CLOSED,JURY U.S. District Court District of South Carolina (Charleston) CIVIL DOCKET FOR CASE #: 2:10−cv… · 12/06/2010 17 Joint Rule 26(f) Report by H Wayne DeWitt, John Doe

CLOSED,JURYU.S. District Court

District of South Carolina (Charleston)CIVIL DOCKET FOR CASE #: 2:10−cv−02594−SB−BM

Prison Legal News et al v. DeWitt et alAssigned to: Honorable Sol Blatt, JrReferred to: Magistrate Judge Bristow MarchantCause: 42:1983 Civil Rights Act

Date Filed: 10/06/2010Date Terminated: 01/17/2012Jury Demand: BothNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

Plaintiff

Prison Legal News represented bySusan King DunnACLU SC National OfficePO Box 20998Charleston, SC 29403843−720−1425Fax: 843−720−1428Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Carl TakeiACLU National Prison Project915 15th St NWWashington, DC 20005202−393−4930Fax: 202−393−4931Email: ctakei@npp−aclu.orgPRO HAC VICEATTORNEY TO BE NOTICED

David Cyrus FathiNational Prison Project of the ACLU915 15th Street NWSeventh FloorWashington, DC 20005202−393−4930Email: dfathi@npp−aclu.orgPRO HAC VICEATTORNEY TO BE NOTICED

David Michael ShapiroNational Prison Project of the ACLU915 15th Street NWSeventh FloorWashington, DC 20005202−715−0838Email: dshapiro@npp−aclu.orgTERMINATED: 10/02/2012PRO HAC VICE

Lance Theodore WeberHuman Rights Defense CenterPO Box 2420West Brattleboro, VT 05303802−257−1342Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

Plaintiff

Human Rights Defense Center represented by

Case: 2:10-cv-2594 As of: 11/06/2017 12:14 AM EST 1 of 23

mailto:[email protected]





Susan King Dunn(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Carl Takei(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

David Cyrus Fathi(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

David Michael Shapiro(See above for address)TERMINATED: 10/02/2012PRO HAC VICE

Lance Theodore Weber(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

V.

Intervenor Plaintiff

United States of America represented byBarbara Murcier BowensUS Attorneys Office1441 Main StreetSuite 500Columbia, SC 29201803−929−3000Fax: 803−252−2759Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

William Norman NettlesBill Nettles Law2008 Lincoln StreetColumbia, SC 29201803−814−2826Fax: 888−745−1381Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Amin AminfarUS Department of Justice (CivilRights−Educational)950 Pennsylvania Avenue NWWashington, DC 20530202−307−0652Email: [email protected]: 02/28/2012PRO HAC VICEATTORNEY TO BE NOTICED

Michael Johnson SongerUS Department of Justice950 Pennsylvania Avenue NWRoom 4132





Washington, DC 20530202−305−1762Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

Timothy D MygattUS Department of Justice (CivilRights−Educational)950 Pennsylvania Avenue NWWashington, DC 20530202−305−3334Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

V.

Defendant

Berkeley Cty Sheriff H Wayne DeWittindividually and in his official capacity

represented byGedney M Howe , IIIPO Box 1034Charleston, SC 29402843−722−8048Fax: 843−722−2140Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Robin Lilley JacksonSenn LegalPO Box 12279Charleston, SC 29422843−556−4045Fax: 843−556−4046Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Sandra Jane SennSenn LegalPO Box 12279Charleston, SC 29422843−556−4045Fax: 843−556−4046Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Stephanie P McDonaldSenn McDonald and LeinbachPO Box 12279Charleston, SC 29422843−556−4045Fax: 843−556−4046Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Defendant

Captain Cliff McElvogueindividually and in his official capacity

represented byRobin Lilley Jackson(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED








Sandra Jane Senn(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Stephanie P McDonald(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

John Doe 1Berkeley County Detention Centeremployee individually and in his herofficial capacity




Defendant





Defendant





Defendant

John Doe 4Berkeley County Detention Center

represented byRobin Lilley Jackson(See above for address)


employee individually and in his herofficial capacity

LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Lieutenant Tony Rileyindividually and in his official capacity




Date Filed # Docket Text

10/06/2010 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number0420−2982018.), filed by Prison Legal News, Human Rights Defense Center.(Attachments: # 1 Exhibit A−B)(asni, ) (Entered: 10/06/2010)

10/06/2010 2 Summons Issued as to H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, JohnDoe 4, Cliff McElvogue and Tony Riley. (asni, ) Modified to edit text on 10/6/2010(asni, ). (Entered: 10/06/2010)

10/06/2010 3 Local Rule 26.01 Answers to Interrogatories by Human Rights Defense Center, PrisonLegal News.(asni, ) (Entered: 10/06/2010)

10/08/2010 5 MOTION to Appear Pro Hac Vice by Lance T Weber ( Filing fee $ 250 receiptnumber 0420−2987581) by Human Rights Defense Center, Prison Legal News.Response to Motion due by 10/25/2010 (Attachments: # 1 ExhibitApplication/Affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order isbeing emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered:10/08/2010)

10/08/2010 6 MOTION to Appear Pro Hac Vice by David Michael Shapiro ( Filing fee $ 250 receiptnumber 0420−2987612) by Human Rights Defense Center, Prison Legal News.Response to Motion due by 10/25/2010 (Attachments: # 1 ExhibitApplication/Affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order isbeing emailed to chambers with copy to opposing counsel(Dunn, Susan) (Attachment1 replaced on 11/3/2010) (asni, ). affidavit was replaced at the request of chamberssince the notary was not the original signature on 11/4/2010 (asni, ). (Entered:10/08/2010)

10/08/2010 7 MOTION to Appear Pro Hac Vice by David C. Fahti ( Filing fee $ 250 receipt number0420−2987626) by Human Rights Defense Center, Prison Legal News. Response toMotion due by 10/25/2010 (Attachments: # 1 Exhibit Application/Affidavit, # 2Exhibit Certificate of Good Standing)Proposed order is being emailed to chamberswith copy to opposing counsel(Dunn, Susan) additional attachment entry 15 added on11/3/2010 (asni, ). (Attachment 1 replaced on 11/3/2010) (asni, ). affidavit wasreplaced at the request of chambers since the notary was not the original signature on


https://ecf.scd.uscourts.gov/doc1/16304484365?caseid=177925&de_seq_num=14&pdf_header=1&pdf_toggle_possible=1














11/4/2010 (asni, ). (Entered: 10/08/2010)

10/14/2010 10 TEXT ORDER granting 5 Motion to Appear Pro Hac Vice Signed by HonorableMargaret B Seymour on 10/14/2010.(asni, ) (Entered: 10/14/2010)

11/01/2010 12 ANSWER to 1 Complaint by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3,John Doe 4, Cliff McElvogue, Tony Riley.(Senn, Sandra) (Entered: 11/01/2010)

11/02/2010 14 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline11/22/2010, 26(a) Initial Disclosures due by 12/6/2010, Rule 26 Report due by12/6/2010, Amended Pleadings due by 1/4/2011, Plaintiffs ID of Expert Witness dueby 1/31/2011, Defendants ID of Expert Witnesses Due by 3/1/2011, RecordsCustodian Affidavit due by 3/1/2011, Discovery due by 5/2/2011, Motion in Liminedue by 8/11/2011, Motions due by 5/16/2011, Rule 26(a)(3) Disclosures due by7/29/2011, Pretrial Briefs due by 8/27/2011, Jury Selection Deadline 9/1/2011, ADRStatement due by 6/14/2011, Mediation Due by 7/14/2011,. Signed by HonorableMargaret B Seymour on 11/2/2010. (asni, ) (Entered: 11/02/2010)

11/03/2010 15 Additional Attachments to Main Document 7 MOTION to Appear Pro Hac Vice byDavid C. Fahti ( Filing fee $ 250 receipt number 0420−2987626) MOTION to AppearPro Hac Vice by David C. Fahti ( Filing fee $ 250 receipt number 0420−2987626)Certificate of Good Standing. (Dunn, Susan) (Entered: 11/03/2010)

11/03/2010 16 TEXT ORDER granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion toAppear Pro Hac Vice Signed by Honorable Margaret B Seymour on 11/3/2010.(asni, )(Entered: 11/04/2010)

12/06/2010 17 Joint Rule 26(f) Report by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3,John Doe 4, Human Rights Defense Center, Cliff McElvogue, Prison Legal News,Tony Riley. (Attachments: # 1 LR 26.03 Answers)(Dunn, Susan) (Entered:12/06/2010)

12/07/2010 19 CONSENT AMENDED SCHEDULING ORDER Amended Pleadings due by2/4/2011, Plaintiffs ID of Expert Witness due by 3/4/2011, Defendants ID of ExpertWitnesses Due by 4/4/2011, Records Custodian Affidavit due by 4/4/2011, Discoverydue by 6/6/2011, Motion in Limine due by 9/9/2011, Motions due by 6/20/2011, Rule26(a)(3) Disclosures due by 8/29/2011, Pretrial Briefs due by 9/28/2011, JurySelection Deadline 10/3/2011, ADR Statement due by 7/15/2011, Mediation Due by8/15/2011,. Signed by Honorable Margaret B Seymour on 12/7/2010. (asni, ) (Entered:12/07/2010)

01/14/2011 20 Consent MOTION to Amend/Correct 19 Scheduling Order,, by H Wayne DeWitt,John Doe 1, John Doe 2, John Doe 3, John Doe 4, Human Rights Defense Center, CliffMcElvogue, Prison Legal News, Tony Riley. Response to Motion due by 1/31/2011(Attachments: # 1 Exhibit A− Consent Amended Scheduling Order)Proposed order isbeing emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered:01/14/2011)

01/18/2011 21 AMENDED SCHEDULING ORDER( Amended Pleadings due by 3/7/2011,Plaintiffs ID of Expert Witness due by 4/4/2011, Defendants ID of ExpertWitnesses Due by 5/4/2011, Records Custodian Affidavit due by 5/4/2011,Discovery due by 7/6/2011, Motion in Limine due by 10/11/2011, Motions due by7/20/2011, Rule 26(a)(3) Disclosures due by 9/28/2011, Pretrial Briefs due by10/28/2011, Jury Selection Deadline 11/2/2011, ADR Statement due by 8/14/2011,Mediation Due by 9/14/2011, Service of Complaint due by 4/4/2011) Motionsterminated: granting 20 Consent MOTION to Amend/Correct 19 SchedulingOrder, filed by Tony Riley, John Doe 2, John Doe 4, Cliff McElvogue, H WayneDeWitt, Human Rights Defense Center, Prison Legal News, John Doe 1, John Doe3.. Signed by Honorable Margaret B Seymour on 1/18/2011. (asni, ) (Entered:01/19/2011)

03/03/2011 23 MOTION to Compel by Human Rights Defense Center, Prison Legal News. Responseto Motion due by 3/21/2011 (Attachments: # 1 Memo in Support, # 2 ExhibitDeclaration of Shapiro, # 3 Certificate of Service, # 4 Exhibit A− Pls 1st Set of RTA, #5 Exhibit B− Pls 1st Set of RTP, # 6 Exhibit C− Pls 1st Set of ROGs, # 7 Exhibit D−Def's Resp to 1st Set of RTA, # 8 Exhibit E− Def's Resp to 1st Set of ROGs, # 9Exhibit F− Def's Resp to 1st Set of RTP, # 10 Exhibit G− Ltr from Shapiro to Senn, #






























11 Exhibit H− Email from Shapiro to Senn, # 12 Exhibit I− Email from Senn toShapiro, # 13 Exhibit J− Email from Shapiro to Senn, # 14 Exhibit K− Email fromSenn to Shapiro, # 15 Exhibit L− Detainee Grievance, # 16 Exhibit M− News Articles,# 17 Exhibit N− Website Printout, # 18 Exhibit O− Email from Senn to Shapiro, # 19Exhibit Unpublished Cases)Proposed order is being emailed to chambers with copy toopposing counsel(Dunn, Susan) (Entered: 03/03/2011)

03/09/2011 24 Local Rule 26.01 Answers to Interrogatories by H Wayne DeWitt, John Doe 1, JohnDoe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.(Senn, Sandra)(Entered: 03/09/2011)

03/14/2011 25 NOTICE of Request for Protection from Court Appearance by Sandra Jane Senn forMarch 28, 2011 − April 5, 2011 and April 18 − 22, 2011 (Senn, Sandra) (Entered:03/14/2011)

03/15/2011 26 REPLY by Prison Legal News to 25 Notice of Request for Protection from CourtAppearance. (Dunn, Susan) (Entered: 03/15/2011)

03/21/2011 27 MOTION to Amend/Correct 21 Scheduling Order,by Prison Legal News, HumanRights Defense Center. Response to Motion due by 4/7/2011 (Attachments: # 1Exhibit A −− Current Scheduling Order)Proposed order is being emailed to chamberswith copy to opposing counsel(Dunn, Susan) Modified to add filer listed on documenton 3/21/2011 (asni, ). (Entered: 03/21/2011)

03/21/2011 28 RESPONSE in Opposition re 23 MOTION to Compel Response filed by H WayneDeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, TonyRiley.Reply to Response to Motion due by 3/31/2011 (Attachments: # 1 Memo inSupport, # 2 Table of Contents, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6Exhibit D, # 7 Exhibit E, # 8Exhibit F)(Senn, Sandra) (Entered: 03/21/2011)

03/21/2011 29 AMENDED SCHEDULING ORDER( Plaintiffs ID of Expert Witness due by6/3/2011, Defendants ID of Expert Witnesses Due by 7/5/2011, Records CustodianAffidavit due by 7/5/2011, Discovery due by 9/6/2011, Motion in Limine due by12/12/2011, Motions due by 9/19/2011, Rule 26(a)(3) Disclosures due by11/28/2011, Pretrial Briefs due by 12/29/2011, Jury Selection Deadline 1/3/2012,ADR Statement due by 10/14/2011, Mediation Due by 11/14/2011,) Motionsterminated: granting 27 Consent MOTION to Amend/Correct 21 SchedulingOrder. Signed by Honorable Margaret B Seymour on 3/21/2011. (asni, ) (Entered:03/22/2011)

03/29/2011 30 REPLY to Response to Motion re 23 MOTION to Compel Response filed by HumanRights Defense Center, Prison Legal News. (Attachments: # 1 Affidavit ShapiroDeclaration, # 2 Exhibit A−−Incident Reports, # 3 Exhibit B−−Commissary Forms, #4 Exhibit C−−HFDC 701, # 5 Exhibit D−−Affidavit, # 6 Exhibit E−−Letter, # 7Exhibit F−−Bates stamped documents, # 8 Affidavit Bair Declaration, # 9 ExhibitA−−Curriculum Vitae, # 10 Addendum Unpublished Cases)(Dunn, Susan) (Entered:03/29/2011)

04/08/2011 31 MOTION for Extension of deadline for Motion To Compel by Human Rights DefenseCenter, Prison Legal News. Response to Motion due by 4/25/2011 Proposed order isbeing emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered:04/08/2011)

04/08/2011 32 TEXT ORDER granting 31 Motion for Extension of Time; Plaintiffs deadline formoving to compel as to Plaintiffs Second Set of Requests for Production andThird Set of Interrogatories is hereby extended to May 12, 2011. Signed byHonorable Margaret B Seymour on 4/8/2011.(asni, ) (Entered: 04/08/2011)

04/11/2011 33 NOTICE of Hearing on Motion 23 MOTION to Compel : Motion Hearing set for4/26/2011 03:00 PM before Honorable Margaret B Seymour. This hearing will beconducted via telephone. Plaintiff shall initiate the call and have all parties on the lineprior to contacting the Court at 803−253−3421.(asni, ) (Entered: 04/11/2011)

04/12/2011 34 NOTICE of Appearance by Barbara Murcier Bowens on behalf of United States ofAmerica (Bowens, Barbara) (Entered: 04/12/2011)

04/12/2011 35 MOTION to Intervene by United States of America. Response to Motion due by4/29/2011 (Attachments: # 1 Memo in Support, # 2 Complaint in Intervention)No


















































proposed order(Bowens, Barbara) (Entered: 04/12/2011)

04/13/2011 36 MOTION to Appear Pro Hac Vice by Michael J. Songer by United States of America.Response to Motion due by 5/2/2011 (Attachments: # 1 AffidavitApplication/Affidavit for Pro Hac Admission, # 2 Addendum Certificate of GoodStanding)Proposed order is being emailed to chambers with copy to opposingcounsel(Bowens, Barbara) (Entered: 04/13/2011)

04/14/2011 37 NOTICE of Appearance by William Norman Nettles on behalf of United States ofAmerica (Nettles, William) (Entered: 04/14/2011)


04/19/2011 39 NOTICE of Appearance by Robin Lilley Jackson on behalf of H Wayne DeWitt, JohnDoe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley (Jackson,Robin) (Entered: 04/19/2011)

04/21/2011 40 Consent MOTION for Extension of Time of deadline for Motion to Compel by HumanRights Defense Center, Prison Legal News. Response to Motion due by 5/9/2011Proposed order is being emailed to chambers with copy to opposing counsel(Dunn,Susan) (Entered: 04/21/2011)

04/21/2011 41 TEXT ORDER granting 40 Motion for Extension of deadline for Motion toCompel. Signed by Honorable Margaret B Seymour on 4/21/2011.(asni, ) (Entered:04/22/2011)

04/25/2011 42 RESPONSE to Motion re 35 MOTION to Intervene Response filed by Human RightsDefense Center, Prison Legal News.Reply to Response to Motion due by 5/5/2011(Dunn, Susan) (Entered: 04/25/2011)

04/26/2011 43 Minute Entry. Proceedings held before Honorable Margaret B Seymour:granting 23 Motion to Compel; Motion Hearing held on 4/26/2011 re 23MOTION to Compel filed by Human Rights Defense Center, Prison Legal News.Court Reporter Kathleen Richardson. (mdea ) (Entered: 04/26/2011)

05/02/2011 44 RESPONSE in Support re 35 MOTION to Intervene Response filed by H WayneDeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, TonyRiley. (Attachments: # 1 Certificate of Service)(Jackson, Robin) (Entered: 05/02/2011)

05/02/2011 45 TEXT ORDER granting 35 Motion to Intervene Signed by Honorable MargaretB Seymour on 5/2/2011.(asni, ) (Entered: 05/03/2011)

05/03/2011 46 Intervenor COMPLAINT Pursuant to 42 U.S.C. 14141 and 42 U.S.C. 2000cc. (CivilRights), filed by United States of America. (Bowens, Barbara) (Entered: 05/03/2011)

05/04/2011 47 MOTION for Preliminary Injunction by Human Rights Defense Center, Prison LegalNews. Response to Motion due by 5/23/2011 (Attachments: # 1 Memo in Support, # 2Affidavit (Declaration of Paul Wright), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, #12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Affidavit (Declaration of Toni Bair),# 16 Exhibit A, # 17 Exhibit B, # 18 Exhibit C, # 19 Exhibit D, # 20 Affidavit(Declaration of Aglaia Ovtchinnikova), # 21 Exhibit A, # 22 Exhibit B, # 23 Affidavit(Declaration of David Shapiro), # 24 Exhibit A, # 25 Exhibit B, # 26 Exhibit C, # 27Exhibit D, # 28 Exhibit E, # 29 Exhibit F, # 30 Exhibit G, # 31 Exhibit H, # 32 ExhibitI, # 33 Exhibit J, # 34 Exhibit K, # 35 Exhibit L, # 36 Exhibit M, # 37 Exhibit N, # 38Exhibit O, # 39 Exhibit P, # 40 Exhibit Q, # 41 Exhibit R, # 42 Exhibit S, # 43 ExhibitT, # 44 Exhibit U, # 45 Exhibit V, # 46 Exhibit W, # 47 Affidavit (Declaration ofEmery), # 48 Affidavit (Declaration of Glidden), # 49 Affidavit (Declaration ofHoward), # 50 Affidavit (Declaration of Jackson), # 51 Affidavit (Declaration ofKerce), # 52 Affidavit (Declaration of Mack), # 53 Affidavit (Declaration of McBeth),# 54 Affidavit (Declaration of Singleton), # 55 Affidavit (Declaration of Webster), #56 Addendum (Unpublished Cases))Proposed order is being emailed to chambers withcopy to opposing counsel(Dunn, Susan) (Entered: 05/04/2011)

05/05/2011 48 MOTION to Appear Pro Hac Vice by Amin Aminfar by United States of America.Response to Motion due by 5/23/2011 (Attachments: # 1 Application/Affidavit for ProHac Vice Admission)Proposed order is being emailed to chambers with copy to














































































opposing counsel(Bowens, Barbara) (Entered: 05/05/2011)


05/05/2011 50 AFFIDAVIT in Opposition re 47 MOTION for Preliminary Injunction Affidavit ofSandra J. Senn. (Attachments: # 1 Exhibit Returned mail exhibit)(Jackson, Robin)(Main Document 50 replaced on 5/10/2011) (asni, ). (Entered: 05/05/2011)

05/05/2011 51 AFFIDAVIT in Opposition re 47 MOTION for Preliminary Injunction Affidavit ofPatrick Garrett. (Attachments: # 1 Exhibit Invoices)(Jackson, Robin) (Main Document51 replaced on 5/6/2011) (asni, ). (Entered: 05/05/2011)

05/05/2011 52 AFFIDAVIT in Opposition re 47 MOTION for Preliminary Injunction Affidavit ofKris Jacumin. (Attachments: # 1 Exhibit Tattoo instrument photos)(Jackson, Robin)(Main Document 52 replaced on 5/6/2011) (asni, ). (Entered: 05/05/2011)

05/05/2011 53 AFFIDAVIT in Opposition re 47 MOTION for Preliminary Injunction Affidavit ofDavid Taschner. (Attachments: # 1 Exhibit 2010 work orders, # 2 Exhibit 2011 workorders)(Jackson, Robin) (Main Document 53 replaced on 5/6/2011) (asni, ). (Entered:05/05/2011)

05/06/2011 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of teleconference hearing heldon April 26, 2011, before Judge Margaret B. Seymour. Court Reporter/TranscriberKathleen Richardson, Telephone number/E−mail (803)779−6709 [email protected]. Transcript may be viewed at the court publicterminal or purchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtained through PACER.Parties have 7 calendar days from the filing of the transcript to file with the court aNotice of Intent to Request Redaction.. Redaction Request due 5/27/2011. RedactedTranscript Deadline set for 6/6/2011. Release of Transcript Restriction set for8/4/2011. (kari, ) (Entered: 05/06/2011)

05/06/2011 55 AFFIDAVIT in Opposition re 47 MOTION for Preliminary Injunction Affidavit ofGarrett Harvey. (Attachments: # 1 Exhibit Meridian)(Jackson, Robin) (Entered:05/06/2011)

05/06/2011 56 NOTICE of Hearing on Motion 47 MOTION for Preliminary Injunction : MotionHearing set for 5/16/2011 02:00 PM in Columbia # 5, Matthew J. Perry, Court House,901 Richland St, Columbia before Honorable Margaret B Seymour. (asni, ) (Entered:05/06/2011)

05/09/2011 57 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 5/16/2011 02:00PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbiabefore Honorable Margaret B Seymour. cancelled and rescheduled to: Motion Hearingset for 6/14/2011 10:30 AM in Columbia # 5, Matthew J. Perry, Court House, 901Richland St, Columbia before Honorable Margaret B Seymour. (asni, ) (Entered:05/09/2011)

05/11/2011 58 Second MOTION to Compel Discovery by Human Rights Defense Center, PrisonLegal News. Response to Motion due by 5/31/2011 (Attachments: # 1 Memo inSupport, # 2 Affidavit (Declaration of David Shapiro), # 3 Exhibit A (Plaintiffs'Second Set of Requests for Production), # 4 Exhibit B (Plaintiffs' Third Set ofInterrogatories), # 5 Exhibit C (Defendants' Response to Plaintiffs' Second Set ofRequests for Production), # 6 Exhibit D (Defendants' Response to Plaintiffs' Third Setof Interrogatories), # 7 Exhibit E (March 29, 2011 Letter), # 8 Exhibit F (April 5, 2011Email), # 9 Exhibit G (Defendants' Supplemental Response to Plaintiffs' Second Set ofRequests for Production), # 10 Exhibit H (Defendants' Supplemental Response toPlaintiffs' Third Set of Interrogatories), # 11 Exhibit I (Plaintiffs' Second Set ofRequests for Admission), # 12 Exhibit J (Plainitffs' Third Set of Requests forProduction), # 13 Exhibit K (Defendants' Response to Plaintiffs' Second Set ofRequests for Admission), # 14 Exhibit L (Defendants' Response to Plaintiffs' Third Setof Requests for Production), # 15 Exhibit M (April 18, 2011 Letter), # 16 Exhibit N(April 21, 2011 Email), # 17 Exhibit O (Defendants' Supplemental Response toPlaintiffs' Third Set of Requests for Production), # 18 Exhibit P (April 7, 2011 EmailCorrespondence), # 19 Exhibit Q (Excerpts from April 26, 2011 Hearing), # 20 ExhibitR (Maintenance Records Involving Locks), # 21 Exhibit S (Maintenance Records











































Involving Intercoms), # 22 Addendum (Unpublished Case Cited inMemorandum))Proposed order is being emailed to chambers with copy to opposingcounsel(Dunn, Susan) (Entered: 05/11/2011)

05/23/2011 59 RESPONSE in Support re 47 MOTION for Preliminary Injunction Response filed byUnited States of America. (Attachments: # 1 Exhibit A, Declaration of MichaelSonger, # 2 Exhibit B, Program Statement 5266.10, # 3 Exhibit C, Program Statement5800.16, # 4 Exhibit D, Declaration of John Clark)(Bowens, Barbara) (Entered:05/23/2011)

05/23/2011 60 First MOTION for Extension of Time to File Response/Reply as to 47 MOTION forPreliminary Injunction by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3,John Doe 4, Cliff McElvogue, Tony Riley. Response to Motion due by 6/9/2011Proposed order is being emailed to chambers with copy to opposing counsel(Senn,Sandra) (Entered: 05/23/2011)

05/24/2011 61 TEXT ORDER granting 60 Motion for Extension of Time to File Response/Replyre 47 MOTION for Preliminary Injunction Response to Motion due by 5/27/2011Signed by Honorable Margaret B Seymour on 5/24/2011.(asni, ) (Entered:05/24/2011)

05/24/2011 62 ANSWER to 46 Intervenor Complaint by H Wayne DeWitt, John Doe 1, John Doe 2,John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.(Senn, Sandra) (Entered:05/24/2011)

05/27/2011 63 Consent MOTION for Extension of Time for Expert Report by Human Rights DefenseCenter, Prison Legal News. Response to Motion due by 6/13/2011 (Attachments: # 1Exhibit A −− Current Scheduling Order)Proposed order is being emailed to chamberswith copy to opposing counsel(Dunn, Susan) (Entered: 05/27/2011)

05/27/2011 64 RESPONSE in Opposition re 47 MOTION for Preliminary Injunction Response filedby H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley.Reply to Response to Motion due by 6/6/2011 (Attachments:# 1 Exhibit A, # 2 Exhibit B)(Senn, Sandra) additional attachments entries 65 66 67 6869 70 71 72 on 5/31/2011 (asni, ). (Entered: 05/27/2011)

05/27/2011 65 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit C. (Senn, Sandra) (Main Document 65 replaced on 5/31/2011) (asni, ).Modified at the request of the attorney to replace main document with correct exhibitC on 5/31/2011 (asni, ). (Main Document 65 replaced on 6/1/2011) (asni, ). (Entered:05/27/2011)

05/27/2011 66 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit D. (Senn, Sandra) (Entered: 05/27/2011)

05/27/2011 67 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit E. (Attachments: # 1 Exhibit F)(Senn, Sandra) (Entered: 05/27/2011)

05/27/2011 68 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit G. (Attachments: # 1 Exhibit H, # 2 Exhibit I)(Senn, Sandra) (Entered:05/27/2011)

05/27/2011 69 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit J. (Attachments: # 1 Exhibit K, # 2 Exhibit L)(Senn, Sandra) (Attachment 2replaced on 5/31/2011) (asni, ). Modified at the request of the attorney to replaceattachment 2 with correct exhibit L on 5/31/2011 (asni, ). (Attachment 2 replaced on6/1/2011) (asni, ). (Entered: 05/27/2011)

05/27/2011 70 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit M. (Attachments: # 1 Exhibit N, # 2 Exhibit O, # 3 Exhibit P)(Senn, Sandra)(Entered: 05/27/2011)

05/27/2011 71 Additional Attachments to Main Document 64 Response in Opposition to Motion,Exhibit Q. (Senn, Sandra) (Entered: 05/27/2011)

05/27/2011 72 Additional Attachments to Main Document 64 Response in Opposition to Motion,Unpublished Case 1. (Attachments: # 1 Unpublished Case 2, # 2 Unpublished Case 3,# 3 Unpublished Case 4, # 4 Unpublished Case 5, # 5 Unpublished Case 6)(Senn,


























































Sandra) (Entered: 05/27/2011)

05/31/2011 76 RESPONSE in Opposition re 58 Second MOTION to Compel Discovery Responsefiled by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley.Reply to Response to Motion due by 6/13/2011 (Attachments:# 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Jackson, Robin) Modified to correct filing dateon 6/1/2011 (asni, ). (Entered: 06/01/2011)

06/01/2011 74 TEXT ORDER granting 63 Consent MOTION for Extension of deadline forreport by expert witness ( Plaintiffs ID of Expert Witness due by 6/9/2011,),.Signed by Honorable Margaret B Seymour on 6/1/2011. (asni, ) (Entered:06/01/2011)

06/01/2011 75 DELETION OF DOCKET ENTRY NUMBER 73 Reason: response to request forproduction is part of discovery and only served on opposing counsel not filed with thecourt. Attorney was notified by email he can file a response in opposition to a motionto compel but the document must reflect this event type. (asni, ) (Entered: 06/01/2011)

06/02/2011 78 CONTESTED MOTION to Amend/Correct 29 Amend Scheduling Order by UnitedStates of America. Response to Motion due by 6/20/2011 Proposed order is beingemailed to chambers with copy to opposing counsel(Bowens, Barbara) (Entered:06/02/2011)

06/02/2011 79 AMENDED NOTICE of Hearing on Motion 58 Second MOTION to Compel 47MOTION for Preliminary Injunction : Motion Hearing set for 6/14/2011 10:30 AM inColumbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia beforeHonorable Margaret B Seymour. "Should any party desire to present witnesses at thepreliminary injunction hearing, the party should disclose such witnesses to opposingcounsel no later than 5:00 PM on Tuesday, June 7, 2011."(asni, ) (Entered:06/02/2011)

06/02/2011 80 MOTION for Extension of Time for Response to Discovery Requests by HumanRights Defense Center, Prison Legal News. Response to Motion due by 6/20/2011Proposed order is being emailed to chambers with copy to opposing counsel(Dunn,Susan) (Entered: 06/02/2011)

06/06/2011 81 MOTION for Leave to File Excess Pages (Reply Brief in Support of Motion forPreliminary Injunction) by Human Rights Defense Center, Prison Legal News.Response to Motion due by 6/23/2011 Proposed order is being emailed to chamberswith copy to opposing counsel(Dunn, Susan) (Entered: 06/06/2011)

06/07/2011 82 DELETION OF DOCKET ENTRY NUMBER 82 Reason: Judge must rule on motionto file excess pages before the document can be filed in ECF. (asni, ) (Entered:06/07/2011)

06/07/2011 83 TEXT ORDER granting 81 Motion for Leave to File Excess Pages Signed byHonorable Margaret B Seymour on 6/7/2011.(asni, ) (Entered: 06/07/2011)

06/07/2011 84 REPLY to Response to Motion re 47 MOTION for Preliminary Injunction Responsefiled by Human Rights Defense Center, Prison Legal News. (Attachments: # 1Affidavit (Supplemental Declaration of Toni Bair), # 2 Exhibit 1 to Supplemental BairDeclaration, # 3 Affidavit (Supplemental Declaration of Paul Wright), # 4 Affidavit(Supplemental Declaration of David Shapiro), # 5 Exhibit A to Supplemental ShapiroDeclaration, # 6 Exhibit B to Supplemental Shapiro Declaration, # 7 Exhibit C toSupplemental Shapiro Declaration, # 8 Exhibit D to Supplemental ShapiroDeclaration, # 9 Exhibit E to Supplemental Shapiro Declaration, # 10 Exhibit F toSupplemental Shapiro Declaration, # 11 Exhibit G to Supplemental ShapiroDeclaration, # 12 Exhibit H to Supplemental Shapiro Declaration, # 13 Exhibit I toSupplemental Shapiro Declaration, # 14 Exhibit J to Supplemental ShapiroDeclaration, # 15 Exhibit K to Supplemental Shapiro Declaration, # 16 Exhibit L toSupplemental Shapiro Declaration, # 17 Exhibit M to Supplemental ShapiroDeclaration, # 18 Exhibit N to Supplemental Shapiro Declaration, # 19 Exhibit O toSupplemental Shapiro Declaration, # 20 Affidavit (Declaration of JoannaWright))(Dunn, Susan) (Attachment 17 replaced on 6/9/2011) (mdea, ). (Entered:06/07/2011)





































06/08/2011 85 MOTION for Protective Order by United States of America. Response to Motion dueby 6/27/2011 (Attachments: # 1 Attachment #1, Declaration of Michael J. Songer, # 2Exhibit A, June 7, 2011 Letter)No proposed order(Bowens, Barbara) (Entered:06/08/2011)

06/10/2011 86 TEXT ORDER: With respect to the motion for preliminary injunction set for ahearing on Tuesday, June 14, 2011, the parties are directed to be prepared toaddress their arguments within the framework ofWinter v. Natural ResourcesDefense Council, 555 U.S. 7 (2008).SeeReal Truth About Obama, Inc. v. FEC,575 F.3d 342 (4th Cir. 2009), vacated in part on other grounds, 130 S. Ct. 2371(2010). Directed by Honorable Margaret B Seymour on 06/10/2011. (bshr, )(Entered: 06/10/2011)

06/10/2011 87 REPLY to Response to Motion re 58 Second MOTION to Compel DiscoveryResponse filed by Human Rights Defense Center, Prison Legal News. (Attachments: #1 Affidavit (Supplemental Declaration of David Shapiro), # 2 Exhibit A toSupplemental Shapiro Declaration, # 3 Exhibit B to Supplemental ShapiroDeclaration, # 4 Exhibit C to Supplemental Shapiro Declaration)(Dunn, Susan)(Entered: 06/10/2011)

06/10/2011 88 RESPONSE in Opposition re 80 MOTION for Extension of Time for Response toDiscovery Requests Response filed by H Wayne DeWitt, John Doe 1, John Doe 2,John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.Reply to Response to Motiondue by 6/20/2011 (Jackson, Robin) (Entered: 06/10/2011)

06/10/2011 89 MOTION to Appear Pro Hac Vice by Timothy D. Mygatt by United States ofAmerica. Response to Motion due by 6/27/2011 (Attachments: # 1Application/Affidavit for Pro Hac Vice Admission)Proposed order is being emailed tochambers with copy to opposing counsel(Bowens, Barbara) (Entered: 06/10/2011)


06/14/2011 91 Minute Entry. Proceedings held before Honorable Margaret B Seymour:granting 58 Motion to Compel as to remaining unresolved issues; finding as moot80 Motion for Extension of Time; granting 85 Motion for Protective Order;Motion Hearing held on 6/14/2011 re 58 Second MOTION to Compel Discoveryfiled by Human Rights Defense Center, Prison Legal News, 85 MOTION forProtective Order filed by United States of America, 47 MOTION for PreliminaryInjunction filed by Human Rights Defense Center, Prison Legal News, 80MOTION for Extension of Time for Responses to Discovery Requests filed byHuman Rights Defense Center, Prison Legal News. Court takes 47 MOTION forPreliminary Injunction under advisement, written order forthcoming. CourtReporter Dan Mayo. (mdea ) (Entered: 06/14/2011)

06/15/2011 92 NOTICE of Request for Protection from Court Appearance by Sandra Jane Senn forJuly 20 − 28, 2011 (Senn, Sandra) (Entered: 06/15/2011)

06/15/2011 93 NOTICE of Request for Protection from Court Appearance by Robin Lilley Jacksonfor July 25 − August 1, 2011 (Jackson, Robin) (Entered: 06/15/2011)

06/17/2011 95 MOTION for Leave to File Supplemental Declaration of Paul Wright by Prison LegalNews. Response to Motion due by 7/5/2011 No proposed order(Dunn, Susan)(Entered: 06/20/2011)

06/20/2011 96 DELETION OF DOCKET ENTRY NUMBER 94 Reason: 95 Corrected FilingDocument Number 95 Modified filing date to that of original filing: 6/17/2011Response due date modified to that of original filing: 7/5/2011 (asni, ) (Entered:06/20/2011)

06/20/2011 98 RESPONSE in Opposition re 78 MOTION to Amend/Correct United States' ContestedMotion to Amend the Scheduling Order Response filed by H Wayne DeWitt, John Doe1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.Reply toResponse to Motion due by 6/30/2011 (Attachments: # 1 Affidavit)(Senn, Sandra)(Entered: 06/20/2011)

06/23/2011 99 REPLY to Response to Motion re 78 MOTION to Amend/Correct the SchedulingOrder Response filed by United States of America. (Bowens, Barbara) (Entered:

































06/23/2011)

06/24/2011 100 MOTION for Protective Order regarding deposition of Toni V Bair by Human RightsDefense Center, Prison Legal News. Response to Motion due by 7/11/2011(Attachments: # 1 Exhibit A −− Deposition Transcript Excerpts)Proposed order isbeing emailed to chambers with copy to opposing counsel(Dunn, Susan) (Entered:06/24/2011)

06/27/2011 101 MOTION for Protective Order Regarding Deposition of Paul Wright by Human RightsDefense Center, Prison Legal News. Response to Motion due by 7/14/2011(Attachments: # 1 Exhibit A (Excerpt from Draft Transcript of Deposition of ToniBair), # 2 Addendum −− Unpublished cases)Proposed order is being emailed tochambers with copy to opposing counsel(Dunn, Susan) (Entered: 06/27/2011)

06/30/2011 102 Consent MOTION for Extension of Time for Motions To Compel by Human RightsDefense Center, Prison Legal News. Response to Motion due by 7/18/2011 Proposedorder is being emailed to chambers with copy to opposing counsel(Dunn, Susan)(Entered: 06/30/2011)

06/30/2011 103 Consent MOTION for Extension of Time for Motion to Compel by H Wayne DeWitt,John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.Response to Motion due by 7/18/2011 Proposed order is being emailed to chamberswith copy to opposing counsel(Jackson, Robin) (Entered: 06/30/2011)

06/30/2011 104 RESPONSE in Opposition re 101 MOTION for Protective Order RegardingDeposition of Paul Wright Response filed by H Wayne DeWitt, John Doe 1, John Doe2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.Reply to Response to Motiondue by 7/11/2011 (Attachments: # 1 Exhibit A− News Article)(Senn, Sandra)(Entered: 06/30/2011)

06/30/2011 105 TEXT ORDER granting 78 Motion to Amend/Correct Scheduling Order Signedby Honorable Margaret B Seymour on 6/30/2011.(asni, ) (Entered: 07/01/2011)

06/30/2011 106 AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by9/2/2011, Defendants ID of Expert Witnesses Due by 10/5/2011, RecordsCustodian Affidavit due by 10/5/2011, Discovery due by 12/6/2011, Motion inLimine due by 3/12/2012, Motions due by 12/19/2011, Rule 26(a)(3) Disclosuresdue by 2/28/2012, Pretrial Briefs due by 4/4/2012, Jury Selection Deadline4/9/2012, ADR Statement due by 1/14/2012, Mediation Due by 2/14/2012,. Signedby Honorable Margaret B Seymour on 6/30/2011. (asni, ) (Entered: 07/01/2011)

06/30/2011 107 TEXT ORDER granting 102 Motion for Extension of Deadlines for plaintiff'smotions to compel ; granting 103 Motion for Extension of Deadlines fordefendant's motions to compel. Signed by Honorable Margaret B Seymour on6/30/2011.(asni, ) (Entered: 07/01/2011)

07/01/2011 108 REPLY to Response to Motion re 101 MOTION for Protective Order RegardingDeposition of Paul Wright Response filed by Human Rights Defense Center, PrisonLegal News. (Dunn, Susan) (Entered: 07/01/2011)

07/08/2011 109 RESPONSE in Opposition re 95 MOTION for Leave to File SupplementalDeclaration of Paul Wright Response filed by H Wayne DeWitt, John Doe 1, JohnDoe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.Reply to Response toMotion due by 7/18/2011 (Senn, Sandra) (Entered: 07/08/2011)

07/11/2011 110 RESPONSE in Opposition re 100 MOTION for Protective Order Response filed by HWayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue,Tony Riley.Reply to Response to Motion due by 7/21/2011 (Attachments: # 1 Memoin Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, #7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 ExhibitK)(Senn, Sandra) (Entered: 07/11/2011)

07/13/2011 111 REPLY to Response to Motion re 95 MOTION for Leave to File SupplementalDeclaration of Paul Wright Response filed by Human Rights Defense Center, PrisonLegal News. (Dunn, Susan) (Entered: 07/13/2011)

07/13/2011 112 SURREPLY to Response to Motion re 95 MOTION for Leave to File SupplementalDeclaration of Paul Wright Response filed by H Wayne DeWitt, John Doe 1, John






































Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. (Attachments: # 1Exhibit A)(Jackson, Robin) (Entered: 07/13/2011)

07/18/2011 113 MOTION for Enforcement of the Court's Order of April 26, 2011 re 43 Minute Entrygranting 23 Motion to Compel by Human Rights Defense Center, Prison Legal News.Response to Motion due by 8/4/2011 (Attachments: # 1 Memo in Support, # 2Affidavit −−Declaration of David Shapiro, # 3 Exhibit A−−Excerpts from Plaintiffs'First Set of Requests for Production, # 4 Exhibit B−−Exerpts from Defendants'Response to Plaintiffs' First Set of Requests for Production, # 5 Exhibit C−−Excerptsfrom Defendants' Supplemental Response to Plaintiffs' First Set of Requests forProduction, # 6 Exhibit D−−Excerpts of April 26, 2011 Hearing, # 7 Exhibit E−−May9, 2011 Letter, # 8 Exhibit F−−Affidavit of Defendant DeWitt, # 9 Exhibit G−−Emailcorrespondence)Proposed order is being emailed to chambers with copy to opposingcounsel(Dunn, Susan) (Entered: 07/18/2011)

07/19/2011 114 MOTION to Compel by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, JohnDoe 4, Cliff McElvogue, Tony Riley. Response to Motion due by 8/5/2011(Attachments: # 1 Memo in Support)No proposed order(Jackson, Robin) (Entered:07/19/2011)

07/21/2011 115 REPLY to Response to Motion re 100 MOTION for Protective Order Response filedby Human Rights Defense Center, Prison Legal News. (Attachments: # 1 Affidavit−−Declaration of David Shapiro, # 2 Exhibit A −− Full Deposition Transcript, # 3Exhibit B−−Third Supplemental Response to First Set of Interrogatories, # 4 Exhibit C−− Second Supplemental Response to First Set of Interrogatories, # 5 Exhibit D−−June 29 email from Plaintiffs' counsel, # 6 Exhibit E −− June 8 email from Ms.Morgan, # 7 Exhibit F −− June 8 Email from Plaintiffs' counsel, # 8 Exhibit G −− June8 email from Defendants' counsel, # 9 Addendum −− Unpublished Cases)(Dunn,Susan) (Entered: 07/21/2011)

08/04/2011 116 RESPONSE in Opposition re 114 MOTION to Compel Discovery Response filed byHuman Rights Defense Center, Prison Legal News.Reply to Response to Motion dueby 8/15/2011 (Attachments: # 1 Affidavit −− Declaration of David M. Shapiro, # 2Exhibit A −− Plaintiffs' Response to Defendants Third Set of RFPs, # 3 Exhibit B −−June 30, 2011 email, # 4 Exhibit C −− July 12, 2011 email, # 5 Exhibit D −− Plaintiffs'Response to Defendants First Set of Interrogatories, # 6 Exhibit E −− Plaintiffs'Response to Defendants' Fourth Set of RFPs, # 7 Exhibit F −− June 15, 2011 Emailcorrespondence, # 8 Exhibit G −− Plaintiffs' Supplemental Response to Defendants'Second Set of RFPs, # 9 Affidavit −− Declaration of Lance T. Weber, # 10 Addendum−− Unpublished Case)(Dunn, Susan) (Entered: 08/04/2011)

08/09/2011 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 14,2011, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo,Telephone number/E−mail 803−799−9325. Transcript may be viewed at the courtpublic terminal or purchased through the Court Reporter/Transcriber before thedeadline for Release of Transcript Restriction. After that date it may be obtainedthrough PACER. Parties have 7 calendar days from the filing of the transcript to filewith the court a Notice of Intent to Request Redaction.. Redaction Request due8/30/2011. Redacted Transcript Deadline set for 9/9/2011. Release of TranscriptRestriction set for 11/7/2011. (dmayo, ) (Entered: 08/09/2011)

08/10/2011 118 TEXT ORDER granting 101 Motion for Protective Order. This matter is beforethe court on Plaintiffs' motion for a protective order regarding the deposition ofPaul Wright. Plaintiffs' motion is granted to the extent Defendants intend toquestion Wright regarding familial relationships beyond standard queries as towhether he is married, has children, their ages, and so forth. How and when thechildren were conceived is irrelevant to the issues in the case and will not beallowed. Signed by Honorable Margaret B Seymour on 8/10/2011.(asni, ) (Entered:08/10/2011)

08/10/2011 119 TEXT ORDER granting 95 Motion for Leave to File Supplemental Declaration ofPaul Wright Signed by Honorable Margaret B Seymour on 8/10/2011.(asni, )(Entered: 08/10/2011)

08/10/2011 120 TEXT ORDER granting 113 Motion for Enforcement of the Court's Order ofApril 26, 2011. Defendants shall comply no later than August 19, 2011. Plaintiffsshall provide the court with supporting documentation regarding attorneys' fees











































no later than August 19, 2011. Signed by Honorable Margaret B Seymour on8/10/2011.(asni, ) (Entered: 08/10/2011)

08/10/2011 122 NOTICE of Hearing on Motion 100 MOTION for Protective Order, 114 MOTION toCompel : Motion Hearing set for 8/29/2011 03:00 PM before Honorable Margaret BSeymour. This hearing will be conducted via telephone. Plaintiff shall initiate the calland have all parties on the line prior to contacting the Court at 803−253−3421.(asni, )(Entered: 08/10/2011)

08/10/2011 123 SUPPLEMENTAL DECLARATION by Human Rights Defense Center, Prison LegalNews re 47 MOTION for Preliminary Injunction. (Dunn, Susan) (Entered:08/10/2011)

08/11/2011 124 MOTION to Compel by United States of America. Response to Motion due by8/29/2011 (Attachments: # 1 Exhibit A, First RFP, # 2 Exhibit B, Defs' Resp. to FirstRFP, # 3 Exhibit C, Email from Michael Songer to Robin Jackson, June 30, 2011, # 4Exhibit D, Defendants Supplemental Response, July 20, 2011, # 5 Exhibit E, Emailfrom Michael Songer to Robin Jackson, July 28, 2011, # 6 Exhibit F, Ltr. from AminAminfar to Robin Jackson, August 3, 2011, # 7 Exhibit G, Email from Robin Jacksonto Amin Aminfar, August 3, 2011, # 8 Exhibit H, Notice of Entry to Inspect BCDC,July 19, 2011, # 9 Exhibit I, Email from Sandy Senn to Michael Songer, July 20, 2011,# 10 Exhibit J, Ltr. from Michael Songer to Robin Jackson, Aug. 9, 2011, # 11 ExhibitK, Ltr. from Robin Jackson to Michael Songer, Aug. 10, 2011)No proposedorder(Bowens, Barbara) (Entered: 08/11/2011)

08/12/2011 125 MOTION to Amend/Correct 106 Scheduling Order,, by United States of America.Response to Motion due by 8/29/2011 (Attachments: # 1 Exhibit A, First Request forProduction, # 2 Exhibit B, Request for Entry upon Land, # 3 Exhibit C, SecondRequest for Production, # 4 Exhibit D, noticing two Rule 30(b)(6) deposition notices,# 5 Exhibit E, First set of Interrogatories, # 6 Exhibit F, Email from Sandy Senn toMichael Songer, July 20, 2011, # 7 Exhibit G, Email from Michael Songer to RobinJackson, July 20, 2011, # 8 Exhibit H, Ltr. from Michael Songer to Robin Jackson,Aug. 9, 2011, # 9 Exhibit I, Ltr. from Robin Jackson to Michael Songer, Aug. 10,2011, # 10 Exhibit J, Ltr. from Michael Songer to Robin Jackson, Aug. 11, 2011, # 11Exhibit K, Defs Resp. to First RFP, # 12 Exhibit L, Email from Michael Songer toRobin Jackson, June 30, 2011, # 13 Exhibit M, Defendants Supplemental Response,July 20, 2011, # 14 Exhibit N, Email from Michael Songer to Robin Jackson, July 28,2011, # 15 Exhibit O, Ltr. from Amin Aminfar to Robin Jackson, August 3, 2011)Noproposed order(Bowens, Barbara) (Entered: 08/12/2011)

08/18/2011 126 DECLARATIONbyHuman Rights Defense Center, Prison Legal Newsre 120 Order onMotion for Miscellaneous Relief, (Declaration Regarding Supporting Documentationfor Attorneys' Fees). (Attachments: # 1 Exhibit A −− Curriculum Vitae, # 2 Exhibit B−− National Prison Project Time Record, # 3 Exhibit C −− Lance Weber Time Record,# 4 Exhibit D −− Laffey Matrix)(Dunn, Susan) (Entered: 08/18/2011)

08/19/2011 127 MOTION for Reconsideration re 120 Order on Motion for Miscellaneous Relief, by HWayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue,Tony Riley. Response to Motion due by 9/6/2011 No proposed order(Jackson, Robin)(Entered: 08/19/2011)

08/24/2011 128 RESPONSE in Opposition re 127 MOTION for Reconsideration re 120 Order onMotion for Miscellaneous Relief, Response filed by Human Rights Defense Center,Prison Legal News.Reply to Response to Motion due by 9/6/2011 (Attachments: # 1Affidavit −−Declaration of David Shapiro, # 2 Exhibit A −− Affidavit of SheriffDeWitt, # 3 Exhibit B −− August 17, 2011 Email from Defendants' Counsel toPlaintiffs' Counsel)(Dunn, Susan) (Entered: 08/24/2011)

08/29/2011 129 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 8/29/2011 03:00PM before Honorable Margaret B. Seymour cancelled and rescheduled to: MotionsHearing set for 9/20/2011 02:00 PM before Honorable Margaret B Seymour.***PLEASE NOTE THIS HEARING WILL INCLUDE ALL PENDINGMOTIONS*** This hearing will be conducted via telephone. Plaintiff shall initiate thecall and have all parties on the line prior to contacting the Court at803−253−3421(asni, ) Modified to edit text on 8/29/2011 (asni, ). Modified to edit texton 8/31/2011 (asni, ). (Entered: 08/29/2011)














































09/02/2011 131 MOTION for Extension of Time to File Response/Reply as to 124 MOTION toCompel by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley. Response to Motion due by 9/19/2011 Proposed order isbeing emailed to chambers with copy to opposing counsel(Jackson, Robin) (Entered:09/02/2011)

09/02/2011 132 MOTION for Extension of Time to File Response/Reply as to 125 MOTION toAmend/Correct 106 Scheduling Order by H Wayne DeWitt, John Doe 1, John Doe 2,John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. Response to Motion due by9/19/2011 Proposed order is being emailed to chambers with copy to opposingcounsel(Jackson, Robin) (Entered: 09/02/2011)

09/02/2011 133 RESPONSE in Opposition re 124 MOTION to Compel Response filed by H WayneDeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Human Rights DefenseCenter, Cliff McElvogue, Tony Riley.Reply to Response to Motion due by 9/12/2011(Jackson, Robin) (Entered: 09/02/2011)

09/02/2011 134 RESPONSE in Opposition re 125 MOTION to Amend/Correct 106 Scheduling OrderResponse filed by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4,Cliff McElvogue, Tony Riley.Reply to Response to Motion due by 9/12/2011(Jackson, Robin) (Entered: 09/02/2011)

09/02/2011 135 TEXT ORDER granting 131 Motion for Extension of Time to FileResponse/Reply as to 124 MOTION to Compel ; granting 132 Motion forExtension of Time to File Response/Reply as to as to 125 MOTION toAmend/Correct 106 Scheduling Order Signed by Honorable Margaret BSeymour on 9/2/2011.(asni, ) (Entered: 09/02/2011)

09/02/2011 136 Third MOTION to Compel discovery by Prison Legal News, Human Rights DefenseCenter. Response to Motion due by 9/19/2011 (Attachments: # 1 Memo in Support, #2 Affidavit Fathi Declaration In Support of Memo, # 3 Exhibit Plaintiffs' 4th Set ofRequests for Production to Defendants, # 4 Exhibit Defendants' Responses toPlaintiffs' 4th Fourth of Requests to Produce, # 5 Exhibit Letter from Shapiro toJackson, # 6 Exhibit Email from Shapiro to Jackson, # 7 Exhibit Email from Jacksonto Shapiro, # 8 Exhibit Defendants' Amended Responses to Plaintiffs' 4th Set ofRequests to Produce, # 9 Exhibit Plaintiffs' 4th Set of Interrogatories to Defendants, #10 Exhibit Defendants' Responses to Plaintiffs' Fourth Set of Interrogatories, # 11Exhibit Defendants' Amended Responses to Plaintiffs' 4th Set of Interrogatories, # 12Exhibit Email from Shapiro to Jackson, # 13 Exhibit Email from Jackson to Shapiro, #14 Exhibit Email from Shapiro to Jackson, # 15 Exhibit Defendants' 2nd AmendedResponses to Plaintiffs' 4th Set of Requests to Produce, # 16 UnpublishedCases)Proposed order is being emailed to chambers with copy to opposingcounsel(Dunn, Susan) (Entered: 09/02/2011)

09/02/2011 137 INTERVENOR PLAINTIFF'S ID OF EXPERT WITNESSES by United States ofAmerica.(Bowens, Barbara) (Entered: 09/02/2011)

09/02/2011 130 PLAINTIFF'S ID OF EXPERT WITNESSES by Prison Legal News, Human RightsDefense Center. refiled by the clerk to correct event type.(asni, ) (Entered: 09/02/2011)

09/12/2011 138 REPLY to Response to Motion re 124 MOTION to Compel Response filed by UnitedStates of America. (Attachments: # 1 Exhibit A, USA's Request for Entry Upon Land,# 2 Exhibit B, August 30, 2011 Email, # 3 Exhibit C, September 2, 2011 Letter, # 4Exhibit D, July 12, 2010 Email, # 5 Exhibit E, June 30, 2011 Letter, # 6 Exhibit F,September 6, 2011 Letter)(Bowens, Barbara) (Entered: 09/12/2011)

09/12/2011 139 REPLY to Response to Motion re 125 MOTION to Amend/Correct 106 SchedulingOrder Response filed by United States of America. (Attachments: # 1 Exhibit A,August 26, 2011 Email, # 2 Exhibit B, Plaintiff−Intervenor's Notices of Deposition, #3 Exhibit C, Plaintiff's Notice of Deposition)(Bowens, Barbara) (Entered: 09/12/2011)

09/19/2011 141 SUPPLEMENTAL RESPONSE in Opposition re 124 MOTION to Compel Responsefiled by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley.Reply to Response to Motion due by 9/29/2011 (Jackson,Robin) (Entered: 09/19/2011)

09/19/2011 143 MOTION to Strike 137 Plaintiff's ID of Expert Witnesses by H Wayne DeWitt, JohnDoe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. Response






















































to Motion due by 10/6/2011 (Attachments: # 1 Memo in Support)No proposedorder(Jackson, Robin) (Entered: 09/19/2011)

09/19/2011 144 RESPONSE in Opposition re 136 Third MOTION to Compel Response filed by HWayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue,Tony Riley.Reply to Response to Motion due by 9/29/2011. refiled by the clerk tocorrect event type. (asni, ) (Main Document 144 replaced on 9/20/2011) (asni, ).Modified to replace document at the request of the clerk's office to include pagespreviously omitted on 9/20/2011 (asni, ). (Entered: 09/20/2011)

09/20/2011 145 Minute Entry. Proceedings held via telephone before Honorable Margaret BSeymour: granting 100 Motion for Protective Order; granting in part anddenying in part 114 Motion to Compel; granting 124 Motion to Compel; granting125 Motion to Amend/Correct Scheduling order; denying 127 Motion forReconsideration ; Motion Hearing held on 9/20/2011 re 100 MOTION forProtective Order filed by Human Rights Defense Center, Prison Legal News, 125MOTION to Amend/Correct 106 Scheduling Order filed by United States ofAmerica, 127 MOTION for Reconsideration re 120 Order on Motion forMiscellaneous Relief, filed by H Wayne DeWitt, Tony Riley, John Doe 1, JohnDoe 2, John Doe 4, Cliff McElvogue, John Doe 3, 114 MOTION to Compel filedby H Wayne DeWitt, Tony Riley, John Doe 1, John Doe 2, John Doe 4, CliffMcElvogue, John Doe 3, 124 MOTION to Compel filed by United States ofAmerica. Defendants request permission to take additional deposition of ToniBair − granted as to new information in final report only. Court will review incamera 8 letters discussed in relation to defendants' request for production 17A,plaintiff to provide. Parties to submit proposed amended scheduling order byFriday, 9/23/2011. Attorney fees of $1,795.50 to be awarded to plaintiff pursuantto order 120 . Court Reporter Jenny Williams. (mdea ) (Entered: 09/21/2011)

09/26/2011 147 AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by11/21/2011, Defendants ID of Expert Witnesses Due by 12/21/2011, RecordsCustodian Affidavit due by 12/21/2011, Discovery due by 2/21/2012, Motion inLimine due by 6/1/2012, Motions due by 3/12/2012, Rule 26(a)(3) Disclosures dueby 5/18/2012, Pretrial Briefs due by 6/21/2012, Jury Selection Deadline 6/26/2012,ADR Statement due by 3/30/2012, Mediation Due by 4/30/2012,. Signed byHonorable Margaret B Seymour on 9/26/2011. (asni, ) (Entered: 09/26/2011)

09/29/2011 148 REPLY to Response to Motion re 136 Third MOTION to Compel Response filed byHuman Rights Defense Center, Prison Legal News. (Attachments: # 1 Declaration ofDavid Shapiro, # 2 Exhibit 1 to Shapiro Declaration, # 3 Exhibit 2 to ShapiroDeclaration, # 4 Addendum −− Unpublished Case)(Dunn, Susan) (Entered:09/29/2011)

09/30/2011 150 MOTION for Reconsideration as entry onto Land Should be Governed by Rule 26 (C),not 26 (B) and appropriate limiations should be set and for Clarification re 145 MinuteEntry by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley. Response to Motion due by 10/17/2011 (Attachments: # 1Exhibit PLN 30(b)6, # 2 Exhibit DOJ 30(b)6, # 3 Exhibit DOJ 2nd notice 30(b)6, # 4Exhibit DOJ ltr. Dated Sept 29, 2011, # 5 Exhibit Emails regarding jail tour, # 6Exhibit Unpublished letters)No proposed order(Senn, Sandra) (Entered: 10/04/2011)

10/04/2011 151 DELETION OF DOCKET ENTRY NUMBER 149 Reason: document not signedcorrectly Corrected Filing Document Number 150 Modified filing date to that oforiginal filing: 9/30/2011 Response due date modified to that of original filing:10/17/2011 (asni, ) (Entered: 10/04/2011)

10/04/2011 152 MOTION to Enforce the Court's September 20, 2011 Order re 145 Order on Motionfor Protective Order, Order on Motion to Compel, Order on Motion to Amend/Correct,Order on Motion for Reconsideration, by United States of America. Response toMotion due by 10/21/2011 (Attachments: # 1 Exhibit A, Request for Entry, # 2 ExhibitB, September 29, 2011 Letter from Robin Jackson, # 3 Exhibit C, September 29, 2011Letter from Michael Songer, # 4 Exhibit D, September 2, 2011 Letter from MatthewDonnelly, # 5 Exhibit E, July 21, 2011 Email Re: 30(b)(6) Depositions, # 6 Exhibit F,September 30, 2011 Email Re: Expert Inspection and 30(b)(6), # 7 Exhibit G, July 20,2011 Email Re: Tour and Inspection of BCDC)No proposed order(Bowens, Barbara)(Entered: 10/04/2011)







































10/04/2011 153 UNOPPOSED MOTION to Expedite consideration of 152 MOTION to Enforce theCourt's September 20, 2011 and 150 MOTION for Reconsideration by United Statesof America. Response to Motion due by 10/21/2011 No proposed order(Bowens,Barbara) Modifiedat the request of the attorney to edit text on 10/5/2011 (asni, ).(Entered: 10/04/2011)

10/04/2011 154 RESPONSE in Opposition re 150 MOTION for Reconsideration Response filed byUnited States of America.Reply to Response to Motion due by 10/14/2011(Attachments: # 1 Exhibit A, Request for Entry, # 2 Exhibit B, September 29, 2011Letter from Robin Jackson, # 3 Exhibit C, September 29, 2011 Letter from MichaelSonger, # 4 Exhibit D, September 2, 2011 Letter from Matthew Donnelly, # 5 ExhibitE, July 21, 2011 Email Re: 30(b)(6) Depositions, # 6 Exhibit F, September 30, 2011Email Re: Expert Inspection and 30(b)(6), # 7 Exhibit G, July 20, 2011 Email Re:Tour and Inspection of BCDC)(Bowens, Barbara) (Entered: 10/04/2011)

10/06/2011 155 RESPONSE in Opposition re 143 MOTION to Strike 137 Plaintiff's ID of ExpertWitnesses MOTION to Strike 137 Plaintiff's ID of Expert Witnesses Response filed byUnited States of America.Reply to Response to Motion due by 10/17/2011 (Bowens,Barbara) (Entered: 10/06/2011)

10/11/2011 157 REPLY to Response to Motion re 152 MOTION to Enforce the Court's September 20,2011 Order re 145 Order on Motion for Protective Order, Order on Motion to Compel,,Order on Motion to Amend/Correct, Order on Motion for Reconsideration, Responsefiled by United States of America. (Bowens, Barbara) (Entered: 10/11/2011)

10/11/2011 158 REPLY to Response to Motion re 150 MOTION for Reconsideration Response filedby H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, CliffMcElvogue, Tony Riley. refiled by the clerk at the request of chambers to changeevent type. (asni, ) (Entered: 10/14/2011)

10/12/2011 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. TelephonicMotions Hearing held on 09−20−11, before Judge Margaret B. Seymour. CourtReporter/Transcriber Jenny H. Williams, RPR, Telephone number/E−[email protected] or (803)351−9742. Transcript may be viewed atthe court public terminal or purchased through the Court Reporter/Transcriber beforethe deadline for Release of Transcript Restriction. After that date it may be obtainedthrough PACER. Parties have 7 calendar days from the filing of the transcript to filewith the court a Notice of Intent to Request Redaction. Redaction Request due11/2/2011. Redacted Transcript Deadline set for 11/14/2011. Release of TranscriptRestriction set for 1/10/2012. (jwil, ) (Entered: 10/12/2011)

10/14/2011 160 TEXT ORDER This matter is before the court on motion for clarification andreconsideration of the court's September 20, 2011 order, which motion was filedby Defendants on September 30, 2011 (ECF No. 150). Also before the court is theUnited States' motion to enforce the court's September 20, 2011 order (ECF. No.152), which motion was filed October 4, 2011. The parties jointly request anexpedited ruling (ECF No. 153). The court holds as follows. The United Statesshall be allowed to take two 30(b)(6) depositions; however, the United Statesshould attempt to complete the depositions in less than fourteen hours. TheUnited States also shall be permitted to enter Berkeley County Detention Centerand interview detainees and staff to the extent and in the manner requested in theUnited States' Request for Entry Upon Land served July 19, 2011 (ECF No.152−1). IT IS SO ORDERED. re 150 Motion for Reconsideration 152 Motion toenforce the Court's September 20, 2011 Order 153 Motion to Expedite Signed byHonorable Margaret B Seymour on 10/14/2011.(asni, ) (Entered: 10/14/2011)

10/17/2011 161 Withdrawal of Motions: 143 MOTION to Strike 137 Plaintiff's ID of Expert Witnessesfiled by H Wayne DeWitt, Tony Riley, John Doe 1, John Doe 2, John Doe 4, CliffMcElvogue, John Doe 3.refiled by the clerk to correct event type. (asni, ) (Entered:10/18/2011)

10/19/2011 163 NOTICE of Hearing on Motion 136 Third MOTION to Compel : Motion Hearing setfor 11/1/2011 11:30 AM before Honorable Margaret B Seymour. This hearing will beconducted via telephone. Plaintiff shall initiate the call and have all parties on the lineprior to contacting the Court at 803−253−3421.(asni, ) (Entered: 10/19/2011)






























10/21/2011 164 TEXT ORDER The court having reviewed in camera eight letters provided byPlaintiff in relation to Defendants' Request for Production 17A, concludes thatthe letters are protected by attorney−client privilege. Accordingly, Defendants'motion to compel production of these documents is denied. Signed by HonorableMargaret B Seymour on 10/21/2011. (asni, ) (Entered: 10/21/2011)

10/25/2011 165 Case Reassigned to Judge Honorable Sol Blatt, Jr. Judge Honorable Margaret BSeymour no longer assigned to the case. (glev, ) (Entered: 10/25/2011)

10/27/2011 166 NOTICE of Cancellation of Hearing: motion hearing set for 11/1/2011 at 11:30 am(mdea ) (Entered: 10/27/2011)

11/16/2011 167 ORDER REFERRING CASE to Magistrate Judge Bristow Marchant for pretrialmanagement and consideration of all pretrial motions. Signed by Honorable SolBlatt, Jr on 11/15/2011. Motions referred to Bristow Marchant.(vdru, ) (Entered:11/16/2011)

11/21/2011 169 PLAINTIFF'S ID OF EXPERT WITNESSES by United States of America.(Bowens,Barbara) (Entered: 11/21/2011)

11/29/2011 170 Minute Entry. Proceedings held before Magistrate Judge Bristow Marchant:Status Conference held on 11/29/2011. Status conference held in Judge MarchantsChambers. Susan Dunn on behalf of Plaintiffs, Barbara Bowens on behalf ofintervenor Plaintiff, Sandra Senn on behalf of the Defendants. Attorney GedneyHowe also attending. Parties to provide consent order for mediation by FridayDecember 2, 2011. Parties to advise by no later than December 15, 2011 if consentorder to be entered on motion for injunctive relief. Pending motion to compellikely to be withdrawn − parties to notify the Court. Attorney Howe to notify theCourt if he will be filing an appearance in the case. Court Reporter In chambers.(elac, ) (Entered: 11/29/2011)

12/08/2011 173 Minute Entry. Proceedings held before Magistrate Judge Bristow Marchant:Status Conference held on 12/8/2011. Status conference held in Judge MarchantsChambers. Susan Dunn on behalf of Plaintiff, Barbara Bowens on behalf ofintervenor Plaintiff, Sandra Senn on behalf of the Defendants, attended. AttorneyGedney Howe also attended. David Shapiro on behalf of Plaintiffs, and MichaelSonger on behalf of intervenor Plaintiff, participated by telephone. Shapiro andSonger expressed concerns regarding proceeding with mediation, but agreed tocontinue to pursue discussions with Defendants counsel. The parties were granteduntil Wednesday, December 21, 2011, to file any supplemental materials theywish the Court to consider with regard to Plaintiffs motion for injunctive relief.With regard to Plaintiffs Third Motion to Compel, Defendants agree to producethe material sought by 5:00 p.m on Friday, December 9, 2011. Defendants arealso to produce material ordered to be produced pursuant to Judge Seymoursorder of September 20, 2011 by this same deadline or alternatively providePlaintiffs with an update on the status of the production of this material togetherwith a deadline for doing so. Given the time since Judge Seymours order, theCourt stresses the importance of Defendants expediting the production of thispreviously ordered material. Court Reporter (in chambers). (obri, ) Modified on12/8/2011 to add docket text (cwhi, ). (Entered: 12/08/2011)

12/12/2011 174 TEXT ORDER finding as moot 136 Motion to Compel. See Minute entry (CourtDocket No. 173). Defendants agreed to produce requested material by 5:00 p.m.on Friday, December 9, 2011. If Plaintiffs are dissatisfied with responses received,they may file a new motion to compel addressing any deficiencies. IT IS SOORDERED. Signed by Magistrate Judge Bristow Marchant on 12/12/2011.(elac, )(Entered: 12/12/2011)

12/13/2011 175 NOTICE of Appearance by Gedney M Howe, III on behalf of H Wayne DeWitt(Howe, Gedney) (Entered: 12/13/2011)

12/14/2011 176 MOTION to Quash by H Wayne DeWitt. Response to Motion due by 1/3/2012(Attachments: # 1 Memo in Support, # 2 Exhibit 1 − DeWitt Notice of Deposition, # 3Exhibit 2 − Howe ltr 12−8−11, # 4 Exhibit 3 − Shapiro email 12−8−11)No proposedorderMotions referred to Bristow Marchant.(Howe, Gedney) (Entered: 12/14/2011)











12/14/2011 177 RESPONSE in Opposition re 176 MOTION to Quash Response filed by HumanRights Defense Center, Prison Legal News.Reply to Response to Motion due by12/27/2011 (Attachments: # 1 Affidavit −− Declaration of David M. Shapiro, # 2Exhibit A −− November 21 Letter, # 3 Exhibit B −− Subpoena, # 4 Addendum −−Unpublished Cases)(Dunn, Susan) (Entered: 12/14/2011)

12/14/2011 178 RESPONSE in Opposition re 176 MOTION to Quash Response filed by United Statesof America.Reply to Response to Motion due by 12/27/2011 (Attachments: # 1 ExhibitA, Excerpt from Deposition Transcript of Cliff McElvogue)(Bowens, Barbara)(Entered: 12/14/2011)

12/14/2011 179 MOTION to Compel by Human Rights Defense Center, Prison Legal News. Responseto Motion due by 1/3/2012 Proposed order is being emailed to chambers with copy toopposing counselMotions referred to Bristow Marchant.(Dunn, Susan) (Entered:12/14/2011)

12/15/2011 180 ORDER granting in part and denying in part 176 Motion to Quash. Details setforth in Order. Signed by Magistrate Judge Bristow Marchant on12/15/2011.(cwhi, ) (Entered: 12/15/2011)

12/15/2011 181 AMENDED ORDER granting in part and denying in part 176 Motion to Quash.Amended to correct scrivener's error. Signed by Magistrate Judge BristowMarchant on 12/15/2011. (cwhi, ) (Entered: 12/15/2011)

12/16/2011 182 Consent MOTION to Amend/Correct 173 Telephone Conference,,,,,, SupplementalBriefing Schedule by United States of America. Response to Motion due by 1/6/2012No proposed orderMotions referred to Bristow Marchant.(Bowens, Barbara) (Entered:12/16/2011)

12/19/2011 183 TEXT ORDER granting 182 Motion to Amend/Correct. The parties to submitsupplemental materials on December 23, 2011. Signed by Magistrate JudgeBristow Marchant on 12/19/2011.(elac, ) (Entered: 12/19/2011)

12/21/2011 184 AFFIDAVIT of Records Custodian by H Wayne DeWitt, John Doe 1, John Doe 2,John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. (Attachments: # 1Exhibit)(Jackson, Robin) (Entered: 12/21/2011)

12/21/2011 185 DEFENDANT'S ID OF EXPERT WITNESSES by H Wayne DeWitt, John Doe 1,John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley.(Jackson, Robin)(Entered: 12/21/2011)

12/23/2011 186 MOTION FOR PRELIMINARY INJUNCTION − Superseding 47 MOTION forPreliminary Injunction (Supplemental Brief in Support of Motion) Motion filed byHuman Rights Defense Center, Prison Legal News. (Attachments: # 1 Affidavit −−Declaration of Paul Wright, # 2 Exhibit A −− Rejection Notices, # 3 Exhibit B −−Letters from Sgt. Jacumin, # 4 Affidavit −− Declaration of David Shapiro, # 5 ExhibitA −− McElvogue Deposition Excerpts, # 6 Exhibit B −− Riley Deposition Excerpts, #7 Exhibit C −− Nov. 2, 30(b)(6) Deposition Excerpts, # 8 Exhibit D −− Nov. 30(b)(6)Deposition Excerpts, # 9 Exhibit E −− Taschner Deposition Excerpts, # 10 ExhibitF−−Garrett Deposition Excerpts, # 11 Exhibit G −− Harvey Deposition Excerpts, # 12Exhibit H −− October 7, 2011 Letter, # 13 Exhibit I −− October 21, 2011 Letter, # 14Exhibit J −− Incident Reports, # 15 Exhibit K −− Mail Log Excerpts, # 16 Exhibit L−− Selected Leach Emails, # 17 Exhibit M −− Defendants' Response to Third Set ofRequests for Admission, # 18 Exhibit N −− Incident Report, # 19 Exhibit O −− Emailfrom Robin Jackson to Sgt. Jacumin, # 20 Exhibit P −− Mail Log Notation, # 21Exhibit Q −− Berkeley County Website Information, # 22 Exhibit R −− Response toDetainee Appeal, # 23 Exhibit S −− Bair Report, # 24 Exhibit T −− Clark Report, # 25Exhibit U −− Aiken Report, # 26 Addendum −− Unpublished Cases)(Dunn, Susan)Modified on 1/3/2012 to correct event type (rpol, ). (Entered: 12/23/2011)

12/23/2011 187 Consent MOTION for Leave to File Response to Supplemental memorandum insupport of Preliminary Injunction by H Wayne DeWitt, John Doe 1, John Doe 2, JohnDoe 3, John Doe 4, Cliff McElvogue, Tony Riley. Response to Motion due by1/9/2012 Proposed order is being emailed to chambers with copy to opposingcounselMotions referred to Bristow Marchant.(Jackson, Robin) (Entered: 12/23/2011)

12/23/2011 188 RESPONSE in Support re 186 (superseding 47 MOTION for Preliminary Injunction).Response filed by United States of America. (Attachments: # 1 Exhibit 1, Michael






















































Songer Declaration, # 2 Supporting Documents Exhibit A, Hill Finklea DetentionCenter Inmate Correspondence Policy, Revised 12/09/11, # 3 Supporting DocumentsExhibit B, Hill Finklea Detention Center Inmate Correspondence Policy, Effective5/12/11, # 4 Supporting Documents Exhibit C, Expert Report James E. Aiken, # 5Supporting Documents Exhibit D, Deposition of Clifford E. McElvogue, # 6Supporting Documents Exhibit E, Deposition of Tony Allen Riley, # 7 SupportingDocuments Exhibit F, Deposition Excerpts of Kris Jacumin, November 2, 2011, # 8Supporting Documents Exhibit G, Deposition of Garrett Harvey, # 9 SupportingDocuments Exhibt H, Deposition of Patrick Garrett, # 10 Supporting DocumentsExhibit I, Deposition Excerpts of David Taschner, # 11 Supporting Documents ExhibitJ, Deposition Excerpts of Kris Jacumin, November 3, 2011, # 12 SupportingDocuments Exhibit K, E−mails from Donald Leach, II re: staples in jail, # 13Supporting Documents Exhibit L, Defendant Dewitts Response to U.S. First Requeststo Admit, # 14 Supporting Documents Exhibit M, Declaration of Bryan Bush, # 15Supporting Documents Exhibit N, Expert Report of John L. Clark)(Bowens, Barbara)Modified on 1/3/2012 to add document link (rpol, ). (Entered: 12/23/2011)

12/23/2011 189 MOTION for Summary Judgment on Plaintiffs' Claims by H Wayne DeWitt, JohnDoe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. Responseto Motion due by 1/9/2012 (Attachments: # 1 Memo in Support, # 2 Exhibit LeachExpert Report, # 3 Exhibit Wright Deposition Transcript, # 4 Exhibit Exhibits toWright Deposition, # 5 Exhibit Jacumin Affidavit, # 6 Exhibit Exhibits A−I ofJacumin Affidavit, # 7 Exhibit Exhibits J−S of Jacumin Affidavit, # 8 Exhibit JacuminDeposition 1, # 9 Exhibit Jacumin Deposition 2, # 10 Exhibit Deland Expert Report, #11 Exhibit Letter from David M. Shapiro)No proposed orderMotions referred toBristow Marchant.(Senn, Sandra) (Entered: 12/23/2011)

01/03/2012 190 RESPONSE in Opposition re 179 MOTION to Compel Response filed by H WayneDeWitt, John Doe 1, John Doe 2, John Doe 3, John Doe 4, Cliff McElvogue, TonyRiley.Reply to Response to Motion due by 1/13/2012 (Jackson, Robin) (Entered:01/03/2012)

01/03/2012 192 TEXT ORDER granting 187 Motion for Leave to File. Signed by MagistrateJudge Bristow Marchant on 01/03/2012.(elac, ) (Entered: 01/03/2012)

01/05/2012 194 Consent MOTION for Extension of Time to File Response/Reply as to 189 MOTIONfor Summary Judgment on Plaintiffs' Claims by Prison Legal News. Response toMotion due by 1/23/2012 Proposed order is being emailed to chambers with copy toopposing counselMotions referred to Bristow Marchant.(Dunn, Susan) (Entered:01/05/2012)

01/06/2012 195 ORDER granting 194 Motion for Extension of Time to File Response/Reply re189 MOTION for Summary Judgment on Plaintiffs' Claims. Response to Motiondue by 2/6/2012. Signed by Magistrate Judge Bristow Marchant on1/6/2012.(cwhi, ) (Entered: 01/06/2012)

01/06/2012 196 RESPONSE in Support re 136 Third MOTION to Compel Plaintiffs' Third Motion toCompel Discovery Reply Brief in Support of Plaintiffs' Renewed Motion to CompelDiscovery Response filed by Prison Legal News. (Attachments: # 1 AffidavitDeclaration of Jennifer Wedekind, # 2 Affidavit Declaration of David Fathi, # 3Exhibit Exhibit 1 to Fathi Declaration)(Dunn, Susan) (Entered: 01/06/2012)

01/11/2012 198 Joint MOTION for Entry of Consent Injunction by United States of America, PrisonLegal News, Human Rights Defense Center,H Wayne Dewitt. Response to Motion dueby 1/30/2012 (Attachments: # 1 Proposed Consent Inunction)Proposed order is beingemailed to chambers with copy to opposing counsel. .(Bowens, Barbara) Modified on1/12/2012 to remove referral Judge. Motion is no longer referred. (cwhi, ). Modifiedon 1/12/2012 to add filers listed on document (cwhi, ). (Entered: 01/11/2012)

01/12/2012 199 DELETION OF DOCKET ENTRY NUMBER 197 Reason: Filed in error by filinguser. Corrected Filing Document Number 198 . (cwhi, ) (Entered: 01/12/2012)

01/13/2012 201 ORDER granting 198 Motion for Entry of Consent Injunction. Details set forth inOrder. Signed by Honorable Sol Blatt, Jr on 1/13/2012.(cwhi, ) (Entered:01/13/2012)














































01/13/2012 202 NOTICE of Settlement by Prison Legal News (Attachments: # 1 Exhibit Settlementagreement)(Dunn, Susan) (Entered: 01/13/2012)

02/23/2012 204 MOTION to Withdraw as Attorney by United States of America. Response to Motiondue by 3/12/2012 No proposed orderMotions referred to Bristow Marchant.(Bowens,Barbara) (Entered: 02/23/2012)

02/28/2012 205 ORDER granting 204 Motion to Withdraw as Attorney. Signed by MagistrateJudge Bristow Marchant on 2/28/2012.(cwhi, ) (Entered: 02/28/2012)

10/01/2012 207 MOTION to Withdraw as Attorney (David M. Shapiro) by Human Rights DefenseCenter, Prison Legal News. Response to Motion due by 10/18/2012. Proposed order isbeing emailed to chambers with copy to opposing counsel.Motions referred to BristowMarchant.(Dunn, Susan) (Entered: 10/01/2012)

10/02/2012 208 ORDER granting 207 Motion to Withdraw as Attorney. Signed by MagistrateJudge Bristow Marchant on 10/2/2012.(cwhi, ) (Entered: 10/02/2012)

11/06/2013 210 MOTION to Appear Pro Hac Vice by Carl Takei ( Filing fee $ 250 receipt number0420−5025323) by Prison Legal News. Response to Motion due by 11/25/2013.(Attachments: # 1 Affidavit of Carl Takei)Proposed order is being emailed tochambers with copy to opposing counsel.Motions referred to Bristow Marchant.(Dunn,Susan) (Additional attachment(s) added on 11/7/2013: # 2 Certificate of GoodStanding) (cwhi, ). (Entered: 11/06/2013)

11/07/2013 211 ORDER granting 210 Motion to Appear Pro Hac Vice. Signed by MagistrateJudge Bristow Marchant on 11/7/2013.(cwhi, ) (Entered: 11/07/2013)

03/18/2014 212 MOTION Termination of Injunction re 201 Order on Motion for Miscellaneous Reliefand request for Expedited Hearing by H Wayne DeWitt, John Doe 1, John Doe 2,John Doe 3, John Doe 4, Cliff McElvogue, Tony Riley. Response to Motion due by4/4/2014. (Attachments: # 1 Memo in Support)No proposed order.Motions referred toBristow Marchant.(Jackson, Robin) (Entered: 03/18/2014)

04/01/2014 213 RESPONSE in Support re 212 MOTION Termination of Injunction re 201 Order onMotion for Miscellaneous Relief and request for Expedited Hearing Response filed byPrison Legal News, United States of America. (Bowens, Barbara) (Entered:04/01/2014)

04/18/2014 214 ORDER granting 212 Motion for Termination of Injunction. It is hereby orderedthat the Consent Injunction is terminated, and this matter is ended withprejudice. Signed by Honorable Sol Blatt, Jr on 4/16/2014.(cwhi, ) (Entered:04/18/2014)

04/28/2014 215 MOTION for Extension of Time by Prison Legal News. Response to Motion due by5/15/2014. Proposed order is being emailed to chambers with copy to opposingcounsel.Motions referred to Bristow Marchant.(Dunn, Susan) (Main Document 215replaced on 4/29/2014) (cwhi, ). Modified on 4/29/2014 to replace document withcorrected signature as provided by the filing user. (cwhi, ). (Entered: 04/28/2014)

04/30/2014 216 ORDER granting 215 Motion for Extension of Time. Plaintiff Prison Legal Newsshall file their petition and application for attorney's fees and costs on or beforeJuly 2, 2014. Signed by Honorable Sol Blatt, Jr on 4/29/2014.(vdru, ) (Entered:04/30/2014)

07/02/2014 217 MOTION for Attorney Fees by Prison Legal News. Response to Motion due by7/21/2014. (Attachments: # 1 Supporting Documents List of exhibits, # 2 Affidavit FeeDeclaration of Fathi, # 3 Exhibit Fathi's Resume, # 4 Exhibit Shapiro's Resume, # 5Exhibit Takei's Resume, # 6 Exhibit Summary of Time records, # 7 Exhibit LaffeyMatrix, # 8 Exhibit Letter from Shapiro and Songer to Jackson (4/3/12), # 9 ExhibitLetter from Shapiro and SOnger to JAckson (4/5/12), # 10 Exhibit Letter from Shapiroand Songer to Jackson 4/12/12, # 11 Exhibit Email Jackson to Shapiro and Songer4/17/12, # 12 Exhibit Letter from Shapiro and SOnger to Jackson 5/1/12, # 13 ExhibitLetter Songer to Jackson 8/7/12, # 14 Exhibit letter Fathi to Jackson 11/16/12, # 15Exhibit Letter Fathi to Jackson 12/13/12, # 16 Exhibit Letter Songer to Jackson6/26/13, # 17 Exhibit Letter Fathi to Jackson 10/15/13, # 18 Exhibit Letter Jackson toSonger and Fathi 10/8/13, # 19 Affidavit Dunn declaration, # 20 Exhibit Dunn TimeSummary, # 21 Affidavit Weber Declaration, # 22 Exhibit Weber Resume, # 23


















































Exhibit Weber time summary)Proposed order is being emailed to chambers with copyto opposing counsel.(Dunn, Susan) Modified on 7/7/2014 to edit docket text as motionno longer referred (cwhi, ). (Entered: 07/02/2014)

07/18/2014 219 Consent MOTION for Extension of Time to File Response/Reply as to 217 MOTIONfor Attorney Fees by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe 3, JohnDoe 4, Cliff McElvogue, Tony Riley. Response to Motion due by 8/4/2014. Noproposed order. (Jackson, Robin) Modified to edit text as motion is no longer referredon 7/22/2014 (ssam, ). (Entered: 07/18/2014)

07/22/2014 221 TEXT ORDER granting 219 Motion for Extension of Time to FileResponse/Reply re 217 MOTION for Attorney Fees . It is ordered that theDefendants shall have a 21 day extension until August 11, 2014 to file their replyto Plaintiffs petition for attorneys fees and costs. Response to Motion due by8/11/2014. Entered at the Direction of The Honorable Sol Blatt, Jr on7/22/2014.(vdru, ) (Entered: 07/22/2014)

08/11/2014 222 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Petitionfor Attorneys' Fees and Costs by H Wayne DeWitt, John Doe 1, John Doe 2, John Doe3, John Doe 4, Cliff McElvogue, Tony Riley. Response to Motion due by 8/28/2014.No proposed order.Motions referred to Bristow Marchant.(Jackson, Robin) (Entered:08/11/2014)

08/12/2014 223 TEXT ORDER granting 222 Defendant's Motion for Extension of Time to FileResponse re 217 Plaintiff's MOTION for Attorney Fees . Defendant's Response toMotion due by 8/14/2014. Entered at the Direction of The Honorable Sol Blatt, Jron 8/12/2014.(vdru, ) (Entered: 08/12/2014)

08/14/2014 224 ORDER DISMISSING CASE without costs and without prejudice to the right ofeither party, upon good cause shown within sixty (60) days, to reinstate the actionif settlement is not consummated. Signed by Honorable Sol Blatt, Jr on 8/14/2014.(vdru, ) (Entered: 08/14/2014)








