Case: Baggett v. Ashe

Baggett v Ashe

COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-3581425 (Fee Status: Filing Fee paid), filed by Debra Baggett, April Marlborough. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Milton, David) (Entered: 09/15/2011)

1 Category Form

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2 Civil Cover Sheet

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Summons Issued as to Michael J. Ashe, Patricia Murphy. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service.. Consent Form mailed to counsel. (Finn, Mary) (Entered: 09/15/2011)

ELECTRONIC NOTICE of Case Assignment. Judge Michael A. Ponsor assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Kenneth P. Neiman. (Folan, Karen)

WAIVER OF SERVICE Returned Executed by Debra Baggett. Michael J. Ashe waiver sent on 9/16/2011, answer due 11/15/2011. (Friedman, Howard) (Entered: 10/17/2011)

WAIVER OF SERVICE Returned Executed by Debra Baggett. Patricia Murphy waiver sent on 9/16/2011, answer due 11/15/2011. (Friedman, Howard) (Entered: 10/17/2011)

Assented to MOTION for Extension of Time to November 21, 2011 to File Answer to Complaint by Michael J. Ashe, Patricia Murphy.(McDonough, Edward) (Entered: 11/15/2011)

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 5 Motion for Extension of Time to Answer re 1 Complaint Michael J. Ashe answer due 11/21/2011; Patricia Murphy answer due 11/21/2011. (Finn, Mary)

Assented to MOTION for Extension of Time to November 28, 2011 to File Answer by Michael J. Ashe, Patricia Murphy.(McDonough, Edward) (Entered: 11/23/2011)

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 6 Motion for Extension of Time to Answer re 1 Complaint Michael J. Ashe answer due 11/28/2011; Patricia Murphy answer due 11/28/2011. (Finn, Mary)

Defendants' ANSWER to 1 Complaint with Jury Demand by Michael J. Ashe, Patricia Murphy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McDonough, Edward) (Entered: 11/28/2011)

1 Exhibit 1

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2 Exhibit 2

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Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: for a Rule 16 Scheduling Conf..(Finn, Mary)

NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 1/26/2012 at 11:30 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. Joint Statement and LR 16.1 certs by 1/23/12. (Healy, Bethaney) (Entered: 12/12/2011)

CERTIFICATION pursuant to Local Rule 16.1 by Michael J. Ashe, Patricia Murphy.(McDonough, Edward) (Entered: 01/19/2012)

JOINT STATEMENT re scheduling conference . (Milton, David) (Entered: 01/23/2012)

CERTIFICATION pursuant to Local Rule 16.1 for Debra Baggett. (Milton, David) (Entered: 01/23/2012)

CERTIFICATION pursuant to Local Rule 16.1 for April Marlborough. (Milton, David) (Entered: 01/23/2012)

MOTION for Discovery of CORI by Debra Baggett, April Marlborough.(Milton, David) (Entered: 01/24/2012)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Scheduling Conference held on 1/26/2012. Further Scheduling Conference set for 3/12/12 at 3:00 p.m. Parties are interested in utilizing the court's ADR program. Clerk to make arrangements for mediation date. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Milton, Friedman, McDonough, Day) (Healy, Bethaney)

Magistrate Judge Kenneth P. Neiman: ORDER REFERRING CASE to Alternative Dispute Resolution.(Healy, Bethaney) (Entered: 02/07/2012)

Set/Reset Hearings: Further Scheduling Conference set for 3/12/2012 03:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Finn, Mary)

ELECTRONIC NOTICE OF RESCHEDULING ISSUED, cc:cl. Scheduling Conference set for 3/29/2012 at 1:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

ELECTRONIC NOTICE of assignment to ADR Provider. Magistrate Judge Timothy S. Hillman appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne)

ELECTRONIC NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 3/20/2012 10:00 AM in Courtroom 1 - Worcester before Magistrate Judge Timothy S. Hillman. Counsel are directed to be present with their respective clients. The Court will hold a telephone conference with Counsel on 3/15/2012 09:30 AM in Courtroom 1 - Worcester. Counsel are to contact my Clerk, Lisa Belpedio, with their contact information in advance of that date. In addition, each party shall submit a brief memorandum addressing the party's position on the merits of the case and on settlement. This should be filed with my Clerk by e-mail at lisa_belpedio@mad.uscourts.gov no later than two (2) days before the Telephone Status Conference. The memorandum should be marked Confidential - Not for Docketing and will be held in confidence by the Court. If any party believes that the case is not ready for mediation at this time, please notify opposing counsel and the court as soon as possible.(Belpedio, Lisa)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Timothy S. Hillman: Telephone Conference held on 3/15/2012. Case called, Counsel appear by telephone, Counsel discuss logistics of mediation. (Court Reporter: Digital Recording - 9:29 For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Milton, Friedman, McDonough) (Belpedio, Lisa)

JOINT STATEMENT of counsel and proposed discovery schedule. (Milton, David) (Entered: 03/28/2012)

Joint MOTION for Protective Order by Michael J. Ashe, Debra Baggett, April Marlborough, Patricia Murphy. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 03/28/2012)

1 Exhibit 1

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Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 13 Plaintiffs' Motion to Permit Access to CORI Information, subject to the Protective Order to be entered, and granting as well 16 Joint Motion for Protective Order. Order to issue. (Neiman, Kenneth)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Scheduling Conference held on 3/29/2012. Colloquy re: status of settlement. Schedule established with order to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Friedman, Milton, McDonough, Day) (Healy, Bethaney)

REPORT of Alternative Dispute Resolution Provider (Belpedio, Lisa) (Entered: 03/30/2012)

Magistrate Judge Kenneth P. Neiman: PROTECTIVE ORDER ENTERED, cc:cl. (Healy, Bethaney) (Entered: 03/30/2012)

Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER ENTERED, cc:cl. Auto discl by 4/12/12; Ps' motion for class cert filed by 1/18/13; Ds' opp by 2/15/13, to which Ps shall reply by 3/1/13; hearing on motion for class cert set for 3/29/13 at 2:00 p.m. before Judge Michael A. Ponsor; all remaining fact disc (incl. 15 depos per side) compl by 5/24/13; Ps' expert discl re: liability experts, if any, by 6/21/13; Ds' expert discl re: liability experts, if any, by 7/19/13; expert depos compl by 8/16/13; Ds' S/J motion, if any, by 9/13/13; Ps' opp to Ds' motion, together with any cross-motion for S/J filed by 10/4/13, to which Ds may reply by 10/11/13; hearing on any motions for S/J set by 10/30/13 at 2:00 p.m. before Judge Michael A. Ponsor. (Healy, Bethaney) (Main Document 19 replaced on 4/4/2012) (Healy, Bethaney). Modified on 4/4/2012 (Healy, Bethaney). (Entered: 04/03/2012)

Set/Reset Hearings: Hearing re: motion for class certification set for 3/29/2013 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Healy, Bethaney)

MOTION for Extension of Time to June 22, 2012 to Respond to Plaintiffs' Interrogatories and Request for Production of Documents by Michael J. Ashe, Patricia Murphy.(McDonough, Edward) (Main Document 20 replaced on 5/23/2012 with correct signed motion) (Finn, Mary). Modified on 5/23/2012 (Finn, Mary). (Entered: 05/23/2012)

NOTICE of Appearance by Thomas E. Day on behalf of Michael J. Ashe, Patricia Murphy (Day, Thomas) (Entered: 05/23/2012)

MOTION to Compel by Debra Baggett, April Marlborough.(Milton, David) (Entered: 05/23/2012)

MEMORANDUM in Support re 22 MOTION to Compel filed by Debra Baggett, April Marlborough. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Milton, David) (Entered: 05/23/2012)

1 Exhibit 1

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3 Exhibit 3

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MEMORANDUM in Opposition re 20 MOTION for Extension of Time to June 22, 2012 to Respond to Plaintiffs' Interrogatories and Request for Production of Documents filed by Debra Baggett, April Marlborough. (Milton, David) (Entered: 05/23/2012)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part 20 Defendants' Motion for Extension of Time; although Defendants ought to have requested the extension before the time expired within which they were to respond to discovery, the court will nonetheless grant an extension, but to June 15, 2012, only. There shall be no further extensions. As a result, the court denies without prejudice 22 Plaintiffs' Motion to Compel. So ordered. (Neiman, Kenneth)

Second MOTION to Compel by Debra Baggett, April Marlborough.(Milton, David) (Entered: 08/22/2012)

MEMORANDUM in Support re 25 Second MOTION to Compel filed by Debra Baggett, April Marlborough. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 08/22/2012)

1 Exhibit 1

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Assented to MOTION for Extension of Time to 09/14/12 to File Response/Reply as to 25 Second MOTION to Compel by Michael J. Ashe, Patricia Murphy.(Day, Thomas) (Entered: 08/28/2012)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 27 Defendants' assented-to Motion for Extension of Time to September 14, 2012, to File Response to 25 Plaintiffs' Second Motion to Compel. So ordered. (Neiman, Kenneth) (Entered: 08/28/2012)

Opposition re 25 Second MOTION to Compel filed by Michael J. Ashe, Patricia Murphy. (Attachments: # 1 Affidavit Affidavit of Thomas E. Day in support of Defendants' Opposition to Plaintiff's Second Motion to Compel)(Day, Thomas) (Entered: 09/14/2012)

1 Affidavit Affidavit of Thomas E. Day in support of Defendants' Opposition t

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Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part 25 Plaintiffs' Second Motion to Compel, as follows. Defendants shall fully respond to Request No. 8 with regard to all incident reports requested to the extent not yet produced. With regard to Request No 9, Defendants shall provide, in addition to videos already produced, access to all videos (in which a female corrections officer held the video camera) for every third month beginning September of 2008 through the relevant three-and-one-half tear time period. In so ruling, the court finds that the scope of discovery is broader than what Defendants profess and that, for the various reasons set forth in Plaintiffs' motion, the discovery is potentially relevant to the claims of the putative class. The court also concludes that any privacy interests of the videotaped inmates would be more than adequately protected by the existing protective order. In limiting the discovery to every third month, however, the court recognizes the burdens placed on Defendants while ensuring that an appropriate sample of potential evidence is produced. Defendants shall produce the discovery no later than October 26, 2012. So ordered. (Neiman, Kenneth) (Entered: 10/04/2012)

ELECTRONIC NOTICE OF RESCHEDULING Hearing set for 3/28/2013 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Hearing re: motion for class certification set for 3/29/2013 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor has been rescheduled.)(Pelegano, Theresa) (Entered: 12/07/2012)

Assented to MOTION for Hearing (to wit, a Status Conference) by Debra Baggett, April Marlborough.(Milton, David) (Entered: 12/11/2012)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 32 Motion for Status Conference, cc:cl. Allowed. Counsel shall appear for a status conference on January 8, 2013, at 2:00 p.m. in Hampshire Courtroom. So ordered. (Healy, Bethaney) (Entered: 12/14/2012)

Set/Reset Hearings: Case Management Conference set for 1/8/2013 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) (Entered: 12/14/2012)

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Case Management Conference held on 1/8/2013. Colloquy re: status of case. Revised schedule to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Milton, Day) (Healy, Bethaney) (Entered: 01/08/2013)

Magistrate Judge Kenneth P. Neiman: REVISED SCHEDULING ORDER ENTERED, cc:cl. Ps' motion for class cert filed by 3/1/2013, with Ds' opp by 4/1/13, and Ps' reply by 4/15/13; a hearing on the motion for class certification is set for 5/2/13 at 2:00 p.m. before Judge Michael A. Ponsor (the 3/29/13 hearing is canceled); the remaining schedule set out in the 3/29/12 Scheduling Order shall stay in effect. (Healy, Bethaney) Modified on 1/9/2013 to correct the motion filing deadline to 3/1/2013. (Finn, Mary). (Entered: 01/09/2013)

Set/Reset Hearings: Hearing on Motion for Class Certification set for 5/2/2013 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Healy, Bethaney) (Entered: 01/09/2013)

Set/Reset Deadlines: Ps' motion for classs certification due by 3/1/2013. (Finn, Mary) (Entered: 01/09/2013)

Assented to MOTION for Leave to File Under Seal by Debra Baggett, April Marlborough.(Milton, David) (Entered: 03/01/2013)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 39 Motion for Leave to File Under Seal motion for class certification, memorandum in support, exhibits and declaration, Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) (Entered: 03/01/2013)

MOTION to Certify Class under Rule 23(b)(3) by Debra Baggett.(Milton, David) (Entered: 03/01/2013)

MEMORANDUM in Support re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. (Milton, David) (Entered: 03/01/2013)

AFFIDAVIT of David Milton in Support re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (not filed on ECF), # 7 Exhibit 7 (not filed on ECF), # 8 Exhibit 8 (not filed on ECF), # 9 Exhibit 9 (not filed on ECF))(Milton, David) (Entered: 03/01/2013)

1 Exhibit 1

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6 (not filed on ECF)

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7 Exhibit 7 (not filed on ECF)

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8 Exhibit 8 (not filed on ECF)

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9 Exhibit 9 (not filed on ECF)

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AFFIDAVIT of Expert Wendy Still in Support re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. (Attachments: # 1 Exhibit A)(Milton, David) (Entered: 03/01/2013)

1 Exhibit A

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AFFIDAVIT of Howard Friedman in Support re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. (Friedman, Howard) (Entered: 03/01/2013)

Set/Reset Deadlines as to 41 MOTION to Certify Class under Rule 23(b)(3). Responses due by 4/1/2013 Replies due by 4/15/2013. Motion Hearing set for 5/2/2013 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Finn, Mary) (Entered: 03/04/2013)

ELECTRONIC NOTICE issued requesting courtesy copy for 43 Affidavit in Support of Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by March 8, 2013. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary)

Remark - #'s 47 - 50 placed in the vault due to being sealed. (Finn, Mary)

Remark - Courtesy copy of document 43 - UNREDACTED VERSION received and placed in the vault. (Finn, Mary)

Third MOTION to Compel by Debra Baggett, April Marlborough.(Milton, David) (Entered: 03/08/2013)

MEMORANDUM in Support re 51 Third MOTION to Compel filed by Debra Baggett, April Marlborough. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Milton, David) (Entered: 03/08/2013)

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3 Exhibit 3

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Joint MOTION for Protective Order (Supplement to Existing Protective Order) by Debra Baggett, April Marlborough. (Attachments: # 1 Text of Proposed Order)(Milton, David) (Entered: 03/19/2013)

1 Text of Proposed Order

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Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 53 Joint Motion for Protective Order. Order to enter. (Neiman, Kenneth) (Entered: 03/20/2013)

Magistrate Judge Kenneth P. Neiman: PROTECTIVE ORDER ENTERED, cc:cl. (Healy, Bethaney) (Entered: 03/21/2013)

RESPONSE to Motion re 51 Third MOTION to Compel filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 03/22/2013)

MOTION for Extension of Time to April 15, 2013 to File Response/Reply as to 41 MOTION to Certify Class under Rule 23(b)(3) and Plaintiff's Reply Brief to Defendants' Opposition and MOTION to continue the May 2, 2013 Motion Hearing by Michael J. Ashe, Patricia Murphy.(Day, Thomas) (Main Document 57 replaced on 3/25/2013 with correct main document and Added an additional relief = MOTION to Continue on 3/25/2013 (Finn, Mary). (Entered: 03/22/2013)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 51 Plaintiffs' Third Motion to Compel in light of Defendants' representation that they have no objection to provide additional information beyond that already provided within seven days. Accordingly, Defendants shall provide the additional discovery by April 1, 2013. So ordered. (Neiman, Kenneth) (Entered: 03/25/2013)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part 57 Defendants' Motion for Extension of Time to File Opposition to Motion for Class Certification. The opposition shall be filed by April 10, 2013, with a reply, if any, filed by April 24, 2013. The hearing shall go forward as scheduled on May 2, 2013. So ordered. (Neiman, Kenneth) (Entered: 03/25/2013)

MOTION to Quash or MOTION to Modify Subpoena of Plaintiffs and MOTION to Intervene by Department of Correction for the State of Massachusetts. (Attachments: # 1 Exhibit 1,2)(Poole, C.). Added an additional relief MOTION to Intervene on 4/8/2013. Added an additional relief - MOTION to Modify on 4/17/2013 (Finn, Mary). (Entered: 04/08/2013)

1 Exhibit 1,2

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Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 04/10/2013)

MEMORANDUM in Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 04/11/2013)

AFFIDAVIT of Vaughan in Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 04/11/2013)

AFFIDAVIT of Murphy in Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Day, Thomas) (Entered: 04/11/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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AFFIDAVIT of Day in Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 04/11/2013)

AFFIDAVIT of Burke in Opposition re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Michael J. Ashe, Patricia Murphy. (Day, Thomas) (Entered: 04/11/2013)

Assented to MOTION for Protective Order (motion to permit non-party Middlesex Sheriff's Department to produce documents subject to protective order) by Debra Baggett.(Milton, David) (Entered: 04/17/2013)

Opposition re 60 MOTION to Quash or Modify Subpoena of Plaintiffs MOTION to Intervene filed by Debra Baggett. (Milton, David) (Entered: 04/17/2013)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 67 assented-to Motion for Protective Order. So ordered. (Neiman, Kenneth) (Entered: 04/17/2013)

REPLY to Response to 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. (Milton, David) (Entered: 04/24/2013)

DECLARATION re 70 Reply to Response to Motion by Debra Baggett. (Milton, David) (Entered: 04/24/2013)

Joint MOTION for Extension of Time to Complete Discovery by Debra Baggett.(Milton, David) (Entered: 04/29/2013)

MOTION for a View on May 2, 2013 prior to hearing on Plaintiffs' Motion to Certify Class by Michael J. Ashe, Patricia Murphy.(Day, Thomas) (Entered: 04/29/2013)

Opposition re 73 MOTION for a View on May 2, 2013 prior to hearing on Plaintiffs' Motion to Certify Class filed by Debra Baggett. (Milton, David) (Entered: 04/29/2013)

Judge Michael A. Ponsor: ENDORSED ORDER entered denying 73 Motion for a View. DENIED without prejudice. The court is not available prior to the hearing. A view may be arranged afterwards, if appropriate. So ordered. (Lindsay, Maurice) (Entered: 04/30/2013)

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 72 Joint Motion for Extend Discovery. ALLOWED. The proposed schedule is hereby adopted as an order of the court. So ordered. (Lindsay, Maurice)

Assented to MOTION To Withdraw April Marlborough as Representative of Putative Class by Debra Baggett.(Milton, David) (Entered: 05/02/2013)

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part and denying in part 60 the Massachusetts Department of Correction ("MDOC")'s Motion to Intervene and Motion to Quash or Modify Subpoena of Plaintiffs. As an initial matter, the requests for intervention and to entirely quash the subpoena are DENIED. The request for Modification of the subpoena, however, is GRANTED, but in part only, as follows. First, this order shall apply to all three state correctional institutions which are the subject of the subpoena. Second, Plaintiffs and MDOC shall forthwith enter into a Protective Order substantially if not entirely similar to the protective order which applies to Plaintiffs and Defendants. Third, by May 9, 2013, and subject to the further provisos below, MDOC shall produce the public policies and procedures to Plaintiffs. Fourth, by May 16, 2013, MDOC shall produce to Plaintiffs the private policies, i.e., staff access only policies, and the post orders to Plaintiffs, subject to the further provisos below. Fifth, notwithstanding the protective order, MDOC may redact from the private policies and post orders such material as falls entirely outside the subject matter of Schedule A of the subpoena, on the further condition, however, that the general subject matter of the redacted portions shall be described to Plaintiffs by MDOC; Plaintiffs are free to challenge those redactions at a later date.. Sixth, MDOC need only produce current policies and procedures (whether public or private) and post orders of an institution if those policies, procedures and/or post orders, as applicable, are accompanied by an affidavit which indicates that they have not materially changed since September of 2008. So ordered. (Neiman, Kenneth) (Entered: 05/02/2013)

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 5/2/2013 re 41 MOTION to Certify Class under Rule 23(b)(3) filed by Debra Baggett. Argument completed. Court takes matter under advisement. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Milton, Friedman, Day) (Pelegano, Theresa) (Entered: 05/02/2013)

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 76 Motion to Withdraw April Marlborough as Representative of Putative Class. ALLOWED. (Lindsay, Maurice) (Entered: 05/13/2013)

Fourth MOTION to Compel by Debra Baggett.(Milton, David) (Entered: 05/15/2013)

MEMORANDUM in Support re 80 Fourth MOTION to Compel filed by Debra Baggett. (Milton, David) (Entered: 05/15/2013)

NOTICE of Withdrawal of Appearance by Edward J. McDonough, Jr (McDonough, Edward) (Entered: 05/15/2013)

Joint MOTION for Protective Order by Debra Baggett, Department of Correction for the State of Massachusetts. (Attachments: # 1 Proposed Protective Order)(Milton, David) (Entered: 05/21/2013)

1 Proposed Protective Order

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Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 83 Joint Motion for Protective Order. Order to issue. (Neiman, Kenneth) (Entered: 05/22/2013)

Magistrate Judge Kenneth P. Neiman: ORDER entered. PROTECTIVE ORDER Governing Documents Produced by Non-Party Mass. Dept. of Correction. See the attached order for details. (Attachments: # 1 Attachment A)(Lindsay, Maurice) (Entered: 05/22/2013)

1 Attachment A

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MOTION for Protective Order Pursuant to Rule 26(c) by Michael J. Ashe, Patricia Murphy.(Day, Thomas) (Entered: 05/23/2013)