Case: United States v. Arkansas

United States of America v. Arkansas DOC

United States v. Arkansas DOC

United States v. Arkansas DOC

United States v. Arkansas DOC

COMPLAINT, summonses issued and returned to attorney (bfw) (Entered: 09/11/1995)

MEMO to file regarding service of complaint (bfw) (Entered: 09/11/1995)

UTILITY EVENT: Added attorney Deval L. Patrick for USA (bfw) (Entered: 09/12/1995)

UTILITY EVENT: Added attorneys Gadzichowski & Dempsey for plaintiff (bfw) (Entered: 09/12/1995)

ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by Arkansas, State of on 9/12/95 (bsm) (Entered: 09/20/1995)

ACCEPTANCE/ACKNOWLEDGMENT OF SERVICE by Arkansas Corr Dept by serving Larry Norris on 9/12/95 (bsm) (Entered: 09/22/1995)

MOTION by defendants for extension of time in which to file answer/responsive pleading (bsm) (Entered: 09/29/1995)

ORDER by Judge G. T. Eisele granting deft's motion for extension of time until 10/23/95 in which to file answer/responsive pleading [5-1] (EOD 10/3/95) (cc: all counsel) (bsm) (Entered: 10/03/1995)

ANSWER by defendants (bsm) (Entered: 10/24/1995)

MOTION by plaintiff to bifurcate for trial issues of liability and individual relief (bsm) (Entered: 10/31/1995)

MEMORANDUM by plaintiff in support of motion to bifurcate for trial issues of liability and individual relief [9-1] (bsm) (Entered: 10/31/1995)

NOTICE by pltf of taking depo of A.L. Lockhart on 11/28/95 (bkp) (Entered: 11/02/1995)

RESPONSE by defendant to pltf's motion to bifurcate for trial issues of liability and individual relief [9-1] (bsm) (Entered: 11/09/1995)

MOTION by defendants for an extension of time in which to answer pltf's first set of interrogatories and requests for production of documents (bsm) (Entered: 11/20/1995)

ORDER by Judge G. T. Eisele granting deft's motion for an extension of time until 11/29/95 in which to answer pltf's first set of interrogatories and requests for production of documents [13-1] (cc: all counsel) (bsm) (Entered: 11/20/1995)

REPLY by plaintiff to deft's opposition to pltf's motion to bifurcate for trial issues of liability and individual relief [9-1] (bsm) (Entered: 11/20/1995)

MOTION by defendants for extension of time in which to answer pltf's second set of interrogatories and requests for production of documents (bsm) (Entered: 11/30/1995)

ORDER by Judge G. T. Eisele granting motion for extension of time until 12/29/95 in which to answer pltf's second set of interrogatories and requests for production of documents [16-1] (EOD 11/30/95) (cc: all counsel) (bsm) (Entered: 11/30/1995)

MOTION by plaintiff for extension of time in which to respond to defts' first set of interrogatories and first request for production of documents (bsm) (Entered: 12/11/1995)

ORDER by Judge G. T. Eisele granting pltf's motion for extension of time until 12/22/95 in which to respond to defts' first set of interrogatories and first request for production of documents [18-1] (cc: all counsel) (bsm) (Entered: 12/12/1995)

ORDER by Judge G. T. Eisele granting motion to bifurcate for trial issues of liability and individual relief [9-1]; the issues of liability will be tried upon completion of discovery, in accordance with the scheduling order to be entered by the court; the trial on the remedial phase of this litigation will, if necessary, be tried as soon as practicable upon completion of the liability phase (cc: all counsel) (former empl) (Entered: 12/22/1995)

MOTION by plaintiff to compel discovery with exhibits (bsm) (Entered: 01/24/1996)

MOTION by defendants for extension of time in which to respond to pltf's motion to compel discovery (bsm) (Entered: 02/01/1996)

ORDER by Judge G. T. Eisele granting deft's motion for extension of time until 2/13/96 in which to respond to pltf's motion to compel discovery [22-1] (cc: all counsel) (bsm) (Entered: 02/01/1996)

RESPONSE by defendants to motion to compel discovery [21-1] (bsm) (Entered: 02/14/1996)

BRIEF by defendants in support of response to pltf's motion to compel discovery [24-1] (bsm) (Entered: 02/14/1996)

AMENDED BRIEF by defendants in support of response to pltf's motion to compel discovery [24-1] (bsm) (Entered: 02/16/1996)

REPLY by plaintiff to defts' response to motion to compel discovery [21-1] (bsm) (Entered: 02/26/1996)

SUPPLEMENTAL RESPONSE by defendants to motion to compel [21-1] (bsm) (Entered: 03/05/1996)

REPLY by plaintiff to defts'supplemental response to motion to compel discovery [21-1] (former empl) (Entered: 03/12/1996)

MOTION by plaintiff for enlargement of time in which to respond to defts' third set of interrogatories and third request for production of documents (bsm) (Entered: 03/18/1996)

ORDER by Judge G. T. Eisele granting pltf's motion for enlargement of time until 4/17/96 in which to respond to defts' third set of interrogatories and third request for production of documents [30-1] (cc: all counsel) (bsm) (Entered: 03/20/1996)

SCHEDULING ORDER:(DOC) trial set for 9:15 on 1/6/97; discovery due 11/11/96; status report due 11/11/96; pretrial info sheet due 12/16/96 (cc: all counsel) (bsm) (Entered: 03/21/1996)

NOTICE by plaintiff of taking depo upon oral examination of H. Stewart Jr., W. Lowe, Charles Lanehart, Dale Reed, Clyde Collins, Randy Watson, Marvin Evans, Bruce Collins, Robert Perry, Ken Strickland, Ray Hobbs, Jean Cannon, Greg Harmon, Charles Perdue, David Gunther, Ronald Dobbs, Leo Inmon, Don Massey, L.E. Lagrone, R.O. Raley, Richard Rogers and Willis Sargent beginning on 4/30/96 at 8:30 a.m thru 5/22/96 on beginning on 4/30/96 (bsm) (Entered: 03/25/1996)

MEMORANDUM OPINION AND ORDER by Judge G. T. Eisele granting pltf's motion to compel discovery to those documents which relate to facts or events after 1/1/85 [21-1]; defts have thirty days from the filing date of this Order to comply with the disc requests that are issue in this motion (cc: all counsel) (bsm) (Entered: 03/27/1996)

MOTION by plaintiff for enlargement of time in which to respond to defts' fourth set of interrogatories and fourth request for production of documents (bsm) (Entered: 05/01/1996)

ORDER by Judge G. T. Eisele granting motion for enlargement of time in which to respond to defts' fourth set of interrogatories and fourth request for production of documents until 5/31/96 [35-1] (cc: all counsel) EOD 5/1/96 (bkp) (Entered: 05/01/1996)

NOTICE by plaintiff of taking depo of Leo Inmon, Jeannie McCarroll, Don Massey & Rick Waggoner on 5/20/96, L E Lagrone, Grant Harris, Randall Morgan & R O Raley on 5/21/96, Richard Rogers, Gaylon Lay, Willis Sargent on 5/22/96, A J Hall and Floyd McHan on 5/23/96 (former empl) Modified on 05/22/1996 (Entered: 05/21/1996)

NOTICE by pltf to substitute attorney Benjamin Blustein in place of Charles E. Leggott (former empl) Modified on 05/22/1996 (Entered: 05/21/1996)

ORDER by Judge G. T. Eisele granting pltf's motion to substitute attorney Benjamin Blustein in place of Charles E. Leggott [38-1] (cc: all counsel) (bsm) (Entered: 06/26/1996)

UTILITY EVENT: Add attorney Benjamin Blastin for pltf (bsm) (Entered: 06/27/1996)

MAIL Returned [39-1] addressed to Benjamin Blastin counsel for USA (Remailed to same address adding Employment Litigation Section, Civil Rights Division to the address) (bsm) (Entered: 07/18/1996)

NOTICE by plaintiff of taking depo upon oral examination of N.Courtney, R. Hart, M. Webb, D. Heard, J. Nolen, Lt. McCool, G. Gassoway, K. Murphy, C. Butler, V. Wallace, Rev. Stewart, B. Malin, Dr. Mobley, A.B. Hervey, S. McWilliams, J. Manning on beginning on 8/5/96 thru 8/8/96 (bsm) (Entered: 07/23/1996)

MOTION by defendants to continue trial (bmt) (Entered: 08/14/1996)

NOTICE by plaintiff of taking depo of S. Frank Thompson on 10/11/96 (former empl) (Entered: 10/02/1996)

Docket Modification (Utility Event) finding the motion to continue trial [42-1] moot due to entry of amended scheduling order. (mah) (Entered: 10/01/1996)

AMENDED SCHEDULING ORDER: (DOC) trial set for 9:15 the week of 9/29/97; discovery due 8/4/97; status report due 8/4/97; pretrial info sheet due 9/8/97 (cc: all counsel) (former empl) (Entered: 10/07/1996)

CLERK'S MINUTES: STATUS CONFERENCE held before Judge G. Thomas Eisele. Parties announce that settlement agreement has been entered into. Parties agree on date for fairness hearing. (Ct. Rep. -- Elaine Hinson) (mah) (Entered: 04/14/1997)

JOINT MOTION by plaintiff and defendants for entry of consent decree and for a fairness hearing (bmt) (Entered: 04/14/1997)

MEMORANDUM by plaintiff and defendants in support of joint motion for entry of consent decree [46-1] and for a fairness hearing [46-2] (bmt) (Entered: 04/14/1997)

EXHIBITS filed by plaintiff and defendants to the memorandum in support of the joint motion for entry of the consent decree & for a fairness hearing [47-1] (2 volumes) (bmt) (Entered: 04/14/1997)

MEMORANDUM by defendants in support of the consent decree (bmt) (Entered: 04/14/1997)

ORDER by Judge G. T. Eisele granting motion for entry of consent decree [46-1] and for a fairness hearing [46-2]; fairness hearing set for 10:00 on 6/19/97 ; the State shall at least 40 days prior to the hearing, deliver a copy of this order & the notice of fairness hearing to each incumbent ADC employee in a position in the correctional officer line of progression; any objection or comment by said incumbent ADC employees may have regarding the consent decree must be served upon counsel for the USA no later than 25 days prior to the scheduled hearing date; USA shall file with the court & counsel for the state, copies of all such comments and objections w/in 5 days of receipt; may file written resp to comments or objections with the court no less than 5 days prior to the scheduled hearing date (cc: all counsel) EOD 4/14/97 (bmt) Modified on 04/15/1997 (Entered: 04/14/1997)

CONSENT DECREE by Judge G. T. Eisele the State shall provide the sum of $7,200,000.00 to be used to satisfy all back pay claims to be paid under this decree in the following manner; w/in 60 days from the date of the final entry of this decree, the State shall deposit 1/2 of the Settlement Fund ($3,600,000.00) with the Clerk of the Court; the USA and the State shall file a joint motion requesting the court to order the clerk to invest the deposited portion of the Settlement Fund in US Treasury bills; by 8/30/97, the State shall deposit the remainder of the Settlement Fund ($3,600,000.00) with the clerk; the USA and the State shall file a joint motion requesting the court to order the clerk to invest the newly deposited portion of the Settlement Fund in US Treasury bills; all back pay awards shall be paid directly by the State to the claimants out of the Settlement Fund; w/in 30 days from the date of the entry of this decree, the State shall post for a period of months, copies of the Notice of Settlement & mail a copy of said notice to each Employment Security Division Office in Arkansas; the Court shall conduct a hearing for the purpose of resolving any claims for non- monetary relief that remain in dispute between the USA and the State; any objections by non-parties to the claims for relief under the Decree must be file in writing with the Court and served upon counsel for the USA and State at least 20 days before the hearing; the Court shall retain jurisdiction of the matters covered by the Decree as follows: at the end of 4 years from the date of final entry of this Decree or upon the implementation of all of the remedial relief to claimants, the State shall file & serve upon the USA a written certification that all remedial relief to claimants has been implemented (cc: all counsel) EOD 4/14/97 (bmt) Modified on 05/16/1997 (Entered: 04/14/1997)

JOINT STIPULATION of fact by plaintiff and defendants [46-1] [46- 2] w/redacted appendix (6 volumes) (bmt) (Entered: 04/14/1997)

JOINT MOTION by plaintiff and defendants to file under seal appendices III, IV, VI, VII and VIII to the parties' joint stipulations of fact (bmt) (Entered: 04/14/1997)

MEMORANDUM by plaintiff and defendants in support of joint motion to file under seal appendices III, IV, VI, VII and VIII to the parties' joint stipulations of fact [53-1] (bmt) (Entered: 04/14/1997)

ORDER by Judge G. T. Eisele granting motion to file under seal appendices III, IV, VI, VII and VIII to the parties' joint stipulations of fact [53-1] (cc: all counsel) EOD 4/14/97 (bmt) (Entered: 04/14/1997)

APPENDIX filed by plaintiff and defendants to joint stipulations of fact [52-1] (Volumes, 3,4,6,7 and 8) UNDER SEAL (bmt) (Entered: 04/14/1997)

TRANSCRIPT (1 volume) of Status Conference before the Honorable G. Thomas Eisele for the following date: 04/14/97 (former empl) (Entered: 04/25/1997)

PLAINTIFF United States' first submission of comments & objections regarding the Consent Decree [51-1] (former empl) (Entered: 05/16/1997)

OBJECTIONS by pltf Yvonne Hathcock to Consent order [51-1] (former empl) (Entered: 05/16/1997)

OBJECTIONS by pltf Tommie Sue Beasley to Consent order [51-1] (former empl) (Entered: 05/16/1997)

OBJECTIONS by pltf Judy Bever to Consent order [51-1] (former empl) (Entered: 05/16/1997)

OBJECTIONS by pltf Gladys Smith to Consent order [51-1] (former empl) (Entered: 05/16/1997)

OBJECTIONS by pltf Ella Mae Sellars to Consent order [51-1] (former empl) (Entered: 05/16/1997)

OBJECTION to Consent Decree by Ruthie M Johnson [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by Virdia L Bland [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by Freddie Sheard [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by Dell Defir [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by William Sparkmon [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by Gerine Potter [51-1] (former empl) (Entered: 05/23/1997)

OBJECTION to Consent Decree by Jimmy L Pendleton [51-1] (former empl) (Entered: 05/23/1997)

THIRD submission of Comments and Objections regarding the Consent Decree by plaintiff [51-1] (bsm) (Entered: 06/02/1997)

FOURTH Submission of Comments and Objections regarding the Consent Decree by plaintiff [51-1] (bsm) (Entered: 06/06/1997)

SUPPLEMENTAL MEMORANDUM by plaintiff in support of joint motion for entry of consent decree [46-1] (bsm) (Entered: 06/12/1997)

RESPONSE by plaintiff to the comments and objections regarding the Consent Decree [58-1] [59-1][60-1][61-1] [62-1][63-1][64-1][65- 1][66-1][67-1][68-1][69-1][70-1] [71-1] [72-1] (bsm) Modified on 06/13/1997 (Entered: 06/12/1997)

CLERK'S MINUTES: HEARING on fairness of consent agreement held before Judge G. Thomas Eisele. Consent Decree approved by the Court. Parties to prepare order directing funds be deposited in registry of the court. Claim forms to be mailed by AG within 30 days. (Ct. Rep.--Carolyn Fant) (mah) (Entered: 06/19/1997)

CONSENT DECREE by Judge G. T. Eisele setting forth hiring /promotion practices for the ADC; the State shall provide the sum of $7,200,000.000 to satisfy all back pay claims to be paid purs to this decree: $3,600,000.00 is to be deposited with the Clerk of the Court within 60 days, parties shall file a joint motion requesting the Court to order the Clerk to invest the deposited portion of the Settlement Fund in U.S. Treasury bills; on or before 8/30/97, the State shall deposit the remainder of the Settlement Fund, $3,600,000.00 with the Clerk & again request the Clerk to invest this protion in U.S. Treasury bills; distribution of Settlement Fund shall be made by the State at the direction & in sole discretion of the United States subject only to review by the Court; this Court shall retain jurisdiction of the matters covered by this decree as follows: at the end of 4 years from entry of this Decree or upon the implementation of all remedial relief to claimants, the State shall file with the Court & serve the United States, a written certification that all remedial relief has been implemented, at the end of 90 days, the State shall be entitled to a dissolution of this Decree & a dismissal terminating case (cc: all counsel) EOD 6/19/97 (former empl) Modified on 06/19/1997 (Entered: 06/19/1997)

DEFENDANTS' SUPPLEMENTAL submission for the fairness hearing (former empl) (Entered: 06/23/1997)

JOINT MOTION by parties for order directing the Clerk to invest the deposited amount, $7,200,000.00, in U.S. Treasury bills (former empl) (Entered: 07/01/1997)

ORDER by Judge James M. Moody granting motion for order directing the Clerk to invest the deposited amount, $7,200,000.00, in U.S. Treasury bills [78-1] (cc: all counsel) EOD 6/30/97 (former empl) (Entered: 07/01/1997)

JOINT MOTION by parties to extend time for filing of pltfs report on individual relief (former empl) (Entered: 12/12/1997)

ORDER by Judge G. T. Eisele granting joint motion to extend time for filing of pltfs report on individual relief [80-1]; report is due 6/19/98 (cc: all counsel) (former empl) (Entered: 12/16/1997)

NOTICE by plaintiff of filing attachment 2 to the report "Claimants Entitled to Hiring Relief" (former empl) (Entered: 02/05/1998)

REPORT by State of Arkansas, Arkansas Department of Correction & Larry B Norris pursuant to paragraph 30 of the consent decree [76-2] (former empl) (Entered: 04/21/1998)

ATTACHMENT D filed by defts to report filed pursuant to paragraph 30 of the consent decree [84-1] (UNDER SEAL) (former empl) Modified on 04/21/1998 (Entered: 04/21/1998)

JOINT MOTION by plaintiff & defendants to extend time for filing of the parties joint proposed disposition of claims for non-monetary relief under paragraph 33 of the consent decree (former empl) (Entered: 07/20/1998)

ORDER by Judge G. T. Eisele granting motion to extend time until 08/05/98 for filing of the parties joint proposed disposition claims for non-monetary relief under paragraph 33 of the consent decree [86-1] (cc: all counsel) (former empl) (Entered: 07/20/1998)

JOINT proposed disposition by pltf U S & defts of claims for individual relief filed under the 6/19/97 consent decree [87-1] (former empl) (Entered: 08/05/1998)

JOINT MOTION to approve the joint proposed disposition of claims for relief (former empl) (Entered: 08/05/1998)

OBJECTIONS by Maxine Williams Harris to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Armeatha Davis to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Alisha Wilson to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Estine Mallet to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Loretta Page to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Sheila Williams to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Lisa Rene Willis to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Gail Strong Walker to the Settlement Agreement (former empl) (Entered: 08/26/1998)

OBJECTIONS by Inez Edwards to the Settlement Agreement (former empl) (Entered: 08/26/1998)