Case: Loya v. Board of County Commissioners

COMPLAINT - Summons(es) issued/consent sent (mn) (Entered: 06/11/1991)

ORDER OF REFERENCE by Honorable Edward J. Lodge : Case referred to Magistrate Mikel H. Williams for all pretrial matters. (cc: all counsel) (mn) (Entered: 06/17/1991)

MOTION by plaintiff Lance Loya, plaintiff Casey Cuttler for entry of order appointing impartial expert witnesses (mn) (Entered: 07/26/1991)

BRIEF by plaintiff Lance Loya, plaintiff Casey Cuttler in support re: motion for entry of order appointing impartial expert witnesses [3-1] (mn) (Entered: 07/26/1991)

MOTION by plaintiff Lance Loya, plaintiff Casey Cuttler to certify class action (mn) (Entered: 07/26/1991)

BRIEF by plaintiff Lance Loya, plaintiff Casey Cuttler in support re: motion to certify class action [5-1] (mn) (Entered: 07/26/1991)

MOTION by defendant Bannock Cty Commr, defendant William Lynn to extend time to respond to complaint referred to Magistrate Mikel H. Williams (mn) (Entered: 08/07/1991)

NOTICE by defendant Bannock Cty Commr, defendant William Lynn of non-objection tomotion for class certification (mn) (Entered: 08/07/1991)

ORDER by Magistrate Mikel H. Williams granting referral motion to extend time to respond to complaint and respond to plfs' motion for appointment of expert witnesss to 8/20/91 referred to Magistrate Mikel H. Williams [7-1] (cc: all counsel) (mn) (Entered: 08/12/1991)

ANSWER by defendant Bannock Cty Commr, defendant William Lynn; jury demand (mn) (Entered: 08/21/1991)

MEMORANDUM IN OPPOSITION by defendant Bannock Cty Commr, defendant William Lynn to motion for entry of order appointing impartial expert witnesses [3-1] (mn) (Entered: 08/21/1991)

MOTION by plaintiff Lance Loya, plaintiff Casey Cuttler for order to show cause and plfs respectfully request that the documents previously filed re te appointment of expert witnesses be incorporated herein by reference to this motion (mn) (Entered: 09/04/1991)

REPLY by plaintiff Lance Loya, plaintiff Casey Cuttler to response to motion for entry of order appointing impartial expert witnesses [3-1] (mn) (Entered: 09/04/1991)

NOTICE OF HEARING setting hearing on motion for order to show cause and plfs respectfully request that the documents previously filed re te appointment of expert witnesses be incorporated herein by reference to this motion [12-1] 10:00 9/10/91 before (MHW) via telephone (cc: all counsel) (mn) (Entered: 09/09/1991)

MINUTES OF HEAR ON ORDER TO SHOW CAUSE - (EJL)(see status order #15) (mn) (Entered: 09/13/1991)

STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams ; Discovery ddl 1/10/92 ; Dispositive Motion ddl 2/11/92 ; Jury Trial (5 days) 6/15/92 1:30 before Judge Lodge in Pocatello, ID ; OSC hearing of 9/10/91 continued to 9/25/91 3:30 via telephone ; Case Mgmt ddl-plff shall submit a stipulated draft order on the motion for class certification to the Court by 9/20/91 (cc: all counsel) (mn) (Entered: 09/13/1991)

MINUTES OF HEAR ON ORDER TO SHOW CAUSE - taking under advisement on the motion for order to show cause and plfs respectfully request that the documents previously filed re te appointment of expert witnesses be incorporated herein by reference to this motion and parties to submit order for Court to sign re; expert witness [12-1] (MHW) (mn) (Entered: 09/26/1991)

STIPULATION that the deposition of plf Lance Loya be taken at the ISCI on 12/5/91 and/or 12/6/91 (mn) (Entered: 11/15/1991)

ORDER by Magistrate Mikel H. Williams granting stipulation that the deposition of plf Lance Loya be taken at the ISCI on 12/5/91 at 2:00 p.m. and/or 12/6/91 at 10:00a.m. [18-1] (cc: all counsel) (mn)

STIPULATED MOTION by plaintiff Lance Loya, plaintiff Casey Cuttler to vacate status conference and pending mo order (mn) (Entered: 11/26/1991)

AMENDED STATUS CONFERENCE ORDER by Magistrate Mikel H. Williams ; Discovery ddl 2/24/92 ; Dispositive Motion ddl 2/24/92 (cc: all counsel) (jb) (Entered: 12/03/1991)

MEMO TO FILE by Kathleen Butterfield - after telephone status conference re Heartfelt v. Blaine County, civ 91-004, parties discussed issues in case #91-216J and desire to file cross motions for S. J. and that a trial would probably not be necessary; plf will submit his motion for S. J. by 3/1/92 and than dft will file his-request hearing in April of 1992 on cross motions; parties will stipulate to remaining issues by the end of January and will submit stipulated motion to vacate the current trial date (mn) (Entered: 12/11/1991)

STIPULATION that Raymond Leidig, M. D. will be appointed by the Court as an expert witness; that parties agree to equally split all costs related to Dr. Leidig's services; each has agreed to be responsible for all costs related to other experts hired previously and to defer retention of any other experts. See document for further details. (gl) (Entered: 12/09/1991)

ORDER by Magistrate Mikel H. Williams granting stipulation that Raymond Leidig, M. D. will be appointed by the Court as an expert witness; that parties agree to equally split all costs related to Dr. Leidig's services; each has agreed to be responsible for all costs related to other experts hired previously and to defer retention of any other experts. See document for further details. [22-1] (cc: all counsel) (mn) (Entered: 12/11/1991)

CONSENT TO PROCEED BEFORE MAGISTRATE AND ORDER OF REFERENCE by Honorable Edward J. Lodge assigning case to Magistrate Mikel H. Williams (cc: all counsel) (mn)

RETURN OF SERVICE/PROCESS executed upon defendant Bannock Cty Commr on 6/11/91 (gl) (Entered: 12/31/1991)

RETURN OF SERVICE/PROCESS executed upon defendant William Lynn on 6/11/91 (gl) (Entered: 12/31/1991)

STIPULATION to amend status conference order (mn) (Entered: 02/24/1992)

MOTION by plaintiff for summary judgment (gl) (Entered: 02/27/1992)

LODGED: brief in support re: motion for summary judgment [28-1] (brief is over 20 pages in length - counsel will submit a motion and proposed order to file brief) (gl) (Entered: 02/27/1992)

ORDER by Magistrate Mikel H. Williams re [15-1] ; Teleconf scheduled 4/13/92 at 10:00am ; Discovery ddl vacated ; Motion Filing ddl vacated ; Jury trial set 6/15/92 is vacated ; OSC hearing heard on 9/25/91 ; Case Mgmt ddl vacated; defendants shall submit response with briefs to plaintiffs' motion for partial summary judgment by 3/16/92; plaintiffs shall submit their reply brief on 3/31/92; Parties have 90 days from the date the Court rules on plaintiffs' motion for summary judgment to pursue settlement; if matter is unresolved by that date a status conference will be conducted for Court to determine status of case and enter such orders as the Court deems appropriate (cc: all counsel) (gl) (Entered: 03/04/1992)

LODGED: Deposition of Cynthia Halm (gl) (Entered: 03/06/1992)

LODGED: Deposition of William Lynn (gl) (Entered: 03/06/1992)

MOTION by plaintiff to exceed briefing page limit and file over-length brief (gl) (Entered: 03/09/1992)

REPLY by defendant Bannock Cty Commr, defendant William Lynn to response to motion for summary judgment [28-1] (mn) (Entered: 03/17/1992)

AFFIDAVIT of Alfred I. Murphy regarding motion reply [31-1] (mn) (Entered: 03/17/1992)

REPLY BRIEF by plaintiff to motion for summary judgment [28-1] (gl) (Entered: 04/01/1992)

ORDER by Magistrate Mikel H. Williams granting motion to exceed briefing page limit and file over-length brief [30-1] (cc: all counsel) (gl)

BRIEF by plaintiff in support re: motion for summary judgment [28-1] (gl)

MINUTES OF HEARING ON SUMMARY JUDGMENT - taking under advisement on 4/13/92 the motion for summary judgment [28-1] MHW (gl) (Entered: 04/15/1992)

ORDER by Magistrate Mikel H. Williams granting motion to certify class action [5-1] (cc: all counsel) (gl) (Entered: 04/17/1992)

ORDER by Magistrate Mikel H. Williams granting motion for summary judgment [28-1]; That defendants are allowed 60 days from date of this order to reduce the inmate population in Bannock County jail to a maximum of 40 inmates; after this date no more than 40 inmates can be housed in that jail at any time; with one exception: in emergency situations an additional five prisoners will be allowed for no more than 72 hours. Defendants shall report to this Court within 30 days from the date of this Order on the method to be used to accomplish this reduction. Defendants have 30 days to obtain electrical and pllumbing inspections and to provide a written report to the Court detailing repairs. Defendants be allowed 60 days from and after the date the inmate population is reduced to 40 inmates to conduct their operations at present staffing levels. During this 60 day period, the jail staff will be prohibited from conducting any duties outside of and unrelated to the operation of the jail; thereby allowing defendants 60 days to determine if the existing staff can perform all functions essential to the proper management of the Bannock County jail; at the end of the 60 days the defendants will provide a report to the Court regarding staffing needs. That defendants be allowed 60 days from the date upon which the inmate population is reduced to 40 inmates within which to continue providing recreational facilities, during that time defendants will evaluate the adequacy of such services in light of the reduced inmate population, at the end of the 60 day period, defendants will provide a report to the Court and counsel regarding their findings regarding improvements necessary to provide exercise and recreational opportunities that will protect the inmates' health and welfare, at that time the Court will issue additional orders it deems appropriate with regard to recreational facilities. (cc: all counsel) (gl) (Entered: 05/05/1992)

COMPLIANCE PROPOSAL by defendant Bannock Cty Commr, defendant William Lynn in support of Order of this Court of 5/4/92 (gl) (Entered: 06/11/1992)

STIPULATION regarding dfts' use of downstairs holding cells (mn) (Entered: 07/13/1992)

ORDER by Magistrate Mikel H. Williams granting stipulation regarding dfts' use of downstairs holding cells subject to the conditions listed in the order [39-1] (cc: all counsel) (gl)

STATUS REPORT by dft (wm) (Entered: 11/09/1992)

MOTION by plaintiff for additional relief in addition to relief granted in 5/4/92 order (37-1) (jl)

RESPONSE by dft to plas motion for additional relief [42-1] (wm) (Entered: 12/01/1992)

SUPPLEMENTAL STATUS REPORT AND STIPULATED RESOLUTION re motion for additional relief [42-1] (gl) (Entered: 12/17/1992)

ORDER by Magistrate Mikel H. Williams granting motion for additional relief [42-1] that defendants have to 3/1/93 to complete the hiring process and have additional personnel in-service (see document); that by 12/31/92 defendants will remove beds from cell no. 9 and establish indoor recreation area; all inmates will be offered access to indoor or outdoor recreation for a minimum of one hour a day at least 6 days a week; that defendants may separate the four inmates presently housed in cell no. 9 and house them in cell no's 1-8, still allowing defendants to house a total of 40 inmates in the second floor housing area of the existing Bannock County Jail(cc: all counsel) (gl) (Entered: 12/23/1992)

AMENDED SUPPLEMENTAL STATUS REPORT by pla and dft and stipulated resolution of plas motion for additional relief (wm) (Entered: 12/31/1992)

STIPULATION re: notice to inmates of proposed consent decree, order and judgment (with attached notice to inmates signed by Magistrate Williams) (jl) (Entered: 03/31/1993)

STIPULATION for dismissal w/prejudice all plas' claims, subject to terms of consent decree order and judgment (jl)

CONSENT DECREE, ORDER AND JUDGMENT OF DISMISSAL W/PREJUDICE by Magistrate Mikel H. Williams granting stipulation for dismissal w/prejudice all plas' claims, subject to terms of consent decree order and judgment dismissing case (cc: all counsel) (jl) (Entered: 06/29/1993)