Case 3:06-cv-00070-KKC Document 1 Filed 10/12/2006 Page 1 of 9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
FRANKFORT DIVISION [FILED ELECTRONICALLY]

GARY MUMPHREY, Individually

)

and on behalf of all others similarly

)

situated,

)

PLAINTIFF

)

~

)

)

SHELBYCOUNT~KENTUCKY

)

SERVE: County Judge/

)

Executive

)

Rob Rothenburger

)

501 Main Street

)

Shelbyville, KY 40065 )

-AND-

)

)

BOBBY WAITS, Individually and

)

in his official capacity as the

)

Shelby County Jailer

)

1000 Detention Road

)

Shelbyville, KY 40065

)

)

-AND-

)

)

JOHN and JANE DOES, Nos. 1, 2 and 3, )

Individually and in their official capacity )

as medical profeSSionals, officers and

)

employees of the Laurel County

)

Detention Center,

)

)

DEFENDANTS.

)

CIVIL ACTION NO. _ _ __

CLASS ACTION COMPLAINT

I. Introduction

1. Plaintiff Gary Mumphrey files this action in his individual capacity and on behalf of

all persons who, while incarcerated at the Shelby County Detention Center ("the Jail") have acquired

infectious diseases, such as methicillin-resistant staphylococcus aureus ("MRSA").

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2. On information and belief, numerous inmates of the Jail have been infected with infectious diseases such as MRSA as a consequence of Defendants' abject failure to protect such inmates, and their neglect and deliberate indifference. There are questions of law and fact in this case that are common to all of such inmates. Plaintiff s claims are typical of those of the class, and he will fairly and adequately protect the interests of the class.
II. Jurisdiction and Venue 3. Plaintiff, and all others similarly situated, seek actual and punitive damages from Defendants under the Civil Rights Act of 1871,42 U.S.c. §1983, for gross and unconscionable violations of the rights, privileges and immunities guaranteed them by the Eighth and Fourteenth Amendments to the Constitution of the United States. Accordingly, this Court has jurisdiction of this case pursuant to the provisions of 28 U.S.C. §1331 and §1343. Plaintiff and the other members of his class also seek declaratory and injunctive relief, as well as damages under the pendent jurisdiction of this Court, for negligence, gross negligence and intentional infliction of emotional distress. As Shelby County, Kentucky is the residence of all Defendants to this action and the location of all acts pertinent to this suit, venue is proper in this Court.
III. Class Action 4. Plaintiff brings this action as a class action pursuant to Rules 23(b)(I), (2) and (3) of the Federal Rules of Civil Procedure. The class consists of all persons who, while incarcerated at the Jail, have acquired infectious diseases such as MRSA as a consequence of Defendants' failure to protect such inmates and their neglect and deliberate indifference. 5. Plaintiff will fairly and adequately protect the interests of all class members. He is a member of the class and his claims are typical of the claims of all class members. Plaintiff will aggressively pursue the interests of the entirety of the class. Plaintiffs interest in obtaining
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injunctive relief and actual and punitive damages for the violations of his constitutional rights and privileges are consistent with and not antagonistic of those of any other person within his class.
6. Given the circumstances of his incarceration, as detailed below, Plaintiff alleges that Defendants have a policy, custom and/or practice of failing to protect inmates from conditions that foster and persons that have infectious diseases such as MRSA, incarcerating inmates with infected persons without such inmates' knowledge, and failing to train Jail employees or inmates or establish or require adherence to policies, customs and practices to prevent conditions that foster the growth and spread of the disease and to prevent inmates from contracting the disease.
7. Such conduct violates such inmates' rights under the Eighth and Fourteenth Amendments to the Constitution of the United States, and 42 U.S.C. §1983. The only question that remains to be resolved is whether Plaintiff and the members of the class are entitled to declaratory and injunctive relief, or to an award of compensatory and punitive damages and, if so, the extent of such an award.
8. A class action is superior to other available methods for the fair and efficient adjudication of this controversy because:
a. A multiplicity of suits with consequent burden on the courts and Defendants should be avoided.
b. It may be virtually impossible for all class members to intervene as parties-plaintiff in this action.
c. Upon adjudication of Defendants' liability, claims ofthe class members can be determined by this Court. IV. Parties
9. Plaintiff is a resident of Shelby County, Kentucky. 10. Defendant, Shelby County, at all times mentioned herein, was responsible (a) for the conditions in the Shelby County Detention Center, (b) for the establishment of policies either
3

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formally or by custom and practice for, and for the employment, training, supervision and conduct of, the officers and employees of the Shelby County Detention Center.
11. Defendant, Bobby Waits, Jailer of Shelby County, was responsible (a) for the conditions in the Shelby County Detention Center, (b) for the establishment of policies either formally or by custom and practice for, and for the employment, training, supervision and conduct of, the officers and employees of the Shelby County Detention Center. In addition, Defendant Sizemore may also have participated in the mistreatment of Plaintiff described below individually and/or in his official capacity.
12. Defendants John and Jane Does Nos. 1,2 and 3, identities presently unknown, were at all times mentioned herein medical professionals, officers and/or employees of the Jail (a) directly responsible for (i) the care and custody of Plaintiff, (ii) the conditions of the Jail, and (iii) the policies, customs and practices pertaining thereto, and (b) who participated in the mistreatment of Plaintiff described below individually and/or in their official capacities.
v. Nature of Defendants' Conduct
13. Defendants, individually and in conspiracy with one another, engaged in the conduct described below under color of the law of the Commonwealth of Kentucky and Shelby County. The offenses described below resulted from the failure of Defendants to employ qualified persons for positions of authority, and/or to properly or conscientiously train and supervise the conduct of such persons after their employment, and/or to properly fund ongoing Jail operations, and/or to promulgate appropriate operating policies and procedures either formally or by custom and practice to protect the constitutional rights of the citizens of the Commonwealth of Kentucky. Defendants' conduct was intentional or grossly negligent, and was indicative not only of deliberate indifference to, but active malice and a total and reckless disregard for the constitutional and common law rights
4

..: ;.
Case 3:06-cv-00070-KKC Document 1 Filed 10/12/L006 Page 5 of 9
of Plaintiff and the class, justifying an award of punitive damages in addition to the actual damages which Plaintiff and the class are entitled to recover.
VI. Facts 14. Originally built to house 118 inmates, the Shelby County Detention Center in the fiscal year ending June 30,2005 imprisoned, on a daily average, 146 people, 124% of its designed capacity. The excess was composed entirely of state inmates, for which Laurel County was paid a per diem of $30.51 per day per inmate by the Commonwealth of Kentucky. 15. The Shelby County Detention Center is habitually overcrowded. The consequent and entirely too predictable result is the policy, custom and practice of Defendants of ignoring adverse jail conditions that foster the growth and spread of infectious disease. Plaintiff Gary Mumphrey, a citizen of this Commonwealth, entered this environment on June 2,2005, to serve a sentence for expired license tags and for having no car insurance. 16. In the course and as a result of his incarceration in the Jail, Plaintiff acquired MRSA, a flesh-eating, penicillin-resistant bacteria. MRSA is contagious and can be chronic, painful and disfiguring. Once acquired, it can be transmitted to loved ones, fellow employees, customers and other persons with whom an infected individual is in close contact unless serious precautions are taken. MRSA can have an extremely damaging impact upon an individual's health, employability, insurability and relations with loved ones. Other inmates who were incarcerated with Plaintiff acquired MRSA, as well. At present, no reasonable estimation can be made of the number of persons incarcerated at the Jail who have become infected with MRSA as a result of Defendants' conduct. 17. Defendants have failed to institute policies, customs or practices, or to employ qualified persons, or to properly train Jail employees:
5

Case 3:06-cv-000 70-KKC Document 1 Filed 10/12/2U06 Page 6 of 9
(a) to prevent or alleviate conditions in the Jail that foster and propagate infectious diseases; and
(b) to diagnose MRSA or other infectious diseases, to deal with infected inmates, or to prevent other inmates from contracting such diseases.
18. Defendants, as a consequence oftheir deliberate indifference to the health and welfare of Plaintiff and the class, not to mention their Eighth and Fourteenth Amendment rights, failed to protect Plaintiff and the class from infectious diseases, and exposed them to MRSA and other infectious diseases, all in violation of clearly-established constitutional rights. It was unconscionable and outrageous for Defendants to, among other things, to incarcerate Plaintiff in conditions and with inmates infected with MRSA, and to not provide Plaintiff with any warning or training in steps necessary to avoid acquiring MRSA.
VIT. Causes of Action A. CountI
19. Paragraphs 1-18 above are incorporated herein by reference and made this Paragraph 19.
20. Plaintiffs and the class' treatment at the Jail, and the Jail's conditions, described above, were the result of a continuing pattern of misconduct and is the result of policies, procedures, customs and practices of Shelby County, either written or unwritten, that are systematically applied to the Shelby County Detention Center and whenever an individual is incarcerated at the Jail, including but not limited to the persistent practice of overcrowding the Jail. Such practices constitute an arbitrary use of government power, and evince a total, intentional and unreasonable disregard for and deliberate indifference to the health, well-being and constitutional and common law rights of persons incarcerated at the Jail, including Plaintiff and the members of the class, and
6

Case 3:06-cv-00010-KKC Document 1 Filed 10/12/2u06 Page 7 of 9
the wholesale violations of those rights likely to result from the systematic pursuit of such policies, customs and practices.
21. As a result of the foregoing, Plaintiff and his class, through Defendants' failure to protect, and their deliberate indifference and intentional or grossly negligent conduct, were deprived without due process of law of their right not to be subjected to cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution in violation of the Civil Rights Act of 1871, 42 U.S.C. §1983.
22. Moreover, given the pre-existing law that clearly prohibited Defendants' conduct, Defendants' treatment of Plaintiff and the members of his classes were intentional, wanton and malicious, and were indicative of Defendants' total and reckless disregard of and deliberate indifference to the rights of, and rise of harm to, Plaintiff and the other members of the classes.
B. CountII 23. Paragraphs 1-22 above are incorporated herein by reference and made this Paragraph 23. 24. The injuries to Plaintiff and the classes were the result of Defendants' conscious, knowing and wilful violation of applicable provisions of Kentucky's Constitution, laws and regulations, including but not limited to Title 501 KAR Chapter 3.
C. CountIII 25. Paragraphs 1-24 above are incorporated herein by reference and made this Paragraph 25. 26. By virtue of the foregoing, Defendants, without justification, negligently or intentionally inflicted upon Plaintiff and the class severe mental and emotional distress.
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Case 3:06-cv-OOO 10-KKC Document 1 Filed 10/121LU06 Page 8 of 9
D. CountIV 27. Paragraphs 1-26 above are incorporated herein by reference and made this Paragraph 27. 28. By virtue of the foregoing, Defendants were negligent and grossly negligent, and violated the standards applicable to their professions, all to the damage of the Plaintiff and the class.
VIII. Damages 29. Paragraphs 1-28 above are incorporated herein by reference and made this Paragraph 29. 30. As a consequence of Defendants' wrongful conduct, Plaintiff and the members ofthe class have been infected with diseases that will have a substantial and deleterious impact on their health, their employment, their insurability, and their relations with their loved ones. 31. As a result of the foregoing, Plaintiff and the members of the classes have sustained medical expenses and lost wages, past and future, experienced unnecessary pain, suffering and disfigurement and severe and unjustified mental and emotional distress, and are entitled to recover actual damages. Furthermore, Defendants' violations of the constitutional and common law rights of the Plaintiff and the class were knowing, intentional, cruel, malicious and evinced a total and reckless disregard for the rights of Plaintiff and the classes entitling them to recover punitive damages from Defendants in order to deter such conduct in the future.
IX. Declaratory Judgment and Permanent Injunction 32. Paragraphs 1-31 above are incorporated herein by reference and made this Paragraph 32. 33. In addition to the foregoing, Plaintiff and the class request that this Court issue a declaratory judgment deeming unconstitutional any and all ordinances, regulations, policies,
8

Case 3:06-cv-00tifO-KKC Document 1 Filed 10/121Lu06 Page 9 of 9
procedures, customs or practices which resulted in their incarceration under conditions in which they could acquire infectious diseases, and further request that this Court permanently order Defendants to refrain from following or enforcing such ordinances, regulations, policies, procedures, customs or usages, to conform their conduct to the requisites of the Constitutions of the United States and Kentucky, and to applicable Kentucky laws and regulations, and to alleviate all jail conditions that contributed to the damages sustained by Plaintiff and the classes.
WHEREFORE, Plaintiff and the class he represents request (a) that this action proceed as a class action under Fed. R. Civ. P. 23 and (b) a trial by jury, and further request that he and all members of the class (c) be awarded actual and punitive damages, (d) be granted the declaratory and injunctive relief requested herein, and (e) be awarded all costs, attorney fees, pre- and postjudgment interest and all other relief to which they are entitled.
Respectfully submitted, DINSMORE & SHOHL LLP
lsI Gregory A. Belzley Gregory A. Belzley 1400 PNC Plaza 500 West Jefferson Street Louisville, Kentucky 40202 (502) 540-2300 Telephone (502) 585-2207 Facsimile Counsel for Plaintiff
106096vl
9

 
 Case: 3:06-cv-00070-KKC-EBA Doc #: 71 Filed: 05/29/09 Page: 1 of 9 - Page ID#: 415

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at FRANKFORT
[Filed Electronically]

Christopher Bagshaw, Barry Chesser, William Farris, Tony Huff, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Mumphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, and ANTHONY MANNING, JEFFERY PERRY, PAULINIA REECE, and JAMES ROSE,
PLAINTIFFS v.
SHELBY COUNTY, KENTUCKY, et al.,
DEFENDANTS.

) ) ) ) ) ) ) ) C. A. NO. 3:06-CV-070-KKC ) ) ) ) ) ) ) ) ) ) )

SECOND AMENDED COMPLAINT

I. Introduction

1. Plaintiffs, while incarcerated at the Shelby County Detention Center (“the

Jail”), all acquired infectious diseases, such as methicillin-resistant staphylococcus aureus

(“MRSA”).

2. On information and belief, numerous inmates of the Jail have been infected

with infectious diseases such as MRSA as a consequence of Defendants’ abject failure to

protect such inmates, and their neglect and deliberate indifference. Plaintiffs anticipate

subsequent amendments to this complaint to add additional plaintiffs having similar claims

against Defendants.

Case: 3:06-cv-00070-KKC-EBA Doc #: 71 Filed: 05/29/09 Page: 2 of 9 - Page ID#: 416
II. Jurisdiction and Venue 3. Plaintiffs seek actual and punitive damages from Defendants under the Civil Rights Act of 1871, 42 U.S.C. §1983, for gross and unconscionable violations of the rights, privileges and immunities guaranteed them by the Eighth and Fourteenth Amendments to the Constitution of the United States. Accordingly, this Court has jurisdiction of this case pursuant to the provisions of 28 U.S.C. §1331 and §1343. Plaintiffs also seek declaratory and injunctive relief, as well as damages under the pendent jurisdiction of this Court, for negligence, gross negligence and intentional infliction of emotional distress. As Shelby County, Kentucky is the residence of all Defendants to this action and the location of all acts pertinent to this suit, venue is proper in this Court.
III. Parties 4. Plaintiffs were all formerly inmates of the Shelby County Detention Center. 5. Defendant, Shelby County, at all times mentioned herein, was responsible (a) for the conditions in the Shelby County Detention Center, (b) for the establishment of policies either formally or by custom and practice for, and (c) for the employment, training, supervision and conduct of, the officers and employees of the Shelby County Detention Center. 6. Defendant, Bobby Waits, Jailer of Shelby County, was responsible (a) for the conditions in the Shelby County Detention Center, (b) for the establishment of policies either formally or by custom and practice for, and (c) for the employment, training, supervision and conduct of, the officers and employees of the Shelby County Detention
2

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Center. In addition, Defendant Sizemore may also have participated in the mistreatment of Plaintiffs described below individually and/or in his official capacity.
7. Defendants John and Jane Does Nos. 1, 2 and 3, identities presently unknown, were at all times mentioned herein medical professionals, officers and/or employees of the Jail (a) directly responsible for (i) the care and custody of Plaintiffs, (ii) the conditions of the Jail, and (iii) the policies, customs and practices pertaining thereto, and (b) who participated in the mistreatment of Plaintiffs described below individually and/or in their official capacities.
IV. Nature of Defendants’ Conduct 8. Defendants, individually and in conspiracy with one another, engaged in the conduct described below under color of the law of the Commonwealth of Kentucky and Shelby County. The offenses described below resulted from the failure of Defendants to employ qualified persons for positions of authority, and/or to properly or conscientiously train and supervise the conduct of such persons after their employment, and/or to properly fund ongoing Jail operations, and/or to promulgate appropriate operating policies and procedures either formally or by custom and practice to protect the constitutional rights of the citizens of the Commonwealth of Kentucky. Defendants’ conduct was intentional or grossly negligent, and was indicative not only of deliberate indifference to, but active malice and a total and reckless disregard for the constitutional and common law rights of Plaintiffs, justifying an award of punitive damages in addition to the actual damages which Plaintiffs are entitled to recover.
3

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V. Facts 9. Originally built to house 118 inmates, the Shelby County Detention Center in the fiscal year ending June 30, 2005 imprisoned, on a daily average, 146 people, 124% of its designed capacity. The excess was composed entirely of state inmates, for which Shelby County was paid a per diem of $30.51 per day per inmate by the Commonwealth of Kentucky. 10. The Shelby County Detention Center, during Plaintiffs incarceration, was therefore habitually overcrowded. The consequent and entirely too predictable result was the policy, custom and practice of Defendants of ignoring adverse jail conditions that fostered the growth and spread of infectious disease. 11. In the course and as a result of their incarceration in the Jail, and Defendants' failure to protect them and deliberate indifference to their health and medical needs, Plaintiffs acquired MRSA, a flesh-eating, penicillin-resistant bacteria. MRSA is contagious and can be chronic, painful and disfiguring. Once acquired, it can be transmitted to loved ones, fellow employees, customers and other persons with whom an infected individual is in close contact unless serious precautions are taken. MRSA can have an extremely damaging impact upon an individual’s health, employability, insurability and relations with loved ones. Other inmates who were incarcerated with Plaintiffs acquired MRSA, as well. At present, no reasonable estimation can be made of the number of persons incarcerated at the Jail who have become infected with MRSA as a result of Defendants’ conduct. 12. Plaintiffs all acquired MRSA as a consequence of Defendants' failure to institute policies, customs or practices, or to employ qualified persons, or to properly train Jail employees:
4

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(a) to prevent or alleviate conditions in the Jail, such as overcrowding, that foster and propagate infectious diseases; and
(b) to diagnose MRSA or other infectious diseases, to deal with or isolate infected inmates from healthy ones, or to prevent other inmates from contracting such diseases by educating them concerning such diseases and methods for avoiding infection and transmission.
13. Defendants, as a consequence of their deliberate indifference to the health and welfare of Plaintiffs, not to mention their Eighth and Fourteenth Amendment rights, failed to protect Plaintiffs from infectious diseases, and exposed them to MRSA and other infectious diseases, all in violation of clearly-established constitutional rights. It was unconscionable and outrageous for Defendants, among other things, to incarcerate Plaintiffs in conditions and with inmates infected with MRSA, and to not provide Plaintiffs with any warning or training in steps necessary to avoid acquiring or transmitting MRSA.
VI. Causes of Action A. Count I
14. Paragraphs 1-13 above are incorporated herein by reference and made this Paragraph 14.
15. Plaintiffs' treatment at the Jail, and the Jail's conditions, described above, were the result of a continuing pattern of misconduct and is the result of policies, procedures, customs and practices of Shelby County, either written or unwritten, that are systematically applied to the Shelby County Detention Center and whenever an individual is incarcerated at the Jail, including but not limited to the persistent practice of overcrowding the Jail. Such practices constitute an arbitrary use of government power, and
5

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evince a total, intentional and unreasonable disregard for and deliberate indifference to the health, well-being and constitutional and common law rights of persons incarcerated at the Jail, including Plaintiffs, and the wholesale violations of those rights likely to result from the systematic pursuit of such policies, customs and practices.
16. As a result of the foregoing, Plaintiffs, through Defendants’ failure to protect, and their deliberate indifference and intentional or grossly negligent conduct, were deprived without due process of law of their right not to be subjected to cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution in violation of the Civil Rights Act of 1871, 42 U.S.C. §1983.
17. Moreover, given the pre-existing law that clearly prohibited Defendants’ conduct, Defendants’ treatment of Plaintiffs was intentional, wanton and malicious, and was indicative of Defendants’ total and reckless disregard of and deliberate indifference to the rights of, and rise of harm to, Plaintiffs.
B. Count II 18. Paragraphs 1-17 above are incorporated herein by reference and made this Paragraph 18. 19. The injuries to Plaintiffs were the result of Defendants' conscious, knowing and wilful violation of applicable provisions of Kentucky's Constitution, laws and regulations, including but not limited to Title 501 KAR Chapter 3.
C. Count III 20. Paragraphs 1-19 above are incorporated herein by reference and made this Paragraph 20.
6

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21. By virtue of the foregoing, Defendants, without justification, negligently or intentionally inflicted upon Plaintiffs severe mental and emotional distress.
D. Count IV 22. Paragraphs 1-21 above are incorporated herein by reference and made this Paragraph 22. 23. By virtue of the foregoing, Defendants were negligent and grossly negligent, and violated the standards applicable to their professions, all to the damage of the Plaintiffs.
VII. Damages 24. Paragraphs 1-23 above are incorporated herein by reference and made this Paragraph 24. 25. As a consequence of Defendants’ wrongful conduct, Plaintiffs have been infected with diseases that have had and will have a substantial and deleterious impact on their health, their employment, their insurability, and their relations with their loved ones. 26. As a result of the foregoing, Plaintiffs have sustained medical expenses and lost wages, past and future, experienced unnecessary pain, suffering and disfigurement and severe and unjustified mental and emotional distress, and are entitled to recover actual damages. Furthermore, Defendants’ violations of the constitutional and common law rights of the Plaintiffs were knowing, intentional, cruel, malicious and evinced a total and reckless disregard for the rights of Plaintiffs entitling them to recover punitive damages from Defendants in order to deter such conduct in the future.
7

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VIII. Declaratory Judgment and Permanent Injunction 27. Paragraphs 1-26 above are incorporated herein by reference and made this Paragraph 27. 28. In addition to the foregoing, Plaintiffs request that this Court issue a declaratory judgment deeming unconstitutional any and all ordinances, regulations, policies, procedures, customs or practices which resulted in their incarceration under conditions in which they could acquire infectious diseases, and further request that this Court permanently order Defendants to refrain from following or enforcing such ordinances, regulations, policies, procedures, customs or usages, to conform their conduct to the requisites of the Constitutions of the United States and Kentucky, and to applicable Kentucky laws and regulations, and to alleviate all jail conditions that contributed to the damages sustained by Plaintiffs. WHEREFORE, Plaintiffs request (a) a trial by jury, and further request that they (b) be awarded actual and punitive damages, (c) be granted the declaratory and injunctive relief requested herein, and (d) be awarded all costs, attorney fees, pre- and post-judgment interest and all other relief to which they are entitled.
Respectfully submitted, DINSMORE & SHOHL LLP /s/ Gregory A. Belzley____________ Gregory A. Belzley 1400 PNC Plaza 500 West Jefferson Street Louisville, Kentucky 40202 (502) 540-2300 Telephone (502) 585-2207 Facsimile Counsel for Plaintiff
8

Case: 3:06-cv-00070-KKC-EBA Doc #: 71 Filed: 05/29/09 Page: 9 of 9 - Page ID#: 423 CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was on this 27th day of May, 2009, filed through the ECF system, which will send a notice of electronic filing to: Scott Karem Sitlinger, McGlincy, Theiler & Karem 455 S. 4th Street Louisville, Ky 40202 Stacey A. Blankenship DENTON & KEULER P. O. Box 929 Paducah, KY 42002-0929
/s/ Gregory A. Belzley______________ Counsel for Plaintiff
146046_1
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 Case: 3:06-cv-00070-KKC-EBA Doc #: 104 Filed: 05/25/10 Page: 1 of 1 - Page ID#: 509

124749

ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION CIVIL ACTION NO. 3:06-CV-70-KKC

GARY MUMPHREY, et al.,

PLAINTIFF

S

v.

ORDER OF DISMISSAL

SHELBY COUNTY, et al.,

DEFENDANTS

Defendants having filed a Motion to Dismiss the claims of Dennis Rogers; and the Court now being otherwise sufficiently advised;
IT IS HEREBY ORDERED AND ADJUDGED that Defendants’ motion is GRANTED, and the claims of Dennis Rogers are hereby DISMISSED with prejudice.

CC: Parties

May 25, 2010

 
 Case: 3:06-cv-00070-KKC-EBA Doc #: 121 Filed: 01/07/11 Page: 1 of 1 - Page ID#: 546

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at FRANKFORT

CIVIL ACTION NO. 3:06-70

GARY MUMPHREY, Individually and on behalf of all others similarly situated,

PLAINTIFF

v.

ORDER

SHELBY COUNTY, KENTUCKY, et al.,

DEFENDANTS

* * * * * * * * *

The Defendants having filed a Motion for Entry of Order of Dismissal as to the

claims of Gary Mumphrey, Tony Huff, Anthony Manning, Elvin Noble, Alfred Perry,

Jeffery Perry and David Settles; and the Court now being otherwise sufficiently advised;

IT IS HEREBY ORDERED AND ADJUDGED that the Defendants’ motion is

GRANTED, and the claims of Gary Mumphrey, Tony Huff, Anthony Manning, Elvin

Noble, Alfred Perry, Jeffery Perry and David Settles are hereby DISMISSED with

prejudice.

Having disposed of all claims, the Complaint in this case is hereby dismissed with

prejudice. The Court further ORDERS that this action is STRICKEN from the active

docket of this Court. Dated this 7th day of January, 2011.

 
 CLOSED,PROTO,REFER
U.S. District Court Eastern District of Kentucky (Frankfort) CIVIL DOCKET FOR CASE #: 3:06−cv−00070−KKC−EBA

Mumphrey v. Shelby County, Kentucky et al Assigned to: Judge Karen K. Caldwell Referred to: Magistrate Judge Edward B Atkins Cause: 42:1983 Civil Rights Act
Plaintiff
Gary Mumphrey Individually and on behalf of all others similarly situated

Date Filed: 10/12/2006 Date Terminated: 01/07/2011 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Gary Mumphrey 222 Alto Drive Shelbyville, KY 40065 PRO SE

Gregory Allen Belzley P.O. Box 278 Prospect, KY 40059 502−292−2452 Email: gbelzley@aol.com TERMINATED: 08/24/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Christopher Bagshaw TERMINATED: 10/18/2010

represented by Christopher Bagshaw NORTHPOINT TRAINING CENTER Highway 33 Inmate Mail/Parcels P.O. Box 479 Burgin, KY 40310 PRO SE

Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Barry Chesser TERMINATED: 06/09/2010

represented by Barry Chesser 116 Berea Street Apt. D Shelbyville, KY 40071 PRO SE

Gregory Allen Belzley (See above for address) TERMINATED: 05/10/2010 ATTORNEY TO BE NOTICED

Plaintiff Tony Huff

represented by Tony Huff 204 S. Spring Street Greencastle, IN 46135 PRO SE

Gregory Allen Belzley (See above for address)

Plaintiff William Farris TERMINATED: 10/18/2010
Plaintiff Troy Ingram TERMINATED: 10/18/2010
Plaintiff Kenneth Kipp TERMINATED: 10/18/2010
Plaintiff Mark Lefler TERMINATED: 02/09/2010 Plaintiff Norris Martin TERMINATED: 10/18/2010
Plaintiff

TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by William Farris c/o Amanda McLemore 1217 Mary Ross Avenue Shelbyville, KY 40065 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Troy Ingram 363 Oakview Drive Shelbyville, KY 40065 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Kenneth Kipp OXFORD Dorm B1, Cell 143−T FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 1000 OXFORD, WI 53952 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Norris Martin 2703 Armserer Louisville, KY 40218 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by

Richard Metzger TERMINATED: 10/18/2010
Plaintiff Stafford Mitchell TERMINATED: 02/09/2010 Plaintiff Elvin Noble
Plaintiff Alfred Perry
Plaintiff Debra Probus TERMINATED: 10/18/2010
Plaintiff Beata Ray TERMINATED: 10/18/2010

Richard Metzger 1132 Charles Street Louisville, KY 40204 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Elvin Noble 144 Haven Hill Road Apartment 401 Shelbyville, KY 40065 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Alfred Perry KENTUCKY STATE REFORMATORY 3001 W. Highway 146 Inmate Mail/Parcels LaGrange, KY 40032 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Debra Probus #14 Adventure Road Louisville, KY 40216 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Beata Ray 621 Village Lane Shelbyville, KY 40065 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED

Plaintiff Dennis Rogers TERMINATED: 05/25/2010 Plaintiff David Settles
Plaintiff Anthony Manning
Plaintiff Jeffery Perry
Plaintiff Paulinia Reece TERMINATED: 10/18/2010
Plaintiff James Rose TERMINATED: 10/18/2010

represented by Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by David Settles 105 Gumwood Road Middlesboro, KY 40965 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED
represented by Anthony Manning MARSHALL COUNTY DETENTION CENTER 54 Judicial Drive Inmate Mail/Parcels BENTON, KY 42025 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 LEAD ATTORNEY
represented by Jeffery Perry c/o Henderson County Jail 380 Borax Drive Henderson, KY 42420 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 LEAD ATTORNEY
represented by Paulinia Reece 105 Spur Road Vine Grove, KY 40175 PRO SE
Gregory Allen Belzley (See above for address) TERMINATED: 08/24/2010 LEAD ATTORNEY
represented by James Rose 210 Mike Brown Lane Taylorsville, KY 40071 PRO SE
Gregory Allen Belzley

V. Defendant Shelby County, Kentucky
Defendant Bobby Waits Individually and in his official capacity as the Shelby County Jailer
Defendant John and Jane Does Individually and in their official capacity as medical professionals, officers and employees of the Laurel County Detention Center

(See above for address) TERMINATED: 05/10/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Scott Edmund Karem Fore, Miller &Schwartz 200 S. Fifth Street Suite 700 N., First Trust Centre Louisville, KY 40202 502−589−5250 Fax: 502−589−1637 Email: scott@scottkarem.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas R. Moore Denton &Keuler 555 Jefferson Street Suite 301 P.O. Box 929 Paducah, KY 42002−929 270−443−8253 Fax: 270−442−6000 Email: dmoore@dklaw.com
Stacey A. Blankenship Denton &Keuler 555 Jefferson Street Suite 301 P.O. Box 929 Paducah, KY 42002−929 270−443−8253 Fax: 270−442−6000 Email: sblankenship@dklaw.com
represented by Scott Edmund Karem (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas R. Moore (See above for address)
Stacey A. Blankenship (See above for address)
represented by Scott Edmund Karem (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas R. Moore (See above for address) ATTORNEY TO BE NOTICED
Stacey A. Blankenship

Official Defendant
Bobby Waits in his official capacity as the Shelby County Jailer

(See above for address) ATTORNEY TO BE NOTICED
represented by Scott Edmund Karem (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas R. Moore (See above for address) ATTORNEY TO BE NOTICED
Stacey A. Blankenship (See above for address)

Date Filed 10/12/2006 10/13/2006 10/16/2006 10/19/2006 10/19/2006 10/19/2006
10/19/2006 10/19/2006 10/20/2006
11/03/2006

# Docket Text
1 CLASS ACTION COMPLAINT ( Filing fee $350; receipt number 828852), filed by Gary Mumphrey. (Attachments: # 1 Civil Cover Sheet# 2 Summons−Shelby Co, KY# 3 Summons−Waits# 4 Case Assignment Sheet)(AKR) (Entered: 10/13/2006)
2 Summons Issued as to Shelby County, Kentucky, Bobby Waits, Individually, Bobby Waits, Official Dft; issued summons returned to counsel via U.S. Mail, per counsel request. (AKR) (Entered: 10/13/2006)
Conflict Check run. (CBD) (Entered: 10/16/2006)
3 INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Shelby County (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay).(For correct entry see DE 5 ) (Entered: 10/19/2006)
4 INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Bobby Waits (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay). (For correct entry see DE 6 ) (Entered: 10/19/2006)
Clerk's Note: re 4 Certificate of Service, 3 Certificate of Service; atty Gregory Belzley's secretary called &said atty used the event Certificate of Service instead of Summons returned executed as to these 2 entries; I told the secretary the clerk would correct the entries &send the atty a notice &nothing further was required by atty. (KJR) (Entered: 10/19/2006)
5 SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, return receipt requested to Rob Rothenberger, Co Judge Executive, Shelby County, Kentucky served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)
6 SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, Return Receipt Requested to Bobby Waits served on 10/17/2006, answer due 11/6/2006; Bobby Waits, Official Capacity, served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)
NOTICE OF DOCKET MODIFICATION TO G. Belzley, Sr. re 4 Certificate of Service, 3 Certificate of Service ; Error: Attorney incorrectly filed the summons returned executed 3 &4 as "Certificate of Service"; Entry made by attorney; Correction: Clerk has modified the docket text of 3 &4 to state these were incorrectly filed; Clerk has filed the Summons returned executed as 5 &6 respectively; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; No further action required by counsel. cc: COR (AKR) (Entered: 10/20/2006)
7 ANSWER to Complaint with JURY DEMAND by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 11/03/2006)

11/06/2006 11/09/2006 12/08/2006 12/11/2006 12/14/2006
12/14/2006 12/18/2006 01/12/2007 01/30/2007 03/05/2007 03/23/2007 03/23/2007 03/23/2007 03/26/2007 03/26/2007

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 7 Answer to Complaint (JMW) (Entered: 11/06/2006)
8 ORDER FOR MEETING AND REPORT: 1) w/in 21 days parties hold Rule 26 Meeting 2) w/in 10 days thereafter parties file Joint Status Report. Signed by Judge Karen K. Caldwell. (Order for Meeting and Report due by 12/9/2006)(CBD)cc: COR (Entered: 11/09/2006)
9 JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 12/08/2006)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 9 Report of Rule 26(f) Planning Meeting (CBD) (Entered: 12/11/2006)
10 SCHEDULING ORDER:1) following ddls shall be observed: (a) parties exchange Rule 26(a)(1) info by 1/30/2007 (b) pltf has to 6/1/2007 to Join Additional Parties or amend pldgs (c)Suppl. of disclosures sue 8/15/2007 (d) Rule 26(e) disclosures due from pltf 7/6/2007 and from dfts 9/7/2007 (e) Discovery due by 11/1/2007. (f) Dispositive Motions due by 12/3/2007. 2) no motions to compel or other motions re discovery disputes shall be filed unless all have conferred as directed by FRCP 37(a)(2)(A) 3) Jury Trial set for 5/19/2008 09:00 AM in Frankfort before Karen K. Caldwell. 4) parties shall observe directives re filing of discovery materials 5) no extensions of ddls in this order shall be granted unless appropriate motion filed 6) IT IS FURTHER ORDERED matter referred to Magistrate Judge Edward B. Atkins for (i) telephonic conference re progress of discovery and feasibility of all ddls (ii) settlement conference (iii) preliminary pretrial conference. A sep. order scheduling dates will issue from the Magistrate Judge. (CBD)cc: COR (Entered: 12/15/2006)
11 ORDER: No later than 10 days prior to Pretrial Conference, counsel file pretrial filings. (Parties comply w/ Items 1A−G and 2A−E) Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 12/15/2006)
12 ORDER: 1) Telephone Conference set for 5/21/2007 02:00 PM EST. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 12/18/2006)
13 INITIAL DISCLOSURES Plaintiff's Rule 26(e)(1) Disclosures by Gary Mumphrey.(Belzley, Gregory) (Entered: 01/12/2007)
14 INITIAL DISCLOSURES Rule 26 by Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Karem, Scott) (Entered: 01/30/2007)
15 MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Documents (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/05/2007)
16 RESPONSE in Opposition re 15 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)
17 Proposed Agreed Order/Stipulation Agreed Order by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)
18 Proposed Agreed Order/Stipulation granting an extension of time to file a response to a motion to compel by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 17 Proposed Agreed Protective Order, AND 18 Proposed Agreed Order extending time to respond. (AKR) (Entered: 03/26/2007)
19 REPLY to Response to Motion re 15 MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Inmate Docs filed by Gary Mumphrey. (Belzley, Gregory) Additional attachment: Suppl. Exhibit A added on 5/22/2007 per Order 23 (Dearborn, Christy). Modified text re attachment on 5/22/2007 (Dearborn, Christy). (Entered: 03/26/2007)

03/26/2007 03/28/2007
03/28/2007 04/25/2007 05/21/2007 05/22/2007 05/29/2007
06/22/2007
06/28/2007 06/28/2007 07/02/2007 07/03/2007 07/03/2007 07/03/2007 07/12/2007

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 15 MOTION to Compel by Gary Mumphrey Production of HIPAA−Protected Documents (NOTE: related Pending Proposed Agreed Protective Order #17) (CBD) (Entered: 03/26/2007)
20 AGREED PROTECTIVE ORDER: 1) dfts are to produce to pltf's counsel a copy of the floor plan of the Shelby county Detention Center, doc.s setting out out present or last known address of all persons employed by the detention center during incarceration of pltf, Gary Mumphrey and photos of and doc.s identifying present or last known address of all persons incarcerated in the detention center at time of incarceration of Gary Mumphrey. These items are to be produced w/ in twenty days of this order 2) doc.s produced pursuant to this order shall be marked "CONFIDENTIAL" (see order for items 3−7). Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)
21 AGREED ORDER: dfts shall have through 3/23/2007 to file their response to pltf's motion 15 for production of HIPAA protected inmate documents. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)
22 MOTION for Leave by Gary Mumphrey To File Supp. to Reply in Support of Mot. to Compel Production (Attachments: # 1 Exhibit Judge Russell's Order and Protective Order# 2 Proposed Order)(Belzley, Gregory) (Entered: 04/25/2007)
***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 22 MOTION for Leave to File Supplement to Reply in support of Motion to Compel by Gary Mumphrey (CBD) (Entered: 05/21/2007)
23 ORDER: motion 22 to file supplemental documents in support of her motion to compel is GRANTED . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 05/22/2007)
24 MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/29/2007 before Judge Edward B Atkins : 1) Telephone Conference set for 6/29/2007 02:00 PM. Undersigned's ofc shall initiate call. 2) All currently scheduled ddls remain in full force, pending further orders of this Court. (COURT REPORTER: None) (CBD)cc: COR (Entered: 05/29/2007)
25 ORDER: Motion for Production (Record No. 15 ) is GRANTED. That on or before July 2, 2007, counsel for parties submit an agreed order to the undersigned for consideration concerning how best to contact the potential class members while simultaneously protecting the privacy of individuals whose info will be disclosed . Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 06/22/2007)
26 ORDER: telephone conf previously scheduled for 6/30/2007 24 is RESCHEDULED for 7/12/2007 @ 10:00 am. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 06/28/2007)
Set/Reset Hearings: Telephone Conference set for 7/12/2007 10:00 AM in Ashland before Edward B Atkins. (CBD) (Entered: 06/28/2007)
27 Proposed Agreed Order/Stipulation re production of MRSA documents by Gary Mumphrey. (Belzley, Gregory) (Entered: 07/02/2007)
***FILE SUBMITTED TO CHAMBERS of Caldwell for review: 27 Proposed Agreed Order/Stipulation (CBD) (Entered: 07/03/2007)
28 AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8) . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 07/03/2007)
29 AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8). . Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 07/03/2007)
30 ORDER: mater came for Telephone Status Conf (held on 7/12/2007) to discuss progrees of discovery and feasibility of current ddls. As discovery is ongoing, and in light of Court's Order 29 of 7/3/2007, IT IS ORDERED on or before 7/31/2007

08/01/2007 08/01/2007 08/20/2007 08/22/2007
11/01/2007 11/02/2007 11/02/2007
12/03/2007
12/05/2007 12/20/2007 12/21/2007 12/21/2007 12/28/2007

parties meet and report to Court re proposed amendments to current discovery plan. Signed by Judge Edward B Atkins. (COURT REPORTER: None) (CBD)cc: COR (Entered: 07/12/2007)
***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: No response to 30 Order (CBD) (Entered: 08/01/2007)
31 MOTION to Stay by Gary Mumphrey pretrial deadlines for 90 days (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified text to include text in italics to better describe pleading on 8/2/2007 (Ratliff, Kay). (Entered: 08/01/2007)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: 31 MOTION to Stay Pretrial Deadlines by Gary Mumphrey. (AKR) (Entered: 08/20/2007)
32 ORDER: that all pre−trial deadlines are abated in this case. The parties are directed to file, on Nov. 1, 2007, a status report w/Court &a discovery plan to govern the litigation of this matter. The parties are encouraged during this abatement to continue discovery in an effort toward moving this case toward resolution. (Motions terminated: 31 MOTION to Stay). Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 08/22/2007)
33 JOINT STATUS REPORT by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 11/01/2007)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review &scheduling: 33 Joint Status Report. (AKR) (Entered: 11/02/2007)
34 ORDER: (1) Plff's Motion re 33 is GRANTED. (2) A telephone conf call among the undersigned &counsel is scheduled for MONDAY, 12/3/2007 at 10:30 AM, Eastern Time; (3) The undersigned's office shall initiate said teleph conf call, in which lead counsel for each party shall participate &be prepared to report on status of discovery &to discuss any other releveant matters arising in this case. Signed by Judge Edward B Atkins. (AKR)cc: COR, diary (Entered: 11/02/2007)
35 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/3/2007, before Edward B Atkins: (1) Rule 26(a)(2) reports from expert trial witnesses due: (i) plffs by 6/30/08; and (ii) dfts by 8/15/08. (2) Supplementation of discl &responses as required by rule 26(e) by 9/1/08. (3)All discovery, including expert disc, due by 9/30/2008. (4) Trial of matter sched for 5/19/08 is CANCELLED. (5) Matter come on for telephone conf call on Tuesday, 9/30/08 at 10:00 am. The undersigned's ofc shall initiate the call, which shall be attended by lead counsel for each party, to discuss dates for trial. (AKR)cc: COR, diary (Entered: 12/03/2007)
36 MOTION to Compel Production of Documents by Gary Mumphrey (Attachments: # 1 Exhibit 10/3/07 e−mail, # 2 Exhibit 11/14/07 e−mail, # 3 Proposed Order)(Belzley, Gregory) Modified text w/ language in italics for better description on 12/6/2007 (CBD). (Entered: 12/05/2007)
37 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits (Attachments: # 1 Proposed Order)(Karem, Scott) Modified text to include "Unopposed" to better describe motion on 12/21/2007 (AKR). (Entered: 12/20/2007)
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 37 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (AKR) (Entered: 12/21/2007)
38 ORDER: 1. Dft shall up through &including 12/28/07 to file their response to Plf's motion to compel. (Motion terminated: 37 Motion for Extension of Time). Signed by Edward B Atkins on 12/21/2007. (AKR)cc: COR (Entered: 12/21/2007)
39 RESPONSE in Opposition re 36 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 12/28/2007)

01/03/2008
01/04/2008 01/04/2008
01/15/2008 01/15/2008 01/16/2008 05/22/2008 06/27/2008 06/27/2008 07/18/2008
09/02/2008 09/30/2008
10/14/2008 10/14/2008 10/14/2008

40 REPLY to Response to Motion re 36 MOTION to Compel by Gary Mumphrey filed by Gary Mumphrey. (Attachments: # 1 INCORRECT−Exhibit KDOC MRSA protocol, # 2 INCORRECT−Exhibit CDC MRSA report)(Belzley, Gregory) (Additional attachment(s) added on 1/4/2008: # 3 CORRECT− Exhibit KDOC MRSA protocol, # 4 CORRECT−Exhibit CDC MRSA report) (AKR). Modified text to add "Incorrect" on 1/4/2008 (AKR). (Entered: 01/03/2008)
***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 36 MOTION to Compel Production of Documents by Gary Mumphrey (CBD) (Entered: 01/04/2008)
NOTICE OF DOCKET MODIFICATION TO G. Belzley re 40 Reply to Response to Motion; ERROR: Page 9 of Exhibit 1 was sideways AND pages 1 through 17 of Exhibit 2 were sideways; Entry by attorney; CORRECTION: Clerk has rotated the pages and entered the documents as separate attachments; At the browse screen within ECF, the Attorney should always open and view each PDF document before proceeding with the filing; No further action required by counsel. cc: COR (AKR) (Entered: 01/04/2008)
41 ORDER: all non−dispositive matters including, but not limited to, discovery issues are hereby referred to United States Magistrate Judge Edward B. Atkins. ( 36 MOTION to Compel by Gary Mumphrey referred to Edward B Atkins). Signed by Judge Karen K. Caldwell on 1/15/2007.(CBD)cc: COR (Entered: 01/15/2008)
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: 36 MOTION to Compel by Gary Mumphrey (CBD) (Entered: 01/15/2008)
42 ORDER: Plaintiffs Motion to Compel Production of Documents [R. 36] is DENIED. Signed by Edward B Atkins on 1/16/2008. (CBD)cc: COR (Entered: 01/16/2008)
43 NOTICE of Appearance by Stacey A. Blankenship on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3 (Blankenship, Stacey) (Entered: 05/22/2008)
44 MOTION for Extension of Time of pretrial deadlines by Gary Mumphrey Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics to better describe pleading on 6/27/2008 (AKR). (Entered: 06/27/2008)
45 NOTICE of Appearance by Douglas R. Moore on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits (Moore, Douglas) (Entered: 06/27/2008)
46 ORDER: 1. Ddl for Rule 26(a)(2) reports from retained experts is extended, and such reports shall now be due from Plaintiff no later than 9/1/2008, and from Defendants no later than 10/15/2008; and 2. Discovery shall be completed no later than 12/1/2008. Signed by Edward B Atkins on 7/18/2008. (CBD)cc: COR (Entered: 07/18/2008)
47 DISCLOSURES of Expert Witnesses by Gary Mumphrey. (Attachments: # 1 Exhibit Miller Report, # 2 Exhibit Clark Report)(Belzley, Gregory) (Entered: 09/02/2008)
48 ORDER for TELEPHONE CONFERENCE held on 9/30/2008 before Edward B Atkins: plaintiff shall have to and including 12/29/2008, within which to file any motion to certify a class. The defendant shall then have thirty days to respond. (CBD)cc: COR Modified text w. keyword language on 9/30/2008 (CBD). (Entered: 09/30/2008)
49 NOTICE of Change of Address by Scott Edmund Karem (Karem, Scott) (Entered: 10/14/2008)
50 Proposed Agreed Order/Stipulation by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 10/14/2008)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 50 Proposed Agreed Order. (AKR) (Entered: 10/14/2008)

10/15/2008
10/29/2008
12/11/2008
12/12/2008
12/29/2008 01/16/2009 01/24/2009 01/26/2009 03/11/2009 03/13/2009
03/19/2009 03/19/2009 03/31/2009 03/31/2009

51 AGREED ORDER: 1. Dfts shall have up through &including Wednesday, October 29, 2008 in which to file their Rule 26 expert disclosure. 2. The December 1st discovery deadline date is vacated &parties are ordered to file a joint scheduling order within 15 days of the date that this Court rules on Pla's motion to certify this litigation as a class action. Signed by Judge Karen K. Caldwell on 10/15/2008.(AKR)cc: COR (Entered: 10/15/2008)
52 DISCLOSURES of Expert Witnesses by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit Expert Witness Report, # 2 Exhibit Expert Witness Report, # 3 Exhibit Expert CV, # 4 Exhibit Expert CV, # 5 Exhibit Raff CV part 1, # 6 Exhibit Raff CV part 2, # 7 Exhibit Raff CV part 3)(Karem, Scott) (Entered: 10/29/2008)
53 MOTION to Amend Prior Discovery Order 42 Order on Motion to Compel by Gary Mumphrey and for Extension of Deadline for Motion for Class Certification − Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics and text cleanup on 12/12/2008 (AKR). (Entered: 12/11/2008)
54 ORDER: (1) The Plaintiffs Motion to Amend &Motion for Extension 53 is DENIED. (2) The Courts order of September 30, 2008 remains in full force and effect, and any motion to certify a class shall be filed on or before DECEMBER 29, 2008. Signed by Edward B Atkins on 12/12/2008. (CBD)cc: COR (Entered: 12/12/2008)
55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) (Entered: 12/29/2008)
56 RESPONSE in Opposition re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit A − Copy of cited case, # 2 Exhibit B − Copy of cited case)(Karem, Scott) (Entered: 01/16/2009)
57 REPLY to Response to Motion re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Gary Mumphrey. (Attachments: # 1 Exhibit Bourdais opinion, # 2 Exhibit Monahan opinion)(Belzley, Gregory) (Entered: 01/24/2009)
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint (CBD) (Entered: 01/26/2009)
58 ORDER: Plaintiffs Motion for Leave to File First Amended Complaint 55 is DENIED WITHOUT PREJUDICE. Signed by Edward B Atkins on 3/11/2009. (CBD)cc: COR (Entered: 03/11/2009)
59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary MumphreyMotions referred to Edward B Atkins. (Attachments: # 1 Exhibit 1, Judge Russell's Jan. 14, 2009 Opinion &Order, # 2 Exhibit 2, Judge Russell's Mar. 6, 2009 Opinion &Order, # 3 Proposed Order)(Belzley, Gregory) (Entered: 03/13/2009)
60 NOTICE by Clerk to attorney Scott Edmund Karem via U.S. Mail re: failure to keep email account information updated (STB) (Additional attachment(s) added on 3/19/2009: # 1 MAIN DOCUMENT) (STB). (Entered: 03/19/2009)
61 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; re 60 Notice by Clerk ; Correct document attached to this entry. cc: COR (STB) (Entered: 03/19/2009)
62 Proposed Agreed Order/Stipulation to file Response by Shelby County, Kentucky, Bobby Waits, Gary Mumphrey. (Karem, Scott) Modified text and added filer on 3/31/2009 (CBD). (Entered: 03/31/2009)
63 RESPONSE in Opposition re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey filed by Shelby County, Kentucky,

03/31/2009 03/31/2009 04/01/2009 04/21/2009 04/22/2009 04/22/2009 05/04/2009 05/04/2009 05/07/2009
05/27/2009
05/28/2009

Bobby Waits, Bobby Waits. (Attachments: # 1 Proposed Order)(Karem, Scott) (Entered: 03/31/2009)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 62 Proposed Agreed Order/Stipulation (CBD) (Entered: 03/31/2009)
NOTICE OF DOCKET MODIFICATION TO Scott Karem re 62 Proposed Agreed Order/Stipulation; Error: attorney failed to choose all filers; Clerk has added the plaintiff as a filer to the document. In the future, attorney should hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (CBD) (Entered: 03/31/2009)
64 ORDER: Defendants shall have up through and including Tuesday, March 31, 2009in which to file their response to Plaintiffs motion 58 for reconsideration and/or clarification. Signed by Judge Karen K. Caldwell on 4/1/2009.(CBD)cc: COR (Entered: 04/01/2009)
***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey (CBD) (Entered: 04/21/2009)
65 ORDER: (1) The Plaintiffs Motion for Reconsideration 59 is GRANTED.(2) The Plaintiffs Motion for Leave to File First Amended Complaint 55 isGRANTED. (3) This matter is set for a telephonic status conference on 5/4/2009 @ 1:00 P.M. The undersigneds chambers will initiate said call, during which counsel shall be prepared to discuss the status of discovery, and current deadlines in the case. Signed by Edward B Atkins on 4/22/2009.(CBD)cc: COR (Entered: 04/22/2009)
68 FIRST AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Mumphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Gary Mumphrey. (Filed per Order 65 )(CBD) (Entered: 05/26/2009)
66 Proposed Agreed Order/Stipulation Setting Discovery Deadlines by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Belzley, Gregory) (Entered: 05/04/2009)
***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 66 Proposed Agreed Order/Stipulation (CBD) (Entered: 05/04/2009)
67 ORDER for TELEPHONE CONFERENCE held on 5/7/2009, before Edward B Atkins: (1) Discovery shall be completed on or before MARCH 1, 2010; (2) Deadline for amendment of the pleadings is AUGUST 31, 2009; (3) Expert reports shall be due: (a) From the Plaintiffs, on or before NOVEMBER 1, 2009; (b) From the Defendants, on or before DECEMBER 31, 2009;(4) On or before OCTOBER 31, 2009, the parties shall attend either mediation or a Court−sponsored settlement conference. If the parties desire a settlement conference, they shall inform the Court as soon as possible, in order to ensure scheduling before the deadline; (5) This matter shall come before the undersigned for a telephonic status conference on NOVEMBER 17, 2009 AT THE HOUR OF 2:00 P.M. Eastern. The undersigneds office will initiate said call, during which counsel for the parties shall be prepared to discuss the status of the case.(Court Reporter None.) Signed by Judge Atkins. (CBD)cc: COR, diary (Entered: 05/07/2009)
69 MOTION for Leave to File Second Amended Complaint by Gary Mumphrey, Chistopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Memphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) Redefines motion relief, added filers on 5/28/2009 (CBD). (Entered: 05/27/2009)
NOTICE OF DOCKET MODIFICATION TO Greg Belzley re 69 MOTION for leave to file Second Amended Complaint; Error: the incorrect motion relief to

05/29/2009 05/29/2009
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Intervene was selected. Entry by Attorney; Clerk re−defined the pleading as a Motion for leave to file Second Amended Complaint. No further action required by counsel. cc: COR (CBD) (Entered: 05/28/2009)
70 ORDER: that Plaintiff's motion 69 for leave of Court to file their Second Amended Complaint is GRANTED. Signed by Edward B Atkins on 5/29/2009. (CBD)cc: COR (Entered: 05/29/2009)
71 SECOND AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Filed per Order 70 )(CBD) (Entered: 06/01/2009)
72 ANSWER to 68 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/16/2009)
73 ANSWER to 71 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/19/2009)
74 Proposed Agreed Order/Stipulation by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Belzley, Gregory) (Entered: 09/14/2009)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 74 Proposed Agreed Order/Stipulation. (AKR) (Entered: 09/15/2009)
75 AGREED ORDER: 1. The Court's order dated March 5, 2009 requiring the parties to file amendments to pleadings on or before August 31, 2009 remains in effect as an order of the Court with the exception that Plaintiff may file amended complaints adding specific additional plaintiffs up through and including October 9, 2009. 2. Plaintiff's ability to amend and add additional plaintiffs is limited to adding the following named individuals: Aver/ Florence, Chastity Franco, Jessie Richardson, Samantha Roberts, Kristy Shuck, Jeffrey Sowards, David Stone, Jason Stone, William Stone, Earl Murray, Charles Wright, Charon Craft and Robert Miller. 3. Pursuant to the Court's order dated March 5, 2009 the parties are prohibited from amending pleadings except as otherwise set forth specifically in this order. Signed by Judge Karen K. Caldwell on 9/15/2009.(AKR)cc: COR (Entered: 09/15/2009)
76 NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/18/2009)
77 NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/19/2009)
78 ORDER for TELEPHONE CONFERENCE held on 11/17/2009 before Edward B Atkins: (1) All current deadlines remain in place; (2) The parties shall file any dispositive motions on or before MAY 1, 2010 with response and reply time per Local Rule 7.1; (3) PRELIMINARY PRETRIAL CONFERENCE set for 8/11/2010 11:30 AM in FRANKFORT before Edward B Atkins. Signed by Edward B. Atkins. (Court Reporter None.) (CBD)cc: COR (Entered: 11/20/2009)
Terminate Hearings: Jury Trial of 5/19/2008 cancelled per Order 12/3/2007 35 (CBD) (Entered: 11/20/2009)
Terminate Hearings: Prel. PT Conference of 9/30/2008 termed per Minute Order 48 entered 9/30/2008 (CBD) (Entered: 11/20/2009)
79 SUPPLEMENTAL DISCLOSURES Identification of Expert Witnesses by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Supplement Expert Report by Ray Sabbatine)(Blankenship, Stacey) (Entered: 12/28/2009)

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80 Proposed Agreed Order/Stipulation giving Martin, Metzger, Ray, and Reece 30 days to contact counsel or obtain new counsel by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Blankenship, Stacey) (Entered: 01/08/2010)
81 AGREED ORDER: Plaintiffs Norris Martin, Richard Metzger, Beata Ray, and Paulinia Reece shall have 30 days from the date of this Agreed Order in which to contact their counsel or obtain new counsel or their claims shall be dismissed with prejudice. Plaintiffs' counsel shall send a copy of this Agreed Order via certified mail, return receipt requested, to the last knownaddress of Martin, Metzger, Ray, and Reece. Signed by Judge Karen K. Caldwell on 1/11/2010.(CBD)cc: COR (Entered: 01/11/2010)
82 Proposed Agreed Order/Stipulation Extending Deadlines re: discovery and dispositive motions by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Blankenship, Stacey) (Entered: 02/03/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 82 Proposed Agreed Order/Stipulation (CBD) (Entered: 02/04/2010)
83 Proposed Agreed Order/Stipulation dismissing Stafford Mitchell by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Blankenship, Stacey) (Entered: 02/09/2010)
84 Proposed Agreed Order/Stipulation dismissing Mark Lefler by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Blankenship, Stacey) (Entered: 02/09/2010)
85 AGREED ORDER: With the agreement of the parties, as indicated by the signatures of their counsel below, it is hereby ORDERED that Plaintiff, Mark Lefler shall be dismissed with prejudice pursuant to Plaintiffs request. Signed by Judge Karen K. Caldwell on 2/9/2010.(CBD)cc: COR Modified text w/ agreed on 2/9/2010 (CBD). (Entered: 02/09/2010)
86 AGREED ORDER: With the agreement of the parties, as indicated by the signatures of their counsel below, it is hereby ORDERED that Plaintiff, Stafford Mitchell shall be dismissed with prejudice pursuant to Plaintiffs request. Signed by Judge Karen K. Caldwell on 2/9/2010.(CBD)cc: COR (Entered: 02/09/2010)
87 AGREED ORDER EXTENDING DEADLINES: the discovery deadline herein is extended through June 1, 2010, and the dispositive motions deadline herein is extended through August 1, 2010. All responses and replies are due in accordance with the FRCP. Signed by Judge Karen K. Caldwell on 2/9/2010.(CBD)cc: COR (Entered: 02/09/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 81 Agreed Order. (AKR) (Entered: 02/16/2010)
88 MOTION to Take Deposition from Anthony Manning by John and Jane Does, Nos. 1, 2 and 3, Shelby County, Kentucky, Bobby Waits, Bobby Waits Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Moore, Douglas)

03/15/2010 04/01/2010
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(Entered: 03/15/2010)
89 ORDER: Defendant's motion 88 is GRANTED. Defendant is hereby granted leave to take the deposition of Anthony Manning, at the Marshall County Detention Center in Benton, Kentucky. Signed by Magistrate Judge Edward B Atkins on 3/15/2010. (CBD)cc: COR (Entered: 03/15/2010)
90 Proposed Agreed Order/Stipulation giving Barry Chesser, Dennis Rogers, and James Rose 30 days to contact counsel by Christopher Bagshaw, Barry Chesser, John and Jane Does, Nos. 1, 2 and 3, William Farris, Tony Huff, Troy Ingram, Kenneth Kipp, Anthony Manning, Norris Martin, Richard Metzger, Gary Mumphrey, Elvin Noble, Alfred Perry, Jeffery Perry, Debra Probus, Beata Ray, Paulinia Reece, Dennis Rogers, James Rose, David Settles, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Blankenship, Stacey) (Entered: 04/01/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 90 Proposed Agreed Order/Stipulation (CBD) (Entered: 04/02/2010)
91 AGREED ORDER: that Plfs, Barry Chesser, Dennis Rogers and James Rose shall have 30 days from the date of this Agreed Order in which to contact their counsel or obtain new counsel or their claims shall be dismissed with prejudice. Plfs' counsel shall send a copy of this Agreed Order via cert mail, retn recpt requested, to the last known address of Chesser, Rogers, and Rose. Signed by Judge Karen K. Caldwell on 4/5/2010.(AKR)cc: COR (Entered: 04/05/2010)
92 MOTION to Dismiss by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motion for Entry of Order of Dismissal (Attachments: # 1 Proposed Order, # 2 Exhibit A − certified mail)(Blankenship, Stacey) (Entered: 04/20/2010)
93 Proposed Agreed Order/Stipulation Proposed Agreed Order to Dismiss Christopher Bagshaw by Christopher Bagshaw, Barry Chesser, John and Jane Does, Nos. 1, 2 and 3, William Farris, Tony Huff, Troy Ingram, Kenneth Kipp, Anthony Manning, Norris Martin, Richard Metzger, Gary Mumphrey, Elvin Noble, Alfred Perry, Jeffery Perry, Debra Probus, Beata Ray, Paulinia Reece, Dennis Rogers, James Rose, David Settles, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Blankenship, Stacey) (Entered: 04/20/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 93 Proposed Agreed Order (CBD) (Entered: 04/21/2010)
94 AGREED ORDER: Plaintiff, Christopher Bagshaw shall have 30 days from the date of this Agreed Order in which to contact his counsel or obtain new counsel or his claims shall be dismissed with prejudice. Plaintiffs counsel shall send a copy of this Agreed Order via certified mail, return receipt requested, to the last known address of Bagshaw. Signed by Judge Karen K. Caldwell on 4/21/2010.(CBD)cc: COR (Entered: 04/21/2010)
95 MOTION to Take Deposition from Alford Perry by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/05/2010)
96 MOTION to Take Deposition from Jeffery Perry by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Blankenship, Stacey) (Entered: 05/05/2010)
97 MOTION to Withdraw as Attorney by Gary Mumphrey Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 05/07/2010)
98 MOTION to Withdraw as Attorney by Gary Mumphrey from Representation of James Gary Rose Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 05/10/2010)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: re 98 MOTION to Withdraw as Attorney by Gary Mumphrey from Representation of James Gary Rose. (AKR) (Entered: 05/10/2010)

05/10/2010
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99 ORDER: counsel for Plaintiffs Gregory A. Belzley is hereby permitted to withdraw from the representation of Mr. Rose and Mr. Chesser. It is further ORDERED that Mr. Rose and Mr. Chesser shall have 30 days from the date of this Order either to locate new counsel and have them enter their appearance or to file written notice of his intent to proceed pro se. Failure to comply with this order will result in dismissal of the case without further notice. It is further ORDERED that Mr. Belzley send a copy of this order, certified mail, return receipt requested, to Mr. Rose at his last known address. Signed by Judge Karen K. Caldwell on 5/10/2010. (CBD)cc: COR (Entered: 05/10/2010)
100 MOTION for Order by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motion for Entry of Order of Dismissal − Dennis Rogers . (Attachments: # 1 Exhibit A − certified mail, # 2 Proposed Order)(Blankenship, Stacey) Modified by removing "Motions referred to Edward B Atkins" on 5/11/2010 (AKR). (Entered: 05/11/2010)
101 Proposed Agreed Order/Stipulation Jeffery Perry, Kenneth Kipp, Troy Ingram, and William Farris contact or obtain new counsel in 30 days by Christopher Bagshaw, Barry Chesser, John and Jane Does, Nos. 1, 2 and 3, William Farris, Tony Huff, Troy Ingram, Kenneth Kipp, Anthony Manning, Norris Martin, Richard Metzger, Gary Mumphrey, Elvin Noble, Alfred Perry, Jeffery Perry, Debra Probus, Beata Ray, Paulinia Reece, Dennis Rogers, James Rose, David Settles, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Blankenship, Stacey) (Entered: 05/11/2010)
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 100 MOTION for Order by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motion for Entry of Order of Dismissal − Dennis Rogers. (AKR) (Entered: 05/11/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 101 Proposed Agreed Order for Jeffery Perry, Kenneth Kipp, Troy Ingram &William Farris contact or obain new ocounsel in 30 days. (AKR) (Entered: 05/11/2010)
102 ORDER: (1) The Defendants Motions for Leave [Rs. 95, 96] are GRANTED; (2) Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), the Defendants areGRANTED LEAVE to depose Plaintiffs ALFORD PERRY and JEFFREY PERRY, who arecurrently incarcerated; (3) The parties shall cooperate with the Roederer Correctional Complex in scheduling an acceptable time for the depositions. Signed by Magistrate Judge Edward B Atkins on 05/13/2010. (Motions terminated: 95 Motion to Take Deposition; 96 Motion to Take Deposition). (AKR)cc: COR (Entered: 05/13/2010)
103 Proposed Agreed Order/Stipulation Staying Deadlines by Christopher Bagshaw, Barry Chesser, William Farris, Tony Huff, Troy Ingram, Kenneth Kipp, Anthony Manning, Norris Martin, Richard Metzger, Gary Mumphrey, Elvin Noble, Alfred Perry, Jeffery Perry, Debra Probus, Beata Ray, Paulinia Reece, Dennis Rogers, James Rose, David Settles, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit A − Wooler v. Hickman Co. Sixth Circuit Opinion)(Blankenship, Stacey) (Entered: 05/20/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 103 Proposed Agreed Order/Stipulation (CBD) (Entered: 05/21/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 94 Order. No response as to this order. (AKR) (Entered: 05/24/2010)
104 ORDER OF DISMISSAL: that Defendants' motion 100 is GRANTED, and the claims of Dennis Rogers are hereby DISMISSED with prejudice. Signed by Judge Karen K. Caldwell on 05/25/2010. (AKR)cc: COR (Entered: 05/25/2010)
105 AGREED ORDER: Messrs. Perry, Kipp, Ingram and Farris, if they wish to continue to prosecute their claims in this case, either contact Plaintiffs' counsel or retain new counsel in the next 30 days or their claims will be dismissed. Plaintiffs counsel shall send a copy of this Agreed Order via certified mail, return receipt requested, to the last known address of Farris, Ingram, Kipp, and Perry. Signed by Judge Karen K. Caldwell on 5/25/2010.(CBD)cc: COR (Entered: 05/25/2010)

05/26/2010
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106 ORDER: The Court hereby ORDERS that this matter is set for a telephonic scheduling conference on June 9, 2010 at 1:30 p.m. Chambers will initiate the call. Counsel SHALL CALL Chambers by June 4, 2010 with a phone number where they can be reached for the conference.. Signed by Judge Karen K. Caldwell on 5/26/2010.(CBD)cc: COR, Lex Diary (Entered: 05/26/2010)
107 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/9/2010 before Judge Karen K. Caldwell: 1. All pending deadlines and hearings in this matter are SET ASIDE. 2. Plaintiff Barry Chesser is DISMISSED as a party to this action.3. Clerk to send one further notice to Plaintiff James Rose at his last known address that his claims will be dismissed if no response is received.4. Counsel for Plaintiffs to advise the Court bye−mail to Chambers the names of the remaining Plaintiffs in this matter. Once this list is received, the Court will send a notice to those remaining plaintiffs that their claims will be dismissed unless they have new counsel appear or notify the Court that they intend to proceed pro se within 30 days of said notice. (Court Reporter Rhonda Sansom.) (CBD)cc: COR (Entered: 06/10/2010)
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 92 MOTION to Dismiss by Shelby County, Kentucky, Bobby Waits, Bobby Waits Motion for Entry of Order of Dismissal (CBD) (Entered: 06/16/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 105 Order − No response (CBD) (Entered: 06/25/2010)
108 MOTION to Withdraw as Attorney by Gary Mumphrey (Attachments: # 1 Proposed Order)(Belzley, Gregory) Removed referral language on 8/23/2010 (CBD). (Entered: 08/23/2010)
109 ORDER: On motion 108 of counsel for Plaintiffs, and after consideration of same, it is ORDERED that counsel for Plaintiffs is permitted to withdraw as counsel for all Plaintiffs. On or before September 23, 2010, new counsel for Plaintiff Gary Mumphrey shall enter an appearance in the record. Absent a request for an extension of time or a Motion for Plaintiff Gary Mumphrey to appear pro se, the matter will be dismissed and stricken from the record. Signed by Judge Karen K. Caldwell on 8/24/2010. (CBD)cc: COR (NOTE: As no address for Gary Mumphrey was provided Clerk was only able to serve COR) (Entered: 08/24/2010)
Clerk's Note: Clerk contacted Mr. Belzley, former counsel for all plaitniffs, this date for last known addresses for plaintiffs re 109 Order on Motion to Withdraw as Attorney. Counsel advised that he would be filing a list this date attached to a Notice of Filing. (CBD) (Entered: 08/24/2010)
Attorney Update. Attorney Gregory Allen Belzley terminated. (CBD) (Entered: 08/24/2010)
Clerk's Note: Copy of 109 Order on Motion to Withdraw as Attorney, was sent via US Mail this date to Gary Mumphrey at 222 Alto Drive, Shelbyville Ky 40065. Address provided by phone from Mr. Belzley. (CBD) (Entered: 08/24/2010)
110 NOTICE OF FILING by Gary Mumphrey of List of Plaintiffs' Last Known Addresses (Attachments: # 1 Exhibit)(Belzley, Gregory) (Entered: 08/24/2010)
Clerk's Note: Addresses provided by counsel at DE 110 added to docket sheet and copy of 109 Order mailed this date to remaining plaintiffs. (CBD) (Entered: 08/24/2010)
111 Mail Returned as Undeliverable. Mail sent to Anthony Manning re 109 Order on Motion to Withdraw as Attorney. (CBD) (Entered: 08/30/2010)
112 Mail Returned as Undeliverable. Mail sent to Beata Ray re 109 Order on Motion to Withdraw as Attorney (CBD) (Entered: 08/30/2010)
113 Mail Returned as Undeliverable. Mail sent to Norris Martin re 109 Order on Motion to Withdraw as Attorney. (CBD) (Entered: 08/30/2010)
114 Mail Returned as Undeliverable. Mail sent to Richard Metzger re 109 Order on Motion to Withdraw as Attorney. (CBD) (Entered: 08/30/2010)

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115 Mail Returned as Undeliverable. Mail sent to Alfred Perry re 109 Order on Motion to Withdraw as Attorney. (CBD) (Entered: 08/30/2010)
116 Mail Returned as Undeliverable. Mail sent to Kenneth Kipp re 109 Order. (CBD) (Entered: 09/07/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: No response re 109 Order. (CBD) (Entered: 09/27/2010)
117 ORDER: Accordingly, it is hereby ORDERED that the claims of Christopher Bagshaw, William Farris, Troy Ingram, Kenneth Kipp, Norris Martin, Richard Metzger, Beata Ray, Paulinia Reece, and James Rose are DISMISSED with prejudice.This Court was notified by Plaintiffs counsel that Debra Probus wishes to dismiss her claims. Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court hereby ORDERS that the claims of Debra Probus are DISMISSED with prejudice. The only Plaintiffs that will remain following the entry of this Order are Gary Mumphrey, Tony Huff, Anthony Manning, Elvin Noble, Alfred Perry, Jeffery Perry, and David Settles. On motion of counsel for Plaintiffs, this Court ordered that counsel for Plaintiffs be permitted to withdraw as counsel for all Plaintiffs. Accordingly, it is hereby ORDERED that, by November 14, 2010, the Plaintiffs Gary Mumphrey, Tony Huff, Anthony Manning, Elvin Noble, Alfred Perry, Jeffery Perry and David Settles shall either: 1) obtain new counsel who shall enter their appearance in the record; or 2) file a Motion to appear pro se. If any of these remaining Plaintiffs fails to comply with this Order, that Plaintiff's claims will be dismissed without further notice. The Clerk is hereby directed to mail a copy of this Order to the last known addresses of the Plaintiffs. It is further hereby ORDERED that the Defendant's Motion for Entry of Order of Dismissal 92 is DENIED as moot. Signed by Judge Karen K. Caldwell on 10/18/2010.(CBD)cc: COR (Entered: 10/18/2010)
118 Mail Returned as Undeliverable − No longer atthis address. Mail sent to Jeffrey Perry re 117 Order. (CBD) (Entered: 11/03/2010)
119 Mail Returned as Undeliverable − Not Here. Mail sent to Anthony Manning re 117 Order. (CBD) (Entered: 11/03/2010)
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 117 Order (CBD) (Entered: 11/15/2010)
120 MOTION to Dismiss by Shelby County, Kentucky, Bobby Waits (Attachments: # 1 Proposed Order Granting Motion for Entry of Order of Dismissal)(Blankenship, Stacey) (Entered: 12/16/2010)
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 120 MOTION to Enter Order of Dismissal by Shelby County, Kentucky, Bobby Waits. (AKR) (Entered: 12/17/2010)
121 ORDER: that the Defendants motion is GRANTED, and the claims of Gary Mumphrey, Tony Huff, Anthony Manning, Elvin Noble, Alfred Perry, Jeffery Perry and David Settles are hereby DISMISSED with prejudice. Having disposed of all claims, the Complaint in this case is hereby dismissed with prejudice. The Court further ORDERS that this action is STRICKEN from the active docket of this Court. Signed by Judge Karen K. Caldwell on 1/7/2011.(AKR)cc: COR (Entered: 01/07/2011)
122 Mail Returned as Undeliverable. Mail sent to Jeffery Perry re 121 Order Dismissing Case. (CBD) (Entered: 01/18/2011)
123 Mail Returned as Undeliverable. Mail sent to Anthony Manning re 121 Order Dismissing Case. (CBD) (Entered: 01/18/2011)