94 Filed: 9/29/2005, Entered: 9/29/2005, Terminated: 10/19/2005 Motion to Intervene
MOTION to Intervene by Brian K. LeClair. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 95 Filed: 9/29/2005, Entered: 9/29/2005, Terminated: 10/19/2005 Motion to Intervene
MOTION to Intervene by Raymond Allard. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 96 Filed: 9/29/2005, Entered: 9/29/2005, Terminated: 10/19/2005 Motion to Intervene
MOTION to Intervene by Danual J. Morrow. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 97 Filed: 9/30/2005, Entered: 9/30/2005, Terminated: 10/19/2005 Motion to Intervene
MOTION to Intervene by Thomas N. Karov. Responses due by 10/17/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 98 Filed: 9/30/2005, Entered: 9/30/2005, Terminated: 10/19/2005 Motion to Intervene
MOTION to Intervene by Jared Lee Hoag. Responses due by 10/17/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PACER 99 Filed: 10/3/2005, Entered: 10/3/2005 Amended Complaint
AMENDED COMPLAINT against Steven Gold, Keith Tallon, Celeste Girrell filed by David McGee. (Attachments: # (1) Complaint (Part 2 of 3)# (2) Complaint (Part 3 of 3))(jlh, )
PDF 102 Filed: 10/4/2005, Entered: 10/5/2005 Mail Returned
Mail sent to Lane Gershaneck Returned as Undeliverable re: [92] Order denying [40] Motion to Appoint Counsel. Denying [43] Motion to Appoint Counsel. Denying [43] Motion for Class Certification. Granting [55] Motion for Reconsideration, and the Court's prior ruling (Doc No 54) is Affirmed. Granting the Motions to Intervene (Doc Nos 57-61, 63-82, 84-86, 88-89). Mail resent to Lane Gershaneck at new address provided by DOC. (jlh, )
PDF 100 Filed: 10/5/2005, Entered: 10/5/2005 Mail Returned
Mail sent to Robert Phelps Returned as Undeliverable in re: [92] ORDER denying [40] Motion to Appoint Counsel. Denying [43] Motion to Appoint Counsel. Denying [43] Motion for Class Certification. Granting [55] Motion for Reconsideration, and the Court's prior ruling (Doc No 54) is Affirmed. Granting the Motions to Intervene (Doc Nos 57-61, 63-82, 84-86, 88-89). (jlh, )
 101 Filed: 10/5/2005, Entered: 10/5/2005 Remark
ADDRESS CHANGE: Robert Phelps address changed from Southern State Correctional Facility to 19 Henry St #3, Bellows Falls, VT 05101, pursuant to notification from DOC. Doc No [92] resent to new address. (jlh, )
PDF 103 Filed: 10/12/2005, Entered: 10/13/2005 Motion for Reconsideration
MOTION for Reconsideration in re [92] ORDER denying 40 Motion to Appoint Counsel. Denying 43 Motion to Appoint Counsel. Denying 43 Motion for Class Certification. Granting 55 Motion for Reconsideration, and the Court's prior ruling (Doc No 54) is Affirmed. Granting the Motions to Intervene (Doc Nos 57-61, 63-82, 84-86, 88-89) by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 10/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 104 Filed: 10/14/2005, Entered: 10/14/2005 Answer to Amended Complaint
ANSWER to Amended Complaint by Steven Gold, Keith Tallon, Celeste Girrell.(jlh, )
PDF 105 Filed: 10/19/2005, Entered: 10/19/2005, Terminated: 10/24/2005 Order on Motion to Intervene Court Filing
ORDER denying [94] Motion to Intervene, denying [95] Motion to Intervene, denying [96] Motion to Intervene, denying [97] Motion to Intervene, denying [98] Motion to Intervene, granting in part and denying in part [103] Motion for Reconsideration. The Court will reconsider its rulings on the motions to intervene, but will first allow the defendants an opportunity to respond to those motions. To the extent that the defendants' motion asks the Court to deny based upon inadequate service, their motion is DENIED. Responses to the motions to intervene shall be filed within 10 days of the date of this order. Signed by Judge Jerome J. Niedermeier on 10/19/2005. (jlh, )
PDF 178 Filed: 10/20/2005, Entered: 6/1/2006 Motion to Dismiss Case for Lack of Jurisdiction
MOTION to Dismiss for Lack of Subject Jurisdiction by Keith Tallon, Robert Hofmann. (Transfer of pending motion from member case) (law)
PDF 106 Filed: 10/24/2005, Entered: 10/24/2005 Mail Returned
Mail Returned as Undeliverable in re: [105] ORDER denying 94 Motion to Intervene, denying 95 Motion to Intervene, denying 96 Motion to Intervene, denying 97 Motion to Intervene, denying 98 Motion to Intervene, granting in part and denying in part 103 Motion for Reconsideration. Mail sent to Brian Coyle. (jlh, )
 107 Filed: 10/24/2005, Entered: 10/24/2005 Docket Annotation
Address change as to Brian Coyle from Southern State Correctional Facility to 151 Union Street, Springfield, VT pursuant to notification from Dept of Corrections. Copy of Doc No 105 resent to Intervenor Plaintiff Brian Coyle. (jlh, )
PDF 108 Filed: 10/24/2005, Entered: 10/24/2005 Mail Returned
Mail Returned as Undeliverable in re: [105] ORDER denying [94] Motion to Intervene, denying [95] Motion to Intervene, denying [96] Motion to Intervene, denying [97] Motion to Intervene, denying [98] Motion to Intervene, granting in part and denying in part [103] Motion for Reconsideration. Mail sent to Dana Eaton. (jlh, )
 109 Filed: 10/24/2005, Entered: 10/24/2005 Docket Annotation
Address change as to Dana Eaton from Southern State Correctional Facility to Sunderland Road, Sunderland, VT 05255, pursuant to notification from Dept of Corrections. Copy of Doc No 105 resent to Intervenor Plaintiff Dana Eaton. (jlh, )
PDF 110 Filed: 10/26/2005, Entered: 10/26/2005, Terminated: 12/2/2005 Motion to Intervene
MOTION to Intervene by Brian K. LeClair. Responses due by 11/9/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 111 Filed: 10/26/2005, Entered: 10/26/2005 Mail Returned
Mail Returned as Undeliverable re: [105] Order denying 94 Motion to Intervene, denying 95 Motion to Intervene, denying 96 Motion to Intervene, denying 97 Motion to Intervene, denying 98 Motion to Intervene, granting in part and denying in part 103 Motion for Reconsideration. Mail sent to Christopher Alan Smith. No other address is available to resend to Movant. (jlh, )
PDF 112 Filed: 10/28/2005, Entered: 10/28/2005 Response in Opposition to Motion
OPPOSITION to [103] MOTION for Reconsideration re [92] Order filed by David McGee. (law )
PDF 113 Filed: 10/31/2005, Entered: 10/31/2005 USCA Mandate
MANDATE of USCA (Order entered 10/20/2005; certified copy issued 10/20/2005)Motion to withdraw appeal is GRANTED as to [51] Notice of Interlocutory Appeal filed by David McGee. (gmg)
PDF 114 Filed: 11/2/2005, Entered: 11/3/2005 Response
RESPONSE in re [105] ORDER denying 94 Motion to Intervene, denying 95 Motion to Intervene, denying 96 Motion to Intervene, denying 97 Motion to Intervene, denying 98 Motion to Intervene, granting in part and denying in part 103 Motion for Reconsideration by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, )
PDF 115 Filed: 11/14/2005, Entered: 11/14/2005, Terminated: 11/18/2005 Motion for Miscellaneous Relief
MOTION for an Order Directing Service by U.S. Marshal re [99] Amended Complaint by David McGee. Responses due by 11/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
 116 Filed: 11/15/2005, Entered: 11/15/2005 ISSUED Summons
Waivers Issued as to Robert Hofmann, John Gorczyk, Kathleen Lanman, Michael O'Malley, Anita Carbenelle, Stuart Gladding, Daniel Florentine, Raymond Flum, Carol Callea. (jlh, )
PDF 118 Filed: 11/17/2005, Entered: 11/18/2005 Response
Reply and Opposition to defendants' [114] response to order by David McGee. (jlh, ) Additional attachment(s) added on 11/18/2005 (jse, ).
PDF 117 Filed: 11/18/2005, Entered: 11/18/2005 Affidavit
AFFIDAVIT of Charles Remick. (jlh, )
PDF 119 Filed: 12/1/2005, Entered: 12/2/2005 Order Court Filing
ORDER: The Court hereby APPOINTS Gary L. Franklin, Esq. to represent the plaintiff and intervenor-plaintiffs in this matter. If Attorney Franklin declines this appointment, he should so inform the Court within 10 days of the date of this order. Signed by Judge Jerome J. Niedermeier on 12/1/2005. (Copy of Order to atty Franklin)(jlh, )
 120 Filed: 12/2/2005, Entered: 12/2/2005 Order on Motion to Intervene Court Filing
ORDER granting [110] Motion to Intervene. Signed by Judge Jerome J. Niedermeier on 12/02/05. (This is a text only Order.) (mld)
PDF 121 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by James H Earle. Responses due by 12/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 122 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by Daniel Muller. Responses due by 12/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 123 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 8/8/2006 Motion to Intervene
(Second) Motion to Intervene by Paul Mason. Responses due by 12/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 124 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 8/8/2006 Motion to Intervene
(Second) Motion to Intervene by Kevin Vargas. Responses due by 12/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 125 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 8/8/2006 Motion to Intervene
(Second) Motion to Intervene by Timothy J Arbuckle. Responses due by 12/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 126 Filed: 12/6/2005, Entered: 12/7/2005 Mail Returned
Mail Returned as Undeliverable in re: [119] Order appointing counsel. Mail sent to Arthur Magoon. Mail resent to St. Johnsbury Regional Correctional Facility, 1270 US Route 5, St. Johnsbury, VT 05819. (jlh, )
PDF 127 Filed: 12/6/2005, Entered: 12/7/2005 Mail Returned
Mail Returned as Undeliverable re: [119] Order appointing counsel. Mail sent to Douglas Sargent. Mail resent to 92 Andover Street, Ludlow, VT 05149. (jlh, )
PDF 128 Filed: 12/7/2005, Entered: 12/7/2005, Terminated: 8/8/2006 Motion to Intervene
(Second) Motion to Intervene by Jose M. Torres, Jr. Responses due by 12/21/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 132 Filed: 12/7/2005, Entered: 12/8/2005 Mail Returned
Mail Returned as Undeliverable in re: [119] Order appointing counsel. Mail sent to Dana Eaton, no further information available. (jlh, )
PDF 129 Filed: 12/8/2005, Entered: 12/8/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by Gregory Flake. Responses due by 12/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 130 Filed: 12/8/2005, Entered: 12/8/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by George Arnold. Responses due by 12/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 131 Filed: 12/8/2005, Entered: 12/8/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by Edward J Arnold. Responses due by 12/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 134 Filed: 12/8/2005, Entered: 12/9/2005 Motion to Intervene
MOTION to Intervene by James Schofield. Responses due by 12/22/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 133 Filed: 12/9/2005, Entered: 12/9/2005, Terminated: 8/8/2006 Motion to Intervene
(Second) MOTION to Intervene by Thomas N. Karov. Responses due by 12/23/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 135 Filed: 12/9/2005, Entered: 12/9/2005 Mail Returned
Mail Returned as Undeliverable re: [119] Order appointing counsel. Mail sent to Mark Dunbar (Sent to wrong zip code, resent using correct zipcode.) (jlh, )
PDF 136 Filed: 12/12/2005, Entered: 12/12/2005 Response
RESPONSE declining appointment in re [119] Order appointing counsel by Gary Franklin Esq. (jlh, )
PDF 138 Filed: 12/12/2005, Entered: 12/13/2005 Mail Returned
Mail Returned as Undeliverable re: [119] Order appointing counsel. Mail sent to Lance Mason. Mail resent to address provided by DOC - 10 Catherine St., Burlington, VT. (jlh, )
PDF 140 Filed: 12/12/2005, Entered: 12/19/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to appointment of counsel. Mail sent to Mark Dunbar. (jlh, )
PDF 137 Filed: 12/13/2005, Entered: 12/13/2005, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by Michael J. DeCato. Responses due by 12/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 139 Filed: 12/14/2005, Entered: 12/15/2005 Mail Returned
Mail Returned as Undeliverable re: [119] Order appointing counsel. Mail sent to Mark D. Dunbar (no further information available). (jlh, ) Modified on 12/20/2005 (jse, ).
PDF 141 Filed: 12/19/2005, Entered: 12/20/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to appointment of counsel, mail sent to Arthur Magoon. Mail resent to address provided by DOC: 123 Railroad Street, Apt. #7 St. Johnsbury, VT 05819 (jlh, ) Modified on 12/22/2005 (jse, ).
PDF 142 Filed: 12/22/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable. Mail sent to Daniel Muir. Mail resent to 166 East Allen Street, #2, Winooski, VT 05404 (jlh, )
PDF 143 Filed: 12/27/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to appointment. Mail sent to Amos Wallen. No further information available. (jlh, )
PDF 144 Filed: 12/27/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to appointment. Mail sent to Jeremy Robitaille. According to DOC website, mail resent to Northern State Correctional Facility. (jlh, )
PDF 145 Filed: 12/27/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to Appointment. Mail sent to Jake Desjadon. Pursuant to DOC website mail resent to Northern State Correctional Facility. (jlh)
PDF 146 Filed: 12/27/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to Appointment. Mail sent to Patrick Zivitski, no further information available. (jlh, )
PDF 147 Filed: 12/27/2005, Entered: 12/27/2005 Mail Returned
Mail Returned as Undeliverable re: [136] Response to Appointment. Mail sent to Lance Mason, no further information available. (jlh, )
PDF 148 Filed: 12/29/2005, Entered: 12/29/2005, Terminated: 8/8/2006 Motion to Intervene
Second Motion to Intervene by Danual J. Morrow. Responses due by 1/13/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 149 Filed: 1/3/2006, Entered: 1/3/2006 Mail Returned
Mail Returned as Undeliverable re: [136] Response to Appointment. Mail sent to Amos Wallen, no forwarding information available. (jlh, )
PDF 150 Filed: 1/3/2006, Entered: 1/4/2006 Mail Returned
Mail Returned as Undeliverable re: [119] Order appointing counsel. Mail sent to Amos Wallen. (jlh, )
PDF 151 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Robert Hofmann. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 152 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to John Gorczyk. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, ) Modified on 1/12/2006 (jse, ).
PDF 153 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Anita Carbenelle. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 154 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Stuart Gladding. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 155 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Michael O'Malley. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 156 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Carol Callea. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 157 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Raymond Flum. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 158 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Daniel Florentine. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 159 Filed: 1/10/2006, Entered: 1/11/2006 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Kathleen Lanman. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
PDF 160 Filed: 1/13/2006, Entered: 1/13/2006, Terminated: 8/8/2006 Motion to Intervene
MOTION to Intervene by Clovis Yergeau. Responses due by 1/30/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 161 Filed: 1/24/2006, Entered: 1/24/2006 Order Court Filing
ORDER: The Court hereby APPOINTS Todd Schlossberg, Esq. to represent the plaintiff and intervenor-plaintiffs in this matter. See 28 U.S.C. 1915(e). Attorney Schlossberg may file additional briefing on the class certification question as he deems appropriate . Signed by Judge Jerome J. Niedermeier on 1/24/06. (gmg, )
PDF 162 Filed: 1/25/2006, Entered: 1/25/2006 Letter
Letter from Mathew Viens re: pro-se filings. (jlh, )
PDF 163 Filed: 2/6/2006, Entered: 2/6/2006, Terminated: 2/10/2006 Motion to Withdraw as Attorney
MOTION to Withdraw as Appointed Attorney. Responses due by 2/21/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 164 Filed: 2/7/2006, Entered: 2/7/2006, Terminated: 8/8/2006 Motion to Intervene
(Third) Motion to Intervene by Thomas N. Karov. Responses due by 2/22/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jlh, )
PDF 165 Filed: 2/7/2006, Entered: 2/8/2006 Mail Returned
Mail Returned as Undeliverable re: [161] Order appointing Attorney Schlossberg. Mail resent to new address provided by VT DOC. (jlh, )
 166 Filed: 2/10/2006, Entered: 2/10/2006, Terminated: 3/10/2006 Order on Motion to Withdraw as Attorney Court Filing
ORDER granting [163] Motion to Withdraw as Attorney. Signed by Judge Jerome J. Niedermeier on 02/10/06. (This is a text only Order.) (mld)
PDF 167 Filed: 2/10/2006, Entered: 2/10/2006 Order Court Filing
ORDER appointing the Office of the Vermont Defender General, Prisoner's Rights Office to represent the plaintiff and intervenor-plaintiffs in this matter. Signed by Judge Jerome J. Niedermeier on 2/10/2006. (jlh, )
PDF 168 Filed: 2/16/2006, Entered: 2/16/2006 Mail Returned
Mail sent to George Arnold returned as Undeliverable as to [166] Order on Motion to Withdraw as Attorney and [167] Order Appointing Todd Schlossberg. Mail has been resent to address provided by VT DOC. (jlh) Modified on 2/16/2006 (jse, ).
PDF 169 Filed: 2/16/2006, Entered: 2/16/2006 Mail Returned
Mail sent to George Arnold Returned as Undeliverable re: [161] Order. Order appointing Todd Schlossberg. Mail resent to address provided by VT DOC. (gmg, )
PDF 170 Filed: 2/16/2006, Entered: 2/16/2006 Mail Returned
Mail sent to Ernie Sinclair Returned as Undeliverable re: [166] Order on Motion to Withdraw as Attorney, [167] Order appointing Todd Schlossberg. Mail re-sent to Ernie Sinclair to address provided by VT DOC. (gmg, )
PDF 171 Filed: 2/16/2006, Entered: 2/16/2006 Mail Returned
Mail sent to Ernie Sinclair Returned as Undeliverable re: [161] Order appointing Todd Schlossberg. Mail re-sent to Ernie Sinclair to address provided by VT DOC. (gmg, )
PDF 172 Filed: 3/10/2006, Entered: 3/13/2006 Mail Returned
MAIL RETURNED as Undeliverable as to Christopher Alan Smith re: [166] text only order granting [163] Motion to Withdraw as Attorney and [167] Order appointing office of VT Defender General. (gmg, )
PDF 173 Filed: 4/4/2006, Entered: 4/4/2006 Notice of Hearing
NOTICE of Hearing: Status Conference set for 4/17/2006 10:00 AM in Burlington Chambers 408 before Jerome J. Niedermeier. (jjj, )
 174 Filed: 4/17/2006, Entered: 4/17/2006 Status Conference Court Filing
MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Status Conference held on 4/17/2006. Seth Lipschutz, Esq. and Dawn Seibert, Esq. for pltfs; Matthew Viens, Esq. for defts. Informal discovery to be conducted and a further telephone status conference to be conducted 6/20/06. (Court Reporter taped.) (jjj, )
PDF 175 Filed: 4/17/2006, Entered: 4/17/2006 Notice of Hearing
NOTICE of Hearing: Telephone Status Conference set for 6/20/2006 10:00 AM in Burlington Chambers 408 before Jerome J. Niedermeier. (Cy to non-NEF parties)(jjj, )
PDF 176 Filed: 4/24/2006, Entered: 4/24/2006, Terminated: 5/17/2006 Report and Recommendation Court Filing
REPORT AND RECOMMENDATIONS recommending that Count 2 in [99] Amended Complaint be denied. Objections to R&R due by 5/8/2006. The remainder of the case is hereby CONSOLIDATED with 1:05-cv-231 (1:04-cv-335 is designated as the lead case). Signed by Judge Jerome J. Niedermeier on 21st day of April, 2006. (law)
PDF 177 Filed: 5/17/2006, Entered: 5/17/2006 Order Adopting Report and Recommendation Court Filing
ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's [176] Report and Recommendations. Plaintiff David MCGee's claim that he has been denied access to the courts (Amended Complaint, Count Two) is DISMISSED without prejudice. Further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 05/17/2006. Cy to all parties.(wjf, )
PDF 179 Filed: 6/5/2006, Entered: 6/5/2006 Mail Returned
MAIL Returned as Undeliverable re: [177] Order Adopting Report and Recommendations. Mail sent to Edward J. Arnold. Re-mailed to: Edward J. Arnold, North Fork Correctional Facility, 1605 East Main, Sayre, OK 73662-3122. (gmg, )
 180 Filed: 6/20/2006, Entered: 6/20/2006 Telephone Conference Court Filing
MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Telephone Conference held on 6/20/2006. Present via phone are attorneys Mat Viens and Dawn Scheber. Parties update the court on discovery and status of case. [178] Motion to Dismiss for Lack of Subject Jurisdiction is withdrawn at this time. (Court Reporter taped.) (jlh)
PDF 181 Filed: 7/11/2006, Entered: 7/11/2006, Terminated: 10/16/2006 Motion for Miscellaneous Relief
MOTION for Class Certification by plaintiffs. Responses due by 7/25/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh)
PDF 182 Filed: 7/26/2006, Entered: 7/27/2006 Response in Opposition to Motion
RESPONSE in Opposition to [181] MOTION for Class Action Certification filed by Steven Gold, Keith Tallon, Celeste Girrell,and Robert Hofmann. (jlh)
 183 Filed: 8/8/2006, Entered: 8/8/2006 Order on Motion to Intervene Court Filing
ORDER denying [121] Motion to Intervene as to James H. Earle, denying [122] Motion to Intervene as to Daniel Muller, denying [123] Motion to Intervene as to Paul Mason, denying [124] Motion to Intervene as to Kevin Vargas, denying [125] Motion to Intervene as to Timothy J. Arbuckle, denying [128] Motion to Intervene as to Jose M. Torres, Jr., denying [129] Motion to Intervene as to Gregory Flake, denying [130] Motion to Intervene as to George Arnold, denying [131] Motion to Intervene as to Edward J. Arnold, denying [133] Motion to Intervene as to Thomas N. Karov, denying [134] Motion to Intervene as to James Schofield, denying [137] Motion to Intervene as to Michael J. DeCato, denying [148] Motion to Intervene as to Danual J. Morrow, denying [160] Motion to Intervene as to Clovis Yergeau, denying [164] Motion to Intervene as to Thomas N. Karov. Motions DENIED subject to reconsideration after the Court decides the plaintiffs' motion for class certification. Signed by Judge Jerome J. Niedermeier on 08/08/06. (This is a text only Order.) (mld) Modified on 8/9/2006 (jmm).
PDF 184 Filed: 8/15/2006, Entered: 8/15/2006 Reply to Response to Motion
REPLY to [182] Response to [181] MOTION for Class Certification filed by plaintiffs. (jlh)
PDF 185 Filed: 8/23/2006, Entered: 8/23/2006 Response to Motion
RESPONSE to Plaintiffs' [184] Reply to Defendant's [182] Opposition to [181] MOTION for Class Action Certification by Robert Hofmann. (jlh)
PDF 186 Filed: 8/28/2006, Entered: 8/28/2006 Affidavit
DECLARATION of David McGee. (jlh)
PACER 187 Filed: 9/5/2006, Entered: 9/5/2006 Reply to Response to Motion
RESPONSE to defendant's [185] Response to [181] Motion for Class Action Certification by plaintiffs. (Attachments: # (1) Exhibits)(jlh) Additional attachment(s) added on 9/6/2006 (jmm).
PDF 188 Filed: 9/25/2006, Entered: 9/25/2006, Terminated: 10/16/2006 Report and Recommendation Court Filing
REPORT AND RECOMMENDATION re [181] Motion for Class Certification and [187] Amended Motion for Class Certification. It is recommended that the plaintiffs' motion for class certification (Paper 181) and amended motion for class certification (Paper 187) be GRANTED. I further recommend that the class consist of inmates who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Court has already appointed the Office of the Defender General to represent the plaintiffs, and that office should continue as counsel for the class. Finally, pursuant to Fed. R. Civ. P. 23(c)(2)(A), the Court should not order that notice be provided to the class. Objections to R&R due by 10/10/2006. Signed by Judge Jerome J. Niedermeier on 9/25/06. (jjj) Modified on 9/26/2006 (jmm).
PDF 189 Filed: 10/16/2006, Entered: 10/16/2006 Order Adopting Report and Recommendation Court Filing
ORDER AFFIRMING, APPROVING and ADOPTING [188] Magistrate Judge's REPORT AND RECOMMENDATIONS for granting [181] Motion for Class Certification and [187] Amended Motion for Class Certification. The class shall consist of inmates who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Office of the Defender General shall continue as counsel for the class. The Court declines to order direct appropriate notice to the class. This matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 10/13/2006. Cys to counsel.(kak)
PDF 190 Filed: 2/8/2007, Entered: 2/8/2007 Notice of Hearing
NOTICE of Hearing:Telephone Status Conference set for 2/14/2007 10:00 AM in Burlington Chambers 408 before Hon. Jerome J. Niedermeier. (jjj)
PDF 191 Filed: 2/16/2007, Entered: 2/16/2007 Notice of Hearing
NOTICE of Hearing: telephone Status Conference set for 2/21/2007 11:00 AM in Burlington Chambers 408 before Hon. Jerome J. Niedermeier. (jjj)
 192 Filed: 2/21/2007, Entered: 2/22/2007 Status Conference Court Filing
MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Telephone Status Conference held on 2/21/2007. Dawn Seibert, Esq. for pltfs; Matthew Viens, Esq. for defts. ORDERED: Amended complaint to be filed by 3/16/07 and a stipulated discovery schedule by 4/1/07. (Court Reporter: none) (jjj)
 -- Filed: 2/22/2007, Entered: 2/22/2007 Set/Reset Deadlines
Set/Reset Deadlines: Amended Complaint due by 3/16/2007. Joint Proposed Discovery Schedule due by 4/2/2007. (jjj,)
PDF 193 Filed: 3/19/2007, Entered: 3/19/2007, Terminated: 3/22/2007 Motion for Extension of Time to Amend
MOTION to Extend Time until April 15, 2007 to File Amended Complaint by David McGee, James Anderson, Daniel Muir, Jose M. Torres, Jr, Kevin Kimber, Richard Pahl, Jacob Sexton.(jmm)
 -- Filed: 3/22/2007, Entered: 3/23/2007 Set/Reset Deadlines
Reset Deadlines: Amended Complaint due by 4/15/2007. (jlh)
 194 Filed: 3/22/2007, Entered: 3/22/2007 Order on Motion for Extension of Time to Amend Court Filing
ORDER granting [193] Motion for Extension of Time to file Amended Complaint until 4/15/2007. Signed by Judge Jerome J. Niedermeier on 3/22/2007. (This is a text only Order.) (jlh)
PDF 195 Filed: 4/16/2007, Entered: 4/17/2007 Amended Complaint
SECOND AMENDED COMPLAINT for Declaratory and Injunctive Relief by David McGee and Jacob Sexton against Steven Gold, Keith Tallon, Celeste Girrell, Robert Hofmann, John Gorczyk, Kathleen Lanman, Michael O'Malley, Anita Carbenelle, Stuart Gladding, Daniel Florentine, Raymond Flum, and Carol Callea.(jlh) Individual parties specified on 4/19/2007. (jmm)
 -- Filed: 5/11/2007, Entered: 5/11/2007 Set Deadlines/Hearings
Set Deadlines/Hearings: Joint Proposed Discovery due by 6/11/2007. (law)
PDF 196 Filed: 5/11/2007, Entered: 5/11/2007 Answer to Amended Complaint
ANSWER to Second Amended Complaint by Robert Hofmann.(law)
PDF 197 Filed: 6/19/2007, Entered: 6/19/2007 Order Court Filing
ORDER: Proposed Amended Discovery Schedule due within 10 days. Signed by Judge Jerome J. Niedermeier on 06/19/2007. (jlh)
PDF 198 Filed: 7/3/2007, Entered: 7/3/2007, Terminated: 7/10/2007 Motion for Extension of Time to Complete Discovery
UNOPPOSED MOTION for Extension of Time to submit a Proposed Discovery Schedule by David McGee and Jacob Sexton.(jlh)
 -- Filed: 7/10/2007, Entered: 7/10/2007 Set Deadlines/Hearings
Set Deadlines: Proposed Stipulated Discovery Schedule due by 9/20/2007. (jlh)
 199 Filed: 7/10/2007, Entered: 7/10/2007 Order on Motion for Extension of Time to Complete Court Filing
ORDER granting [198] Motion for Extension of Time to Complete Discovery. Signed by Judge Jerome J. Niedermeier on 07/10/07. (This is a text only Order.) (mld)
PDF 200 Filed: 9/10/2007, Entered: 9/11/2007 Letter
LETTER from Kevin A. Kimber re: sleeping centers. (law)
PDF 201 Filed: 9/25/2007, Entered: 9/25/2007, Terminated: 9/26/2007 Motion for Extension of Time to Complete Discovery
UNOPPOSED MOTION for Extension of Time to File Discovery Schedule by David McGee, Kevin Kimber and Jacob Sexton.(jlh)
 202 Filed: 9/26/2007, Entered: 9/26/2007 Order on Motion for Extension of Time to Complete Court Filing
ORDER granting [201] Unopposed Motion for Extension of Time to Complete Discovery. Signed by Judge Jerome J. Niedermeier on 09/26/07. (This is a text only Order.) (mld)
 -- Filed: 10/9/2007, Entered: 10/9/2007 Stipulated Discovery Schedule/Order (proposed)
RECEIVED (proposed) Stipulated Discovery Schedule/Order by David McGee, Steven Gold, Keith Tallon, Celeste Girrell, Kevin Kimber, Robert Hofmann, John Gorczyk, Kathleen Lanman, Michael O'Malley, Anita Carbenelle, Stuart Gladding, Daniel Florentine, Raymond Flum, Carol Callea, Jacob Sexton.(law)
PDF 203 Filed: 10/9/2007, Entered: 10/10/2007 Stipulated Discovery Schedule/Order (proposed)
PROPOSED STIPULATED DISCOVERY SCHEDULE/ORDER by David McGee, Steven Gold, Keith Tallon, Celeste Girrell, Robert Hofmann, John Gorczyk, Kathleen Lanman, Michael O'Malley, Anita Carbenelle, Stuart Gladding, Daniel Florentine, Raymond Flum, Carol Callea, Jacob Sexton.(jlh)
 204 Filed: 10/10/2007, Entered: 10/10/2007 Stipulated Discovery Schedule / Order Court Filing
STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 5/23/2008. Motions due by 7/18/2008. Ready for Trial by 10/1/2008. Signed by Judge Jerome J. Niedermeier on 10/10/2007. (This is a Text Only Order)(jlh)
PDF 205 Filed: 11/9/2007, Entered: 11/13/2007 Letter
LETTER from Kevin A. Kimber re: proposals for the Dept of Corrections. (jlh)
PDF 206 Filed: 12/7/2007, Entered: 12/7/2007 Letter
LETTER from Kevin A. Kimber re: proposals for the Dept of Corrections. (jlh)
PDF 207 Filed: 3/28/2008, Entered: 3/28/2008 Notice of Attorney Substitution
NOTICE of Attorney Substitution adding Attorney April E. Schwendler for Steven Gold, Keith Tallon, Celeste Girrell and Robert Hofmann and terminating Attorney Mathew L. Viens. (jlh)
PDF 208 Filed: 3/31/2008, Entered: 3/31/2008 Discovery Certificate - Disclosure of Experts
DISCOVERY CERTIFICATE - Disclosure of Experts by Robert Hofmann.(jlh)
PACER 209 Filed: 4/2/2008, Entered: 4/2/2008, Terminated: 4/4/2008 Motion for Extension of Time to Complete Discovery
JOINT MOTION to Extend Discovery Schedule by David McGee and Jacob Sexton. (Attachments: # (1) Proposed Stipulated Discovery Schedule)(jlh) Modified on 4/2/2008 (jmm).
PDF 210 Filed: 4/4/2008, Entered: 4/4/2008 Stipulated Discovery Schedule / Order Court Filing
STIPULATED DISCOVERY SCHEDULE/ORDER: granting [209] JOINT MOTION to Extend Discovery Schedule. Discovery due by 10/30/2008. Motions due by 11/15/2008. Ready for Trial by 1/15/2009. Signed by Judge Jerome J. Niedermeier on 4/2/2008. (jlh)
 211 Filed: 4/7/2008, Entered: 4/7/2008, Terminated: 4/14/2008 Motion for Miscellaneous Relief
ENTRY REMOVED. Docketed erroneously (must be filed by attorney). (4/14/2008)(jmm)
 212 Filed: 4/14/2008, Entered: 4/14/2008 Notice of Docket Entry Correction
NOTICE OF DOCKET ENTRY REMOVAL: #211 was docketed erroneously (party Kimber is not pro se; pleading must be filed by counsel) and has been removed. (jmm)
PDF 213 Filed: 4/18/2008, Entered: 4/18/2008, Terminated: 5/19/2008 Motion to Take Deposition
MOTION to Take Deposition from David McGee, Jacob Sexton, Richard Pahl, Kevin Kimber, Daniel Muir, James Anderson by Robert Hofmann.(Schwendler, April)
PDF 214 Filed: 4/29/2008, Entered: 4/29/2008 Discovery Certificate - Response to Request to Pro
DISCOVERY CERTIFICATE - Initial Responses to Request for Production of Documents by Robert Hofmann.(jlh)
 216 Filed: 4/29/2008, Entered: 4/30/2008 Discovery Certificate - Response to Request to Pro
ENTRY REMOVED. Docketed erroneously (duplicate of [214]). (4/30/2008)(jmm)
PDF 215 Filed: 4/30/2008, Entered: 4/30/2008 Discovery Certificate - Response to Request to Pro
DISCOVERY CERTIFICATE - Supplemental Response to Plaintiff's letter dated 3/28/2008 seeking discovery by Robert Hofmann.(jlh)
 217 Filed: 4/30/2008, Entered: 4/30/2008 Notice of Docket Entry Removal
NOTICE OF DOCKET ENTRY REMOVAL: Entry #216 was docketed erroneously (duplicate of [214]) and has been removed. (jmm)
PDF 218 Filed: 5/19/2008, Entered: 5/19/2008 Discovery Certificate - Interrogatories and Reques
DISCOVERY CERTIFICATE - Supplemental Response to First Set of Interrogatories and Response to Request for Discovery filed by Robert Hofmann.(Schwendler, April) Modified on 5/19/2008 (jmm)
 219 Filed: 5/19/2008, Entered: 5/19/2008 Order on Motion to Take Deposition Court Filing
ORDER granting [213] Motion to Take Deposition. Signed by Judge Jerome J. Niedermeier on 05/19/08. (This is a text only Order.) (mld)

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