Case: Napier v. Laurel County, KY

Napier v. Laurel County

Napier v. Laurel County

COMPLAINT ( Filing fee $350; receipt number 789973), filed by Lester Napier. (Attachments: # 1 Civil Cover Sheet and Case Assignment# 2 Summons)(JMB) (Entered: 08/16/2006)

2 Civil Cover Sheet and Case Assignment

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3 Summons

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Summons Issued as to Laurel County, Kentucky, Jack Sizemore; issued summons returned to counsel via US MAIL (JMB) (Entered: 08/16/2006)

AMENDED COMPLAINT against all defendants, filed by Lester Napier.(Belzley, Gregory) (Entered: 08/17/2006)

SUMMONS Returned Executed by Lester Napier via certified mail to Laurel County, Kentucky served on 8/21/2006, answer due 9/11/2006. (Belzley, Gregory) (Entered: 08/24/2006)

SUMMONS Returned Executed by Lester Napier via certified mail to Jack Sizemore served on 8/21/2006, answer due 9/11/2006; Jack Sizemore served on 8/21/2006, answer due 9/11/2006. (Belzley, Gregory) (Entered: 08/24/2006)

ANSWER to Complaint with JURY DEMAND by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3.(Vose, Leslie) (Entered: 09/11/2006)

ANSWER to Amended Complaint by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3.(Vose, Leslie) (Entered: 09/11/2006)

ORDER FOR MEETING AND REPORT: 1) no later than 30 days from DOE and service of this order, counsel shall conduct meeting; 2) @ mtg, counsel shall exchange disclosures; 3) NLT 10 days after meeting, counsel shall file a written joint report outlining proposed discovery plan. Signed by Judge Danny C. Reeves. Rule 26 Meeting Report due by 10/12/2006. (Attachments: # 1 Consent Form)(RBB)cc: COR (Entered: 09/12/2006)

2 Consent Form

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NOTICE OF APPEARANCEAndrew J. Horne Plaintiffs' Co-Counsel by Lester Napier.(Horne, Andrew) (Entered: 09/13/2006)

FIRST DISCLOSURES pursuant to Rule 26 by Lester Napier.(Belzley, Gregory) (Entered: 10/09/2006)

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 10/26/2006)

DISCLOSURES by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 10/31/2006)

ORDER: Scheduling Conference set for 11/14/2006 03:00 PM in LEXINGTON before Danny C. Reeves.. Signed by Judge Danny C. Reeves. (JMB)cc: COR, Lexington Ct Diary (Entered: 11/01/2006)

JOINT MOTION to Continue by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 Scheduling Conference (Vose, Leslie) (Entered: 11/09/2006)

ORDER re 14 JOINT MOTION to Continue Scheduling Conference by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 filed by Lester Napier,, Jack Sizemore,, Laurel County, Kentucky,, John and Jane Does, Nos. 1, 2 and 3: Joint motion is GRANTED. Scheduling Conference shall be held on November 22, 2006 at 1:30 PM in London, KY. Motions terminated: 14 JOINT MOTION to Continue by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 filed by Lester Napier,, Jack Sizemore,, Laurel County, Kentucky,, John and Jane Does, Nos. 1, 2 and 3,. Scheduling Conference set for 11/22/2006 01:30 PM in London before Danny C. Reeves.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 11/13/2006)

MINUTE ENTRY FOR SCHEDULING CONFERENCE held on 11/22/2006 before Judge Danny C. Reeves : 1) Parties shall have until 5/22/2007 to complete limited discovery on issues outlined in open court. Separate Order shall be entered identifying specific issues; 2) Plff shall have until June 22, 2007 to file brief on issue of class certification. Dfts shall have time permitted by local rules to file reply brief; and 3) Plff also permitted to conduct discovery to identify John and Jane Doe dfts. Discovery due by 5/22/2007. (COURT REPORTER: CINDY OAKES) (JMB)cc: COR (Entered: 11/22/2006)

SCHEDULING ORDER: 1) Parties shall have until May 22, 2007 to complete limited discovery on issues listed (see Order); and (2) NLT June 22, 2007, Plff shall file memorandum on issue of class certification. Parties shall have time permitted by local rules to file any responses and replies. . Signed by Judge Danny C. Reeves. (JMB)cc: COR THIS SCHEDULING ORDER IS AMENDED BY ORDER 25 ENTERED ON 6/4/2007 Modified on 6/4/2007 (Brock, Jacqueline). (Entered: 11/27/2006)

AMENDED DISCLOSURES Plaintiff's Amended Rule 26(e)(1) Disclosures by Lester Napier.(Belzley, Gregory) (Entered: 01/10/2007)

RESPONSE to Discovery Request by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 03/20/2007)

JOINT MOTION for Extension of Time by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 to Extend Deadlines (Vose, Leslie) Additional attachment(s) added on 4/5/2007 (Brock, Jacqueline). (Entered: 04/04/2007)

2 Proposed Order

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NOTICE OF FILING by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 re 20 JOINT MOTION for Extension of Time by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 (Attachments: # 1 Proposed Order)(Vose, Leslie) (Entered: 04/04/2007)

2 Proposed Order

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AMENDED SCHEDULING ORDER: 1) Parties shall have until July 25, 2007, in which to complete limited discovery as outlined in this Court's Scheduling Order of 11/27/2006; and 2) NLT August 27, 2007, Plff shall file memorandum on issue of class certification. Parties shall have time permitted by local rules to file any responses and replies. Motions terminated: 20 JOINT MOTION for Extension of Time by Lester Napier, Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 filed by Lester Napier,, Jack Sizemore,, Laurel County, Kentucky,, John and Jane Does, Nos. 1, 2 and 3,. Discovery due by 7/25/2007. Dispositive Motions due by 8/27/2007.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 04/05/2007)

RESPONSE to Discovery Request by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 05/10/2007)

MOTION to Amend/Correct 17 Scheduling Order, by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 05/15/2007)

2 Proposed Order

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ORDER re 24 MOTION to Amend/Correct 17 Scheduling Order, by Lester Napier filed by Lester Napier: Plff's motion 24 is GRANTED. Scheduling Order entered 11/27/2006, is amended as follows: 1) Dft shall provide to Plff the names and last known addresses and telephone numbers of inmates at LCDC who requested medical treatment or filed grievances related to MSRA, spider bites or boils on or after 8/16/2005; 2) The info provided pursuant to paragraph 1 shall be disclosed only to Plff's counsel and only to those employees who assist Plff's counsel in litigation of this case; 3) Any person given access to this confidential info is directed not to disclose such info to any person other than those described in paragraph 2; 4) The info provided pursuant to paragraph 1 may not be incorporated or attached to a pldg or other doc that is filed unsealed w/ the Court; or disclosed in argument or offered into evidence in any in-court proceeding or this Court until and unless the Ct approves the incorporation, attachment, disclosure or offer in advance; 5) Plff is prohibited from using or disclosing such info for any purpose other than this litigation, and shall return to Dfts or destroy such info at end of this litigation; 6) This Order shall survive final termination of this action, to extent that such info is not or does not become generally known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of info disclosed hereunder; and 7) This Order shall apply to any and all copies, writings, and notes made from or derived from docs produced hereunder. Motions terminated: 24 MOTION to Amend/Correct 17 Scheduling Order, by Lester Napier filed by Lester Napier,.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 06/04/2007)

MOTION for Extension of Time to Complete Discovery and to File Motion for Class Certification by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified on 7/16/2007 to add "and to File Motion for Class Certification" (Brock, Jacqueline). (Entered: 07/13/2007)

2 Proposed Order

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ORDER re 26 MOTION for Extension of Time to Complete Discovery and to File Motion for Class Certification by Lester Napier filed by Lester Napier: Plff's Motion 26 is GRANTED, in part. Parties shall have until August 27, 2007, in which to complete limited discovery as outlined in this Ct's Scheduling Order of 11/27/2006. Additionally, Plff shall have until September 27, 2007, in which to file memo on issue of class certification. Parties shall have time permitted by local rules to file any responses and replies. Motions terminated: 26 MOTION for Extension of Time to Complete Discovery by Lester Napier filed by Lester Napier. Discovery due by 8/27/2007.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 07/16/2007)

NOTICE to Take Deposition of Lester Napier on August 23, 2007 at 10:00 a.m. by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 07/20/2007)

Proposed Agreed Order/Stipulation re Videotape of Jail by Lester Napier. (Belzley, Gregory) (Entered: 07/23/2007)

AGREED ORDER: Plff having inspected and videotaped portions of LCDC, and such videotape showing faces of persons incarcerated in Jail at that time, it is ORDERED that such videotape and all copies thereof shall be considered "confidential information" to which this Court's protective order entered 6/4/2007, shall apply. . Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 07/24/2007)

RESPONSE to Discovery Request by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 08/07/2007)

MOTION to Consolidate Cases by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose (Shipp, Jeffrey) Additional attachment(s) added on 8/14/2007 (Brock, Jacqueline). (Entered: 08/10/2007)

2 Proposed Order

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NOTICE OF FILING by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose re 32 MOTION to Consolidate Cases by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose (Attachments: # 1 Proposed Order Granting Motion to Consolidate)(Shipp, Jeffrey) (Entered: 08/13/2007)

2 Proposed Order Granting Motion to Consolidate

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RESPONSE to Motion re 32 MOTION to Consolidate Cases by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Proposed Order)(Vose, Leslie) (Entered: 08/14/2007)

2 Proposed Order

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NOTICE OF APPEARANCE by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose.(Hegge, Colleen) (Entered: 08/16/2007)

MOTION for Hearing by Lester Napier (Attachments: # 1 Proposed Order)(Horne, Andrew) (Entered: 08/16/2007)

2 Proposed Order

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RESPONSE to Motion re 36 MOTION for Hearing by Lester Napier filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore. (Vose, Leslie) (Entered: 08/16/2007)

ORDER: 1) Plf's Mt to Consolidate Case No. 6:06-368 DCR with Case No. 6:07-258-KKC 32 is DENIED; 2) Plf's Mt for an Expedited Hrg on issues related to the proposed consolidation 36 is DENIED as moot. Motions terminated: 36 MOTION for Hearing by Lester Napier filed by Lester Napier,, 32 MOTION to Consolidate Cases by Larry Cunnigan, Courtney Perl McQueen, James Mounts, Phyllis Mounts, Evelyn Rose filed by Courtney Perl McQueen,, Larry Cunnigan,, Evelyn Rose,, James Mounts,, Phyllis Mounts,. Signed by Judge Danny C. Reeves. (RBB)cc: COR (Entered: 08/17/2007)

MOTION for Leave to File Excess Pages by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 09/27/2007)

2 Proposed Order

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RESPONSE to Motion re 39 MOTION for Leave to File Excess Pages by Lester Napier filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Vose, Leslie) (Entered: 09/27/2007)

MOTION to Certify Class by Lester Napier (Attachments: # 1 Memorandum in Support # 2 Exhibit 1, Lester Napier Medical Records# 3 Exhibit 2, Part 1, 2-13-02 Inspection Report# 4 Exhibit 2, Part 2, 2-13-02 Inspection Report# 5 Exhibit 3, Part 3, 2-13-02 Inspection Report# 6 Errata 2, Part 4, 2-13-02 Inspection Report# 7 Exhibit 3, Part 1, 5-14-03 Inspection Report# 8 Exhibit 3, Part 2, 5-14-03 Inspection Report# 9 Exhibit 3, Part 3, 5-14-03 Inspection Report# 10 Exhibit 3, Part 4, 5-14-03 Inspection Report# 11 Exhibit 4, Dec. 19 2003 Ltr# 12 Errata 5, Part 1, 5-20-04 Inspection Report# 13 Exhibit 5, Part 2, 5-24-04 Inspection Report# 14 Exhibit 5, Part 3, 5-24-04 Inspection Report# 15 Exhibit 5, Part 4, 5-24-04 Inspection Report# 16 Exhibit 6, Part 1, 6-21-05 Inspection Report# 17 Exhibit 6, Part 2, 6-21-05 Inspection Report# 18 Exhibit 6, Part 3, 6-21-05 Inspection Report# 19 Exhibit 6, Part 4, 6-21-05 Inspection Report# 20 Exhibit 7, 12-02-05 Ltr# 21 Exhibit 8, Part 1, 5-22-06 Inspection Report# 22 Exhibit 8, Part 2, 5-22-06 Inspection Report# 23 Exhibit 8, Part 3, 5-22-06 Inspection Report# 24 Exhibit 8, Part 4, 5-22-06 Inspection Report# 25 Exhibit 9, Betty McKnight Deposition# 26 Exhibit 10, Filed Under Seal# 27 Exhibit 11, Filed Under Seal# 28 Index of Restricted Exhibits 12, Part 1, Jack Sizemore Deposition# 29 Exhibit 12, Part 2, Jack Sizemore Deposition# 30 Exhibit 12, Part 3, Jack Sizemore Deposition# 31 Exhibit 13, 9-25-07 Letter# 32 Exhibit 14, 9-08-05 Letter# 33 Exhibit 15, 8-04-06 Letter# 34 Exhibit 16, News Articles# 35 Exhibit 17, Part 1, Management of MRSA# 36 Exhibit 17, Part 2, Management of MRSA# 37 Exhibit 17, Part 3, Management of MRSA# 38 Exhibit 17, Part 4, Management of MRSA# 39 Exhibit 17, Part 5, Management of MRSA# 40 Exhibit 18, Cosgrove Article# 41 Exhibit 19, Devesh Tiwary Article# 42 Exhibit 20, Part 1, Nicola Zetola Article# 43 Exhibit 20, Part 2, Nicola Zetola Article# 44 Exhibit 21, Bala Hota Article# 45 Exhibit 22, Bala Hota Article# 46 Exhibit 23, David Hartley Article# 47 Exhibit 24, County of Los Angeles Report# 48 Exhibit 25, Ky. Corrections Protocol# 49 Exhibit 26, 1-22-07 Letter# 50 Exhibit 27, Lester Napier Discharge Summary# 51 Exhibit 28, Laurel County Medical Report Form# 52 Exhibit 29, Laurel County Medical Report Form# 53 Exhibit 30, Part 1, Laurel County Medical Report Form# 54 Exhibit 30, Part 2, Laurel County Medical Report Form# 55 Exhibit 31, Laurel County Medical Report Form# 56 Exhibit 31, Part 2, Laurel County Medical Report Form# 57 Index of Restricted Exhibits 32, Laurel County Medical Report Form# 58 Exhibit 33, John Clark Report# 59 Exhibit 34, Inmates of Bucks County# 60 Proposed Order)(Belzley, Gregory) **NOTE: SUPPLEMENTAL EXHIBIT 10 FILED UNDER SEAL AT DOCKET ENTRY 66 PURSUANT TO ORDER 65 **Modified on 1/29/2008 (JMB). (Entered: 09/27/2007)

2 Memorandum in Support

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3 Exhibit 1, Lester Napier Medical Records

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4 Exhibit 2, Part 1, 2-13-02 Inspection Report

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5 Exhibit 2, Part 2, 2-13-02 Inspection Report

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6 Exhibit 3, Part 3, 2-13-02 Inspection Report

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7 Errata 2, Part 4, 2-13-02 Inspection Report

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8 Exhibit 3, Part 1, 5-14-03 Inspection Report

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9 Exhibit 3, Part 2, 5-14-03 Inspection Report

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10 Exhibit 3, Part 3, 5-14-03 Inspection Report

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11 Exhibit 3, Part 4, 5-14-03 Inspection Report

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12 Exhibit 4, Dec. 19 2003 Ltr

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13 Errata 5, Part 1, 5-20-04 Inspection Report

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14 Exhibit 5, Part 2, 5-24-04 Inspection Report

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15 Exhibit 5, Part 3, 5-24-04 Inspection Report

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16 Exhibit 5, Part 4, 5-24-04 Inspection Report

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17 Exhibit 6, Part 1, 6-21-05 Inspection Report

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18 Exhibit 6, Part 2, 6-21-05 Inspection Report

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19 Exhibit 6, Part 3, 6-21-05 Inspection Report

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20 Exhibit 6, Part 4, 6-21-05 Inspection Report

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21 Exhibit 7, 12-02-05 Ltr

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22 Exhibit 8, Part 1, 5-22-06 Inspection Report

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23 Exhibit 8, Part 2, 5-22-06 Inspection Report

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24 Exhibit 8, Part 3, 5-22-06 Inspection Report

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25 Exhibit 8, Part 4, 5-22-06 Inspection Report

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26 Exhibit 9, Betty McKnight Deposition

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27 Exhibit 10, Filed Under Seal

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28 Exhibit 11, Filed Under Seal

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29 Index of Restricted Exhibits 12, Part 1, Jack Sizemore Deposition

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30 Exhibit 12, Part 2, Jack Sizemore Deposition

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31 Exhibit 12, Part 3, Jack Sizemore Deposition

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32 Exhibit 13, 9-25-07 Letter

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33 Exhibit 14, 9-08-05 Letter

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34 Exhibit 15, 8-04-06 Letter

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35 Exhibit 16, News Articles

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36 Exhibit 17, Part 1, Management of MRSA

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37 Exhibit 17, Part 2, Management of MRSA

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38 Exhibit 17, Part 3, Management of MRSA

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39 Exhibit 17, Part 4, Management of MRSA

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40 Exhibit 17, Part 5, Management of MRSA

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41 Exhibit 18, Cosgrove Article

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42 Exhibit 19, Devesh Tiwary Article

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43 Exhibit 20, Part 1, Nicola Zetola Article

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44 Exhibit 20, Part 2, Nicola Zetola Article

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45 Exhibit 21, Bala Hota Article

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46 Exhibit 22, Bala Hota Article

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47 Exhibit 23, David Hartley Article

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48 Exhibit 24, County of Los Angeles Report

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49 Exhibit 25, Ky. Corrections Protocol

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50 Exhibit 26, 1-22-07 Letter

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51 Exhibit 27, Lester Napier Discharge Summary

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52 Exhibit 28, Laurel County Medical Report Form

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53 Exhibit 29, Laurel County Medical Report Form

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54 Exhibit 30, Part 1, Laurel County Medical Report Form

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55 Exhibit 30, Part 2, Laurel County Medical Report Form

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56 Exhibit 31, Laurel County Medical Report Form

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57 Exhibit 31, Part 2, Laurel County Medical Report Form

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58 Index of Restricted Exhibits 32, Laurel County Medical Report Form

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59 Exhibit 33, John Clark Report

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60 Exhibit 34, Inmates of Bucks County

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61 Proposed Order

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**SEALED** MOTION for Leave to File Under Seal Reference List and Exhibits to Memo in Support of Motion for Class Certification by Lester Napier (JMB) (Entered: 09/28/2007)

ORDER re 39 MOTION for Leave to File Excess Pages by Lester Napier filed by Lester Napier: Plff's motion 39 is GRANTED. In addition, Dfts may file an opposing memo of equal length w/o leave of court. Motions terminated: 39 MOTION for Leave to File Excess Pages by Lester Napier filed by Lester Napier.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 09/28/2007)

ORDER re 42 MOTION for Leave by Lester Napier filed by Lester Napier: Plff's motion 42 is GRANTED. Plff may file under seal his tendered reference list and questionnaires, affidavits/declarations and DVD attached as an exhibit to his supporting memo. Motions terminated: 42 MOTION for Leave by Lester Napier filed by Lester Napier,.. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 10/01/2007)

**INCORRECTLY FILED-See DE 46 for correct entry** MOTION to Strike 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore Exh. #13, #33, & all exhibits filed under seal, but not LCDC inspection DVD (Attachments: # 1 Proposed Order # 2 Exhibit)(Vose, Leslie) Modified on 10/16/2007 (Brock, Jacqueline). (Entered: 10/12/2007)

2 Proposed Order

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3 Exhibit

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MOTION to Strike 41 MOTION to Certify Class Exhibits #13, #33, & all exhibits filed under seal, but not LCDC inspection DVD by Lester Napier by Laurel County, Kentucky, Jack Sizemore, MOTION for Extension of Time to File Response as to 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore (Attachments: # 1 Exhibit A - 8/22/2007 Letter# 2 Proposed Order)(JMB)(FILED PURSUANT TO QC re 45 ) (Entered: 10/16/2007)

2 Exhibit A - 8/22/2007 Letter

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3 Proposed Order

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RESPONSE to Discovery Request by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore.(Vose, Leslie) (Entered: 10/17/2007)

RESPONSE in Opposition re 46 MOTION to Strike 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore MOTION to Strike 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore filed by Lester Napier. (Attachments: # 1 Exhibit CDC Report# 2 Exhibit NY Times article# 3 Exhibit CA-MRSA Virulence# 4 Proposed Order)(Belzley, Gregory) (Entered: 10/22/2007)

2 Exhibit CDC Report

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3 Exhibit NY Times article

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4 Exhibit CA-MRSA Virulence

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5 Proposed Order

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ORDER re 46 MOTION to Strike re 41 MOTION to Certify Class,, MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore: Dfts' motion to strike certain exhibits attached to the Plffs' mt for class certificateion is DENIED. However, Dfts' mt for extension of time to reply to Plff's mt is GRANTED 46 . Dft shall have until Wednesday, January 16, 2008 to file a response to Plff's mt for class certification. Plffs shall then have time permitted by local rules to file any reply. Motions terminated: 46 MOTION to Strike re 41 MOTION to Certify Class,,MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Certify Class by Lester Napier by Laurel County, Kentucky, Jack Sizemore Responses due by 1/16/2008. Signed by Judge Danny C. Reeves. (JMB)cc: COR (Entered: 11/16/2007)

*SEALED* MOTION for Leave to File Under Seal Supplemental Reference List and Supplement to Exhibit 10 to Memo in Support of Motion for Class Certification by Lester Napier (JMB) (Entered: 01/15/2008)

MOTION for Leave to File by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 (Attachments: # 1 Proposed Order Order granting Leave to File under Seal)(Vose, Leslie) (Entered: 01/15/2008)

2 Proposed Order Order granting Leave to File under Seal

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ORDER granting 51 Motion for Leave to File exhibits under seal. Signed by Judge Danny C. Reeves on 1/16/2008. (JMB)cc: COR (Entered: 01/16/2008)

RESPONSE in Opposition re 41 MOTION to Certify Class by Lester Napier filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Exhibit Ex. 1 - 2007 Daily Popluation Count, # 2 Exhibit Ex. 2 - 2007 Bed Count, # 3 Exhibit Ex. 3-10 - Filed under Seal, # 4 Exhibit Ex. 11 - 2007 KY. DOC Inspection documents, # 5 Exhibit Ex. 12 - 2007 Work Release Monitoring, # 6 Exhibit Ex. 13 - 10/17/07 Correspondence, KY Jail Specialist, # 7 Exhibit Ex. 14 - Minutes, Laurel County Fiscal Court, 3/25/04, # 8 Exhibit Ex. 15 - Minutes, Laurel County Fiscal Court, 5/26/05, # 9 Exhibit Ex. 16 - Ex. 15 - Minutes, Laurel County Fiscal Court, 6/23/05, # 10 Exhibit Ex. 17 - Ex. 15 - Minutes, Laurel County Fiscal Court, 6/22/065, # 11 Exhibit Ex. 18 - Ex. 15 - Minutes, Laurel County Fiscal Court, 7/27/06 & 1/23/07, # 12 Exhibit Ex. 19 - Ex. 15 - Minutes, Laurel County Fiscal Court, 3/07/075, # 13 Exhibit Ex. 20 - Ex. 15 - Minutes, Laurel County Fiscal Court, 5/18/07, # 14 Exhibit Ex. 21 - Ex. 15 - Minutes, Laurel County Fiscal Court, 8/14/07, # 15 Exhibit Ex. 22 - Jail Feasibility Study, September 2007, # 16 Exhibit Ex. A - McKnight Deposition, # 17 Exhibit Ex. 23 - Physicians Standing Orders, # 18 Exhibit Ex. 24 - Physician Credentials, # 19 Exhibit Ex. 25 - Affidavit of Kamran Mahmood, M.D., # 20 Exhibit Ex. 26 - Sample Cell Cleaning Records, # 21 Exhibit Ex. B - Sizemore Deposition, # 22 Exhibit Ex. 27 - Signage and Handouts, LCDC, # 23 Exhibit Ex. 28 - Puritan Janitorial Inspection Records, # 24 Exhibit Ex. 29 - Medical News Today, "No Reliable Risk Factor Found for CA-MRSA", 2/09/07, # 25 Exhibit Ex. 30 - Sentinel News Echo articel re: MRSA in Laurel County & Williamsburg News Journal article, 9/2006, # 26 Exhibit Ex. 31 - CDC, "Community-Acquired MRSA Information for the Public", 2/03/05, # 27 Exhibit Ex. 32 - ABC News, "That's No Spider Bite: Antibiotic Resistant Staph Infections Now Very Common", 8/16/06, # 28 Errata Ex. C - Napier Deposition)(Vose, Leslie) (Additional attachment(s) added on 1/17/2008: # 29 **CORRECT* Ex. 11-2007 KY DOC Inspection Documents, part 1, # 30 *CORRECT* Ex. 11-2007 KY DOC Inspection Documents, part 2, # 31 *CORRECT* Ex. 22-Jail Feasibility Study, Sept. 2007, part 1, # 32 *CORRECT* Ex. 22-Jail Feasibility Study, Sept. 2007, part 2, # 33 Proposed Order) (JMB). (Entered: 01/16/2008)

2 Exhibit Ex. 1 - 2007 Daily Popluation Count

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3 Exhibit Ex. 2 - 2007 Bed Count

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4 Exhibit Ex. 3-10 - Filed under Seal

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5 *INCORRECT* Exhibit Ex. 11 - 2007 KY. DOC Inspection documents

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6 Exhibit Ex. 12 - 2007 Work Release Monitoring

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7 Exhibit Ex. 13 - 10/17/07 Correspondence, KY Jail Specialist

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8 Exhibit Ex. 14 - Minutes, Laurel County Fiscal Court, 3/25/04

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9 Exhibit Ex. 15 - Minutes, Laurel County Fiscal Court, 5/26/05

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10 Exhibit Ex. 16 - Ex. 15 - Minutes, Laurel County Fiscal Court, 6/23/05

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11 Exhibit Ex. 17 - Ex. 15 - Minutes, Laurel County Fiscal Court, 6/22/065

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12 Exhibit Ex. 18 - Ex. 15 - Minutes, Laurel County Fiscal Court, 7/27/06 & 1/23/07

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13 Exhibit Ex. 19 - Ex. 15 - Minutes, Laurel County Fiscal Court, 3/07/075

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14 Exhibit Ex. 20 - Ex. 15 - Minutes, Laurel County Fiscal Court, 5/18/07

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15 Exhibit Ex. 21 - Ex. 15 - Minutes, Laurel County Fiscal Court, 8/14/07

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16 *INCORRECT* Exhibit Ex. 22 - Jail Feasibility Study, September 2007

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17 Exhibit Ex. A - McKnight Deposition

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18 Exhibit Ex. 23 - Physicians Standing Orders

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19 Exhibit Ex. 24 - Physician Credentials

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20 Exhibit Ex. 25 - Affidavit of Kamran Mahmood, M.D.

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21 Exhibit Ex. 26 - Sample Cell Cleaning Records

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22 Exhibit Ex. B - Sizemore Deposition

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23 Exhibit Ex. 27 - Signage and Handouts, LCDC

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24 Exhibit Ex. 28 - Puritan Janitorial Inspection Records

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25 Exhibit Ex. 29 - Medical News Today, "No Reliable Risk Factor Found for CA-

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26 Exhibit Ex. 30 - Sentinel News Echo articel re: MRSA in Laurel County & Williams

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27 Exhibit Ex. 31 - CDC, "Community-Acquired MRSA Information for the Public&q

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28 Exhibit Ex. 32 - ABC News, "That's No Spider Bite: Antibiotic Resistan

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29 Errata Ex. C - Napier Deposition

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30 **CORRECT* Ex. 11-2007 KY DOC Inspection Documents, part 1

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31 *CORRECT* Ex. 11-2007 KY DOC Inspection Documents, part 2

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32 *CORRECT* Ex. 22-Jail Feasibility Study, Sept. 2007, part 1

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33 *CORRECT* Ex. 22-Jail Feasibility Study, Sept. 2007, part 2

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34 Proposed Order

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NOTICE OF FILING by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 re 53 Response in Opposition to Motion,,,,,,,, Tendered Order Overruling Motion for Class Certification (Vose, Leslie) (Entered: 01/16/2008)

NOTICE OF FILING by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 re 53 Response in Opposition to Motion,,,,,,,, of Sealed Exhibits 3-10 (Vose, Leslie) (Entered: 01/17/2008)

MOTION for Extension of Time to File Response/Reply by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 01/17/2008)

2 Proposed Order

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MOTION for Hearing by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 01/17/2008)

2 Proposed Order

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ORDER re 57 MOTION for Hearing by Lester Napier filed by Lester Napier, 56 MOTION for Extension of Time to File Response/Reply by Lester Napier filed by Lester Napier: Plff's mt for ext of time to file reply to Dft's response to Plff's mt for class certificateion 56 is DENIED. However, Plff's mt for a hearing on the mt for class certification 57 is GRANTED. A hrg shall be held on Monday, February 4, 2008 at 1:30 PM, in London, Ky. Motions terminated: 56 MOTION for Extension of Time to File Response/Reply by Lester Napier filed by Lester Napier, 57 MOTION for Hearing by Lester Napier filed by Lester Napier.Hearing on Motion for Class Certification set for 2/4/2008 01:30 PM in London before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 1/17/2008.(JMB)cc: COR (Entered: 01/17/2008)

SEALED EXHIBITS 3 THRU 10 re Defendants' 53 Response in Opposition to Motion, 55 Notice of Filing by Laurel County, Kentucky, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3 (JMB) (Entered: 01/18/2008)

MOTION to Withdraw by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 Dinah T. Bevington and Chacey R. Ford as Counsel of Record (Attachments: # 1 Proposed Order)(Vose, Leslie) (Entered: 01/25/2008)

2 Proposed Order

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ORDER granting 60 Motion to Withdraw by Laurel County, Kentucky, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3 Dinah T. Bevington and Chacey R. Ford as Counsel of Record. Clk of Ct and opposing counsel may remove these attys' names from the service list w/ respect to future filings.. Signed by Judge Danny C. Reeves on 1/25/2008. (JMB)cc: COR (Entered: 01/25/2008)

RESPONSE to Discovery Request by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Affidavit)(Vose, Leslie) (Entered: 01/25/2008)

2 Affidavit

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MOTION for Leave to File Excess Pages by Lester Napier (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 01/28/2008)

2 Proposed Order

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**STRICKEN PURSUANT TO Order 65 ** Modified on 1/29/2008 (JMB). (Entered: 01/28/2008)

ORDER re 63 MOTION for Leave to File Excess Pages by Lester Napier filed by Lester Napier, 50 MOTION for Leave by Lester Napier filed by Lester Napier: 1) Plff's mt for leave to file brief in excess of 15 pgs 63 is DENIED. Clk of Ct is DIRECTED to STRIKE the Plff's reply brief 64 from the record; and 2) Plff's mt for leave to file certain supplemental docs under seal 50 is GRANTED. Clk of Ct is DIRECTED to file previously-tendered exhibits under seal. Motions terminated: 63 MOTION for Leave to File Excess Pages by Lester Napier filed by Lester Napier, 50 MOTION for Leave by Lester Napier filed by Lester Napier.. Signed by Judge Danny C. Reeves on 1/29/2008.(JMB)cc: COR (Entered: 01/29/2008)

SEALED DOCUMENT (Supplemental Exhibit 10) by Lester Napier re 41 MOTION to Certify Class by Lester Napier (JMB) (Entered: 01/29/2008)

SEALED DOCUMENT (Exhibits A-B Filed Under Seal) by Lester Napier re 64 Reply to Response to Motion re 41 Motion for Class Certification **NOTE: Plff's Reply in Support of Motion for Class Certification was stricken from the record by Order 65 entered on 1/29/2008** (JMB) (Entered: 01/31/2008)

MINUTE ENTRY ORDER FOR DOCKET CALL held on 2/4/2008 before Judge Danny C. Reeves: 1) Plff's mt for class certification 41 is taken under advisement; and 2) The DVD's containing inmate medical records tendered by dfts for the Ct's review shall be filed in the record UNDER SEAL. (Court Reporter CINDY OAKES.) (JMB)cc: COR (Entered: 02/05/2008)

SEALED DOCUMENT (DVD's w/ inmate medical records) by Laurel County, Kentucky, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3 re 41 MOTION to Certify Class by Lester Napier (FILED UNDER SEAL PURSUANT TO 68 Minute Entry Order for Docket Call held on 2/4/2008) (JMB) (Entered: 02/05/2008)

MOTION for Leave to File by Lester Napier (Attachments: # 1 Proposed Order granting leave to file supp. exhibits, # 2STRICKEN Pursuant to Order 79 )(Shipp, Jeffrey) Modified on 2/22/2008 (JMB). SEE DOCKET ENTRY 74 FOR SEALED EXHIBIT Modified on 2/26/2008 (JMB). (Entered: 02/13/2008)

2 Proposed Order granting leave to file supp. exhibits

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FOURTH MOTION for Leave by Lester Napier to file under seal supplemental reference and exhibits (Attachments: # 1 Proposed Order, # 2 STRICKEN Pursuant to Order 79 )(Shipp, Jeffrey) Modified on 2/22/2008 (JMB).SEE DOCKET ENTRY 75 FOR SEALED EXHIBIT Modified on 2/26/2008 (JMB). (Entered: 02/19/2008)

2 Proposed Order

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FIFTH MOTION for Leave by Lester Napier to file under seal supplemental reference list and exhibits (Attachments: # 1 Proposed Order, # 2 STRICKEN Pursuant to Order 79 )(Shipp, Jeffrey) Modified on 2/22/2008 (JMB). SEE DOCKET ENTRY 77 FOR SEALED EXHIBIT Modified on 2/26/2008 (JMB). (Entered: 02/20/2008)

2 Proposed Order

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SIXTH MOTION for Leave by Lester Napier for leave to file supplemental reference list and exhibits (Attachments: # 1 Proposed Order, # 2 STRICKEN Pursuant to Order 79 )(Shipp, Jeffrey) Modified on 2/26/2008 (JMB). SEE DOCKET ENTRY 78 FOR SEALED EXHIBIT Modified on 2/26/2008 (JMB). (Entered: 02/21/2008)

2 Proposed Order

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SEALED DOCUMENT (Supplemental Exhibit Under Seal of Inmate Reference List) by Lester Napier re 70 MOTION for Leave to File by Lester Napier (JMB) (Entered: 02/22/2008)

SEALED DOCUMENT (Supplemental Exhibit Under Seal of Inmate Reference List) by Lester Napier re 71 FOURTH MOTION for Leave by Lester Napier to file under seal supplemental reference and exhibits (JMB) (Entered: 02/22/2008)

RESPONSE in Opposition re 73 SIXTH MOTION for Leave by Lester Napier for leave to file supplemental reference list and exhibits, 70 MOTION for Leave to File by Lester Napier, 71 FOURTH MOTION for Leave by Lester Napier to file under seal supplemental reference and exhibits, 72 FIFTH MOTION for Leave by Lester Napier to file under seal supplemental reference list and exhibits filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Proposed Order)(Vose, Leslie) (Entered: 02/22/2008)

2 Proposed Order

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SEALED DOCUMENT (Supplemental Exhibit Under Seal of Inmate Reference List) by Lester Napier re 72 FIFTH MOTION for Leave by Lester Napier to file under seal supplemental reference list and exhibits (JMB) (Entered: 02/22/2008)

SEALED DOCUMENT (Supplemental Exhibit Under Seal of Inmate Reference List) by Lester Napier re 73 SIXTH MOTION for Leave by Lester Napier for leave to file supplemental reference list and exhibits (JMB) (Entered: 02/26/2008)

MEMORANDUM OPINION & ORDER: 1) Plff's Motion to Certify Class 41 is DENIED; 2) Plff's Motions for Leave to File Supplemental Reference Lists and Declarations 70, 71, 72 and 73 are DENIED. Clerk is DIRECTED to STRIKE the attached exhibits entitled "Inmate Reference Lists" from the record. Plff's counsel is also DIRECTED to ensure that all future motions and exhibits comply w/ the Court's Amended Scheduling Order re privacy. See record no. 25 Motions terminated: 73 SIXTH MOTION for Leave by Lester Napier for leave to file supplemental reference list and exhibits filed by Lester Napier, 71 FOURTH MOTION for Leave by Lester Napier to file under seal supplemental reference and exhibits filed by Lester Napier, 70 MOTION for Leave to File by Lester Napier filed by Lester Napier, 41 MOTION to Certify Class by Lester Napier filed by Lester Napier, 72 FIFTH MOTION for Leave by Lester Napier to file under seal supplemental reference list and exhibits filed by Lester Napier.. Signed by Judge Danny C. Reeves on 2/26/2008.(JMB)cc: COR (Entered: 02/26/2008)

TRANSCRIPT of Official Proceedings: SCHEDULING CONFERENCE held on 11/22/2006 before Judge Danny C. Reeves. Court Reporter: CINDY OAKES. (JMB) (Entered: 02/28/2008)

TRANSCRIPT of Official Proceedings: HEARING ON MOTION FOR CLASS CERTIFICATION held on 2/4/2008 before Judge Danny C. Reeves. Court Reporter: CINDY OAKES. (JMB) (Entered: 02/28/2008)

ORDER REASSIGNING CASE. Case reassigned to Judge Amul R. Thapar for all further proceedings. Judge Danny C. Reeves no longer assigned to case. Signed by Judge Danny C. Reeves on 3/3/2008.(JMB)cc: COR (Entered: 03/03/2008)

MOTION to Stay by Lester Napier (Attachments: # 1 Proposed Order proposed order)(Hegge, Colleen) (Entered: 03/03/2008)

2 Proposed Order proposed order

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ORDER: (1) A telephonic conference among counsel and the undersigned is scheduled for Wednesday, March 12, 2008, at the hour of 4:00 p.m.(2) The undersigneds chambers shall initiate the conference call, and lead counsel for each party shall be prepared to discuss the pending motion.(3) A court reporter is needed to transcribe the proceedings., ( Telephone Conference set for 3/12/2008 04:00 PM in Pikeville before Judge Amul R. Thapar.) Signed by Judge Amul R. Thapar on 3/12/08.(MRS)cc: COR, Court Diary (Entered: 03/12/2008)

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/12/2008: 1) By agreement of parties, plff's motion for stay is TEMPORARLY GRANTED pending the Court's ruling. 2) Plff. shall file a memorandum in support of its motion to stay 83 attaching its petition for permission to appeal by 3/19/08. Defts shall file a response by 4/1/08 and plff.s may file a reply by 4/5/08. 3) Oral Argument Hearing set for 4/14/2008 02:00 PM in Covington before Judge Amul R. Thapar. ( Responses due by 4/1/2008, Replies due by 4/5/2008.). before Judge Amul R. Thapar: (Court Reporter Kelly Smith.) (SWA)cc: COR (Entered: 03/13/2008)

PRETRIAL MEMORANDUM by Lester Napier in Support of Previously Filed Motion for Stay. (Attachments: # 1 Exhibit Rule 23(f) Petition, # 2 Exhibit Memorandum Opinion and Order Denying Class Certification)(Belzley, Gregory) (Entered: 03/19/2008)

2 Exhibit Rule 23(f) Petition

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3 Exhibit Memorandum Opinion and Order Denying Class Certification

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RESPONSE in Opposition re 83 MOTION to Stay by Lester Napier filed by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Proposed Order)(Vose, Leslie) (Additional attachment(s) added on 4/11/2008: # 2 Response to Petitioner's Petition for Permission to Appeal) (RBB). (Entered: 04/01/2008)

2 Proposed Order

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3 Response to Petitioner's Petition for Permission to Appeal

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REPLY to Response to Motion re 83 MOTION to Stay by Lester Napier filed by Lester Napier. (Horne, Andrew) (Entered: 04/04/2008)

NOTICE OF FILING by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3 re 87 Response in Opposition to Motion, (Attachments: # 1 Exhibit 1 - Response to Petitioner's Petition for Permission to Appeal)(Vose, Leslie) (Entered: 04/10/2008)

2 Exhibit 1 - Response to Petitioner's Petition for Permission to Appeal

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MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 4/14/2008 before Judge Amul R. Thapar: 1) Plff's Mt to Stay 83 is TEMPORARILY GRANTED until the 6CCA rules on Plff's Rule 23(f) Petition for Permission to Appeal; 2) Matter set for status conference on Monday, July 14, 2008 at 2:00 PM in Lexington, Ky; and 3) If Ct of Appeals rules on Plff's petition prior to July 14, 2008, the parties are DIRECTED to notify the undersigned's chambers. (Status Conference set for 7/14/2008 02:00 PM in LEXINGTON before Judge Amul R. Thapar) Motions terminated: 83 MOTION to Stay by Lester Napier filed by Lester Napier ; Case stayed.. (Court Reporter JOAN AVERDICK.) (JMB)cc: COR, Clk of 6CCA, Lexington Ct Diary (Entered: 04/15/2008)

MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 7/15/08 before Judge Amul R. Thapar: (1) Upon agreement of the parties, Napier v. Laurel County, Kentucky, et al. (Civil Action No. 06-368-ART) and McQueen, et al. v. Laurel County, Kentucky, et al. (Civil Action No. 07-258-ART) shall remain stayed, pending a decision by the Sixth Circuit Court of Appeals; (2) The parties shall notify the Court upon receipt of a decision from the Sixth Circuit Court of Appeals; (3) The parties shall notify the Court should a telephone conference be necessary. (Court Reporter PEGGY WEBER.) (MRS)cc: COR (Entered: 07/15/2008)

APPEAL ORDER In Re: LESTER NAPIER (6CCA 08-0502) re 79 Memorandum Opinion & Order; plaintiff's Rule 23(f) petition is DENIED. Signed by 6CCA Clerk, Leonard Green on 7/28/2008. (Attachments: # 1 Cover Letter)(RBB)cc: COR (Entered: 07/29/2008)

2 Cover Letter

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ORDER: in light of the Sixth Circuit Court of Appeals' July 28, 2008, order denying the Plaintiff's Fed. R. Civ. P. 23(f) petition. 92 ; ORDERED as follows: (1) A telephonic conference among counsel and the undersigned is scheduled for Tuesday, August 26, 2008, at the hour of 9:30 a.m.; (2) The undersigned's chambers shall initiate the conference call, and lead counsel foreach party shall be prepared to discuss the status of this matter; (3) A court reporter is needed to transcribe the proceedings and shall be provided by theCourt. (Telephone Conference set for 8/26/2008 09:30 AM in London before Judge Amul R. Thapar.). Signed by Judge Amul R. Thapar on 8/1/2008.(RBB)cc: COR (Entered: 08/01/2008)

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/26/2008. before Judge Amul R. Thapar: court proposed dates and deadlines with counsel; separate scheduling order shall be entered contemporaneously herewith. (Court Reporter RHONDA SANSOM.) (RBB)cc: COR (Entered: 08/26/2008)

SCHEDULING ORDER: Signed by Judge Amul R. Thapar: 1) following ddls shall be observed: 1) suppl disclosures w/in 30 days of discovery of new info, but no later than 6/29/2009; b) Rule 26 identification of experts and disclosure of reports are due: i. plf by 12/1/2008, w suppl by 2/20/2009; ii. dft by 1/16/2009, w/ suppl due by 2/20/2009; c) all fact and expert discovery shall be completed by March 2, 2009; 2. parties shall observe directives regarding the filing of discovery material in tis case; 3) Discovery disputes shall be resolved as set forth; Mts: DISPOSITIVE MTS DDL: 4/3/2009; DAUBERT MTS DDL 4/3/2009; PRETRIAL: 1) PTC scheduled for 7/13/2009 @ 1:30 p.m; in LONDON; parties trying case as well as parties themselves to be present; 2) 14 days prior to PTC pretrial filings due; 3) 7 days prior to ptc counsel shall a) submit agreed statement of case; b) submit proposed voir dire questions; c) file written obj to list of witnesses and exhibits; d) file mts in limine; 3) file any mts for ruling upon any objections made in any evidentiary depo; 4) NLT 2 days before FPTC, parties shall file response to mts; 5) @ PTC counsel shall a) display all exhibits intened to be used @ trial; b) advise Court that they have displayed to opposing counsel all exhibits; c) Discuss and make possible stipulations of admissibility or threshold foundation requirements for admissibility of exhibits; d) demonstrate an ability to use the court's visual presentation system for any exh; c) discuss settlement; 6) Court Copies; counsel shall send copy to chambers of witness list, exhibit list, proposed jury instr; proposed voir dire questions; and statements of the case;TRIAAL: JURY TRIAL scheduled for 8/24/2009 @ 9:30 a.m. in LONDON, KY - parties directed to arrive 30 minutes early; anticipated length of trial is 4-5 days; Ext of Time: request to modify dates and ddls shall be submitted upon mt; Referral to Magistrate Judge: matter referred to Magistrate Judge for all non-dispositive pretrial matters other than: 1. Mts to Cont the Dispositive Mt Ddls; 2) Mt to Cont the Trial dates; 3) Mts in limine. Discovery due by 3/2/2009. Dispositive Motions due by 4/3/2009. Final Pretrial Conference set for 7/13/2009 01:30 PM in London before Judge Amul R. Thapar. Jury Trial set for 8/24/2009 09:30 AM in London before Judge Amul R. Thapar.(RBB)cc: COR Modified on 3/2/2009 to correct date on Dispositive Mt DDl from 4/3/2008 to 4/3/2009. (RBB). (Entered: 08/26/2008)

ORDER:A telephonic conference, for counsel only, is scheduled for November 4, 2008 commencing at 10:30 a.m. to assess the feasibility of the schedule, progress of discovery, and to evaluate the suitability of conducting a settlement conference. The Court will initiate the conference call. If any party will not be at the telephone number shown on the docket of this action, the party should notify the undersigned of any other telephone number for the Court to use in initiating the call. (Telephone Conference set for 11/4/2008 10:30 AM in London before Robert E. Wier.). Signed by Robert E. Wier on 08/27/2008.(RBB)cc: COR (Entered: 08/27/2008)

ORDER : all parties participating in the telephonic conference call set for NOVEMBER 4, 2008 @ 10:30 A.M. are directed to call InterCall Teleconferencing at 1-866-2843, and refer to reservation no. 71483315. Signed by Robert E. Wier on 10/29/2008.(RBB)cc: COR (Entered: 10/29/2008)

ORDER FOR TELEPHONE CONFERENCE held on 11/4/2008. before Robert E. Wier: Cnsl stated they do not anticipate any problems in completing discovery. Upon joint motion or request of cnsl, the Court will promptly schedule a settlement conference. (MRS)cc: COR (Entered: 11/04/2008)

DISCLOSURES of New Expert Witness by Lester Napier. (Attachments: # 1 Exhibit Expert's report, # 2 Exhibit Expert's CV)(Belzley, Gregory) (Entered: 11/12/2008)

2 Exhibit Expert's report

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3 Exhibit Expert's CV

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DISCLOSURES of Expert Witness by Laurel County, Kentucky, Jack Sizemore, Jack Sizemore, John and Jane Does, Nos. 1, 2 and 3, John and Jane Does, Nos. 1, 2 and 3. (Attachments: # 1 Exhibit A - Donald Leach Curriculum Vitae, # 2 Exhibit B - Expert Report, # 3 Exhibit C - Case History)(Hooks, Bradley) (Entered: 01/16/2009)

2 Exhibit A - Donald Leach Curriculum Vitae

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3 Exhibit B - Expert Report

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4 Exhibit C - Case History

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