Case: Roppolo v. Linthicum

United States of America v. Crow

U.S. Court of Appeals for the Fifth Circuit

Matthew J. Akiyama, MD, MSc; Tessa Bialek, JD; Raphael Simonson, BA

Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-23158395) filed by Matthew Roppolo. (Attachments: # 1 Civil Cover Sheet)(Edwards, Jeffrey) (Entered: 09/11/2019)

1 Civil Cover Sheet

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ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/12/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(ChristinaAvila, 2) (Entered: 09/16/2019)

First AMENDED COMPLAINT against Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick filed by Matthew Roppolo. Related document: 1 Complaint filed by Matthew Roppolo.(Edwards, Jeffrey) (Entered: 09/19/2019)

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons for Murray, # 2 Summons for Raimer, # 3 Summons for Jumper, # 4 Summons for Burrow, # 5 Summons for Hudson, # 6 Summons for Wyrick, # 7 Summons for Burruss, # 8 Summons for Johnson, # 9 Summons for Garcia, # 10 Summons for TDCJ, # 11 Summons for UTMB)(Edwards, Jeffrey) (Entered: 09/20/2019)

1 Summons for Murray

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2 Summons for Raimer

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3 Summons for Jumper

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4 Summons for Burrow

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5 Summons for Hudson

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6 Summons for Wyrick

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7 Summons for Burruss

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8 Summons for Johnson

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9 Summons for Garcia

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10 Summons for TDCJ

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11 Summons for UTMB

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Summons Issued/Not Issued

Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(ChristinaAvila, 2)

Unopposed MOTION for Leave to File Excess Pages by Matthew Roppolo, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 10/04/2019)

MOTION to Certify Class by Matthew Roppolo, filed. Motion Docket Date 10/25/2019. (Attachments: # 1 Exhibit 1 - Declaration and Report of Dr. Stacey Trooskin, M.D., Ph.D., MPH, # 2 Exhibit 2 - CMHC Infection Control - Hepatitis C Policy, # 3 Exhibit 3 - CMHC Agenda, Hepatitis C Policy and Program (June 20, 2018), # 4 Exhibit 4 - TDCJ Statistical Report FY2017, # 5 Exhibit 5 - TDCJ Statistical Report FY2016, # 6 Exhibit 6 - TDCJ Statistical Report FY2015, # 7 Exhibit 7 - Texas Cancer Registry, Liver Cancer in Texas Web Report 2001-2015, # 8 Exhibit 8 - AASLD, HCV Guidance (May 24, 2018), # 9 Exhibit 9 - CMC Formulary 24th edition - Chronic HCV Evaluation and Treatment, # 10 Exhibit 10 - CDC, Hepatitis C Questions and Answers for the Public, # 11 Exhibit 11 - NIH, Definition & Facts for Cirrhosis, # 12 Exhibit 12 - CDC, Hepatitis C General Information, # 13 Exhibit 13 - Dr. Owen Murray, Joint Hearing on Correctional Health, # 14 Exhibit 14 - CMHCC, Powerpoint presentation (June 20, 2018), # 15 Exhibit 15 - NIH, Symptoms & Causes of Cirrhosis, # 16 Exhibit 16 - CDC, Viral Hepatitis and Liver Cancer, # 17 Exhibit 17 - Declaration of Jeffrey Edwards, # 18 Proposed Order)(Edwards, Jeffrey) (Entered: 10/04/2019)

1 Exhibit 1 - Declaration and Report of Dr. Stacey Trooskin, M.D., Ph.D., MPH

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2 Exhibit 2 - CMHC Infection Control - Hepatitis C Policy

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3 Exhibit 3 - CMHC Agenda, Hepatitis C Policy and Program (June 20, 2018)

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4 Exhibit 4 - TDCJ Statistical Report FY2017

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5 Exhibit 5 - TDCJ Statistical Report FY2016

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6 Exhibit 6 - TDCJ Statistical Report FY2015

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7 Exhibit 7 - Texas Cancer Registry, Liver Cancer in Texas Web Report 2001-2015

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8 Exhibit 8 - AASLD, HCV Guidance (May 24, 2018)

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9 Exhibit 9 - CMC Formulary 24th edition - Chronic HCV Evaluation and Treatment

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10 Exhibit 10 - CDC, Hepatitis C Questions and Answers for the Public

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11 Exhibit 11 - NIH, Definition & Facts for Cirrhosis

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12 Exhibit 12 - CDC, Hepatitis C General Information

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13 Exhibit 13 - Dr. Owen Murray, Joint Hearing on Correctional Health

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14 Exhibit 14 - CMHCC, Powerpoint presentation (June 20, 2018)

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15 Exhibit 15 - NIH, Symptoms & Causes of Cirrhosis

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16 Exhibit 16 - CDC, Viral Hepatitis and Liver Cancer

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17 Exhibit 17 - Declaration of Jeffrey Edwards

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18 Proposed Order

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ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT - granting 5 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 10/07/2019)

RETURN of Service of SUMMONS Executed as to All Defendants, filed. (Attachments: # 1 TDCJ Summons Return, # 2 Ben Raimer Summons Return, # 3 Cynthia Jumper Summons Return, # 4 Rodney Burrow Summons Return, # 5 F Parker Hudson Summons Return, # 6 Erin Wyrick Summons Return, # 7 John Burruss Summons Return, # 8 Preston Johnson Summons Return, # 9 Kelly Garcia Summons Return, # 10 Owen Murray Summons Return, # 11 UTMB Summons Return)(Edwards, Jeffrey) (Entered: 10/09/2019)

MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 11/4/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 10/14/2019)

ORDER granting 9 Motion for Extension of Time. The new deadline to file an answer or otherwise plead is extended to November 21, 2019.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 10/15/2019)

NOTICE of Appearance by Amy L. Prasad on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Hudson, Eric) (Entered: 10/22/2019)

NOTICE of Appearance by Courtney Corbello on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Hudson, Eric) (Entered: 10/22/2019)

NOTICE of Appearance by Rola Daaboul on behalf of F. Parker Hudson III, Owen Murray, Ben Raimer, University of Texas Medical Branch Correctional Managed Care, filed. (Hudson, Eric) (Entered: 10/22/2019)

Joint MOTION for Extension of Time Extend Response Deadlines by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 11/13/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 10/23/2019)

BRIEFING SCHEDULE. Plaintiff's Motion for Class Certification due by 10/4/2019. Defendant's Responses due by 12/13/2019. Plaintiff's Reply is due on 1/13/2020. Oral Arguments are set for 2/13/2020 at 01:30 PM before Judge Nelva Gonzales Ramos.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jalvarez, 2) (Entered: 10/24/2019)

Unopposed MOTION to Amend 3 Amended Complaint/Counterclaim/Crossclaim etc., by Matthew Roppolo, Da-Na Allen, filed. Motion Docket Date 11/29/2019. (Attachments: # 1 Exhibit 1 - Plaintiffs' Second Amended Complaint, # 2 Proposed Order)(Edwards, Jeffrey) (Entered: 11/07/2019)

ORDER granting Plaintiffs' Unopposed 16 Motion For Leave to Amend Complaint.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(jalvarez, 2) (Entered: 11/08/2019)

PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT against Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed by Matthew Roppolo, Da-Na Allen.(jalvarez, 2) (Entered: 11/08/2019)

First AMENDED 6 MOTION( Motion Docket Date 11/29/2019.), MOTION to Certify Class by Da-Na Allen, Matthew Roppolo, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order)(Edwards, Jeffrey) (Entered: 11/08/2019)

MOTION to Dismiss 18 Amended Complaint/Counterclaim/Crossclaim etc., by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 12/12/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 11/21/2019)

Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 12/18/2019. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 11/27/2019)

REPORT of Rule 26(f) Planning Meeting by Da-Na Allen, Matthew Roppolo, filed.(Edwards, Jeffrey) (Entered: 11/27/2019)

ORDER granting 21 Motion for Extension of Time to Respond to Motion to Dismiss. Response is due 1/10/2020..(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 12/02/2019)

CERTIFICATE OF INTERESTED PARTIES by Da-Na Allen, Matthew Roppolo, filed.(Edwards, Jeffrey) (Entered: 12/02/2019)

CERTIFICATE OF INTERESTED PARTIES by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 12/02/2019)

Unopposed MOTION for Extension of Time to Extend Class Certification Deadlines by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 12/26/2019. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 12/04/2019)

ORDER granting 26 Unopposed MOTION for Extension of Time to Extend Class Certification Deadlines ( Deft Expert Witness List due by 1/31/2020., Pltf Expert Witness List due by 1/31/2020., Responses due by 2/28/2020., Replies due by 4/3/2020, Oral Argument Hearing set for 5/5/2020 at 01:30 PM before Judge Nelva Gonzales Ramos). (Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2) (Entered: 12/05/2019)

Joint MOTION for Protective Order by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 1/2/2020. (Edwards, Jeffrey) (Entered: 12/12/2019)

Pretrial Conference

Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. INITIAL PRETRIAL CONFERENCE held on 12/12/2019. Parties give summary of case. Discussion held regarding discovery. Parties to work together on discovery. Parties to submit Protective Order by 12/13/19. Briefing schedule on class certification has already been entered. Deft to notify Plaintiffs within 10 days if Plaintiffs are given meds. Plaintiffs may file a Preliminary Injunction prior to class certification ruling. There is a pending motion to dismiss that is not ripe at this time. Appearances: Jeffrey S Edwards, Eric Alan Hudson, Courtney Brooke Corbello, Amy L Hunsucker Prasad, Michael C Singley.(Digital # 9:13-9:27, 9:36-9:44)(ERO:G. Rogan), filed.(bcortez, 2)

Unopposed MOTION for Rola Daaboul to Withdraw as Attorney by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 1/6/2020. (Attachments: # 1 Proposed Order)(Daaboul, Rola) (Entered: 12/16/2019)

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO WITHDRAW ROLA DAABOUL AS CO-COUNSEL granting 29 Motion to Withdraw as Attorney. Attorney Rola Daaboul terminated.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) (Entered: 12/17/2019)

ADVISORY by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 12/19/2019)

Unopposed MOTION for Leave to File Plaintiffs' Third Amended Complaint by Da-Na Allen, Matthew Roppolo, filed. Motion Docket Date 1/29/2020. (Attachments: # 1 Exhibit Ex 1 Plaintiffs' 3rd Amended Complaint, # 2 Proposed Order Proposed Order)(Edwards, Jeffrey) (Entered: 01/08/2020)

Corrected PROPOSED ORDER re: 32 Unopposed MOTION for Leave to File Plaintiffs' Third Amended Complaint, filed.(Edwards, Jeffrey) (Entered: 01/09/2020)

ORDER granting 32 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 01/09/2020)

PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT against Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care filed by Matthew Roppolo.(fcarbia, 2) (Entered: 01/09/2020)

CONFIDENTIALITY AND PROTECTIVE ORDER granting 28 Joint MOTION for Protective Order (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 01/21/2020)

NOTICE of Appearance by P. Trent Peroyea on behalf of Rodney Burrow, John Burruss, Kelly Garcia, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Texas Department Of Criminal Justice, Erin Wyrick, filed. (Peroyea, Philip) (Entered: 01/22/2020)

Unopposed MOTION for Leave to Depose Plaintiffs Roppolo, Allen, Valdez, and Cook by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/14/2020. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hudson, Eric) (Entered: 01/24/2020)

ORDER granting 38 Motion to Depose Incarcerated Persons.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 01/29/2020)

Unopposed MOTION for Extension of Time to Exchange Expert Reports by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/19/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 01/29/2020)

DESIGNATION OF EXPERT WITNESS LIST by Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hudson, Eric) (Entered: 01/31/2020)

DESIGNATION OF EXPERT WITNESS LIST by Da-Na Allen, Matthew Roppolo, Johnny Cook, Victor Valdez, filed. (Attachments: # 1 Exhibit A)(Edwards, Jeffrey) (Entered: 01/31/2020)

NOTICE of Joint Proposed Amendment to This Court's Protective Order by Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, Dee Budgewater, Philip Keiser, filed. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/03/2020)

Joint MOTION Parties' Joint Motion for an Order Authorizing Disclosure and Use of Documents, Information and Data Made Confidential by Statute by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 2/24/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) Modified on 2/3/2020 (lrivera, 2). (Entered: 02/03/2020)

ORDER .(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) Modified on 2/3/2020 (lrivera, 2). (Entered: 02/03/2020)

ORDER granting 44 Motion for an Order Authorizing Disclosure and Use of Documents, Information, and Data Made Confidential by Statute.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(grogan, 2) (Entered: 02/03/2020)

ORDER granting 40 Unopposed MOTION for Extension of Time to Exchange Expert Reports ( Parties deadline to exchange expert reports due by 2/14/2020.)(Signed by Judge Nelva Gonzales Ramos) Parties notified.(sylopez, 2) (Entered: 02/05/2020)

MOTION to Dismiss Plaintiffs' Third Amended Complaint by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/2/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/10/2020)

1 Proposed Order

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MOTION to Seal Exhibits A-C of Defendants' Motion to Dismiss by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/2/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/10/2020)

SEALED EXHIBITS A-C re: 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C) (Hudson, Eric) (Entered: 02/10/2020)

ORDER granting 49 Motion to Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 02/11/2020)

Unopposed MOTION for Extension of Time to respond to Plaintiffs' First Amended Motion for Class Certification by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/17/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/25/2020)

ORDER granting 52 Unopposed MOTION for Extension of Time to respond to Plaintiffs' First Amended Motion for Class Certification ( Responses due by 3/4/2020.)(Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2) (Entered: 02/26/2020)

Unopposed MOTION for an Order Authorizing Disclosure and Use of Documents, Information, and Data Made Confidential by Statute or Agreement by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/20/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 02/28/2020)

ORDER granting 54 Motion for Order Authorizing Disclosure and Use of Documents.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(bcortez, 2) (Entered: 03/02/2020)

MOTION for Free Copies under the Freedom of Information Act by Arturo Galvan, filed. Motion Docket Date 3/23/2020. (ShoshanaArnow, 4) (Entered: 03/03/2020)

Unopposed MOTION to Seal Defendants' Response in Opposition to Plaintiffs Motion for Class Certification [Dkt. No. 35] & Exhibits 6-9 & 16 In Support by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 3/25/2020. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 03/04/2020)

SEALED RESPONSE in Opposition to Plaintiffs' Motion for Class Certification re: 19 First AMENDED 6 MOTION MOTION to Certify Class by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit 6. Roppolo Medical Records, # 2 Exhibit 7. Allen Medical Records, # 3 Exhibit 8. Vadez Medical Records, # 4 Exhibit 9. Cook Medical Records, # 5 Exhibit 16. Defendants' Discovery Responses) (Hudson, Eric) (Entered: 03/04/2020)

APPENDIX re: 58 Sealed Response,, by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed.(Hudson, Eric) (Entered: 03/04/2020)

ORDER granting 57 Motion to Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/05/2020)

Unopposed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss and Defendants' to Reply by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 3/27/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/06/2020)

RESPONSE to 19 First AMENDED 6 MOTION MOTION to Certify Class [REDACTED], filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Hudson, Eric) (Entered: 03/11/2020)

ORDER granting 61 Motion for Extension of Time Responses due by 3/20/2020. Replies due by 4/20/2020.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/17/2020)

ORDER denying 56 Motion. Copy of docket sheet and instructions on how to purchase copies sent to Arturo Galvan(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lrivera, 2) (Entered: 03/17/2020)

Unopposed MOTION for Leave to File Excess Pages by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 4/9/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/19/2020)

RESPONSE in Opposition to 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Edwards, Jeffrey) (Entered: 03/20/2020)

Unopposed MOTION for Extension of Time for Plaintiffs' Reply in Support of Motion for Class Certification by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 4/20/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/30/2020)

ORDER EXTENDING TIME TO FILE REPLY 67 Motion for Extension of Time. After due consideration, the Court GRANTS the motion and ORDERS Plaintiffs to file their reply on or before April 10, 2020. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(legarza, 2) (Entered: 03/31/2020)

REPLY in Support of 48 MOTION to Dismiss Plaintiffs' Third Amended Complaint, filed by Dee Budgewater, Rodney Burrow, John Burruss, Kelly Garcia, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Ben Raimer, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Appendix)(Hudson, Eric) (Entered: 04/09/2020)

Unopposed MOTION for Leave to File Excess Pages by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/1/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/10/2020)

REPLY in Support of 19 First AMENDED 6 MOTION MOTION to Certify Class, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 20 - Excerpts from Dr. O. Ojo's Deposition Transcript, # 2 Exhibit 21 - Excerpts from Dr. M. Roberts' Deposition Transcript, # 3 Exhibit 22 - Excerpts from M. Roppolo's Deposition Transcript, # 4 Exhibit 23 - Excerpts from D. Allen's Deposition Transcript, # 5 Exhibit 24 - Excerpts from J. Cook's Deposition Transcript, # 6 Exhibit 25 - Excerpts from V. Valdez's Deposition Transcript, # 7 Exhibit 26 - Grievances of M. Roppolo, # 8 Exhibit 27 - Grievances of D. Allen, # 9 Exhibit 28 - Grievances of J. Cook, # 10 Exhibit 29 - Grievances of V. Valdez, # 11 Exhibit 30 - Excerpts from Defendant O. Murray's First Supplemental Objections and Responses to Interrogatories (Feb. 27, 2020), # 12 Exhibit 31 - Hepatitis C Support Project, Fact Sheet - Similarities and Differences between HIV and HCV (Sep. 2012), # 13 Exhibit 32 - National Institutes of Health, Definition & Facts for Cirrhosis (Mar. 2018), # 14 Exhibit 33 - Rule 30(b)(6) Deposition Notice of UTMB, # 15 Exhibit 34 - Declaration of J. Cook, # 16 Exhibit 35 - Declaration of V. Valdez)(Edwards, Jeffrey) (Entered: 04/10/2020)

Unopposed MOTION to Seal Exhibits 36, 37, 38, 39, 40, and 41 to Plaintiffs' Reply in Support of Class Certification by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/1/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/10/2020)

SEALED EXHIBITS re: 72 Unopposed MOTION to Seal Exhibits 36, 37, 38, 39, 40, and 41 to Plaintiffs' Reply in Support of Class Certification, 71 Reply in Support of Motion,,,,, by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. (Attachments: # 1 Exhibit 36 - Exhibit 11 to Dr. Ojo's Deposition, FY2019 Stats for Hepatitis C in TDCJ, # 2 Exhibit 37 - Exhibit 12 to Dr. Ojo's Deposition, Email from L. Aleman with attached "Guideline for HCV Treatment" (Oct. 3, 2019), # 3 Exhibit 38 - Excerpts from M. Roppolo's Medical Record, # 4 Exhibit 39 - Excerpts from D. Allen's Medical Record, # 5 Exhibit 40 - Excerpts from J. Cooks' Medical Record, # 6 Exhibit 41 - Excerpts from V. Valdez's Medical Record) (Edwards, Jeffrey) (Entered: 04/10/2020)

ORDER granting 65 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(KelliePapaioannou, 2) (Entered: 04/10/2020)

ORDER granting 70 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(KelliePapaioannou, 2) (Entered: 04/10/2020)

ORDER granting 72 Plaintiffs' Unopposed Motion for Leave to File Exhibits Under Seal.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(srussell, 2) (Entered: 04/13/2020)

MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/8/2020. (Attachments: # 1 Proposed Order, # 2 Plaintiffs' Sur-Reply in Opposition to Motion to Dismiss, # 3 Exhibit 1 - Excerpts from UTMB's Deposition Through Dr. O. Ojo, # 4 Exhibit 2 - Letter from M. Singley (April 15, 2020))(Edwards, Jeffrey) (Entered: 04/17/2020)

RESPONSE in Opposition to 77 MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss, filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Proposed Order)(Hudson, Eric) (Entered: 04/20/2020)

ADVISORY by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit)(Hudson, Eric) (Entered: 04/23/2020)

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO MOTION TO DISMISS granting 77 Motion for Leave to File.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(fcarbia, 2) (Entered: 04/23/2020)

PLAINTIFFS' SUR-REPLY IN OPPOSITION TO MOTION TO DISMISS to 77 MOTION for Leave to File Plaintiffs' Sur-reply in Opposition to Defendants' Motion to Dismiss, 48 Motion to Dismiss filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(fcarbia, 2) (Entered: 04/23/2020)

Letter from Fidel Salazar re: requesting minutes in civil action, filed. (Attachments: # 1 Envelope) (grogan, 2) Clerk's Note: Docket sheet mailed to Fidel Salazar on 4/27/2020 (grogan, 2). (Entered: 04/27/2020)

MOTION to Stay by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. Motion Docket Date 5/18/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Hudson, Eric) (Entered: 04/27/2020)

Letter from Ray Hooks re: docket sheet, filed. Clerk's note, docket sheet mailed to Ray Hooks on 4/28/2020. (dterrell, 2) (Entered: 04/28/2020)

SUPPLEMENT to 82 MOTION to Stay by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit D)(Hudson, Eric) (Entered: 04/28/2020)

RESPONSE to 79 Advisory, Concerning Supplemental Authority, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Edwards, Jeffrey) (Entered: 05/01/2020)

ADVISORY by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick, filed. (Attachments: # 1 Exhibit)(Hudson, Eric) (Entered: 05/04/2020)

RESPONSE in Opposition to 82 MOTION to Stay, filed by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez. (Attachments: # 1 Exhibit 1 - Correctional Managed Health Care Committee Minutes (Dec. 5, 2017), # 2 Exhibit 2 - Correctional Managed Health Care Committee Agenda (Sep. 27, 2018), # 3 Exhibit 3 - Correctional Managed Health Care Committee Minutes (Dec. 5, 2018), # 4 Exhibit 4 - Excerpts from O. Murray's Testimony to the Joint Appropriations Subcommittee (Feb. 15, 2014), # 5 Exhibit 5 - Correctional Managed Health Care Committee Agenda (Sep. 18, 2019), # 6 Exhibit 6 - Email including Virology Group Agenda and "Guideline for HCV Treatment" (Nov. 7, 2019), # 7 Exhibit 7 - Excerpts from Correctional Managed Health Care Formulary, 25th Ed., # 8 Exhibit 8 - AASLD Guidelines: HCV Testing and Treatment in Correctional Settings, # 9 Exhibit 9 - CDC - Coronavirus Disease 2019: Groups at Higher Risk for Severe Illness, # 10 Exhibit 10 - Texas Department of State Health Services - Leading Causes of Death by Race / Ethnicity in Texas, # 11 Exhibit 11 - First Requests for Production (Dec. 10, 2019), # 12 Exhibit 12 - Second Requests for Production (Jan. 1, 2020), # 13 Exhibit 13 - Responses to Requests for Production (Jan. 24, 2020), # 14 Exhibit 14 - Email from M. Singley (Jan. 28, 2020), # 15 Exhibit 15 - Responses to Second Requests for Production (Feb. 3, 2020), # 16 Exhibit 16 - Excerpts from O. Murray's Supp. Resp. to Interrogatories (Feb. 27, 2020), # 17 Exhibit 17 - Second Set of Interrogatories to C. Jumper (Mar. 18, 2020), # 18 Exhibit 18 - Second Set of Interrogatories to P. Keiser (Mar. 18, 2020), # 19 Exhibit 19 - Second Set of Interrogatories to L. Linthicum (Mar. 18, 2020), # 20 Exhibit 20 - Second Set of Interrogatories to O. Murray (Mar. 18, 2020), # 21 Exhibit 21 - Second Set of Requests for Production to C. Jumper (Mar. 18, 2020), # 22 Exhibit 22 - Second Set of Requests for Production to P. Keiser (Mar. 18, 2020), # 23 Exhibit 23 - Second Set of Requests for Production to L. Linthicum (Mar. 18, 2020), # 24 Exhibit 24 - Second Set of Requests for Production to O. Murray (Mar. 18, 2020), # 25 Exhibit 25 - Email from J. Edwards (April 14, 2020), # 26 Exhibit 26 - Letter from M. Singley (April 15, 2020), # 27 Exhibit 27 - Email from C. Corbello (April 20, 2020), # 28 Exhibit 28 - Email from C. Corbello (April 21, 2020), # 29 Exhibit 29 - Email from J. Edwards (April 21, 2020), # 30 Exhibit 30 - Email from J. Edwards (April 23, 2020), # 31 Exhibit 31 - Email from C. Corbello (April 27, 2020), # 32 Exhibit 32 - Excerpts from Dr. M. Roberts' Deposition, # 33 Exhibit 33 - Excerpts from Dr. O. Ojo's Deposition, # 34 Exhibit 34 - Excerpts from J. Pulvino's Deposition, # 35 Exhibit 35 - TDCJ Statistical Report for FY 2018 (Feb. 2019), # 36 Proposed Order)(Edwards, Jeffrey) (Entered: 05/04/2020)

MOTION to Supplement Class Certification Record as to 19 First AMENDED 6 MOTION MOTION to Certify Class by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 5/26/2020. (Attachments: # 1 Supplemental Exhibit 1 - Declaration of Dr. Trooskin Regarding Plaintiff Valdez, # 2 Supplemental Exhibit 2 - Declaration of Dr. Trooskin Regarding Plaintiff Cook, # 3 Proposed Order)(Edwards, Jeffrey) (Entered: 05/05/2020)

ORDER granting 89 Motion to Supplement Class Certification Record.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(vrios, 2) (Entered: 05/05/2020)

Class Certification Hearing

Minute Entry for proceedings held before Judge Nelva Gonzales Ramos. CLASS CERTIFICATION HEARING held on 5/5/2020. Arguments heard. Court takes 19 Motion for Class Certification under advisement. Parties to confer and advise if 89 Motion to Supplement is agreed to. Appearances: Scott Charles Medlock, Michael C Singley, Jeffrey S Edwards, Eric Alan Hudson, Philip Trent Peroyea, Courtney Brooke Corbello, Amy L Hunsucker Prasad.(Digital # 1:30-2:56)(ERO:V. Rios), filed.(bcortez, 2)

Supplement to EXHIBIT 4 re: 88 Response in Opposition to Motion for Stay by Da-Na Allen, Johnny Cook, Matthew Roppolo, filed.(CD FILED ON SHELF IN CLERKS OFFICE)(vrios, 2) (Entered: 05/08/2020)

Exhibit 4 (CD) to Plaintffs' Response to Defendants' Motion to Stay by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Placed on shelf in Clerk's Office.(bcortez, 2) (Entered: 05/12/2020)

REPLY in Support of 82 MOTION to Stay, filed by Dee Budgewater, Rodney Burrow, John Burruss, F. Parker Hudson III, Preston Johnson, Jr, Cynthia Jumper, Philip Keiser, Lannette Linthicum, Owen Murray, Texas Department Of Criminal Justice, University of Texas Medical Branch Correctional Managed Care, Erin Wyrick. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hudson, Eric) (Entered: 05/11/2020)

MOTION to Compel Responses to Interrogatories by Da-Na Allen, Johnny Cook, Matthew Roppolo, Victor Valdez, filed. Motion Docket Date 6/16/2020. (Attachments: # 1 Exhibit 1 - Implementation Science Applied to HCV Screening and Treatment Procedures in Texas Corrections (Mar. 18, 2019), # 2 Exhibit 2 - CMHCC Agenda (Sep. 18, 2019), # 3 Exhibit 3 - Email with Virology Agenda including HCV Guideline (Nov. 7, 2019), # 4 Exhibit 4 - Excerpts from Defendant Murray's Supp. Resp. to 1st Set of Interrogatories (Feb. 27, 2020), # 5 Exhibit 5 - Second Interrogatories to C. Jumper (Mar. 18, 2020), # 6 Exhibit 6 - Second Interrogatories to P. Keiser (Mar. 18, 2020), # 7 Exhibit 7 - Second Interrogatories to L. Linthicum (Mar. 18, 2020), # 8 Exhibit 8 - Second Interrogatories to O. Murray (Mar. 18, 2020), # 9 Exhibit 9 - Email from J. Edwards (April 21, 2020), # 10 Exhibit 10 - Email from C. Corbello (April 21, 2020), # 11 Exhibit 11 - Email from J. Edwards (April 23, 2020), # 12 Exhibit 12 - Email from C. Corbello re discovery (April 27, 2020), # 13 Exhibit 13 - C. Jumper's Responses to Second Interrogatories (May 1, 2020), # 14 Exhibit 14 - P. Keiser's Responses to Second Interrogatories (May 1, 2020), # 15 Exhibit 15 - L. Linthicum's Responses to Second Interrogatories (May 1, 2020), # 16 Exhibit 16 - O. Murray's Responses to Second Interrogatories (May 1, 2020), # 17 Exhibit 17 - CMHCC, Hepatitis C Policy, B-14.13.03, # 18 Exhibit 18 - Hepatitis C (HEPC) Referral Process, # 19 Exhibit 19 - Patient with HCV + Cirrhosis DX not treated, # 20 Exhibit 20 - Leading Causes of Death by Race Ethnicity Texas, # 21 Exhibit 21 - TDCJ Health Services Division Medical Director's Report, First Quarter, FY2019, # 22 Exhibit 22 - Telehealth Specialty Care Referral/Appointment Process, # 23 Exhibit 23 - Excerpts from Dr. M. Roberts' Deposition Transcript, # 24 Exhibit 24 - Excerpts from Dr. O. Ojo's Deposition, # 25 Proposed Order)(Edwards, Jeffrey) (Entered: 05/26/2020)