Case: Mason v. Granholm

5:05-cv-73943 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 13, 2005

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Case Summary

On October 13, 2005, current and former female prisoners filed a class-action lawsuit pursuant to 42 U.S.C. §§ 1981 and 1983 in the United States District Court for the Eastern District of Michigan against the Michigan Department of Corrections (MDOC). Plaintiffs were originally members of a certified class-action suit pending in Michigan state court, Neal v. MDOC, LC No. 96-006986-CZ. The Neal plaintiffs alleged violations of their state civil rights under the Michigan Elliott-Larsen Civil Rig…

Plaintiffs were originally members of a certified class-action suit pending in Michigan state court, Neal v. MDOC, LC No. 96-006986-CZ. The Neal plaintiffs alleged violations of their state civil rights under the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") for sexual abuse, discrimination and other gender-based degrading treatment by MDOC staff.

During the Neal litigation, an amendment to ELCRA was passed that excluded prisoners from the Act's protection against discrimination. M.C.L. §37.2102(1). On February 10, 2005, the Michigan Court of Appeals held that the claims of the Neal plaintiffs that arose after the effective date of the ELCRA amendment were no longer viable, as the amendment excluded prisoner claims from the Act's protection. Plaintiffs filed this action to challenge the constitutionality of the ELCRA amendment and to reassert their claims, now under 42 U.S.C. §§ 1981 and 1983. Plaintiffs sought injunctive and declaratory relief, monetary damages and class certification.

Following the filing of a first amended complaint, defendants moved to dismiss for failure to state a claim and for a more definite statement. The District Court (John Corbett O'Meara) denied those motions on May 15, 2006. On July 14, 2006, plaintiffs filed a motion for partial summary judgment, on the issue of the constitutionality of the ELCRA amendment. Defendants countered by filing a cross-motion for summary judgment. On January 23, 2007, the District Court granted plaintiffs' motion for partial summary judgment, holding that the ELCRA amendment violated the Equal Protection Clause of the Fourteenth Amendment. Defendants' cross-motion for summary judgment was denied. Mason v. Granholm, 2007 WL 201008. The Court denied a stay pending appeal, 2007 WL 734990 (Mar. 07, 2007).

The Defendants filed a notice of appeal, however, on July 26, 2007 the United States Court of Appeals for the Sixth Circuit dismissed the appeal, because the District Court had only granted partial, and not total, summary judgment.

On August 31, 2007, the District Court denied class certification, holding that both liability and damages were too individuated to be appropriate for class resolution. 2007 WL 2541769. The same day, the Court also granted two individual Defendants' motions for summary judgment, and dismissed them from the case, one because no named plaintiff had been housed at the facility he worked for, and another on statute of limitations grounds. 2007 WL 2541431. (The Court denied reconsideration two months later, 2007 WL 3121570 (Oct. 23, 2007).) On June 20, 2008, the court dismissed several other Defendants because the claims against them were barred by the statute of limitations. 2008 WL 2513904. In a similar ruling on September 25, 2008, the Court dismissed several plaintiffs for the same reason. 2008 WL 4387940.

On Defendants' motion, the Plaintiffs's claims under the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and other Cruel, Inhuman, or Degrading Punishment (CAT), were both dismissed on August 12, 2008: the District Court held that since neither was self-executing, and no implementing statute had been enacted, neither was "binding on this court." 2008 WL 3538981.

The case was set for trial in early 2009, but then that date was shifted to October 2009. Before that trial could be held, the matter settled. The settlement was entered in Neal v. Mich. Department of Corrections--it was for $100 million. In this case, on September 28, 2009, the parties agreed that the District Court's January 23, 2007 Opinion and Order declaring the amendment to ELCRA unconstitutional would be the final declaratory judgment, and that the parties would bear their own costs.

Summary Authors

Joshua Arocho (7/16/2012)

Neal v. Michigan Department of Corrections, Michigan state trial court (1996)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4799398/parties/mason-v-caruso/

Judge(s)

Attorney for Plaintiff

James, Dennis D. (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Colbeck, J. Richard (Michigan)

Jack, Dawn C.M. (Michigan)

Expert/Monitor/Master/Other

Anderson, Bryan J. (Michigan)

Judge(s)

O'Meara, John Corbett (Michigan)

Scheer, Donald A. (Michigan)

Attorney for Plaintiff

James, Dennis D. (Michigan)

Labelle, Deborah A. (Michigan)

McGehee, Cary S. (Michigan)

Pitt, Michael L. (Michigan)

Reno, Molly H. (Michigan)

Reosti, Ronald J. (Michigan)

Sirlin, Ralph J. (Michigan)

Sobel, Richard A. (Michigan)

Streeter, Patricia A. (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Colbeck, J. Richard (Michigan)

Jack, Dawn C.M. (Michigan)

Kotwicki, David A. (Michigan)

Smith, Diane M. (Michigan)

Stearns, Robert R. (Michigan)

Thurber, John L. (Michigan)

Other

Anderson, Bryan J. (Michigan)

Turner, Brenda E. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:05-cv-73943	Docket (PACER) Mason v. Caruso	Sept. 28, 2009	Sept. 28, 2009 Docket
1-1 5:05-cv-73943	Complaint	Oct. 13, 2005	Oct. 13, 2005 Complaint
2-1 5:05-cv-73943	First Amended Complaint	Oct. 20, 2005	Oct. 20, 2005 Complaint
96 5:05-cv-73943	Order Denying Defendants Granholm, Caruso, Zang, Stovall, Davis, Yukins, Desantis, Howell, Talley, Tollzein, Madden and Langley’s Rule 12(B)(6) Motions For Dismissal	May 15, 2006	May 15, 2006 Order/Opinion
171 5:05-cv-73943	Opinion and Order Granting Plaintiffs’ Motion for Partial Summary Judgment and Denying Defendants’ Motion for Summary Judgment Mason v. Granholm	Jan. 23, 2007	Jan. 23, 2007 Order/Opinion 2007 WL 201008
195 5:05-cv-73943	Order Denying State Defendant's Motion for Stay	March 7, 2007	March 7, 2007 Order/Opinion 2007 WL 734990
236 5:05-cv-73943	Order	July 23, 2007	July 23, 2007 Order/Opinion
239 5:05-cv-73943	Order Granting Defendant Howell and Defendant Langley's Motions for Summary Judgment	Aug. 31, 2007	Aug. 31, 2007 Order/Opinion 2007 WL 2541431
240 5:05-cv-73943	Opinion and Order Denying Plaintiffs' Motion for Class Certification	Aug. 31, 2007	Aug. 31, 2007 Order/Opinion 2007 WL 2541769
251 5:05-cv-73943	Order Denying Plaintiffs' Motion for Reconsideration	Oct. 23, 2007	Oct. 23, 2007 Order/Opinion 2007 WL 3121570

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Oral History Project Interview with Attorney Deborah LaBelle: Contents and Links Civil Rights Litigation Clearinghouse	Contents: Clearinghouse Oral History Project Interview with Attorney Deborah LaBelle (Spring 2023) [0:00-7:20] Law…	May 2023	May 4, 2023 https://www.mivideo.it.umich.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4799398/mason-v-caruso/

Last updated Oct. 29, 2026, 3:45 p.m.

Docket for: Mason v. Caruso

ECF Number	Date	Description	Link
1	Oct. 13, 2005	COMPLAINT filed by all plaintiffs against all defendants, Receipt No: 5824-AA - Fee: $ 250. (Attachments: # 1 Document Continuation)(KGeha, ) (Entered: 10/18/2005)	RECAP
2	Oct. 20, 2005	AMENDED COMPLAINT filed by all plaintiffs against all defendants. (Attachments: # 1 Document Continuation)(KGeha, ) (Entered: 10/24/2005)	RECAP
3	Nov. 16, 2005	ANSWER to Amended Complaint with Certificate of Service by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm.(Thurber, John) (Entered: 11/16/2005)	RECAP
4	Nov. 16, 2005	AFFIRMATIVE DEFENSES by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm.(Thurber, John) (Entered: 11/16/2005)	RECAP
5	Nov. 16, 2005	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm with Certificate of Service.(Thurber, John) (Entered: 11/16/2005)	RECAP
6	Nov. 16, 2005	ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm with Certificate of Service.(Smith, Diane) (Entered: 11/16/2005)	RECAP
7	Nov. 16, 2005	DEMAND for Trial by Jury by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm.(Thurber, John) (Entered: 11/16/2005)	RECAP
8	Nov. 16, 2005	CERTIFICATE OF SERVICE by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm re 4 Affirmative Defenses, 6 Attorney Appearance, 7 Jury Demand, 3 Answer to Amended Complaint, 5 Attorney Appearance showing that Deborah LaBelle was served via first class mail. (Thurber, John) (Entered: 11/16/2005)	RECAP
9	Nov. 16, 2005	CERTIFICATE OF SERVICE by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm re 4 Affirmative Defenses, 6 Attorney Appearance, 7 Jury Demand, 3 Answer to Amended Complaint, 5 Attorney Appearance AMENDED CERTIFICATE OF SERVICE showing that Deborah LaBelle was served the above documents via first class mail. (Thurber, John) (Entered: 11/16/2005)	RECAP
10	Nov. 17, 2005	MOTION to Dismiss with Brief in Support and Certificate of Service by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Jennifer Granholm. (Attachments: # 1 Index of Exhibits # 2 Exhibit MDOC Policy Directive 03.02.130 Effective Date 12/19/03# 3 Exhibit MDOC Policy Directive 03.02.130 Effective Date 4/28/03# 4 Exhibit MDOC Policy Directive 03.02.130 Effective Date 11/1/00# 5 Exhibit MDOC Policy Directive 03.02.130 Effective Date 10/11/99)(Thurber, John) (Entered: 11/17/2005)	RECAP
11	Nov. 21, 2005	SUMMONS Returned Executed. Patricia Caruso; Jerry Howell and Jennifer Granholm served on 10/27/2005, answer due 11/16/2005. (KGeha, ) (Entered: 11/23/2005)	RECAP
12	Nov. 21, 2005	SUMMONS Returned Executed. Nancy Zang; Joan Yukins and Thomas Desantis served on 10/27/2005, answer due 11/16/2005. (KGeha, ) (Entered: 11/23/2005)	RECAP
13	Nov. 21, 2005	SUMMONS Returned Executed. Carlton Carter and Kirk Tollzein served on 11/15/2005, answer due 12/5/2005. (KGeha, ) (Entered: 11/23/2005)	RECAP
14	Nov. 21, 2005	SUMMONS Returned Executed. Crosby Talley served on 11/9/2005, answer due 11/29/2005 (KGeha, ) (Entered: 11/23/2005)	RECAP
15	Nov. 21, 2005	SUMMONS Returned Executed. Clarice Stovall; Susan Davis and Rodney Madden served on 10/28/2005, answer due 11/17/2005. (KGeha, ) (Entered: 11/23/2005)	RECAP
16	Nov. 28, 2005	ATTORNEY APPEARANCE: David A. Kotwicki appearing on behalf of Carlton Carter.(KGeha, ) (Entered: 11/29/2005)	RECAP
17	Nov. 28, 2005	MOTION for More Definite Statement by Carlton Carter. (KGeha, ) (Entered: 11/29/2005)	RECAP
18	Nov. 28, 2005	CERTIFICATE OF SERVICE by Carlton Carter re 16 Attorney Appearance, 17 MOTION for More Definite Statement. (KGeha, ) (Entered: 11/29/2005)	RECAP
19	Nov. 30, 2005	ANSWER to Amended Complaint with Certificate of Service by Crosby Talley, Kirk Tollzein.(Thurber, John) (Entered: 11/30/2005)	RECAP
20	Nov. 30, 2005	AFFIRMATIVE DEFENSES by Crosby Talley, Kirk Tollzein.(Thurber, John) (Entered: 11/30/2005)	RECAP
21	Nov. 30, 2005	DEMAND for Trial by Jury by Crosby Talley, Kirk Tollzein.(Thurber, John) (Entered: 11/30/2005)	RECAP
22	Nov. 30, 2005	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Crosby Talley, Kirk Tollzein with Certificate of Service.(Thurber, John) (Entered: 11/30/2005)	RECAP
23	Nov. 30, 2005	ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of Crosby Talley, Kirk Tollzein with Certificate of Service.(Smith, Diane) (Entered: 11/30/2005)	RECAP
24	Dec. 1, 2005	MOTION to Dismiss with Brief in Support and Certificate of Service thereon by Crosby Talley, Kirk Tollzein. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - PD 03.02.130# 3 Exhibit 2 - PD 03.02.130 old version# 4 Exhibit 3 - PD 03.02.130 old version# 5 Exhibit 4 - PD 03.02.130 old version)(Thurber, John) (Entered: 12/01/2005)	RECAP
25	Dec. 5, 2005	EXHIBIT Number 5 - inadvertenly omitted from original filing re 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Crosby Talley, Kirk Tollzein, Jennifer Granholm. (Attachments: # 1 Exhibit MDOC PD 03.03.140)(Thurber, John) (Entered: 12/05/2005)	RECAP
26	Dec. 5, 2005	EXHIBIT Number 5 - inadvertenly omitted from original filing re 10 MOTION to Dismiss with Brief in Support and Certificate of Service by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Crosby Talley, Kirk Tollzein, Jennifer Granholm. (Attachments: # 1 Exhibit MDOC PD 03.03.140)(Thurber, John) (Entered: 12/05/2005)	RECAP
27	Dec. 8, 2005	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Rodney Madden with Certificate of Service.(Thurber, John) (Entered: 12/08/2005)	RECAP
28	Dec. 8, 2005	ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of Rodney Madden with Certificate of Service.(Smith, Diane) (Entered: 12/08/2005)	RECAP
29	Dec. 9, 2005	NOTICE of hearing on 17 MOTION for More Definite Statement. Responses due by 12/30/2005. Replies due by 1/17/2006. Motion Hearing set for 3/1/2006 02:00 PM before Honorable Paul D Borman. (RMcG, ) (Entered: 12/09/2005)	RECAP
30	Dec. 12, 2005	ANSWER to Amended Complaint with Certificate of Service by Rodney Madden.(Thurber, John) (Entered: 12/12/2005)	RECAP
31	Dec. 12, 2005	AFFIRMATIVE DEFENSES by Rodney Madden.(Thurber, John) (Entered: 12/12/2005)	RECAP
32	Dec. 12, 2005	DEMAND for Trial by Jury by Rodney Madden.(Thurber, John) (Entered: 12/12/2005)	RECAP
33	Dec. 14, 2005	RESPONSE to 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 10 MOTION to Dismiss with Brief in Support and Certificate of Service filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 Bazzetta v. McGinnis, Order Granting Plaintiffs' Motion for Attorney Fees# 3 Exhibit 2 Neal v. Dept. of Corrections, Order and Opinion, 02/10/2005# 4 Exhibit 3 Email from Defendant Zang to Grievance Coordinator# 5 Exhibit 4 Deposition Transcript of Grievance Coordinator, pgs. 99-100# 6 Exhibit 5 Defendants' Response to Plaintiff Renee Williams' Grievance# 7 Exhibit 6 Defendants' Response to Caroline Davis' Grievance# 8 Exhibit 7 Defendants' Response to Alison Barnes' Grievance# 9 Exhibit 8 Plaintiff Natheauleen Mason's Grievance dated July 24, 2003# 10 Exhibit 9 Director's Office Response to Plaintiff Mason's Grievance dated August 18, 2003# 11 Exhibit 10 Plaintiff Tammy LaCross' Complaint dated May 15, 2003# 12 Exhibit 11 Plaintiff Helisah Bailey's Complaint dated February 12, 2004# 13 Exhibit 12 Plaintiff Ebony Bates' Complaint dated April 24, 2005# 14 Exhibit 13 Plaintiff Kandice Hall's Complaints dated May 28 and 29, 2005 and Notification of Prisoner/Plaintiff Interview# 15 Exhibit 14 Plaintiff Dyanna McDade Complaint dated July 15, 2005# 16 Exhibit 15 Plaintiff Yolanda Limmitt's Complaint dated October 1, 2003)(LaBelle, Deborah) (Entered: 12/14/2005)	RECAP
34	Dec. 14, 2005	MOTION to Dismiss with Brief in Support and Certificate of Service by Rodney Madden. (Attachments: # 1 Index of Exhibits # 2 Exhibit MDOC Policy Directive 03.02.130 Effective 12/19/2003# 3 Exhibit MDOC Policy Directive 03.02.130 Effective 4/28/2003# 4 Exhibit MDOC Policy Directive 03.02.130 Effective 11/1/2000# 5 Exhibit MDOC Policy Directive 03.02.130 Effective 10/11/1999# 6 Exhibit MDOC Policy Directive 03.03.140 Effective 12/11/2000)(Thurber, John) (Entered: 12/14/2005)	RECAP
35	Dec. 22, 2005	RESPONSE to 17 MOTION for More Definite Statement filed by all plaintiffs. (Pitt, Michael) (Entered: 12/22/2005)	RECAP
36	Dec. 23, 2005	RESPONSE to 34 MOTION to Dismiss with Brief in Support and Certificate of Service filed by all plaintiffs. (LaBelle, Deborah) (Entered: 12/23/2005)	RECAP
37	Dec. 28, 2005	REPLY to Response re 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 34 MOTION to Dismiss with Brief in Support and Certificate of Service with Certificate of Service filed by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Crosby Talley, Kirk Tollzein, Rodney Madden, Jennifer Granholm. (Thurber, John) (Entered: 12/28/2005)	RECAP
38	Jan. 4, 2006	ORDER REFERRING MOTION to Magistrate Judge Scheer: 17 MOTION for More Definite Statement filed by Carlton Carter,. Signed by Honorable Paul D Borman. (JPar, ) (Entered: 01/04/2006)	RECAP
39	Jan. 9, 2006	NOTICE of hearing on 17 MOTION for More Definite Statement. Resolved/Unresolved Issues due by 1/20/2006. Motion Hearing set for 1/24/2006 02:00 PM before Honorable Donald A Scheer. (MLan, ) (Entered: 01/09/2006)	RECAP
40	Jan. 18, 2006	NOTICE of hearing on 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 34 MOTION to Dismiss with Brief in Support and Certificate of Service, 10 MOTION to Dismiss with Brief in Support and Certificate of Service. Motion Hearing set for 3/1/2006 02:00 PM before Honorable Paul D Borman. (JPar, ) (Entered: 01/18/2006)	RECAP
	Jan. 24, 2006	Minute Entry -Motion Hearing held on 1/24/2006 re 17 MOTION for More Definite Statement filed by Carlton Carter, before Honorable Donald A Scheer. Disposition: Motion Denied (Tape #DAS 06-007) (MLan, )
43	Feb. 2, 2006	SUMMONS Returned Executed. Willis Chapman served on 1/27/2006, answer due 2/16/2006 (KGeha, ) (Entered: 02/06/2006)	RECAP
44	Feb. 2, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Deborah A. LaBelle re 43 Summons Returned Executed (KGeha, ) (Entered: 02/06/2006)	RECAP
41	Feb. 3, 2006	ANSWER to Amended Complaint with Affirmative Defenses and Jury Demand by Carlton Carter.(KGeha, ) (Entered: 02/06/2006)	RECAP
42	Feb. 3, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney David A. Kotwicki - NOT ADMITTED re 41 Answer to Amended Complaint (KGeha, ) (Entered: 02/06/2006)	RECAP
45	Feb. 7, 2006	SCHEDULING ORDER: Dispositive Motion Cut-off set for 8/7/2006 Discovery due by 7/6/2006. Signed by Honorable Paul D Borman. (Refer to image for additional dates)(RMcG, ) (Entered: 02/07/2006)	RECAP
46	Feb. 7, 2006	CERTIFICATE OF SERVICE re 41 Answer to Amended Complaint. (KGeha, ) (Entered: 02/07/2006)	RECAP
47	Feb. 7, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney David A. Kotwicki - NOT ADMITTED re 46 Certificate of Service (KGeha, ) (Entered: 02/07/2006)	RECAP
48	Feb. 7, 2006	SUMMONS Returned Executed. William Merrow served on 2/1/2006, answer due 2/21/2006 (KGeha, ) (Entered: 02/07/2006)	RECAP
49	Feb. 7, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Deborah A. LaBelle re 48 Summons Returned Executed (KGeha, ) (Entered: 02/07/2006)	RECAP
50	Feb. 8, 2006	SUMMONS Returned Executed. Art Lancaster served on 2/3/2006, answer due 2/23/2006 (LaBelle, Deborah) (Entered: 02/08/2006)	RECAP
51	Feb. 8, 2006	SUMMONS Returned Executed. Sally Langley served on 2/3/2006, answer due 2/23/2006 (LaBelle, Deborah) (Entered: 02/08/2006)	RECAP
52	Feb. 13, 2006	MOTION TO EXTEND Summons for Defendants Nunn and Awad by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit Ex. 1, Affidavit of Nick Helton, Jr.# 3 Exhibit Ex. 2, Correspondence dated January 31, 2006 from Allan J. Soros, Assistant Attorney General, Corrections Division)(LaBelle, Deborah) Additional attachment(s) added on 2/23/2006 (KGeha, ). Additional attachment(s) added on 2/23/2006 (KGeha, ). (Entered: 02/13/2006)	RECAP
53	Feb. 14, 2006	ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of Sally Langley with Certificate of Service.(Smith, Diane) (Entered: 02/14/2006)	RECAP
54	Feb. 14, 2006	[FILING ERROR. FILED UNDER WRONG LOGIN (SHOULD BE JOHN THURBER). IMAGE IS CORRECT.]ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of Sally Langley with Certificate of Service.(Smith, Diane) Modified on 2/14/2006 (KClark, ). Modified on 2/14/2006 (KClark, ). (Entered: 02/14/2006)	RECAP
55	Feb. 14, 2006	AFFIRMATIVE DEFENSES by Sally Langley.(Thurber, John) (Entered: 02/14/2006)	RECAP
56	Feb. 14, 2006	DEMAND for Trial by Jury by Sally Langley.(Thurber, John) (Entered: 02/14/2006)	RECAP
57	Feb. 15, 2006	ORDER granting 52 MOTION TO EXTEND Summons for Defendants Nunn and Awad.- Signed by Honorable Paul D Borman. (KGeha, ) (Entered: 02/16/2006)	RECAP
58	Feb. 16, 2006	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of William Merrow with Certificate of Service.(Thurber, John) (Entered: 02/16/2006)	RECAP
59	Feb. 16, 2006	ATTORNEY APPEARANCE: Diane M. Smith appearing on behalf of William Merrow with Certificate of Service.(Smith, Diane) (Entered: 02/16/2006)	RECAP
60	Feb. 17, 2006	DEMAND for Trial by Jury by William Merrow.(Thurber, John) (Entered: 02/17/2006)	RECAP
61	Feb. 17, 2006	AFFIRMATIVE DEFENSES by William Merrow.(Thurber, John) (Entered: 02/17/2006)	RECAP
62	Feb. 17, 2006	ANSWER to Amended Complaint with Certificate of Service by Sally Langley.(Thurber, John) (Entered: 02/17/2006)	RECAP
63	Feb. 22, 2006	ANSWER to Amended Complaint with Certificate of Service by William Merrow.(Thurber, John) (Entered: 02/22/2006)	RECAP
64	Feb. 22, 2006	STIPULATION and Order for Seal of Documents by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Sally Langley, Thomas Desantis, Willis Chapman, Jerry Howell, Crosby Talley, Kirk Tollzein, William Merrow, Rodney Madden, Jennifer Granholm. (Attachments: # 1 Exhibit Stipulation & Order with actual signatures)(Thurber, John) (Entered: 02/22/2006)	RECAP
65	Feb. 23, 2006	STIPULATION AND ORDER re 52 MOTION TO EXTEND Summons for Defendants Nunn and Awad. Exhibits are to be removed and sealed. Signed by Honorable Paul D Borman. (KGeha, ) (Entered: 02/23/2006)	RECAP
66	Feb. 23, 2006	Sealed Matter.(KGeha, ) (Entered: 02/23/2006)	RECAP
67	Feb. 24, 2006	MOTION to Dismiss with Brief in Support and Proof of Service thereon by Sally Langley. (Thurber, John) (Entered: 02/24/2006)	RECAP
68	Feb. 24, 2006	STIPULATION re 52 MOTION TO EXTEND Summons for Defendants Nunn and Awad by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Sally Langley, Thomas Desantis, Willis Chapman, Jerry Howell, Firas Awad, Jody Nunn, Art Lancaster, Crosby Talley, Kirk Tollzein, William Merrow, Rodney Madden, Jennifer Granholm, Velvet Farley-Johnson. (Attachments: # 1 Exhibit Proposed Order)(Thurber, John) (Entered: 02/24/2006)	RECAP
69	Feb. 24, 2006	ATTORNEY APPEARANCE: J. Richard Colbeck appearing on behalf of Art Lancaster.(DWor, ) (Entered: 02/27/2006)	RECAP
70	Feb. 24, 2006	ANSWER to Complaint by Art Lancaster.(DWor, ) (Entered: 02/27/2006)	RECAP
71	Feb. 24, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney J. Richard Colbeck re 69 Attorney Appearance, 70 Answer to Complaint. (DWor, ) (Entered: 02/27/2006)	RECAP
72	March 1, 2006	MOTION to Amend/Correct 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 34 MOTION to Dismiss with Brief in Support and Certificate of Service by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Crosby Talley, Kirk Tollzein, Rodney Madden, Jennifer Granholm. (Attachments: # 1 Index of Exhibits # 2 Exhibit Madden's Amended Brief# 3 Exhibit Talley & Tollzein's Amended Brief# 4 Exhibit Granholm, Caruso, Zang, Stovall, Davis, Yukins, DeSantis, and Howell's Amended Brief)(Thurber, John) (Entered: 03/01/2006)	RECAP
73	March 8, 2006	STIPULATION to Amend Briefs by Patricia Caruso, Nancy Zang, Clarice Stovall, Susan Davis, Joan Yukins, Thomas Desantis, Jerry Howell, Crosby Talley, Kirk Tollzein, Rodney Madden, Jennifer Granholm. (Attachments: # 1 Index of Exhibits # 2 Exhibit Stipulation to Amend Briefs with actual signature)(Thurber, John) (Entered: 03/08/2006)	RECAP
74	March 8, 2006	ORDER REASSIGNING CASE from Judge Paul D Borman in Detroit to Judge John Corbett O'Meara in Ann Arbor. Signed by Honorable Paul D Borman. (DEld, ) (Entered: 03/08/2006)	RECAP
75	March 9, 2006	ORDER granting 72 Motion to Amend/Correct- Signed by Honorable John Corbett O'Meara. (DGoo, ) (Entered: 03/09/2006)	RECAP
76	March 10, 2006	NOTICE of hearing on 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 34 MOTION to Dismiss with Brief in Support and Certificate of Service, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon. Motion Hearing set for 4/13/2006 02:00 PM before Honorable John Corbett O'Meara. (DGoo, ) (Entered: 03/10/2006)	RECAP
77	March 17, 2006	RESPONSE to 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon, 34 MOTION to Dismiss with Brief in Support and Certificate of Service filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1, Director's Office Memorandum 1999-40/2000-33# 3 Exhibit 2, Director's Office Memorandum 1999-40A/2000-33A# 4 Exhibit Prisoner Guide Book# 5 Exhibit 4, MDOC Internal Affairs Case Review Form Regarding Dallas Mesack dated July 25, 2002# 6 Exhibit 5, MDOC Memorandum to Plaintiff Dyanna McDade dated July 15, 2005# 7 Exhibit 6, MDOC Memorandum to Stephen Marschke Regarding Plaintiff Helisha Bailey and Defendant Tollzein dated September 3, 2003# 8 Exhibit 7, Greivance filed by Alison Barnes, January 12, 2003)(LaBelle, Deborah) (Entered: 03/17/2006)	RECAP
78	March 21, 2006	SUMMONS Returned Executed. Jody Nunn served on 2/28/2006, answer due 3/20/2006 (LaBelle, Deborah) (Entered: 03/21/2006)	RECAP
79	March 21, 2006	SUMMONS Returned Executed. Firas Awad served on 2/28/2006, answer due 3/20/2006 (LaBelle, Deborah) (Entered: 03/21/2006)	RECAP
80	March 22, 2006	REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Firas Awad by all plaintiffs. (LaBelle, Deborah) (Entered: 03/22/2006)	RECAP
81	March 22, 2006	REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Jody Nunn by all plaintiffs. (LaBelle, Deborah) (Entered: 03/22/2006)	RECAP
82	March 22, 2006	CLERK'S ENTRY OF DEFAULT as to Firas Awad (THal, ) (Entered: 03/22/2006)	RECAP
83	March 22, 2006	CLERK'S ENTRY OF DEFAULT as to Jody Nunn (THal, ) (Entered: 03/22/2006)	RECAP
84	March 22, 2006	REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Willis Chapman by all plaintiffs. (LaBelle, Deborah) (Entered: 03/22/2006)	RECAP
85	March 23, 2006	CLERK'S ENTRY OF DEFAULT as to Natheauleen Mason. (DWor, ) (Entered: 03/23/2006)	RECAP
86	March 27, 2006	REPLY to Response re 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon with Proof of Service thereon filed by Sally Langley. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Rinard v. Louma# 3 Exhibit 2 - PD 03.02.130)(Thurber, John) (Entered: 03/27/2006)	RECAP
87	March 27, 2006	MOTION for More Definite Statement by Willis Chapman. (PMil, ) (Entered: 03/28/2006)	RECAP
88	March 27, 2006	NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Robert R. Stearns re 87 MOTION for More Definite Statement. (DWor, ) (Entered: 03/28/2006)	RECAP
89	April 3, 2006	AMENDED NOTICE of hearing on 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 34 MOTION to Dismiss with Brief in Support and Certificate of Service, 87 MOTION for More Definite Statement, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon. Motion Hearing set for 5/11/2006 02:00 PM before Honorable John Corbett O'Meara. (DGoo, ) (Entered: 04/03/2006)	RECAP
90	April 3, 2006	RESPONSE to 87 MOTION for More Definite Statement filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1, Clerk's Entry of Default of Defendant Willis Chapman# 3 Exhibit 2, Notice of Activity dated January 25, 2006 re; denial of Defendant Carter's Motion for More Definite Statement# 4 Exhibit 3, Cooper Insurance Agency Center, L.L.C. v. Mourer-Foster, Inc., 2005 WL 3289345 (W.D.Mich.))(LaBelle, Deborah) (Entered: 04/03/2006)	RECAP
91	April 23, 2006	NOTICE of Change of Attorney Information by Robert R. Stearns on behalf of Willis Chapman. (Stearns, Robert) (Entered: 04/23/2006)	RECAP
92	April 28, 2006	MOTION to Set Aside Clerk's Entry of Default by Willis Chapman. (Stearns, Robert) (Entered: 04/28/2006)	RECAP
93	April 28, 2006	[FILING ERROR R.18 - EXHIBITS NOT IDENTIFIED] INDEX of Exhibits re 92 MOTION to Set Aside Clerk's Entry of Default by Willis Chapman. (Attachments: # 1 Exhibit Summons & Return of Service as to Chapman# 2 Exhibit Motion Hearing Transcript (excerpts)# 3 Exhibit Department of Corrections Grievance Decision)(Stearns, Robert) Modified on 5/1/2006 (DTyle, ). (Entered: 04/28/2006)	RECAP
94	May 1, 2006	SECOND AMENDED NOTICE of hearing on 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 92 MOTION to Set Aside Clerk's Entry of Default, 34 MOTION to Dismiss with Brief in Support and Certificate of Service, 87 MOTION for More Definite Statement, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 17 MOTION for More Definite Statement, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon. Motion Hearing set for 5/11/2006 02:00 PM before Honorable John Corbett O'Meara. (DGoo, ) (Entered: 05/01/2006)	RECAP
	May 11, 2006	Minute Entry -Motion Hearing held on 5/11/2006 re 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon filed by Crosby Talley,, Kirk Tollzein,, 34 MOTION to Dismiss with Brief in Support and Certificate of Service filed by Rodney Madden,, 10 MOTION to Dismiss with Brief in Support and Certificate of Service filed by Clarice Stovall,, Joan Yukins,, Patricia Caruso,, Thomas Desantis,, Jennifer Granholm,, Susan Davis,, Jerry Howell,, Nancy Zang,, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon filed by Sally Langley,, 87 MOTION for More Definite Statement filed by Willis Chapman,, 72 MOTION to Amend/Correct 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon, 10 MOTION to Dismiss with Brief in Support and Certificate of Service, 34 MOTION to Dismiss with Brief in Support and Certifi filed by Clarice Stovall,, Joan Yukins,, Patricia Caruso,, Thomas Desantis,, Jennifer Granholm,, Susan Davis,, Jerry Howell,, Nancy Zang,, Crosby Talley,, Kirk Tollzein,, Rodney Madden, before Honorable John Corbett O'Meara. Disposition: DENIED(Court Reporter Wabeke) (DGoo, )
	May 11, 2006	Minute Entry -Motion Hearing held on 5/11/2006 re 92 MOTION to Set Aside Clerk's Entry of Default filed by Willis Chapman, before Honorable John Corbett O'Meara. Disposition: GRANTED(Court Reporter Wabeke) (DGoo, )
95	May 15, 2006	ORDER DENYING re 87 MOTION for More Definite Statement filed by Willis Chapman,. Signed by Honorable John Corbett O'Meara. (DGoo, ) (Entered: 05/15/2006)	RECAP
96	May 15, 2006	ORDER DENYING re 24 MOTION to Dismiss with Brief in Support and Certificate of Service thereon filed by Crosby Talley,, Kirk Tollzein,, 10 MOTION to Dismiss with Brief in Support and Certificate of Service filed by Clarice Stovall,, Joan Yukins,, Patricia Caruso,, Thomas Desantis,, Jennifer Granholm,, Susan Davis,, Jerry Howell,, Nancy Zang,, 67 MOTION to Dismiss with Brief in Support and Proof of Service thereon filed by Sally Langley,, 34 MOTION to Dismiss with Brief in Support and Certificate of Service filed by Rodney Madden,. Signed by Honorable John Corbett O'Meara. (DGoo, ) (Entered: 05/15/2006)	RECAP
97	May 16, 2006	TRANSCRIPT of Proceedings held on 5/11/06 of Motion Hearing (THal, ) (Entered: 05/18/2006)	RECAP