Case: Urbaniak v. Stanley

Urbaniak v. Beck

COMPLAINT against James Currin, Rodney S. Jackson, Gerotha R. Spain, Kenneth Jones, J. Baker Williams, Norma Batten, Cordelia Clark, R. C. Lewis, B. A. Thompson, Donnie Stanley, John Meeks, Thomas Tart, A. L. Gregory, Sherwood R. McCabe, Joseph B. Hall, Jerry McQueen, filed by Joseph John Urbaniak, Jr. (Attachments: # 1 Envelope)(Deputy Clerk - AEB, ) (Entered: 12/12/2006)

MOTION for Leave to Proceed in forma pauperis by Joseph John Urbaniak, Jr. (Deputy Clerk - AEB, ) (Entered: 12/12/2006)

ORDER Directing Monthly Payments be made from Prison Account of Joseph Urbaniak. Signed by Acting Clerk of Court on 12/12/06. (Deputy Clerk - AEB, ) (Entered: 12/12/2006)

ORDER DISMISSING Claims AS FRIVOLOUS as to Sherwood R. McCabe; Jerry McQueen; Gerotha R. Spain; B. A. Thompson; J. Baker Williams; Joseph B. Hall and Kenneth Jones and ORDER DIRECTING CLERK TO CONTINUE MANAGEMENT OF CASE as to remaining claims . Signed by Judge Louise Wood Flanagan on 1/18/2007. (Deputy Clerk - GM, ) (Entered: 01/18/2007)

ORDER of Investigation--NCPLS to investigate pltf's claims; Response by NCPLS due by 04/18/2007 cc to pltf. w/notice and waiver form and cc to NCPLS and NCAG. Signed by Brooks, Acting Clerk of Court on 1/18/2007. (Deputy Clerk - GM, ) (Entered: 01/18/2007)

Summons Issued as to James Currin, Rodney S. Jackson, Norma Batten, Cordelia Clark, R. C. Lewis, Donnie Stanley, John Meeks, Thomas Tart, A. L. Gregory. (Deputy Clerk - AEB, ) (Entered: 01/22/2007)

Acceptance by plaintiff of Investigation by NCPLS by Joseph John Urbaniak, Jr. (Attachments: # 1 Envelope)(Deputy Clerk - GM, ) (Entered: 01/23/2007)

ORDER directing the USM to make service on behalf of the plaintiff.. Signed by Judge William A. Webb on 1/23/07. (Deputy Clerk - AEB, ) (Entered: 01/23/2007)

Filing fee: $ 2.00, receipt number 105 29184 (Deputy Clerk - AEB, )

SUMMONS Returned Executed James Currin served on 1/24/2007, answer due 2/13/2007; Rodney S. Jackson served on 1/24/2007, answer due 2/13/2007; Norma Batten served on 1/24/2007, answer due 2/13/2007; Cordelia Clark served on 1/24/2007, answer due 2/13/2007; R. C. Lewis served on 1/24/2007, answer due 2/13/2007; Donnie Stanley served on 1/24/2007, answer due 2/13/2007; John Meeks served on 1/24/2007, answer due 2/13/2007; Thomas Tart served on 1/24/2007, answer due 2/13/2007; A. L. Gregory served on 1/24/2007, answer due 2/13/2007. (Deputy Clerk - AEB, ) (Entered: 02/14/2007)

Filing fee: $ 27.94, receipt number 104 25177 (Deputy Clerk - AEB, )

Filing fee: $ 10.47, receipt number 104 25445 (Deputy Clerk - GM, )

RESPONSE to Order of Investigation filed by Joseph John Urbaniak, Jr. (Griffin, J.) (Entered: 04/18/2007)

MOTION for Extension of Time to File Answer by James Currin, Rodney S. Jackson, Norma Batten, Cordelia Clark, R. C. Lewis, Donnie Stanley, John Meeks, Thomas Tart, A. L. Gregory. (Attachments: # 1 Text of Proposed Order)(Allen, James) (Entered: 05/09/2007)

ORDER granting 11 Motion for Extension of Time to Answer until 30 days after NCPLS files an amended complaint on behalf of plaintiff . Signed by Iavarone Clerk of Court on 5/10/2007. (Deputy Clerk - GM, ) (Entered: 05/11/2007)

AMENDED COMPLAINT against all defendants, filed by Joseph John Urbaniak, Jr.(Griffin, J.) (Entered: 05/11/2007)

NOTICE of Voluntary Dismissal by Joseph John Urbaniak, Jr (Griffin, J.) (Entered: 05/18/2007)

ANSWER to Amended Complaint by Theodis Beck, Boyd Bennett, Joseph B. Hall.(Allen, James) (Entered: 05/18/2007)

REQUEST FOR DISCOVERY Stipulation sent to all parties(Deputy Clerk - GM, ) (Entered: 05/18/2007)

Set/Reset Deadlines: Discovery Plan due by 6/7/2007. (Deputy Clerk - GM, )

NOTICE of Appearance by J. Phillip Griffin, Jr on behalf of Joseph John Urbaniak, Jr (Griffin, J.) (Entered: 05/21/2007)

Filing fee: $ 14.00, receipt number 104 25850 (Deputy Clerk - AEB, )

REPORT of Rule 26(f) Planning Meeting by Joseph John Urbaniak, Jr. (Griffin, J.) (Entered: 06/07/2007)

Filing fee: $ 4.00, receipt number 104 26172 (Deputy Clerk - GM, )

NOTICE of Appearance by Dawn Ducoste on behalf of Joseph John Urbaniak, Jr (Ducoste, Dawn) (Entered: 07/11/2007)

NOTICE OF CORRECTION re: 19 Notice of Appearance-Corrected the docket to reflect that attorney Phil Griffin is to be noticed. (Deputy Clerk - SC, )

SCHEDULING ORDER:Discovery due by 11/8/2007,Motions due by 12/7/2007. Signed by Judge William A. Webb on 7/16/2007. (Deputy Clerk - GM, ) (Entered: 07/16/2007)

Filing fee: $ 7.00, receipt number 104 26563 (Deputy Clerk - GM, )

Filing fee: $ 7.00, receipt number 105 31208 (Deputy Clerk - GM, )

Filing fee: $ 14.00, receipt number 104 27429 (Deputy Clerk - AEB, )

MOTION to Consolidate Cases and Certify Class by Joseph John Urbaniak, Jr. (Griffin, J.) (Entered: 11/29/2007)

Memorandum in Support of Joint Motions to Consolidate and Certify Class filed by Joseph John Urbaniak, Jr. (Griffin, J.) (Entered: 11/29/2007)

Motions Submitted to Staff Counsel II: 21 MOTION to Consolidate Cases and Certify Class (Deputy Clerk - GM, )

Filing fee: $ 18.00, receipt number 104 27910 (Deputy Clerk - AEB, )

Filing fee: $ 7.00, receipt number 104 28248 (Deputy Clerk - GM, )

Filing fee: $ 16.58, receipt number 104 28449 (Deputy Clerk - AEB, )

Filing fee: $ 17.00, receipt number RAL000046 (Deputy Clerk - AEB, )

ORDER granting 21 Motion to Consolidate Cases and to certify the class as a class action; All future filings shall bear both captions and all future docket entries shall be docketed in the lead case, Urbaniak v. Stanley, No. 5:06-CT-3135-FL. Signed by Chief Judge Louise Wood Flanagan on 5/30/2008. (Deputy Clerk - GM, ) (Entered: 05/30/2008)

Filing fee: $ 14.00, receipt number RAL001180 (Deputy Clerk - GM, )

Filing fee: $ 7.00, receipt number RAL001729 (Deputy Clerk - GM, )

Filing fee: $ 11.00, receipt number RAL 002474 (Bunn, A.)

Filing fee: $ 4.00, receipt number RAL002553 (Indig, A.)

Filing fee: $ 7.00, receipt number RAL002789 (McDowell, G.)

Filing fee: $ 7.00, receipt number RAL003342 (McDowell, G.)

Filing fee: $ 7.40, receipt number RAL003919 (McDowell, G.)

Filing fee: $ 7.40, receipt number RAL004381 (McDowell, G.)

Filing fee: $ 12.87, receipt number RAL004955 (McDowell, G.)

Filing fee: $ 7.00, receipt number RAL005356 (McDowell, G.)

Filing fee: $ 7.00, receipt number RAL005817 (McDowell, G.)

Filing fee: $ 28.20, receipt number RAL006352 (McDowell, G.)

Document: Notice of objection to class action settlement proposal filed by Roger Stevenson (Attachments: # 1 Envelope) (Shannon, K.) (Entered: 04/22/2009)

Filing fee: $ 19.00, receipt number RAL006935 (McDowell, G.)

Filing fee: $ 6.00, receipt number RAL007342 (Indig, A.)

NOTICE by Joseph John Urbaniak, Jr Joint Status Report (Ducoste, Dawn) (Entered: 07/02/2009)

Filing fee: $ 26.00, receipt number RAL007820 (McDowell, G.)

Filing fee: $ 21.00, receipt number RAL008395 (Indig, A.)

MOTION to Withdraw as Attorney by Dawn Ducoste of North Carolina Prisoner Legal Services by Joseph John Urbaniak, Jr. (Attachments: # 1 Text of Proposed Order to Withdraw) (Ducoste, Dawn) (Entered: 08/27/2009)

ORDER granting 26 Motion to Withdraw as Attorney. Attorney Dawn Ducoste terminated. Signed by Chief Judge Louise Wood Flanagan on 9/1/2009. (McDowell, G.) (Entered: 09/01/2009)

Filing fee: $7.00, receipt number RAL008835 (Indig, A.)

STATUS REPORT by Joseph John Urbaniak, Jr. (Griffin, J.) (Entered: 09/24/2009)

Filing fee: $ 6.14, receipt number RAL009308 PAID IN FULL (McDowell, G.)

MOTION for leave to file an Amended Complaint by Michael Rankins. (Attachments: # 1 Envelope) (McDowell, G.) Modified on 12/16/2009 (McDowell, G.). (Entered: 12/16/2009)

MOTION for Preliminary Injunction by Michael Rankins.. (McDowell, G.) (Entered: 12/16/2009)

NOTICE OF CORRECTION re: 29 Motion for leave to filed amended complaint. The filer was corrected to show Michael Rankins (McDowell, G.)

Motions Submitted to Staff Counsel II: 30 MOTION for Preliminary Injunction, 29 MOTION to Amend/Correct (McDowell, G.)

ORDER dismissing without prejudice 29 Motion to Amend/Correct; dismissing without prejudice 30 Motion for Preliminary Injunction. Signed by Chief Judge Louise Wood Flanagan on 1/25/2010. (McDowell, G.) (Entered: 01/26/2010)

ORDER TO SHOW CAUSE why the court should not now set the case for trial at its next regular civil session; Show Cause Response due by 2/9/2010. Signed by Chief Judge Louise Wood Flanagan on 1/26/2010. (McDowell, G.) (Entered: 01/26/2010)

NOTICE OF INTERLOCUTORY APPEAL as to 31 Order on Motion to Amend/Correct, Order on Motion for Preliminary Injunction by Michael Rankins. (Attachments: # 1 Envelope) (McDowell, G.) (Entered: 02/02/2010)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 33 Notice of Interlocutory Appeal (McDowell, G.) (Entered: 02/02/2010)

MOTION for relief from order pursuant to F.R.C.P. 60 by Michael Rankins. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Envelope) (McDowell, G.) (Entered: 02/05/2010)

Motions Submitted to Staff Counsel II: 35 MOTION for relief from order pursuant to F.R.C.P. 60 (McDowell, G.)

RESPONSE to Order re 32 Order to Show Cause filed by Theodis Beck, Boyd Bennett, Cordelia Clark, Theodis Beck, Boyd Bennett, Joseph B. Hall. (Allen, James) (Entered: 02/08/2010)

USCA Case Number 10--6211 (J. Neal) for 33 Notice of Interlocutory Appeal filed by Michael Rankins. (McDowell, G.) (Entered: 02/09/2010)

MOTION to Appoint Counsel by Michael Rankins. (Attachments: # 1 Envelope) (Indig, A.) (Entered: 02/11/2010)

ORDER denying 35 Motion for relief from order pursuant to F.R.C.P. 60; denying 38 Motion to Appoint Counsel; the parties now have until March 23, 2010, within which to submit the settlement documentation at issue in the litigation. Signed by Chief Judge Louise Wood Flanagan on 2/22/2010. (McDowell, G.) (Entered: 02/22/2010)

ORDER of USCA as to 33 Notice of Interlocutory Appeal filed by Michael Rankins. The Court denies the application to proceed without prepayment of fees under the Prison Litigation Reform Act. (Indig, A.) (Entered: 03/03/2010)

MOTION for Appointment of Counsel by Michael Rankins. (Attachments: # 1 Envelope) (McDowell, G.) (Entered: 03/22/2010)

SETTLEMENT AGREEMENT Stipulated Consent Decree by Joseph John Urbaniak, Jr. (Attachments: # 1 Exhibit DOC Policies & Procedures Publications Received/possessed by Inmates) (Griffin, J.) (Entered: 03/23/2010)

ORDER of USCA as to 33 Notice of Interlocutory Appeal filed by Michael Rankins. The Court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (Indig, A.) (Entered: 03/24/2010)

MANDATE of USCA as to 33 Notice of Interlocutory Appeal filed by Michael Rankins (Indig, A.) (Entered: 03/24/2010)

ORDER dismissing 41 Motion to Appoint Counsel. After review of the record, the court preliminarily approves the proposed consent decree. The parties shall file with the court no later than fourteen (14) days from entry of this order a proposed notice of the settlement and description of the method through which the parties will provide notice. Upon approval of the notice and notice procedures, the court will set the case for fairness hearing pursuant to Federal Rule of Civil Procedure 23(e)(2). Until hearing, final approval of the settlement shall be held in abeyance (DE # 42). Signed by Chief Judge Louise Wood Flanagan on 3/29/2010. (Shannon, K.) (Entered: 03/29/2010)

Joint MOTION to Approve Consent Judgment and Notice and set fairness hearing by Joseph John Urbaniak, Jr. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Proposed Notice to Class Members of Settlment) (Griffin, J.) (Entered: 04/12/2010)

Motions Submitted: 46 Joint MOTION to Approve Consent Judgment and Notice and set fairness hearing (Indig, A.)

ORDER denying 46 Motion to Approve Consent Judgment; the parties are ORDERED to revise and resubmit a proposed notice to the court which addresses the terms of settlement and alerts class members to the potential effect of any settlement on their rights. Response due by 4/28/2010. Signed by Chief Judge Louise Wood Flanagan on 4/14/2010. (McDowell, G.) (Entered: 04/14/2010)

MOTION to Approve Consent Judgment and Notice to Class Members to set Fairness Hearing by Theodis Beck, Boyd Bennett, Cordelia Clark, Theodis Beck, Boyd Bennett, Joseph B. Hall. (Attachments: # 1 Exhibit Proposed Notice to Class Members, # 2 Text of Proposed Order) (Allen, James) (Entered: 04/27/2010)

Motions Submitted: 48 MOTION to Approve Consent Judgment and Notice to Class Members to set Fairness Hearing. (McDowell, G.)

ORDER granting with revisions 48 Motion to Approve Consent Judgment. A hearing shall be held on July 27, 2010, at 9:30 a.m. at the Terry Sanford Federal Building and Courthouse, 310 New Bern Avenue, Raleigh, North Carolina, to consider whether the settlement is fair, reasonable, and adequate and should receive the courts final approval. Objections by class members to the proposed settlement will be considered if filed in writing with the clerk on or before July 13, 2010. Signed by Chief Judge Louise Wood Flanagan on 5/7/2010. (King, K.) (Entered: 05/07/2010)

Letter from Hildred Manuel Lyles, Jr. in reference to case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Charles Alonzo Tunstall in reference to case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Rashon Crawford in reference to case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Stanley Corbett, Jr. in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Additional attachment(s) added on 5/28/2010: # 2 Correct Letter, # 3 Correct Envelope) (King, K.). Modified on 5/28/2010 to add correct documents (King, K.). (Entered: 05/27/2010)

AFFIDAVIT by Marcus R. Brown in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Raymond J. Jones in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Joshua McRavion in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Darius Rutledge in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Jamal Haith in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Antwan Hargrove in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from John Lowery in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Joseph M. Osorio, Jr. in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)

Letter from Leonard Camarata in reference to the case. (Attachments: # 1 Envelope) (King, K.) (Entered: 05/27/2010)