Case: Lane v. Lombardi

2:12-cv-04219 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 9, 2012

Closed Date: March 28, 2014

Clearinghouse coding complete

Case Summary

This lawsuit was filed in the U.S. District Court for the Western District of Missouri in August 2012 by the owner of a publishing business named Caged Potential, against the Missouri Department of Corrections. The plaintiff was represented by the ACLU. The plaintiff's cousin was a prisoner at Crossroads Correctional Facility in Cameron, Missouri who wrote a novel, "So Far From Paradise." The book's publisher received nine orders for this book from prisoners at Crossroads and mailed copies in…

This lawsuit was filed in the U.S. District Court for the Western District of Missouri in August 2012 by the owner of a publishing business named Caged Potential, against the Missouri Department of Corrections. The plaintiff was represented by the ACLU. The plaintiff's cousin was a prisoner at Crossroads Correctional Facility in Cameron, Missouri who wrote a novel, "So Far From Paradise." The book's publisher received nine orders for this book from prisoners at Crossroads and mailed copies in November 2010 and January 2011. Crossroads mailroom staff seized the novels and refused to deliver the books to the inmates. The plaintiff never received notice that the books were seized and not delivered.

The plaintiff argued that without notice, a publisher had no way of knowing that the publication had not reached its intended recipient and therefore could not appeal the decision to withhold the publication; this, the plaintiff argued, violated due process and led to violations of the First Amendment, when prisoners and publishers were erroneously denied the ability to communicate with each other.

On November 8, 2012, the Court (Nanette K. Laughrey) granted class certification; the plaintiff class was "All current and future publishers, distributors, and authors of written materials, who mail books, publications, or other written materials to inmates incarcerated in prisons operated by MODOC." On November 15, 2012, Judge Laughrey granted a preliminary injunction, requiring all Missouri prisons to notify senders whenever written materials they send are censored, seized, and withheld from prisoners. The judge also ordered that after getting such notice, senders must have an opportunity to appeal the censorship. 2012 WL 5462932.

On March 28, 2014, the Court approved, over the objections of some of the plaintiffs, a settlement agreement awarding $33,479 in attorney fees. The defendants agreed to notify senders of books, publications, personal correspondence, pictures, and recorded materials of censorship decisions and to notify them of their opportunity to appeal those decisions as set forth in the procedure attached as Exhibit B to the agreement.

Summary Authors

Katherine Reineck (2/21/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4300637/parties/lane-dba-caged-potential-v-lombardi/


Attorney for Plaintiff
Attorney for Defendant

Bailey, Andrew Tyler (Missouri)

Boresi, Susan D. (Missouri)

Callahan, Elizabeth (Missouri)

Expert/Monitor/Master/Other

Bonney, Stephen Douglas (Missouri)

Breivik, Edward (Missouri)

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Documents in the Clearinghouse

Document

2:12-cv-04219

Docket

Nov. 5, 2014

Nov. 5, 2014

Docket
1

2:12-cv-04219

Class-Action Complaint for Declaratory and Injunctive Relief

Aug. 9, 2012

Aug. 9, 2012

Complaint
22

2:12-cv-04219

Order

Nov. 8, 2012

Nov. 8, 2012

Order/Opinion

2012 WL 2012

23

12-00419

Order

Nov. 15, 2012

Nov. 15, 2012

Order/Opinion

2012 WL 2012

36

2:12-cv-04219

Proposed Settlement Agreement

March 27, 2014

March 27, 2014

Settlement Agreement
75

2:12-cv-04219

Order Approving Settlement Agreement

Oct. 22, 2014

Oct. 22, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300637/lane-dba-caged-potential-v-lombardi/

Last updated Feb. 10, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Filing fee $350, receipt number 0866-3193696. Service due by 12/10/2012. (Attachments: # 1 Civil Cover Sheet)(Rothert, Anthony) (Entered: 08/09/2012)

1 Civil Cover Sheet

View on PACER

Aug. 9, 2012

Aug. 9, 2012

PACER
2

MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 8/27/2012 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
3

SUGGESTIONS in support re 2 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Attachments: # 1 Exhibit Declaration of Bobbie Y. Lane)(Related document(s) 2 ) (Rothert, Anthony) (Entered: 08/10/2012)

1 Exhibit Declaration of Bobbie Y. Lane

View on PACER

Aug. 10, 2012

Aug. 10, 2012

PACER
4

MOTION to certify class filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 8/27/2012 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
5

SUGGESTIONS in support re 4 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
6

ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Signed on 8/10/12 by Magistrate Judge Matt J. Whitworth. This is a TEXT ONLY ENTRY. No document is attached. (James, Carrie) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
7

Notice of EAP assignment to United States Magistrate Judge Matt J. Whitworth. (Attachments: # 1 General Order)(James, Carrie) (Entered: 08/10/2012)

1 General Order

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Aug. 10, 2012

Aug. 10, 2012

PACER
8

RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. Mariann B. Atwell served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
9

RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. Dave Dormire served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
10

RETURN OF SERVICE of complaint executed by Bobbie Y. Lane d/b/a Caged Potential. George A. Lombardi served on 8/13/2012, answer due 9/4/2012. (Rothert, Anthony) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
11

NOTICE of appearance by Emily A. Dodge on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi (Dodge, Emily) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
12

MOTION for extension of time filed by Emily A. Dodge on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi. Suggestions in opposition/response due by 9/14/2012 unless otherwise directed by the court. (Dodge, Emily) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
13

ORDER entered by Judge Nanette Laughrey. Defendant's Motion for Extension of Time to Respond 12 is GRANTED. Defendant's response to Plaintiff's Motion for Preliminary Injunction 2, Motion for Class Certification 4, and Cross-Action Complaint for Declaratory and Injunctive Relief 1 is due on or before September 19, 2012. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER
14

NOTICE of appearance by Elizabeth Callahan on behalf of All Defendants (Callahan, Elizabeth) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
15

ANSWER to 1 Complaint, on behalf of Mariann B. Atwell, Dave Dormire, George A. Lombardi.(Dodge, Emily) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
16

SUGGESTIONS in opposition re 4 MOTION to certify class filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 10/9/2012 unless otherwise directed by the court (Related document(s) 4 ) (Dodge, Emily) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
17

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 10/9/2012 unless otherwise directed by the court (Attachments: # 1 Affidavit Dave Dormire, # 2 Affidavit Wilma Morgan, # 3 Affidavit Sylvia Fitzwater)(Related document(s) 2 ) (Dodge, Emily) (Entered: 09/19/2012)

1 Affidavit Dave Dormire

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2 Affidavit Wilma Morgan

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3 Affidavit Sylvia Fitzwater

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Sept. 19, 2012

Sept. 19, 2012

PACER
18

Consent MOTION for extension of time to file response/reply as to 2 MOTION for preliminary injunction through and including October 19, 2012, filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 10/22/2012 unless otherwise directed by the court. (Related document(s) 2 ) (Rothert, Anthony) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
19

REPLY SUGGESTIONS to motion re 4 MOTION to certify class filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 4 ) (Rothert, Anthony) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
20

ORDER by Judge Nanette Laughrey. Plaintiff's Motion for Extension of Time to File 18 is GRANTED. Plaintiff's reply is due on or before October 19, 2012. This is a TEXT ONLY ENTRY. No document is attached.(Kanies, Renea) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
21

REPLY SUGGESTIONS to motion re 2 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. (Related document(s) 2 ) (Rothert, Anthony) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
22

ORDER entered by Judge Nanette Laughrey. the Court finds that class certification is appropriate in this case. Accordingly, Plaintiff's Motion [Doc. # 4] is GRANTED. Pursuant to Fed. R. Civ. P. 23(c), the Court certifies the following class: All current and future publishers, distributors, and authors of written materials, who mail books, publications, or other written materials to inmates incarcerated in prisons operated by MODOC. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints Grant R. Doty and Anthony E. Rothert, of the ACLU of Eastern Missouri, and Stephen Douglas Bonney, of the ACLU of Kansas & Western Missouri, as Class counsel. (Kanies, Renea) (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

RECAP
23

ORDER entered by Judge Nanette Laughrey. Plaintiff's Motion for a Preliminary Injunction [Doc. # 2] is GRANTED. Defendants are required to provide notice and an opportunity to appeal to senders whose communications with prisoners are censored or seized by Defendants or their officers, agents, or subordinate employees. (Kanies, Renea) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
24

Settlement Conference set for 1/15/2013 10:00 AM in Magistrate Courtroom 3B, Jefferson City (WAK) before Magistrate Judge William A. Knox. (Price, Jackie) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

RECAP
25

AMENDED** NOTICE OF HEARING - This is the official notice for this hearing. Settlement Conference set for 1/15/2013 10:00 AM in **Magistrate Courtroom 3A, Jefferson City (MJW) before Magistrate Judge Matt J. Whitworth. THIS IS A CHANGE IN LOCATION AND JUDGE ONLY. TEXT ENTRY ONLY - no document is attached. (Price, Jackie) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
26

Minute Entry. Proceedings held before Magistrate Judge Matt J. Whitworth: SETTLEMENT CONFERENCE held on 1/15/2013. Counsel Grant Doty, Anthony Rothert, Emily Dodge and Elizabeth Callahan participated in person. Case settled. Case requires an approval hearing before the district judge. Confidential settlement record made. TEXT ENTRY ONLY - no document is attached. To order a transcript of this hearing please contact Jackie Price, 573-636-4015. (Price, Jackie) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
27

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 1/28/2013 at 10:00 AM regarding the settlement approval hearing. The parties shall call 877-336-1828, access code 8503666 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
28

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 1/31/2013 at 9:30 AM regarding the settlement approval hearing. The parties shall call 877-336-1828, access code 8503666 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
29

MINUTE ENTRY. Teleconference held before Judge Nanette Laughrey on January 31, 2013. Time: 9:30 a.m. 9:38 a.m. Comments: Teleconference held regarding a settlement approval hearing. Lance Weber, counsel for Prison Legal News, requested permission to listen to the conference call. No party had an objection. The Court permitted Mr. Weber to listen in on the conference call. The parties stated that final review of documents needs to be completed and notice published in two major newspapers and on the ACLU's website prior to the settlement approval hearing. The plaintiff will file a motion for approval of settlement by early March. The Court set a final settlement approval hearing for May 21, 2013, at 10:00 a.m. in Jefferson City. All parties stated they are available on this date. Plaintiffs by: Grant Doty and Douglas Bonney. Defendants by: Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Kanies. (Kanies, Renea) (TEXT ENTRY ONLY - NO DOCUMENT ATTACHED) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
30

Joint MOTION to continue Final Settlement Approval Hearing filed by Emily A. Dodge on behalf of All PARTIES. Suggestions in opposition/response due by 4/22/2013 unless otherwise directed by the court. (Dodge, Emily) Modified on 4/5/2013 to reflect document filed on behalf of all parties (Lock, Tania). (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
31

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion to Continue 30 is GRANTED. The final settlement approval hearing currently set for May 21, 2013, will be rescheduled to a date on or after October 1, 2013. This is a TEXT ONLY ENTRY. No document is attached.(Smith, Fran) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
32

NOTICE of filing Notice of Change of Address by Mariann B. Atwell, Dave Dormire, George A. Lombardi (Callahan, Elizabeth) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
33

NOTICE of appearance by Gillian R. Wilcox on behalf of Bobbie Y. Lane d/b/a Caged Potential (Attorney Gillian R. Wilcox added to party Bobbie Y. Lane d/b/a Caged Potential(pty:pla))(Wilcox, Gillian) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
34

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A Telephone Conference is set for 3/26/2014 at 10:30 AM regarding the status of the case. The parties shall call conference number 877-336-1828, access code: 8503666 to participate in the call. This is a TEXT ONLY ENTRY. No document is attached. (Matthes, Renea) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
35

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on March 26, 2014. Time: 10:30 a.m. to 10:40 a.m. Teleconference held regarding the status of the case. Mr. Rothert stated the parties have reached a settlement and the parties have agreed on the settlement agreement and the notice to the class regarding the settlement. The Court directed the parties to file a motion to approve their proposed notice to the class and to include in that motion how the parties plan to distribute notice to the class. After the notice is approved, the case will then be set for a fairness hearing and the parties shall submit the settlement agreement and a proposed order approving the settlement to the Court. The parties discussed how to most effectively distribute notice and agreed they will work with each other regarding publication of the notice. Mr. Rothert stated they will file the motion to approve class notice by Friday, March 28, and the case should be ready for a fairness hearing in 3-4 weeks. Appearances: Plaintiff by Anthony Rothert, Stephen Bonney, and Gillian Wilcox. Defendant by Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Matthes. (Matthes, Renea) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
36

Joint MOTION for order approving and directing notice to certified class, establishing deadline for objections to proposed settlement, and scheduling a fairness hearing filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 4/14/2014 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Settlement, # 2 Exhibit Proposed Notice)(Rothert, Anthony) (Entered: 03/27/2014)

1 Exhibit Proposed Settlement

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2 Exhibit Proposed Notice

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March 27, 2014

March 27, 2014

PACER
37

ORDER entered by Judge Nanette Laughrey. The Parties Joint Motion to Approve and Direct Notice of Settlement to the Certified Class, 36, is GRANTED. The Parties shall complete the notice process no later than 30 days from the date of this Order. The period in which class members may file objections shall expire 90 days from the date of this Order. A fairness hearing is set for 07/01/2014, at 10:00 a.m., in District Courtroom 4A, Jefferson City, Missouri. (Cross, Ashley) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

RECAP
38

Joint MOTION for extension of time from April 28, 2014, to May 8, 2014, in which to publish notice of settlement in Prison Legal News filed by Anthony E. Rothert on behalf of Bobbie Y. Lane d/b/a Caged Potential. Suggestions in opposition/response due by 4/21/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
39

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion to Modify Order, 38, is GRANTED. Plaintiff is ordered to direct notice by publication in Prison Legal News on or before May 8, 2014. This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
40

OBJECTION to settlement by Michael S. Connors. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

May 21, 2014

May 21, 2014

PACER
41

OBJECTION to settlement by Thurman Fuller Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
42

OBJECTION to settlement by Enoch Sellassie Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
43

MOTION to intervene filed by Christopher Wirth, Christopher Donnelly, Jonathan Rich, Adam Klebold, Edward Breivik, James Jahar Thule. Suggestions in opposition/response due by 6/16/2014 unless otherwise directed by the court. (Bax, Laura) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
44

OBJECTION to settlement by Kevin William. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
45

OBJECTIONS to settlement by Roderick Nunley. Related document: 37 Order on Motion for Miscellaneous Relief.(Bax, Laura) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
46

RESPONSE to motion re 43 MOTION to intervene filed by Anthony E. Rothert on behalf of Plaintiff Bobbie Y. Lane d/b/a Caged Potential. Reply suggestions due by 6/23/2014 unless otherwise directed by the court (Rothert, Anthony) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
47

OBJECTIONS to settlement by David G. White. (James, Carrie) (Entered: 06/09/2014)

June 6, 2014

June 6, 2014

PACER
48

ORDER SETTING TELECONFERENCE entered by Judge Nanette Laughrey. A teleconference is set for 6/16/2014 at 02:30 PM to discuss the settlement objections filed by current and former inmates. The Parties shall call 877-336-1828. Access code is 8503666.This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
49

OBJECTION to Settlement by Billy Turner. (Attachments: # 1 Exhibit, # 2 Envelope)(Chorny, Traci) (Entered: 06/13/2014)

1 Exhibit

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2 Envelope

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June 13, 2014

June 13, 2014

PACER
50

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on June 16, 2014. Time: 2:30 p.m. to 2:39 p.m. Teleconference held. The Court discussed with the Parties what procedure they believe should be followed to address inmate objections to the settlement. The Parties agreed that there is no need to make arrangements for the inmate objectors to appear in person at the fairness hearing and that addressing the written objections will be sufficient. The Parties also agreed that it is likely that the inmates are not members of the class because inmates are not allowed to send mail to each other while incarcerated, although there could be exceptions in certain circumstances. The Court will proceed with the fairness hearing scheduled for July 1, 2014. Appearnaces: Plaintiff by Anthony Rothert and Stephen Bonney and Defendant by Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Matthes. (Text entry only - no document attached) (Matthes, Renea) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
51

OBJECTIONS (non motions) to settlement by Maejed Inc.. (Attachments: # 1 Envelope)(James, Carrie) (Entered: 06/16/2014)

1 Envelope

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June 16, 2014

June 16, 2014

PACER
52

SUGGESTIONS in opposition re 43 MOTION to intervene filed by Emily A. Dodge on behalf of Defendants Mariann B. Atwell, Dave Dormire, George A. Lombardi. Reply suggestions due by 7/3/2014 unless otherwise directed by the court (Related document(s) 43 ) (Dodge, Emily) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
53

OBJECTIONS (non motions) to settlement by Maejed Inc.. (Attachments: # 1 Envelope)(Martin, Jan) Modified on 6/18/2014 - document deleted as it was duplicative to document no. 51. (Bax, Laura). (Entered: 06/17/2014)

June 16, 2014

June 16, 2014

PACER
54

OBJECTIONS (non motions)to Settlement by James Boley re 37 Order on Motion for Miscellaneous Relief,. Related document: 37 Order on Motion for Miscellaneous Relief,. (Attachments: # 1 Envelope)(James, Carrie) (Entered: 06/18/2014)

1 Envelope

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June 18, 2014

June 18, 2014

PACER
55

ORDER SETTING TELECONFERENCE. As requested by the Parties, a teleconference is set for 6/24/2014 at 10:00 AM to correct information previously provided to the Court. This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
56

Movants Donnelly, Wirth, Rich, Breivik, Thule, and Klebold's Motion to Intervene, 43 , is DENIED. A copy of this Order was mailed on 6/25/14 to each Movant at the addresses listed on the docket. (Cross, Ashley)

June 25, 2014

June 25, 2014

RECAP
57

OBJECTIONS (non motions) by Prison Legal News to proposed settlement of class claims . (Attachments: # 1 Exhibit 1 − Declaration of Lance Weber, # 2 Exhibit 2 − Declaration of John W. Kurtz, # 3 Exhibit 3 − Declaration of Sanford J. Rosen)(Weber, Lance) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

58

Supplemental OBJECTIONS 57 by Prison Legal News . (Weber, Lance) Modified on 6/27/2014 to correct docket text(Bax, Laura). (Additional attachment(s) added on 6/30/2014: # 1 Exhibit) (Bax, Laura). (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

59

Supplemental OBJECTIONS by Prison Legal News re 57 Objections (non motion) . Related document: 58 Objections (non motion) filed by Prison Legal News.(Weber, Lance) Modified on to correct docket text 6/27/2014 (Bax, Laura). Modified on 6/30/2014 − document attached to entry no. 58 and deleted from this entry per instructions from chambers (Bax, Laura). (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 6/27/14 as Document No. 59, Objections (non−motion). The document has been deleted and attached to Document No. 58. This is a text entry only − no document is attached. (Bax, Laura) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

60

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on June 24, 2014. Time: 10:00 a.m. to 10:17 a.m. Mr. Rothert stated that inmates who are not in administrative segregation are generally allowed to correspond with inmates at other correctional facilities and, as such, inmates may be class members. The parties stated that they had discussed notice to inmate class members regarding the settlement and making a copy of the settlement agreement available in the library of each prison. The parties proposed that, in the library of each correctional facility, notice to the class be posted and a copy of the proposed settlement made available by a date certain. The Court approved that means of providing notice. Notice will be posted in the library of each prison within 30 days of the date of this Order. Inmates will be provided 30 days after posting of the notice to submit objections. The Court will proceed with the fairness hearing scheduled for July 1, 2014. The Court will schedule a second hearing in September to consider objections filed by inmates. Appearances: Plaintiffs by Anthony Rothert and Stephen Bonney and Defendants by Emily Dodge and Elizabeth Callahan. Court Reporter: None. CRD: Renea Matthes.(Cross, Ashley) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

62

EXHIBIT INDEX − Settlement Approval Hearing held 7/1/2014. (Matthes, Renea) (Entered: 07/03/2014)

July 1, 2014

July 1, 2014

63

OBJECTIONS (non motions) by Prison Legal News re 57 Objections (non motion), . Related document: 57 Objections (non motion), filed by Prison Legal News.(Weber, Lance) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

64

Joint MOTION for order approval of supplemental notice to class re 60 Telephone Conference,,,,, filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/24/2014 unless otherwise directed by the court. (Attachments: # 1 Proposed Supplemental Notice to Class)(Related document(s) 60 ) (Rothert, Anthony) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

65

ORDER entered by Judge Nanette Laughrey. The Parties' Joint Motion to Approve and Direct Supplemental Notice of Settlement, [Doc. 64], is GRANTED. Defendants will post the notice in the library of each Missouri Department of Corrections facility by July 18, 2014. Class members may file objections to the Parties' proposed settlement by no later than August 18, 2014. A fairness hearing required by Federal Rule of Civil Procedure 23(e)(2) is set for September 5, 2014, at 10:00 a.m. The hearing will be held at: Christopher S. Bond United States Courthouse, 80 Lafayette Street, Jefferson City, MO 65101 This is a TEXT ONLY ENTRY. No document is attached.(Cross, Ashley) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

66

MAIL RETURNED as undeliverable. Mail sent to Adam Klebold. (Related document(s) 56 ) (Lock, Tania) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

67

OBJECTIONS (non motions) by Billy Turner to proposed settlement. (Attachments: # 1 Envelope)(Russel, Jeri) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

68

OBJECTIONS (non motions) by Melvin Leroy Tyler. (Bax, Laura) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

69

OBJECTIONS (non motions) by Roger D Merchant. (Bax, Laura) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

70

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: SETTLEMENT FAIRNESS HEARING held on 9/5/2014. Grant Dody appeared on behalf of Plaintiffs. Emily Dodge and Elizabeth Callahan appeared on behalf of Defendants. This is the second settlement fairness hearing in this case after Defendants agreed to provide notice of the settlement to prisoners in the custody of the Missouri Department of Corrections. Three additional objections were submitted by mail after the second notice was issued. Both Parties believe the objections are not relevant to the narrow issues before the Court. No objectors were present at the hearing. The Court ordered the Parties to submit a proposed order approving the settlement by no later than September 15, 2014. The proposed order should address issues raised by Prison Legal News, including the issue of attorney's fees for enforcement of a civil rights action. The Parties should email the proposed order to Alana Barragan−Scott (alana_barragan−scott@mow.uscourts.gov). TEXT ENTRY ONLY− no document attached. To order a transcript of this hearing please contact Tania Lock, 573−556−7552. FTR: 10:00am − 10:07am (Lock, Tania) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

71

MOTION to intervene filed by Michael L. Gorman. Suggestions in opposition/response due by 10/10/2014 unless otherwise directed by the court. (James, Carrie) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

72

ORDER entered by Judge Nanette Laughrey. Michael Gorman, an inmate in the Jefferson City Correctional Center, filed a Motion to Intervene in this case. 71 . In his Motion, Mr. Gorman states that personnel in the Jefferson City Correctional Center opened sealed, legal mail within his cell while they were moving Mr. Gorman to a new cell. He requests that he be "added to this case." A party's right to intervene is governed by Federal Rule of Civil Procedure 24. Mr. Gorman's Motion does not satisfy the requirements of Rule 24. For example, in his Motion, Mr. Gorman failed to state the grounds for intervention and did not include a pleading that sets out the claim or defense for which intervention is sought, as required by Federal Rule of Civil Procedure 24(c). Further, Mr. Gorman has not met the requirements of either Rule 24(a) or 24(b). As to Rule 24(a)(1), Mr. Gorman does not identify a federal statute that gives him the unconditional right to intervene. As to Rule 24(a)(2), Mr. Gorman does not explain how he has an interest in the subject matter of this case beyond class membership. He does not explain how disposal of this action without his intervention will impair or impede his ability to protect his own interests. To the extent that Mr. Gorman mails material to inmates in the custody of other MODOC facilities, Mr. Gorman is a member of the certified class, which is adequately represented by named Plaintiff Bobbie Lane. As to Rules 24(b)(1) and (b)(2), Mr. Gorman does not identify a federal statute that gives him a conditional right to intervene and does not identify a claim or defense that shares with the main action a common question of law or fact. Mr. Gorman states that his legal mail has been opened, which is an entirely different allegation than the one being alleged in this case. Further, pursuant to Rule 24(b)(3), intervention is inappropriate because it will unduly delay or prejudice the adjudication of the original parties' rights. The Parties have presented argument at two settlement fairness hearings, have fielded various objections, and have sent notice to class members on two separate occasions. Mr. Gorman's letter, which is dated September 19, 2014, was written long after the time to file objections to the settlement of this case has passed. Accordingly, Mr. Gorman's Motion to Intervene, [Doc. 71], is denied. This is a TEXT ONLY ENTRY. No document is attached. (Cross, Ashley). A copy of this Order was mailed to Mr. Gorman on 9/25/2014, at Jefferson City Correctional Center, 8200 No More Victims Rd., Jefferson City, MO 65101. (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

73

OBJECTIONS (non motion) to settlement by Charles Johnson, George Biddy, Daniel M. Coy & Larry Windeknecht. (Attachments: # 1 Exhibit, # 2 Envelope) Sealed envelope attached to "exhibit 8" returned to Larry Windeknecht as the court cannot forward correspondence.(Bax, Laura) (Entered: 09/29/2014)

Sept. 26, 2014

Sept. 26, 2014

74

NOTICE of appearance by Andrew McNulty on behalf of All Plaintiffs (Attorney Andrew McNulty added to party Bobbie Y. Lane d/b/a Caged Potential(pty:pla))(McNulty, Andrew) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

75

ORDER. Settlement Agreement is approved. It is further ordered that pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs' claims are dismissed with prejudice. Signed on 10/22/14 by District Judge Nanette K. Laughrey. (Matthes, Renea)

Oct. 22, 2014

Oct. 22, 2014

RECAP
76

OBJECTIONS (non motions) by Michael S. Connors. (Attachments: # 1 Envelope)(James, Carrie) (Entered: 11/06/2014)

Nov. 5, 2014

Nov. 5, 2014

2:12-cv-04219-NKL As of: 02/21/2016 08:54 PM CST 6 of 11 approval hearing. The parties shall call 877−336−1828, access code 8503666 to participate in the conference.This is a TEXT ONLY ENTRY. No document is attached. (Kanies, Renea) (Entered: 01/23/2013)

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 9, 2012

Closing Date: March 28, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future publishers, distributors, and authors of written materials, who mail books, publications, or other written materials to inmates incarcerated in prisons operated by MODOC.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $33,479

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Issues

General:

Mail

Policing:

Inadequate citizen complaint investigations and procedures