Case: Beehler v. Jeffes

Written status report from Theodore Otto, Bureau of Corrections, with exhibits, copies to all counsel. (bs) (Entered: 07/13/1989)

Written status report from Theodore Otto with attachments. cc to all counsel. (bs) (Entered: 08/10/1989)

MOTION by plaintiffs, for partial dismissal w/ attachments and c of s. (cd) (Entered: 08/18/1989)

Notice by plaintiffs of partial dismissal (cd) (Entered: 08/18/1989)

Memorandum of Law by plaintiffs re motion for partial dismissal w/ exhibits. (cd) Modified on 08/18/1989 (Entered: 08/18/1989)

MOTION with brief in support by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins, for partial dismissal of class action , with exhibit, C of S 8/16/89. (bs) (Entered: 08/21/1989)

Proposed Order by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins granting partial dismissal of class action. (bs) (Entered: 08/21/1989)

ORDER by Judge Edwin M. Kosik granting order proposed [0−0] granting motion for partial dismissal of class action [181−1] It is ordered that the 1st, 3rd, 5th, 7th, 9th, 12th, 13th, 14th, 15th, &16th claims of plaintiffs' complaint are voluntarily dismissed w/o prejudice and 11th claim is dismissed without prejudice. Dismissal of above claims does not prejudice plaintiffs' claims for attorney fees and costs for the claims dismissed. (cc: all counsel) (bs) (Entered: 08/31/1989)

Mail Returned containing order of 8/30/89 to Susan Carey Nicholas, Esq. − forwarding address expired. (bs) (Entered: 09/20/1989)

ORDER by Judge Edwin M. Kosik vacating [182−1] order granting plaintiff's motion for partial dismissal. Notice shall be given to members of the class in the form proposed by plaintiffs. (cc: all counsel) original in security. (bs) (Entered: 09/19/1989)

Mail Returned addressed to Atty. Nicholas with copy of order dated 9/19/89. − No forwarding address. (bs) (Entered: 10/11/1989)

Proposed Order by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins granting partial dismissal of class action. (bs) (Entered: 11/24/1989)

ORDER by Judge Edwin M. Kosik granting order proposed Partial dismissal of Class Action [0−0] (cc: all counsel) (bs) (Entered: 11/27/1989)

Mail Returned addressed to Atty. Nicholas containing order order of 11/27/89 − not remailed. (bs) (Entered: 12/11/1989)

Written status report from DAG Amy Zapp. cc to all cnsl. (bs) (Entered: 12/11/1989)

Proposed Order (Stip) by plaintiffs and defendants, re: 6 mos. continuation of stip of 6/8/89. (bs) (Entered: 12/13/1989)

Written status report by Atty. Otto. cc to all cnsl. (bs) (Entered: 12/19/1989)

ORDER by Judge Edwin M. Kosik granting order proposed granting continuation of stip of parties which was approved 6/8/89. [0−0] (cc: all counsel) (bs) (Entered: 12/18/1989)

Written monthly status report by defendant cnsl. Theodore Otto. C of S per letter. (bs) (Entered: 01/18/1990)

Written status report by defendant Glen Jeffes. cc to all cnsl. (bs) (Entered: 04/23/1990)

Written status report by plaintiffs w/exh. cc to all cnsl. (bs) (Entered: 06/18/1990)

Stipulation of all parties for 2nd 6 month continuation of stip filed on 6/5/89 (attached) w/following amendments: 1. doc. which appears as Exh. A is replaced by Appendix B (attached). 2. The reported provisions specified in Part IV sec. K of stip are eliminated; the info. ordinarily reported therein will be included instead of monthly reports to be supplied. (bs) (Entered: 07/02/1990)

ORDER by Judge Edwin M. Kosik granting stipulation [194−1] that doc. Exh. A filed 6/5/89 is replaced w/appex. B attached; reporting provisions specified in Part IV K of stip are eliminated instead monthly reports will be supplied. (cc: all counsel) (bs) (Entered: 07/09/1990)

Mail Returned containing stip order of 6/29/90 to Atty. Dolan. (bs) (Entered: 07/19/1990)

Mail Returned containing stip &order of 6/29/90 addressed to Susan Cary Nicholas, Esq. (bs) (Entered: 07/19/1990)

ORDER by Judge Edwin M. Kosik ;pretrial conferenceon issue of Medical Monitoring is scheduled for 1:00 9/6/90 (cc: all counsel) (bs) (Entered: 07/23/1990)

Written status report by Theoore Otto cnsl. or defendant Glen Jeffes. C of S per letter. (bs) (Entered: 07/30/1990)

Mail Returned containing order of 7/23/90 to Atty. Dolan − no forwarding address. (bs) (Entered: 07/31/1990)

Mail Returned containing order of 7/23/90 addressed to Atty. Susan Cary Nicholas. (bs) (Entered: 08/02/1990)

Pre−Trial Memorandum submitted by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie Scott, plaintiff Patricia Smith, plaintiff Sharon Wiggins (bs) (Entered: 09/05/1990)

Proposed Findings of Fact and Conclusions of Law by plaintiff Toni Anderson, plaintiff Pauletta Beehler, plaintiff Marie plaintiff Patricia Smith, plaintiff Sharon Wiggins. C of S 9/4/90. (bs) (Entered: 09/05/1990)

Pre−Trial Memorandum submitted by defendant Ann M Goolsby, defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn. C of S 9/4/90. (bs) (Entered: 09/06/1990)

PRE−TRIAL CONF. HELD on 9/6/90. Tenative trial date for October. Cnsl. to advise Court re: transcripts and availability of witnesses. (bs) (Entered: 09/07/1990)

ORDER by Judge Edwin M. Kosik Nonjury trial on medical monitoring is set 9:00 10/11/90 (cc: all counsel, Warden &USM) (bs) Modified on 09/14/1990 (Entered: 09/14/1990)

Substitution of counsel: terminating attorney Rebecca Borden for Sharon Wiggins, attorney Susan Cary Nicholas for Sharon Wiggins, attorney Rebecca Borden for Patricia Smith, attorney Susan Cary Nicholas for Patricia Smith, attorney Rebecca Borden for Marie Scott, attorney Susan Cary Nicholas for Marie Scott, attorney Rebecca Borden for Pauletta Beehler, attorney Susan Cary Nicholas for Pauletta Beehler, attorney Rebecca Borden for Toni Anderson, attorney Susan Cary Nicholas for Toni Anderson and substituting attorney Linda Wharton. (bs) (Entered: 09/24/1990)

Transcript filed of preliminary injunction hearing held 12/16/88 − Testimony of John Emerich. (Spearing). (bs) (Entered: 10/01/1990)

Transcript filed of Preliminary Inj. Hearing held 12/16/88 − Testimony of Jerry Roseman. (Spearing) (bs) (Entered: 10/01/1990)

Transcript filed of Preliminary Inj. Hearing held 12/16/88− Testimony of Donald Miller. (Spearing) (bs) (Entered: 10/01/1990)

Transcript filed of Preliminary Inj. Hearing held 12/16/88 − Testimony of Sharon Wiggins. (Spearing) (bs) (Entered: 10/01/1990)

RETURN OF SERVICE of Subpoena executed upon Donald E. Miller on 10/1/90 by USM (MFE $7.80) (bs) (Entered: 10/11/1990)

ENTRY OF ATTORNEY APPEARANCE for defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn of DAG Daniel Doyle. C of S 10/11/90. (bs) (Entered: 10/11/1990)

Transcript filed of non jury trial held 10/11/90. (Kunigiel) (bs) (Entered: 11/07/1990)

Letter to court from Atty. Thomas Place re: briefing schedule concerning issue on med. monitoring. cc: Zapp (bs) (Entered: 01/28/1991)

Steno notes of proceedings − non jury trial held 10/11/90 (Kunigiel) (bs) (Entered: 01/29/1991)

Stipulation of all parties re: a third 6 month continuation of stip filed 6/5//89. Attached are replacements to said stipulation of 6/5/89. (bs) (Entered: 02/04/1991)

ORDER by Judge Edwin M. Kosik granting stipulation that the doc. which appears as Exh. A to the stip filed on 6/5/89 is replaced by that which appears in Appendix B hereto. That reporting provisions specified in Part IV, K of the Stip are eliminated; the information ordinarily reported therein will be included instead in the monthly reports to be supplied [216−1] (cc: all counsel) (bs) (Entered: 02/08/1991)

Undisputed Facts by plaintiffs, &defendants. (bs) (Entered: 02/13/1991)

Undisputed facts (corrected copy) by plaintiff &defendant. (bs) (Entered: 02/14/1991)

Brief by plaintiffs in support of req. for an order establishing a plan for medical monitoring. (bs) (Entered: 02/28/1991)

Brief by defendant Ann M Goolsby, defendant Carolyn Hill, defendant Glen Jeffes, defendant Ronald J Marks, defendant Richard Nierle, defendant Robert C Wilburn in opposition to pltf's req. for asbestos−related medical monitoring w/exh. C of S 3/19/91. (bs) (Entered: 03/22/1991)

Reply brief by plaintiffs'. C of S 4/1/91. (bs) (Entered: 04/03/1991)

Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW by plaintiffs. C of S 4/10/91. (bs) (Entered: 04/16/1991)

Transcript filed of prelimin. inj. hearing held 12/16/88 − Testimony of Gregory White. (Spearing) (bs) (Entered: 05/08/1991)

Transcript filed of prelim. inj. hearing held 12/16/88 − Testimony of Jack Follweiler (Spearing) (bs) (Entered: 05/08/1991)

MOTION with brief in support by plaintiffs for an interim award of cnsl fees and costs . C of S 6/14/91. (bs) (Entered: 06/18/1991)

Appendix to pltf's mot. for interim award of cnsl. fees and costs. (bs) (Entered: 06/18/1991)

MOTION by defendants to extend time to file resp. to pltfs' mot. for interim Attys. fees Cert. of noncon. C of S 7/5/91. (bs) (Entered: 07/11/1991)

Brief by plaintiffs in opposition to motion to extend time to file resp. to pltfs' mot. for interim Attys. fees [227−1] ;reply brief due 7/24/91. C of S 7/9/91. (bs) (Entered: 07/15/1991)

ORDER by Judge Edwin M. Kosik granting motion to extend time to file resp. to pltfs' mot. for interim Attys. fees [227−1] re motion for an interim award of cnsl fees and costs [225−1] 8/31/91 (cc: all counsel) (bs) (Entered: 07/15/1991)

MOTION by defendants to extend time in which to file their br. in oppos. to pltf's mot. for interim award of Attys' fees , Cert. of con. C of S 9/3/91. (bs) (Entered:

ORDER by Judge Edwin M. Kosik granting motion to extend time in which to file their br. in oppos. to pltf's mot. for interim award of Attys' fees [230−1] [225−1] until 9/13/91 (cc: all counsel) (bs) (Entered: 09/10/1991)

Stipulation of parties to a 6 month continuation of stip of 6/5/89 and 2/8/91. (bs) (Entered: 09/16/1991)

MOTION by defendants to strike Cert. of noncon. C of S 9/16/91. (bs) (Entered: 09/19/1991)

Brief by defendant in opposition to motion for an interim award of cnsl fees and costs [225−1] w/exh. ;reply brief due 9/30/91. C of S 9/16/91. (bs) (Entered: 09/19/1991)

ORDER by Judge Edwin M. Kosik granting stipulation [233−1] that a 4th 6 month continuation of stip that was initially filed w/ct. on 6/5/89 and most recently contiued on 2/9/91, (cc: all counsel) (bs) (Entered: 09/19/1991)

Brief (Corrected Copy) by defendants in opposition to motion for an interim award of cnsl fees and costs [225−1] ; reply brief due 10/3/91. C of S 9/20/91. (bs) (Entered: 09/24/1991)

Brief by defendants in support of motion to strike [235−1] w/exh. C of S 9/30/91. (bs) (Entered: 10/02/1991)

Letter to court from cnsl. for plaintiffs asking for ext. of time to file reply br. re: pending mot. for interim award of cnsl. fees and costs. copy to DAG Zapp. (bs) (Entered: 10/11/1991)

ORDER by Judge Edwin M. Kosik granting ext. of time to file reply br. in supp. of their motion for an interim award of cnsl fees and costs [225−1] (cc: all counsel) (bs) (Entered: 10/11/1991)

Brief by plaintiff in opposition to motion to strike [235−1] ;reply brief due 10/30/91. C of S 10/16/91. (bs) (Entered: 10/17/1991)

Reply brief by defendants in support of motion to strike [235−1]. C of S 11/4/91. (bs) (Entered: 11/07/1991)

NOTICE of change of address for Atty. Dolan. (bs) (Entered: 11/12/1991)

RETURN OF SERVICE of Depos. Subpoena executed on 11/14/91 upon Morey Myers. (bs) (Entered: 11/15/1991)

MOTION by Atty. Morey Myers to quash subpoena w/exh. Cert. of con/noncon. C of S 11/20/91. (bs) (Entered: 11/21/1991)

MOTION with brief in support by plaintiff for payment of an interlocutory counsel fee pending disposition of their main fees motion Cert. of noncon. C of S 11/26/91. (bs) (Entered: 12/03/1991)

Brief by unknown Morey M. Myers in support of motion to quash subpoena [244−1]. C of S 12/5/91/. (bs) (Entered: 12/09/1991)

Affidavit of Richard Spiegelman (bs) (Entered: 12/09/1991)

Notice by plaintiff of taking deposition of Morey Myers on 10/22/91 at 10:00 am. C of S 10/7/91. (bs) (Entered: 12/13/1991)

MEMORANDUM − by defendants in opposition to motion for payment of an interlocutory counsel fee pending disposition of their main fees motion; C of S (jb) (Entered: 12/17/1991)

Remark; Doc #249 to K. (jb) (Entered: 12/17/1991)

BRIEF − by plaintiff in opposition to motion to quash subpoena; C of S (jb) (Entered: 12/30/1991)

Reply brief by plaintiff in support of motion for payment of an interlocutory counsel fee pending disposition of their main fees motion [245−1]. C of S 1/3/92. (bs) (Entered: 01/06/1992)

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik [245−1] motion for payment of an interlocutory counsel fee pending disposition of their main fees motion, the ct. concludes (that the interlocutory fee dispute the defts shall pay to cnsl. for pltfs. uncontested amt. of $175,147.59 as partial payment of fees until the ct. determines otherwise) ; denying motion to quash subpoena [244−1] (cc: all counsel) (bs) (Entered: 01/14/1992)

REPLY BRIEF FILED by Morey M. Myers regarding motion to quash subpoena [244−1] and C of S (ls) (Entered: 01/16/1992)

Remark doc 254 to Kosik (ls) (Entered: 01/16/1992)

Proposed Stipulation of the Parties for a 5th 6 months Stipulation (ls) (Entered: 04/22/1992)

Stipulation and ORDER by Judge Edwin M. Kosik :that parties hereby stipulate a 5th 6 month continuation of the stip of the parties that was initially filed w/the ct. on 6/5/89 and most recently continued on 9/19/91. (cc: all counsel) (bs) (Entered: 04/27/1992)

Letter to court fr DAG Zapp dated 5/6/92 re discussion of case &attaching copies various record docs from Rauser (jw) (Entered: 05/07/1992)

Reply brief by plaintiff in further support of their motion for an interim award of cnsl fees and costs [225−1] and c/s (jw) (Entered: 05/13/1992)

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik The Ct concludes the 8th Amendment constitutional right of pltfs was not violated. Accordingly, the claim for equitable relief will be denied. (cc: all counsel and pltfs) (jw) (Entered: 06/24/1992)

MOTION by plaintiffs to proceed in forma pauperis on appeal (bs) (Entered: 07/29/1992)

Notice of appeal by plaintiff Pauletta Beehler, plaintiff Toni Anderson, plaintiff Sharon Wiggins, plaintiff Patricia Smith from District Court order filed 6/24/92 [258−1] (TPO handed to attorney, certified copies, notice of appeal, order being appealed, with info/ack to USCA. (cc: all counsel, C/R and Judge Kosik) (bs) (Entered: 07/29/1992)

ORDER by Judge Edwin M. Kosik granting motion to proceed in forma pauperis on appeal [259−1] (cc: all counsel) (bs) (Entered: 07/30/1992)

Transcript Purchase Order for dates: Already on file in D.C. Court TPO filed by attorney Place. (bs) (Entered: 08/03/1992)

RECORD COMPLETE FOR PURPOSES OF APPEAL (bs) (Entered: 08/03/1992)

Certified copy of docket in lieu of record on appeal transmitted to USCA (bs) (Entered: 08/03/1992)

Notification by Circuit Court of Appellate Docket Number 92−7391 (bs) (Entered: 08/04/1992)

Acknowledgement Received from USCA for cert. list in lieu of record on appeal − ack. 8/4/92. (bs) (Entered: 08/11/1992)

Proposed Stipulation of the parties to a sixth six−month continuation of previously stipulation (ls) (Entered: 10/26/1992)

MEMORANDUM AND ORDER: by Judge Edwin M. Kosik 1. pltfs motion for award of counsel fees and costs is granted in part; 2. ptfs are awarded counsel fees and costs from defts in the amt of $545,327.49; and 3. the awarded counsel fees and costs are to be distributed in accordance with the attached Memorandum. (cc: all counsel) (ls) (Entered: 02/01/1993)