Case: Barnet v. Allsbrook

Complaint filed − alleges conditions of confinement at Odom Corr. Ctr. violation of constitutional rights; seeks injunctive relief (gm) (Entered: 09/07/1989)

Motion by Grady Eugene Coleman, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Motion by Larry Carter, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Motion by Harold E. McSwain, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Motion by Lee Wayne Hunt, to proceed in forma pauperis (gm) (Entered: 09/07/1989)

Trust Fund Account received from D.O.C. for pltf Hunt (gm) (Entered: 09/28/1989)

Trust Fund Account received from D.O.C. for pltf Carter (gm) (Entered: 09/28/1989)

Trust Fund Account received from D.O.C. for pltf McSwain (gm) (Entered: 09/28/1989)

Trust Fund Account received from D.O.C. for pltf Coleman (gm) (Entered: 09/28/1989)

Order Requiring Payment of Filing Fee signed by Leonard, Clerk, OB#55,pg16 and, to proceed in forma pauperis upon payment of filing fee of $120.00. (pm) (Entered: 10/13/1989)

Order Requiring Payment of Filing Fee signed by Leonard, Clerk, OB#55,pg16 and, setting Filing Fee Due for 11/15/89 , fee due of $120.00. (pm) (Entered: 10/13/1989)

Motion by Grady Eugene Coleman, to extend time to respond to court filing fee (pm) (Entered: 10/31/1989)

Order granting [5−1] motion to extend time to respond to court filing fee, and resetting Filing Fee $120 Due for 11/30/89 signed by Leonard, Clerk by Moore−Dade, Deputy Clerk. (pm) (Entered: 10/31/1989)

Received filing fee payment of $30.00 from Lee W. Hunt. Receipt No. 80524 (gm) (Entered: 11/14/1989)

Received filing fee payment of $30.00 from Larry Carter. Receipt No. 80523. (gm) (Entered: 11/14/1989)

Received filing fee payment on behalf of Coleman and McSwain. Receipt No. 80587 (gm) (Entered: 11/17/1989)

Notice of attorney appearance for Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt by Linda Beth Weisel, Judith Thomas Naef (pm) (Entered: 11/20/1989)

Terminated all motions to proceed in forma pauperis (gm) (Entered: 02/08/1990)

Summons(es) issued to US Magistrate's Office for service as to Harry L. Allsbrook, Joseph R. Davis, cc to counsel and pltfs w/mag. consent ltr. (pm) (Entered: 11/20/1989)

Return of service executed by cert. mail as to Harry L. Allsbrook 11/27/89 Answer due on 12/18/89 for Harry L. Allsbrook (gm) (Entered: 12/01/1989)

Return of service unexecuted as to Joseph R. Davis. Endeavored 11/21/89 − Post Office Returned − Subject Deceased (gm) (Entered: 12/01/1989)

Order granting [10−1] motion to extend time to answer, move, or otherwise plead, and resetting answer due for 1/8/90 for Harry L. Allsbrook signed by Leonard, Clerk by McDowell, Deputy Clerk. (gm) (Entered: 12/15/1989)

Motion by Harry L. Allsbrook, to further extend time to answer, move, or otherwise plead (gm) (Entered: 01/09/1990)

Order granting [12−1] motion to further extend time to answer, move, or otherwise plead, and resetting answer due for 1/29/90 for Harry L. Allsbrook signed by Mag. Leonard. (gm) (Entered: 01/09/1990)

Answer to Complaint by Harry L. Allsbrook (gm) (Entered: 01/31/1990)

Motion by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt, to certify class action (gm) (Entered: 02/07/1990)

Memorandum by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt in support of [15−1] motion to certify class action (gm) (Entered: 02/07/1990)

Motion by Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt, to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D (gm) (Entered: 02/07/1990)

Motion by Harry L. Allsbrook, Joseph R. Davis, to extend time within which to respond to plaintiff's motion for consolidation (original filed in 88−703−CRT−BR) (gm) (Entered: 02/23/1990)

Motion by Harry L. Allsbrook, to extend time within which to respond to plaintiff's motion for class certification (gm) (Entered: 02/23/1990)

Order granting [19−1] motion to extend time within which to respond to plaintiff's motion for class certification, and Response to motion reset to 3/30/90 for [15−1] motion to certify class action signed by Mag. Leonard. (gm) (Entered: 02/27/1990)

Order granting [18−1] motion to extend time within which to respond to plaintiff's motion for consolidation, and Response to motion reset to 3/30/90 for [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D signed by Mag. Leonard. (original filed in 88−703−CRT−BR (gm) (Entered: 02/27/1990)

Motion by Harry L. Allsbrook, to further extend time to respond to plaintiffs' motion for class certification (gm) (Entered: 03/27/1990)

Motion by Harry L. Allsbrook, to further extend time within which to respond to plaintiffs' motion for consolidation (original filed in 88−703−CRT−BR) (gm) (Entered: 03/27/1990)

Order granting [23−1] motion to further extend time within which to respond to plaintiffs' motion for consolidation, and Response to motion reset to 4/30/90 for [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D signed by Mag. Leonard. (original filed in 88−703−CRT−BR) (gm) (Entered: 03/28/1990)

Order granting [22−1] motion to further extend time to respond to plaintiffs' motion for class certification, and Response to motion reset to 4/30/90 for [15−1] motion to certify class action signed by Mag. Leonard. (gm) (Entered: 03/28/1990)

Response by Harry L. Allsbrook to [15−1] motion to certify class action (gm) (Entered: 04/26/1990)

Agreed Order signed by counsel for both parties received (gm) (Entered: 04/26/1990)

Response by Harry L. Allsbrook to [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D (original filed in 88−703−CRT−BR) (gm) (Entered: 04/27/1990)

Order granting [17−1] motion to consolidate 89−705−CRT−BO, 88−703−CRT−BR and 89−248−D for purposes of discovery; plaintiffs may renew their motion to consolidate for purposes of pretrial proceedings and trial, defendant shall have 20 days after the renewal of plaintiffs' motion within which to respond signed by Judge Britt. OB Ref: 58, pg. 222 (original filed in 88−703−CRT−BR) cc to NCPLS and NCAG (gm) (Entered: 06/12/1990)

Agreed Order certifying this action as a class action, pertaining to the original complex at Odom Correctional Inst., in Jackson, NC,; pltf consists of all persons who are and will be confined in Dormitories 1A, 1B, 1C, 1D, 2A, 2B, 2C, 2D, 3A, 3B, 3C, 3D, and 3E located in "original complex" at Odom, granting [15−1] motion to certify class action signed by Judge Boyle. OB Ref: 58, pg 253 (pm) (Entered: 06/20/1990)

Motion by Harry L. Allsbrook, for protective order (original filed in 88−703−CRT−BR) (gm) (Entered: 08/08/1990)

Motion(s) submitted to Judge Britt: [30−1] motion for protective order with proposed discovery protective order (gm) (Entered: 08/08/1990)

Discovery Protective Order (granting [30−1] motion for protective order) by consent signed by Judge Britt. OB Ref: 59, pg. 141 (original filed in 88−703−CRT−BR) cc to NCPLS and NCAG (gm) (Entered: 08/09/1990)

Motion by Harry L. Allsbrook, for leave to take depositions (original filed 88−703−CRT−BR) (gm) (Entered: 09/28/1990)

Order granting [32−1] motion for leave to take depositions of Russell J. Tozzi and Lester Barnett, Jr. at 10:00 am on Thursday, October 11, 1990 at Central Prison signed by Mag. Leonard. OB Ref: 60, pg. 76 (Original filed in 88−703−CRT−BR) cc to all counsel (gm) (Entered: 10/01/1990)

Motion, for Judith Naef NCPLS to withdraw as attorney original filed in 88−703−CRT−BR (fs) (Entered: 05/01/1991)

Notice of attorney appearance for Grady Eugene Coleman, Larry Carter, Harold E. McSwain, Lee Wayne Hunt by Jack Holtzman original filed in 88−703−CRT−BR (fs) (Entered: 05/01/1991)

Order granting [34−1] motion for Judith Naef NCPLS to withdraw as attorney (Terminated attorney Judith Thomas Naef for Lee Wayne Hunt, attorney Judith Thomas Naef for Harold E. McSwain, attorney Judith Thomas Naef for Larry Carter, attorney Judith Thomas Naef for Grady Eugene Coleman signed by Leonard, Magistrate Judge. OB Ref: 63, pg 64 (cs) (Original of order in case file #88−703−CRT−BR) (pm) (Entered: 05/08/1991)

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter for clarification and for possible re−appointment of counsel cc to NCPLS (gm) (Entered: 12/13/1991)

Letter from NC Attorney General's Office re: report on prospects of settlement of class action (gm) (Entered: 12/30/1991)

Response by NCPLS to [37−1] motion for clarification, [37−2] motion for possible re−appointment of counsel (gm) (Entered: 12/30/1991)

Reply by Larry Carter, Harold E. McSwain, Lee Wayne Hunt to response to [37−1] motion for clarification, [37−2] motion for possible re−appointment of counsel (entitled "Response to counsels response motion for clarification and possible reappointment") cc to NCPLS &NCAG (gm) (Entered: 12/30/1991)

Motion(s) submitted to Judge Boyle: [37−1] motion for clarification submitted, [37−2] motion for possible re−appointment of counsel submitted (gm) (Entered: 01/09/1992)

Motion by Cecil Piggie Bey for writ of habeas corpus ad testificandum (gm) (Entered: 02/19/1992)

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Larry Carter in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Correctional Center (gm) (Entered: 02/19/1992)

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Harold E. McSwaim in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr. (gm) (Entered: 02/19/1992)

WRIT of Habeas Corpus Ad Testificandum issued to produce Lee Wayne Hunt in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr. (gm) (Entered: 02/19/1992)

Motion(s) submitted to Judge Boyle: [41−1] motion for writ of habeas corpus ad testificandum submitted (gm) (Entered: 02/19/1992)

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Cecil Piggie−Bey in Raleigh on 2/26/92 at 2:45 pm cc to Peggy Parrish and Supt. Odom Corr. Ctr (gm) (Entered: 02/20/1992)

Terminated motion to issue writ of habeas corpus ad testificandum for Cecil Piggie Bey (gm) (Entered: 03/05/1992)

Motion hearing re: [37−1] motion for clarification Motion hearing held, [37−2] motion for possible re−appointment of counsel Motion hearing held before Judge Boyle. Court Reporter: Jo Bush Counsel for plaintiff: Jack Holtzman Plaintiffs present: Larry Carter and Cecil Piggie−Bey Counsel for defendants: Howard Hill Case to be place on calendar in 60 days. Time: 1 hour 15 minutes (gm) (Entered: 02/27/1992)

Issued Revised Calendar of Pre−trial conference set at 10:00 am in Raleigh, 6th Floor Courtroom 4/13/92 before Magistrate Judge Wallace W. Dixon (gm) (Entered: 02/28/1992)

Bench trial set at 10:00 am in Raleigh on 4/27/92 before Judge Terrence W. Boyle (gm) (Entered: 02/28/1992)

Order denying [37−2] motion for possible re−appointment of counsel, denying [37−1] motion for clarification and a hearing on the motion for preliminary injunction will be held approximately sixty days from the entry of this order at the court's next available calendar term signed by Judge Boyle. OB Ref: 69, pg. 1 cc to all counsel &pltfs Bey and Carter (gm) (Entered: 03/05/1992)

Issued Notice of Hearing: continuing pre−trial and trial until further notice cc to all counsel (gm) (Entered: 03/05/1992)

Issued Notice of Hearing: setting miscellaneous hearing before Judge Terrence W. Boyle to 2:00 pm in Raleigh on 4/29/92 for [46−1] order a hearing on the motion for preliminary injunction (gm) (Entered: 03/09/1992)

Motion by Cecil Piggie−Bey and Kelvin Sellers−El for reconsideration of [46−1] order or in the alternative for leave to take an interlocutory appeal in forma pauperis (gm) Modified on 04/02/1992 (Entered: 04/02/1992)

Motion(s) submitted to Judge Boyle: [47−1] motion for reconsideration of [46−1] order submitted, [47−2] motion for leave to take an interlocutory appeal in forma pauperis submitted (gm) (Entered: 04/02/1992)

Order denying [47−1] motion for reconsideration of [46−1] order, denying [47−2] motion for leave to take an interlocutory appeal in forma pauperis signed by Judge Boyle. OB Ref: 69, pg. 212 cc to all counsel and pltfs Piggie−Bey and Sellers−El

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Harold E. McSwain on April 29, 1992 in Raleigh at 1:45 pm cc to Peggy Parrish, NCDOC and Supt. Odom Corr Ctr (gm) (Entered: 04/21/1992)

WRIT of Habeas Corpus Ad Testificandum issued to NCDOC to produce Lee Wayne Hunt in Raleigh on April 29, 1992 at 1:45 pm cc to Peggy Parrish, NCDOC and Supt. Odom Corr Ctr (gm) (Entered: 04/21/1992)

Case submitted to: Judge Boyle [0−0] notice hearing setting miscellaneous hearing before Judge Terrence W. Boyle to 2:00 pm in Raleigh on 4/29/92 for [46−1] order a hearing on the motion for preliminary injunction submitted (gm) (Entered: 04/22/1992)

Miscellaneous hearing re: [46−1] hearing on the motion for preliminary injunction held before Judge Boyle. Court Reporter: Donna Tomawski Counsel for plaintiff: Jack Holtzman and Michael Hamden Counsel for defendants: Howard Hill and James Peeler Smith Time: 2 hours and 45 minutes (gm) (Entered: 04/30/1992)

Miscellaneous hearing continued re: [46−1] hearing on the motion for preliminary injunction held before Judge Boyle. in Raleigh. Court Reporter: Donna Tomowski Counsel for plaintiff: Jack Holtzman and Michael Hamden Counsel for defendants: Howard Hill and James Peeler Smith motion for priliminary injunction denied Time: 45 minutes (gm) (Entered: 04/30/1992)

Motion by Larry Carter, Lee Wayne Hunt, Harold E. McSwain for reconsideration of the order of April 30, 1992 and for re−appointment of counsel cc to NCPLS &NCAG (gm) (Entered: 05/14/1992)

Order denying [52−1] motion for reconsideration of the order of April 30, 1992 denying [52−2] motion for re−appointment of counsel signed by Judge Boyle. OB Ref: #70,pg.108 cc to pltf (fdc) (Entered: 05/19/1992)

Document filed by defendant Joseph R. Davis, defendant Harry L. Allsbrook, plaintiff Lee Wayne Hunt, plaintiff Harold E. McSwain, plaintiff Larry Carter, plaintiff Grady Eugene Coleman titled: Report and Stipualtion Regarding Discovery (bl) (Entered: 12/09/1992)

Motion by Joseph R. Davis, Harry L. Allsbrook to Take Deposition (fdc) (Entered: 01/04/1993)

Order granting [55−1] motion to Take Deposition signed by Magistrate Judge Denson. OB Ref: #73,pg.215 cc to pltf &NCAG (fdc) (Entered: 01/04/1993)

Notice of Settlement Conference issued: set before J. Boyle for Mon., Feb. 22, 1993 at 10 am, Ral, NC C.R.#1; cys: J. Boyle, Susan Pollitt−NCPLS, Cindy Adcock−Steffey−NCPLS, James Peeler Smith−NCAG, CtRptr., J. Todd and C.R. Dpty. (bl) (Entered: 01/27/1993)

Response by Lee Wayne Hunt, Harold E. McSwain, Larry Carter to [57−1] motion for permission to dismiss class action − lc Judge Boyle. (fdc) (Entered: 02/17/1993)

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for permission to dismiss class action cy to J. Boyle (bl) (Entered: 02/10/1993)

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for judicial Tour &incorporated memorandum cy to J. Boyle (bl) (Entered: 02/10/1993)

Case submitted to: J. Boyle (bl) (Entered: 02/10/1993)

Order granting [59−1] motion for Consent Order Substituting Attys. signed by Daniel, Clerk. OB Ref: 74, p. 87; cy to NCPLS &NCAG (bl) Modified on 02/17/1993 (Entered: 02/11/1993)

Response by Joseph R. Davis, Harry L. Allsbrook to [58−1] motion for judicial Tour &incorporated memorandum, [57−1] motion for permission to dismiss class action; cy to J. Boyle (bl) Modified on 02/17/1993 (Entered: 02/17/1993)

Response by Larry Carter to [57−1] motion for permission to dismiss class action − lc Judge Boyle (fdc) (Entered: 02/17/1993)

Letter From: Larry Carter Re: Additional Information about sittuaton concerning case. (fdc) (Entered: 03/03/1993)

Order, parties are directed to submit proposed arrangements for the tour, including the scope of the court's inspection, once these recommendatoins are received, the court will set the time and circumstances under which the visit will occur signed by Judge Boyle. OB Ref: #74,pg.147 cc to pltf &counsel. (fdc) (Entered: 02/24/1993)

Settlement Conference held; CtRptr. Donna Tomawski; counsel present: Jane Garvey &Jim Smith, NCAG − Marvin Sparrow &Cindy Adcock−Steffey, NCPLS; court allows pltf. to w/draw their motion to dismiss class action; court orders this case be set for pretrial and trial; (bl) (Entered: 02/25/1993)

Motion by Lee Wayne Hunt, Harold E. McSwain, Larry Carter, Grady Eugene Coleman for Judicial Tour and Incorporated Memorandum w/ prop. order (bl) (Entered: 03/09/1993)

Motion(s) submitted to J. Boyle: [64−1] motion for Judicial Tour and Incorporated Memorandum submitted (bl) (Entered: 03/09/1993)

Response by Joseph R. Davis, Harry L. Allsbrook to [64−1] motion for Judicial Tour and Incorporated Memorandum; cy to J. Boyle (bl) (Entered: 03/19/1993)

Order granting [64−1] motion for Judicial Tour and Incorporated Memorandum, granting [58−1] motion for judicial Tour &incorporated memorandum signed by Judge Boyle. OB Ref: #74, p. 332; served (bb) (Entered: 03/19/1993)

Order − a hrg. is set to evaluate the sufficiency of the settlement for 3 p.m. on 4/28/93 at Ral, NC, 7th Fl., CtRm. #1 before J. Boyle; signed by J. Boyle. OB Ref: 75, p. 102; cys: Jim Smith/Jane Garvey−NCAG, Marvin Sparrow/Susan Pollitt/ Cindy Adcock−Steffey, NCPLS (bl) (Entered: 04/05/1993)

Issued Notice for Hrg. for court to evaluate the sufficiency of the settlement for 3 pm on 4/28/93 at Ral, NC before J. Boyle, 7th Fl, CtRm. #1, cys: Jim Smith, Jane Garvey, Marvin Sparrow, Susan Pollitt, Cindy Adcock−Steffey, J. Todd, CTRptr. (bl) (Entered: 04/05/1993)

Hearing re: settlement before J. Boyle, CtRm. #1, RL, NC; CNSL PRESENT: Marvin Sparrow and Cindy Adcock−Steffey for pltf, Jane Garvey and Jim Smith for dfts. Remarks by Mr. Sparrow; he submits a written agreement to the court w/ prop. order. Order signed by the court and all cnsl. Mr. Sparrow advises the court that he wants the Secretary for DOC to also sign. Court agrees. (time approx 10 min.) (bl) (Entered: 04/29/1993)

Document filed by defendant Joseph R. Davis, defendant Harry L. Allsbrook, plaintiff Lee Wayne Hunt, plaintiff Harold E. McSwain, plaintiff Larry Carter, plaintiff Grady Eugene Coleman titled: SETTLEMENT AGREEMENT − signed by all cnsl and Sec. of Correction; cy to all cnsl (bl) (Entered: 05/05/1993)

Order − court orders that notice of this proposed settlement be given to the pltf. class as follows: That the attached "Notice of Proposed Settlement" be postedd in each dorm encompassed by this action beginning 5/3/93 thru 5/30/93. Court directs the clerk to compile any obj's. filed by members of the class, to make then available to the court by 6/14/93. The ct. will conduct a tour of the Orig. Complex Bldg. at Odom on 6/29/93 at 11 am. Pltf &Dft. may each have 2 lawyers attend the court tour. Court orders that cnsl. for all parties appear before the court on 7/27/93 for a hrg. re: approval of the proposed settlement; signed by J. Boyle. OB Ref: 76, p. 23; cy to all cnsl &J. Todd (bl) (Entered: 05/05/1993)