Case: Mitchell v. Clinton County

Mitchell v. The County of Clinton

Mitchell v. the County of Clinton

Mitchell v. the County of Clinton

Mitchell v. County of Clinton

Mitchell v. County of Clinton

COMPLAINT against Jerry Maggy, Michael Smith, The County of Clinton, David Favro ( Filing fee $ 250 receipt number ALB002044) filed by Phyllis A. Mitchell.(ban) (Entered: 02/28/2006)

G.O. 25 FILING ORDER ISSUED Initial Conference set for 6/21/2006 11:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 6/12/2006. (ban) (Entered: 02/28/2006)

Summons Issued as to Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (ban) (Entered: 02/28/2006)

SUMMONS Returned Executed by Phyllis A. Mitchell. Jerry Maggy served on 3/7/2006, answer due 3/27/2006; Michael Smith served on 3/7/2006, answer due 3/27/2006; The County of Clinton served on 3/7/2006, answer due 3/27/2006; David Favro served on 3/7/2006, answer due 3/27/2006. (Keach, Elmer) (Entered: 03/14/2006)

STIPULATION Extending Defendants' Time to Respond to Complaint by Jerry Maggy, Michael Smith, The County of Clinton, David Favro submitted to Judge Homer. (Johnson, Gregg) (Entered: 03/23/2006)

Clerk traditionally served 5 Stip/Order upon non−ecf parties. (sfp, ) (Entered: 03/27/2006)

ANSWER to Complaint by Jerry Maggy, Michael Smith, The County of Clinton, David Favro.(Johnson, Gregg) (Entered: 04/14/2006)

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro re 6 Answer to Complaint (Johnson, Gregg) (Entered: 04/14/2006)

NOTICE of Appearance by Gregg T. Johnson on behalf of all defendants (Johnson, Gregg) (Entered: 04/17/2006)

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro of Notice of Appearance (Johnson, Gregg) (Entered: 04/17/2006)

NOTICE of Appearance by Jacinda Hall Conboy on behalf of all defendants (Conboy, Jacinda) (Entered: 04/17/2006)

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro of Notice of Appearance (Conboy, Jacinda) (Entered: 04/17/2006)

CIVIL CASE MANAGEMENT PLAN by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 05/10/2006)

ORDER that any motion for class certification by pltf shall be filed and served on or before 1/15/07. Signed by Judge David R. Homer on 6/22/06. (wjg, ) (Entered: 06/22/2006)

ORDER TO SHOW CAUSE why defts should not be compelled to obtain separate counsel .(wjg, ) (Entered: 06/22/2006)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 15 days (jury trial; no date specified). Preferred Trial Location: Syracuse. Joinder of Parties due by 8/1/2006. Amended Pleadings due by 8/1/2006. Discovery due by 4/1/2007. Motions to be filed by 6/1/2007. The parties have opted out of the ADR program. Signed by Judge David R. Homer on 6/22/06. (wjg, ) (Entered: 06/22/2006)

Minute Entry for proceedings held before Judge David R. Homer. A Rule 16 Scheduling Conference was held on 6/21/2006. Appearances: Bob Keach for plaintiff; Gregg Johnson for defendants. The deadline for filing a motion for class certification was set for 1/15/07 and the pretrial deadlines were set. A status conference will be held on 11/29/06 to resolve any discovery issues and discuss the possibility of settlement. (lah, ) (Entered: 06/22/2006)

Filing fee for Pro Hac Vice Admission of Alexandra Coler, Esq.: $ 30.00, receipt number ALB002663 (wbl, ) (Entered: 08/10/2006)

ORDER approving defts' waiver of potential conflict. Signed by Judge David R. Homer on 8/9/06. (wjg, ) (Entered: 08/10/2006)

MOTION for Limited Admission Pro Hac Vice of Alexandra Coler, Esq. by Phyllis A. Mitchell.(wbl, ) (Entered: 08/10/2006)

ORDER granting 20 Motion for Limited Admission Pro Hac Vice of Alexandra Coler, Esq.. Signed by Judge David R. Homer on 8/10/06. (wbl, ) (Entered: 08/11/2006)

CLERK'S CORRECTION OF DOCKET ENTRY. Docket entry no. 21 has been deleted. Notice was entered in wrong case. (lah, ) (Entered: 08/11/2006)

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Non−Dispositive Motion Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 10/02/2006)

TEXT NOTICE. A pre−motion conference will be held on Thursday, October 12, 2006 at 10:30 a.m. before Hon. David R. Homer, USMJ, pursuant to the letter/request of plaintiff's counsel dated 10/2/06. The conference will be in−person in Judge Homer's chambers. (lah, ) (Entered: 10/04/2006)

TEXT NOTICE: Please note the conference on 10/12/06 before Hon. David R. Homer, USMJ, will take place at 11:00 a.m. rather than the previously time set for 10:30 a.m. Please mark your calendars accordingly. Out−of−town counsel may participate by telephone. (lah, ) (Entered: 10/06/2006)

LETTER BRIEF in Response to Plaintiff's Request for non−dispositive motion conference by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Johnson, Gregg) (Entered: 10/11/2006)

ORDER granting 23 Letter Request, giving pltf leave to file non−dispositive motion . Signed by Judge David R. Homer on 10/16/06. (wjg, ) (Entered: 10/17/2006)

Minute Entry for proceedings held before Judge David R. Homer. A Pre−Motion Conference was held on 10/12/2006 with counsel for all parties. Plaintiff requested leave to file motion seeking to strike or preclude enforcement of offers made by defendants. Plaintiff's request was granted. A written order will be entered. (lah, ) (Entered: 10/16/2006)

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Discovery conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 11/28/2006)

ORDER that responses of all parties to outstanding discovery demands as well as all FRCP 26(a)(1) disclosures shall be made on or before 12/8/06. Signed by Judge David R. Homer on 11/29/06. (wjg, ) (Entered: 12/01/2006)

Minute Entry for proceedings held before Judge David R. Homer. A Status/Discovery Conference was held on 11/29/2006 with Bob Keach for plaintiff and Gregg Johnson for defendants. A written order will be entered directing the parties to respond to outstanding discovery demands. (lah, ) (Entered: 11/30/2006)

STATUS REPORT ORDER/NOTICE.Status Report due by 12/21/2006. Signed by Judge David R. Homer on 12/7/06. (ban) (Entered: 12/07/2006)

Letter Motion from Elmer Robert Keach for Phyllis A. Mitchell requesting enlargement of time to file motion for class certification submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 01/11/2007)

ORDER granting 31 Letter Request, pltf's motion for class certification to be filed on or before 1/29/07. Signed by Judge David R. Homer on 1/12/07. (wjg, ) (Entered: 01/12/2007)

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Execute a Protective Order submitted to Judge Homer. (Johnson, Gregg) (Entered: 01/26/2007)

PROTECTIVE ORDER on Stipulation. Signed by Judge David R. Homer on 1/29/07. (wjg, ) (Entered: 01/29/2007)

MOTION to Certify Class Motion Hearing set for 3/7/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 2/20/2007,Reply to Response to Motion due by 2/26/2007. by Phyllis A. Mitchell. (Attachments: # 1 Memorandum of Law # 2 Affirmation of Jason Rozger# 3 Exhibit(s) A, Complaint# 4 Exhibit(s) B, Plaintiff deposition transcript# 5 Exhibit(s) C, Plaintiff charging documents# 6 Exhibit(s) D, Latulipe deposition transcript# 7 Exhibit(s) E, Glarneau deposition transcript# 8 Exhibit(s) F, Clukey deposition transcript# 9 Exhibit(s) G, admissions policy# 10 Exhibit(s) H, Strip Search policy# 11 Exhibit(s) I, 30(b)(6) deposition transcript# 12 Exhibit(s) J, October 2003 memo# 13 Exhibit(s) K, revised admissions policy# 14 Exhibit(s) L, revised search policy# 15 Exhibit(s) M, Spinner v. City of New York# 16 Exhibit(s) N, Eddleman v. Jefferson County# 17 Exhibit(s) O, Haney v. Miami Date County# 18 Exhibit(s) P, Mclean v. Merrifield# 19 Exhibit(s) Q, In re Cigna# 20 Exhibit(s) R, In re Plastics Additives) (Rozger, Jason) (Entered: 01/29/2007)

TEXT NOTICE as to the 35 MOTION to Certify Class. The motion is returnable on 3/7/07 before Chief Judge Mordue on submit with NO appearances necessary. Response to Motion due by 2/20/2007. Reply to Response to Motion due by 2/26/2007. Counsel is directed to send a courtesy copy of the motion to Judge Mordue's chambers. (jlr) (Entered: 01/31/2007)

Letter Motion from Elmer Robert Keach III for Phyllis A. Mitchell requesting discovery conference with the Court submitted to Judge Homer. (Keach, Elmer) (Entered: 02/08/2007)

LETTER BRIEF in response to Plaintiff's request for discovery conference by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Johnson, Gregg) (Entered: 02/09/2007)

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of time to respond to Class Certification Motion submitted to Judge Mordue. (Johnson, Gregg) (Entered: 02/09/2007)

ORDER denying w/out prejudice 36 Letter Request. Signed by Judge David R. Homer on 2/12/07. (wjg, ) (Entered: 02/12/2007)

TEXT ORDER granting the 38 Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, and David Favro requesting Extension of time to respond to 35 Class Certification Motion submitted to Judge Mordue. Motion Hearing is reset for 3/21/2007 before Chief Judge Norman A. Mordue. The motion will be on submit with no appearances necessary. Response to Motion due by 3/6/2007. Reply to Response to Motion due by 3/13/2007.Endorsed by Judge Norman A. Mordue on 2/14/07. Counsel is directed to submit a courtesy copy of the motion papers to Judge Mordue's chambers. (jlr) (Entered: 02/14/2007)

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting extension of discovery deadline from April 1, 2007 to June 1, 2007 submitted to Judge Homer. (Rozger, Jason) (Entered: 02/28/2007)

ORDER granting 40 Letter Request, Discovery ddl reset to 6/1/2007. Signed by Judge David R. Homer on 3/1/07. (wjg, ) (Entered: 03/01/2007)

Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting permission to file a 35−page brief submitted to Judge Norman A. Mordue. (Attachments: # 1 Appendix Certificate of Service)(Johnson, Gregg) (Entered: 03/05/2007)

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Gregg T. Johnson, Esq. filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − Affidavits of 46 Correction Officers# 2 Exhibit(s) B − Relevant pages of Plaintiff's EBT transcript# 3 Exhibit(s) C − Pages 76−77 of Plaintiff's EBT transcript# 4 Exhibit(s) D − Relevant pages from Plaintiff's Response to Defendants' 1st Set of Interrogatories)(Quesnel, Scott) (Entered: 03/06/2007)

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Def. David Favro filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − CCJ Policy/Procedure No. C−102# 2 Exhibit(s) B − CCC Policy/Procedure D−221# 3 Exhibit(s) C − 10/24/03 Policy Revision# 4 Exhibit(s) D − CCJ Policy/Procedure B−01# 5 Exhibit(s) E − CCJ

AFFIDAVIT in Opposition re 35 MOTION to Certify Class Affidavit of Def. Michael Smith filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) A − Photographs# 2 Exhibit(s) B − CCJ Policies/Procedures C102# 3 Exhibit(s) C − CCJ Policies/Procedures D−221# 4 Exhibit(s) D − 10/24/03 Policy Revision Memo# 5 Exhibit(s) E − CCJ Policies/Procedures B−01# 6 Exhibit(s) F − CCJ Policies/Procedures G−50)(Quesnel, Scott) (Entered: 03/06/2007)

MEMORANDUM OF LAW re 35 Motion to Certify Class,,,, in Opposition to Motion filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Appendix Unreported Case − Augustin v. Jablonsky# 2 Appendix Unreported Case − Kelsey v. Schoharie# 3 Appendix Unreported Case − Spinner v. New York City# 4 Appendix Unreported Case − Bryant v. Bonded Accounts Services)(Quesnel, Scott) (Entered: 03/06/2007)

CERTIFICATE OF SERVICE by Jerry Maggy, Michael Smith, The County of Clinton, David Favro re 43 Affidavit in Opposition to Motion,, 44 Affidavit in Opposition to Motion, 45 Affidavit in Opposition to Motion, 47 Memorandum of Law, 46 Affidavit in Opposition to Motion, with exhibits attached thereto (Quesnel, Scott) (Entered: 03/06/2007)

TEXT ORDER granting the 42 Letter Request to file an oversized memoranda of law (35) pages in reponse to the motion to certify. Endorsed by Judge Norman A. Mordue on 3/6/07. (jlr/am) (Entered: 03/06/2007)

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Enlargement of Time to File Reply Brief and Leave to File Overlength Brief submitted to Judge Norman A. Mordue. (Keach, Elmer) (Entered: 03/12/2007)

TEXT ORDER granting in part and denying in part the 49 Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Enlargement of Time to File Reply Brief and Leave to File Overlength Brief. Reply to Response to Motion is extended 1 week and is due by 3/20/2007. The reply shall be no more than 20 pages in length. Endorsed by Judge Norman A. Mordue on 3/13/07. (jlr/am) (Entered: 03/13/2007)

REPLY to Response to Motion re 35 MOTION to Certify Class filed by Phyllis A. Mitchell. (Attachments: # 1 Exhibit(s) A to Keach Affirmation −− Defendants' Rule 68 Offer# 2 Exhibit(s) B to Keach Affirmation −− 10.2.06 letter from Elmer Keach to Hon. David R. Homer# 3 Exhibit(s) C to Keach Affirmation −− Sheriff's Department Memorandum# 4 Exhibit(s) D to Keach Affirmation −− Tyson Bench Decision# 5 Affirmation Bruce Menken Afffirmation# 6 Exhibit(s) A to Menken Affirmation −− Paul Bachman Affidavit)(Keach, Elmer) (Entered: 03/20/2007)

REPLY to Response to Motion re 35 MOTION to Certify Class Memo of Law filed by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 03/21/2007)

AMENDED REPLY to Response to 35 MOTION to Certify Class Memorandum of Law Corrected to Include Cover Pages filed by Phyllis A. Mitchell. (Keach, Elmer). (Entered: 03/21/2007)

NOTICE by Phyllis A. Mitchell of Change of Firm Name and Address for Alexander E. Barnett and Change of Firm Name for Gary E. Mason (Barnett, Alexander) (Entered: 03/23/2007)

Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of discovery deadline for deposition purposes submitted to Judge Homer. (Johnson, Gregg) (Entered: 05/08/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on 5/9/2007 pursuant to the letter request of defendants [#54] seeking an extension of the discovery deadline. The court granted the request and the pretrial deadlines were extended. A written order will be entered. (lah, ) (Entered: 05/10/2007)

ORDER granting 54 Letter Request and amending UPSO: Discovery due by 8/1/2007.,Dispositive Motions to be filed by 10/1/2007.,Trial Ready Deadline is 11/1/2007. Signed by Judge David R. Homer on 5/10/07. (wjg, ) (Entered: 05/14/2007)

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Discovery conference submitted to Judge David R. Homer. (Attachments: # 1 Exhibit(s) A, correspondence between counsel# 2 Exhibit(s) B, correspondence between counsel# 3 Exhibit(s) C, affidavit of Paul Bachmann# 4 Exhibit(s) D, affidavit of Brian Bombard# 5 Exhibit(s) E, corrspondence between counsel# 6 Exhibit(s) F, correspondence between counsel# 7 Exhibit(s) G, correspondence between counsel# 8 Exhibit(s) H, correspondence between counsel# 9 Exhibit(s) I, deposition notices# 10 Exhibit(s) J, correspondence between counsel# 11 Exhibit(s) K, corrspondence between counsel)(Rozger, Jason) (Entered: 06/21/2007)

RESPONSE TO LETTER BRIEF filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro as to 56 Letter Request/Motion,, filed by Phyllis A. Mitchell. (Johnson, Gregg) (Entered: 06/25/2007)

TEXT NOTICE. A telephone discovery conference will be held on 7/3/2007 at 9:30 a.m. with Hon. David R. Homer, USMJ, pursuant to the letter request of plaintiff's counsel dated 6/20/2007 [#56]. Chambers will initiate the telephone conference call. (lah, ) (Entered: 06/26/2007)

MEMORANDUM-DECISION AND ORDER granting 35 Motion to Certify Class; appointing Phyllis Mitchell respresentative plaintiff for the entire class pending intervention by a representative for Class B; appointing Pltf's attorneys of record as class counsel; Pltf shall move w/in 15 days for intervention by Paul Bachman or other respresentative for Class B, Deft shall respond w/in 15 days thereafter, Pltf's reply, if any, shall be filed w/in 7 days thereafter. Signed by Judge Norman A. Mordue on 7/5/07. (amt, )

Letter Motion from Elmer Keach for Phyllis A. Mitchell requesting Discovery Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 07/09/2007)

Letter Motion from Gregg Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Response to Plaintiff's Request for Sanctions submitted to Judge Homer. (Johnson, Gregg) (Entered: 07/10/2007)

TEXT NOTICE. A telephone discovery conference will be held on July 11, 2007 at 11:00 a.m. re 59 Letter Motion from plaintiff requesting discovery conference submitted to Judge David R. Homer. Chambers will initiate the telephone conference. (lah, ) (Entered: 07/10/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on 7/3/2007 pursuant to plaintiff's letter/request [#56]. The parties reported all issues resolved except for the production of inmate files at defendants' expense. It was agreed that the documents would be made available for inspection at Clinton C.F. and any copying expenses to be paid by defendants. A written order will be entered. (lah, ) (Entered: 07/10/2007)

ORDER on 56 Letter Request re: discovery conference &issue of request for copies. Signed by Judge David R. Homer on 7/10/07. (wjg, ) (Entered: 07/11/2007)

NOTICE of Appearance by Alexander E. Barnett on behalf of Phyllis A. Mitchell (Barnett, Alexander) (Entered: 07/11/2007)

ORDER on 59 Letter Request, that the subpoena for records issued by defts to pltf's employer is modified to require the production of time−and−attendance records of the pltf for the period from 1/1/03 through 12/31/04 and, as so modified and limited, pltf's request for an order quashing the subpoena is denied. Signed by Judge David R. Homer on 7/11/07. (wjg, ) (Entered: 07/12/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Discovery Hearing was held on 7/11/2007 with counsel for all parties pursuant to the letter request from plaintiff seeking order to quash a certain subpoena. Arguments were heard. The court directed the subpoena to be modified and the request to quash the subpoena was denied. A written order issued. (lah, ) (Entered: 07/12/2007)

MOTION to Intervene Motion Hearing set for 9/5/2007 10:00 AM in Syracuse before Chief Judge Norman A. Mordue.,Response to Motion due by 8/20/2007 by Phyllis A. Mitchell. (Attachments: # 1 Memorandum of Law # 2 Affirmation of Bruce Menken# 3 Proposed Amended Pleading) Motions referred to David R. Homer. (Rozger, Jason) (Entered: 07/20/2007)

TEXT NOTICE of the 64 MOTION to Intervene. The Response to Motion due by 8/6/2007 (15 days); and any Reply to Response to Motion is due by 8/14/2007. Motion Hearing set for 8/15/2007 on submit with no appearances necessary before Chief Judge Norman A. Mordue. (jlr) (Entered: 07/23/2007)

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Extension of Discovery Deadline submitted to Judge Homer. (Attachments: # 1 Exhibit(s) A, Plaintiffs' Second Request for the Production of Documents# 2 Exhibit(s) B, Letter from Defendants' Counsel)(Rozger, Jason) (Entered: 07/24/2007)

STATUS REPORT by Phyllis A. Mitchell. (Keach, Elmer) (Entered: 07/26/2007)

Letter Motion from Gregg Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Consideration of Defendants' Response to Plaintiff's Letter Request submitted to Judge Homer. (Johnson, Gregg) (Entered: 07/26/2007)

NOTICE re 65 Letter Motion from plaintiff requesting Extension of Discovery Deadline. A telephone conference will be held on−the−record on 8/2/2007 at 10:30 a.m. with Hon. David R. Homer, USMJ. Chambers will initiate the conference call. (lah, ) (Entered: 07/30/2007)

Paid 2007 Biennial Fee $30, receipt number 821291. (Barnett, Alexander) (Entered: 08/01/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Telephone Status Conference was held on−the−record on 8/2/2007 with Bruce Menken and Jason Rozger for plaintiffs and Gregg Johnson for defendants. Discovery was extended to September 10. A written order will be entered. A settlement conference with attorneys only remains in place for 9/10/2007. The court directed that the class representatives for the two classes be available by telephone. (lah, ) (Entered: 08/02/2007)

ORDER granting 65 Letter Request for deadline extension, ; granting 67 Letter Request for conference, Discovery due by 9/10/2007. Signed by Judge David R. Homer on 8/2/07. (tab) (Entered: 08/03/2007)

RESPONSE in Opposition re 64 MOTION to Intervene filed by Jerry Maggy, Michael Smith, The County of Clinton, David Favro. (Attachments: # 1 Exhibit(s) Exhibit A to Quesnel Affidavit# 2 Exhibit(s) Exhibit B to Quesnel Aff# 3 Exhibit(s) Exhibit C to Quesnel Aff# 4 Exhibit(s) Exhibit D to Quesnel Aff# 5 Memorandum of Law # 6 Supplement Certificate of Service)(Quesnel, Scott) (Entered: 08/06/2007)

RESPONSE in Support re 64 MOTION to Intervene Paul Bachmann as class representative filed by Phyllis A. Mitchell. (Attachments: # 1 Affirmation of Jason J. Rozger# 2 Exhibit(s) A, Paul Bachmann deposition transcript excerpts# 3 Exhibit(s) B, Paul Bachmann booking documents)(Rozger, Jason) (Entered: 08/14/2007)

Letter Motion from Jason Rozger for Phyllis A. Mitchell requesting Discovery conference submitted to Judge Homer. (Attachments: # 1 Exhibit(s) A, 8/21/07 letter from Defendants' counsel# 2 Exhibit(s) B, 8/29/ 07 email from Defendants' counsel# 3 Exhibit(s) C, 7/5/07 letter from Defendants' counsel)(Rozger, Jason) (Entered: 08/30/2007)

NOTICE re 71 Letter Motion from Jason Rozger requesting conference submitted to Judge Homer. A telephone discovery conference will be held with Judge Homer on September 4, 2007 at 2:30 p.m. Chambers will initiate the conference call. (lah, ) (Entered: 08/31/2007)

ORDER granting 71 Letter Request and setting terms of disclosure regarding discovery issues. Signed by Judge David R. Homer on 9/4/07. (tab) (Entered: 09/05/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Discovery Conference was held on 9/4/2007 with Jason Rozger for plaintiff and Gregg Johnson for defendants pursuant to the letter request of plaintiff's counsel 71 . Rulings were made and a written order will be entered. (lah, ) (Entered: 09/04/2007)

TEXT NOTICE as to the 64 MOTION to Intervene. The motion is returnable on 9/5/07 before Chief Judge Mordue. The motion is on submit with no appearances necessary. (jlr) (Entered: 09/04/2007)

NOTICE of Appearance by Scott P. Quesnel on behalf of all defendants (Attachments: # 1 Supplement Certificate of Service)(Quesnel, Scott) (Entered: 09/12/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Settlement Conference was held on 9/10/2007 with Bruce Menken, Jason Rozger and Bob Keach for plaintiffs. The individual defendants were present along with their counsel, Gregg Johnson and Scott Quesnew. No settlement was reached. There was further discussion regarding potential conflicts of interest brought upon by the creation of two separate classes. It may become necessary in the near future to address these potential conflicts of interest. (lah, ) (Entered: 09/12/2007)

Letter Motion from Gregg T. Johnson for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Extension of Deadline for Dispositive Motion submitted to Judge Homer. (Johnson, Gregg) (Entered: 09/24/2007)

ORDER granting 74 Letter Request, Dispositive Motions to be filed by 12/1/2007. Signed by Judge David R. Homer on 9/25/07. (wjg, ) (Entered: 09/27/2007)

MANDATE of USCA: The petition is DENIED because an immediate appeal is unwarranted. (dmf) (Entered: 10/10/2007)

Letter Motion from Scott P. Quesnel for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Court intervention on a discovery dispute submitted to Judge Homer. (Attachments: # 1 Exhibit(s) Ex A − Bachmann Affid# 2 Exhibit(s) Ex B − Relevant portions of Bachmann transcript# 3 Exhibit(s) Ex C − Relevant portions of amended complaint# 4 Exhibit(s) Ex D Relevant portion of Pls response# 5 Exhibit(s) Ex E − Defs Exceptions Letter# 6 Exhibit(s) Ex F Pls response# 7 Exhibit(s) Ex G − Relevant portion of Defs Doc Demand)(Quesnel, Scott) (Entered: 11/13/2007)

LETTER BRIEF in Opposition to Defendants' Request for Production by Phyllis A. Mitchell. (Rozger, Jason) (Entered: 11/15/2007)

TEXT NOTICE re 77 Letter Motion from Scott P. Quesnel requesting Court intervention on a discovery dispute submitted to Judge Homer. A Telephone Discovery Conference will be held on NOVEMBER 19, 2007 at 2:30 PM with Magistrate Judge Homer. The court will initiate the conference call. (lah, ) (Entered: 11/15/2007)

ORDER granting the 79 Letter Motion from Gregg T. Johnson, Esq. for Jerry Maggy, Michael Smith, The County of Clinton, David Favro requesting Permission to file oversize memorandum of law (no more than 40 pages) in support of the motion for summary judgment to be filed on or before December 1, 2007. Endorsed by Judge Norman A. Mordue on 11/19/07. (jlr/am) (Entered: 11/19/2007)

ORDER GRANTING 77 Letter Request; PLAINTIFFS SHALL SERVE DEFENDANTS WITH THEIR PORTION OF RECORDS OF TREATMENT ON OR BEFORE DECEMBER 14, 2007. Signed by Judge David R. Homer on 11/21/2007. (tm) (Entered: 11/21/2007)

Minute Entry for proceedings held before Judge David R. Homer. A Discovery Conference was held on−the−record on 11/19/2007 with counsel for all parties. The plaintiffs were seeking certain medical records. The court directed production of certain records. A written order was entered. (lah, ) (Entered: 11/26/2007)