UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

)

KIMBERLY CONNOR, on behalf of herself )

and on behalf of others similarly situated, )

Plaintiffs

)

)

v.

)

)

PLYMOUTH COUNTY, et aI.,

)

Defendants

)

-----------------------------)

Civil Action No. 00-10835-RBC

SETILEMENT AGREEMENT

I. INTRODUCTION

The parties, by counsel, have entered into this SettlementAgreement, which they

submit to the Court for approval. This agreement provides for the defendants to settle

the plaintiffs' claims for $1.35 million, to be shared among participating class members

after payment of class representative bonuses, administration and litigation expenses,

and attorney's fees.

II. BACKGROUND

1. The plaintiffs filed this action on May 1, 2000.

2. On September 21, 2001, this Court certified this case as a class action

pursuant to Fed.R.Civ.P. 23(b)(3), with the following sub-classes:

a. Marshfield Sub-Class: women who were taken to the Plymouth County Regional Lockup Facility located in the Marshfield Police Station for detention and strip searched without determining whether there was individualized reasonable suspicion for the strip search; and/or

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b. PCCF Sub-Class: women who were taken to the Plymouth County Correctional Facility for arraignment where they were strip searched without determining whether there was individualized reasonable suspicion for the strip search.
3. The Marshfield sub-class period runs from May 20, 1997, when the facility opened, through January 31, 2000, the last day before the county implemented a written policy ending automatic strip searches. The PCCF sub-class period runs from February 23, 1998, when the arraignment session began there, through October 11, 1999, the last day before a written notation was made in the matron's log that pre-arraignment strip searches would no longer take place.
4. For the purposes of this case, the term "strip search" includes any exposure or observation of a portion of a person's body where that person had a reasonable expectation of privacy.
5. After the class was certified, an approved class action notice was sent to every potential class member at her last known address. Eight class members asked to be excluded by the deadline. They will not be sent settlement notices. III. COURT SUPERVISION
6. The Court will retain jurisdiction over the settlement and may enter orders as appropriate to enforce it, to adjudicate the rights and responsibilities of the parties, and to effect fair and orderly administration.
7. Any deadlines, dates, or other details in this Settlement Agreement may be changed by the Court on a showing of good cause.
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IV. HEARING 8. The Court will hold a hearing on October 31, 2003 to decide whether to
grant preliminary approval to the settlement. If preliminary approval is granted, the parties will begin to implement the settlement. The defendants will make their payment, and the plaintiffs will send the approved notice to the class.
9. The Court will hold the final fairness hearing to decide whether to grant final approval to the settlement. V. ESTABLISHMENT OF THE FUNDS
10. The defendants, collectively, will pay one million three hundred and fifty thousand dollars ($1,350,000.00) to settle all claims brought by the plaintiffs in this action.
11. The defendants will each pay their respective share of the settlement amounts by check made out to the "Connor Settlement Fund" and delivered to class counsel no later than 12:00 noon on the seventh day following the Court's order granting preliminary approval.
12. If any defendant does not pay all or part of its obligation on time, the amount owed by that defendant will accrue interest at the rate of 12% per year, compounded daily. The obligation to pay interest will apply only to the defendant that failed to pay its obligation in full. Interest will only apply to the unpaid portion of the defendants' obligation.
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---------------------------~-- ---
13. Class counsel will deposit the money into two interest-earning escrow accounts at LaSalle Bank National Association (135 South LaSalle Street, Suite 1960, Chicago, Illinois). Of the money, 70.59% ($952,965) will be deposited for the Marshfield sub-class; the principal plus all accrued interest will comprise the "Marshfield Fund." The remaining 29.41 % ($397,035) will be deposited for the PCCF sub-class; the principal plus all accrued interest will comprise the "PCCF Fund." These percentages are based on the formula agreed to in mediation. These funds will be invested in the Dreyfus Government Cash Management Fund or other money market funds similarly composed of instruments secured by the full faith and credit of the United States.
14. If the Court does not give final approval to the settlement, the plaintiffs will return the amounts paid to the defendants.
15. If the Court does approve the settlement, the Marshfield Fund and the PCCF Fund will belong to the plaintiffs, and the defendants will no longer have any right to, title to, or interest in the funds. VI. CLAIMS ADMINISTRATOR AND SPECIAL MASTER
16. Class counsel will recommend that the firm of Blackman Kallick Bartelstein LLP (300 South Riverside Plaza, Suite 660, Chicago, Illinois) be approved by the Court as Claims Administrator.
17. Class counsel recommends that attorney Robert J. Berks (Brockton,
Massachusetts) be approved by the Court as Special Master for the purpose of hearing
4

appeals of decisions by the claims administrator regarding class membership and for distributing checks to class members who elect to pick up their checks.
18. Class counsel will oversee settlement administration and will provide direction to the Claims Administrator and Special Master as needed. VII. NOTICE, OBJECTIONS, AND CLAIMS
19. Class counsel will send a Notice of Class Action Settlement and of the Hearing to Approve the Settlement ("Notice of Settlement"), a Settlement Claim Form, a Frequently Asked Questions sheet, and a confirmation card, by first class mail postage prepaid to all potential class members at their last known addresses no later than 21 days after the Court's order granting preliminary approval. If any mail is returned by the post office with notice of a more current address, class counsel will resend the notice to that address. Class counsel is not required to make any further efforts to send mail directly to class members.
20. The Notice of Settlement will include the terms of the settlement and the class member's right to contest the settlement. The proposed Notice of Settlement is attached as Exhibit A.
21. The Settlement Claim Form requests the class member's contact information, affirmation that she meets the class definition, instructions for check delivery, and a Form W-9. The proposed Settlement Claim Form and Form W-9 is attached as Exhibit B.
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22. The confirmation card, if properly completed by the claimant, will be datestamped and remaileduponreceiptbytheClaimsAdministrator.This will inform class members that their Settlement Claim Form was received by the Claims Administrator.
23. The Frequently Asked Questions sheet will explain the settlement terms and answer anticipated questions. This form is attached as Exhibit C.
24. Class counsel will also publish notice of the settlement in The Brockton Enterprise. This notice is attached as Exhibit D.
25. In order for a class member to claim a share of the settlement, she must submit a valid and complete Settlement Claim Form postmarked no later than 90 days after the Court's order granting preliminary approval. This deadline is the "Claims Deadline. "
26. In order for a class member to object to the proposed settlement, she must first submit to the Claims Administrator a letter of objection postmarked no later than 90 days after the Court's order granting preliminary approval. She must then appear in person or through counsel at the final fairness hearing to have her objection considered by the Court. The Claims Administrator will forward all letters of objection to the Court and to counsel for all parties. (The class member must also submit a Settlement Claim Form if she wishes to be eligible to share in the settlement should it be approved despite her objection.)
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27. Settlement Claim Forms received by the Claims Administrator no later than 14 days after the Claims Deadline will be treated as if postmarked by the Claims Deadline. This 14-day grace is the Amnesty Period.
28. In order for a class member to file a claim after the expiration of the Amnesty Period, she must petition directly to the Court for permission to file late and must establish excusable neglect. The Court will consider only petitions received by the Court no more than 30 days after the Amnesty Period. VIII. APPROVAL AND APPEALS
29. The Claims Administrator will verify whether each claimant is a class member by confirming (a) that her Settlement Claim Form is timely and valid, (b) that the information on the form is consistent with the booking information provided by the defendants, and (c) that she affirms that she meets the class definition.
30. For any claimant who cannot be verified as a class member, the Claims Administrator will send a Notice of Claim Denial to the claimant no more than 14 days after the Court grants final approval of the settlement.
31 . In order to object to the Claims Administrator's determination that she is not a class member, a claimant must file a written appeal to the Special Master postmarked no later than 14 days after the date of the mailing of her Notice of Claim Denial. She must include a written statement and documentation that shows that she is a class member. The evidence may include her criminal offender's record information (CORI) or certified Court documents from her criminal case. A claimant who has used
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an alias must prove that she used such an alias. The Special Master may rule using the documentary evidence or may require the class member to attend a hearing. The Special Master will make a determination on any appeals no later than 30 days after the deadline for class members to file such appeals. The Special Master will report the determination to the Claims Administrator and class counsel. The Claims Administrator will inform the class members of the Special Master's determination. Rulings by the Special Master will be final and binding.
32. The Claims Administrator will send a Notice of Claim Approval and SubClass Membership ("Notice of Claim Approval") to each approved claimant no more than 14 days after the Court grants final approval of the settlement. The Notice of Claim Approval will tell each claimant her membership status in each sub-class and an estimate of her settlement amount.
33. A class member may contest a decision that she is a member of only one sub-class. In order to do so, she must file a written appeal to the Special Master postmarked no later than 14 days after the date of the mailing of her Notice of Claim Approval. She must include a written statement and documentation that shows that she is a member of the other sub-class. A claimant who has used an alias must prove that she used the alias. The Special Master may rule using just the documentary evidence or may require the class member to attend a hearing. The Special Master will make a determination on each woman's appeal no later than 60 days after the deadline for class members to file such appeals. The Special Master will report the determination to the
8

Claims Administrator and class counsel; the Claims Administrator will inform the class member in writing of the Special Master's determination. Rulings by the Special Master will be final and binding. Each claimant who loses such an appeal will be penalized at the time of settlement distribution by a deduction of 20% of the amount of her award. The deducted amount will be redistributed amongst members of the sub-class who did not lose appeals.
34. Ifany claimants successfully appeal claim denial or get permission from the Court to file a claim after the Claims Deadline, they will go through a similar but expedited process of class membership determination, notification, and opportunity to appeal. The Claims Administrator will set reasonable deadlines to balance fairness to the late claimant with the interest of class members in a prompt distribution. IX. EXPENSES AND ATTORNEY'S FEES
35. Administrative costs, including the Claims Administrator's fees and expenses and the Special Masters' fees and expenses, will be paid from the settlement funds subject to approval by the Court. Class counsel will submit requests for the approval of such costs from time to time.
36. Class counsel will ask the Court to approve payment of plaintiffs' litigation expenses from the settlement funds to be paid at the same time as the distribution of the settlement funds to the class members.
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37. Class counsel will ask the Court to approve an attorney's fee of 31 % of the defendants' total payment and all accrued interest, to be calculated and paid at the same time as the distribution of the settlement funds to class members.
38. Administrative costs, litigation expenses, and attorney's fees will be paid in the followng proportion: 70.59% will be paid from the Marshfield Fund and 29.41 % will be paid from the PCCF Fund. X. DISTRIBUTION TO CLASS MEMBERS
39. The Claims Administrator will pay bonuses from the settlement funds to compensate class representatives and one class member who spent time working with class counsel and attended the mediation to achieve the settlement. These checks will be issued at the same time as payments to class members. Class representatives will each receive bonuses of $7,500. Class member Aisling Sutton will receive a bonus of $3,500 for participating in the mediation. Of these bonuses, 70.59% will be paid from the Marshfield Fund and 29.41 % will be paid from the PCCF Fund.
40. The Claims Administrator will make a final calculation of distribution amounts after all appeals have been resolved.
41. The Claims Administrator will calculate the amount of money in each settlement fund available to be distributed to class members after payment of bonuses, administrative costs, litigation expenses, and attorney's fees, and after setting aside a Court-approved amount to pay for post-distribution administrative costs. The Claims
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------------------------------ -~~ ~~ - - -
Administrator will calculate each participating class member's share by dividing the available Marshfield Fund money equally amongst the participating Marshfield sub-class members and the available PCCF Fund money equally amongst the participating PCCF Fund sub-class members.
42. Each class member's check will be made payable only in her name or in the name of her estate. The check will be mailed to her or will be held for her to pick up at the office of the Special Master.
43. If a participating class member asks to pick up her check or does not provide a mailing address, or if the settlement check is returned as undeliverable, the class member will be required to appear in person before the Special Master to present verification of her identity.
44. The Special Master will determine the time and place for pickup. Participating class members who pick up a check in person must present one of the following forms of identification to establish their identity: (a) a driver's license or a state identification card, (b) a passport or a green card, or (c) some other photographic identification card not readily subject to forgery such as a military or student identification card. Other forms of similarly reliable identification may be considered by the Special Master.
II

45. If a participating class member is confined in a prison, hospital, or other institution and has provided the address of such institution for her payment, the settlement check will be sent to that address. XI. POST-DISTRIBUTION ADMINISTRATION
46. Class members will be informed that all settlement checks must be cashed within 90 days. If any settlement check is not cashed or not claimed by the time the settlement fund accounts are closed, which will be more than 90 days after the date of distribution, the funds will be sent to the State Treasury in accordance with the Massachusetts Abandoned Property Act. The class member or her legal representative may later claim the money from the Treasurer pursuant to 960 C.M.R. 4.04.
47. LaSalle Bank will prepare all 1099s for class members who received a settlement check during the bank's next regular tax-form processing period following the distribution. The Claims Administrator will prepare all other necessary tax forms relating to the settlement fund account.
48. The Claims Administrator will provide a report to the Court and to counsel for all parties accounting for the distribution of settlement funds, including attorney's fees and expenses, once the distribution is complete.
49. The Claims Administrator will receive final payment for any outstanding fees and expenses no more than 30 days after the Claims Administrator completes the administration of the settlement.
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50. Any balance in the Marshfield Fund or the PCCF Fund after all settlement checks have been distributed and all bonuses, expenses, and attorney's fees have been paid will be distributed under the cy pres doctrine to a non-profit group working on behalf of incarcerated prisoners. XII. DECEASED CLASS MEMBERS
51. If a class member is deceased, an authorized representative may file a Settlement Claim Form on her behalf. However, the representative must provide to the Claims Administrator documentation that an estate has been established in accordance with the law and that he or she is the duly appointed administrator or executor by one month before the date of distribution or the claim will be denied. XIII. RELEASE
52. In exchange for payment of the settlement amount, defendants, Plymouth County, Town of Marshfield, Peter Forman, Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah ValIer, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, and Amy Sheppard, along with Continental Casualty, Great American Insurance Company, General Star Insurance Company, and Summit Risk Services will be released from all liability for the class members' claims for unlawful strip searches that were part of this lawsuit, except for any class members who requested exclusion and filed a claim within the statute of limitations.
l3

. . . - - - - - - - -- -- - - - - - - - - - - -- - - -- - - - - - -- - -

For the plaintiffs,

Date: - - - - - - -

Howard Frie man BBO #180080 MyongJ. Joun BBO #645099 Law Offices of Howard Friedman, P.C. 90 Canal Street, 5th Floor Boston, MA 02114-2022 (617) 742-4100
County, ual matrons,

Date: - - - - - -

Douglas 1. Loui on BBO #545191 Merrick, Louison & Costello 67 Batterymarch Street Boston, MA 02110 (617) 439-0305

14

For defendant Town of Marshfield:
~ ~ Jdc Leonard H. Kesten BBO #542042 Brody, Hardoon, Perkins & Kesten One Exeter Plaza Boston, MA 02116 (617) 880-7100
Attached Exhibits: A: Notice of Class Action Settlement and of the Hearing to Approve the Settlement B: Settlement Claim Form, Form W-9, and Confirmation Card C: Frequently Asked Questions sheet D: Notice for Publication
15

 
 •

ll~rrpD, S'f.~TES,DISTRICT COURT

ILl) orlJ

' D1STRICT OF MASSACHUSETTS'- . ->.:T n

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Plaintiffs v.

Civil Action No.

Defendants
COMPLAINT
INTRODUCTION 1. This is a civil rights action for money damages against Plymouth County, its
Sheriff Peter Forman, Plymouth County matrons Jane Doe and Jane Roe, the Town of Marshfield, the Town of Hanover and the Town of Rockland for injuries caused by the unconstitutional strip searches of the plaintiffs.
2. The named plaintiff, Kimberly Connor, seeks to represent a class of all women who were held at the Plymouth County Regional Lockup Facility at the Marshfield police station as "safe-keeps." Safe-keeps include pre-arraignment detainees who were waiting for bail to be set or for an initial court appearance, women who were arrested on
CD

2 default warrants and women who were held in protective custody. These women were unlawfully subjected to routine strip searches at the Plymouth County Regional Lockup Facility at the Marshfield Police Department due to a formal written policy implemented by the Plymouth County Sheriffs Department. These searches were conducted routinely, without any reason to suspect a strip search or a visual body cavity search was necessary.
3. The Town of Marshfield is sued because it acted jointly with the Plymouth County Sheriffs Department in violating the constitutional rights of women. Under an agreement with the Plymouth County Sheriffs Department, it offered its facilities at the Marshfield police station to the Sheriff to use it as a Regional Lockup Facility for women arrested in towns located within the County of Plymouth. Plymouth County Sheriffs Department matrons "report[ed] directly to the Marshfield Officer-in-Charge" upon arrival at the Marshfield Police Department.
4. The Towns of Hanover and Rockland are sued for violating the constitutional rights of women because, under their policies, all women who were held in custody overnight were to be transferred to the Plymouth County Regional Lockup Facility at Marshfield Police Department where they were to be routinely subjected to strip searches while men who were held in custody overnight were kept in the towns' holding cells and were not subjected to such searches as a matter of routine. These Towns knew of, sanctioned and participated in Plymouth County Sheriffs Department's strip search policy, practice and custom, and have adopted it as their own for their female prearraignment detainees.

3 JURISDICTION
5. This action is brought pursuant to 42 U.S.c. §§1983 and 1988 and the Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution. Jurisdiction is founded upon 28 U.S.c. §§1331 and 1343. PARTIES
6. The named plaintiff, Kimberly Connor, was at all times relevant to this complaint a resident of the Commonwealth of Massachusetts.
7. The defendant Plymouth County is a duly designated county in the Commonwealth of Massachusetts, under the laws of the Commonwealth.
8. The defendant Peter Forman was at all times relevant to this complaint the Sheriff of Plymouth County. He is sued in his individual capacity. The actions of defendant Forman alleged in this complaint were taken under color of law.
9. The defendant Town ofMarshfield is a duly organized municipal corporation in the Commonwealth of Massachusetts.
10. The defendant Jane Doe is a matron employed by Plymouth County. She is sued in her individual capacity.
II. The defendant Jane Roe is a matron employed by Plymouth County. She is sued in her individual capacity.
12. The actions of defendants Jane Doe and Jane Roe alleged in this complaint were taken under color of the laws of the Commonwealth of Massachusetts and Plymouth County.
\

4 13. The defendant Town of Hanover is a duly organized municipal corporation in the Commonwealth of Massachusetts. 14. The defendant Town of Rockland is a duly organized municipal corporation in the Commonwealth of Massachusetts. FACTS 15. On April 30, 1998, plaintiff IGmberly Connor was arrested by Hanover police officers. 16. Ms. Connor was taken to the Hanover police station where she was booked and fingerprinted. 17. Plaintiffwas then told that she would be transferred to the Marshfield Police Department because the Hanover Police Department does not maintain female arrestees in custody. 18. Plaintiff was then handcuffed and taken in a Hanover police cruiser to the Marshfield police station. 19. When plaintiff arrived at Marshfield police station, defendant Doe brought plaintiff to a holding cell and ordered her to take off all of her clothing. 20. Ms. Connor was too scared to protest. 21. Ms. Connor complied with the order and took off all her clothing. Then defendant Doe searched plaintiff's clothing. 22. Defendant Doe next ordered plaintiff to squat ano. cough. 23. Defendant Doe had no reason to suspect that plaintiff had any weapons or contraband hidden on her person.

5 24. After the search, plaintiff was left in the cell alone. 25. Later in the morning, plaintiff was taken to the Hingham District Court for arraignment. 26. On April 10, 1999 at approximately 10:00 p.m., plaintiff Kimberly Connor was arrested by Rockland police officers. 27. Ms. Connor was taken to the Rockland police station where she was booked and fingerprinted. 28. Ms. Connor was then taken to a holding cell where a female employee of the Rockland police department ordered her to lift up her shirt, then the bra and shake it. The cell did not have a door, only bars, and was immediately across from an open stairwell. 29. Plaintiff complied with the orders. 30. At approximately 2:00 a.m., Ms. Connor was told that she would be transferred to the Marshfield Police Department because the Rockland Police Department does not keep female arrestees overnight. 31. Plaintiff was then handcuffed and taken in a Rockland police cruiser to the Marshfield police station. 32. When plaintiff arrived at Marshfield police station, defendant Roe brought plaintiff to a holding cell and ordered her to take off all of her clothing. 33. Ms. Connor complied with the orders and took off all her clothing. Defendant Roe searched plaintiff's clothing. 34. Defendant Roe then ordered Ms. Connor to squat and cough.

6 35. Defendant Roe had no reason to suspect that plaintiff had any weapons or contraband hidden on her person. 36. Less than a half hour after the strip search, Ms. Connor was released on $25.00 bail. 37. Plaintiff suffered extreme emotional distress as a result of the strip searches as described above conducted at the Marshfield police station. She felt humiliated, degraded and violated. 38. The strip searches of plaintiff by defendants Doe and Roe conformed to the written policy of the Plymouth County Sheriff's Department. 39. Plymouth County Sheriff's Department policy PCCF 401 stated, "All inmates, including transfers, safe-keeps, court returns, hospital returns and new commitments will be pat-frisked and strip-searched upon entry or reentry to the facility." 40. The policy of the Plymouth County Sheriff's Department required a routine strip search, without evaluating whether a strip search was necessary. 41. The policy of the Plymouth County Sheriffs Department applied regardless of the length of time the person was to be held or of the charges lodged against the person. 42. Pursuant to an agreement between the Plymouth County and the Town of Marshfield, the Town offered its lockups at its police station to Plymouth County to be used as a Regional Lockup Facility for women arrested in towns located within Plymouth County.

7
43. Plymouth County Sheriff's Department matrons "report[ed] directly to the Marshfield Officer-in-Charge" upon arrival at the Marshfield Police Department.
44. Pursuant. to an agreement between the Plymouth County Sheriff's Department, the Town of Marshfield and the Towns of Hanover and Rockland, the Plymouth County Sheriff's Department held all women who were pre-arraignment detainees as "safe-keeps" at the Marshfield Police Department.
45. The Plymouth County Sheriff's Department conducted strip searches of all women who were admitted to their custody at the Marshfield Police Department.
46. Female prisoners were not held overnight at the Hanover Police station. 47. Female prisoners were not held overnight at the Rockland Police station. 48. When female prisoners arrived at the Plymouth County Regional Lockup Facility at Marshfield Police Station, they were subjected to a routine strip search as described above. 49. It was the policy of the Hanover and Rockland Police Departments to hold male prisoners in holding cells at their respective stations until their first appearance in court. 50. Male arrestees who were similarly situated to the female safe-keeps were held in the Hanover or Rockland police stations and were not subjected to a routine strip search.

8 CLASS ACTION ALLEGATIONS
51. This action is brought pursuant to Rule 23(a) and (b)(l) and (3) of the Federal Rules of Civil Procedure by plaintiff as a class action on behalf of all women who were:
a. taken into custody by the Plymouth County Sheriffs Department at the Marshfield police station as a safe-keep; and
b. subjected to a routine strip search at the Marshfield Police Station without evaluating whether there was cause for the search.
52. The named plaintiff, Kimberly Connor, is a member of the class. The class represented by the plaintiff is so numerous that joinder of all such persons is impractical. On information and belief, the number of class members is more than one hundred women.
53. There are questions of law and fact which are common to the class of plaintiffs. Central to all the claims is the constitutionality of the policy, practice or custom of the Plymouth County Sheriff to routinely conduct strip searches of female safe-keeps.
54. Plaintiff's claims or defenses are typical of the claims or defenses of the class of plaintiffs.
55. Plaintiff will fairly and accurately represent and protect the interests of the members of the class. The attorney for plaintiff is experienced and capable in civil rights litigation and has successfully represented plaintiffs in other civil rights litigation including cases alleging unlawful strip searches. Counsel has the resources and expertise to prosecute this action.

9 56. This action is properly maintained as a class action because the prosecutions of separate actions by the individual members of the class would create a risk of inconsistent or varying adjudications with respect to individual members of the class, which would establish incompatible standards of conduct for the defendants. 57. This action is properly maintainable as a class action because the prosecutions of separate actions would create a risk of adjudications with respect to individual members of the class which would, as a practical matter, be dispositive of the interests of the other members who are not parties or substantially impair or impede their ability to protect their interests. 58. As a direct result of the policies as described above, class members have been subjected to unlawful strip searches which has caused each member of the class to endure pain and suffering and mental anguish. FIRST COUNT: 42 U.S.C. § 1983: DEFENDANT PLYMOUTH COUNTY 59. The above paragraphs are incorporated herein. 60. The policy of the Plymouth County Sheriff's Department regarding strip searches directed its officers to conduct searches that violated the United States Constitution. 61. By the actions described above, the defendant deprived the plaintiff and members of the plaintiff class of their clearly established right guaranteed by the Constitution of the United States to be free from an unreasonable search and seizure. 62. As a direct and proximate result of this conduct, plaintiff suffered the injuries described above.

10 SECOND COUNT: 42 U.S.C. § 1983: DEFENDANT PETER FORMAN
63. The above paragraphs are incorporated herein. 64. Defendant Peter Forman was the policymaker for the Plymouth County Sheriffs Department at all times relevant to this Complaint. 65. Defendant Forman implemented and maintained a policy of conducting strip searches of all persons who were admitted to the custody of the Plymouth County Sheriff's Department at its Regional Lockup Facility at the Marshfield police station, regardless of the nature of charges or the circumstances of the individual. 66. Defendant Forman knew or should have known that the strip search policy at the Plymouth County Regional Lockup Facility at the Marshfield Police Department would result in officers/matrons conducting unconstitutional searches ofwomen who were being held as safe-keeps. 67. Defendant Forman established and enforced the policy of conducting routine strip searches without any reason to believe the woman had anything concealed on her person by implementing and maintaining the strip search policy. 68. As a result of defendant Forman's conduct, plaintiff was subjected to the search described above. 69. Defendant Forman acted with reckless indifference to the constitutional rights of women who were detained as safe-keeps at the Marshfield police station.

11 70. As a direct and proximate result ofthis conduct, plaintiff suffered the injuries described above. THIRD COUNT: 42 U.S.C. § 1983: DEFENDANT TOWN OF MARSHFIELD 71. The above paragraphs are incorporated herein. 72. Pursuant to an agreement between Plymouth County and the Town of Marshfield, the Town offered cells in its police station to Plymouth County to be used as a Regional Lockup Facility for women arrested in towns located within Plymouth County. 73. Plymouth County Sheriff's Department matrons "report[ed] directly to the Marshfield Officer-in-Charge" upon arrival at the Marshfield Police Department. 74. The Town of Marshfield adopted the policy of the Plymouth County Sheriff's Department of conducting strip searches of all persons admitted into its facilities as safe-keeps regardless of the nature of charges or the circumstances of the individual. 75. As a direct and proximate result of the policies or customs of the Town of Marshfield, the plaintiff suffered the injuries described above. FOURTH COUNT: 42 U.S.C. § 1983: DEFENDANT TOWN OF HANOVER 76. The above paragraphs are incorporated herein. 77. By the Town of Hanover's policy of requiring female prisoners awaiting an initial court appearance to be held at the Plymouth County Regional Lockup Facility in Marshfield, the strip search policy in that facility became the policy of the Town of Hanover.

12 78. The Plymouth County Sheriff's Department's strip search policy, practice and custom was known to, sanctioned by and participated in by the Town of Hanover. 79. The policies required women who were arrested by the Town of Hanover and held in custody before their first court appearance to undergo a strip search while men in the same circumstances are not required to undergo similar searches. 80. The policies, practices and customs of the Hanover Police Department above violated the right of women to the equal protection oflaw and violated the right ofwomen under the Fourth Amendment to be free from unreasonable searches and seizures. 81. As a direct and proximate result of the policies, practices or customs of the Town of Hanover, the plaintiff suffered the injuries described above. FIFTH COUNT: 42 U.S.C. § 1983: DEFENDANT TOWN OF ROCKLAND 82. The above paragraphs are incorporated herein. 83. By the Town of Rockland's policy of requiring female prisoners awaiting an initial court appearance to be held at the Plymouth County Regional Lockup Facility in Marshfield, the strip search policy in that facility became the policy of the Town of Rockland. 84. The Plymouth County Sheriff's Department's strip search policy, practice and custom was known to, sanctioned by and participated in by the Town of Rockland.

13 85. The policies required women who were arrested by the Town of Rockland and held in custody before their first court appearance to undergo a strip search while men in the same circumstances are not required to undergo similar searches. 86. The policies, practices and customs of the Rockland Police Department violated the right ofwomen to the equal protection oflaw and violated the right ofwomen under the Fourth Amendment to be free from unreasonable searches and seizures. 87. As a direct and proximate result of the policies, practices or customs of the Town of Rocldand, the plaintiff suffered the injuries described above. SIXTH COUNT: 42 U.S.C. §1983: DEFENDANTS DOE AND ROE 88. The above paragraphs are incorporated by reference. 89. At all times relevant to this complaint, defendants Doe and Roe were acting under color of the laws of the Commonwealth of Massachusetts and Plymouth County. 90. Defendants Doe and Roe had no legal justification for conducting the strip searches of the plaintiff's person. 91. By the actions described in the preceding paragraphs, the defendants deprived the plaintiff of clearly established rights guaranteed by the Constitution of the United States and by the Massachusetts Declaration of Rights including freedom from an unreasonable search and seizure and the right to be treated equally under the law. 92. As a direct and proximate result of the acts of the defendants, the plaintiff suffered the injuries described above.

14
WHEREFORE the plaintiff requests that this Court: 1. award compensatory damages to the individual plaintiff and to members of the plaintiff class; 2. award punitive damages against the defendant Forman; 3. award the plaintiffs the costs of this action including reasonable attorney's fees; and 4. award whatever additional relief this Court deems necessary and appropriate.
IURYDEMAND A jury trial is hereby demanded.
RESPECTFULLY SUBMITTED,
..,'
Howard Friedman, BBO # 180080
Myong J. Joun, BBO #645099
Law Offices of Howard Friedman 90 Canal Street, 5th Floor Boston, MA 02114-2022 (617) 742-4100

 
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mtniteb ~tate~ jlli~trict ~ourt
llistrict of fflassacbusttts

KIMBERLY CONNOR, ET AL.,

Plaintiffs,

00

AL.'r\l<j:,~f!(J v.
PLYMOurn COUN1Y, ET

~IL NO. 2QOl-i0835-RBC

Defendants. \)Ov~

SEPARATE AND FINAL JUDGMENT ON CLAIMS AGAINST DEFENDANTS, TOWN OF HANOVER AND TOWN OF ROCKLAND - RULE 54(b), FED. R. CN. P.

COLLINGS, U.S.M.J. I expressly determine that there is no just reason for delay; I hereby
expressly direct that separate and final judgment be entered dismissing all claims of the plaintiffs against defendants, Town of Rockland and Town of Hanover. The plaintiffs stipulated to the dismissal of all cl . two entities on November 6, 2001. See #52.
Accordingly, it is ORDERED AND ADJUDGED: Judgment dismissing all claims filed by the plaintiffs against the Town

• •
of Rockland and the Town of Hanover. No costs.

May 20,2002.

ROBERT B. COLLINGS United States Magistrate Judge

 
 UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

__________________________________________

)

KIMBERLEY CONNOR, et al.,

)

Plaintiffs

)

)

v.

) Civil Action No. 00-10835-RBC

)

PLYMOUTH COUNTY, et al.,

)

Defendants

)

_________________________________________ )

PLAINTIFFS’ ASSENTED TO MOTION TO AMEND THE CLASS DEFINITIONS

The plaintiffs move this Court to amend the class definitions to add time periods

to each Sub-Class so that the class definition will conform to the Settlement Agreement.

The proposed class definition is as follows:

a. Marshfield Sub-Class: women who were taken to the Plymouth County Regional Lockup Facility located in the Marshfield Police Station for detention and strip searched without determining whether there was individualized reasonable suspicion for the strip search between May 20, 1997 and January 31, 2000.

b. PCCF Sub-Class: women who were taken to the Plymouth County Correctional Facility for arraignment where they were strip searched without determining whether there was individualized reasonable suspicion for the strip search between February 23, 1998 and October 11, 1999.

As grounds for this motion, plaintiffs state the following:

1. This court is authorized to alter or amend a class ruling at any time before

final judgment under Fed.R.Civ.P. 23(c)(1).

2. The proposed class definitions begin when the Regional Lockup Facility at

Marshfield Police Station (“Marshfield lockup”) and the Plymouth County Correctional

Facility (“PCCF”) each began operation and end when the County formally changed its policy or custom of suspicionless strip searches at each facility.
3. The class definition as certified by this Court on September 21, 2001 did not include any time periods because the motion was filed before plaintiffs learned through discovery when the policy, practice or custom of strip searching without cause started and ended.
4. The plaintiffs learned through discovery that on May 20, 1997, the Marshfield lockup opened and that Plymouth County changed its written policy effective February 1, 2000, ending the policy of conducting suspicionless strip searches of women who were held at the Marshfield lockup.
5. The plaintiffs also learned that on February 23, 1998, the County began its arraignment program at the PCCF and determined that pre-arraignment suspicionless strip searches ended as the official policy or custom at the PCCF on October 12, 1999 when a written notice was placed in the matron’s journal noting that women were no longer to be strip searched before bail hearings.
6. If any women were strip searched without individualized reasonable suspicion at the Marshfield lockup after February 1, 2000 or at the PCCF after October 12, 1999, they would not have a complaint that could be addressed in this class action because it was not caused by the common policies. This class action is based on the claim that the County’s policies or customs were the moving force behind the strip searches. This allegation could no longer be made after the County formally acted to end

the policy or custom. Thus, any women strip searched after these dates would not have a claim that is based on the common class issue in this case.
7. Plaintiffs have identified 109 women who received notice of the class action but who are not class members because they were at the facility after Plymouth County changed its policy or custom.
8. The 109 women will be notified of the amendment of the class definitions in order to preserve their opportunity to pursue a claim separately. See, Eisen v. Carlisle and Jacquelin, 417 U.S. 156 (1974). Plaintiff’s counsel will pay the cost of printing and mailing the notices.
9. The proposed notice of amended class definitions informs the women why the definitions were amended and explains that they may file an individual action. It also explains that tolling of the statute of limitations.
10. The statute of limitations for claims that these women may bring separately was tolled from the date the complaint in this case was filed on May 1, 2000. See, Crown Cork & Seal, Co. v. Parker, 462 U.S. 345 (1983). Plaintiffs request that the court order that the tolling period end thirty (30) days from the date of the Court’s Order amending the class definitions. This will give adequate protection to the these women.
11. Plaintiffs’ counsel proposes that the notice be sent in an envelope bearing the name of the Court with a return address to a post office box which is maintained by class counsel. Those notices that are returned as undeliverable will go to class counsel. Class counsel will make reasonable efforts to find newer addresses for any such returned

notices and resend them.
12. The Settlement Agreement and the Notice to the Class include the correct class
periods in the Sub-Class definitions that the plaintiffs now seek to have formally
amended by this motion. The Sub-Class definitions in plaintiffs’ motion for preliminary
approval of the settlement included class periods but the dates were reversed. The end
dates were also one day longer than it should have been.
13. Defendants assent to this motion.
WHEREFORE, plaintiffs move the Court to:
1. Amend the class definitions as originally certified to the definitions as
agreed by the parties in the settlement as follows:
a. Marshfield Sub-Class: women who were taken to the Plymouth County Regional Lockup Facility located in the Marshfield Police Station for detention and strip searched without determining whether there was individualized reasonable suspicion for the strip search between May 20, 1997 and January 31, 2000.
b. PCCF Sub-Class: women who were taken to the Plymouth County Correctional Facility for arraignment where they were strip searched without determining whether there was individualized reasonable suspicion for the strip search between February 23, 1998 and October 11, 1999.
2. Order that the tolled statute of limitations begin accruing again thirty (30)
days from the date of this Court’s Order amending the class definitions and to approve
the attached notice of amended class definitions to be sent to the 109 women identified
by class counsel as not being class members under the amended class definitions.

ASSENTED TO:

RESPECTFULLY SUBMITTED, For the plaintiffs,
/s/ Howard Friedman ________________________________ Howard Friedman BBO #180080 Myong J. Joun BBO #645099 Law Offices of Howard Friedman, P.C. 90 Canal Street, 5th Floor Boston, MA 02114-2022 (617) 742-4100
For defendants Plymouth County, Peter Forman, and individual matrons,
/s/ Douglas I. Louison/HF ________________________________ Douglas I. Louison BBO #545191 Merrick, Louison & Costello 67 Batterymarch Street Boston, MA 02110 (617) 439-0305
For defendant Town of Marshfield:
/s/ Leonard H. Kesten/HF ________________________________ Leonard H. Kesten BBO #542042 Brody, Hardoon, Perkins & Kesten One Exeter Plaza Boston, MA 02116 (617) 880-7100

 
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United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:00-cv-10835-RBC

CLOSED

Connor, et al v. Plymouth County, et al Assigned to: Magistrate Judge Robert B. Collings Demand: $0 Cause: 42:1983 Civil Rights Act

Date Filed: 05/01/2000 Date Terminated: 01/10/2005 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Kimberly Connor on behalf of herself and on behalf of others similarly situated

represented by Howard Friedman Law Offices of Howard Friedman 90 Canal Street 5th Floor Boston, MA 02114-2022 617-742-4100 Fax: 617-742-5858 Email: hfriedman@civil-rights-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Lizette Richards Fierst, Pucci & Kane LLP 64 Gothic Street Northampton, MA 01060-3042 413-584-8067 Fax: 413-585-0787 Email: richards@fierstpucci.com TERMINATED: 10/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Carol A. MacDonald

Myong J. Joun Law Offices of Howard Friedman, P.C. 90 Canal Street, 5th Floor Boston, MA 02114-2022 617-742-4100 Fax: 617-742-5858 Email: mjjoun@civil-rights-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Friedman (See above for address)

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Plaintiff Anne Paulino
Plaintiff Christal Campbell
Plaintiff Barbara DiBenedetto

LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Lizette Richards (See above for address) TERMINATED: 10/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Myong J. Joun (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Lizette Richards (See above for address) TERMINATED: 10/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Myong J. Joun (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Howard Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Lizette Richards (See above for address) TERMINATED: 10/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Myong J. Joun (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Plymouth County
Defendant Sheriff Peter Forman in his individual capacity
Defendant Town of Marshfield
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represented by Douglas I. Louison Merrick, Louison & Costello 67 Batterymarch Street Third floor Boston, MA 02110 617-439-0305 Fax: 617-439-0325 Email: dlouison@merricklc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven M. Walsh Plymouth County Sheriff's Department 24 Long Pond Road Plymouth, MA 02360 508-830-6287 Fax: 508-830-6234 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven M. Walsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrea W. McCarthy Brody, Hardoon, Perkins & Kesten, LLP 12th Floor One Exeter Plaza Boston, MA 02116 617-880-7100 Fax: 617-880-7171 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard H. Kesten Brody, Hardoon, Perkins & Kesten One Exeter Plaza 12th Floor
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Defendant Town of Hanover TERMINATED: 11/09/2001
Defendant Town of Rockland TERMINATED: 11/09/2001

Boston, MA 02116 617-880-7100 Fax: 617-880-7171 Email: lkesten@bhpklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Leonard H. Kesten (See above for address) TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas F. Healy Healy & Healy 15 Walnut Street, Suite 400 Wellesley Hills, MA 02481-2101 781-431-0040 TERMINATED: 11/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas E. Sartini, III Davagian & Associates 365 Boston Post Road Suite 200 Sudbury, MA 01776 978-443-3773 Fax: 978-443-7773 Email: tsartini@jsdlawgroup.com TERMINATED: 11/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Leonard H. Kesten (See above for address) TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas F. Healy (See above for address) TERMINATED: 11/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas E. Sartini, III (See above for address)

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Claimant Kimberly Bearse Defendant Debra Morrison
Defendant Linda Tilley
Defendant Robin Bell
Defendant Diane Gosselin
Defendant Diane Goulette
Defendant Marie Clark
Defendant Wendy Cope-Allen

TERMINATED: 11/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Jeane Lincoln
Defendant Sally Clark
Defendant Karen Madden
Defendant Deborah Valler
Defendant Elaine Boidi
Defendant Sally Robertson
Defendant Linda Felix
Defendant Tammy Dellorusso
Defendant

represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Amy Sheppard

represented by Douglas I. Louison (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/01/2000 05/01/2000 05/26/2000 05/26/2000 05/26/2000 05/26/2000 05/26/2000 05/26/2000 06/23/2000 06/26/2000 07/18/2000 09/14/2000
09/15/2000 09/21/2000 09/21/2000 09/22/2000 09/22/2000

#

Docket Text

1 Complaint filed. Case assigned to Judge: Keeton. Receipt #: 22080 Amount:$ 150.00. Fee Status: pd. (kf) (Entered: 05/05/2000)
Summons issued for Plymouth County, Peter Forman, Town of Marshfield, Jane Doe, Jane Roe, Town of Hanover, Town of Rockland (kf) (Entered: 05/05/2000)
2 Return of service executed as to Plymouth County with service on 5/5/00 filed. Answer due on 5/25/00 for Plymouth County (kf) (Entered: 05/26/2000)
3 Return of service executed as to Peter Forman with service on 5/5/00 filed. Answer due on 5/25/00 for Peter Forman (kf) (Entered: 05/26/2000)
4 Return of service executed as to Town of Marshfield with service on 5/5/00 filed. Answer due on 5/25/00 for Town of Marshfield (kf) (Entered: 05/26/2000)
5 Return of service executed as to Town of Hanover with service on 5/5/00 filed. Answer due on 5/25/00 for Town of Hanover (kf) (Entered: 05/26/2000)
6 Return of service executed as to Town of Rockland with service on 5/5/00 filed. Answer due on 5/25/00 for Town of Rockland (kf) (Entered: 05/26/2000)
7 Rule 16.1 Certification filed by Kimberly Connor . (kf) (Entered: 05/26/2000)
8 Answer by Plymouth County, Peter Forman, Jane Doe, Jane Roe to complaint, filed. c/s (kf) (Entered: 06/23/2000)
9 Answer by Town of Marshfield, Town of Hanover, Town of Rockland to complaint; jury demand, filed. c/s (kf) (Entered: 06/27/2000)
10 Judge Robert E. Keeton . Notice of Hearing/conference: set scheduling conference for 4:00 9/22/00 . Notice sent to counsel. (kf) (Entered: 07/18/2000)
11 Joint statement by Kimberly Connor, Plymouth County, Peter Forman, Town of Marshfield, Jane Doe, Jane Roe, Town of Hanover, Town of Rockland , re: scheduling, filed. (kf) (Entered: 09/20/2000)
12 Notice of appearance of attorney for Plymouth County, Peter Forman by Douglas I. Louison, filed. c/s (kf) (Entered: 09/20/2000)
13 Rule 16.1 Certification filed by Plymouth County. (kf) (Entered: 09/22/2000)
14 Rule 16.1 Certification filed by Peter Forman . (kf) (Entered: 09/22/2000)
Scheduling conference held . (kf) (Entered: 09/25/2000)
15 Judge Robert E. Keeton . Clerk's Notes: re: scheduling conference, Colloquy re: schedule. Dispositive motions due by 12/14/01. set pretrial conference for 3:30 1/22/02 , set case management conference for 3:30 11/28/00 , set Jury trial for

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09/28/2000 10/12/2000 10/12/2000 11/28/2000 11/28/2000 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/17/2001 01/23/2001 01/30/2001
01/30/2001 02/15/2001 02/15/2001 02/28/2001

9:00 2/4/02 Court Reporter: Lee Marzilli (kf) (Entered: 09/25/2000)
16 Assented to Motion by Plymouth County, Peter Forman, Town of Marshfield, Town of Hanover, Town of Rockland for protective order , filed. c/s (kf) (Entered: 10/03/2000)
17 Judge Robert E. Keeton . Order entered granting [16-1] motion for protective order. "...is approved subject to the following modification..." [EOD Date 10/12/00] cc/cl (kf) (Entered: 10/12/2000)
18 Judge Robert E. Keeton. Protective Order entered. "...Approved subject to the conditions stated in a separate order of this date, October 12, 2000." [EOD Date 10/12/00] cc/cl (kf) (Entered: 10/12/2000)
Case management conference held . (kf) (Entered: 11/30/2000)
19 Judge Robert E. Keeton . Clerk's Notes: re: case management conference. Colloquy re: schedule. Court Reporter: Lee Marzilli (kf) (Entered: 11/30/2000)
20 Motion by Kimberly Connor to compel discovery from the defendant Town of Rockland and memorandum in support of the motion, filed. c/s (kf) (Entered: 01/19/2001)
21 Affidavit of Howard Friedman , re: [20-1] motion to compel discovery from the defendant Town of Rockland , filed. c/s (kf) (Entered: 01/19/2001)
22 Motion by Kimberly Connor to compel discovery from the defendant Town of Hanover and memorandum in support of the motion, filed. c/s (kf) (Entered: 01/19/2001)
23 Affidavit of Howard Friedman , re: [22-1] motion to compel discovery from the defendant Town of Hanover , filed. c/s (kf) (Entered: 01/19/2001)
24 Notice of appearance of attorney for Town of Hanover, Town of Rockland by Thomas F. Healy, Thomas E. Sartini III, filed. (sat) (Entered: 01/23/2001)
25 Notice of withdrawal of counsel by attorney Leonard H. Kesten for Town of Rockland, attorney Leonard H. Kesten for Town of Hanover filed; c/s. (sat) (Entered: 01/25/2001)
26 Response by Town of Hanover, Town of Rockland in opposition to [22-1] motion to compel discovery from the defendant Town of Hanover, [20-1] motion to compel discovery from the defendant Town of Rockland, filed. c/s (kf) (Entered: 02/06/2001)
26 Motion by Town of Hanover, Town of Rockland for leave to respond to discovery , filed. c/s (kf) (Entered: 02/06/2001)
27 Assente to Motion by Kimberly Connor to extend time to June 1, 2001 for discovery and all other matters , filed. c/s (kf) (Entered: 02/21/2001)
28 Affidavit of Howard Friedman , re: [27-1] motion to extend time to June 1, 2001 for discovery and all other matters , filed. c/s (kf) (Entered: 02/21/2001)
29 Consent to trial by Magistrate by Kimberly Connor, Plymouth County, Town of Marshfield, Jane Doe, Jane Roe, Town of Hanover, Town of Rockland , filed. (kf) (Entered: 03/09/2001)

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03/13/2001 03/21/2001 04/02/2001
04/02/2001 04/03/2001 04/11/2001 04/11/2001 04/11/2001 05/31/2001 06/11/2001 06/11/2001 06/11/2001 07/02/2001 07/02/2001

Judge Robert E. Keeton . Endorsed Order entered granting [27-1] motion to extend time to June 1, 2001 for discovery and all other matters. [EOD Date 3/14/01] Notice sent to counsel. (kf) (Entered: 03/14/2001)
Case reassigned from Judge Keeton to Mag. Judge Robert B. Collings for all purposes, including trial and entry of final judgment. Notice sent to counsel. (kf) (Entered: 03/22/2001)
30 Mag. Judge Robert B. Collings. Order entered. Since no opposition has been filed to the Town of Hanover and Town of Rockland's Motion for Leave to Respond to Discovery (#26), I propose to allow the motion and deny the pltfs' motion to compel (##20 and 22) without prejuduce unless pltfs file and serve, on or before the close of business on Monday, April 9, 2001, an objection to my doing so. [EOD Date 4/2/01] (ktb) (Entered: 04/02/2001)
31 Mag. Judge Robert B. Collings . Notice of Hearing/conference: set case management conference for 10:30 6/11/01 . cc/cl (kf) (Entered: 04/04/2001)
32 Response by Kimberly Connor in opposition to [26-1] motion for leave to respond to discovery, filed, c/s. (ktb) (Entered: 04/06/2001)
33 Mag. Judge Robert B. Collings . Order entered granting [22-1] motion to compel discovery from the defendant Town of Hanover. [EOD Date 4/11/01] (ktb) (Entered: 04/11/2001)
Mag. Judge Robert B. Collings . Endorsed Order entered denying [26-1] motion for leave to respond to discovery . [EOD Date 4/20/01] Notice sent to counsel. (kf) (Entered: 04/20/2001)
Mag. Judge Robert B. Collings. Endorsement re: motion to compel. "See order, entered this date." (kf) (Entered: 04/20/2001)
36 Mag. Judge Robert B. Collings . Notice of Hearing/conference: reset case management conference for 3:00 6/11/01 . cc/cl (kf) (Entered: 06/15/2001)
34 Motion by Kimberly Connor to amend [1-1] complaint , filed. c/s. (ktb) (Entered: 06/13/2001)
Scheduling conference held . (ktb) (Entered: 06/13/2001)
35 Mag. Judge Robert B. Collings . Clerk's Notes: re: 16B Conference, set a further scheduling conference for 11/5/01 Court Reporter: Tape (ktb) (Entered: 06/13/2001)
Mag. Judge Robert B. Collings . Endorsed Order entered granting [34-1] motion to amend [1-1] complaint. [EOD Date 7/3/01] (ktb) (Entered: 07/03/2001)
37 Amended complaint by Kimberly Connor filed. (Answer due 7/12/01 for Town of Rockland, for Town of Hanover, for Jane Roe, for Jane Doe, for Town of Marshfield, for Peter Forman, for Plymouth County ) . Amended complaint amends [1-1] complaint ; adding Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah Valler, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, Amy Sheppard . (ktb) (Entered: 07/03/2001)

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07/06/2001 07/06/2001 07/06/2001 07/23/2001 07/23/2001 08/06/2001 08/08/2001 08/09/2001 08/16/2001
08/22/2001 08/27/2001 08/27/2001 09/19/2001
09/21/2001

39 Memorandum by Kimberly Connor, Carol A. MacDonald, Anne Paulino, Christal Campbell in support of [38-1] motion for class certification, filed, c/s. (ktb) (Entered: 07/06/2001)
38 Motion by Kimberly Connor, Carol A. MacDonald, Anne Paulino, Christal Campbell for class certification , filed, c/s. (ktb) (Entered: 07/06/2001)
39 Attachments/Exhibits by Kimberly Connor, Carol A. MacDonald, Anne Paulino, Christal Campbell [38-1] motion for class certification, FILED, c/s. (ktb) (Entered: 07/06/2001)
40 Answer by Town of Hanover to amended complaint, filed, c/s. (ktb) (Entered: 07/26/2001)
41 Answer by Town of Rockland to amended complaint, filed, c/s. (ktb) (Entered: 07/26/2001)
Mag. Judge Robert B. Collings . Endorsed Order entered denying [20-1] motion to compel discovery from the Town of Rockland. [EOD Date 8/7/01] Notice sent to counsel. (kf) (Entered: 08/07/2001)
42 Answer by Town of Marshfield to amended complaint, filed.; jury demand. c/s (kf) (Entered: 08/09/2001)
43 Letter by Howard Friedman dated: 8/8/01 to Judge Collins requesting that the court rule on the pending motion for class certification, FILED, c/s. (ktb) (Entered: 08/10/2001)
44 Motion by Plymouth County, Peter Forman, Town of Marshfield, Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah Valler, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, Amy Sheppard to extend time to September 21, 2001 to respond to motion for class certification , filed. c/s (kf) (Entered: 08/21/2001)
45 Response by Kimberly Connor in opposition to [44-1] motion to extend time to September 21, 2001 to respond to motion for class certification , filed. (fmr) (Entered: 08/23/2001)
46 Mag. Judge Robert B. Collings . Notice of Hearing/conference: Motion hearing set for 3:15 9/11/01 for [38-1] motion for class certification (ktb) (Entered: 08/28/2001)
47 Mag. Judge Robert B. Collings . Order entered denying [44-1] motion to extend time to September 21, 2001 to respond to motion for class certification . [EOD Date 8/28/01] (ktb) (Entered: 08/28/2001)
48 Memorandum of law by Plymouth County, Peter Forman, Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah Valler, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, Amy Sheppard re: class certification filed. (kf) (Entered: 09/20/2001)
49 Mag. Judge Robert B. Collings. Order entered granting [38-1] motion for class certification. [EOD Date 10/1/01] (ktb) (Entered: 10/01/2001)

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10/01/2001
10/31/2001 11/05/2001 11/05/2001 11/05/2001
11/06/2001
11/08/2001 11/08/2001 11/08/2001 02/14/2002 02/14/2002 02/14/2002 04/22/2002 05/20/2002 05/20/2002

50 Answer by Plymouth County, Peter Forman, Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah Valler, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, Amy Sheppard to complaint; jury demand, filed, c/s. (ktb) (Entered: 10/05/2001)
51 Motion by Kimberly Connor for notice to the class , filed. (eaf) (Entered: 11/02/2001)
Mag. Judge Robert B. Collings . Endorsed Order entered granting [51-1] motion for notice to the class . [EOD Date 11/9/01] (ktb) (Entered: 11/09/2001)
Further Scheduling conference held. (ktb) (Entered: 11/15/2001)
55 Mag. Judge Robert B. Collings. Clerk's Notes: Defts have no objection to notice to class, #51 ALLOWED. Defts may obtaini facts re any strip searches of those who respond to the notice by sending ints to pltf's counsel. Discovery continues. Further Conference: 2/14/02 at 10:30 a.m. set scheduling conference for 10:30 2/14/02 (ktb) (Entered: 11/15/2001)
52 Stipulation of dismissal by Kimberly Connor, Plymouth County, Peter Forman, Town of Marshfield, Town of Hanover, Town of Rockland, Debra Morrison, Linda Tilley, Robin Bell, Diane Gosselin, Diane Goulette, Marie Clark, Wendy Cope-Allen, Jeane Lincoln, Sally Clark, Karen Madden, Deborah Valler, Elaine Boidi, Sally Robertson, Linda Felix, Tammy Dellorusso, Amy Sheppard, Carol A. MacDonald, Anne Paulino, Christal Campbell with prejudice, as to Defts Town of Hanover and Town of Rockland, filed, c/s. without costs (ktb) (Entered: 11/06/2001)
Mag. Judge Robert B. Collings . Endorsement re: [52-1] dismiss/dismissal stipulation. "Approved." (ktb) (Entered: 11/09/2001)
53 Motion by Town of Rockland for separate and final judgment , filed, c/s. (ktb) (Entered: 11/09/2001)
54 Motion by Town of Hanover for separate and final judgment , filed, c/s. (ktb) (Entered: 11/09/2001)
56 Letter to MJ Collings from Atty Leonard Kesten confirming that the scheduling conference has been rescheduled from 10:30 a.m. to 3:30 p.m. on 1/14/02, filed. (ktb) (Entered: 02/20/2002)
Scheduling conference held . (ktb) (Entered: 02/20/2002)
57 Mag. Judge Robert B. Collings . Clerk's Notes:, set a further scheduling conference for 10:30 5/21/02 Court Reporter: Tape (ktb) (Entered: 02/20/2002)
59 Mag. Judge Robert B. Collings . Order of reference entered for Alternative Dispute Resolution. Referred to: Mazzone, D.J. for: Mediation (ktb) (Entered: 06/06/2002)
Mag. Judge Robert B. Collings . Endorsed Order entered granting [53-1] motion for separate and final judgment . [EOD Date 5/20/02] (ktb) (Entered: 05/20/2002)
Mag. Judge Robert B. Collings . Endorsed Order entered granting [54-1] motion for separate and final judgment . [EOD Date 5/20/02] (ktb) (Entered: 05/20/2002)

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05/31/2002 05/31/2002 06/28/2002 08/14/2002 08/23/2002 08/23/2002 09/11/2002 03/05/2003 10/06/2003 10/06/2003 10/14/2003 10/28/2003 10/28/2003
10/28/2003

58 Mag. Judge Robert B. Collings. Separate and Final Judgment On Claims against Defts, Town of Hanover and Town of Rockland - Rule 54(b), Fed. R. Civ. P. entered against Town of Marshfield, Town of Hanover. [EOD Date 5/20/02] (ktb) (Entered: 05/20/2002)
Scheduling conference held . (ktb) (Entered: 06/07/2002)
60 Mag. Judge Robert B. Collings . Clerk's Notes: re: Further 16B Conf. Counsel agee to have case go to ADR. Order of Reference to be entered. Court Reporter: Tape X (ktb) (Entered: 06/07/2002)
61 Mag. Judge Robert B. Collings . Notice of Hearing/conference: set ADR Conference for 10:30 9/23/02 (ktb) (Entered: 07/12/2002)
62 Motion by Town of Marshfield to de-certify class , filed. c/s (kf) (Entered: 08/15/2002)
63 Response by Kimberly Connor in opposition to [62-1] motion to de-certify class, filed, c/s. (received for docketing on 9/5/02) (ktb) Modified on 09/05/2002 (Entered: 09/05/2002)
64 Affidavit of Howard Friedman, filed, c/s. (received for docketing on 9/5/02) (ktb) Modified on 09/05/2002 (Entered: 09/05/2002)
65 Judge A. D. Mazzone . Notice of Hearing/conference: set ADR Conference for 10:30 10/24/02 before Judge Mazzone, Courtrrom 17 on the fith floor cc/cl. (ktb) (Entered: 09/16/2002)
Mag. Judge Robert B. Collings . Endorsed Order entered denying [62-1] motion to de-certify class . [EOD Date 3/7/03] Notice sent to counsel. (kf) (Entered: 03/07/2003)
66 NOTICE of Hearing Re: Approval of Settlement set for 10/23/2003 12:00 PM in Courtroom 14 before Robert B. Collings. (Dolan, Kathleen) (Entered: 10/09/2003)
67 REPORT of Alternate Dispute Resolution. Case is settled. Parties will request a hearing on settlement. (Affsa, Gina) (Entered: 10/10/2003)
68 Letter from Howard Friedman to Ms. Apsa confirming that the hearing for preliminary approval of the settlement in this case is set for 10/31/03 at 2:00 p.m., FILED. (Boyce, Kathy) (Entered: 10/21/2003)
70 Assented MOTION for Preliminary Approval of Class Settlement and Proposed Notice to Class Members, by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino, FILED, c/s.(Boyce, Kathy) (Entered: 11/03/2003)
71 MEMORANDUM in Support re 70 MOTION for Preliminary Approval of Class Settlement and Proposed Notice to Class Members filed by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino, FILED, c/s. (Boyce, Kathy) (Entered: 11/03/2003)
72 Assented To MOTION to Appoint a Claims Administrator by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino, FILED, c/s.(Boyce, Kathy) (Entered: 11/03/2003)

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11/10/2003 11/10/2003 11/10/2003 11/10/2003 02/24/2004
02/24/2004 02/24/2004

73 Assented to MOTION to appoint a special master by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino, FILED, cs.(Boyce, Kathy) (Entered: 11/03/2003)
74 Proposed Document(s) submitted by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino received for filing. (Order Granting Preliminary Approval of Settlement). (Boyce, Kathy) (Entered: 11/03/2003)
69 NOTICE of Appearance by J. Lizette Richards on behalf of Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino (Affsa, Gina) (Entered: 10/31/2003)
ELECTRONIC Clerk's Notes for proceedings held before Judge Robert B. Collings: Hearing re: Preliminary Approval of Settlement held on 10/31/2003. Court hears counsel on various motions which although filed, have not been docketed. After motions have been docketed and received by Judge Collings, he will rule on all pending matters. Counsel: Friedman, Joun, Richards (plaintiff); Louison (Plymouth defendants); Kesten (Marshfield defendants). (Tape #2003.) (Entered: 10/31/2003)
Judge Robert B. Collings : Electronic ORDER entered granting 70 Motion for Preliminary Approval of Settlement. (Affsa, Gina) (Entered: 11/14/2003)
75 Judge Robert B. Collings : ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT entered re 74 Proposed Document(s) received filed by Carol A. MacDonald, Kimberly Connor, Anne Paulino, Christal Campbell(Affsa, Gina) (Entered: 11/14/2003)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 72 Assented To Motion To Appoint a Claims Administrator. (Dolan, Kathleen) (Entered: 11/17/2003)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 73 Assented To Motion to Appoint a Special Master. (Dolan, Kathleen) (Entered: 11/17/2003)
76 MOTION to Amend the Class Definitions by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino. (Attachments: # 1 Exhibit Proposed Notice of Amended Class Definitions# 2 Text of Proposed Order Amending the Class Definitions and Approving Notice of Amendment)(Friedman, Howard) (Entered: 02/24/2004)
77 MOTION for Settlement Final Approval of Class Settlement by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino.(Friedman, Howard) (Entered: 02/24/2004)
78 MEMORANDUM OF LAW by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino to 77 MOTION for Settlement Final Approval of Class Settlement. (Attachments: # 1 Exhibit Ex. 1: Settlement Agreement# 2 Exhibit Ex. 2: Affidavit of Howard Friedman# 3 Exhibit Ex. 3: Claims Administrator's Interim Report# 4 Exhibit Ex. 4: Affidavit of Myong J. Joun# 5 Exhibit Ex. 5: Affidavit of Attorney Gregory A. Belzley# 6 Exhibit Ex. 6: Affidavit of Attorney Daniel Duckett# 7 Exhibit Ex. 7: Notice of Claim Denial Late# 8 Exhibit Ex. 8: Notice of Claim Approval# 9 Exhibit Ex. 9: Notice of Denial - no record# 10 Exhibit Ex. 10: Notice of Denial - ID not confirmed# 11

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02/25/2004 02/27/2004 03/05/2004
03/05/2004 03/09/2004 03/11/2004 04/29/2004
04/30/2004 05/19/2004

Exhibit Ex. 11: Notice of Denial - outside class period# 12 Exhibit Ex. 12: Notice of Denial - insufficient docs)(Friedman, Howard) (Entered: 02/24/2004)
79 MOTION for Order to Proposed Order Granting Final Approval of Settlement by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino.(Friedman, Howard) (Entered: 02/24/2004)
80 MOTION for Attorney Fees and Costs by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino.(Friedman, Howard) (Entered: 02/24/2004)
81 MEMORANDUM OF LAW by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino to 80 MOTION for Attorney Fees and Costs. (Attachments: # 1 Exhibit Ex. 1: Affidavit of Attorney Kenneth Flaxman# 2 Exhibit Ex. 2: Affidavit of Jonathan Shapiro# 3 Exhibit Ex. 3: Affidavit of J. Lizette Richards# 4 Exhibit Ex. 4: Itemization of Expenses)(Friedman, Howard) (Entered: 02/24/2004)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 76 Assented To Motion to Amend the Class Definitions. (Dolan, Kathleen) (Entered: 02/26/2004)
82 Proposed Document(s) submitted by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino received for filing. Document received: Proposed Findings of Fact Supporting Award of Attorneys' Fees. (Friedman, Howard) (Entered: 02/27/2004)
ELECTRONIC Clerk's Notes for proceedings held before Judge Robert B. Collings: Hearing on Final Approval of Class Settlement held. Attorney Kesten does not appear; Attorney Brody appears in his stead an hour later. No objections to the settlement have been filed. Court to review papers and issue appropriate orders. Counsel: Friedman, Joun (plaintiffs); Louison, Brody (defendants). (DIGITAL RECORDING.) (Entered: 03/05/2004)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 77 Assented to Motion for Final Approval of Class Settlement. (Dolan, Kathleen) (Entered: 03/08/2004)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 80 Motion for Approval of Attorney Fees and Costs. (Dolan, Kathleen) (Entered: 03/09/2004)
83 Judge Robert B. Collings : ORDER entered GRANTING FINAL APPROVAL OF SETTLEMENT.(Dolan, Kathleen) (Entered: 03/11/2004)
85 NOTICE OF APPEAL by Kimberly Bearse. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 5/19/2004. (Boyce, Kathy) (Entered: 05/12/2004)
84 Answer regarding the denial of claim by Barbara DiBenedetto, FILED. (Boyce, Kathy) (Entered: 05/06/2004)
86 MOTION to Correct Docket Entry by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino.(Friedman, Howard) (Entered: 05/19/2004)

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05/25/2004 05/26/2004 06/01/2004 06/02/2004 06/02/2004 06/04/2004
06/04/2004

87 NOTICE of Telephone Conference set for 5/26/2004 11:30 AM in Courtroom 14 before Robert B. Collings. (Dolan, Kathleen) (Entered: 05/20/2004)
88 Certified and Transmitted Record on Appeal to US Court of Appeals re 85 Notice of Appeal, (Ramos, Jeanette) (Entered: 05/21/2004)
89 Response by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino to 84 Response, 85 Notice of Appeal, the Pro Se Motions. (Friedman, Howard) (Entered: 05/24/2004)
90 MOTION for Disbursement of Funds Plaintiff's Assented to Motion to Appoint a New Claims Administrator and Approve Distribution of the Settlement Fund by Christal Campbell, Kimberly Connor, Carol A. MacDonald, Anne Paulino. (Attachments: # 1 Text of Proposed Order Proposed Order re Assented to Motion to Appoint a New Claims Administrator and Approve Distribution of the Settlement Funds# 2 Exhibit Second Interim Report on the Connor Settlement Final Distribution# 3 Attachment A: Approval Notice 1# 4 Attachment B: Approval Notice 2# 5 Attachment C: Approval Notice 3# 6 Attachment D: Approval Notice 4# 7 Attachment E: Denial Notice 1# 8 Attachment F: Denial Notice 2# 9 Attachment G: Denial Notice 3)(Friedman, Howard) (Entered: 05/24/2004)
91 USCA Case Number 04-1660 for 85 Notice of Appeal, filed by Kimberly Bearse. (Ramos, Jeanette) (Entered: 05/26/2004)
ELECTRONIC Clerk's Notes for proceedings held before Judge Robert B. Collings: Telephonic Status Conference held on 5/26/2004. Counsel indicate the Court's options re: the filings by Ms. DiBenedetto and Ms. Bearse are contained in recent filings. Court to review them and make the necessary determinations. (DIGITAL RECORDING.) (Entered: 05/26/2004)
92 Judge Robert B. Collings : ORDER RE: LATE CLAIMS entered. It is ORDERED that any claims received by April 13, 2004 be deemed filed in a timely manner.(Dolan, Kathleen) (Entered: 06/01/2004)
Judge Robert B. Collings : ELECTRONIC ORDER entered denying 86 Assented to Motion to Correct Docket Entry. Motion DENIED as moot in view of the ruling of the Court of Appeals on June 1, 2004. (Dolan, Kathleen) (Entered: 06/03/2004)
Judge Robert B. Collings : ELECTRONIC ORDER entered granting 90 Motion for Disbursement of Funds; So ORDERED. (Dolan, Kathleen) (Entered: 06/03/2004)
93 USCA Judgment as to Notice of Appeal 85 filed by Kimberly Bearse. As Kimberly Bearse's pro se letter dated April 27, 2004 appears to be a request addressed to the district judge and not a notice of appeal to this Court, It is hereby ordered that the above-captioned case be administratively closed and returned to the U.S. District Court for the District of Massachusetts. Mandate to issue forthwith. (Ramos, Jeanette) (Entered: 06/04/2004)
94 MANDATE of USCA as to 85 Notice of Appeal, filed by Kimberly Bearse. It is hereby ordered that the above-captioned case be administratively closed and returned to the U.S. District Court for the District of Massachusetts. (Ramos,

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01/10/2005 01/11/2005

Jeanette) (Entered: 06/04/2004)
Appeal Record Returned: 85 Notice of Appeal, (Ramos, Jeanette) (Entered: 06/04/2004)
95 Judge Robert B. Collings : ORDER entered (Affsa, Gina) (Entered: 06/10/2004)
Judge Robert B. Collings: ELECTRONIC ORDER entered terminating 79 Motion for Order. #79 is not a motion; it is a proposed order. (Entered: 08/04/2004)
96 NOTICE of Withdrawal of Appearance, Attorney J. Lizette Richards terminated. FILED, c/s.(Boyce, Kathy) (Entered: 11/03/2004)
97 Assented to MOTION for Order to For Final Orders by Kimberly Connor. (Attachments: # 1 Interim Report by Blackman Kallick Bartelstein, LLP# 2 Declaration of Estelle McLean)(Friedman, Howard) (Entered: 12/28/2004)
98 MEMORANDUM in Support re 97 Assented to MOTION for Order to For Final Orders Permitting Distribution of the Remainder of Settlement Fund filed by Kimberly Connor. (Attachments: # 1)(Friedman, Howard) (Entered: 12/28/2004)
Judge Robert B. Collings : ElectronicORDER entered granting 97 Plaintiffs' Assented to Motion for Final Orders. Counsel shall submit to the Court in hard copy format an agreed-upon Order for the Court to enter in conformity with the allowance of this motion. (Entered: 01/06/2005)
100 Judge Robert B. Collings : ORDER entered granting 99 Assented to Motion for Final Orders: (1). The Court APPROVES the payment of $1,045.44 (plus any fees and expenses for preparation and distribution of 1099 forms not to excees $500.00) to Analytics, Inc., the successor claims administrator, for post-distribution fees and expenses, and the Court further ORDERS that Analytics, Inc. be paid within 30 days from the date of this Order. (2). The Court APPROVES the award of the remaining balance in the Settlement Fund to Massachusetts Correctional Legal Services, Inc. (MCLS) under the cy pres doctrine, and the Court further ORDERS that the award be made within 30 days from the date of this Order. (3). The Court ORDERS that this case be closed as an active case on the court's docket, subject only to monitoring of the use of the funds given to MCLS. cc/cl. (Boyce, Kathy) (Entered: 01/13/2005)
Civil Case Terminated. (Boyce, Kathy) (Entered: 01/13/2005)
99 Proposed MOTION for Order to Final Orders by Kimberly Connor.(Friedman, Howard) (Entered: 01/11/2005)

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