Case 2:14-cv-00001-WTL-WGH Document 1 Filed 01/03/14 Page 1 of 19 PageID #: 1

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

BRIAN CARR et al.,

Plaintiffs,

v.
CHARLES E. SAMUELS, JR. DIRECTOR, FEDERAL BUREAU OF PRISONS;

No. 2:14-CV-1

JOHN OLIVER, WARDEN, FEDERAL CORRECTIONAL INSTITUTION, TERRE HAUTE, INDIANA;
JOHN CARAWAY, COMPLEX WARDEN, UNITED STATES PENITENTIARY, TERRE HAUTE, INDIANA;

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, AND ATTORNEYS’ FEES;

PAUL LAIRD, REGIONAL DIRECTOR, FEDERAL BUREAU OF PRISONS,

DEMAND FOR A JURY TRIAL

Defendants.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Come now Plaintiffs Brian Carr, Reed Berry, Mark Crenshaw, Trone Kent, and John Wilson, by and through their attorneys, and for their Complaint state as follows:
NATURE OF ACTION
1. Plaintiffs are sincere adherents of Islam confined in United States Penitentiary (“USP”) facilities. Each of the men sincerely believes that his religion commands him to eat certified halal meals, including certified halal meat.

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2. The prison’s Religious Diet Program provides only kosher meals. Inmates who do not qualify for the Religious Diet Program are offered a “no-pork” or “no-flesh” alternative to the mainline menu, both of which are susceptible to contamination from pork or other products forbidden by the plaintiffs’ religious beliefs.
3. Defendants’ failure to provide certified halal meals, including halal meat, imposes a substantial burden on Plaintiffs’ religious exercise and neither furthers a compelling governmental interest nor represents the least restrictive means of furthering a compelling governmental interest. Defendants have therefore violated the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb-1, Plaintiffs’ First Amendment right to free exercise of religion, and the Equal Protection Clause of the Fifth Amendment to the United States Constitution. Plaintiffs request appropriate declaratory and injunctive relief.
JURISDICTION AND VENUE 4. This Court has jurisdiction according to 28 U.S.C. § 1331. 5. Venue is proper in this district according to 28 U.S.C. § 1391. Plaintiffs and Defendants are located in this District. The events giving rise to this action occurred in this District. 6. Declaratory relief is authorized by 28 U.S.C. §§ 2201, 2202 and by Rule 57 of the Federal Rules of Civil Procedure. 7. This action is brought pursuant to RFRA, 42 U.S.C. § 2000bb-1(c).
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PARTIES 8. Plaintiff BRIAN CARR is an adult person currently confined at USP Terre Haute in Indiana. Mr. Carr is a sincere adherent of Sunni Islam. 9. Plaintiff REED BERRY is an adult person currently confined at USP Terre Haute. Mr. Berry is a sincere adherent of Sunni Islam. 10. Plaintiff MARK CRENSHAW is an adult person currently confined at USP Terre Haute. Mr. Crenshaw is a sincere adherent of Sunni Islam. 11. Plaintiff TRONE KENT is an adult person currently confined at USP Terre Haute. Mr. Kent is a sincere adherent of Sunni Islam. 12. Plaintiff JOHN WILSON is an adult person who was until recently confined at USP Terre Haute. He is currently in transit between federal facilities. Mr. Wilson is a sincere adherent of Shia Islam. 13. Defendant CHARLES E. SAMUELS, JR. is the Director of the Federal Bureau of Prisons (“BOP”), which is an agency of the United States Department of Justice (“DOJ”). The BOP is authorized by the DOJ to maintain the federal prison system and to act through its governing body, officials, and employees. As Director of the BOP, Defendant supervises BOP operations and executes its policies. He is sued in his official capacity. 14. Defendant JOHN OLIVER is the Warden at the Federal Correctional Institution (“FCI”) in Terre Haute, Indiana. As Warden, Defendant supervises prison operations and makes decisions regarding expenditure of prison funds. He is sued in his official capacity.
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15. Defendant JOHN CARAWAY is the Complex Warden at USP Terre Haute. As Complex Warden, Defendant manages the day-to-day operations of USP Terre Haute and executes its policies. Defendant was also the signatory on the response to the Request for Administrative Remedy filed by Plaintiff Berry. He is sued in his official capacity.
16. Defendant PAUL LAIRD is the Regional Director of the BOP’s North Central Regional Office. As Regional Director, he enforces BOP policies and was the signatory on the response to the Regional Administrative Remedy appeals filed by Plaintiffs Berry, Crenshaw, and Kent. He is sued in his official capacity.
STATEMENT OF FACTS Plaintiffs’ Need to Consume Certified Halal Meals, Including Certified Halal Meat, Is a Sincere Religious Belief 17. Each of the Plaintiffs identifies as Muslim and follows the five pillars of Islam to the extent he is able while incarcerated. The five pillars of Islam include: (1) declaration that there is no god except God and that the Prophet Muhammad is God’s messenger; (2) prayer five times a day; (3) fasting during Ramadan; (4) zakat, or charity; and (5) haj, or pilgrimage, to Mecca once in a lifetime if financially and physically able.
18. Plaintiffs also sincerely believe that their religion requires them to consume only food items that are “halal,” meaning lawful, as opposed to foods that are “haram,” or forbidden. Haram foods include, but are not limited to, pork or pork byproducts, meat from animals not slaughtered according to ritual, additives containing alcohol, including sugar alcohols, gelatin, animal shortening, and certain emulsifiers or enzymes. Plaintiffs believe that consuming haram food makes their prayers ineffective.
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19. Plaintiffs believe that, as Muslims, they are forbidden from being vegetarian and therefore must consume halal meat, not just fish and vegetables, as part of their regular diet.
20. For meat to be halal, the animal from which it comes cannot have died of causes other than proper slaughtering in accordance with Islam. The animal must be slaughtered individually, by hand, by an adult Muslim while reciting the name of Allah, and in a manner prescribed by Islamic law. Meat not slaughtered in this manner is haram.
21. Unlike meat, fish are halal without regard to how they were slaughtered. 22. While fresh fruits and vegetables are halal, prepared fruits and vegetables are haram if prepared with sauces or additives that are haram, or if exposed to cross-contaminants through the cooking or serving process. 23. Plaintiffs believe that centuries ago, kosher standards may have approximated halal standards, leading to the statement in the Quran that Muslims are permitted to eat food of the “people of the book,” but Plaintiffs believe that modern kosher practices no longer satisfy halal requirements.
USP Terre Haute, and the BOP Generally, Do Not Provide Halal Meals. 24. USP Terre Haute does not provide certified halal meals. 25. The BOP’s Religious Diet Program has its origins in a lawsuit filed in 1980 by Muslim inmates seeking access to halal meals, including halal meat, and alleging among other things that the BOP was violating their right to equal protection of the law by accommodating kosher diets but not halal diets. In response to that suit, in 1984 the BOP voluntarily instituted
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the Modified Common Fare Religious Diet Program, which it represented to the District Court would be free of pork and pork derivatives, free of contamination, and would include at least three hot entrees a week “to accommodate the religious diet needs of the Muslim and Jewish inmates and would meet or exceed the required dietary allowances established by the Food and Nutrition Board of the National Academy of Sciences.” Al Shakir v. Carlson, 605 F.Supp. 374, 375 (M.D. Penn. 1984).
26. On information and belief, although some halal meals were served at different facilities after 1984, at some point the BOP abandoned the Modified Common Fare Religious Diet Program in favor of a Religious Diet Program that consisted of individual sealed trays of pre-prepared kosher-certified meals. The Religious Diet Program meals are not certified as halal.
27. USP Terre Haute follows the BOP’s national policy regarding religious dietary requirements. Pursuant to that policy, inmates who request halal meals are directed to two options: the national Religious Diet Program or the mainline menu “no flesh” option. Neither alternative satisfies Plaintiffs’ religious dietary requirements.
Religious Diet Program 28. USP Terre Haute’s Religious Diet Program consists of individually packaged meal trays purchased from an outside vendor and stamped with a kosher certification.
29. USP Terre Haute’s Religious Diet Program is administered in accordance with the BOP’s national Religious Diet Program standards, which specify that meals provided pursuant to that program are certified kosher.
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30. Although both USP Terre Haute and the BOP have represented to Plaintiffs that the Religious Diet Program fulfills the dietary requirements of all religions, the program does not require halal certification, and the meals provided pursuant to that program are not halal certified even though the BOP acknowledges that Muslim inmates have religious dietary requirements.
31. Kosher-certified meals do not conform to Plaintiffs’ religious dietary restrictions. Kosher requirements for the slaughter of animals do not ensure that the animal was slaughtered by a Muslim, or that the name of Allah was pronounced over each animal before it was killed. Additionally, Plaintiffs believe that some commercial kosher slaughterhouses use machines to kill the animals, which is forbidden under Plaintiffs’ religious beliefs.
32. Kosher requirements also differ from halal requirements because the latter forbid the ingestion of any alcohol, including the trace amounts of alcohol that appear in some sauces and seasonings. On information and belief, kosher certification does not require that the food be free of trace amounts of alcohol.
“No Flesh” Option 33. The BOP’s standard, non-specialized national inmate meal program is referred to as the “mainline” menu. The mainline menu includes various meat products.
34. Pursuant to BOP policy, the mainline menu has an official “no flesh” option for which inmates may register. The “no flesh” option is identical to the regular mainline meals except that a non-meat alternative protein (such as peanut butter or cottage cheese) replaces the meat items.
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35. The “no flesh” mainline menu option does not accommodate Plaintiffs’ religious dietary restrictions because it requires Plaintiffs to maintain a vegetarian diet, which Plaintiffs sincerely believe to be forbidden by Islam.
36. The “no flesh” option is further doubtful or haram because many common foods, particularly prepared foods, contain trace amounts of pork enzymes or other haram ingredients. Although the “no flesh” option does not include meat entrees, neither USP Terre Haute nor the BOP has represented that the vegetables, bread, and dairy products are free from these enzymes and other haram ingredients.
37. USP Terre Haute’s “no flesh” mainline menu option also fails to accommodate Plaintiffs’ religious dietary restrictions because it is subject to contamination from pork products and other haram food items.
38. Unlike the Religious Food program’s certified-kosher meals, which are purchased from an outside vendor and arrive in individually wrapped trays to prevent contamination, the “no flesh” option is prepared at the prison in the same kitchen as the non-vegetarian meals.
39. At each meal, inmates receiving the mainline menu request either a regular tray or a “no flesh” tray, and individuals working in the kitchen place each item onto the tray in accordance with those requests. There is no physical separation on the serving line between items containing meat and those that are purportedly vegetarian; a container of vegetables from which both regular and “no flesh” trays are served may be located directly next to a container from which pork is served.
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40. In addition, on information and belief, the “no flesh” option uses the same trays as the mainline menu, and “no flesh” items are prepared using the same pots and other kitchen utensils that, on other occasions, are used to prepare items containing haram meat or meat that has not been certified halal.
41. Plaintiffs have personally witnessed sanitation problems in the kitchen that make it impossible for them to have confidence that the “no flesh” option is not contaminated with meat products. These sanitation problems include the mechanical dishwasher breaking, running out of soap to clean trays, running out of hot water, build-up of food residue inside the large pots in which food is prepared, and other inmates’ failure to thoroughly clean the pots, trays, and utensils.
42. When the prison or a section of the prison is placed on lockdown, which occurs as often as a few times per month, inmates are served meals in their cells for the duration of the lockdown. Inmates on the Religious Diet Program continue to receive the same kosher-certified trays they otherwise would. However, inmates on the “no flesh” mainline menu receive the same meals as inmates on the regular, non-vegetarian diet.
43. On past occasions when USP Terre Haute was placed on lockdown, two of the three daily meals for both the “no flesh” diet and the regular diet consisted of bread, cheese, and a bologna-type meat. Plaintiffs on the “no flesh” option have been forced to consume the bologna-type meat during lockdown because the bread and cheese alone were not enough to sustain them.
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Food Available for Purchase at the Commissary 44. Plaintiffs can purchase food from the Commissary, though such purchases are restricted in both frequency and volume and are not permitted at all during inmate-specific or facility-wide lockdowns.

45. USP Terre Haute provides one meat product in the Commissary that has been certified halal, a beef sausage.

46. Plaintiffs are unable to afford to make regular purchases of the halal sausage. Between paying restitution for their crimes, purchasing hygiene products, stamps, and legal copies, and paying for phone calls to family, any income Plaintiffs have from their prison jobs or from family and friends is not sufficient to purchase halal sausages regularly to supplement the “no flesh” option or replace non-halal meat from the mainline menu or Religious Diet program.

Plaintiffs’ Religious Beliefs and Current Diets Plaintiff Brian Carr
47. Plaintiff Brian Carr (#14820-016) is an adult male housed at USP Terre Haute in Terre Haute, Indiana. Mr. Carr was previously housed in the Communications Management Unit (“CMU”) in the Federal Correctional Institution at Terre Haute, but he has been in the USP facility since September 2011.

48. 1999.

Mr. Carr has been Muslim since 1994 and has identified as a Sunni Muslim since

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49. Mr. Carr identifies with the Hanafi school of Islamic thought, which provides a comprehensive explanation of halal dietary laws. Mr. Carr sincerely believes that he must follow the practices of the Prophet, which means that he must eat only halal food and that he is forbidden from being vegetarian. Eating a halal diet, including halal meat, is also essential to his practice as a Sufi.
50. Mr. Carr is on the Religious Diet Program and receives kosher-certified meal trays. Although the kosher meals do not conform to his religious beliefs, Mr. Carr believes that they are the least harmful to his faith of the options available to him. He does not eat the kosher meat.
51. Mr. Carr does not eat from the mainline menu because, even with the “no flesh” option, he is concerned about contamination from pork products and other haram ingredients.
Plaintiff Reed Berry 52. Plaintiff Reed Berry (#16114-040) is an adult male housed at USP Terre Haute in Terre Haute, Indiana. 53. Mr. Berry has identified as a Sunni Muslim for approximately six years and follows the Hanafi school of thought. 54. Mr. Berry sincerely believes that, as a Muslim, he is forbidden from being vegetarian. Because the Quran describes cows as nourishment and indicates that meat was slaughtered and given to the poor at the end of pilgrimages, Mr. Berry believes that meat-eating is part of the Muslim religion.
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55. Mr. Berry does not believe that kosher requirements are sufficiently similar to halal standards to serve as a substitute because, for example, a rabbi might pronounce the name of God over a group of animals rather than individually, as halal standards require, and modern kosher slaughterhouses may use machines for slaughter, while halal standards require that animals be slaughtered by hand.
56. Rather than join the Religious Diet Program, which provides only kosher meals and does not provide the same variety and nutritional value as the mainline menu, Mr. Berry eats the “no flesh” option from the mainline menu. Mr. Berry does not eat the meat because it is not halal certified, but on occasion when the other food provided is not sufficient—such as during lockdown—he will eat the non-pork meat items.
57. Mr. Berry is concerned that the non-meat options on the mainline menu may be contaminated with traces of pork or other forbidden ingredients, either because they are cooked in the same pots, or because the utensils used for meat entrees are also used for side dishes and are not adequately cleaned.
Plaintiff Mark Crenshaw 58. Mark Crenshaw (#24135-083) is an adult male in the custody of USP Terre Haute in Terre Haute, Indiana.
59. Mr. Crenshaw has identified as a Sunni Muslim since 1994. As a Sunni Muslim, he takes his practices from the Sunna, or teachings and practices, of the Prophet. Mr. Crenshaw also follows the Hanafi school of thought, which mandates strict adherence and instructs that following the Prophet’s practices is obligatory.
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60. For his prayers to be accepted, Mr. Crenshaw sincerely believes that he must eat halal food because “flesh nurtured off of haram is in the fire.”
61. Mr. Crenshaw eats the “no flesh” option from the mainline menu. Although this vegetarian diet violates his religious beliefs, he believes that it is preferable to eating forbidden meat. Mr. Crenshaw is concerned about cross-contamination in the non-meat options he consumes.
62. For a time, Mr. Crenshaw ate from the Religious Diet Program but no longer does so because kosher meals do not conform to his religious beliefs. Though kosher standards may once have been acceptable to Muslims, Mr. Crenshaw believes that modern-day kosher preparation is no longer permissible because, among other things, it does not require pronunciation of Allah’s name before slaughter.
Plaintiff Trone Kent 63. Plaintiff Trone Kent (#32556-044) is an adult male housed at USP Terre Haute in Terre Haute, Indiana. 64. Mr. Kent has identified as a Sunni Muslim for seven years and follows the Hanafi school of thought with respect to his dietary beliefs. 65. Mr. Kent sincerely believes that, as a Muslim, he must eat meat, and it must be certified halal. He cannot eat any food items contaminated with haram ingredients, including but not limited to traces of pork or alcohol.
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66. Mr. Kent currently receives the Religious Diet Program meal plan. Although those meals do not satisfy halal requirements, he feels that they are more acceptable than mainline menu items because there are no traces of pork in the kosher food.
Plaintiff John Wilson 67. Plaintiff John Wilson (#09408-007) is an adult male who was until recently in the custody of USP Terre Haute in Terre Haute, Indiana. He is currently in transit between federal facilities; his destination is unknown. 68. Mr. Wilson identifies as a Shia Muslim in the Jafari School of thought and has been Muslim since 2000. 69. Mr. Wilson’s religious views require strict adherence to halal dietary requirements. Mr. Wilson sincerely believes that he must eat only halal-certified foods. He also believes that he must eat halal meat, because a hadith, an account of things said or done by the Prophet and his companions, proscribes being vegetarian. To Mr. Wilson, that is a binding command, like the requirement of daily prayer. 70. While 1400 years ago when the Prophet lived, kosher requirements might have approximated halal requirements, Mr. Wilson believes that modern-day kosher requirements are questionable in terms of their satisfaction of halal standards. 71. Mr. Wilson used to receive the “no flesh” option from the mainline menu, but he currently receives the Religious Meal Program trays and eats only the vegetables and fish (when provided). He does not eat the meat because it is kosher, not halal.
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Plaintiffs’ Religious Exercise Is Substantially Burdened 72. USP Terre Haute’s failure to provide Plaintiffs with nutritionally adequate meals that conform to their religious beliefs places a substantial burden on their religious exercise. 73. As a result of Defendants’ actions, Plaintiffs have been forced to violate their religious beliefs by consuming food that has not been certified halal and that may contain alcohol, pork products, or other haram ingredients. Additionally, some of the Plaintiffs have been forced to maintain a vegetarian diet, which they believe to be forbidden by Islam. Plaintiffs believe their prayers and worship are destroyed by consuming non-halal food. 74. Plaintiffs’ inability to maintain a halal-certified diet including halal meat has compromised their nutrition because they feel forced to forego questionable food items. 75. When Plaintiffs cannot forego haram products because they would otherwise go hungry, they feel psychologically burdened by having to choose between adequate nutrition and their sincerely held religious beliefs. 76. As a result, they are unable to practice their religious beliefs. Plaintiffs feel spiritually frustrated, tempted to sin by consuming non-halal foods, and distracted in prayer.
Defendants Place Burdens on the Exercise of Islam that They Do Not Place on Other Religions
77. USP Terre Haute’s Religious Diet Program offers inmates certified kosher meals to accommodate religious dietary restrictions. It does not provide certified halal meals.
78. USP Terre Haute purchases these certified kosher meals from an outside vendor.
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79. USP Terre Haute refuses to provide certified halal meals from an outside vendor.
80. On information and belief, USP Terre Haute’s Religious Diet Program is part of the BOP’s broader Religious Diet Program, and conforms to the BOP’s policies regarding the provision of meals that accommodate religious dietary restrictions.
81. Muslim inmates (i.e. Sunni, Sufi, and Shia) greatly outnumber Jewish inmates at USP Terre Haute and in the BOP system generally.
82. No Defendant, nor any agent of the BOP, has ever identified any interest to account for the provision of kosher-certified meals while refusing to provide similar halalcertified meals. The Defendants’ actions in this matter are therefore not substantially justified.
COUNT I Violations of the Religious Freedom Restoration Act
“Substantial Burden on Religious Exercise” (42 U.S.C. §§ 2000bb et seq.)
83. Paragraphs 1 through 82 are incorporated by reference as if set forth fully herein.
84. Defendants have imposed, and continue to impose, substantial burdens on Plaintiffs’ religious exercise that are causing Plaintiffs irreparable harm.
85. Defendants’ policies and practices regarding the provision of meals require Plaintiffs to abandon their religious obligations because the Religious Diet Program does not include an option that is certified as halal and because the alternative suggested by Defendants—the “no flesh” option on the mainline menu—is subject to contamination and does not accommodate Plaintiffs’ sincere religious belief that they are forbidden to be vegetarian.
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86. Defendants’ policies impose a substantial burden on Plaintiffs’ religious exercise and do not further a compelling governmental interest. Moreover, even if the policies did further a compelling governmental interest, they do not represent the least restrictive means to further such interest.
COUNT II Violation of the Free Exercise Guarantee of the First Amendment to the United States Constitution 87. Paragraphs 1 through 82 are incorporated by reference as if set forth fully herein.
88. Defendants have deprived, and continue to deprive, Plaintiffs of their right to free exercise of religion, as guaranteed by the First Amendment to the United States Constitution, by failing to provide Plaintiffs with nutritionally adequate meals that conform to their sincere religious beliefs.
COUNT III Violation of the Equal Protection Guarantee of the Fifth Amendment to the United States Constitution 89. Paragraphs 1 through 82 are incorporated by reference as if set forth fully herein.
90. Defendants have deprived, and continue to deprive, Plaintiffs of their right to equal protection of the laws, as guaranteed by the Fifth Amendment to the United States Constitution, by treating Plaintiffs differently from similarly situated religious groups, such as the Jewish inmates who receive certified kosher meals.
91. The BOP has been on notice since at least 1980 that Muslim inmates require access to halal meals, including halal meat, to exercise their religious beliefs. Despite
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assurances that the BOP would provide a diet that satisfied both Jewish and Muslim inmates’ religious dietary requirements, the BOP has consistently accommodated kosher diets while refusing to accommodate halal diets.
92. Defendants’ disparate treatment of Plaintiffs is based on Plaintiffs’ religion and is motivated by unlawful discrimination.
REQUEST FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court:
a) Enter judgment for the Plaintiffs and against the Defendants on all counts of this Complaint;
b) Declare the practice of denying Plaintiffs adequate meals that conform to their sincere religious beliefs unconstitutional and/or in violation of federal law;
c) Enter a permanent injunction ordering the Defendants to provide the Plaintiffs with a nutritionally adequate, halal-certified diet that fully conforms to their religious beliefs and to ensure that halal-certified meat products are available for purchase in the Commissary;
d) Enter a permanent injunction ordering the Defendants to provide access to information regarding the source(s) of halal certification of their meals so that the Plaintiffs may ensure the meals conform to their religious beliefs;
e) Award the Plaintiffs reasonable costs and attorneys’ fees; f) Grant such other relief as the court deems just and proper.
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DEMAND FOR JURY

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby demand a trial by jury in this action of all issues so triable.

Dated: January 3, 2014 By:

Respectfully submitted,
__/s/ David J. Leviss_________________
David J. Leviss O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Tel: (202) 383-5282 Fax: (202) 383-5414 dleviss@omm.com

Deborah Golden WASHINGTON LAWYERS’ COMMITTEE 11 Dupont Circle NW Washington, DC 20036 Tel: (202) 319-1000 deborah_golden@washlaw.org

Attorneys for Plaintiffs

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 Case 2:14-cv-00001-WTL-WGH Document 18 Filed 06/13/14 Page 1 of 18 PageID #: 206

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

BRIAN CARR et al.,

Plaintiffs,

No. 2:14-cv-00001-WTH-WGH

v.

CHARLES E. SAMUELS, JR. DIRECTOR, FEDERAL BUREAU OF PRISONS;

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND ATTORNEYS’ FEES

Defendant.

DEMAND FOR A JURY TRIAL

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Come now Plaintiffs Brian Carr, Mark Crenshaw, Trone Kent, and John Wilson
(“Plaintiffs”), by and through their attorneys, and for their Complaint state as follows:
NATURE OF ACTION
1. Plaintiffs are sincere adherents of Islam confined in United States Penitentiary (“USP”) and Federal Correctional Institution (“FCI”) facilities. Each of the men sincerely believes that his religion commands him to eat certified halal meals, including certified halal meat.
2. The prisons’ Religious Diet Program provides only kosher meals. The meat in the kosher meals does not come from animals slaughtered in a manner prescribed by Islamic law. The kosher meals are also susceptible to contamination from trace amounts of alcohol and other products that are forbidden by the Plaintiffs’ religious beliefs. Inmates who do not qualify for the Religious Diet Program are offered a “no-pork” or “no-flesh” alternative to the mainline
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menu, both of which are, similarly, susceptible to contamination from pork or other products forbidden by the Plaintiffs’ religious beliefs. As a result, Plaintiffs are forced to violate their sincerely held religious beliefs on a daily basis in order to survive.
3. The failure of Defendant Charles E. Samuels, Jr., in his capacity as Director of the Federal Bureau of Prisons (“BOP”), to provide certified halal meals, including halal meat, imposes a substantial burden on Plaintiffs’ religious exercise and neither furthers a compelling governmental interest nor represents the least restrictive means of furthering a compelling governmental interest. Defendant’s failure to provide certified halal meals to Plaintiffs, while consistently accommodating Jewish inmates’ religious dietary requirements, also amounts to discriminatory treatment that is based on Plaintiffs’ religion, motivated by unlawful discrimination, and not reasonably related to legitimate penological interests. Defendant has therefore violated the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb-1 and the Equal Protection Clause of the Fifth Amendment to the United States Constitution. Plaintiffs request appropriate declaratory and injunctive relief.
JURISDICTION AND VENUE
4. This Court has jurisdiction according to 28 U.S.C. § 1331.
5. Venue is proper in this district according to 28 U.S.C. § 1391. A substantial part of the events giving rise to this action occurred in this district. Two of the four Plaintiffs are located in this district.
6. Declaratory relief is authorized by 28 U.S.C. §§ 2201, 2202 and by Rule 57 of the Federal Rules of Civil Procedure.
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7. This action is brought pursuant to RFRA, 42 U.S.C. § 2000bb-1(c). PARTIES
8. Plaintiff BRIAN CARR is an adult person who was until recently confined at USP Terre Haute in Indiana. He is currently confined at FCI Jesup in Georgia. Mr. Carr is a sincere adherent of Sunni Islam.
9. Plaintiff MARK CRENSHAW is an adult person currently confined at USP Terre Haute. Mr. Crenshaw is a sincere adherent of Sunni Islam.
10. Plaintiff TRONE KENT is an adult person currently confined at USP Terre Haute. Mr. Kent is a sincere adherent of Sunni Islam.
11. Plaintiff JOHN WILSON is an adult person who was until recently confined at USP Terre Haute. He is currently confined at FCI Jesup in Georgia. Mr. Wilson is a sincere adherent of Shia Islam.
12. Defendant CHARLES E. SAMUELS, JR. is the Director of the BOP, which is an agency of the United States Department of Justice (“DOJ”). The BOP is authorized by the DOJ to maintain the federal prison system and to act through its governing body, officials, and employees. As Director of the BOP, Defendant supervises BOP operations and executes its policies. He is sued in his official capacity.
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STATEMENT OF FACTS Plaintiffs’ Need To Consume Certified Halal Meals, Including Certified Halal Meat, Is a Sincere Religious Belief 13. Each of the Plaintiffs identifies as Muslim and follows the five pillars of Islam to the extent he is able while incarcerated. The five pillars of Islam include: (1) declaration that there is no god except Allah and that the Prophet Muhammad is Allah’s messenger; (2) prayer five times a day; (3) fasting during Ramadan; (4) zakat, or charity; and (5) haj, or pilgrimage, to Mecca once in a lifetime if financially and physically able.
14. Plaintiffs also sincerely believe that their religion requires them to keep “halal” in all areas of life, including diet. This belief requires them to consume only food items that are halal, meaning lawful, as opposed to foods that are “haram,” or forbidden. Haram foods include, but are not limited to, pork or pork byproducts, meat from animals not slaughtered according to ritual, additives containing alcohol, including sugar alcohols, gelatin, animal shortening, and certain emulsifiers or enzymes.
15. Plaintiffs believe that consuming haram food makes their prayers ineffective.
16. Plaintiffs believe that the Qur’an is the word of Allah.
17. Plaintiffs believe that, according to the Qur’an and hadiths interpreting the Qur’an, as Muslims, they must abstain from forbidden or doubtful foods and are forbidden from being vegetarian. They are therefore obligated to consume halal meat, not just fish and vegetables, as part of their regular diet.
18. Plaintiffs believe that for meat to be halal, the animal from which it comes cannot have died of causes other than proper slaughtering in accordance with Islam. The animal must
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be slaughtered individually, by hand, by an adult Muslim while reciting the name of Allah, and in a manner prescribed by Islamic law. Meat that comes from an animal not slaughtered in this manner is haram. Kosher certification does not require these steps.
19. Plaintiffs believe that, unlike meat, fish are halal without regard to how they were slaughtered. Plaintiffs also believe that fish are haram if prepared with sauces or additives that are haram, or if exposed to cross-contaminants through the cooking or serving process.
20. Plaintiffs believe that while fresh fruits and vegetables are halal, fruits and vegetables are haram if prepared with sauces or additives that are haram, or if exposed to crosscontaminants through the cooking or serving process.
USP Terre Haute, FCI Jesup, and the BOP Generally, Do Not Provide Halal Meals 21. USP Terre Haute does not provide certified halal meals. 22. FCI Jesup does not provide certified halal meals. 23. As set forth in more detail below, the food currently provided in kosher-certified
meal trays is haram according to Plaintiffs’ sincerely held beliefs. 24. The BOP’s Religious Diet Program has its origins in a lawsuit filed in 1980 by
Muslim inmates seeking access to halal meals, including halal meat, and alleging among other things that the BOP was violating their right to equal protection of the law by accommodating kosher diets but not halal diets. In response to that suit, in 1984 the BOP voluntarily instituted the Modified Common Fare Religious Diet Program, which it represented to the District Court for the Middle District of Pennsylvania would be free of pork and pork derivatives, free of
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contamination, and would include at least three hot entrees a week “to accommodate the religious diet needs of the Muslim and Jewish inmates and would meet or exceed the required dietary allowances established by the Food and Nutrition Board of the National Academy of Sciences.” Al Shakir v. Carlson, 605 F. Supp. 374, 375 (M.D. Penn. 1984).
25. On information and belief, although some halal meals were served at different facilities after 1984, at some point the BOP abandoned the Modified Common Fare Religious Diet Program in favor of a Religious Diet Program called the Certified Processed Foods Program, which consists of individual sealed trays of pre-prepared kosher-certified meals. The Religious Diet Program meals are not certified as halal.
26. USP Terre Haute and FCI Jesup follow the BOP’s national policy regarding religious dietary requirements. Pursuant to that policy, inmates who request halal meals are directed to two options: the national Religious Diet Program or the mainline menu “no flesh” option. Neither alternative satisfies Plaintiffs’ religious dietary requirements.
27. The BOP’s national policies concerning religious dietary requirements have never required the provision of certified halal meals to inmates.
Religious Diet Program 28. USP Terre Haute and FCI Jesup’s Religious Diet Program consists of individually packaged kosher meal trays purchased from an outside vendor. 29. The kosher meal trays contain meat.
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30. USP Terre Haute’s and FCI Jesup’s Religious Diet Programs are administered in accordance with the BOP’s national Religious Diet Program standards, which specify that meals provided pursuant to that program are certified kosher.
31. Although both USP Terre Haute and the BOP have represented to Plaintiffs that the Religious Diet Program fulfills the dietary requirements of all religions, the program does not require halal certification, and the meals provided pursuant to that program are not halal certified even though the BOP acknowledges that Muslim inmates have religious dietary requirements.
32. Kosher-certified meals do not conform to Plaintiffs’ religious dietary restrictions. Kosher requirements for the slaughter of animals do not ensure that the animal was slaughtered by a Muslim, or that the name of Allah was pronounced over each animal before it was killed. Additionally, Plaintiffs believe that some commercial kosher slaughterhouses use machines to kill the animals, which is forbidden under Plaintiffs’ religious beliefs.
33. Kosher requirements also differ from halal requirements because the latter forbid the ingestion of any alcohol, including the trace amounts of alcohol that appear in some sauces, seasonings, and food items. Many wines and alcohols are considered kosher. Kosher certification therefore does not require that the food be free of even trace amounts of alcohol. Put simply, kosher is not halal. The BOP’s contrary stance forces Plaintiffs to violate their sincerely held religious beliefs in order to survive.
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“No Flesh” Option 34. The BOP’s standard, non-specialized national inmate meal program is referred to as the “mainline” menu. The mainline menu includes various meat products.
35. Pursuant to BOP national policy, the mainline menu has an official “no flesh” option for which inmates may register. The “no flesh” option is identical to the regular mainline meals except that a non-meat alternative protein (such as peanut butter or cottage cheese) replaces the meat items.
36. The “no flesh” mainline menu option does not accommodate Plaintiffs’ religious dietary restrictions because it requires Plaintiffs to maintain a vegetarian diet, which Plaintiffs sincerely believe to be forbidden by Islam.
37. The “no flesh” option is further doubtful or haram because many common foods, particularly prepared foods, contain trace amounts of pork enzymes or other haram ingredients. USP Terre Haute, FCI Jesup, and the BOP have not represented that the vegetables, bread, and dairy products served on the “no flesh” option are free from these enzymes and other haram ingredients.
38. Unlike the Religious Diet Program’s kosher-certified meals, which are purchased from an outside vendor and arrive in individually wrapped trays to prevent contamination, the “no flesh” option is prepared at the prisons in the same kitchen as the non-vegetarian meals.
39. At both USP Terre Haute and FCI Jesup, inmates receiving the mainline menu request either a regular tray or a “no flesh” tray, and individuals working in the kitchen place each item onto the tray in accordance with those requests. There is no physical separation on
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the serving line between items containing meat and those that are purportedly vegetarian; a container of vegetables from which both regular and “no flesh” trays are served may be located directly next to a container from which pork is served.
40. In addition, on information and belief, the “no flesh” option at both USP Terre Haute and FCI Jesup uses the same trays as the mainline menu, and “no flesh” items are prepared using the same pots and other kitchen utensils that, on other occasions, are used to prepare items containing haram meat or meat that has not been certified halal.
41. Plaintiff Wilson has personally witnessed sanitation problems in the USP Terre Haute and FCI Jesup kitchens that make it impossible for Plaintiffs to have confidence that the “no flesh” option is not contaminated with meat products or other haram ingredients. These sanitation problems include the mechanical dishwasher breaking, running out of soap to clean trays, running out of hot water, build-up of food residue inside the large pots in which food is prepared, and other inmates’ failure to thoroughly clean the pots, trays, and utensils.
42. When the prison or a section of the prison is placed on lockdown, which occurs as often as a few times per month in USP Terre Haute, inmates are served meals in their cells for the duration of the lockdown. Inmates on the Religious Diet Program continue to receive the same kosher-certified trays they otherwise would. However, inmates on the “no flesh” mainline menu receive the same meals as inmates on the regular, non-vegetarian diet.
43. On past occasions when USP Terre Haute was placed on lockdown, two of the three daily meals for both the “no flesh” diet and the regular, non-vegetarian diet consisted of bread, cheese, and a bologna-type meat. Plaintiffs on the “no flesh” option have been forced to
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consume the bologna-type meat during lockdown because the bread and cheese alone were not enough to sustain them.
44. On information and belief, the bologna-type meat served during lockdown is not certified halal.
45. On information and belief, FCI Jesup follows the prisoner meal policies described in paragraphs 43-44 when the prison is placed on lockdown.
Food Available for Purchase Through the Commissary 46. Financial circumstances permitting, inmates can purchase food from the Commissary or can attempt to order items through the so-called special purchase order (“SPO”) procedure. Commissary and SPO purchases are restricted in both frequency and volume and are not permitted at all during inmate-specific or facility-wide lockdowns.
47. USP Terre Haute provides one meat product in the Commissary that has been certified halal, a beef sausage.
48. FCI Jesup’s publicly available Commissary list does not include any halalcertified meat products, nor does it include any other halal-certified items.
49. Plaintiffs at USP Terre Haute are unable to afford to make regular purchases of the halal sausage, and all Plaintiffs are unable to afford to make regular purchases of halal meat and meals through the SPO process. Between paying restitution for their crimes, purchasing hygiene products, stamps, and legal copies, and paying for phone calls to family, any remaining income Plaintiffs have from their prison jobs or from family and friends is inadequate to purchase a diet of religiously acceptable foods.
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Plaintiffs’ Religious Beliefs and Current Diets Plaintiff Brian Carr
50. Plaintiff Brian Carr (#14820-016) is an adult male who was until recently in the custody of USP Terre Haute in Terre Haute, Indiana. He was transferred to FCI Jesup in Jesup, Georgia after the original Complaint was filed on January 3, 2014, and remains confined at that correctional facility.

51. 1999.

Mr. Carr has been Muslim since 1994 and has identified as a Sunni Muslim since

52. Mr. Carr identifies with the Hanafi school of Islamic thought, which provides a comprehensive explanation of halal dietary laws. Mr. Carr sincerely believes that he must follow the practices of the Prophet, which means that he must eat only halal-certified food and that he is forbidden from being vegetarian. Eating a halal diet, including halal meat, is also essential to his practice as a Sufi.

53. Mr. Carr is on the Religious Diet Program and receives kosher-certified meal trays. He only eats the vegetables and fish (when provided) on these kosher-certified meal trays. Although he believes even these foods are haram because they are not halal certified and therefore may be contaminated with trace amounts of alcohol or other products during production, he consumes them to avoid starvation. He does not eat the meat because it does not conform to his religious beliefs in that, among other things, kosher standards do not require a Muslim to pronounce Allah’s name over each animal before slaughter and permit trace amounts of alcohol in the food.

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54. Mr. Carr does not eat from the mainline menu because, even with the “no flesh” option, he is concerned about contamination from pork products and other haram ingredients.
Plaintiff Mark Crenshaw 55. Mark Crenshaw (#24135-083) is an adult male in the custody of USP Terre Haute in Terre Haute, Indiana.
56. Mr. Crenshaw has identified as a Sunni Muslim since 1994. As a Sunni Muslim, he takes his practices from the Sunna, or teachings and practices, of the Prophet. Mr. Crenshaw also follows the Hanafi school of thought, which mandates strict adherence to halal dietary requirements and instructs that following the Prophet’s practices is obligatory.
57. For his prayers to be accepted, Mr. Crenshaw sincerely believes that he must eat halal food, including meat, because, as he says, “flesh nurtured off of haram is in the fire.”
58. For a time, Mr. Crenshaw ate from the Religious Diet Program but no longer does so because kosher meals do not conform to his religious beliefs.
59. Mr. Crenshaw eats the “no flesh” option from the mainline menu. Although this vegetarian diet violates his religious beliefs, he believes that it is preferable to eating forbidden meat. Because the non-meat options he consumes are not certified halal, Mr. Crenshaw is concerned about cross-contamination from pork and other haram ingredients, but he is forced to consume these haram foods to survive.
Plaintiff Trone Kent 60. Plaintiff Trone Kent (#32556-044) is an adult male housed at USP Terre Haute in Terre Haute, Indiana.
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61. Mr. Kent has identified as a Sunni Muslim for seven years and follows the Hanafi school of thought with respect to his dietary beliefs.
62. Mr. Kent sincerely believes that, as a Muslim, he must eat meat, and it must be certified halal. He cannot eat any food items contaminated with haram ingredients, including but not limited to traces of pork or alcohol.
63. Mr. Kent currently receives the Religious Diet Program meal plan. Although the food does not satisfy halal requirements, he eats the kosher meal trays in an attempt to avoid pork products. Mr. Kent is forced to consume the haram foods in the kosher meal trays to avoid starvation.
Plaintiff John Wilson 64. Plaintiff John Wilson (#09408-007) is an adult male who was until recently in the custody of USP Terre Haute in Terre Haute, Indiana. He is currently housed at FCI Jesup in Jesup, Georgia. 65. Mr. Wilson identifies as a Shia Muslim in the Jafari School of thought and has been Muslim since 2000. 66. Mr. Wilson’s religious views require strict adherence to halal dietary requirements. Mr. Wilson sincerely believes that he must eat only halal-certified foods. He also believes that he must eat halal meat because a hadith, an account of things said or done by the Prophet and his companions, proscribes being vegetarian. To Mr. Wilson, that is a binding command, like the requirement of daily prayer.
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67. Mr. Wilson used to receive the “no flesh” option from the mainline menu, but he currently receives the Religious Diet Program trays and eats only the vegetables and fish (when provided). Like the other Plaintiffs, he believes these foods to be haram because they are not halal-certified and may contain or be contaminated by forbidden ingredients. He does not eat the meat because it is kosher, not halal.
Plaintiffs’ Religious Exercise Is Substantially Burdened 68. Defendant’s failure to provide Plaintiffs with nutritionally adequate meals that conform to their religious beliefs places a substantial burden on their religious exercise. As a result of Defendant’s actions, Plaintiffs have been forced to violate their religious beliefs because, in order to survive, they must consume food that has not been certified halal and that may contain alcohol, pork products, or other haram ingredients. 69. Plaintiffs believe their prayers and worship are destroyed by maintaining a vegetarian diet and consuming non-halal food. Thus, when Plaintiffs are forced to consume haram products because they would otherwise go hungry, they are religiously and psychologically burdened by having to choose between starvation and their sincerely held religious beliefs. 70. Even if Plaintiffs had access to a nutritionally adequate diet of vegetarian halal foods, which they do not, Defendant’s refusal to provide them with halal-certified meat imposes an independent substantial burden on their religious exercise.
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71. Plaintiffs are unable to afford to purchase halal meat and meals through the Commissary or the SPO process on a regular basis. In any event, forcing plaintiffs to pay for religiously appropriate food is itself a substantial burden on Plaintiffs’ exercise of their religion.
72. As a result of the BOP’s policy, Plaintiffs are unable to practice their religious beliefs. They are forced to sin constantly by failing to consume halal meat and by eating a diet of forbidden or doubtful foods, leading them to be spiritually frustrated and distracted in prayer.
Defendant Places Burdens on the Exercise of Islam that It Does Not Place on Other Religions
73. The BOP’s nationwide Religious Diet Program offers inmates certified kosher meals to accommodate religious dietary restrictions. It does not provide certified halal meals.
74. In accordance with this national BOP policy, USP Terre Haute and FCI Jesup provide kosher meals from outside vendors to all inmates on the Religious Diet Program.
75. Muslim inmates (i.e. Sunni, Sufi, and Shia) greatly outnumber Jewish inmates at USP Terre Haute, FCI Jesup, and in the BOP system generally.
76. Forcing Plaintiffs to purchase halal-certified meals or meat through the Commissary or SPO process in order for them to exercise their religious beliefs, while providing kosher-certified meals to Jewish inmates through the Religious Diet Program, constitutes disparate treatment of similarly situated religious groups. It is also not what the BOP represented it would do through the Religious Diet Program upon its institution in 1984.
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77. Neither the Defendant, nor any agent of the BOP, has ever identified any interest, much less a compelling one, to account for the provision of kosher-certified meals while refusing to provide similar halal-certified meals.
COUNT I Violations of the Religious Freedom Restoration Act
“Substantial Burden on Religious Exercise” (42 U.S.C. §§ 2000bb et seq.)
78. Paragraphs 1 through 77 are incorporated by reference as if set forth fully herein.
79. Defendant has imposed, and continues to impose, substantial burdens on Plaintiffs’ religious exercise that are causing Plaintiffs irreparable harm, for which there is no adequate remedy at law.
80. Defendant’s policies and practices regarding the provision of meals require Plaintiffs to abandon their religious obligations because the Religious Diet Program does not include an option that is certified as halal and because the alternative suggested by Defendant— the “no flesh” option on the mainline menu—is subject to contamination with haram ingredients and does not accommodate Plaintiffs’ sincere religious belief that they are forbidden to be vegetarian. Plaintiffs believe that, when they are forced to consume haram foods or to maintain a vegetarian diet, their prayers and worship are rendered ineffective.
81. Defendant’s policies impose a substantial burden on Plaintiffs’ religious exercise and do not further a compelling governmental interest. Moreover, even if the policies did further a compelling governmental interest, they do not represent the least restrictive means to further such interest.
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COUNT II Violation of the Equal Protection Guarantee of the Fifth Amendment to the United States Constitution 82. Paragraphs 1 through 81 are incorporated by reference as if set forth fully herein.
83. Defendant has deprived, and continues to deprive, Plaintiffs of their right to equal protection of the laws, as guaranteed by the Fifth Amendment to the United States Constitution, by treating Plaintiffs differently from similarly situated religious groups, such as the Jewish inmates who receive certified kosher meals.
84. The BOP has been on notice since at least 1980 that Muslim inmates require access to halal meals, including halal meat, to exercise their religious beliefs. Despite assurances that the BOP would provide a diet that satisfied both Jewish and Muslim inmates’ religious dietary requirements, the BOP has consistently accommodated kosher diets while refusing to accommodate halal diets.
85. Defendant’s disparate treatment of Plaintiffs is based on Plaintiffs’ religion and is motivated by unlawful discrimination.
86. Defendant’s discriminatory treatment is not reasonably related to legitimate penological interests.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court:
a) Enter judgment for the Plaintiffs and against the Defendant on all counts of this Complaint; 17

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b) Declare the practice of denying Plaintiffs adequate meals that conform to their sincere religious beliefs unconstitutional and/or in violation of federal law;

c) Enter a permanent injunction ordering the Defendant to provide the Plaintiffs with a nutritionally adequate, halal-certified diet that fully conforms to their religious beliefs;

d) Enter a permanent injunction ordering the Defendant to provide access to information regarding the source(s) of halal certification of their meals so that the Plaintiffs may ensure the meals conform to their religious beliefs;

e) Award the Plaintiffs reasonable costs and attorneys’ fees;

f) Grant such other relief as the court deems just and proper.

DEMAND FOR JURY

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby demand a trial by jury in this action of all issues so triable.

Dated: June 13, 2014

Respectfully submitted,
By: __/s/ David J. Leviss_________________
David J. Leviss O’MELVENY & MYERS LLP

Deborah Golden WASHINGTON LAWYERS’ COMMITTEE
Attorneys for Plaintiffs

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Exhibit A

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Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 5 of 16 PageID #: 5587

Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 6 of 16 PageID #: 5588

Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 7 of 16 PageID #: 5589

Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 8 of 16 PageID #: 5590

Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 9 of 16 PageID #: 5591

Case 2:14-cv-00001-JMS-MJD Document 338-3 Filed 09/02/20 Page 10 of 16 PageID #: 5592

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 Alerts not yet Supported for this Docket

CLOSED

U.S. District Court Southern District of Indiana (Terre Haute) CIVIL DOCKET FOR CASE #: 2:14-cv-00001-JMS-MJD

CARR et al v. FEDERAL BUREAU OF PRISONS, et al Date Filed: 01/03/2014

Assigned to: Judge Jane Magnus-Stinson

Date Terminated: 06/03/2020

Referred to: Magistrate Judge Mark J. Dinsmore

Jury Demand: Plaintiff

Cause: 28:1331 Fed. Question

Nature of Suit: 555 Prisoner Petitions

- Prison Condition

Jurisdiction: U.S. Government

Defendant

Plaintiff BRIAN CARR

represented by Bradley N. Garcia O'MELVENY & MYERS, LLP 1625 Eye Street, NW Washington, DC 20006 202-353-5300 Fax: 202-383-5414 PRO HAC VICE ATTORNEY TO BE NOTICED

Carolyn Appel O'MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 (212) 326-2000 Fax: (212) 326-2061 TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED

Darcy M. Meals O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 202-353-5300 Fax: 202-383-5414 Email: dmeals@omm.com TERMINATED: 08/08/2016

PRO HAC VICE
Jacob D. Charles O'MELVENY & MYERS, LLP 1625 Eye Street, NW Washington, DC 20006 202-383-5300 Fax: 202-383-5414 Email: jacobcharles@omm.com TERMINATED: 08/11/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica L. Thorn O'MELVENY & MYERS, LLP 1625 Eye Street, N.W. Washington, DC 20006-4001 (202) 383-5300 Fax: (202) 383-5414 Email: jthorn@omm.com TERMINATED: 09/14/2017 PRO HAC VICE ATTORNEY TO BE NOTICED
John P. McDermott O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 (202) 383-5300 Fax: (202) 383-5414 Email: jmcdermott@omm.com TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Lindsey R. Love O'Melveny & Myers 1625 Eye Street, NW Washington, DC 20006 202-383-5300 Fax: 202-383-5414 Email: llove@omm.com TERMINATED: 09/26/2019 PRO HAC VICE
Matthew C Gill

O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 (202) 383-5300 Fax: (202) 383-5414 TERMINATED: 10/17/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Meredith N. Garagiola O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 (202) 383-5300 Fax: (202) 383-5414 Email: mgaragiola@omm.com ATTORNEY TO BE NOTICED
Scott Hammack O'Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 202-383-5300 Fax: 202-383-5414 Email: shammack@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Sergei Zaslavsky O'Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 202-383-5300 Fax: 202-383-5414 Email: szaslavsky@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
David J. Leviss O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 202-383-5282 Fax: 202-383-5414 Email: dleviss@omm.com ATTORNEY TO BE NOTICED

Plaintiff REED BERRY TERMINATED: 04/09/2014
Plaintiff MARK CRENSHAW

represented by David J. Leviss (See above for address) ATTORNEY TO BE NOTICED
represented by Bradley N. Garcia O'MELVENY & MYERS, LLP 1625 Eye Street, NW Washington, CD 20006 202-353-5300 Fax: 202-383-5414 PRO HAC VICE ATTORNEY TO BE NOTICED
Carolyn Appel (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Darcy M. Meals (See above for address) TERMINATED: 08/08/2016 PRO HAC VICE
Jacob D. Charles (See above for address) TERMINATED: 08/11/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica L. Thorn (See above for address) TERMINATED: 09/14/2017 PRO HAC VICE ATTORNEY TO BE NOTICED
John P. McDermott (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Lindsey R. Love (See above for address)

Plaintiff TRONE KENT

TERMINATED: 09/26/2019 PRO HAC VICE
Matthew C Gill (See above for address) TERMINATED: 10/17/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Scott Hammack (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Sergei Zaslavsky (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David J. Leviss (See above for address) ATTORNEY TO BE NOTICED
represented by Bradley N. Garcia (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carolyn Appel (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Darcy M. Meals (See above for address) TERMINATED: 08/08/2016 PRO HAC VICE
Jacob D. Charles (See above for address) TERMINATED: 08/11/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff JOHN WILSON

Jessica L. Thorn (See above for address) TERMINATED: 09/14/2017 PRO HAC VICE ATTORNEY TO BE NOTICED
John P. McDermott (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Lindsey R. Love (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE
Matthew C Gill (See above for address) TERMINATED: 10/17/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Scott Hammack (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Sergei Zaslavsky (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David J. Leviss (See above for address) ATTORNEY TO BE NOTICED
represented by Bradley N. Garcia O'MELVENY & MYERS, LLP 1625 Eye Street, NW Washington, CD 20006 202-353-5300 Fax: 202-383-5414 Email: bgarcia@omm.com PRO HAC VICE

ATTORNEY TO BE NOTICED
Carolyn Appel (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Darcy M. Meals (See above for address) TERMINATED: 08/08/2016 PRO HAC VICE
Jacob D. Charles (See above for address) TERMINATED: 08/11/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Jessica L. Thorn (See above for address) TERMINATED: 09/14/2017 PRO HAC VICE
John P. McDermott (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Lindsey R. Love (See above for address) TERMINATED: 09/26/2019 PRO HAC VICE
Matthew C Gill (See above for address) TERMINATED: 10/17/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Scott Hammack (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

V. Defendant FEDERAL BUREAU OF PRISONS (BOP) Mark S. Inch, Director
Defendant FEDERAL CORRECTIONAL INSTITUTION TERRE HAUTE JOHN OLIVER, WARDEN TERMINATED: 01/30/2014 Defendant UNITED STATES PENITENTIARY TERRE HAUTE

Sergei Zaslavsky (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David J. Leviss (See above for address) ATTORNEY TO BE NOTICED
represented by Shelese M. Woods UNITED STATES ATTORNEY'S OFFICE 10 West Market Street Suite 2100 Indianapolis, IN 46204 (317) 226-6333 Fax: (317) 226-5027 Email: shelese.woods@usdoj.gov ATTORNEY TO BE NOTICED
Thomas E. Kieper UNITED STATES ATTORNEY'S OFFICE 10 West Market Street Suite 2100 Indianapolis, IN 46204 (317) 226-6333 Fax: (317) 226-6125 Email: tom.kieper@usdoj.gov (Inactive) TERMINATED: 04/27/2016 ATTORNEY TO BE NOTICED

JOHN CARAWAY, COMPLEX WARDEN TERMINATED: 01/30/2014
Defendant
FEDERAL BUREAU OF PRISONS (BOP) PAUL LAIRD, REGIONAL DIRECTOR TERMINATED: 01/30/2014

Date Filed 01/03/2014 01/03/2014 01/08/2014 01/08/2014
01/17/2014
01/29/2014

# Docket Text
1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-2916692) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Leviss, David) (Entered: 01/03/2014)
2 NOTICE of Appearance by David J. Leviss on behalf of Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 01/03/2014)
3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (RSF) (Entered: 01/08/2014)
4 Summons Issued as to FEDERAL BUREAU OF PRISONS (BOP)(CHARLES E. SAMUELS, JR., DIRECTOR), FEDERAL BUREAU OF PRISONS (BOP)(PAUL LAIRD, REGIONAL DIRECTOR), FEDERAL CORRECTIONAL INSTITUTION TERRE HAUTE, UNITED STATES PENITENTIARY TERRE HAUTE. (RSF) (Entered: 01/08/2014)
5 Entry Directing Further Proceedings - The plaintiffs shall have through January 31, 2014, in which to file an appropriate motion seeking to eliminate the redundancy in defendants or show cause why that redundancy should be permitted. The plaintiffs shall also have through January 31, 2014, in which to tender summons to those non-party officials designated in Rule 4(i)(2) of the Federal Rules of Civil Procedure. (See Entry.) Signed by Judge William T. Lawrence on 1/17/2014.(RSF) (Entered: 01/17/2014)
6 MOTION To Dismiss Voluntarily Defendants Oliver, Caraway, and Laird Without Prejudice, filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 01/29/2014)

01/29/2014 01/30/2014 03/18/2014 03/18/2014 03/20/2014 04/08/2014
04/09/2014 05/27/2014 05/27/2014 05/27/2014
05/27/2014 06/13/2014

7 AFFIDAVIT of Service to Defendants and Non-Parties by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit)(Leviss, David) (Entered: 01/29/2014)
8 ORDER - granting 6 Motion voluntarily Defendants John Oliver, John Caraway, and Paul Laird, without prejudice. Signed by Judge William T. Lawrence on 1/30/2014. (RSF) (Entered: 01/30/2014)
9 NOTICE of Appearance by Thomas E. Kieper on behalf of Defendant FEDERAL BUREAU OF PRISONS (BOP). (Kieper, Thomas) (Entered: 03/18/2014)
10 Unopposed MOTION for Extension of Time to May 23, 2014 to Answer, or Otherwise Plead, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Kieper, Thomas) Modified on 3/20/2014 (NRN). (Entered: 03/18/2014)
11 ORDER granting 10 Motion for Extension of Time to Answer re 1 Complaint to 5/24/2014. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/20/2014. (NRN) (Entered: 03/20/2014)
12 Unopposed MOTION - Joint Stipulation and Proposed Order Removing Reed Berry as Plaintiff, filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 04/08/2014)
13 ORDER - granting 12 joint stipulation to dismiss Plaintiff Berry's claims without prejudice. Signed by Judge William T. Lawrence on 4/9/2014. (RSF) (Entered: 04/09/2014)
14 MOTION to Dismiss (Partial), filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Kieper, Thomas) (Entered: 05/27/2014)
15 BRIEF/MEMORANDUM in Support re 14 MOTION to Dismiss (Partial) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Kieper, Thomas) (Entered: 05/27/2014)
16 Submission to be attached to Document 14, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1 - Declaration of Tiffany De La Cruz, # 2 Exhibit 2 - Declaration of Sarah Allison-Armstrong)(Kieper, Thomas) Modified on 5/28/2014 - created link to 14 (RSF). (Entered: 05/27/2014)
17 ANSWER To Plaintiffs' Complaint and Affirmative Defenses, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Kieper, Thomas) (Entered: 05/27/2014)
18 AMENDED COMPLAINT with Demand for Jury Trial against FEDERAL BUREAU OF PRISONS (BOP)(CHARLES E. SAMUELS, JR., DIRECTOR), filed by MARK CRENSHAW, BRIAN CARR,

06/30/2014 07/03/2014 07/25/2014 07/28/2014
09/26/2014 09/26/2014 09/26/2014 09/29/2014 09/30/2014
11/13/2014

TRONE KENT, JOHN WILSON. (Attachments: # 1 Certificate of Service)(Leviss, David) (Entered: 06/13/2014)
19 Defendant's ANSWER to 18 Amended Complaint and Affirmative Defenses, filed by FEDERAL BUREAU OF PRISONS (BOP)(CHARLES E. SAMUELS, JR., DIRECTOR).(Kieper, Thomas) (Entered: 06/30/2014)
20 NOTICE of Status Conference set for 7/28/2014 10:00 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr. on 7/3/2014.(NMT) (Entered: 07/03/2014)
22 JOINT PROPOSED CIVIL CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON . (Leviss, David) (Entered: 07/25/2014)
23 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 6/5/2015. Settlement Conference set for 3/6/2015 09:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr. on 7/28/2014.(NMT) Modified on 2/4/2015 - settlement conference VACATED at 41 (RSF). (Entered: 07/28/2014)
24 MOTION for Attorney(s) Sergei Zaslavsky to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 09/26/2014)
25 NOTICE of Service of Initial Disclosures , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Kieper, Thomas) (Entered: 09/26/2014)
26 NOTICE of Service of Initial Disclosures , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 09/26/2014)
27 RECEIPT #IP042624 for pro hac fee in the amount of $30.00, paid by O'Melveny and Myers DC, LLC for Sergei Zaslavsky. (JRT) (Entered: 09/29/2014)
28 ORDER granting Plaintiffs' 24 Motion to Appear pro hac vice for Attorney Sergei Zaslavsky on behalf of BRIAN CARR, MARK CRENSHAW, TRONE KENT, and JOHN WILSON added. Copy mailed to counsel via US Mail. Signed by Magistrate Judge William G. Hussmann, Jr on 9/30/2014. (AH) Modified on 10/1/2014 (AH). (Entered: 10/01/2014)
29 Witness List (Preliminary), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON, Exhibit

11/13/2014
11/13/2014
11/13/2014
11/24/2014 11/24/2014 11/24/2014 11/24/2014 11/24/2014 11/24/2014 12/08/2014

List (Preliminary), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 11/13/2014)
30 MOTION for Attorney(s) Scott Hammack to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 11/13/2014)
31 MOTION for Attorney(s) Jacob D. Charles to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 11/13/2014)
32 MOTION for Attorney(s) Lindsey R. Love to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Leviss, David) (Entered: 11/13/2014)
33 RECEIPT #IP043352 for Pro Hac Vice for attorney Jacob D. Charles fee in the amount of $30.00, paid by Melveny & Myers LLP. (AAM) (Entered: 11/24/2014)
34 RECEIPT #IP043352 for Pro Hac Vice for attorney Scott Hammack in the amount of $30.00, paid by Melveny & Myers LLP. (AAM) (Entered: 11/24/2014)
35 RECEIPT #IP043352 for Pro Hac Vice fee for attorney Lindsey R. Love in the amount of $30.00, paid by Melveny & Myers LLP. (AAM) (Entered: 11/24/2014)
36 ORDER granting 30 Motion to Appear pro hac vice. Attorney Scott Hammack for BRIAN CARR, MARK CRENSHAW, TRONE KENT, and for JOHN WILSON added. Signed by Magistrate Judge William G. Hussmann, Jr on 11/24/2014. (AH) (Entered: 11/24/2014)
37 ORDER granting 31 Motion to Appear pro hac vice. Attorney Jacob D. Charles for BRIAN CARR, MARK CRENSHAW, TRONE KENT, and for JOHN WILSON added. Signed by Magistrate Judge William G. Hussmann, Jr on 11/24/2014. (AH) (Entered: 11/24/2014)
38 ORDER granting 32 Motion to Appear pro hac vice. Attorney Lindsey R. Love for BRIAN CARR, MARK CRENSHAW, TRONE KENT, and for JOHN WILSON added. Signed by Magistrate Judge William G. Hussmann, Jr on 11/24/2014. (AH) (Entered: 11/24/2014)
39 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 11/25/2014. Plaintiffs were

02/04/2015
05/15/2015 07/24/2015 07/29/2015
08/10/2015 09/25/2015 09/25/2015

represented by counsel, Scott Hammack. Defendant was represented by counsel, Thomas E. Kieper.Telephonic Status Conference set for 2/2/2015 at 09:30 AM before Magistrate Judge William G. Hussmann Jr. **SEE ORDER** Signed by Magistrate Judge William G. Hussmann, Jr. (AH) (Entered: 12/08/2014)
41 MINUTE ORDER - for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 2/2/2015. Plaintiffs were represented by counsel, Scott Hammack. Defendant was represented by counsel, Thomas E. Kieper. By agreement of the parties, all deadlines in this case are STAYED until a Telephonic Status Conference set for 5/7/2015 at 11:00 AM before Magistrate Judge William G. Hussmann Jr. The settlement conference set for March 6, 2015, is VACATED. Signed by Magistrate Judge William G. Hussmann, Jr. (RSF) (Entered: 02/04/2015)
43 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 5/7/2015. Telephonic Status Conference set for 7/24/2015 at 01:30 PM before Magistrate Judge William G. Hussmann, Jr. (NRN) (Entered: 05/15/2015)
45 SCHEDULING ORDER: Status Conference RESET for 7/27/2015 at 02:00 PM in Telephonic before Magistrate Judge William G. Hussmann Jr. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. (NOTE CHANGE IN CALL-IN INFORMATION). Signed by Magistrate Judge William G. Hussmann, Jr on 7/24/2015.(AH) (Entered: 07/24/2015)
47 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 7/27/2015.Plaintiffs were represented by counsel of record, Scott Hammack, and Ms. Meals. Defendant was represented by counsel, Thomas E. Kieper. Settlement Conference set for 9/28/2015 at 11:00 AM in Telephonic before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (AH) (Entered: 07/29/2015)
49 NOTICE of Withdrawal of Appearance by Jacob D. Charles of Pro Hac Counsel on behalf of All Plaintiffs (Leviss, David) (Entered: 08/10/2015)
50 MOTION for Attorney(s) to Appear pro hac vice Jessica Thorn (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Affidavit Certification of Jessica Thorn, # 2 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2015)
51 MOTION for Attorney(s) to Appear pro hac vice Darcy Meals (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Affidavit Certification of Darcy Meals, # 2 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2015)

09/25/2015
09/29/2015 09/29/2015 09/29/2015 10/02/2015 10/02/2015 10/02/2015 10/06/2015
01/29/2016 02/01/2016
02/05/2016

52 MOTION for Attorney(s) to Appear pro hac vice Bradley N. Garcia (No fee paid with this filing), filed by Plaintiffs REED BERRY, BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Affidavit Certification of Bradley N. Garcia, # 2 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2015)
53 RECEIPT #IP047707 for PHV fee for attorney Bradley Garcia in the amount of $30.00, paid by O'Melveny Myers LLP. (AAM) (Entered: 09/29/2015)
54 RECEIPT #IP047706 for PHV fee for attorney Jessica Thorn in the amount of $30.00, paid by O'MELVENY MYERS. (AAM) (Entered: 09/29/2015)
55 RECEIPT #IP047709 for phv for attorney Darcy M. Meals fee in the amount of $30.00, paid by O'MELVENY MEALS. (AAM) (Entered: 09/29/2015)
56 ORDER - granting 50 Motion to Appear pro hac vice. Attorney Jessica L. Thorn for BRIAN CARR added. Signed by Magistrate Judge William G. Hussmann, Jr on 10/2/2015. (RSF) (Entered: 10/02/2015)
57 ORDER granting 52 Motion to Appear pro hac vice. Attorney Bradley N. Garcia for BRIAN CARR added. Signed by Magistrate Judge William G. Hussmann, Jr on 10/2/2015. (RSF) (Entered: 10/02/2015)
58 ORDER granting 51 Motion to Appear pro hac vice. Attorney Darcy M. Meals for BRIAN CARR added. Signed by Magistrate Judge William G. Hussmann, Jr on 10/2/2015. (RSF) (Entered: 10/02/2015)
59 Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Settlement Conference held on 9/28/2015. Status Conference set for 7/12/2016 at 09:30 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. See Entry for deadlines. (NRN) (Entered: 10/06/2015)
61 Joint MOTION for Extension of Time to an additional 90 days for all applicable deadlines , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 01/29/2016)
62 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge William G. Hussmann, Jr., is no longer assigned to the case. Please include the new case number (2:14-cv-00001-WTL-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD) (Entered: 02/01/2016)
63 ORDER AMENDING CASE MANAGEMENT PLAN - This matter is before the Court on the Parties' 61 Joint Motion for Extension of Time. The Court, having read the Joint Motion, and being fully advised, hereby GRANTS IN PART and DENIES IN PART the motion. The approved

02/17/2016 03/03/2016
03/03/2016 03/16/2016 03/21/2016

Case Management Plan [Dkts. 22 & 23] is hereby amended as follows: Dispositive motions are expected and shall be filed by September 30, 2016; all discovery shall be completed by September 2, 2016. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 2/5/2016. (GSO) (Entered: 02/08/2016)
64 SCHEDULING ORDER - The telephonic status conference schedule for July 12, 2016 at 9:30 a.m. [Dkt. 59] is VACATED and rescheduled for Tuesday, March 1, 2016 at 1:20 p.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. If not already registered with the Court's Electronic Filing System, Darcy Meals is ordered to register within ten (10) days of entry of this order. Signed by Magistrate Judge Mark J. Dinsmore on 2/17/2016. (GSO) (Entered: 02/18/2016)
66 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 3/1/2016. The parties discussed the status of the case. Counsel for Defendant reported on a discovery issue relating to the Bureau of Prisons' electronic mail server. Accordingly, the Court hereby suspends the current case management deadlines pending further order of the Court. Discovery is not stayed and may proceed as appropriate. Status Conference set for 5/4/2016 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 03/03/2016)
67 ORDER REGARDING PROTECTIVE ORDERS - In the event an agreed protective order is required in this matter, the parties shall file a motion seeking the entry of such an order, attaching thereto the proposed protective order. A motion for the entry of an agreed protective order should be filed as soon as practicable, but in any event no later than 14 days prior to the original due date for any discovery response with regard to which the responding party proposes to rely upon the protective order when responding. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2016. (GSO) (Entered: 03/03/2016)
68 Joint MOTION for Protective Order , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Stipulated Protective Order, # 2 Text of Proposed Order)(Kieper, Thomas) (Entered: 03/16/2016)
69 STIPULATED PROTECTIVE ORDER 68 APPROVED AS AMENDED. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2016. Copies distributed pursuant to distribution list. (GSO) (Entered: 03/22/2016)

04/25/2016 04/25/2016 04/27/2016
05/05/2016
07/06/2016
08/05/2016 08/24/2016
08/29/2016 09/12/2016

70 NOTICE of Appearance by Shelese M. Woods on behalf of Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 04/25/2016)
71 MOTION to Withdraw and Substitute Appearance, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 04/25/2016)
72 ORDER - granting 71 Motion to Withdraw and Substitute Appearance. THEREFORE ORDERED that Shelese Woods, Assistant United States Attorney, is substituted in this matter as counsel for the Defendant. IT IS FURTHER ORDERED that the appearance of Thomas E. Kieper, Assistant UnitedStates Attorney, in this cause is withdrawn and terminated. Signed by Magistrate Judge Mark J. Dinsmore on 4/27/2016. (RSF) (Entered: 04/28/2016)
74 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 5/4/2016. The parties discussed the status of and future plans for discovery. Status Conference set for 7/6/2016 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/05/2016)
76 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/6/2016. The parties discussed the status of and future plans for discovery. Telephonic Status Conference set for 8/23/2016 at 2:40 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 07/07/2016)
77 NOTICE of Withdrawal of Appearance by Pro Hac Vice Counsel Darcy M. Meals on behalf of BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON (Leviss, David) (Entered: 08/05/2016)
79 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/24/2016. The parties discussed the status of and future plans for discovery. Telephonic Status Conference set for 9/22/2016 at 1:30 PM (Eastern Time). *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/25/2016)
80 NOTICE , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP) (Attachments: # 1 Exhibit 1, Smith Decl.) (Woods, Shelese) (Entered: 08/29/2016)
81 AMENDED SCHEDULING ORDER (TIME ONLY) - Telephonic Status Conference reset for 9/22/2016 at 2:40 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's

09/23/2016 10/11/2016
10/11/2016 10/11/2016 10/12/2016 10/12/2016
10/19/2016

order dated August 24, 2016 [Dkt. 79 ] remain in effect. Signed by Judge William T. Lawrence on 9/13/2016.(BRR) (Entered: 09/13/2016)
83 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/22/2016. The parties discussed the status of and future plans for discovery. Telephonic Status Conference set for 10/19/2016 at 3:00 PM (Eastern Time) to discuss case status and the status of the resolution of the open discovery disputes. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/23/2016)
84 SEALED MOTION for Preliminary Injunction, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Memorandum In Support of Motion for Preliminary Injunction, # 2 Exhibit A - Garcia Declaration Part 1, # 3 Exhibit A Garcia Declaration Part 2, # 4 Exhibit B - Moosa Declaration, # 5 Exhibit C - Carr Declaration, # 6 Exhibit D - Crenshaw Declaration, # 7 Exhibit E - Kent Declaration, # 8 Exhibit F - Wilson Declaration, # 9 Exhibit G Maqbul Declaration)(Leviss, David) (Entered: 10/11/2016)
85 MOTION to Maintain Document Under Seal 84 SEALED MOTION for Preliminary Injunction , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 10/11/2016)
86 MOTION (Request for Oral Argument), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON, re 84 SEALED MOTION for Preliminary Injunction. (Leviss, David) Modified on 10/12/2016 (RSF). (Entered: 10/11/2016)
87 ***UNSEALED PER 127 ENTRY*** SEALED MOTION for Preliminary Injunction, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) Modified on 1/13/2017 (DW). (Entered: 10/12/2016)
88 ***UNSEALED PER 127 ENTRY*** SEALED Memorandum in Support of Motion for Preliminary Injunction, re 87 SEALED Motion (Case Participants - doc), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Garcia Declaration Part 1, # 2 Exhibit Garcia Declaration Part 2, # 3 Exhibit B - Moosa Declaration, # 4 Exhibit C - Carr Declaration, # 5 Exhibit D - Crenshaw Declaration, # 6 Exhibit E - Kent Declaration, # 7 Exhibit F - Wilson Declaration, # 8 Exhibit G - Maqbul Declaration)(Leviss, David) Modified on 1/13/2017 (DW). (Entered: 10/12/2016)
90 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/19/2016. The parties discussed the status of discovery and the parties' dispute regarding Defendant's privilege log. The parties also discussed scheduling issues

10/20/2016 10/20/2016
10/21/2016 10/26/2016 10/27/2016

related to Plaintiffs' motion for preliminary injunction. Telephonic Discovery Conference set for 10/20/2016 at 11:30 AM (Eastern Time) to discuss the dispute regarding Defendant's privilege log. Counsel shall attend the conference by calling 1-877-873-8017, Access Code 7786882, Security Code 140001. The parties should email any documents they wish the Magistrate Judge to review in advance of the conference to MJDinsmore@insd.uscourts.gov by no later than 9:00 a.m. on October 20, 2016. Telephonic Status Conference set for 11/4/2016 at 11:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 10/19/2016 (GD). (Main Document 90 replaced on 10/19/2016) (GD). (Main Document 90 replaced on 10/19/2016) (GD). (Entered: 10/19/2016)
91 BRIEFING SCHEDULE: This matter comes before the Court on Plaintiffs' motion for preliminary injunction. [Dkt. 87 .] Defendant shall file any response to the motion on or before October 28, 2016. Plaintiffs shall file any reply in support of the motion on or before November 4, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 10/20/2016.(DW) (Entered: 10/20/2016)
92 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 10/20/2016. The parties appeared by telephone for a Discovery Conference to address issues Plaintiffs have with certain documents that have been withheld by Defendant from production on the basis of the deliberative process privilege, among other reasons. The Court and parties discussed the issues and Defendant agreed to produce certain documents that had been withheld with vendor names redacted. Plaintiffs' counsel agreed to review the documents produced and the Court agreed to reconvene the discovery conference in a week to determine whether any discovery disputes remain which may necessitate motions practice. Telephonic Status Conference set for 10/27/2016 at 3:20 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/21/2016)
94 MOTION for Attorney(s) Meredith N. Garagiola to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 10/21/2016)
95 RECEIPT #IP052998 for pro hac vice fee for attorney Meredith N. Garagiola in the amount of $100.00, paid by O'Melveny Myers DC LLP. (AAM) (Entered: 10/26/2016)
96 ORDER granting 94 Motion to Appear pro hac vice. Attorney Meredith N. Garagiola, counsel for BRIAN CARR added. If not already registered with the Court's Electronic Filing System, Meredith N. Garagiola is

10/27/2016
10/28/2016 10/28/2016 10/28/2016 11/03/2016

ordered to register within ten (10) days of the entry of this order. Signed by Magistrate Judge Mark J. Dinsmore on 10/27/2016. (DW) (Entered: 10/27/2016)
100 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/27/2016. The parties discussed the status of and future plans for discovery. Plaintiffs are authorized to file a motion to compel with regard to documents withheld by Defendant on the basis of privilege. Counsel for Defendant reported that the Defendant's servers are expected to be back on line by no later than October 31, 2016. The parties are ordered to complete their meetand-confer so that counsel for Defendant can transmit an agreed set of electronic search terms to her client by no later than October 31, 2016 and to If the parties have not reached such agreement by October 31, 2016, counsel for Defendant is ordered to contact the Magistrate Judge's Court Room Deputy by telephone to inform the Court of such failure. Counsel for Defendant is ordered to file, on or before November 7, 2016, a report setting forth the date by which the Defendant expects to complete its production of electronic documents in response to Plaintiffs' requests. Telephonic Status Conference scheduled on November 4, 2016 CONTINUED to 11/9/2016 at 4:40 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/31/2016)
97 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, Kugler Decl., # 2 Exhibit A, Carr admin remedy, # 3 Exhibit B, Carr admin remedy 2, # 4 Exhibit C, Crenshaw admin remedy, # 5 Exhibit D, Wilson admin remedy, # 6 Exhibit E, Kent admin remedy, # 7 Exhibit F, Wilson removal, # 8 Exhibit 2, Stiltner Decl., # 9 Exhibit A, Certified Halal Menu)(Woods, Shelese) (Entered: 10/28/2016)
98 BRIEF/MEMORANDUM in Support re 97 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 10/28/2016)
99 RESPONSE in Opposition re 87 SEALED MOTION for Preliminary Injunction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, Kugler Decl., # 2 Exhibit A, Carr admin remedy, # 3 Exhibit B, Carr admin remedy 2, # 4 Exhibit C, Crenshaw admin remedy, # 5 Exhibit D, Wilson admin remedy, # 6 Exhibit E, Kent admin remedy, # 7 Exhibit F, Wilson removal, # 8 Exhibit 2, Stiltner Decl., # 9 Exhibit A, Certified Halal Menu, # 10 Exhibit 3, Cannon Decl., # 11 Exhibit 4, BOP PS Acquisitions, # 12 Exhibit 5, Rigsby Decl.)(Woods, Shelese) (Entered: 10/28/2016)
101 Unopposed MOTION for Extension of Time to November 18, 2016 / Plaintiffs' Unopposed Motion for Extension of Time to Reply re 99 Defendant's Opposition to Preliminary Injunction 87 , filed by

11/03/2016 11/07/2016 11/09/2016
11/17/2016 11/17/2016 11/28/2016 11/29/2016 11/30/2016

Plaintiff BRIAN CARR. (Attachments: # 1 Text of Proposed Order)(Leviss, David) Modified on 11/4/2016 (DW). Modified on 11/4/2016 (RSF). (Entered: 11/03/2016)
103 ORDER granting 101 Motion for Extension of Time to File Reply to Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction 99 . Plaintiffs' reply is due on or before November 18, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 11/3/2016. (DW) (Entered: 11/04/2016)
104 NOTICE to Court, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP) (Woods, Shelese) (Entered: 11/07/2016)
105 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/9/2016. The parties discussed the status of and future plans for discovery, Plaintiffs' planned motion to compel, and preliminary injunction briefing. Telephonic Status Conference set for 12/14/2016 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore to discuss the status of Defendant's production of electronic data, as well as rescheduling the remaining case management deadlines. *See order for additional information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 11/10/2016)
106 RESPONSE in Opposition re 97 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A-Garcia Declaration, # 2 Exhibit B-Carr Supplemental Declaration)(Leviss, David) (Entered: 11/17/2016)
107 REPLY in Support of Motion re 87 SEALED MOTION for Preliminary Injunction , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit H-Garcia Declaration Part 1, # 2 Exhibit H-Garcia Declaration Part 2, # 3 Exhibit ICarr Supplemental Declaration)(Leviss, David) (Entered: 11/17/2016)
108 Unopposed MOTION for Extension of Time to File Reply to 7 days re 97 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 11/28/2016)
109 ORDER granting 108 Motion for Extension of Time to File Reply Brief in Support to 12/5/2016 re 97 MOTION to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2016. (DW) (Entered: 11/29/2016)
110 WITHDRAWN SEALED MOTION To Compel Production of Documents, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) Modified on 12/15/2016 (NLR). (Entered: 11/30/2016)

11/30/2016 11/30/2016 12/01/2016 12/01/2016 12/01/2016 12/05/2016 12/12/2016 12/14/2016

111 ***UNSEALED PER 127 ENTRY*** SEALED Brief In Support of Plaintiffs' Motion to Compel Production Of Documents, re 110 SEALED Motion (Case Participants - doc), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Garcia Declaration)(Leviss, David) Modified on 1/13/2017 (DW). (Entered: 11/30/2016)
112 WITHDRAWN MOTION to Maintain Document Under Seal 110 SEALED MOTION To Compel Production of Documents, 111 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) Modified on 12/15/2016 (NLR). (Entered: 11/30/2016)
113 ***UNSEALED PER 127 ENTRY*** SEALED MOTION To Compel Production of Documents, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) Modified on 1/13/2017 (DW). Modified on 1/17/2017 (DW). (Entered: 12/01/2016)
114 MOTION to Maintain Document Under Seal 113 SEALED MOTION To Compel Production of Documents, 111 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 12/01/2016)
115 SCHEDULING ORDER: This matter comes before the Court on Plaintiffs' Motion to Compel Production of Documents. [Dkt. 110 .] Any response to the Motion is due on or before December 12, 2016. Any reply in support of the Motion is due on or before December 16, 2016. Signed by Magistrate Judge Mark J. Dinsmore on 12/1/2016.(RSF) (Entered: 12/02/2016)
116 REPLY in Support of Motion re 97 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 3, Crneshaw religious diet materials, # 2 Exhibit 4, Wilson religious diet materials)(Woods, Shelese) (Entered: 12/05/2016)
118 RESPONSE in Opposition re 113 SEALED MOTION To Compel Production of Documents , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 12/12/2016)
120 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/14/2016. The parties discussed the status of discovery, as well as the motions presently pending before the Court. With the agreement of the parties, the Clerk is directed to SEAL Docket No. 110 (as it will not be considered by the Court) and to show Docket Nos. 110 and 112 as WITHDRAWN. The duplicate copies of those motions remain pending at Docket Nos. 113 and 114. Status

12/15/2016
12/16/2016 01/06/2017 01/10/2017 01/12/2017
01/13/2017

Conference set for 1/19/2017 at 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. *see order for additional information* Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 12/15/2016)
119 RESPONSE to Motion re 112 MOTION to Maintain Document Under Seal 110 SEALED MOTION To Compel Production of Documents, 111 SEALED Document (Case Participants doc) , 85 MOTION to Maintain Document Under Seal 84 SEALED MOTION for Preliminary Injunction , 114 MOTION to Maintain Document Under Seal 113 SEALED MOTION To Compel Production of Documents, 111 SEALED Document (Case Participants - doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 12/15/2016)
121 REPLY in Support of Motion re 113 SEALED MOTION To Compel Production of Documents , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit B - Declaration of Meredith Garagiola)(Leviss, David) (Entered: 12/16/2016)
122 MOTION for Attorney(s) John P. McDermott to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Certification of John P. McDermott, # 2 Text of Proposed Order)(Leviss, David) (Entered: 01/06/2017)
123 RECEIPT #IP053944 for pro hac vice fee in the amount of $100.00, paid by O'Melveny Myers (for attorney John P. McDermott). (DJH) (Entered: 01/10/2017)
125 ORDER ON MOTION TO COMPEL - The Court GRANTS IN PART Plaintiffs' Motion to Compel Production of Documents. [Dkt. [113.]] Specifically, the Court ORDERS the BOP to produce (1) unredacted copies of responses to the BOP's Requests for Information submitted by potential vendors of Halal food and (2) unredacted copies of the BOP's communications with vendors related to these RFI responses within seven days from the date of this entry. The remainder of Plaintiffs' Motion remains UNDER ADVISEMENT. Signed by Magistrate Judge Mark J. Dinsmore on 1/12/2017. (RSF) Modified on 4/3/2017 - Unsealed per CRD for MJD instructions (DW). (Entered: 01/12/2017)
126 ORDER granting 122 Motion to Appear pro hac vice. Attorney John P. McDermott added for BRIAN CARR, MARK CRENSHAW, TRONE KENT, and JOHN WILSON. If not already registered with the Court's Electronic Filing System, John P. McDermott is ordered to register within ten (10) days of the entry of this order. Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2017. (DW) (Entered: 01/13/2017)

01/13/2017 01/20/2017
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02/06/2017
02/08/2017

127 ENTRY ON MOTIONS TO SEAL - Accordingly, Plaintiffs' motions to seal [Dkt. 85 ; Dkt. 114 ] are DENIED AS MOOT. The Clerk is directed to unseal Docket Numbers 87, 88, 111, 113, and all accompanying exhibits. Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2017. (DW) (Entered: 01/13/2017)
128 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/19/2017. The parties discussed the status of and future plans for discovery. The Court hereby orders Defendant to complete its production of documents in response to Plaintiffs' pending discovery requests by no later than February 21, 2017, or to show cause by no later than February 23, 2017 why Defendant should not be sanctioned for its failure to comply with the Court's order. Telephonic Status Conference set for 2/3/2017 at 11:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. (See Entry.) Signed by Magistrate Judge Mark J. Dinsmore. (BRR) (Entered: 01/20/2017)
130 Unopposed MOTION for Entry of Clawback Agreement, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order, # 2 Appendix A, Search Terms)(Woods, Shelese) (Entered: 02/02/2017)
131 Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON . (Leviss, David) (Entered: 02/03/2017)
132 ORDER REGARDING PRIVILEGE REVIEW FOR THE COMPLETE SET OF ELECTRONIC MAIL RECORDS - Upon Defendant's Bureau of Prisons (BOP) motion [Dkt. 130 ] and for good cause shown, it is hereby ORDERED: This Order provides the protections afforded by Rule 502(d) of the Federal Rules of Evidence. This Order also incorporates by reference the procedures of Federal Rule of Civil Procedure 26 (b)(5)(B) ***SEE ORDER FOR DETAILS***. Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2017. (DW) Modified on 2/6/2017 (DW). (Entered: 02/03/2017)
133 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 2/6/2017. The parties discussed the status of and future plans for discovery. The Court and parties also discussed the parties' proposed revisions to the case schedule. With the agreement of the parties, the approved Case Management Plan as amended [Dkts. 22 , 23 , & 63 ] is further amended as follows: Discovery due by 9/15/2017. Dispositive Motions due by 10/13/2017. Telephonic Status Conference set for 3/9/2017 at 9:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. (See Entry.) Signed by Magistrate Judge Mark J. Dinsmore. (BRR) (Entered: 02/06/2017)
134 SCHEDULING ORDER: Bench Trial set for 7/23/2018 at 9:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute,

02/08/2017 02/21/2017 02/24/2017 03/09/2017
03/13/2017 03/13/2017 03/14/2017 03/14/2017 04/11/2017
04/14/2017

Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 6/22/2018 at 10:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Judge William T. Lawrence.(DW) (Entered: 02/08/2017)
135 TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (DW) (Entered: 02/08/2017)
136 RESPONSE re 128 Status ConferenceSet Hearings , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 02/21/2017)
137 NOTICE production of electronic discovery documents, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP) (Woods, Shelese) Modified on 2/27/2017 (DW). (Entered: 02/24/2017)
139 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/9/2017. The parties discussed the status of and future plans for discovery. Telephonic Status Conference set for 4/11/2017 at 2:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/09/2017)
140 MOTION to Take Deposition from Brian Carr , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 03/13/2017)
141 MOTION to Take Deposition from Tron Kent , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 03/13/2017)
142 ORDER granting 140 Motion to Take Deposition from Brian Carr (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/14/2017. (DW) (Entered: 03/14/2017)
143 ORDER granting 141 Motion to Take Deposition from Tron Kent (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/14/2017. (DW) (Entered: 03/14/2017)
145 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/11/2017. The parties discussed the status of and future plans for discovery. Telephonic Status Conference set for 4/21/2017 at 5:20 PM (Eastern Time) to address any pending discovery disputes. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/12/2017)
146 MOTION to Take Deposition from Mark Crenshaw , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 04/14/2017)

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05/17/2017 05/17/2017

147 MOTION to Take Deposition from John Wilson , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 04/14/2017)
149 ORDER granting 146 Motion to Take Deposition from Mark Crenshaw (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 4/17/2017. (DW) (Entered: 04/17/2017)
150 ORDER granting 147 Motion to Take Deposition from John Wilson (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 4/17/2017. (DW) (Entered: 04/17/2017)
151 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/21/2017. The parties discussed the status of discovery. Telephonic Status Conference set for 5/2/2017 at 4:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/25/2017)
153 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/2/2017. Parties discussed status of and future plans for discovery. Parties continue to meet-and-confer regarding issues Plaintiffs have with regard to Defendant's privilege log; Plaintiffs authorized to file a motion to compel following conclusion of meet-and-confer if issues are not satisfactorily resolved. On January 12, 2017, the Court ruled in part on Plaintiffs' motion to compel. [Dkt. 113 .] The remainder of Plaintiffs' motion to compel [Dkt. 113 ] is DENIED AS MOOT. Telephonic Status Conference set for 5/30/2017 at 3:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* (GD) (Entered: 05/02/2017)
154 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Discovery Conference held on 5/11/2017. Parties appeared by telephone to address issue that arose during Plaintiff Trone Kent's deposition. Plaintiffs' objection overruled. Defendant's counsel agreed to limit scope of questions not involving discovery of privileged information. Conference concluded without further order. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/15/2017)
155 MOTION to Compel Production of Privilege Log Documents, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 05/17/2017)
156 BRIEF/MEMORANDUM in Support re 155 MOTION to Compel Production of Privilege Log Documents , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit 1 - Declaration of John McDermott, # 2 Exhibit

05/18/2017 05/26/2017 05/30/2017 05/31/2017 06/01/2017
06/23/2017 06/26/2017

A - March 14, 2017 Letter, # 3 Exhibit B - March 31, 2017 Letter, # 4 Exhibit C - April 28, 2017 Letter, # 5 Exhibit D - May 5, 2017 Letter, # 6 Exhibit E - Privilege Log Challenges, # 7 Exhibit F - April 24, 2017 Transcript, # 8 Exhibit G - April 26, 2017 Transcript)(Leviss, David) (Entered: 05/17/2017)
157 SCHEDULING ORDER re 155 Plaintiffs' MOTION to Compel Production of Privilege Log Documents: Response due by 5/26/2017. Reply due by 5/31/2017. Signed by Magistrate Judge Mark J. Dinsmore on 5/18/2017.(GD) (Entered: 05/18/2017)
159 RESPONSE in Opposition re 155 MOTION to Compel Production of Privilege Log Documents , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, May 26, 2017, Woods letter, # 2 Exhibit 2, Email privilege log, # 3 Exhibit 3, Kugler Dep. Transcript excerpts, # 4 Exhibit 4, Stiltner Dep. Transcript excerpts, # 5 Exhibit 5, Wong Decl.)(Woods, Shelese) (Entered: 05/26/2017)
160 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/30/2017. Parties discussed discovery. Telephonic Status Conference set for 6/28/2017 at 11:40 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/30/2017)
161 REPLY in Support of Motion re 155 MOTION to Compel Production of Privilege Log Documents , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 05/31/2017)
162 ENTRY REGARDING 155 MOTION TO COMPEL: Parties shall jointly cooperate & submit sortable Excel spreadsheet of privilege log containing only documents at issue, in Bates number order, retaining argument keys that designate challenged privilege log entries & shall email spreadsheet to MJDinsmore@insd.uscourts.gov by 3:00 PM (Eastern) on 6/2/2017. BOP shall submit for in camera review Bates-stamped documents at issue, in Bates number order & deliver to Chambers of Magistrate Judge Mark J. Dinsmore, 46 East Ohio Street, Room 257, Indianapolis, Indiana, by 5:00 PM (Eastern) on 6/9/2017. *See Entry for Additional Information & Requirements.* Signed by Magistrate Judge Mark J. Dinsmore on 6/1/2017. (GD) (Entered: 06/01/2017)
163 Unopposed MOTION for Continuance of Status Conference, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 06/23/2017)
164 ORDER granting 163 Motion for Continuance. Telephonic status conference scheduled in this matter for June 28, 2017, at 11:40 a.m. (Eastern) is CONTINUED to Thursday, June 29, 2017 at 9:00 a.m. (Eastern). All other requirements of the Court's order dated May 30, 2017

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[Dkt. 160 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 6/26/2017.(DW) (Main Document 164 replaced on 6/26/2017) (GD). Modified on 6/26/2017 (GD). (Entered: 06/26/2017)
166 ENTRY SETTING ORAL ARGUMENT - The Plaintiff's motion for oral argument (Dkt. No. 86 ) is GRANTED and this case is set for oral argument on set for 7/17/2017 at 1:30 PM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Each side shall have thirty minutes to address the motion for preliminary injunction and ten minutes to address the motion to dismiss. Signed by Judge William T. Lawrence on 6/28/2017.(RSF) (Entered: 06/28/2017)
167 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/29/2017. Parties discussed status of & future plans for discovery. Telephonic Status Conference set for 8/23/2017 at 5:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/30/2017)
168 MOTION for Continuance (Unopposed Motion to Continue Hearing Date), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 06/30/2017)
169 Submission of Proposed Order , re 168 MOTION for Continuance (Unopposed Motion to Continue Hearing Date), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 07/03/2017)
170 ORDER granting 168 Motion for Continuance. ORDERED that the oral argument in this matter previously scheduled for July 17, 2017 at 1:30 p.m. is hereby rescheduled for August 8, 2017 at 1:30 p.m. in Room 202, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge William T. Lawrence on 7/3/2017.(DW) (Entered: 07/03/2017)
171 ORDER ON MOTION TO COMPEL - For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiffs' Motion to Compel Production of Privilege Log Documents. [Dkt. 155 .] Specifically, the Court ORDERS the BOP to produce EMAIL00032796 and EMAIL00032836 on or before July 13, 2017. While Plaintiffs were largely unsuccessful on the instant Motion, the Court recognizes that a number of their challenges appeared stronger when the Motion was filed based upon the BOP's earlier privilege log. The Court therefore declines to award fees to either party under Federal Rule of Civil Procedure 37(a)(5)(C) ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Mark J. Dinsmore on 7/10/2017. (DW) (Entered: 07/11/2017)

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172 ORDER FOR DEFENDANT TO RETRIEVE DOCUMENTS - The Court ordered Defendant to submit documents for in camera review [Dkt. 162 ], so that the Court could fully evaluate Plaintiffs' Motion to Compel [Dkt. 155 ]. In response, Defendant submitted three binders of documents as ordered. The Court has now ruled upon Plaintiffs' Motion to Compel [Dkt. 177 ]. Defendant is hereby ordered to retrieve the documents submitted for in camera review from the Chambers of the undersigned Magistrate Judge during normal working hours on or before the close of business on August 4, 2017. Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2017.(APD) (Entered: 07/27/2017)
173 ***UNSEALED PER ORDER AT [196}*** SEALED MOTION / Plaintiffs' Motion for Leave to Supplement their Motion for Preliminary Injunction, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order, # 2 Supplement Brief in Support of Motion for Preliminary Injunction, # 3 Declaration of Bradley N. Garcia in Support of, # 4 Exhibit 1 - Kugler depo testimony, # 5 Exhibit 2 - Stiltner depo testimony, # 6 Exhibit 3 - BOP035296-BOP035303, # 7 Exhibit 4 BOP039374-BOP039376, # 8 Exhibit 5 - FBOP000183-FBOP000190, # 9 Exhibit 6 - BOP035533-BOP035537, # 10 Exhibit 7 - BOP035538, # 11 Exhibit 8 - letter withdrawing settlement proposal, # 12 Exhibit 9 Cannon depo testimon, # 13 Exhibit 10 - Churchill depo testimony, # 14 Exhibit 11 - Langford updated depo testimony, # 15 Exhibit 12 EMAIL00173364_image, # 16 Exhibit 13 - BOP028376_image, # 17 Exhibit 14 - Hinkle depo testimony)(Leviss, David) Modified on 10/30/2017 (RSF). (Entered: 07/28/2017)
174 MOTION to Maintain Document Under Seal 173 SEALED MOTION / Plaintiffs' Motion for Leave to Supplement their Motion for Preliminary Injunction , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 07/28/2017)
175 RESPONSE in Opposition re 173 SEALED MOTION / Plaintiffs' Motion for Leave to Supplement their Motion for Preliminary Injunction , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 07/31/2017)
176 ORDER - This matter comes before the Court on the Motion for Leave filed by counsel for the Plaintiffs in this cause. The Court, having read the Motion and the Defendant's Response, and being duly advised, now VACATES the oral argument scheduled for August 8, 2017. Plaintiffs shall file any dispositive motion on or before September 15, 2017 (SEE ORDER FOR ADDITIONAL DEADLINES). Signed by Judge William T. Lawrence on 8/3/2017.(DW) (Entered: 08/03/2017)

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09/08/2017 09/08/2017 09/08/2017

177 Exhibit List Final, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP), Witness List Final, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 08/18/2017)
179 Witness List , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 08/21/2017)
180 Exhibit List , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Trial Exhibit List)(Leviss, David) (Entered: 08/21/2017)
181 Joint MOTION to Extend Discovery and Dispositive Motions Deadlines, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 08/26/2017)
182 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/23/2017. Parties discussed status of & future plans for discovery. Plaintiffs shall file any motion to enlarge remaining deadlines by 8/30/2017; Defendants shall respond by 9/5/2017; Plaintiffs shall reply by 9/7/2017. Telephonic Status Conference set for 9/12/2017 at 2:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/28/2017)
183 MOTION to Strike Expert Reports, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 08/30/2017)
184 BRIEF/MEMORANDUM in Support re 183 MOTION to Strike Expert Reports , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of John McDermott, # 2 Exhibit A - Hamzah Maqbul Expert Report, # 3 Exhibit B - Hartland Expert Report, # 4 Exhibit C - Expert Report of John M Vanyur, # 5 Exhibit D - Declaration of Imam Mustafa Boz, # 6 Exhibit E - Declaration of Bradley Trate)(Leviss, David) (Entered: 08/30/2017)
185 MOTION for Attorney(s) Matthew C. Gill to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 09/08/2017)
186 MOTION for Attorney(s) Carolyn Appel to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order Proposed Order)(Leviss, David) (Entered: 09/08/2017)
187 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 9/8/2017 at parties'

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request. Court & parties discussed remaining discovery & 181 parties' joint motion to extend discovery & dispositive motions deadlines. Parties' joint motion 181 GRANTED IN PART & DENIED IN PART. Approved Case Management Plan as amended [Dkts. 22 , 23 , 63 , 133 , & 176 ] hereby amended as follows: Statement of Claims or Defenses due by 11/6/2017; Discovery due by 11/3/2017; Dispositive Motions due by 11/9/2017. Telephonic Status Conference set for 9/12/2017 CONTINUED to 10/3/2017 at 3:40 PM (Eastern Time). *SEE ORDER FOR ADDITIONAL DEADLINES & INFORMATION.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/11/2017)
188 RESPONSE in Opposition re 183 MOTION to Strike Expert Reports , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 09/12/2017)
189 RECEIPT #IP057116 for Pro Hac Vice fee in the amount of $100.00, paid by O'Melveny & Myers LLP for Carolyn Appel re 186 MOTION. (DW) (Entered: 09/12/2017)
190 RECEIPT #IP057115 for Pro Hac Vice fee in the amount of $100.00, paid by O'Melveny & Myers LLP for Matthew C. Gill re 185 MOTION. (DW) (Entered: 09/12/2017)
191 ORDER granting 185 Motion to Appear pro hac vice. Attorney Matthew C Gill for BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON added. If not already registered with the Court's Electronic Filing System, Matthew C. Gill is ordered to register within ten (10) days of the entry of this order. Signed by Magistrate Judge Mark J. Dinsmore on 9/13/2017. (DW) (Entered: 09/13/2017)
192 ORDER granting 186 Motion to Appear pro hac vice. Attorney Carolyn Appel for BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON added. If not already registered with the Court's Electronic Filing System, Carolyn Appel is ordered to register within ten (10) days of the entry of this order. Signed by Magistrate Judge Mark J. Dinsmore on 9/13/2017. (DW) (Entered: 09/13/2017)
193 NOTICE of Withdrawal of Appearance by Pro Hac Vice Counsel Jessica Thorn on behalf of BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON (Leviss, David) (Entered: 09/13/2017)
194 ORDER ON PENDING MOTIONS - Defendant's motion to dismiss 97 is DENIED. Motion for preliminary injunction 87 is denied as moot. The parties shall present all of their arguments in their summary judgment briefs, without reference to their previously filed briefs. SEE ORDER. Signed by Judge William T. Lawrence on 9/19/2017. (JRB) (Entered: 09/19/2017)

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195 REPLY in Support of Motion re 183 MOTION to Strike Expert Reports , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 09/19/2017)
196 ORDER - denying 174 Motion to Maintain Document Under Seal. The Clerk is directed to UNSEAL Docket Nos. 173 through 173-17, inclusive, on or after October 18, 2017, absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or a further order of the Court. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 9/27/2017. (RSF) (Entered: 09/27/2017)
199 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/3/2017. Parties discussed status of discovery. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/04/2017)
198 ORDER ON MOTION TO STRIKE EXPERTS - This matter is before the Court on Plaintiffs' Motion to Strike Expert Reports. [Dkt. 183 .] Plaintiffs seek to strike as untimely two complete expert reports and a portion of a third report served by Defendant, Federal Bureau of Prisons ("BOP"). The BOP asserts the experts reports are rebuttal reports and were timely served on the rebuttal report deadline. For the reasons set forth below, the Court GRANTS Plaintiff's Motion. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 10/4/2017. (RSF) (Entered: 10/04/2017)
200 MOTION for Reconsideration re 198 Order on Motion to Strike , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 10/13/2017)
201 RESPONSE in Opposition re 200 MOTION for Reconsideration re 198 Order on Motion to Strike / Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Reconsideration, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 10/17/2017)
202 REPLY in Support of Motion re 200 MOTION for Reconsideration re 198 Order on Motion to Strike , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 10/24/2017)
203 ORDER ON BUREAU OF PRISONS' MOTION TO RECONSIDER OR FOR CLARIFICATION - Defendant's Motion to Reconsider or For Clarification [Dkt. 200 ] is GRANTED. Discovery in this matter closes on November 3, 2017. If necessary, the Court extends this deadline for the limited purpose of rescheduling Mr. Trate's deposition. The parties shall confer and schedule Mr. Trate's deposition, if desired, as soon as possible. No other deadlines are affected or altered by this order (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2017. (DW) (Entered: 11/01/2017)

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204 STIPULATION of Dismissal (Stipulation of Partial Dismissal), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 11/02/2017)
205 Joint MOTION to Amend/Correct Caption, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 11/02/2017)
206 Statement of Defenses by FEDERAL BUREAU OF PRISONS (BOP)(Thomas R. Kane, Acting Director). (Woods, Shelese) (Entered: 11/06/2017)
207 Statement of Jurisdiction and Claims by BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 11/06/2017)
208 ORDER AMENDING CAPTION - This matter comes before the parties' Joint Motion to Amend Caption. [Dkt. 205 .] The Court notes that the requested substitution was automatic pursuant to Fed. R. Civ. P. 25(d). Nevertheless, the Court hereby GRANTS the parties' Joint Motion. The Clerk is directed to amend the caption of this matter too reflect the substitution of Mark S. Inch as Defendant in his official capacity as Director of the Federal Bureau of Prisons and all pleadings are constructively amended to reflect the same, as of the date of this order. Signed by Magistrate Judge Mark J. Dinsmore on 11/7/2017. (DW) (Entered: 11/07/2017)
209 ***UNSEALED PER 213 ORDER*** SEALED MOTION for Summary Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Proposed Order)(Leviss, David) Modified on 12/4/2017 (DW). Modified on 1/9/2018 (DW). (Entered: 11/09/2017)
210 ***UNSEALED PER 213 ORDER*** SEALED / Plaintiffs Memorandum of Law in Support of their Motion for Summary Judgment, re 209 SEALED Motion (Case Participants - doc), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of David J. Leviss in Support of, # 2 Exhibit 1 - Transcript Carr, # 3 Exhibit 2 - Transcript Crenshaw, # 4 Exhibit 3 - Transcript Kent, # 5 Exhibit 4 - Transcript Wilson, # 6 Exhibit 5 - Transcript Kugler, # 7 Exhibit 6 - Transcript Stiltner, # 8 Exhibit 7 - Transcript Hinkle, # 9 Exhibit 8 - Transcript Cannon, # 10 Exhibit 9 - Transcript Langford, # 11 Exhibit 10 - Transcript Churchill, # 12 Exhibit 11 - Transcript Richter, # 13 Exhibit 12 Transcript Bodine, # 14 Exhibit 13 - Transcript Hartland, # 15 Exhibit 14 - Transcript Cecil, # 16 Exhibit 15 - Transcript Boz, # 17 Exhibit 16 Transcript Lawton, # 18 Exhibit 17 - Declaration Maqbul, # 19 Exhibit 18 - Declaration Hartland, # 20 Exhibit 19 - Declaration Stiltner,

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# 21 Exhibit 20 - CARR000400-01, 07-10, and 21, # 22 Exhibit 21 CREN000083, 86-91, # 23 Exhibit 22 - KENT000272-78, # 24 Exhibit 23 - WIL000095-101, # 25 Exhibit 24 - Carr Rogs, # 26 Exhibit 25 Crenshaw Rogs, # 27 Exhibit 26 - Kent Rogs, # 28 Exhibit 27 - Wilson Rogs, # 29 Exhibit 28 - Carr A&R Rogs, # 30 Exhibit 29 - Crenshaw A&R Rogs, # 31 Exhibit 30 - Kents A&R Rogs, # 32 Exhibit 31 Wilsons A&R Rogs, # 33 Exhibit 32 - Declaration Carr, # 34 Exhibit 33 Declaration Crenshaw, # 35 Exhibit 34 - Declaration Kent, # 36 Exhibit 35 - Declaration Wilson, # 37 Exhibit 36 - EMAIL00002323-24, # 38 Exhibit 37 - EMAIL00004087-88, # 39 Exhibit 38 EMAIL00002488-92, # 40 Exhibit 39 - EMAIL00061783, # 41 Exhibit 40 - BOP003110-12, # 42 Exhibit 41 - BOP003087-104, # 43 Exhibit 42 FBOP000172-181, # 44 Exhibit 43 - FBOP000095112, # 45 Exhibit 44 FBOP00018384, # 46 Exhibit 45 - FBOP000185-90, # 47 Exhibit 46 FBOP00002628, # 48 Exhibit 47 - FBOP00003537, # 49 Exhibit 48 BOP043271, # 50 Exhibit 49 - EMAIL00076939, # 51 Exhibit 50 BOP035296-5300, # 52 Exhibit 51 - BOP03937476, # 53 Exhibit 52 BOP042153, # 54 Exhibit 53 - BOP03553337, 66-68, # 55 Exhibit 54 BOP035538-65, # 56 Exhibit 55 - BOP028376, # 57 Exhibit 56 BOP028377, # 58 Exhibit 57 - EMAIL00173364-69, # 59 Exhibit 58 BOP04047583, # 60 Exhibit 59 - BOP00228488, # 61 Exhibit 60 BOP044083, # 62 Exhibit 61 - BOP042526-27, # 63 Exhibit 62 EMAIL00003716-3778, # 64 Exhibit 63 - Defendants ROGS, # 65 Exhibit 64 - Defendants 2nd ROGS, # 66 Exhibit 65 - Defendants 3rd ROGS, # 67 Exhibit 66 - Defendants 4th ROGS, # 68 Exhibit 67 Defendants 6th ROGS, # 69 Exhibit 68 - Defendants 7th ROGS, # 70 Exhibit 69 - BOP043286, # 71 Exhibit 70 - SOPAKCO Pouches, # 72 Exhibit 71 - BOP04127294, # 73 Exhibit 72 - PLTF0000069, CARR000449, # 74 Exhibit 73 - Defendants 7th RO)(Leviss, David) Modified on 1/9/2018 (DW). (Entered: 11/09/2017)
211 MOTION to Maintain Document Under Seal 210 SEALED Document (Case Participants - doc), 209 SEALED MOTION for Summary Judgment , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Proposed Order)(Leviss, David) (Entered: 11/09/2017)
212 NOTICE (Letter to Judge Lawrence re Plaintiffs Motion to Maintain Documents Under Seal), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON, re 211 MOTION to Maintain Document Under Seal 210 SEALED Document (Case Participants - doc), 209 SEALED MOTION for Summary Judgment . (Leviss, David) (Entered: 11/29/2017)
213 ORDER ON PLAINTIFFS' MOTION TO SEAL - This matter is before the Court on Plaintiffs' Motion to Seal. [Dkt. 211.] Plaintiffs seek to seal their Motion for Summary Judgment [Dkt. 209] and the Leviss

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Declaration attached as an exhibit to Plaintiffs' Memorandum of Law in Support of their Motion for Summary Judgment [Dkt. 210] because those documents include information designated by Defendant as confidential under the parties' Stipulated Protective Order. Defendant did not file a response to Plaintiff's Motion to Seal, and further, on November 29, 2017, Plaintiffs filed a Notice advising that Defendant does not object to the full unsealing of Plaintiffs' motion and supporting documents. [Dkt. 212 .] Consequently, the Court hereby DENIES Plaintiffs' Motion to Seal. [Dkt. 211 . The Clerk is directed to UNSEAL Docket Nos. 209 and 210 . Signed by Magistrate Judge Mark J. Dinsmore on 12/1/2017. (DW) (Entered: 12/04/2017)
214 MOTION to Strike Hartland Report and Testimony, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, Hartland Deposition Excerpts)(Woods, Shelese) (Entered: 12/08/2017)
215 BRIEF/MEMORANDUM in Support re 214 MOTION to Strike Hartland Report and Testimony , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 12/08/2017)
216 MOTION to Strike Maqbul Report and Testimony, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, Maqbul Deposition Excerpts)(Woods, Shelese) (Entered: 12/08/2017)
217 BRIEF/MEMORANDUM in Support re 216 MOTION to Strike Maqbul Report and Testimony , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 12/08/2017)
218 MOTION for Leave to File Supplemental Trial Exhibit List, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Plaintiffs' Supplemental Trial Exhibit List, # 2 Text of Proposed Order)(Leviss, David) (Entered: 12/08/2017)
219 MOTION for Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, Kugler Decl 10.28.16, # 2 Exhibit 2, Holliday Decl., # 3 Exhibit 3, Holliday Dep. Excerpts, # 4 Exhibit 4, Langford Dep. Excerpts, # 5 Exhibit 5, Hinkle Dep. Excerpts, # 6 Exhibit 6, Stiltner Decl., # 7 Exhibit 7, Certified Food Specifications, # 8 Exhibit 8, Kugler Dep. Excerpts, # 9 Exhibit 9, Boz Dep. Excerpts, # 10 Exhibit 10, Carr Admin. Remedy, # 11 Exhibit 11, Carr Dep. Excerpts, # 12 Exhibit 12, Stiltner Dep. Excerpts, # 13 Exhibit 13, Crenshaw Dep. Excerpts, # 14 Exhibit 14, Wilson Dep. Excerpts, # 15 Exhibit 15, Kugler Decl. 12.8.17, # 16 Exhibit 16, Kent Dep. Excerpts, # 17 Exhibit 17, Lawton Dep. Excerpts, # 18 Exhibit 18, Vendor emails, # 19 Exhibit 19, Vendor response, # 20 Exhibit 20, Vendor response, # 21 Exhibit 21, Vendor emails, # 22 Exhibit 22, Vendor emails, # 23 Exhibit 23, Vendor emails, # 24 Exhibit 24, FCI Memphis Request for Quote, # 25 Exhibit 25, 2018 Halal Menu, # 26 Exhibit 26, Kent Resp. to Interrogs, # 27 Exhibit Maqbul Dep.

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Excerpts, # 28 Exhibit 28, Vendor response, # 29 Exhibit 29, Vendor email, # 30 Exhibit 30, Jamiu Dep. Excerpts, # 31 Exhibit 31, 2015 Halal Menu, # 32 Exhibit 32, Churchill Dep. Excerpts)(Woods, Shelese) (Entered: 12/08/2017)
220 BRIEF/MEMORANDUM in Support re 219 MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 12/08/2017)
221 RESPONSE in Opposition re 214 MOTION to Strike Hartland Report and Testimony / Plaintiffs' Opposition to Motion to Strike Report of Nathanael Hartland, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Declaration of Heartland, # 2 Exhibit B - Langford Tr Excerpts, # 3 Exhibit C - Hartland Tr Excerpts)(Leviss, David) (Entered: 01/08/2018)
222 RESPONSE in Opposition re 216 MOTION to Strike Maqbul Report and Testimony / Plaintiffs' Opposition to Motion to Strike Report of Hamzah Maqbul, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit A - Hamzah Maqbul Expert Report, # 2 Exhibit B - Maqbul Tr Excerpts, # 3 Exhibit C - Boz Tr Excerpts)(Leviss, David) (Entered: 01/08/2018)
223 REPLY in Support of Motion re 209 SEALED MOTION for Summary Judgment / Plaintiffs' Reply Memorandum of Law in Support of their Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of David J. Leviss in Support of, # 2 Exhibit 74 - Add'l Kent Depo Transcript Excerpts, # 3 Exhibit 75 - Add'l Wilson Depo Transcript Excerpts, # 4 Exhibit 76 - Add'l Carr Depo Transcript Excerpts, # 5 Exhibit 77 - Add'l Kugler Depo Transcript Excerpts, # 6 Exhibit 78 - Add'l Crenshaw Depo Transcript Excerpts, # 7 Exhibit 79 - Add'l Lawton Depo Transcript Excerpts, # 8 Exhibit 80 - Dobroski Depo Transcript Excerpts, # 9 Exhibit 81 - Mitchel Holliday Transcript Excerpts, # 10 Exhibit 82 - USP Atlanta Solicitation BOP044132-044163, # 11 Exhibit 83 - FCI Cumberland Solicitation BOP044164-044178, # 12 Exhibit 84 - FCC Florence Solicitation BOP044186-044216, # 13 Exhibit 85 - Add'l Cannon Depo Transcript Excerpts, # 14 Exhibit 86 - Add'l Bodine Depo Transcript Excerpts, # 15 Exhibit 87 EMAIL00173999_image, # 16 Exhibit 88 - Dec 21, 2017 Email 1 of 2 from B. Faoro BOP044217, # 17 Exhibit 89 - Dec 21, 2017 Email 2 of 2 from B. Faoro BOP044218-044221, # 18 Exhibit 90 - Dec 21, 2017 Email from R. Fant BOP044222, # 19 Exhibit 91 - Dec 26, 2017 Email from R. Fant 044223)(Leviss, David) (Entered: 01/08/2018)

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224 Exhibits, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 **SEALED per 245 ** Exhibit 88 - Dec 21, 2017 Email 1 of 2 from B. Faoro BOP044217, # 2 **SEALED per 245 ** Exhibit 89 - Dec 21, 2017 Email 2 of 2 from B. Faoro BOP044218-044221)(Leviss, David) Modified on 2/6/2018 (DW). Modified on 2/6/2018 (DW). (Entered: 01/08/2018)
225 MOTION to Maintain Document Under Seal 224 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Proposed Order)(Leviss, David) (Entered: 01/08/2018)
226 RESPONSE to Motion re 225 MOTION to Maintain Document Under Seal 224 SEALED Document (Case Participants - doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/21/2018)
227 ***PLEASE DISREGARD - FILED IN ERROR - REFER TO DOC 229 FOR CORRECT DOCUMENT*** REPLY in Support of Motion re 216 MOTION to Strike Maqbul Report and Testimony , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) Modified on 1/22/2018 (DW). (Entered: 01/21/2018)
228 REPLY in Support of Motion re 214 MOTION to Strike Hartland Report and Testimony , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/21/2018)
229 REPLY in Support of Motion re 216 MOTION to Strike Maqbul Report and Testimony , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/22/2018)
230 REPLY in Support of Motion re 219 MOTION for Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 33, Excerpts of Deposition of Thomas Hinkle, # 2 Exhibit 34, Eric Lawton Decl.)(Woods, Shelese) (Entered: 01/23/2018)
231 SEALED Exhibit 34, Eric Lawton Decl. unredacted, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/23/2018)
232 SEALED Defendant's Reply Brief In Suppotr of Motion for Summary Judgment unredacted, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/23/2018)
233 MOTION to Maintain Document Under Seal 232 SEALED Document (Case Participants - doc), 231 SEALED Document (Case Participants doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 01/23/2018)

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234 ORDER REGARDING MOTION TO SEAL - Accordingly, pursuant to Local Rule 5-11(d) (3), Plaintiffs' motion to seal [Dkt. 225 ] is DENIED; the Clerk is directed to UNSEAL Docket Nos. [224,] 224-1, and 224-2 on or after February 14, 2018, absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or a further order of the Court (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 1/23/2018. (DW) (Entered: 01/23/2018)
235 BRIEF/MEMORANDUM in Support re 233 MOTION to Maintain Document Under Seal 232 SEALED Document (Case Participants doc), 231 SEALED Document (Case Participants - doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 01/23/2018)
236 SEALED Surreply re 219 MOTION for Summary Judgment and 230 REPLY in Support of Motion (Plaintiffs' Surreply in Opposition to Defendant's Motion for Summary Judgment), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) Modified on 1/31/2018 (NLR). (Entered: 01/30/2018)
237 MOTION to Seal Document 236 Surreply , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) Modified on 1/30/2018 (NLR). (Entered: 01/30/2018)
238 MOTION (Request) for Oral Argument), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON, re 236 Surreply. (Leviss, David) Modified on 1/31/2018 (DW). (Entered: 01/30/2018)
239 Submission of Proposed Order , re 238 , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 01/31/2018)
240 MOTION for Reconsideration re 234 Order on Motion to Seal/Maintain Under Seal Document , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit Proposed Brief In Support of Plaintiffs' Motion to Seal, # 2 Exhibit 88, redacted Faoro email, # 3 Exhibit 89, redacted Faoro email)(Woods, Shelese) (Entered: 02/01/2018)
241 MOTION to Strike or Preclude Testimony of Plaintifffs' Experts, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 02/01/2018)
242 EXHIBIT re 240 MOTION for Reconsideration re 234 Order on Motion to Seal/Maintain Under Seal Document Corrected Ex. 89, redacted Faoro email, Docket No. 240-3 by FEDERAL BUREAU OF PRISONS (BOP)(Mark S. Inch, Director). (Woods, Shelese) (Entered: 02/02/2018)

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243 MOTION to Strike Expert Reports of Mitchell Holliday, Michael Bodine and Mustafa Boz, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 02/02/2018)
244 BRIEF/MEMORANDUM in Support re 243 MOTION to Strike Expert Reports of Mitchell Holliday, Michael Bodine and Mustafa Boz , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 02/02/2018)
245 ORDER - This matter comes before the Court on Defendant's Motion to Reconsider the Court's Order Regarding Motion to Seal. [Dkt. 240.] Consequently, based upon the Court's review of Defendant's supporting brief and 240 ]. The Clerk is directed to permanently seal Dkt. 224-1 and Dkt. 224-2. The Motion is DENIED as to Dkt. 224, which is not addressed by Defendant and does not appear to require sealing. Therefore, the Clerk shall unseal Dkt. 224 as previously instructed [Dkt. 234 ] (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 2/6/2018. (DW) (Entered: 02/06/2018)
246 RESPONSE to Motion re 233 MOTION to Maintain Document Under Seal 232 SEALED Document (Case Participants - doc), 231 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 02/06/2018)
247 RESPONSE to Motion re 237 MOTION to Seal Document 236 Surreply Brief In Support, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit Docket No. 236 redacted)(Woods, Shelese) (Entered: 02/13/2018)
248 RESPONSE in Opposition re 241 MOTION to Strike or Preclude Testimony of Plaintifffs' Experts , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 02/15/2018)
249 RESPONSE to Motion re 243 MOTION to Strike Expert Reports of Mitchell Holliday, Michael Bodine and Mustafa Boz , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 02/16/2018)
250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of Scott Hammack, # 2 Attachment A, # 3 Attachment B, # 4 Text of Proposed Order)(Leviss, David) (Entered: 03/13/2018)
251 MOTION to Maintain Document Under Seal 250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW,

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TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 03/13/2018)
252 BRIEF/MEMORANDUM in Support re 251 MOTION to Maintain Document Under Seal 250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit Redacted Motion to Supplement, # 2 Exhibit Redacted Ex. 250-1, # 3 Exhibit Redacted Ex. 250-2, # 4 Exhibit Redacted Ex. 250-3)(Woods, Shelese) (Entered: 03/22/2018)
253 RESPONSE to Motion re 250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment and Designation of Exhibit 35, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 35, Redacted email to vendor)(Woods, Shelese) (Entered: 03/23/2018)
254 SEALED REPLY in support of Motion re 250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of Scott Hammack, # 2 Attachment A to the Hammack Declaration)(Leviss, David) (Entered: 03/30/2018)
255 MOTION to Maintain Document Under Seal 254 SEALED Reply in support of Motion , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 03/30/2018)
256 BRIEF/MEMORANDUM in Support re 255 MOTION to Maintain Document Under Seal 254 SEALED Reply in support of Motion , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 254-2 email (redacted version))(Woods, Shelese) (Entered: 04/12/2018)
257 Second SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of Scott Hammack, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Text of Proposed Order)(Leviss, David) Modified on 8/8/2018 (GD). Modified on 8/8/2018 - unsealed Ex 1 pursuant to Order at 268 (DMW). (Entered: 04/18/2018)
258 MOTION to Maintain Document Under Seal 257 Second SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 04/18/2018)

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259 ORDER granting 251 Motion to Maintain Document Under Seal 250 SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2018. (JRB) (Entered: 04/18/2018)
260 ORDER granting 255 Motion to Maintain Document Under Seal 254 SEALED Reply in support of Motion. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2018. (JRB) (Entered: 04/18/2018)
261 ORDER granting 250 Sealed Motion to Supplement the Motion for Summary Judgment - Attachment A to the Hammack Declaration is hereby designated asPlaintiffs' Exhibit 92 for purposes of their Motion for Summary Judgment. SEE ORDER. Signed by Judge William T. Lawrence on 4/20/2018. (JRB) (Entered: 04/20/2018)
262 RESPONSE to Motion re 257 Second SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 05/02/2018)
263 BRIEF/MEMORANDUM in Support re 258 MOTION to Maintain Document Under Seal 257 Second SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit Dkt 257-2 redacted email, # 2 Exhibit Dkt 257-3 redacted email, # 3 Exhibit Dkt 257-4 redacted email, # 4 Exhibit Dkt 257 redacted Ps Motion to Supplement)(Woods, Shelese) (Entered: 05/02/2018)
264 SEALED Order Granting 257 Second SEALED MOTION For Leave To Supplement Their Motion For Summary Judgment filed by JOHN WILSON, MARK CRENSHAW, TRONE KENT, BRIAN CARR. Signed by Judge William T. Lawrence on 5/17/2018.(MAC) (Entered: 05/17/2018)
265 ENTRY - Final Pretrial Conference previously set for June 22, 2018 and Jury Trial previously set for July 23, 2018 are hereby VACATED, to be reset by separate order. Signed by Judge William T. Lawrence on 5/23/2018.(JRB) (Entered: 05/23/2018)
266 ORDER ON MOTION TO SEAL - Based upon the Court's review of Defendant's supporting brief and proposed redactions, the Court GRANTS Defendant's Motion. [Dkt. 233 ]. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 231 and 232 . (See Order.). Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2018. (DMW) (Entered: 08/08/2018)
267 ORDER ON MOTION TO SEAL - Based upon the Court's review of Defendant's supporting brief and proposed redactions, the Court GRANTS Defendant's Motion. [Dkt. 237 .] The Clerk is directed to PERMANENTLY SEAL Docket No. 236 . (See Order.) Signed by

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Magistrate Judge Mark J. Dinsmore on 8/8/2018. (DMW) (Entered: 08/08/2018)
268 ORDER ON MOTION TO SEAL - This matter comes before the Court on Plaintiffs' motion to seal Docket Nos. 257 , 257-1, 257-2, 257-3, and 257-4. [Dkt. 258 .] Defendant filed a brief in support of that motion. [Dkt. 263 .] Defendant instructed that Docket No. 257-1 contains no sensitive information and may be unsealed. Accordingly, the Clerk is directed to UNSEAL Docket No. 257-1. Based upon the Court's review of Defendant's supporting brief and proposed redactions, the Court GRANTS Defendant's Motion. [Dkt. 258 .](See Order.). Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2018. (DMW) (Entered: 08/08/2018)
269 ORDER REGARDING SUPPLEMENTAL FACTS - Highly relevant to the Court's consideration of the pending motions for summary judgment is the question of whether any vendors of halal food can provide halalcertified meals that both satisfy the Plaintiffs' religious beliefs and the Bureau of Prison's requirements. The parties are ordered to provide the Court with updated evidence with regard to the current availability of halal-certified meals that both satisfy the Plaintiffs' religious beliefs and the Bureau of Prison's requirements. Each party shall file an update by August 28, 2018. (See Order.) Signed by Judge William T. Lawrence on 8/21/2018. (DMW) (Entered: 08/21/2018)
270 RESPONSE to 269 Court's Order, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit Decl. of Scott Abrahims, # 2 Exhibit Email BOP044228, # 3 Exhibit Email BOP044229-44230, # 4 Exhibit Email BOP044233-44239, # 5 Exhibit Email BOP044273-44275, # 6 Exhibit Email BOP044276-44278, # 7 Exhibit Email BOP044281-044282, # 8 Exhibit Email BOP044283044294, # 9 Exhibit Email BOP044295-44296, # 10 Exhibit Email BOP044305-44324, # 11 Exhibit Email BOP044325-44363, # 12 Exhibit Email BOP044364-44370)(Woods, Shelese) Modified on 8/29/2018 to edit docket text(DMW). (Entered: 08/28/2018)
271 SEALED Plaintiffs' Response to Court's Order to Supplement Their Motion for Summary Judgment, re 269 Order, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of Scott Hammack, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Attachment D, # 6 Attachment E, # 7 Attachment F, # 8 Attachment G, # 9 Attachment H)(Leviss, David) (Entered: 08/28/2018)
272 MOTION to Maintain Document Under Seal 271 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 08/28/2018)

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273 BRIEF/MEMORANDUM in Support re 272 MOTION to Maintain Document Under Seal 271 SEALED Document (Case Participants doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit redacted Pls.' Response, # 2 Exhibit redacted 271-2, # 3 Exhibit redacted 271-3, # 4 Exhibit redacted 271-4, # 5 Exhibit redacted 271-5, # 6 Exhibit redacted 271-6, # 7 Exhibit redacted 2717)(Woods, Shelese) (Entered: 09/11/2018)
274 ORDER ON MOTION TO SEAL - This matter comes before the Court on Plaintiffs' motion to seal Docket Nos. 271 and 271-1 through 271-9 on the grounds that they contain information designated as confidential by Defendant. [Dkt. 272 .] Based upon the Court's review of Defendant's supporting brief and proposed redactions, the Court GRANTS IN PART and DENIES IN PART Plaintiffs' Motion [Dkt. 272 ]. The Clerk is directed to PERMANENTLY SEAL Docket Nos. 271 and 271-2 through 271-7; the Clerk is directed to UNSEAL Docket Nos. 271- 1, 271-8, and 271-9. (See Order.) Copy via U.S. Mail pursuant to distribution list. Signed by Magistrate Judge Mark J. Dinsmore on 9/14/2018. (DMW) (Entered: 09/14/2018)
275 NOTICE of Supplemental Authority in Support of Plaintiffs' Motion for Summary Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON (Attachments: # 1 Exhibit A - Findings, Conclusions and Order of Judgment) (Leviss, David) (Entered: 09/14/2018)
276 ORDER GRANTING LEAVE TO SUBMIT SUPPLEMENTAL TRIAL EXHIBIT LIST - Granting 218 Plaintiffs' Motion for Leave to Submit Supplemental Trial Exhibit List. (See Order.) Signed by Judge William T. Lawrence on 9/17/2018. (DMW) (Entered: 09/17/2018)
277 ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - The cross motions for summary judgment filed by the Plaintiffs (Dkt. No. 209 ) and the Defendant (Dkt. No. 219 ) are DENIED. With regard to the motions to strike (Dkt. Nos. 214 , 216 , 241 and 243 ), the Court has not considered these expert reports in ruling on the parties' motions for summary judgment. These witnesses will be allowed to testify at the bench trial, and the Court will make a determination of the admissibility of the evidence following the trial. Accordingly, Dkt. Nos. 214 , 216 , 241 , and 243 are DENIED AS MOOT. Dkt. No. 238 is also DENIED AS MOOT. A trial date will be set by separate order. (See Entry.) Signed by Judge William T. Lawrence on 9/19/2018. (DMW) (Entered: 09/19/2018)
278 ENTRY FOR OCTOBER 1, 2018 - HONORABLE WILLIAM T. LAWRENCE: Bench Trial set for 6/3/2019 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 5/3/2019 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street,

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Indianapolis, Indiana before Judge William T. Lawrence. (See Entry.) Signed by Judge William T. Lawrence on 10/1/2018. (DMW) (Entered: 10/01/2018)
279 Exhibit List (Plaintiffs' Supplemental Trial Exhibit List), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 10/15/2018)
280 MOTION to Withdraw Attorney Appearance of Matthew C. Gill, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 10/15/2018)
281 ORDER - Granting 280 Plaintiffs' Motion for Withdrawal of Appearance of Pro Hac Vice Counsel Matthew C. Gill. The appearance of Matthew C. Gill as counsel for Plaintiffs is WITHDRAWN and TERMINATED. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2018. (DMW) (Entered: 10/17/2018)
282 Unopposed MOTION for Continuance of Trial , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) Modified on 12/6/2018 to edit document title(DMW). (Entered: 12/04/2018)
283 ORDER granting 282 Motion for Continuance. Bench Trial reset for 9/16/2019 09:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Judge William T. Lawrence. Final Pretrial Conference reset for 8/7/2019 10:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Judge William T. Lawrence. The Magistrate Judge is requested to hold a status or settlement conference in the month of April or May of 2019. Signed by Judge William T. Lawrence on 2/1/2019.(RSF) (Entered: 02/01/2019)
284 SCHEDULING ORDER: Telephonic Status Conference set for 2/13/2019 at 11:45 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status, including the possibility of scheduling a settlement conference pursuant to the Court's Order. [Dkt. 283 .] Counsel shall attend by calling the designated telephone number, to be provided via email generated by the Court's ECF system. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 2/5/2019. (GD) (Entered: 02/05/2019)
286 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/13/2019. Telephonic Settlement Conference set for 4/9/2019 at 9:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel will be separately provided call-in information for conference. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/14/2019)

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287 Unopposed MOTION for Discovery (Unopposed Motion for Leave to Take Additional Discovery), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 03/06/2019)
288 ORDER - This matter comes before the Court on the Plaintiffs' Unopposed Motion for Leave to Take Additional Discovery. [Dkt. 287 .] That motion is hereby GRANTED IN PART and DENIED IN PART. Discovery is hereby reopened in this matter for the limited purpose of conducting the discovery articulated in Plaintiff's motion. [Id. at 2.] All such discovery shall be completed on or before June 7, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2019. (DMW) (Entered: 03/08/2019)
289 AMENDED SCHEDULING ORDER: The Court, sua sponte, hereby RESCHEDULES the Telephonic Settlement Conference currently set for April 9, 2019 to Monday, May 20, 2019 at 9:00 a.m. (Eastern). All other requirements of the Court's order dated February 13, 2019 [Dkt. 286 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2019. (DMW) (Entered: 03/21/2019)
290 ORDER REASSIGNING CASE. Clerk is directed to randomly reassign case and notify parties of newly assigned District Judge. Signed by Judge William T. Lawrence on 4/17/2019. (NLR) (Entered: 04/17/2019)
291 NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge William T. Lawrence is no longer assigned to this case. Please include the new case number, 2:14-cv-00001-JMS-MJD, on all future filings in this matter. (NLR) (Entered: 04/17/2019)
292 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (MRI) (Entered: 04/19/2019)
293 ORDER to Make Inmate Available - via Telephone. Warden of USP Atlanta ordered to make Brian Carr Available - via Telephone for court proceeding on 5/20/2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2019. (GD) (Entered: 05/17/2019)
294 ORDER to Make Inmate Available - via Telephone. Warden of USP Florence ordered to make Mark Crenshaw Available - via Telephone for court proceeding on 5/20/2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2019. (GD) (Entered: 05/17/2019)
295 ORDER to Make Inmate Available - via Telephone. Warden of FCI Memphis ordered to make Trone Kent Available - via Telephone for court proceeding on 5/20/2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2019. (GD) (Entered: 05/17/2019)
296 ORDER to Make Inmate Available - via Telephone. Warden of FCI Cumberland ordered to make John Wilson Available - via Telephone for

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court proceeding on 5/20/2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2019. (GD) (Entered: 05/17/2019)
297 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 5/20/2019. Settlement was not achieved. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/22/2019)
298 Exhibit List Amended, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP), Witness List Amended, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 05/28/2019)
299 MOTION to Dismiss for Lack of Jurisdiction (), MOTION for Summary Judgment (), filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 18, Abrahims Decl., # 2 Exhibit 19, Abrahims Dep., # 3 Exhibit 20, Vendor emails, # 4 Exhibit 21, Vendor emails, # 5 Exhibit 22, Vendor email, # 6 Exhibit 23, Halal Meal labels, # 7 Exhibit 24, Vendor emails, # 8 Exhibit 25, Memo to Wardens, # 9 Exhibit 26, 2019 Certified Menu, # 10 Exhibit 27, BOP Halal Meal specifications, # 11 Exhibit 28, Halal Menu nutritional analysis, # 12 Exhibit 29, Daily Offerings Analysis)(Woods, Shelese) (Entered: 06/01/2019)
300 BRIEF/MEMORANDUM in Support re 299 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 06/01/2019)
301 **UNSEALED PER NO. 310** SEALED RESPONSE re 299 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of David Leviss, # 2 Exhibit 105 - Maqbul Decl., # 3 Exhibit 106 - Crenshaw Tr, # 4 Exhibit 107 - BOP044642, # 5 Exhibit 108 -- BOP044866, # 6 Exhibit 109 - KENT000628, # 7 Exhibit 110 - BOP044644, # 8 Exhibit 111 - BOP044524, # 9 Exhibit 112 - BOP043970, # 10 Exhibit 113 - BOP041271, # 11 Exhibit 114 - BOP042152, # 12 Exhibit 115 - Lawton Tr., # 13 Exhibit 116 - BOP044653, # 14 Exhibit 117 - BOP044839, # 15 Exhibit 118 - FS000100, # 16 Exhibit 119 - Boz Tr., # 17 Exhibit 120 - Decl of John Wilson)(Leviss, David) Modified on 9/16/2019 (LBT). (Entered: 07/01/2019)
302 MOTION to Maintain Document Under Seal 301 SEALED Response to Motion , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 07/02/2019)

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303 MOTION (Request for Oral Argument), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 07/02/2019)
304 RESPONSE in Opposition re 299 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment (Plaintiffs' Supplement To Their Opposition To Defendant's Motion To Dismiss And Motion For Summary Judgment), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of David J. Leviss, # 2 Exhibit 121, # 3 Exhibit 122)(Leviss, David) (Entered: 07/12/2019)
305 REPLY in Support of Motion re 299 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 30, Decl. of Scott Abrahims, # 2 Exhibit A, Cumberland purchasing documents, # 3 Exhibit B, Halal program roster, # 4 Exhibit C, Kugler email re: Halal program)(Woods, Shelese) (Entered: 07/15/2019)
306 BRIEF/MEMORANDUM in Support re 302 MOTION to Maintain Document Under Seal 301 SEALED Response to Motion , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 108 (redacted), # 2 Exhibit 110 (redacted), # 3 Exhibit 112 (redacted), # 4 Exhibit 113 (redacted), # 5 Exhibit 114 (redacted), # 6 Exhibit 116 (redacted), # 7 Exhibit 117 (redacted))(Woods, Shelese) (Entered: 07/16/2019)
307 MOTION for Continuance of Trial, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 07/17/2019)
308 RESPONSE to Motion re 307 MOTION for Continuance of Trial (Response in Support of Defendant's Motion to Continue Trial Date), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Leviss, David) (Entered: 07/18/2019)
309 ORDER - This matter having come before the Court on the Defendant's Motion to Continue Trial Date. 307 The Court, being duly advised, now grants the motion. Accordingly, the August 7, 2019, Final Pre-Trial Conference and the September 16, 2019, trial dates are VACATED. The final Pre-Trial Conference and Trial will be reset by separate order. Signed by Judge Jane Magnus-Stinson on 7/19/2019.(RSF) (Entered: 07/19/2019)
310 ORDER ON 302 MOTION TO SEAL - The Clerk is directed to UNSEAL Docket Nos. 301, 301-1, 301-4, and 301-8. In addition, Docket Nos. 301-2, 301-3, 301-6, 301-12, 301-15, 301-16, and 301-17, which were not the subject of the motion to seal, were inadvertently placed under seal and those documents should be UNSEALED as well. As those

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docket entries contain no confidential information, Docket Nos. 301-5, 301-7, 301-9, 301-10, 301-11, 301-13, and 301-14 are also UNSEALED. The Court notes that Defendant submitted redacted copies of Exhibit Nos. 108, 110, 112, 113, 114, 116, and 117. (Dkts. 306-1 through 306-7.) If those redacted versions convey sufficient information to support Plaintiffs' brief, then on or before September 30, 2019, Plaintiffs shall so notify the Court and the Court will consider the redacted version in ruling on the motion to dismiss. Otherwise, on or before that same date, Plaintiffs must file the actual exhibits with a new motion to seal, at which time the Court can consider whether those documents may be properly placed under seal; in the event the sealed exhibits are filed, the Court will consider Defendant's already submitted brief--Docket No. 306 --in ruling on the renewed motion to seal. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 9/16/2019. (LBT) (Entered: 09/16/2019)
311 MOTION to Withdraw Attorney Appearance of Carolyn Appel, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2019)
312 MOTION to Withdraw Attorney Appearance of John P. McDermott, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2019)
313 MOTION to Withdraw Attorney Appearance of Lindsey R. Love, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 09/25/2019)
314 ORDER granting 311 Motion to Withdraw Attorney Appearance. Attorney Carolyn Appel withdrawn. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2019. (JRB) (Entered: 09/27/2019)
315 ORDER granting 312 Motion to Withdraw Attorney Appearance. Attorney John P. McDermott withdrawn. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2019. (JRB) (Entered: 09/27/2019)
316 ORDER granting 313 Motion to Withdraw Attorney Appearance. Attorney Lindsey R. Love withdrawn. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2019. (JRB) (Entered: 09/27/2019)
317 SEALED Exhibits to Declaration of David J. Leviss in Support of Motion to Seal, re 310 Order on Motion to Seal/Maintain Under Seal Document, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit 110 - SEALED BOP044644-46, # 2 Exhibit 112 - SEALED - BOP043970, # 3 Exhibit

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113 - SEALED - BOP041271, # 4 Exhibit 114 - SEALED - BOP042152, # 5 Exhibit 116 - SEALED - BOP044653-044654, # 6 Exhibit 117 SEALED - BOP044839)(Leviss, David) (Entered: 09/30/2019)
318 MOTION to Maintain Document Under Seal 317 SEALED Document (Case Participants - doc) , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 09/30/2019)
319 RESPONSE to Motion re 318 MOTION to Maintain Document Under Seal 317 SEALED Document (Case Participants - doc) , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 10/10/2019)
320 ORDER granting 318 Motion to Maintain Document 317 Under Seal The Clerk is directed to PERMANENTLY SEAL Docket Nos. 317-1 through 317-6. Additionally, the Clerk is directed to UNSEAL Docket No. 317 twenty-one days from the date of this order, absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or a further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 10/18/2019. (JRB) (Entered: 10/18/2019)
321 ORDER SETTING TELEPHONE STATUS CONFERENCE - The above cause is set for an attorney only telephonic status conference on February 21, 2020 at 10:00 a.m. (Eastern). Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Judge Jane Magnus-Stinson on 2/10/2020.(JDH) (Entered: 02/10/2020)
323 MINUTE ORDER for proceedings held before Judge Jane MagnusStinson: On February 21, 2020, the Court held a telephonic status conference in this matter. Plaintiffs were present by counsel Scott Hammack, Bradley Garcia, Sergei Zaslavsky and David Leviss. Defendant was present by counsel Shelese Woods. The Court Reporter was Jean Knepley.The parties reported progress toward settlement such that outstanding motions need not be addressed by the Court. The motions found at dkt. 299 and 303 are therefore denied without prejudice. The Court orders the parties to file a status report within 28 days outlining any remaining steps needed to resolve the case. Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 02/21/2020)
324 NOTICE , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP) (Woods, Shelese) (Entered: 03/20/2020)
325 MARGINAL ENTRY, re 324 JOINT NOTICE TO COURT - The parties shall report the status of settlement on or before April 23, 2020, and if a settlement agreement has not been finalized, so notify the court. Signed by Judge Jane Magnus-Stinson on 3/23/2020.(KAA) Modified on

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3/24/2020 to correct name of signing Judge (KAA). (Entered: 03/23/2020)
326 NOTICE TO COURT (JOINT), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON (Leviss, David) (Entered: 04/23/2020)
327 MARGINAL ENTRY on 326 Notice to the Court - The parties shall report the status of settlement on or before May 24, 2020, and if a settlement agreement has not been finalized, so notify the court 326 . Signed by Judge Jane Magnus-Stinson on 4/24/2020.(JRB) (Entered: 04/24/2020)
328 NOTICE /Joint Notice to the Court, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON (Leviss, David) (Entered: 05/22/2020)
329 MARGINAL ENTRY - Report acknowledged 328 . The Court appreciates the parties efforts to resolve all issues including fees. The parties shall file an additional status report no later than July 24, 2020. Signed by Judge Jane Magnus-Stinson on 5/26/2020.(KAA) (Entered: 05/26/2020)
330 STIPULATION of Dismissal , as to Plaintiffs MARK CRENSHAW, BRIAN CARR, TRONE KENT, JOHN WILSON, Defendant FEDERAL BUREAU OF PRISONS (BOP), filed by MARK CRENSHAW, BRIAN CARR, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 06/02/2020)
331 Joint MOTION for Extension of Time to File Any Motion for an Award of Fees or Costs under Rule 54(d) to Sixty Days after Entry of Judgment, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 06/02/2020)
332 ORDER - 331 Joint MOTION for Extension of Time to File Any Motion for an Award of Fees or Costs under Rule 54(d) to Sixty Days after Entry of Judgment is GRANTED. This case is hereby extended to sixty days after entry of judgment/stipulation of dismissal. Signed by Judge Jane Magnus-Stinson on 6/3/2020. (TMC) (Entered: 06/03/2020)
333 CLOSED DISMISSED - The Court, having reviewed the Parties proposed Stipulation of Dismissal, hereby dismisses this cause against the Defendant without prejudice 330 . The Court retains jurisdiction to enforce the terms of the Settlement Agreement between the Parties and to address any motion forattorneys fees and costs filed by the Plaintiffs. The parties have waived their rights under Federal Rule of Civil Procedure 65(d) to the extent Rule 65(d) requires the Courts dismissal order to be specific in terms or to describe in reasonable detail and without reference

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to the Settlement Agreement, the act or acts to be restrained. Signed by Judge Jane Magnus-Stinson on 6/3/2020.(TMC) (Entered: 06/03/2020)
334 Joint MOTION for Extension of Time to September 2, 2020 (Second), filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 07/24/2020)
335 SCHEDULING ORDER: Telephonic Hearing set for 8/3/2020 at 1:00 PM (Eastern Time) re 334 Second Joint Motion for Extension of Deadline. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 7/30/2020. (GD) (Entered: 07/30/2020)
337 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Hearing held on 8/3/2020 re parties' 334 Second Joint Motion for Extension of Deadline to file any motion for award of fees & costs. Following discussion, Court hereby GRANTS motion. Plaintiffs shall file any motion for award & fees or costs under Rule 54(d) on or before 9/2/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/04/2020)
338 MOTION for Attorney Fees and Costs, filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Declaration of Scott Hammack, # 2 Declaration of David J. Leviss, # 3 Exhibit A - Settlement Agreement, # 4 Exhibit B - Engagement Letters, # 5 Exhibit C - Timekeeping Records, # 6 Exhibit D - Itemizing Costs for Research Services, # 7 Exhibit E - Bill of Costs, # 8 Exhibit E1 - Itemizing Costs, # 9 Exhibit E2 - Receipts, # 10 Text of Proposed Order)(Leviss, David) (Entered: 09/02/2020)
339 NOTICE of Parties' First Extension of Time, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Woods, Shelese) (Entered: 09/15/2020)
340 RESPONSE in Opposition re 338 MOTION for Attorney Fees and Costs , filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Exhibit 1, FY 2016 Halal Menu, # 2 Exhibit 2, Ajaj Findings and Conclusions, # 3 Exhibit 3, Ajaj Kugler Trans., # 4 Exhibit 4, Carr History, # 5 Exhibit 5, Kent History, # 6 Exhibit 6, Wilson History, # 7 Exhibit 7, Crenshaw History, # 8 Exhibit 8, Ajaj Order on Post-Trial Motions, # 9 Exhibit 9, Ajaj Settlement Agreement)(Woods, Shelese) Modified on 10/13/2020 (KAA). (Entered: 10/09/2020)
341 Unopposed MOTION for Extension of Time to File Reply to October 28, 2020 re 338 MOTION for Attorney Fees and Costs , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Text of Proposed Order)(Leviss, David) (Entered: 10/09/2020)

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342 MOTION to Seal Document 340 Response in Opposition to Motion Ex. 9, ECF No. 340-9, filed by Defendant FEDERAL BUREAU OF PRISONS (BOP). (Attachments: # 1 Text of Proposed Order, # 2 Exhibit redacted version of Ajaj Settlement Agreement)(Woods, Shelese) (Entered: 10/10/2020)
343 ORDER ON UNOPPOSED MOTION FOR EXTENSION granting 341 Motion for Extension of Time re 338 MOTION for Attorney Fees and Costs. The deadline for Plaintiffs to file any reply in support of their Motion for Attorney's Fees and Costs is hereby extended to October 28, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 10/14/2020. (KAA) (Entered: 10/15/2020)
344 ORDER granting 342 Motion to Maintain Document Under Seal. It is hereby ORDERED that Docket No. [340-9] will be placed and maintained UNDER SEAL. The redacted version of Docket No. 340-9 is filed at Docket No. [342-2]. Signed by Magistrate Judge Mark J. Dinsmore on 10/14/2020. (KAA) (Entered: 10/15/2020)
345 REPLY in Support of Motion re 338 MOTION for Attorney Fees and Costs , filed by Plaintiffs BRIAN CARR, MARK CRENSHAW, TRONE KENT, JOHN WILSON. (Attachments: # 1 Exhibit F - Addendum to Joint Motion to Approve Settlement, Cunningham, Dkt. 382-1 at 38)(Leviss, David) (Entered: 10/28/2020)
346 ORDER REFERRING MOTION - On September 2, 2020, Plaintiffs filed a Motion for Attorney Fees and Costs, dkt. 338 . United States Magistrate Judge Mark Dinsmore is hereby designated pursuant to 28 U.S.C. § 636(b)(1)(B) to conduct any necessary hearings and issue a report and recommendation regarding the proper disposition of the Motion for Attorney Fees and Costs. Signed by Judge Jane Magnus-Stinson on 11/13/2020.(KAA) Modified on 11/16/2020 Order emailed to MJ (KAA). (Entered: 11/13/2020)

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