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Braggs v. Dunn, 2:14cv601-MHT. (2019)

Court: District Court, M.D. Alabama Number: infdco20190318714 Visitors: 20
Filed: Mar. 15, 2019
Latest Update: Mar. 15, 2019
Summary: PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM MYRON H. THOMPSON , District Judge . Based on the representations made on the record on March 14, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: OLD DATES NEW DATES SEGREGATION Parties to develop schemes to Continued verify that defendants are now generally pending a
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PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM

Based on the representations made on the record on March 14, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows:

OLD DATES NEW DATES SEGREGATION Parties to develop schemes to Continued verify that defendants are now generally pending accurately and timely identifying mediation and SMI inmates with regard to resolution of the segregation monitoring issue In-person oral argument on how to To be reset. 5/14/19 at 10:00 a.m. proceed on remedies for violations found in supplemental liability opinion. (doc. nos. 2353, 2397, & 2398). HOSPITAL-LEVEL CARE Parties to file initial briefs 5/1/19 at noon for upcoming oral argument. Parties to file reply briefs for 5/8/19 at noon upcoming oral argument. In-person oral argument to To be reset. 5/14/19 at 10:00 a.m. discuss "what the substantive law is" and "how" to proceed in light of defendants' statement as to whether revised stipulations meet the PLRA's `need-narrowness-intrusiveness' requirements. (doc. nos. 2383 & 2382). Counsel for plaintiffs have already said that they do. SUICIDE PREVENTION Oral argument and hearing on 3/27/19 at 9:00 parties' joint proposals on a.m. `methods' defendants can use to verify that segregation rounds are being properly conducted in segregation and segregation-like settings. (doc. nos. 2345, 2380, 2410, & 2414.). Oral argument and hearing 3/27/19 at 9:00 parties' submission of list of a.m. the agreed-upon segregation-like settings, as well as the settings about which they may not be able to reach an agreement. (doc. nos. 2345 & 2364). Oral argument and hearing on 3/27/19 at 9:00 defendants' development of a a.m. `review process' that collects and consolidates information on at least a weekly basis for each prisoner in ADOC with SMI who is housed in segregation; that is, a "tracking process." (doc. nos. 2345, 2377, & 2406-07). Oral argument and hearing on 3/27/19 at 9:00 parties' submission of joint a.m. report to the court as to other prisons that do not place (or significantly limit the placement of) SMI prisoners in segregation. (doc. nos. 2345 & 2379). Oral argument on how to proceed 3/27/19 at 9:00 on defendants' initial submission a.m. of the results for "tracking process' of SMIs in segregation. (doc. nos. 2345, 2357, & 2408). Pretrial briefs on all remaining 3/22/19 at noon issues, including but not limited to further addressing whether plaintiffs' motion for preliminary injunctions (doc. no. 2276) has been properly characterized as preliminary, rather than simply post-liability finding, relief and the legal and factual implications that should follow. Pretrial hearing on all remaining 3/25/19 at 10:00 issues. a.m., with the courtroom deputy to arrange for the hearing to be conducted by telephone Evidentiary hearing on 3/27/19 through plaintiffs' motion for 4/10/19 at 9:00 preliminary injunctions. (doc. a.m. each day no. 2276) Evidentiary hearing on all 3/27/19 through remaining issues. 4/10/19 at 9:00 a.m. each day DISCIPLINARY SANCTIONS Parties to file initial briefs 5/1/19 at noon for upcoming oral argument. Parties to file reply briefs for 5/8/19 at noon upcoming oral argument. In-person oral argument to To be reset. 5/14/19 at 10:00 a.m. discuss "what the substantive law is" and "how" to proceed in light of defendants' statement as to whether revised stipulations meet the PLRA's `need-narrowness-intrusiveness' requirements. (doc. nos. 2384 & 2382). Counsel for plaintiffs have already said that they do. Parties to resubmit stipulations 3/21/19 to address training issue. (doc. no. 2374). MONITORING Parties to file initial briefs 5/1/19 at noon for upcoming oral argument. Parties to file reply briefs for 5/8/19 at noon upcoming oral argument. In-person oral argument to 5/14/19 at 10:00 a.m. discuss "what the substantive law is" and "how" to proceed as to the monitoring remedial issue in light of defendants' statement as to whether all remedial stipulations previously approved and adopted by the court meet the PLRA's `need-narrowness-intrusiveness' requirements. MISCELLANEOUS Parties to file initial briefs 5/1/19 at noon for upcoming oral argument. Parties to file reply briefs for 5/8/19 at noon upcoming oral argument. In-person oral argument to To be reset. 5/14/19 at 10:00 a.m. discuss "what the substantive law is" and "how" to proceed in light of defendants' statement as to whether all remedial stipulations previously approved and adopted by the court meet the PLRA's `need-narrowness-intrusiveness' requirements. (doc. no. 2382). Counsel for plaintiffs have already said that they do.
Source:  Leagle

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