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1
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COMPLAINT against Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier, filed by United States of America. (Attachments: #(1) Continuance of Exhibits.) (DLC) (Entered: 09/30/2009)
2 Continuance of Exhibits
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Sept. 30, 2009
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Sept. 30, 2009
PACER
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2
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AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 09/30/2009)
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Sept. 30, 2009
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Sept. 30, 2009
PACER
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3
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NOTICE of Appearance by Mary Pat Fleming on behalf of United States of America (Fleming, Mary) (Entered: 09/30/2009)
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Sept. 30, 2009
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Sept. 30, 2009
PACER
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4
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AFFIDAVIT of Service for Summons & Complaint served on Barbara Leary, First Deputy Superintendent Erie County Holding Center on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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5
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AFFIDAVIT of Service for Summons & Complaint served on Timothy B. Howard, Erie County Sheriff on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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6
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AFFIDAVIT of Service for Summons & Complaint served on Donald Livingston, First Deputy Superintendent, Erie County Correctional Facility on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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7
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AFFIDAVIT of Service for Summons & Complaint served on The Honorable Christopher Collins, Erie County Executive on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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8
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AFFIDAVIT of Service for Summons & Complaint served on Erie County, New York c/o Christopher Collins on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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9
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AFFIDAVIT of Service for Summons & Complaint served on Anthony Billittier IV, M.D., Erie County Health Commissioner on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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10
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AFFIDAVIT of Service for Summons & Complaint served on Robert Koch, Superintendent, Administrative Services Division, Jail Management Division on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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11
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AFFIDAVIT of Service for Summons & Complaint served on Richard T. Donovan, Undersheriff on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)
2 Exhibit A&B
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Oct. 19, 2009
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Oct. 19, 2009
PACER
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12
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ORDER GRANTING Defendants' request to extend the page limit to 40 pages. Signed by William M. Skretny U.S.D.J. on 10/21/2009. (MEAL) (Entered: 10/21/2009)
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Oct. 21, 2009
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Oct. 21, 2009
PACER
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13
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MOTION to Dismiss the Complaint by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 10/21/2009)
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Oct. 21, 2009
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Oct. 21, 2009
PACER
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14
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DECLARATION signed by Cheryl A. Green re 13 MOTION to Dismiss the Complaint filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - August 2009 letters, # 2 Exhibit B - 091009 response letter, # 3 Exhibit C - COC lawsuit Ex A-U, # 4 Exhibit C - contd- COC lawsuit Ex V-TT)(Wheaton, Kristin) (Entered: 10/21/2009)
2 Exhibit A - August 2009 letters
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3 Exhibit B - 091009 response letter
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4 Exhibit C - COC lawsuit Ex A-U
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5 Exhibit C - contd- COC lawsuit Ex V-TT
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Oct. 21, 2009
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Oct. 21, 2009
PACER
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15
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MEMORANDUM IN SUPPORT re 14 Declaration, 13 MOTION to Dismiss the Complaint byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - City of Columbus case)(Wheaton, Kristin) (Entered: 10/21/2009)
2 Exhibit A - City of Columbus case
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Oct. 21, 2009
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Oct. 21, 2009
PACER
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16
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NOTICE of Appearance by Cheryl A. Green on behalf of Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (DLC) (Entered: 10/27/2009)
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Oct. 23, 2009
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Oct. 23, 2009
PACER
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17
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TEXT SCHEDULING ORDER on Defendants' 13 Motion to Dismiss. Response due by 11/23/2009. Reply due by 12/7/2009. Oral Argument is scheduled for 12/16/2009 at 2:00 p.m. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/29/2009. (MEAL) (Entered: 11/01/2009)
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Nov. 1, 2009
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Nov. 1, 2009
PACER
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18
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ORDER GRANTING the Plaintiff's request for a page extension. Signed by William M. Skretny U.S.D.J. on 11/18/2009. (MEAL) (Entered: 11/19/2009)
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Nov. 19, 2009
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Nov. 19, 2009
PACER
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19
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RESPONSE in Opposition re 13 MOTION to Dismiss the Complaint filed by United States of America. (Attachments: # 1 Supplement Declaration of United States Attorney)(Lopez, Zazy) (Entered: 11/23/2009)
2 Supplement Declaration of United States Attorney
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Nov. 23, 2009
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Nov. 23, 2009
PACER
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20
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NOTICE by United States of America of Appearance by Samuel R. Bagenstos (Hart, Charles) (Entered: 12/04/2009)
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Dec. 4, 2009
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Dec. 4, 2009
PACER
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21
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REPLY/RESPONSE to re 19 Response in Opposition to Motion filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 12/07/2009)
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Dec. 7, 2009
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Dec. 7, 2009
PACER
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22
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ORDER GRANTING page extension request. Signed by William M. Skretny U.S.D.J. on 12/7/2009. (MEAL) (Entered: 12/08/2009)
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Dec. 8, 2009
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Dec. 8, 2009
PACER
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23
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Minute Entry for proceedings held before William M. Skretny U.S.D.J.: Oral Argument held on 12/16/2009 on Defendants' 13 Motion to Dismiss the Complaint. Court reserves decision. For the pltf. - Samuel R. Bagenstos, Mary Roach, Zazy Ivonne Lopez. For the defts. - Cheryl Green, Kristin Klein Wheaton. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 12/20/2009)
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Dec. 16, 2009
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Dec. 16, 2009
PACER
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24
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 16, 2009, before Judge William M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/11/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/21/2010. (DLC) (Entered: 01/21/2010)
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Jan. 21, 2010
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Jan. 21, 2010
PACER
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25
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MOTION to Expedite Discovery by United States of America.(Lareau, Alyssa) (Entered: 02/04/2010)
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Feb. 4, 2010
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Feb. 4, 2010
PACER
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26
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MOTION to Expedite Discovery, Memorandum in Support by United States of America.(Lareau, Alyssa) (Entered: 02/04/2010)
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Feb. 4, 2010
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Feb. 4, 2010
PACER
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27
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MOTION to Expedite Discovery, Declaration of Aaron Fleisher by United States of America. (Attachments: # 1 Exhibit Proposed Interrogatories, # 2 Exhibit Proposed Document Requests, # 3 Exhibit Proposed Request for Entry and Inspection)(Lareau, Alyssa) (Entered: 02/04/2010)
2 Exhibit Proposed Interrogatories
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3 Exhibit Proposed Document Requests
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4 Exhibit Proposed Request for Entry and Inspection
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Feb. 4, 2010
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Feb. 4, 2010
PACER
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28
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MOTION to Expedite Discovery, Declaration of Lindsay M. Hayes by United States of America. (Attachments: # 1 Exhibit Curriculum Vitae of Lindsay M. Hayes, # 2 Exhibit List of Documents Reviewed)(Lareau, Alyssa) (Entered: 02/04/2010)
2 Exhibit Curriculum Vitae of Lindsay M. Hayes
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3 Exhibit List of Documents Reviewed
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Feb. 4, 2010
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Feb. 4, 2010
PACER
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29
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MOTION to Expedite Discovery by United States of America.(Lareau, Alyssa) (Entered: 02/05/2010)
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Feb. 5, 2010
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Feb. 5, 2010
PACER
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30
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Memorandum in Support to expedite by United States of America.(Lareau, Alyssa) Modified on 2/17/2010 (DLC). (Entered: 02/05/2010)
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Feb. 5, 2010
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Feb. 5, 2010
PACER
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31
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TEXT SCHEDULING ORDER on Plaintiff's 29 Motion to Expedite Discovery. Response due by 2/23/2010. Reply due by 2/26/2010. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 2/16/2010. (MEAL) (Entered: 02/17/2010)
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Feb. 17, 2010
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Feb. 17, 2010
PACER
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32
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DECLARATION signed by Robert A. Koch, Jr. re 29 MOTION to Expedite Discovery, 25 MOTION to Expedite Discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in opposition to the DOJ's motion to expedite discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - Suicide Screening Policy, # 2 Exhibit B - Training materials, # 3 Exhibit C - Constant Observation policy, # 4 Exhibit D - Technical Assistance Report, # 5 Exhibit E - NCCHC standards on suicide prevention)(Wheaton, Kristin) (Entered: 02/23/2010)
2 Exhibit A - Suicide Screening Policy
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3 Exhibit B - Training materials
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4 Exhibit C - Constant Observation policy
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5 Exhibit D - Technical Assistance Report
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6 Exhibit E - NCCHC standards on suicide prevention
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Feb. 23, 2010
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Feb. 23, 2010
PACER
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33
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DECLARATION signed by Cheryl A. Green re 29 MOTION to Expedite Discovery, 25 MOTION to Expedite Discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in opposition to the DOJ's motion to expedite discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 02/24/2010)
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Feb. 23, 2010
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Feb. 23, 2010
PACER
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34
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MEMORANDUM in Opposition re 29 MOTION to Expedite Discovery, 30 MOTION to Expedite Discovery, Memorandum in Support, 25 MOTION to Expedite Discovery, 28 MOTION to Expedite Discovery, Declaration of Lindsay M. Hayes, 26 MOTION to Expedite Discovery, Memorandum in Support, 27 MOTION to Expedite Discovery, Declaration of Aaron Fleisher filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 02/24/2010)
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Feb. 24, 2010
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Feb. 24, 2010
PACER
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35
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ORDER GRANTING Plaintiff's page extension request. Signed by William M. Skretny, Chief Judge U.S.D.C. on 2/25/2010. (MEAL) (Entered: 02/26/2010)
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Feb. 26, 2010
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Feb. 26, 2010
PACER
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36
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REPLY to Response to Motion re 29 MOTION to Expedite Discovery filed by United States of America. (Hart, Charles) (Entered: 02/26/2010)
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Feb. 26, 2010
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Feb. 26, 2010
PACER
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37
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DECLARATION signed by Zazy I. Lopez re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hart, Charles) (Entered: 02/26/2010)
2 Exhibit A
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3 Exhibit B
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Feb. 26, 2010
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Feb. 26, 2010
PACER
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38
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DECLARATION signed by Lindsay M. Hayes re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Hart, Charles) (Entered: 02/26/2010)
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Feb. 26, 2010
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Feb. 26, 2010
PACER
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39
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DECLARATION signed by James E. Lawrence re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Attachments: # 1 Exhibit 1)(Hart, Charles) (Entered: 02/26/2010)
2 Exhibit 1
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Feb. 26, 2010
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Feb. 26, 2010
PACER
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40
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REPLY to Response to Motion re 29 MOTION to Expedite Discovery filed by United States of America. (Lopez, Zazy) (Entered: 03/01/2010)
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March 1, 2010
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March 1, 2010
PACER
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41
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MOTION for Leave to File Supplemental Declaration by United States of America. (Attachments: # 1 Proposed Declaration of Zazy I. Lopez)(Lopez, Zazy) (Entered: 03/04/2010)
2 Proposed Declaration of Zazy I. Lopez
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March 4, 2010
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March 4, 2010
PACER
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42
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DECISION AND ORDER GRANTING the Justice Department's 29 Motion for Expedited Discovery; DIRECTING the defendants to respond to the [27-2] First Set of Interrogatories within 14 days of service; DIRECTING the defendants to respond to the [27-3] First Request for Production of Documents within 14 days of service; DIRECTING the defendants to respond to the [27-4] First Request for Entry and Inspection within 14 days of service; DIRECTING the defendants to permit the Justice Department's attorneys and consultants to enter and inspect the ECHC on March 22 and 23, 2010, for the purposes stated in the [27-4] First Request for Entry and Inspection; GRANTING the Justice Department's 41 Motion to File a Supplemental Declaration. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/6/2010. (MEAL) (Entered: 03/06/2010)
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March 6, 2010
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March 6, 2010
PACER
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43
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MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lopez, Zazy) (Entered: 03/11/2010)
2 Memorandum in Support
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3 Text of Proposed Order
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March 11, 2010
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March 11, 2010
PACER
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44
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DECLARATION signed by Zazy I. Lopez re 43 MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lopez, Zazy) (Entered: 03/11/2010)
2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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March 11, 2010
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March 11, 2010
PACER
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45
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MOTION to Expedite Hearing of Motion to Compel (Docket No. 43) by United States of America.(Lopez, Zazy) (Entered: 03/11/2010)
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March 11, 2010
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March 11, 2010
PACER
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46
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MOTION for Protective Order and for a FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/12/2010)
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March 12, 2010
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March 12, 2010
PACER
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47
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AFFIDAVIT re 46 MOTION for Protective Order and for a FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - County Response to FRCP 34 Noticeo of Entry and Inspection, # 2 Exhibit B - Consent Decree from Carey case)(Wheaton, Kristin) (Entered: 03/12/2010)
2 Exhibit A - County Response to FRCP 34 Noticeo of Entry and Inspection
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3 Exhibit B - Consent Decree from Carey case
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March 12, 2010
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March 12, 2010
PACER
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48
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MEMORANDUM IN SUPPORT re 47 Affidavit, 46 MOTION for Protective Order and for a FRCP 16 conference byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/12/2010)
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March 12, 2010
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March 12, 2010
PACER
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49
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MOTION to Expedite Hearing under Local Rule 7.1(d) on Motion for Protective Order and for FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/12/2010)
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March 12, 2010
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March 12, 2010
PACER
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50
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RESPONSE to Motion re 46 MOTION for Protective Order and for a FRCP 16 conference filed by United States of America. (Lopez, Zazy) (Entered: 03/15/2010)
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March 15, 2010
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March 15, 2010
PACER
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51
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DECLARATION signed by Zazy I. Lopez re 43 MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order filed by United States of America (Supplemental). (Attachments: # 1 Text of Proposed Order)(Lopez, Zazy) (Entered: 03/15/2010)
2 Text of Proposed Order
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March 15, 2010
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March 15, 2010
PACER
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52
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DECLARATION signed by Cheryl A. Green re 51 Declaration, 50 Response to Motion filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in further support of the defendants motion for a protective order filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - Newspaper article)(Wheaton, Kristin) (Entered: 03/16/2010)
2 Exhibit A - Newspaper article
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March 16, 2010
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March 16, 2010
PACER
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53
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REPLY/RESPONSE to re 51 Declaration, 50 Response to Motion reply memorandum of law on behalf of the defendants filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/16/2010)
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March 16, 2010
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March 16, 2010
PACER
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54
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DECISION AND ORDER GRANTING the parties' 45 49 Motions to Expedite; GRANTING in part and DENYING in part the Justice Department's 43 Motion to Compel; GRANTING in part and DENYING in part the Defendants' 46 Motion for Protective Order. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/17/2010. (MEAL) (Entered: 03/17/2010)
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March 17, 2010
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March 17, 2010
RECAP
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55
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TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Judge William M. Skretny on 3/17/2010. (JCD) (Entered: 03/17/2010)
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March 17, 2010
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March 17, 2010
PACER
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56
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MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/18/2010)
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March 18, 2010
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March 18, 2010
PACER
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57
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AFFIDAVIT re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/18/2010)
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March 18, 2010
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March 18, 2010
PACER
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58
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MEMORANDUM IN SUPPORT re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/18/2010)
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March 18, 2010
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March 18, 2010
PACER
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59
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MOTION to Expedite Hearing on Motion for Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/18/2010)
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March 18, 2010
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March 18, 2010
PACER
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60
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TEXT ORDER. IT HEREBY IS ORDERED THAT Defendants' 59 Motion to Expedite its 56 Motion to Stay is GRANTED. Plaintiff shall file its response to Defendants' 56 Motion to Stay by 10:00 a.m. on March 19, 2010, at which time the motion will be taken under advisement. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 3/18/2010. (MEAL) (Entered: 03/18/2010)
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March 18, 2010
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March 18, 2010
PACER
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61
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MEMORANDUM in Opposition re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay filed by United States of America. (Lopez, Zazy) (Entered: 03/19/2010)
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March 19, 2010
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March 19, 2010
PACER
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62
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DECISION AND ORDER DENYING Defendants' 56 Motion to Stay. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/19/2010. (MEAL) (Entered: 03/19/2010)
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March 19, 2010
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March 19, 2010
RECAP
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63
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Rule 16 Conference re: facility inspections and interviews held on 3/19/2010. Participants: Mary Pat Fleming/Mary Roach for Plaintiff; Aaron Saul Fleisher, Zazy Ivonne Lopez, Daniel H. Weiss (via telephone) for Plaintiff; Cheryl Green/Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 03/19/2010)
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March 19, 2010
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March 19, 2010
PACER
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64
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference re dispute held on 3/22/2010. Participants: Mary Pat Fleming, Daniel H. Weiss for Plaintiff; Cheryl A. Green, Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 03/22/2010)
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March 22, 2010
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March 22, 2010
PACER
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65
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MEMORANDUM in Opposition re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay filed by United States of America. (Lopez, Zazy) (Entered: 03/25/2010)
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March 25, 2010
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March 25, 2010
PACER
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66
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ORDER OF PRELIMINARY PRETRIAL CONFERENCE set for 4/23/2010 at 02:30 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 3/26/10. (DAZ) (Entered: 03/29/2010)
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March 26, 2010
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March 26, 2010
PACER
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67
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Joint motion to extend the deposition and notice deadlines of Judge Skretny's March 17, 2010 Decision and Order (Zazy I. Lopez) (Filed at the request of Hon. Jeremiah J. McCarthy). (DAZ) (Entered: 03/30/2010)
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March 30, 2010
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March 30, 2010
PACER
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68
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ORDER granting 67 Joint Motion to extend the deposition and notice deadlines of Judge Skretny's March 17, 2010 Decision and Order. Signed by Hon. Jeremiah J. McCarthy on 3/30/10. (DAZ) (Entered: 03/30/2010)
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March 30, 2010
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March 30, 2010
PACER
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69
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Parties' joint motion to adjourn the Preliminary Pretrial Conference (Zazy I. Lopez)(Filed at the request of Hon. Jeremiah J. McCarthy). (DAZ) (Entered: 04/01/2010)
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April 1, 2010
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April 1, 2010
PACER
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70
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TEXT ORDER : The parties' motion to adjourn the preliminary pretrial conference 69 is GRANTED. The April 23, 2010 preliminary pretrial conference is converted to a status conference. The parties may still participate via telephone by providing the court with telephone numbers where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/1/10. (DAZ) (Entered: 04/01/2010)
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April 1, 2010
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April 1, 2010
PACER
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71
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NOTICE by United States of America of Appearance by Luis E. Saucedo (Hart, Charles) (Entered: 04/19/2010)
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April 19, 2010
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April 19, 2010
PACER
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72
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re discovery issues held on 4/23/2010. Participants: Mary Pat Fleming, Luis Saucedo and Zazy Lopez for Plaintiff; Cheryl Green and Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 04/23/2010)
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April 23, 2010
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April 23, 2010
PACER
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73
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TEXT ORDER : A further status conference will be held on May 4, 2010 at 11:00 am. The parties may participate by telephone upon prior notice to chambers. By May 3, 2010, the parties will submit a joint or separate proposals for mediation, including the scope of the mediation and suggestions as to the mediator. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/26/10. (DAZ) (Entered: 04/26/2010)
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April 26, 2010
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April 26, 2010
PACER
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74
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 19, 2010, before Judge Jeremiah McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843-723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/21/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/29/2010. (DLC) (Entered: 04/30/2010)
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April 30, 2010
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April 30, 2010
PACER
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75
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 23, 2010, before Judge Jeremiah McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843-723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/21/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/29/2010. (DLC) (Entered: 04/30/2010)
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April 30, 2010
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April 30, 2010
PACER
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76
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re mediation issues held on 5/4/2010. Participants: Mary Pat Fleming (in person), Zazy Ivonne Lopez and Luis E. Saucedo (via telephone) for plaintiff; Cheryl A. Green and Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 05/04/2010)
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May 4, 2010
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May 4, 2010
PACER
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77
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TEXT ORDER : In accordance with today's proceeding, this case is referred for expedited mediation on the issue of suicide prevention, as well as mental health treatment to the extent it relates to suicide prevention. This referral is without prejudice to the other issues in the case being mediated at a later time. The parties agree that: 1) by May 7, 2010 at 12:00 p.m. they shall advise the court of a mutually agreeable mediator, or if they are unable to reach agreement, they shall submit their proposed mediators (including their availability), and the court will thereafter designate a mediator; 2) by May 14, 2010 at 5:00 p.m. they shall submit their initial mediation statements to the mediator; 3) subject to the mediator's availability, the initial mediation session will occur on May 18-19, 2010; 4) to the extent the Second Circuit has addressed the deliberate indifference standard applicable to this case, such authority will control for purposes of the mediation; 5) the mediation process will conclude by May 28, 2010 at 5:00 p.m.; and 6) a further status conference is set for June 1, 2010 at 1:30 p.m. before Hon. Jeremiah J. McCarthy. Out of town counsel may participate by telephone. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/4/10. (DAZ) (Entered: 05/04/2010)
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May 4, 2010
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May 4, 2010
PACER
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78
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ORDER DESIGNATING MEDIATOR. Amy Glass, Esq. is designated as Mediator in this case. Mediation schedule as specified. Signed by William M. Skretny, Chief Judge U.S.D.C. on 5/11/2010. (MEAL) (Entered: 05/11/2010)
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May 11, 2010
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May 11, 2010
PACER
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79
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TEXT ORDER : The June 1, 2010 status conference before Hon. Jeremiah J. McCarthy is rescheduled from 1:30 p.m. to 4:30 p.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/27/10. (DAZ) (Entered: 05/27/2010)
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May 27, 2010
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May 27, 2010
PACER
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80
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Mediation Certification by Amy Glass(JMS) (Entered: 06/01/2010)
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June 1, 2010
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June 1, 2010
PACER
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81
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re discovery issues held on 6/1/2010. Mediation unsuccessful. Parties to submit joint or separate proposed case management deadlines by 6/9/10. Status/Scheduling Conference set for 6/16/2010 at 02:00 PM before Hon. Jeremiah J. McCarthy. Participants: Mary Pat Fleming, Zazy Ivonne Lopez, Regina Jansen (via telephone) for plaintiff and Cheryl A. Green for defendant. (DAZ) (Entered: 06/02/2010)
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June 1, 2010
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June 1, 2010
PACER
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82
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TEXT ORDER: The parties shall confer pursuant to Fed. R. Civ. P. 26(f) and submit a joint or separate proposed case management orders by June 9, 2010. The preliminary pretrial conference is set for June 16, 2010 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. The parties may participate via telephone by providing the court with telephone numbers where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/2/10. (DAZ) (Entered: 06/02/2010)
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June 2, 2010
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June 2, 2010
PACER
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83
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MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 06/11/2010)
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June 11, 2010
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June 11, 2010
PACER
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84
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DECLARATION signed by Kristin Klein Wheaton re 83 MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - May 28 adn June 4 interrogatories, # 2 Exhibit B - May 28 and June 24 Document demands, # 3 Exhibit C - May 28 and June 4 Demand for Expert disclosure, # 4 Exhibit D - May 28 and June 4 notices for deposition of experts)(Wheaton, Kristin) (Entered: 06/11/2010)
2 Exhibit A - May 28 adn June 4 interrogatories
View on PACER
3 Exhibit B - May 28 and June 24 Document demands
View on PACER
4 Exhibit C - May 28 and June 4 Demand for Expert disclosure
View on PACER
5 Exhibit D - May 28 and June 4 notices for deposition of experts
View on PACER
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June 11, 2010
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June 11, 2010
PACER
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85
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MEMORANDUM IN SUPPORT re 84 Declaration,, 83 MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 06/11/2010)
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June 11, 2010
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June 11, 2010
PACER
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86
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ORDER GRANTING Plaintiff's request for an extension of the page limitation. Signed by William M. Skretny, Chief Judge U.S.D.C. on 6/14/2010. (MEAL) (Entered: 06/14/2010)
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June 14, 2010
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June 14, 2010
PACER
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87
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TEXT ORDER : At the parties' request, tomorrow's preliminary pretrial conference 82 is rescheduled to June 18, 2010 at 2:00 p.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/14/10. (DAZ) (Entered: 06/15/2010)
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June 15, 2010
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June 15, 2010
PACER
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88
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 1, 2010, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/8/2010. Redacted Transcript Deadline set for 7/19/2010. Release of Transcript Restriction set for 9/15/2010. (DLC) (Entered: 06/17/2010)
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June 17, 2010
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June 17, 2010
PACER
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89
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MOTION for Settlement on Suicide Prevention and Related Mental Health Care by United States of America. (Attachments: # 1 Stipulated Settlement Agreement)(Lopez, Zazy) (Entered: 06/18/2010)
2 Stipulated Settlement Agreement
View on PACER
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June 18, 2010
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June 18, 2010
PACER
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93
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Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 6/18/2010 on order approving settlement. Counsel to submit a 3rd order with compromise language. For the pltf. - Charles Hart, Luis Saucedo -- by telephone, Mary Pat Fleming. For the defts. - Cheryl Green, Kristin Klein Wheaton. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 06/22/2010)
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June 18, 2010
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June 18, 2010
PACER
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90
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re CMO deadlines held on 6/18/2010. Participants: Mary Pat Fleming (in person), Charles W. Hart, Jr., Zazy Ivonne Lopez and Luis E. Saucedo (via telephone) for plaintiff; Kristin Klein Wheaton and Cheryl A. Green for Defendants. (DAZ) (Entered: 06/18/2010)
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June 18, 2010
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June 18, 2010
PACER
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92
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CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 10/5/11, Dispositive motions due by 12/7/11, Pretrial Statements due by 12/21/11, Final Pretrial Conference set for 1/25/12 at 09:00 a.m. before Hon. William M. Skretny, U.S.D.J., Jury Selection set for 3/27/12 at 9:30 a.m. with Jury Trial thereafter set for 09:00 a.m. before Hon. William M. Skretny, U.S.D.J. Status Conference set for 7/21/2010 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 6/21/10. (DAZ) (Entered: 06/22/2010)
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June 21, 2010
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June 21, 2010
PACER
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91
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ORDER APPROVING STIPULATED SETTLEMENT AGREEMENT CONCERNING SUICIDE PREVENTION AND RELATED MENTAL HEALTH ISSUES. Signed by William M. Skretny, Chief Judge U.S.D.C. on 6/22/2010. (MEAL) (Entered: 06/22/2010)
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June 22, 2010
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June 22, 2010
RECAP
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94
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DECISION AND ORDER DENYING Defendants' 13 Motion to Dismiss; DIRECTING the Justice Department to file an amended complaint within 14 days of the filing date of this Decision and Order; DIRECTING the Defendants to file answers to or otherwise move against the amended complaint within 14 days of its filing. Signed by William M. Skretny, Chief Judge U.S.D.C. on 7/9/2010. (MEAL) (Entered: 07/09/2010)
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July 9, 2010
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July 9, 2010
RECAP
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95
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TEXT ORDER. IT HEREBY IS ORDERED THAT, in light of the parties' 89 91 settlement concerning suicide and related mental health issues, Defendants' 83 Motion for Expedited Discovery on those issues is DENIED as moot. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/9/2010. (MEAL) (Entered: 07/12/2010)
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July 12, 2010
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July 12, 2010
PACER
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96
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Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/21/2010. Participants: Mary Pat Fleming (in person), Zazy Lopez, Aaron Saul Fleisher, Charles W. Hart, Jr. (via telephone) for Plaintiff; Cheryl Green and Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 07/22/2010)
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July 21, 2010
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July 21, 2010
PACER
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97
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AMENDED COMPLAINT against all defendants, filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lopez, Zazy) (Entered: 07/23/2010)
2 Exhibit A
View on RECAP
3 Exhibit B
View on RECAP
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July 23, 2010
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July 23, 2010
PACER
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98
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MOTION Access to Documents Pursuant to Stipulated Settlement by United States of America. (Attachments: # 1 Memorandum in Support of Motion for Access Pursuant to Stipulated Settlement)(Lareau, Alyssa) (Entered: 08/04/2010)
2 Memorandum in Support of Motion for Access Pursuant to Stipulated Settlement
View on PACER
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Aug. 4, 2010
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Aug. 4, 2010
PACER
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99
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MOTION to Expedite Hearing by United States of America.(Lareau, Alyssa) (Entered: 08/04/2010)
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Aug. 4, 2010
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Aug. 4, 2010
PACER
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100
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MOTION to Seal Document by United States of America. (Attachments: # 1 Text of Proposed Order)(Lareau, Alyssa) (Entered: 08/04/2010)
2 Text of Proposed Order
View on PACER
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Aug. 4, 2010
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Aug. 4, 2010
PACER
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