1
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COMPLAINT 2 summons(es)issued with copy ( Filing fee $250; receipt number 117534), filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Attachments: # 1 Exhibit A − Part 1 − Grievances# 2 Exhibit A − Part 2 Letters# 3 Exhibit B − Letter from Greg L. Buckler, Jailer# 4 Civil Cover Sheet, Case Assignment, Receipt # 5 Summons)(LSG) Additional attachment(s) added on 5/6/2005 (Greiwe, Linda). (Entered: 04/29/2005)
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April 29, 2005
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April 29, 2005
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2
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MOTION for Preliminary Injunction by all Plaintiffs (Attachments: # 1 Declarations − Pages 1 − 32# 2 Declarations − pgs 33 − 67# 3 Declarations − pgs 68 − 109# 4 Declarations − pgs 110 − 138)(LSG) (Entered: 05/13/2005)
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May 13, 2005
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May 13, 2005
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3
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MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction filed by all plaintiffs. (LSG) (Entered: 05/13/2005)
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May 13, 2005
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May 13, 2005
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4
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ANSWER to Complaint by John D. Rees, Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 05/18/2005)
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May 18, 2005
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May 18, 2005
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5
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WAIVER OF SERVICE Returned Executed by Plaintiffs. John D. Rees waiver sent on 4/29/2005, answer due 6/28/2005. (LSG) (Entered: 05/26/2005)
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May 26, 2005
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May 26, 2005
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6
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NOTICE of Appearance by Jeffrey T. Middendorf and Rebecca Baylous on behalf of John D. Rees (LSG) (Entered: 05/26/2005)
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May 26, 2005
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May 26, 2005
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7
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MOTION FOR CLASS CERTIFICATION with Memorandum in Support filed by Plaintiffs. (LSG) (Entered: 05/27/2005)
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May 27, 2005
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May 27, 2005
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8
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AGREED ORDER; def to file Reponse by 6/10/2005 to 2 MOTION for Preliminary Injunction. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/02/2005)
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June 2, 2005
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June 2, 2005
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9
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RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Campbell County, Kentucky, Greg L. Buckler. (EXHIBITS TOO LARGE TO SCAN, PLACED ON SHELF IN CLERK'S OFFICE) (Attachments: # 1 Appendix to Exhibits)(LSG) (Entered: 06/13/2005)
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June 10, 2005
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June 10, 2005
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10
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RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Plaintiffs, filed by John D. Rees. (Attachments: # 1 Exhibit 1 − Functions of Department of Corrections# 2 Exhibit 2 − Place of Imprisonment# 3 Exhibit 3 − Inspection Report# 4 Exhibit 4 − Letter from Commonwealth of Kentucky# 5 Exhibit 5 − Inmate Population Reports# 6 Proposed Order)(LSG) (Entered: 06/13/2005)
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June 10, 2005
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June 10, 2005
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12
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ORDER; Pretrial Conference set for 6/24/2005 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR/Faxed to all counsel (Entered: 06/16/2005)
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June 16, 2005
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June 16, 2005
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13
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AGREED ORDER; defendants to file a Response to 7 Motion for Class Certification by June 21, 2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 06/17/2005)
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June 17, 2005
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June 17, 2005
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14
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REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by all Plaintiffs. (Attachments: #(1) Declaration of Chad A. Hensley #(2) Declaration of Jerome C. Howard #(3) Declaration of Vince Wardia #(4) Declaration of James Davenport #(5) Declaration of Kevin Holbert #(6) Declaration of Jeffrey K. Dotson #(7) Declaration of Jeffrey Deal #(8) Declaration of John C. Henry #(9) Declaration of Kenneth Blake Watson #(10) Declaration of Jennifer Carter #(11) Declaration of Shannon T. Stephany #(12) Declaration of James A. Hollingsworth #(13)Declaration of Zach Gundrum #(14) Declaration of Todd Jenkins #(15) Declaration of Josh Porter #(16) Declaration of Eric T. VonBargen #(17) Criminal Justice Advisory Commission Meeting Minutes)(LSG) (Entered: 06/21/2005)
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June 21, 2005
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June 21, 2005
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15
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PLAINTIFF'S NOTICE OF FILING ADDITIONAL DECLARATION (Attachments: # 1 Declaration of Eric Von Bargen)(LSG) (Entered: 06/21/2005)
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June 21, 2005
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June 21, 2005
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertlesman for review: 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R (LSG) (Entered: 06/21/2005)
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June 21, 2005
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June 21, 2005
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16
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RESPONSE to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/21/2005)
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June 21, 2005
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June 21, 2005
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17
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SUPPLEMENTAL MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, R filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 06/24/2005)
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June 24, 2005
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June 24, 2005
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18
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FIRST ANSWER to Complaint 1 by John D. Rees.(Baylous, Rebecca) Modified to create document relationship on 6/28/2005 (Greiwe, Linda). (Entered: 06/27/2005)
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June 27, 2005
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June 27, 2005
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NOTICE OF DOCKET MODIFICATION TO Rebecca Baylous re 18 Answer to Complaint; Error: Attorney failed to create a link to the event to which the answer relates; Error made by attorney; Correction: Clerk has modified text to create the link; In the future, attorney is advised to create a link with the existing event to which the pleading relates; No further action required by counsel. cc: COR (LSG) (Entered: 06/28/2005)
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June 27, 2005
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June 27, 2005
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19
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MINUTE ENTRY FOR STATUS CONFERENCE held on 6/23/2005; defs shall submit to pla and court a proposed settlement agreement within 60 days; court shall set a status conference 30 days following receipt of proposed settlement agreement before Judge William O. Bertelsman : (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 06/30/2005)
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June 30, 2005
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June 30, 2005
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TERMINATE PRETRIAL CONFERENCE (LSG)cc: COR (Entered: 08/04/2005)
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June 30, 2005
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June 30, 2005
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20
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MOTION for Order to File Amended Motion to Certify the Class (Attachments: # 1 Amended Motion to Certify the Class)(LSG) (Entered: 07/01/2005)
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July 1, 2005
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July 1, 2005
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21
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PLAINTIFF'S REPLY to Responses to Motion re 7 MOTION FOR CLASS CERTIFICATION filed by Plaintiffs. (LSG) (Entered: 07/01/2005)
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July 1, 2005
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July 1, 2005
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 7 MOTION FOR CLASS CERTIFICATION (LSG) (Entered: 07/01/2005)
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July 1, 2005
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July 1, 2005
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23
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AGREED PROTECTIVE ORDER. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
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24
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TRANSCRIPT of Official Proceedings: Scheduling Conference held on 6/24/2005 before Judge Judge William O. Bertelsman. Court Reporter: Joan Averdick. Tape Number: consisting of 33 pages. (LSG) (Entered: 07/14/2005)
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July 14, 2005
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July 14, 2005
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 20 MOTION for Order, 22 MOTION for Leave (LSG) (Entered: 08/02/2005)
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Aug. 2, 2005
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Aug. 2, 2005
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25
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ORDER granting 20 Motion to File an Amended Motion to Certify Class and granting 22 Motion to Amend Complaint; Motion to Amend and Amended Complaint to be filed. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 08/03/2005)
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Aug. 3, 2005
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Aug. 3, 2005
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26
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FIRST AMENDED COMPLAINT against John D. Rees, Campbell County, Kentucky, Greg L. Buckler filed by Plaintiffs.cc: COR(LSG) (Entered: 08/03/2005)
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Aug. 3, 2005
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Aug. 3, 2005
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27
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PLAINTIFF'S AMENDED MOTION to Certify the Class filed by all Plaintiffs (LSG) (Entered: 08/03/2005)
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Aug. 3, 2005
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Aug. 3, 2005
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28
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RESPONSE to Motion re 27 AMENDED MOTION to Certify Class filed by Campbell County, Kentucky, Greg L. Buckler. (LSG) (Entered: 08/11/2005)
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Aug. 10, 2005
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Aug. 10, 2005
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29
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REPLY to Response to Motion re 27 MOTION to Certify Class filed by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Khalil Rahim, Thomas Elliott. (Felson, Stephen) (Entered: 08/11/2005)
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Aug. 11, 2005
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Aug. 11, 2005
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 27 MOTION to Certify Class (LSG) (Entered: 08/11/2005)
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Aug. 11, 2005
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Aug. 11, 2005
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30
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ANSWER to First Amended Complaint by Campbell County, Kentucky, Greg L. Buckler.(LSG) (Entered: 08/15/2005)
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Aug. 15, 2005
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Aug. 15, 2005
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31
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FIRST ANSWER to Amended Complaint by John D. Rees.(Baylous, Rebecca) (Entered: 08/16/2005)
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Aug. 16, 2005
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Aug. 16, 2005
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32
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ORDER re 27 MOTION to Certify Class, and 2 MOTION for Preliminary Injunction; Status Conference is set for 10/26/2005 at 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/27/2005)
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Sept. 27, 2005
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Sept. 27, 2005
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33
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ORDER; Status Conference reset for 10/28/2005 at 02:00 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 09/30/2005)
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Sept. 30, 2005
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Sept. 30, 2005
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34
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SECOND DISCLOSURES by John D. Rees. (Attachments: # 1 Supplement Certificate of Occupancy)(Baylous, Rebecca) (Entered: 10/26/2005)
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Oct. 26, 2005
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Oct. 26, 2005
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35
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MINUTE ENTRY FOR STATUS CONFERENCE held on 10/28/2005 before Judge William O. Bertelsman; Status Report due by 11/14/2005 or, if a settlement has by then been reached, a proposed consent decree setting forth its terms.(COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 10/31/2005)
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Oct. 31, 2005
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Oct. 31, 2005
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36
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JOINT STATUS REPORT by all Parties. (LSG) (Entered: 11/14/2005)
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Nov. 14, 2005
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Nov. 14, 2005
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***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 36 Status Report (LSG) (Entered: 11/14/2005)
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Nov. 14, 2005
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Nov. 14, 2005
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38
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JOINT MOTION for Order Provisionally Certifying Class, Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by all Parties. (Attachments: # 1 Exhibit 1 − Agreement and Proposed Consent Decree# 2 Exhibit 2 − Summary Notice of Class Action and Proposed Settlement# 3 Proposed Order)(LSG) (Entered: 11/23/2005)
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Nov. 23, 2005
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Nov. 23, 2005
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 38 JOINT MOTION for Order Provisionally Certifying Class. Preliminarily Approving Settlement, Approving Forms and Distribution of Notice, and Scheduling Date for Final Fairness Hearing by All Parties (LSG) (Entered: 11/23/2005)
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Nov. 23, 2005
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Nov. 23, 2005
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39
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ORDER GRANTING 38 MOTION to Provisionally Certify Class, Preliminarily Approve Settlement, Approve Forms and Distribution by Notice, and Scheduling Date for Final Fairness Hearing is GRANTED, as detailed below; Class of persons currently incarcerated at the Campbell County Detention Center and all persons who will be incarcerated there in the future is provisionally certified; James Hollingsowrth is appointed representative; Robert B. Newman is appointed legal counsel; Settlement Agreement and Proposed Consent Decree is preliminarily approved; parties to begin distributing notice of the hearing to memebers of the class; The summary notice shall be published once in the Kentucky Post and once in the Campbell County Recorder prior to the Final Fairness Hearing; Final Fairness Hearing will be held 1/25/2006 at 1:00PM in Covington before William O. Bertelsman; Summary notice shall state that all written comments must be received by the Clerk of Court by 1/16/2006; def Campbell County to bear the expenses of said publications; Def Campbell County to post a copy of the Settlement Agreement and Proposed Consent Decree in each cell at the Campbell County Detention Center, as well as in the lobby; if any inmate at the Campbell County Detention Center wish to send comments regarding the Proposed Consent Decree, the Campbell County Detention Center shall provide one sheet of writing paper to the inmate; all notices shall be accomplished on or before 12/23/2005. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 11/30/2005)
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Nov. 30, 2005
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Nov. 30, 2005
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40
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LETTER received from inmate Campbell County Jail, Bradley Profitt addressed to Clerk of United States District Court received 12/27/05 (Attachments: # 1 Envelope)(TED) (Entered: 12/28/2005)
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Dec. 27, 2005
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Dec. 27, 2005
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41
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CERTIFICATE OF COMPLIANCE by Campbell County, Kentucky, Greg L. Buckler (Attachments: # 1 Exhibit A − The Kentucky Post Public Notice# 2 Exhibit B − Campbell County Recorder Notice)(LSG) (Entered: 01/24/2006)
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Jan. 24, 2006
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Jan. 24, 2006
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42
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Letter from Women of Campbell County Jail (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)
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Jan. 27, 2006
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Jan. 27, 2006
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43
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Letter from David Chandler (Attachments: # 1 Envelope) (LSG) (Entered: 01/27/2006)
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Jan. 27, 2006
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Jan. 27, 2006
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44
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MINUTE ENTRY FOR FAIRNESS HEARING held on 1/25/2006 before Judge William O. Bertelsman; Parties to file an Amended Order approving the settlement but allowing objecting class member Bradley Proffitt to opt out by 2/6/2006 (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR (Entered: 01/31/2006)
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Jan. 31, 2006
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Jan. 31, 2006
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45
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AGREEMENT AND CONSENT DECREE. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 02/07/2006)
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Feb. 7, 2006
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Feb. 7, 2006
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46
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ORDER granting 27 Amended motion to Certify Class, denying as moot 2 Motion for Preliminary Injunction, and denying as moot 7 Motion for class certification. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/06/2006)
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April 6, 2006
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April 6, 2006
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47
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ORDER; Status Report due by 10/14/2006 and every six months thereafter advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 04/14/2006)
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April 14, 2006
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April 14, 2006
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49
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ORDER granting 48 Motion to Withdraw as Attorney; Attorney Rebecca Baylous is hereby withdrawn as counsel of record for Defendant John Rees. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 07/18/2006)
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July 18, 2006
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July 18, 2006
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50
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STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 10/16/2006)
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Oct. 16, 2006
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Oct. 16, 2006
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Set Deadlines/Hearings: Status Report due by 4/16/2006. (LSG) (Entered: 10/16/2006)
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Oct. 16, 2006
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Oct. 16, 2006
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Set Deadlines/Hearings: Status Report due by 4/16/2007. (LSG) (Entered: 10/16/2006)
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Oct. 16, 2006
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Oct. 16, 2006
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***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 50 Status Report (LSG) (Entered: 10/17/2006)
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Oct. 17, 2006
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Oct. 17, 2006
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51
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STATUS REPORT by Campbell County, Kentucky, Greg L. Buckler. (Mando, Jeffrey) (Entered: 04/16/2007)
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April 16, 2007
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April 16, 2007
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***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 51 Status Report. Next Status Report is due by 10/16/2007. (LSG) (Entered: 04/16/2007)
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April 16, 2007
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April 16, 2007
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52
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ORDER; 1)Parties to file Status Report by 11/9/2007 and every six (6) months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered: 10/31/2007)
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Oct. 31, 2007
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Oct. 31, 2007
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53
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STATUS REPORT by Campbell County, Kentucky. (Mando, Jeffrey) (Entered: 11/02/2007)
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Nov. 2, 2007
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Nov. 2, 2007
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***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 53 Status Report (LSG) (Entered: 11/05/2007)
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Nov. 5, 2007
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Nov. 5, 2007
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Set Deadlines/Hearings: Status Report due by 5/2/2008. (LSG) (Entered: 11/05/2007)
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Nov. 5, 2007
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Nov. 5, 2007
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54
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NOTICE of Appearance by John C. Cummings on behalf of John D. Rees and Notice of Substitution of Counsel (Cummings, John) (Entered: 11/21/2007)
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Nov. 21, 2007
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Nov. 21, 2007
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***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 54 Notice of Appearance and Substitution of Counsel (LSG) (Entered: 11/26/2007)
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Nov. 26, 2007
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Nov. 26, 2007
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55
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ORDER; 1)Parties to file a Status Report due by 5/22/2008 and every 6 months thereafter, advising the court of the pending matter. Signed by Judge William O. Bertelsman on 5/12/2008.(LSG)cc: COR (Entered: 05/13/2008)
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May 12, 2008
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May 12, 2008
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56
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JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, Paul Sandman, Anthony Jordan, James Woodruff, Jason Sumpter, Sean Black, Charles Breckenridge, Jacob Bowen, James Smith, Dale Myerhoff, Campbell County, Kentucky, Greg L. Buckler, Khalil Rahim, Thomas Elliott (Attachments: # 1 Proposed Order)(Mando, Jeffrey) (Entered: 05/22/2008)
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May 22, 2008
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May 22, 2008
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 56 JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steele, (LSG) (Entered: 05/22/2008)
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May 22, 2008
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May 22, 2008
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57
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ORDER; 1)JOINT 56 Motion to Dismiss to be held in abeyance pending a clarification of such motion indicating the inclusion of such def or an explanation thereof on or before 6/30/2008. Signed by Judge William O. Bertelsman on 6/19/2008. (LSG)cc: COR (Entered: 06/19/2008)
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June 19, 2008
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June 19, 2008
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***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 58 AMENDED JOINT MOTION to Dismiss by Tray James, Chance Hall, Jeff Deal, Ron Gregory, Leon Marshall, Danale Sneed, Dennis Marshall, Chris Dale, Walter Long, Keith Lawson, James Hollingsworth, Arthur Simpleton, James Davenport, Ed James, Larry Gaines, Rick Steel (JMM) (Entered: 06/26/2008)
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June 26, 2008
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June 26, 2008
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59
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ORDER: It Is Ordered that the first Joint Motion to Dismiss 56 be, and is hereby, DENIED AS MOOT . Signed by Judge William O. Bertelsman on 6/30/2008. (JMM)cc: COR (Entered: 06/30/2008)
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June 30, 2008
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June 30, 2008
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60
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JUDGMENT: It Is Ordered that the Amended Joint Motion to Dismiss 58 be, and it is, hereby granted , and this matter be, and it is, hereby dismissed , with prejudice, and stricken from the active docket of this court. Signed by Judge William O. Bertelsman on 6/30/2008.(JMM)cc: COR (Entered: 06/30/2008)
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June 30, 2008
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June 30, 2008
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