| -- |
Filed: 12/8/2004, Entered: 12/8/2004 |
File Transferred |
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File sent to Burlington (law)
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1 |
Filed: 12/8/2004, Entered: 12/8/2004, Terminated: 12/9/2004 |
Motion for Leave to Proceed in forma pauperis |
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MOTION by pltf David McGee for Leave to Proceed in Forma Pauperis (law)
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2 |
Filed: 12/8/2004, Entered: 12/8/2004 |
Affidavit |
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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)
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3 |
Filed: 12/8/2004, Entered: 12/8/2004 |
Notice of Appearance |
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NOTICE OF PRO SE APPEARANCE by plaintiff David McGee (law)
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| 15 |
Filed: 12/8/2004, Entered: 3/1/2005 |
Case Referred to Magistrate Judge |
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CASE REFERRED to Magistrate Judge Jerome J. Niedermeier. (jjj, )
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4 |
Filed: 12/9/2004, Entered: 12/9/2004 |
Order Directing Prisoner Payment |
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ORDER ON FEE PAYMENT re: [1-1] motion for Leave to Proceed in Forma Pauperis ; Cy to parties and Comr of Corrections (law)
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5 |
Filed: 12/9/2004, Entered: 12/9/2004 |
Order |
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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)
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6 |
Filed: 12/9/2004, Entered: 12/9/2004 |
Complaint |
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COMPLAINT ; filing fee - IFP (waiver(s) Issued) (law)
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7 |
Filed: 12/9/2004, Entered: 12/9/2004, Terminated: 7/13/2005 |
Motion to Appoint Counsel |
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MOTION by pltf David McGee for Appointment of Counsel (law)
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8 |
Filed: 1/12/2005, Entered: 1/12/2005 |
Notice of Change of Address |
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NOTICE of Change of Address by David McGee (law, )
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9 |
Filed: 1/28/2005, Entered: 1/28/2005 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed by David McGee. Celeste Girrell (Official Capacity) waiver sent on 12/27/2004, answer due 2/25/2005. (jlh, )
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10 |
Filed: 1/28/2005, Entered: 1/28/2005 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed by David McGee, as to Celeste Girrell (Individual Capacity). (jlh, )
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11 |
Filed: 1/31/2005, Entered: 2/3/2005 |
Waiver of Service Executed |
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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, )
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12 |
Filed: 2/4/2005, Entered: 2/4/2005 |
Memorandum in Support |
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SECOND SUPPLEMENT TO MOTION FOR APPOINMENT OF COUNSEL by David McGee, in support of [7] Motion to Appoint Counsel. (Attachments: # (1) Attatchment)(jlh, )
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13 |
Filed: 2/4/2005, Entered: 2/7/2005 |
Waiver of Service Executed |
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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, )
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14 |
Filed: 2/23/2005, Entered: 2/23/2005, Terminated: 7/13/2005 |
Motion to Dismiss |
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MOTION to Dismiss by Steven Gold, Keith Tallon, Celeste Girrell. Responses due by 3/9/2005 (jlh, )
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16 |
Filed: 3/14/2005, Entered: 3/14/2005, Terminated: 3/30/2005 |
Motion for Extension of Time to File Response/Repl |
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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, )
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17 |
Filed: 3/14/2005, Entered: 3/28/2005, Terminated: 3/30/2005 |
Motion for Miscellaneous Relief |
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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, )
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18 |
Filed: 3/25/2005, Entered: 3/28/2005 |
Response in Opposition to Motion |
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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, ).
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19 |
Filed: 3/25/2005, Entered: 3/29/2005, Terminated: 5/9/2005 |
Motion to Intervene |
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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, )
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20 |
Filed: 3/25/2005, Entered: 3/29/2005 |
Motion to Intervene |
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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, )
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21 |
Filed: 3/25/2005, Entered: 3/29/2005 |
Motion to Intervene |
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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, )
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| -- |
Filed: 3/29/2005, Entered: 3/29/2005 |
Docket Annotation |
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MAILED copy of Document Numbers 19, 20 and 21 to Matthew Viens, Esq. for defendants. (law, )
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| -- |
Filed: 3/29/2005, Entered: 3/29/2005 |
Docket Annotation |
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MAILED copy of Doc No. 22 through Doc No 25 to Matthew Viens, Esq on behalf of defendant. (jlh, )
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22 |
Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 |
Motion to Intervene |
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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, )
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23 |
Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 |
Motion to Intervene |
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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, )
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24 |
Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 |
Motion to Intervene |
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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, )
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25 |
Filed: 3/29/2005, Entered: 3/29/2005, Terminated: 5/9/2005 |
Motion to Intervene |
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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, )
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| 26 |
Filed: 3/30/2005, Entered: 3/30/2005 |
Order on Motion for Extension of Time to File Resp |
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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, )
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27 |
Filed: 3/30/2005, Entered: 3/30/2005 |
Order on Motion for Miscellaneous Relief |
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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, )
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28 |
Filed: 5/2/2005, Entered: 5/2/2005, Terminated: 5/11/2005 |
Motion for Extension of Time to File Response/Repl |
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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, )
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29 |
Filed: 5/2/2005, Entered: 5/2/2005 |
Affidavit |
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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, ).
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30 |
Filed: 5/2/2005, Entered: 5/2/2005 |
Certificate of Service |
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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, )
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| 31 |
Filed: 5/9/2005, Entered: 5/9/2005 |
Order on Motion to Intervene |
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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, )
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Filed: 5/11/2005, Entered: 5/13/2005 |
Set Motion and R&R Deadlines/Hearings |
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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, )
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| 32 |
Filed: 5/11/2005, Entered: 5/11/2005 |
Order on Motion for Extension of Time to File Resp |
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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, )
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33 |
Filed: 5/13/2005, Entered: 5/16/2005 |
Motion for Preliminary Injunction |
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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, )
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34 |
Filed: 5/13/2005, Entered: 5/16/2005 |
Memorandum in Support |
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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, )
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35 |
Filed: 5/13/2005, Entered: 5/16/2005 |
Memorandum in Support |
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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, )
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37 |
Filed: 5/23/2005, Entered: 5/25/2005 |
Motion for Joinder |
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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, ).
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38 |
Filed: 6/7/2005, Entered: 6/8/2005 |
Response in Opposition to Motion |
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RESPONSE in Opposition in re [37] MOTION for Joinder filed by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, )
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39 |
Filed: 6/21/2005, Entered: 6/21/2005, Terminated: 7/13/2005 |
Report and Recommendation |
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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, )
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40 |
Filed: 6/28/2005, Entered: 6/28/2005, Terminated: 9/26/2005 |
Motion to Appoint Counsel |
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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, )
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41 |
Filed: 7/6/2005, Entered: 7/8/2005, Terminated: 8/16/2005 |
Motion to Intervene |
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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, )
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42 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Objection to Report and Recommendations |
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OBJECTION to [39] Report and Recommendations by David McGee. (jlh, )
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43 |
Filed: 7/8/2005, Entered: 7/8/2005, Terminated: 9/26/2005 |
Motion to Appoint Counsel |
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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, )
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44 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Affidavit |
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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, )
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45 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Response in Opposition to Motion |
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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, )
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46 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Memorandum in Support |
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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, )
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47 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Response in Opposition to Motion |
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RESPONSE in Opposition in re [14] MOTION to Dismiss filed by David McGee. (jlh, )
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48 |
Filed: 7/8/2005, Entered: 7/8/2005 |
Response in Opposition to Motion |
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RESPONSE in Opposition in re [14] MOTION to Dismiss filed by David McGee. (jlh, )
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49 |
Filed: 7/8/2005, Entered: 7/8/2005, Terminated: 8/16/2005 |
Motion to Amend/Correct |
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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, )
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50 |
Filed: 7/13/2005, Entered: 7/13/2005 |
Order Adopting Report and Recommendation |
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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, )
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51 |
Filed: 8/12/2005, Entered: 8/12/2005, Terminated: 10/31/2005 |
Notice of Interlocutory Appeal |
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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)
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52 |
Filed: 8/12/2005, Entered: 8/15/2005, Terminated: 8/16/2005 |
Motion for Reconsideration |
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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, )
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| 53 |
Filed: 8/16/2005, Entered: 8/16/2005 |
Order on Motion for Reconsideration |
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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, )
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54 |
Filed: 8/16/2005, Entered: 8/16/2005, Terminated: 8/24/2005 |
Order on Motion to Intervene |
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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, )
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55 |
Filed: 8/24/2005, Entered: 8/25/2005 |
Motion for Reconsideration |
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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)
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56 |
Filed: 8/29/2005, Entered: 8/29/2005, Terminated: 10/31/2005 |
Appeal Record Sent to USCA |
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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)
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57 |
Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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58 |
Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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59 |
Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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60 |
Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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61 |
Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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62 |
Filed: 9/12/2005, Entered: 9/12/2005 |
Response in Opposition to Motion |
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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, )
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63 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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64 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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65 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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66 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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67 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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68 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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69 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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70 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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71 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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72 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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73 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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74 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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75 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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76 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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77 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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78 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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79 |
Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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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, )
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81 |
Filed: 9/14/2005, Entered: 9/14/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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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, )
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83 |
Filed: 9/15/2005, Entered: 9/15/2005 |
Notice (Other) |
|
NOTICE OF CLASS ACTION LAWSUIT by Dana Eaton (jlh, )
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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, )
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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, )
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86 |
Filed: 9/15/2005, Entered: 9/15/2005, Terminated: 9/26/2005 |
Motion to Intervene |
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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, )
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87 |
Filed: 9/16/2005, Entered: 9/16/2005 |
Response |
|
RESPONSE to [54] Order by Steven Gold, Keith Tallon, Celeste Girrell. (jlh, )
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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, )
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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, )
|
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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, )
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| -- |
Filed: 9/23/2005, Entered: 9/23/2005 |
Set Deadlines/Hearings |
|
Set Deadlines: Amended Complaint due by 10/5/2005. (jlh, )
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| 91 |
Filed: 9/23/2005, Entered: 9/23/2005 |
Order on Motion to Extend Time |
 |
|
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)
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92 |
Filed: 9/26/2005, Entered: 9/26/2005, Terminated: 10/4/2005 |
Order on Motion to Appoint Counsel |
 |
|
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, )
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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, )
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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, )
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95 |
Filed: 9/29/2005, Entered: 9/29/2005, Terminated: 10/19/2005 |
Motion to Intervene |
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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, )
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96 |
Filed: 9/29/2005, Entered: 9/29/2005, Terminated: 10/19/2005 |
Motion to Intervene |
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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| 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, )
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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, )
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104 |
Filed: 10/14/2005, Entered: 10/14/2005 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by Steven Gold, Keith Tallon, Celeste Girrell.(jlh, )
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105 |
Filed: 10/19/2005, Entered: 10/19/2005, Terminated: 10/24/2005 |
Order on Motion to Intervene |
 |
|
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, )
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178 |
Filed: 10/20/2005, Entered: 6/1/2006 |
Motion to Dismiss Case for Lack of Jurisdiction |
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MOTION to Dismiss for Lack of Subject Jurisdiction by Keith Tallon, Robert Hofmann. (Transfer of pending motion from member case) (law)
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106 |
Filed: 10/24/2005, Entered: 10/24/2005 |
Mail Returned |
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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, )
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| 107 |
Filed: 10/24/2005, Entered: 10/24/2005 |
Docket Annotation |
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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, )
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108 |
Filed: 10/24/2005, Entered: 10/24/2005 |
Mail Returned |
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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, )
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| 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, )
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110 |
Filed: 10/26/2005, Entered: 10/26/2005, Terminated: 12/2/2005 |
Motion to Intervene |
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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, )
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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, )
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112 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Response in Opposition to Motion |
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OPPOSITION to [103] MOTION for Reconsideration re [92] Order filed by David McGee. (law )
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113 |
Filed: 10/31/2005, Entered: 10/31/2005 |
USCA Mandate |
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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)
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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, )
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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, )
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| 116 |
Filed: 11/15/2005, Entered: 11/15/2005 |
ISSUED Summons |
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Waivers Issued as to Robert Hofmann, John Gorczyk, Kathleen Lanman, Michael O'Malley, Anita Carbenelle, Stuart Gladding, Daniel Florentine, Raymond Flum, Carol Callea. (jlh, )
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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, ).
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117 |
Filed: 11/18/2005, Entered: 11/18/2005 |
Affidavit |
|
AFFIDAVIT of Charles Remick. (jlh, )
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119 |
Filed: 12/1/2005, Entered: 12/2/2005 |
Order |
 |
|
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, )
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| 120 |
Filed: 12/2/2005, Entered: 12/2/2005 |
Order on Motion to Intervene |
 |
|
ORDER granting [110] Motion to Intervene. Signed by Judge Jerome J. Niedermeier on 12/02/05. (This is a text only Order.) (mld)
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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, )
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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, )
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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, )
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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, )
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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, )
|
|
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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, )
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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, )
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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, )
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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, )
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|
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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, )
|
|
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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, )
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|
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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, )
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|
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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, )
|
|
|
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, )
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|
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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, )
|
|
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136 |
Filed: 12/12/2005, Entered: 12/12/2005 |
Response |
|
RESPONSE declining appointment in re [119] Order appointing counsel by Gary Franklin Esq. (jlh, )
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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, )
|
|
|
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, )
|
|
|
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, )
|
|
|
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, ).
|
|
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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, ).
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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, )
|
|
|
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, )
|
|
|
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, )
|
|
|
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)
|
|
|
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, )
|
|
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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, )
|
|
|
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, )
|
|
|
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, )
|
|
|
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, )
|
|
|
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, )
|
|
|
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, ).
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|
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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, )
|
|
|
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, )
|
|
|
155 |
Filed: 1/10/2006, Entered: 1/11/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Michael O'Malley. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
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156 |
Filed: 1/10/2006, Entered: 1/11/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Carol Callea. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
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157 |
Filed: 1/10/2006, Entered: 1/11/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Raymond Flum. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
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158 |
Filed: 1/10/2006, Entered: 1/11/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Daniel Florentine. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
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159 |
Filed: 1/10/2006, Entered: 1/11/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Kathleen Lanman. Waiver sent on 11/17/2005, answer due 1/17/2006. (jlh, )
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160 |
Filed: 1/13/2006, Entered: 1/13/2006, Terminated: 8/8/2006 |
Motion to Intervene |
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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, )
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161 |
Filed: 1/24/2006, Entered: 1/24/2006 |
Order |
 |
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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, )
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162 |
Filed: 1/25/2006, Entered: 1/25/2006 |
Letter |
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Letter from Mathew Viens re: pro-se filings. (jlh, )
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163 |
Filed: 2/6/2006, Entered: 2/6/2006, Terminated: 2/10/2006 |
Motion to Withdraw as Attorney |
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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, )
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164 |
Filed: 2/7/2006, Entered: 2/7/2006, Terminated: 8/8/2006 |
Motion to Intervene |
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(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, )
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165 |
Filed: 2/7/2006, Entered: 2/8/2006 |
Mail Returned |
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Mail Returned as Undeliverable re: [161] Order appointing Attorney Schlossberg. Mail resent to new address provided by VT DOC. (jlh, )
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| 166 |
Filed: 2/10/2006, Entered: 2/10/2006, Terminated: 3/10/2006 |
Order on Motion to Withdraw as Attorney |
 |
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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)
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167 |
Filed: 2/10/2006, Entered: 2/10/2006 |
Order |
 |
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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, )
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168 |
Filed: 2/16/2006, Entered: 2/16/2006 |
Mail Returned |
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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, ).
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169 |
Filed: 2/16/2006, Entered: 2/16/2006 |
Mail Returned |
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Mail sent to George Arnold Returned as Undeliverable re: [161] Order. Order appointing Todd Schlossberg. Mail resent to address provided by VT DOC. (gmg, )
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170 |
Filed: 2/16/2006, Entered: 2/16/2006 |
Mail Returned |
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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, )
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171 |
Filed: 2/16/2006, Entered: 2/16/2006 |
Mail Returned |
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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, )
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172 |
Filed: 3/10/2006, Entered: 3/13/2006 |
Mail Returned |
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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, )
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173 |
Filed: 4/4/2006, Entered: 4/4/2006 |
Notice of Hearing |
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NOTICE of Hearing: Status Conference set for 4/17/2006 10:00 AM in Burlington Chambers 408 before Jerome J. Niedermeier. (jjj, )
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| 174 |
Filed: 4/17/2006, Entered: 4/17/2006 |
Status Conference |
 |
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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, )
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175 |
Filed: 4/17/2006, Entered: 4/17/2006 |
Notice of Hearing |
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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, )
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176 |
Filed: 4/24/2006, Entered: 4/24/2006, Terminated: 5/17/2006 |
Report and Recommendation |
 |
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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)
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177 |
Filed: 5/17/2006, Entered: 5/17/2006 |
Order Adopting Report and Recommendation |
 |
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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, )
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179 |
Filed: 6/5/2006, Entered: 6/5/2006 |
Mail Returned |
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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, )
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| 180 |
Filed: 6/20/2006, Entered: 6/20/2006 |
Telephone Conference |
 |
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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)
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181 |
Filed: 7/11/2006, Entered: 7/11/2006, Terminated: 10/16/2006 |
Motion for Miscellaneous Relief |
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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)
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182 |
Filed: 7/26/2006, Entered: 7/27/2006 |
Response in Opposition to Motion |
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RESPONSE in Opposition to [181] MOTION for Class Action Certification filed by Steven Gold, Keith Tallon, Celeste Girrell,and Robert Hofmann. (jlh)
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| 183 |
Filed: 8/8/2006, Entered: 8/8/2006 |
Order on Motion to Intervene |
 |
|
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).
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184 |
Filed: 8/15/2006, Entered: 8/15/2006 |
Reply to Response to Motion |
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REPLY to [182] Response to [181] MOTION for Class Certification filed by plaintiffs. (jlh)
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185 |
Filed: 8/23/2006, Entered: 8/23/2006 |
Response to Motion |
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RESPONSE to Plaintiffs' [184] Reply to Defendant's [182] Opposition to [181] MOTION for Class Action Certification by Robert Hofmann. (jlh)
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186 |
Filed: 8/28/2006, Entered: 8/28/2006 |
Affidavit |
|
DECLARATION of David McGee. (jlh)
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187 |
Filed: 9/5/2006, Entered: 9/5/2006 |
Reply to Response to Motion |
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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).
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188 |
Filed: 9/25/2006, Entered: 9/25/2006, Terminated: 10/16/2006 |
Report and Recommendation |
 |
|
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).
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189 |
Filed: 10/16/2006, Entered: 10/16/2006 |
Order Adopting Report and Recommendation |
 |
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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)
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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)
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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)
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|
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| 192 |
Filed: 2/21/2007, Entered: 2/22/2007 |
Status Conference |
 |
|
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)
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|
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| -- |
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,)
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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)
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|
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| -- |
Filed: 3/22/2007, Entered: 3/23/2007 |
Set/Reset Deadlines |
|
Reset Deadlines: Amended Complaint due by 4/15/2007. (jlh)
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|
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| 194 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Order on Motion for Extension of Time to Amend |
 |
|
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)
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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)
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| -- |
Filed: 5/11/2007, Entered: 5/11/2007 |
Set Deadlines/Hearings |
|
Set Deadlines/Hearings: Joint Proposed Discovery due by 6/11/2007. (law)
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196 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Answer to Amended Complaint |
|
ANSWER to Second Amended Complaint by Robert Hofmann.(law)
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|
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197 |
Filed: 6/19/2007, Entered: 6/19/2007 |
Order |
 |
|
ORDER: Proposed Amended Discovery Schedule due within 10 days. Signed by Judge Jerome J. Niedermeier on 06/19/2007. (jlh)
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|
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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)
|
|
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| -- |
Filed: 7/10/2007, Entered: 7/10/2007 |
Set Deadlines/Hearings |
|
Set Deadlines: Proposed Stipulated Discovery Schedule due by 9/20/2007. (jlh)
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|
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| 199 |
Filed: 7/10/2007, Entered: 7/10/2007 |
Order on Motion for Extension of Time to Complete |
 |
|
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)
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|
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200 |
Filed: 9/10/2007, Entered: 9/11/2007 |
Letter |
|
LETTER from Kevin A. Kimber re: sleeping centers. (law)
|
|
|
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 |
 |
|
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)
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|
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| -- |
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)
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|
|
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)
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|
|
| 204 |
Filed: 10/10/2007, Entered: 10/10/2007 |
Stipulated Discovery Schedule / Order |
 |
|
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)
|
|
|
205 |
Filed: 11/9/2007, Entered: 11/13/2007 |
Letter |
|
LETTER from Kevin A. Kimber re: proposals for the Dept of Corrections. (jlh)
|
|
|
206 |
Filed: 12/7/2007, Entered: 12/7/2007 |
Letter |
|
LETTER from Kevin A. Kimber re: proposals for the Dept of Corrections. (jlh)
|
|
|
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)
|
|
|
208 |
Filed: 3/31/2008, Entered: 3/31/2008 |
Discovery Certificate - Disclosure of Experts |
|
DISCOVERY CERTIFICATE - Disclosure of Experts by Robert Hofmann.(jlh)
|
|
|
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).
|
|
|
210 |
Filed: 4/4/2008, Entered: 4/4/2008 |
Stipulated Discovery Schedule / Order |
 |
|
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)
|
|
|
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)
|
|
|
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)
|
|
|
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)
|
|
|
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 |
 |
|
ORDER granting [213] Motion to Take Deposition. Signed by Judge Jerome J. Niedermeier on 05/19/08. (This is a text only Order.) (mld)
|