U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:05-cv-00063-JBS-JS

DITTIMUS-BEY et al v. TAYLOR et al Assigned to: Judge Jerome B. Simandle Referred to: Magistrate Judge Joel Schneider Cause: 42:1983 Prisoner Civil Rights

Date Filed: 01/06/2005 Date Terminated: 06/30/2017 Jury Demand: Defendant Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff
CORRI DITTIMUS-BEY also known as CORRIE RAVENELL TERMINATED: 02/24/2005

represented by LISA J. RODRIGUEZ Schnader Harrison Segal & Lewis LLP Woodland Falls Corporate Park 220 Lake Drive East Suite 200 Cherry Hill, NJ 08002-1165 856-482-5222 Fax: 856-482-6980 Email: ljrodriguez@schnader.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

NICOLE M. ACCHIONE Schnader Harrison Segal & Lewis LLP Woodland Falls Corporate Park 220 Lake Drive East Suite 200 Cherry Hill, NJ 08002-1165 856-482-5222 Fax: 856-482-6980 TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
EDWARD LOPEZ TERMINATED: 02/24/2005

represented by NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff FRED MOSLEY TERMINATED: 02/24/2005
Plaintiff MELVIN CLARK
Plaintiff EDUARDO MCLAUGHLIN TERMINATED: 02/24/2005
Plaintiff HOWARD BOOTH
Plaintiff PATRICK KELLY

represented by NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY
represented by NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE

Plaintiff DONALD RUDD
Plaintiff STEVEN UNRUH
Plaintiff MARK ELLIOTT
Plaintiff Consolidated ROBERT BRANIN

(See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address)

Plaintiff Consolidated JAMES HILL
Plaintiff Consolidated JAMES TUTEN
Plaintiff Consolidated BRIAN REDDEN

LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Consolidated CASEY P. FRANKS
Plaintiff Consolidated DANIEL T. DURR

represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
NICOLE M. ACCHIONE (See above for address) TERMINATED: 07/08/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant ERIC TAYLOR WARDEN, CAMDEN COUNTY JAIL
Defendant DEPUTY WARDEN LOBERTO

represented by HOWARD LANE GOLDBERG OFFICE OF CAMDEN COUNTY COUNSEL 520 MARKET STREET COURTHOUSE - 14TH FLOOR CAMDEN, NJ 08102-1375 (856) 225-5543 Email: hgoldberg@camdencounty.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant MAYOR FAZON TERMINATED: 02/16/2006
Defendant GOVERNOR MC GREEVEY TERMINATED: 02/09/2006
Defendant ACTING GOVERNOR CODEY TERMINATED: 02/09/2006
Defendant JOSEPH RIPA FREEHOLDER LIASON, and Captains, Leutenants, Sargents, Correctional Officers, and Staff Defendant CAMDEN COUNTY CORRECTIONAL FACILITY
Defendant CAMDEN COUNTY DEPARTMENT OF CORRECTIONS Defendant

represented by FRANK SALVATI OFFICE OF CITY ATTORNEY 4TH FLOOR - CITY HALL CAMDEN, NJ 08101 (856) 757-7170 ATTORNEY TO BE NOTICED
represented by THOMAS KEMBLE OFFICE OF THE NJ ATTORNEY GENERAL 25 MARKET STREET PO BOX 112 TRENTON, NJ 08625-0112 (609) 633-8687 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by THOMAS KEMBLE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) ATTORNEY TO BE NOTICED

CAMDEN COUNTY Cross Claimant JOSEPH RIPA FREEHOLDER LIASON, and Captains, Leutenants, Sargents, Correctional Officers, and Staff
Cross Claimant ERIC TAYLOR WARDEN, CAMDEN COUNTY JAIL
Cross Claimant DEPUTY WARDEN LOBERTO

represented by HOWARD LANE GOLDBERG (See above for address) ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
BARBARA ANN JOHNSONSTOKES OFFICE OF CAMDEN COUNTY COUNSEL 520 MARKET STREET 14TH FLOOR COURT HOUSE CAMDEN, NJ 08102-1375 (856) 225-5443 Email: bjstokes@camdencounty.com TERMINATED: 12/01/2005 ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
BARBARA ANN JOHNSONSTOKES (See above for address) TERMINATED: 12/01/2005 ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
BARBARA ANN JOHNSONSTOKES (See above for address)

TERMINATED: 12/01/2005 ATTORNEY TO BE NOTICED

V. Cross Defendant MAYOR FAZON Cross Defendant GOVERNOR MC GREEVEY TERMINATED: 03/31/2006
Cross Defendant ACTING GOVERNOR CODEY TERMINATED: 03/31/2006
Cross Defendant JOSEPH RIPA FREEHOLDER LIASON, and Captains, Leutenants, Sargents, Correctional Officers, and Staff Cross Defendant ERIC TAYLOR WARDEN, CAMDEN COUNTY JAIL
Cross Defendant DEPUTY WARDEN LOBERTO
Cross Defendant MAYOR FAZON Cross Defendant

represented by THOMAS KEMBLE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by THOMAS KEMBLE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by HOWARD LANE GOLDBERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

GOVERNOR MC GREEVEY TERMINATED: 03/21/2006 Cross Defendant ACTING GOVERNOR CODEY TERMINATED: 03/21/2006 Counter Claimant MAYOR FAZON TERMINATED: 03/21/2006
V. Counter Defendant EDWARD LOPEZ Counter Defendant FRED MOSLEY Counter Defendant MELVIN CLARK Counter Defendant EDUARDO MCLAUGHLIN Counter Defendant HOWARD BOOTH
Counter Defendant PATRICK KELLY
Counter Defendant DONALD RUDD

represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counter Defendant STEVEN UNRUH
Counter Defendant CORRI DITTIMUS-BEY

represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by LISA J. RODRIGUEZ (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/06/2005 01/14/2005
01/24/2005 01/25/2005 02/02/2005 02/08/2005 02/14/2005 02/14/2005 02/14/2005

# Docket Text
1 Complaint Received (NO IFP submitted). (TH, ) (Entered: 01/10/2005)
2 ORDERED that Pltfs have 30 days from the date of receipt of this Order to have the Complaint filed by prepayment of the filing fee; alternatively, each pltf may apply for in forma pauperis status; if no pltf responds to this Order within 30 days then the Complaint will be deemed withdrawn and the Clerk shall be directed to close the file, etc.. Signed by Judge Jerome B. Simandle on 1/14/05. (MB, ) (Entered: 01/18/2005)
3 Mail Returned as Undeliverable. Mail sent to Corri Dittimus-Bey (sb) (Entered: 01/28/2005)
4 APPLICATION to proceed IFP by HOWARD BOOTH. (TH, ) (Entered: 02/08/2005)
6 Mail Returned as Undeliverable. Mail sent to Fred Mosley (TH, ) (Entered: 02/08/2005)
5 Mail Returned as Undeliverable. Mail sent to Edward Lopez (sb) (Entered: 02/08/2005)
7 APPLICATION to proceed IFP by DONALD RUDD. (TH, ) (Entered: 02/22/2005)
8 APPLICATION to proceed IFP by MELVIN CLARK. (TH, ) (Entered: 02/22/2005)
9 APPLICATION to proceed IFP by STEVEN UNRUH. (TH, ) (Entered: 02/22/2005)

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10 APPLICATION to proceed IFP by PATRICK KELLY. (TH, ) (Entered: 02/22/2005)
11 APPLICATION to proceed IFP by EDUARDO MCLAUGHLIN (no account statement). (TH, ) (Entered: 02/22/2005)
12 ORDER application of Melvin Clark, Howard Booth, Patrick Kelly, Donald Rudd, and Steven Unruh are GRANTED; Clerk is directed to file the Complaint on behalf of M. Clark, H. Booth, P. Kelly, D. Rudd, and S. Unruh; IFP Applications for E. McLaughlin, C. Dittimus-Bey, E. Lopez, and F. Mosely are denied w/o prejudice; Clerk is directed to issue summons to the United States Marshal for service upon Defendants; Clerk shall notify Plainiff of the opportubity to apply for pro bono counsel;and Plaintiffs are assessed one filing fee of $250.00 deducted from the prison account of Melvin Clerk, Howard Booth, Patrick Kelly, Donald Rudd, and Steven Unruh.. Signed by Judge Jerome B. Simandle on 2/24/05. (gg, ) (pro bono applications mailed) (Entered: 03/02/2005)
COMPLAINT against JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO, MAYOR FAZON, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY , filed by MELVIN CLARK, HOWARD BOOTH, PATRICK KELLY, DONALD RUDD, STEVEN UNRUH.(see complaint document no.1)(gg, ) (Entered: 03/02/2005)
Summons Issued as to JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO, MAYOR FAZON, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY.Days Due - 20. (TH, ) (Entered: 03/03/2005)
13 Mail Returned as Undeliverable. Mail sent to FRED MOSLEY (Order filed 2/24/05) (TH, ) (Entered: 03/15/2005)
14 Mail Returned as Undeliverable. Mail sent to CORRI DITTIMUS-BEY (Order filed 2/24/05) (TH, ) (Entered: 03/15/2005)
15 MOTION to Appoint Pro Bono Counsel by HOWARD BOOTH. (sb) (Entered: 03/29/2005)
16 SUMMONS Returned Executed by MELVIN CLARK. ERIC TAYLOR served on 4/25/2005, answer due 5/16/2005; DEPUTY WARDEN LOBERTO served on 4/25/2005, answer due 5/16/2005; MAYOR FAZON served on 4/25/2005, answer due 5/16/2005. (sb) (Entered: 04/26/2005)

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17 SUMMONS Returned Executed by MELVIN CLARK. JOSEPH RIPA served on 4/25/2005, answer due 5/16/2005. (sb) (Entered: 04/27/2005)
18 SUMMONS Returned Executed by MELVIN CLARK. GOVERNOR MC GREEVEY served on 5/2/2005, answer due 5/23/2005. (sb) (Entered: 05/09/2005)
19 SUMMONS Returned Executed by MELVIN CLARK. ACTING GOVERNOR CODEY served on 5/2/2005, answer due 5/23/2005. (sb) (Entered: 05/09/2005)
20 First MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED/DEFENDANT'S 12(b)(6)MOTION IN LIEU OF ANSWER by MAYOR FAZON. Responses due by 5/13/2005 (SALVATI, FRANK) (Entered: 05/09/2005)
Setting return date as to 20 First MOTION to Dismiss PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED/DEFENDANT'S 12(b)(6)MOTION IN LIEU OF ANSWER for 6/3/2005 before Judge Jerome B. Simandle. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 05/10/2005)
21 ANSWER to Complaint with Jury Demand, CROSSCLAIM against MAYOR FAZON, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY by JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO.(JOHNSON-STOKES, BARBARA) (Entered: 05/16/2005)
22 Letter re: pretrial submissions. (sb) (Entered: 05/17/2005)
23 Mail Returned as Undeliverable. Mail sent to Patrick Kelly (sb) (Entered: 05/20/2005)
24 Letter from Frank Salvati. (SALVATI, FRANK) (Entered: 05/23/2005)
25 Application and Proposed Order for Clerk's Order to extend time to answer. (Attachments: # 1 Certificate of Service)(KEMBLE, THOMAS) (Entered: 05/23/2005)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. Document number 25 submitted by T. KEMBLE on 5/23/05 appears to be a Certificate of Service for an Application and Clerk's Order Extending Time to Answer. The Application was not attached to the Certificate of Service. PLEASE RESUBMIT THE APPLICATION BY 5/26/05. The

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submission will remain on the docket unless otherwise ordered by the court. (sb) (Entered: 05/24/2005)
26 Application and Proposed Order for Clerk's Order to extend time to answer as to James McGreevey and Richard Codey.. (Attachments: # 1 Certificate of Service)(KEMBLE, THOMAS) (Entered: 05/24/2005)
CLERK'S TEXT ORDER-The Application for a Clerk's Order Extending Time to Answer, document number 26, submitted by T. KEMBLE on 5/24/05 has been GRANTED. The answer due date has been set for 6/7/05. (sb) (Entered: 05/25/2005)
27 First MOTION to Dismiss or, in the alternative, Summary Judgment by GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY. Responses due by 7/8/2005 (Attachments: # 1 Brief # 2 Statement # 3 Affidavit # 4 Text of Proposed Order # 5 Certificate of Service)(KEMBLE, THOMAS) (Entered: 06/07/2005)
Setting return date as to 27 First MOTION to Dismiss or, in the alternative, Summary Judgment. for 7/1/2005 before Judge Jerome B. Simandle. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 06/08/2005)
28 ORDER to take the deposition of plaintiff, Patrick Kelly. Signed by Judge Joel B. Rosen on 8/1/05. (sb) (Entered: 08/01/2005)
29 Mail Returned as Undeliverable. Mail sent to Patrick Kelly (sb) (Entered: 08/04/2005)
30 Letter from Barbara Ann Johnson-Stokes. (JOHNSON-STOKES, BARBARA) (Entered: 08/04/2005)
31 Letter from Corri Dittimus Bey re: change of address. (sb) (Entered: 08/09/2005)
32 Letter from Frank A. Salvati. (Attachments: # 1 # 2 # 3)(SALVATI, FRANK) (Entered: 09/07/2005)
33 STIPULATION of Dismissal for plaintiff Patrick Kelly by MAYOR FAZON. (SALVATI, FRANK) (Entered: 09/15/2005)
34 STIPULATION of Dismissal by GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY,

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ACTING GOVERNOR CODEY. (KEMBLE, THOMAS) (Entered: 10/13/2005)
35 ORDER granting 15 Motion to Appoint Counsel. Appointed LISA J. RODRIGUEZ for HOWARD BOOTH. Signed by Judge Joel B. Rosen on 11/4/05. (sb) (Entered: 11/04/2005)
36 ANSWER to Complaint with Jury Demand, CROSSCLAIM against all defendants, COUNTERCLAIM against all plaintiffs by MAYOR FAZON.(SALVATI, FRANK) (Entered: 11/10/2005)
37 SCHEDULING ORDER: Status Conference set for 12/20/2005 04:00 PM before Magistrate Judge Joel B. Rosen.Signed by Judge Joel B. Rosen on 11/17/05. (sb) (Entered: 11/17/2005)
38 Mail Returned as Undeliverable. Mail sent to Patrick Kelly (sb) (Entered: 11/23/2005)
39 Substitution of Attorney - Attorney HOWARD LANE GOLDBERG and HOWARD LANE GOLDBERG for ERIC TAYLOR, DEPUTY WARDEN LOBERTO, JOSEPH RIPA added. Attorney BARBARA ANN JOHNSON-STOKES terminated.. (GOLDBERG, HOWARD) (Entered: 12/01/2005)
40 Mail Returned as Undeliverable. Mail sent to Patrick Kelly (sb) (Entered: 12/02/2005)
41 Mail Returned as Undeliverable. Mail sent to Steven Unruh (sb) (Entered: 12/02/2005)
42 ORDER dismissing without prejudice 27 Motion to Dismiss, dismissing without prejudice 20 Motion to Dismiss. The scheduling conference is rescheduled to February 3, 2006 at 3:00pm. Signed by Judge Joel B. Rosen on 12/12/05. (sb) (Entered: 12/13/2005)
43 Mail Returned as Undeliverable. Mail sent to PATRICK KELLY, EDWARD LOPEZ, FRED MOSLEY, and STEVEN UNRUH (sb) (Entered: 12/30/2005)
44 CONSENT ORDER extending time until February 10, 2006 for defendants McGreevey and Codey to file an answer. Signed by Judge Joel B. Rosen on 1/9/06. (sb) (Entered: 01/09/2006)
46 ORDER for Consolidation. ORDERED that 05cv63 and 05cv3699 be consolidated for all purposes under 05cv63. Signed by Judge Joel B. Rosen on 2/3/06. (sb) (Entered: 02/06/2006)

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47 SCHEDULING ORDER: Status Conference set for 6/2/2006 11:30 AM before Magistrate Judge Joel B. Rosen. Amended Pleadings due by 4/3/2006. Discovery due by 10/30/2006. Signed by Judge Joel B. Rosen on 2/3/06. (sb) (Entered: 02/06/2006)
Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 2/3/2006. (bb, ) (Entered: 02/06/2006)
45 NOTICE by MELVIN CLARK, HOWARD BOOTH, PATRICK KELLY, DONALD RUDD, STEVEN UNRUH (Entry) of Appearance for Attorney Nicole M. Acchione of Trujillo Rodriguez & Richards, LLC (Attachments: # 1 Certificate of Service # 2 Letter to the Court)(RODRIGUEZ, LISA) (Entered: 02/06/2006)
48 STIPULATION of Dismissal by GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY. (KEMBLE, THOMAS) (Entered: 02/09/2006)
49 Mail Returned as Undeliverable. Mail sent to JAMES HILL. No longer housed at Bayside. (sb) (Entered: 02/10/2006)
50 NOTICE of Appearance by NICOLE M. ACCHIONE on behalf of all plaintiffs (Attachments: # 1 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 02/10/2006)
51 Mail Returned as Undeliverable. Mail sent to STEVEN UNRUH (sb) (Entered: 02/15/2006)
52 Mail Returned as Undeliverable. Mail sent to PATRICK KELLY (sb) (Entered: 02/15/2006)
54 Mail Returned as Undeliverable. Mail sent to CASEY FRANKS. (sb) (Entered: 02/16/2006)
55 Mail Returned as Undeliverable. Mail sent to ROBERT BRANIN (sb) (Entered: 02/16/2006)
56 Mail Returned as Undeliverable. Mail sent to DANIEL DURR (sb) (Entered: 02/16/2006)
53 STIPULATION of Dismissal by MAYOR FAZON. (SALVATI, FRANK) (Entered: 02/16/2006)
57 Mail Returned as Undeliverable. Mail sent to JAMES TUTEN (sb) (Entered: 02/17/2006)

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58 NOTICE of Change of Address by CORRI DITTIMUS-BEY (sb) (Entered: 03/20/2006)
59 STIPULATION of Dismissal of Cross Claims filed by Mayor Faison Against Defendant Governor McGreevey and Acting Governor Codey by GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY, GOVERNOR MC GREEVEY, ACTING GOVERNOR CODEY. (KEMBLE, THOMAS) (Entered: 03/21/2006)
60 AMENDED COMPLAINT against CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO, filed by MARK ELLIOTT, MELVIN CLARK, DONALD RUDD, CORRI DITTIMUSBEY. (Attachments: # 1 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 03/31/2006)
61 Letter from Lisa Rodriguez requesting Summons to be issued re 60 Amended Complaint. (sb) (Entered: 03/31/2006)
Summons Issued as to CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY on the Amended Complaint. Days Due - 20. (sb) (Entered: 03/31/2006)
62 ANSWER to Amended Complaint by JOSEPH RIPA, JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO, CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, ERIC TAYLOR, DEPUTY WARDEN LOBERTO, JOSEPH RIPA, ERIC TAYLOR, DEPUTY WARDEN LOBERTO.(GOLDBERG, HOWARD) (Entered: 04/19/2006)
63 AMENDED SCHEDULING ORDER: Status Conference set for 10/23/2006 03:30 PM before Magistrate Judge Joel B. Rosen. Discovery due by 10/30/2006.Signed by Judge Joel B. Rosen on 6/2/06. (sb) (Entered: 06/05/2006)
Minute Entry for proceedings held before Judge Joel B. Rosen : Status Conference held on 6/2/2006. (bb, ) (Entered: 06/05/2006)
64 RE-SCHEDULING ORDER: Status Conference set for 11/1/2006 02:00 PM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 10/11/06. (sb) (Entered: 10/11/2006)

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Judge Joel Schneider added. Judge Joel B. Rosen no longer assigned to case. (gn, ) (Entered: 11/03/2006)
65 CONSENT BRIEFING SCHEDULE AND ORDER. Signed by Judge Jerome B. Simandle on 11/3/06. (sb) (Entered: 11/06/2006)
66 MOTION to Certify Class by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. Responses due by 1/19/2007 (Attachments: # 1 Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Class Certification# 2 Declaration of Nicole M. Acchione, part 1# 3 Declaration of Nicole M. Acchione, part 2# 4 Declaration of Nicole M. Acchione, part 3# 5 Declaration of Nicole M. Acchione, part 4# 6 Text of Proposed Order # 7 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 12/14/2006)
Setting return date as to 66 MOTION to Certify Class for 2/16/2007 before Judge Jerome B. Simandle. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 12/15/2006)
67 AMENDED SCHEDULING ORDER:Telephone Status Conference set for 1/11/2007 12:00 PM before Magistrate Judge Joel Schneider. Discovery due by 4/30/2007. Signed by Judge Joel Schneider on 12/15/06. (sb) (Entered: 12/15/2006)
68 AMENDED SCHEDULING ORDER: Status/Settlement Conference set for 5/3/2007 03:00 PM before Magistrate Judge Joel Schneider.Signed by Judge Joel Schneider on 1/11/07. (sb) (Entered: 01/12/2007)
Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 1/11/2007. (bb, ) (Entered: 01/16/2007)
69 AMENDED CONSENT BRIEFING SCHEDULE AND ORDER. Signed by Judge Jerome B. Simandle on 1/25/07. (sb) (Entered: 01/26/2007)
70 BRIEF in Opposition re 66 MOTION to Certify Class filed by JOSEPH RIPA, CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, ERIC TAYLOR, DEPUTY WARDEN LOBERTO. (GOLDBERG, HOWARD) (Entered: 02/09/2007)
CLERK'S QUALITY CONTROL MESSAGE: The Brief, document number 70, submitted by H. GOLDBERG on 2/9/07 did not contain a signature. PLEASE RESUBMIT THE BRIEF WITH THE PROPER

02/15/2007
02/23/2007
03/01/2007 03/07/2007 03/15/2007 03/22/2007 04/26/2007
04/30/2007 05/01/2007

ELECTRONIC OR SCANNED SIGNATURE WITHIN 3 BUSINESS DAYS. This submission will remain on the docket unless otherwise ordered by the Court. (sb) (Entered: 02/15/2007)
71 BRIEF in Opposition re 66 MOTION to Certify Class filed by JOSEPH RIPA, CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, ERIC TAYLOR, DEPUTY WARDEN LOBERTO. (GOLDBERG, HOWARD) (Entered: 02/15/2007)
72 BRIEF in Support re 66 MOTION to Certify Class Plaintiffs' Memorandum of Law in Further Support of their Motion filed by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. (Attachments: # 1 Exhibit A to Plaintiffs' Memorandum of Law in Further Support of their Motion for Class Certification# 2 Declaration of Nicole M. Acchione# 3 Certificate of Service# 4 Cover Letter)(ACCHIONE, NICOLE) (Entered: 02/23/2007)
73 Letter from Magistate Joel Schneider. (db, ) (Entered: 03/01/2007)
74 AMENDED SCHEDULING ORDER AND ORDER ON INFORMAL APPLICATION: Status/Settlement Conference set for 6/4/2007 11:00 AM before Magistrate Judge Joel Schneider.Signed by Judge Joel Schneider on 3/7/07. (sb) (Entered: 03/15/2007)
75 AMENDED SCHEDULING ORDER AND ORDER ON INFORMAL APPLICATION: Status/Settlement Conference set for 6/4/2007 11:00 AM before Magistrate Judge Joel Schneider.Signed by Judge Joel Schneider on 3/15/07. (sb) (Entered: 03/19/2007)
76 Mail Returned as Undeliverable. Mail sent to CORRI DITTIMUS-BEY (db, ) (Entered: 03/23/2007)
77 Minute Entry for proceedings held before Judge Jerome B. Simandle : Motion Hearing held on 4/26/2007 re 66 MOTION to Certify Class filed by MARK ELLIOTT, MELVIN CLARK, CORRI DITTIMUSBEY, DONALD RUDD. Ordered decision reserved. (Court Reporter Lisa Marcus.) (sb) (Entered: 04/27/2007)
A Telephone Conference call has been scheduled for May 1, 2007 at 11:30am. (bb, ) (Entered: 04/30/2007)
78 AMENDED SCHEDULING ORDER: Status Conference set for 8/7/2007 at 02:00 PM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 05/01/07. (db, ) (Entered: 05/01/2007)

05/01/2007 05/29/2007 07/31/2007 07/31/2007 08/07/2007 08/08/2007 09/17/2007
09/17/2007 09/18/2007
09/18/2007
10/12/2007

Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 5/1/2007. (bb, ) (Entered: 05/02/2007)
79 LETTER ORDER. Signed by Judge Joel Schneider on 5/29/07. (db, ) (Entered: 05/29/2007)
80 OPINION filed. Signed by Judge Jerome B. Simandle on 7/31/07. (gn, ) (Entered: 07/31/2007)
81 ORDER GRANTED 66 Motion to Certify Class. Signed by Judge Jerome B. Simandle on 7/31/07. (gn, ) (Entered: 07/31/2007)
Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 8/7/2007. (bb, ) (Entered: 08/08/2007)
82 LETTER ORDER TO COUNSEL re Status Conference of 8/7/07: Inperson Conference set for 10/23/2007 11:30 AM before Magistrate Judge Joel Schneider. Signed by Judge Joel Schneider on 8/8/07. (gn ) (Entered: 08/08/2007)
83 BRIEF in Support of Unopposed Motion for Approval of Form of Class Notice and Manner of Dissemination filed by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. (Attachments: # 1 Plaintiffs' Memorandum of Law in Support of Unopposed Motion for Approval of Form of Class Notice and Manner of Dissemination# 2 Text of Proposed Order # 3 Certificate of Service # 4 Letter to the Court)(ACCHIONE, NICOLE) (Entered: 09/17/2007)
MOTION for Approval of Form of Class Notice and Manner of Dissemination see 83 for documents by CORRI DITTIMUS-BEY. Clerk's Note Entry made for computer purposes.(th, ) (Entered: 09/18/2007)
CLERK'S QUALITY CONTROL MESSAGE: Document # 83 filed by N. Acchione on 9/17/07 was submitted as a brief and not a motion. The Clerk's Office has remedied the problem. In the future please use an event in the Motion menu when filing a motion. (th, ) (Entered: 09/18/2007)
Set Returnable Date as to MOTION for Approval of Form of Class Notice and Manner of Dissemination re 83 Brief for 10/19/2007 before Judge Jerome B. Simandle. Please be advised the motion will be decided on the papers unless otherwise notified by the Court. (th, ) (Entered: 09/18/2007)
Minute Entry for proceedings held before Judge Joel Schneider : Status Conference held on 10/12/2007. (bb, ) (Entered: 10/16/2007)

10/17/2007 10/23/2007 10/26/2007 12/21/2007
12/21/2007
12/24/2007

84 Letter from Howard L. Goldberg, Esq.. (GOLDBERG, HOWARD) (Entered: 10/17/2007)
85 Letter from Plaintiffs to Honorable Simandle Submitting Revised Proposed Order Approving the Form of Class Notice and Manner of Dissemination. (Attachments: # 1 Revised Proposed Order Approving the Form of Class Notice and Manner of Dissemination)(ACCHIONE, NICOLE) (Entered: 10/23/2007)
86 ORDER GRANTED [] Motion for Approval of Form of Class Notice and Plan for Dissemination of Class Notice. Signed by Judge Jerome B. Simandle on 10/26/07. (gn) (Entered: 10/29/2007)
87 MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. (Attachments: # 1 Memorandum of Law in Support of Unopposed Motion to Approve Interim Consent Decree and for 120-Day Stay of Litigation# 2 Declaration of Nicole M. Acchione in Support of Plaintiffs' Unopposed Motion for Approval of Interim Consent Decree# 3 Declaration of Nicole M. Acchione, Part 2# 4 Declaration of Nicole M. Acchione, Part 3# 5 [Proposed] Order Approving Interim Consent Decree and Staying Litigation for a Period of 120Days# 6 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 12/21/2007)
Setting Deadlines as to 87 MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation. Motion returnable for 1/18/2008 before Judge Jerome B. Simandle. (Please be advised the motion will be dedided on the papers unless otherwise notified by the court) (gn ) (Entered: 12/26/2007)
88 Letter from Counsel for Plaintiffs attaching another copy of Nicole M. Acchione's Declaration with signature page of Howard Goldberg re 87 MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation MOTION (Unopposed) for Approval of Interim Consent Decree and 120-Day Stay of Litigation. (Attachments: # 1 Declaration of Nicole M. Acchione, part 1# 2 Declaration of Nicole M. Acchione, part 2# 3 Declaration of Nicole M. Acchione, part 3)(ACCHIONE, NICOLE) (Entered: 12/24/2007)

01/11/2008 01/22/2008 05/15/2008 05/15/2008
06/17/2008
06/25/2008 08/13/2008 08/15/2008 09/08/2008 10/20/2008

89 Letter from Counsel Submitted Jointly in Response to Court's Request for More Information Concerning the Interim Consent Decree. (ACCHIONE, NICOLE) (Entered: 01/11/2008)
90 ORDER GRANTED 87 Motion approving Interim Consent Decree and Staying Litigation for a period of 120 Days.Signed by Judge Jerome B. Simandle on 1/22/2008. (gn ) (Entered: 01/23/2008)
91 Letter from Howard L. Goldberg, Esq.. (GOLDBERG, HOWARD) (Entered: 05/15/2008)
CLERKS QUALITY CONTROL MESSAGE - The Letter to Judge Simandle, Doc. 91 submitted by H.Goldberg, Esq. on 5/15/2008 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorneys Name.) This submission will remain on the docket unless otherwise ordered by the court. (gn) (Entered: 05/16/2008)
92 Letter from Counsel (Joint Submission) Requesting An In-Person Status/Settlement Conference to Discuss the Status of the Parties' Ongoing Settlement Negotiations. (Attachments: # 1 Exhibit A - Jail Capacity Final Report, # 2 Exhibit B - Jail Staffing Final Report)(ACCHIONE, NICOLE) (Entered: 06/17/2008)
93 LETTER MEMORANDUM IN SUPPORT OF MOTION FOR INJUNCTIVE RELIEF from Salahuddin F. Smart. (js) (Entered: 06/26/2008)
94 Letter from Nicole M. Acchione. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit B (Part II), # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit C (Part II))(ACCHIONE, NICOLE) (Entered: 08/13/2008)
95 Minute Entry for proceedings held before Judge Jerome B. Simandle: Telephone Status Conference held on 8/15/2008. (Court Reporter None) (js) (Entered: 08/18/2008)
96 NOTICE of Change of Address by LISA J. RODRIGUEZ (Attachments: # 1 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 09/08/2008)
97 Letter from Plaintiffs' Counsel (joint submission) attaching [Proposed] Order Extending Stay of Litigation. (Attachments: # 1 [Proposed] Order Extending Stay of Litigation)(ACCHIONE, NICOLE) (Entered: 10/20/2008)

11/03/2008

98 ORDER Extending Stay of Litigation until 4/30/09, etc. Status Conference scheduled for 5/11/09 @ 2:00 pm in courtroom 4A. Signed by Judge Jerome B. Simandle on 11/3/08. (th, ) (Entered: 11/06/2008)

11/25/2008

99 LETTER ORDER addressed to Counsel, Re: Letter dated 11/19/08 by Brian Hamilton. Signed by Judge Jerome B. Simandle on 11/25/08. (js) (Entered: 11/26/2008)

12/03/2008

100 NOTICE by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY of Withdrawal of Appearance for R. Andrew Santillo (Attachments: # 1 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 12/03/2008)

12/05/2008 101 Letter from Counsel for Plaintiffs and Defendants Responding to Your Honor's Letter Dated November 25, 2008 re 99 Order. (RODRIGUEZ, LISA) (Entered: 12/05/2008)

05/01/2009 102 Letter from Lisa J. Rodriguez to Honorable Jerome B. Simandle updating the Court on the status of the litigation. (RODRIGUEZ, LISA) (Entered: 05/01/2009)

07/09/2009

103 Minute Entry for proceedings held before Judge Jerome B. Simandle: Settlement Conference not on the record held on 7/9/2009. (Court Reporter None) (js) (Entered: 07/13/2009)

07/23/2009 104 Minute Entry for proceedings held before Judge Jerome B. Simandle: Settlement Conference held on 7/23/2009. (js) (Entered: 07/27/2009)

07/30/2009

105 NOTICE by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY (Attachments: # 1 Brief In Support of Unopposed Motion To Approve Second Consent Decree, # 2 Second Consent Decree, # 3 Exhibit A to Second Consent Decree, # 4 Exhibit B to Second Consent Decree, # 5 Exhibit C to Second Consent Decree, # 6 Exhibit D to Second Consent Decree, # 7 Exhibit E to Second Consent Decree, # 8 Text of Proposed Order Approving Second Consent Decree, # 9 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 07/30/2009)

07/31/2009

106 MOTION PlaintiffsUnopposed Motion for Approval of Second Consent Decree by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. (Attachments: # 1 Plaintiffs Notice of Unopposed Motion for Approval of Second Consent Decree, # 2 Second Consent Decree with attached Exhibits, # 3 Exhibit A to Second Consent Decree, # 4 Exhibit B to Second Consent Decree, # 5 Exhibit C to Second Consent Decree, # 6 Exhibit D to Second Consent Decree, # 7 Exhibit E to Second Consent Decree, # 8 Text of

Proposed Order Approving Second Consent Decree, # 9 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 07/31/2009)

07/31/2009

Setting Deadlines as to 106 MOTION Plaintiffs Unopposed Motion for Approval of Second Consent Decree. Motion set for 9/8/2009 before Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (js) (Entered: 07/31/2009)

08/18/2009

107 Minute Entry for proceedings held before Judge Jerome B. Simandle: Settlement Conference held on 8/18/2009. (Court Reporter/Recorder None) (js) (Entered: 08/18/2009)

08/19/2009

108 SETTLEMENT AGREEMENT by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY. (Attachments: # 1 Exhibit A to Second Consent Decree, # 2 Exhibit B to Second Consent Decree, # 3 Exhibit C to Second Consent Decree, # 4 Exhibit D to Second Consent Decree, # 5 Exhibit E to Second Consent Decree)(ACCHIONE, NICOLE) (Entered: 08/19/2009)

08/19/2009

109 Minute Entry for proceedings held before Judge Jerome B. Simandle: Motion Hearing held on 8/19/2009 re 106 MOTION Plaintiffs Unopposed Motion for Approval of Second Consent Decree filed by MARK ELLIOTT, MELVIN CLARK, CORRI DITTIMUS-BEY, DONALD RUDD. Motion granted. Consent Degree Approved. Order to be entered. Pltf. are permitted to enter fee application within 30 days. Status Conference set for 10/15/09 at 2:00pm. (Court Reporter Lisa Marcus) (js) (Entered: 08/19/2009)

08/20/2009

110 ORDER APPROVING SECOND CONSENT DECREE, granting 106 Motion and setting a status conf. on 10/15/09 at 2:00pm. Signed by Judge Jerome B. Simandle on 8/20/09. (js) (Entered: 08/20/2009)

09/11/2009

111 NOTICE by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUS-BEY Plaintiffs Notice of Unopposed Motion for Approval of Counsel Fees (Attachments: # 1 Memo of Law in Support of Plaintiffs' Unopposed Motion To Appove Counsel Fees, # 2 Declaration of Nicole M. Acchione, # 3 Exhibit A-C to Declaration of Nicole M. Acchione, # 4 Exhibit D of Declaration of Nicole M. Acchione, # 5 Text of Proposed Order, # 6 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 09/11/2009)

09/11/2009

112 MOTION for Attorney Fees Memorandum of Law in Support of Plaintiffs' Unopposed Motion to Approve Counsel Fees by MELVIN CLARK, MARK ELLIOTT, DONALD RUDD, CORRI DITTIMUSBEY. (Attachments: # 1 Declaration of Nicole M Acchione, # 2 Exhibit

A-C to Nicole M Acchione Declaration, # 3 Exhibit D to Nicole M Acchione Declaration, # 4 Notice of Unopposed Motion For Approval of Counsel Fees, # 5 Text of Proposed Order, # 6 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 09/11/2009)

09/11/2009

Setting Deadlines as to 112 MOTION for Attorney Fees Memorandum of Law in Support of Plaintiffs' Unopposed Motion to Approve Counsel Fees. Motion set for 10/5/2009 before Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (js) (Entered: 09/11/2009)

10/05/2009 113 ORDER granting 112 Motion for Attorney Fees. Signed by Judge Jerome B. Simandle on 10/5/09. (js) (Entered: 10/06/2009)

10/15/2009

114 Minute Entry for proceedings held before Judge Jerome B. Simandle: Status Conference held on 10/15/2009. Not on the Record. (Court Reporter/ None) (js) (Entered: 10/19/2009)

07/29/2010 115 LETTER addressed to Counsel re: Status of Case. Status Conference set for 8/17/2010 at 2:00 pm. Signed by Judge Jerome B. Simandle on 7/29/2010. (drw, ) (Entered: 07/30/2010)

08/04/2010 116 Letter from Nicole M. Acchione re: Status Conference. (ACCHIONE, NICOLE) (Entered: 08/04/2010)

11/24/2010 117 Letter from Nicole M. Acchione, Esq. re: Final Consent Decree. (ACCHIONE, NICOLE) (Entered: 11/24/2010)

12/14/2010

118 MOTION for Settlement Plaintiffs Unopposed Motion for Approval of Third Consent Decree by MELVIN CLARK, CORRI DITTIMUSBEY, MARK ELLIOTT, DONALD RUDD. (Attachments: # 1 Brief, # 2 Third Consent Decree, # 3 Exhibit A to Third Consent Decree, # 4 Exhibit B to Third Consent Decree, # 5 Exhibit C to Third Consent Decree, # 6 Exhibit D to Third Consent Decree, # 7 Exhibit E to Third Consent Decree, # 8 Exhibit F to Third Consent Decree, # 9 Exhibit G to Third Consent Decree, # 10 Text of Proposed Order, # 11 Certificate of Service, # 12 Letter to Honorable Jerome B. Simandle)(ACCHIONE, NICOLE) (Entered: 12/14/2010)

12/14/2010

Set Deadlines as to 118 MOTION for Settlement Plaintiffs Unopposed Motion for Approval of Third Consent Decree. Motion set for 1/18/2011 before Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) (Entered: 12/15/2010)

03/02/2011 119 NOTICE by MELVIN CLARK, CORRI DITTIMUS-BEY, MARK ELLIOTT, DONALD RUDD Of Unopposed Motion For Approval Of

Amended Third Consent Decree (Attachments: # 1 Brief In Support of Unopposed Motion To Approve Amended Third Consent Decree, # 2 Ameded Third Consent Decree, # 3 Exhibit A - C to the Third Consent Decree, # 4 Exhibit D to the Third Consent Decree, # 5 Exhibit E-G to the Third Consent Decree, # 6 Text of Proposed Order, # 7 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 03/02/2011)

03/02/2011

CLERK'S QUALITY CONTROL MESSAGE - The Unopposed Motion For Approval Of Amended Third Consent Decree- DOC #119 filed by N. ACCHIONE on 3/2/2011 was submitted incorrectly as a NOTICE. Please RESUBMIT this Motion using the event *MISCELLANEOUS RELIEF* found under the *MOTIONS* menu. This submission will remain on the docket unless otherwise ordered by the court. (drw, ) (Entered: 03/02/2011)

03/02/2011

120 MOTION For Approval Of Amended Third Consent Decree by MELVIN CLARK, CORRI DITTIMUS-BEY, MARK ELLIOTT, DONALD RUDD. (Attachments: # 1 Brief In Support of Unopposed Motion to Approve Amended Third Consent Decree, # 2 Amended Third Consent Decree, # 3 Exhibit A-C of the Third Consent Decree, # 4 Exhibit D of the Third Consent Decree, # 5 Exhibit E-G of the Third Consent Decree, # 6 Text of Proposed Order, # 7 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 03/02/2011)

03/02/2011

Set Deadlines as to 120 MOTION For Approval Of Amended Third Consent Decree. Motion set for 4/4/2011 before Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) (Entered: 03/03/2011)

03/04/2011 121 ORDER APPROVING AMENDED THIRD CONSENT DECREE. Signed by Judge Jerome B. Simandle on 3/4/2011. (drw, ) (Entered: 03/04/2011)

04/04/2011 122 Letter from Nicole M. Acchione. (ACCHIONE, NICOLE) (Entered: 04/04/2011)

05/27/2011 123 Letter from Nicole M. Acchione regarding the status conference. (ACCHIONE, NICOLE) (Entered: 05/27/2011)

06/24/2011

Set Hearings: Status Conference set for 7/7/2011 03:00 PM in Camden - Courtroom 4A before Judge Jerome B. Simandle. (mb, ) (Entered: 06/24/2011)

07/08/2011 124 Minute Entry for proceedings held before Judge Jerome B. Simandle: Status Conference held on 7/8/2011. (drw, ) (Entered: 07/11/2011)

07/11/2011 125 ORDERED that Counsel shall appear for a STATUS CONFERENCE on 10/20/2011 @ 9:30 AM in Courtroom 4A. Signed by Judge Jerome B. Simandle on 7/11/2011. (drw, ) (Entered: 07/12/2011)

10/17/2011 126 Letter from Nicole M. Acchione, Esq. re: requesting an adjournment. (ACCHIONE, NICOLE) (Entered: 10/17/2011)

10/24/2011

127 ORDERED that counsel shall appear for a Status Conference on Thursday, November 21, 2011 at 9:30 A.M. in Courtroom 4A. Signed by Judge Jerome B. Simandle on 10/24/2011. (drw, ) (Entered: 10/25/2011)

11/21/2011 128 Minute Entry for proceedings held before Judge Jerome B. Simandle: Status Conference held on 11/21/2011. (Court Reporter/Recorder NONE.) (drw, ) (Entered: 11/21/2011)

11/21/2011

129 ORDER setting a Telephone Status Conference for 12/2/2011 @ 3:30 PM. Signed by Magistrate Judge Joel Schneider on 11/21/2011. (drw, ) (Entered: 11/22/2011)

12/02/2011 130 Minute Entry for proceedings held before Judge Jerome B. Simandle: Telephone Conference held on 12/2/2011. (drw, ) (Entered: 12/05/2011)

12/16/2011 131 Letter from Nicole M. Acchione regarding status update. (ACCHIONE, NICOLE) (Entered: 12/16/2011)

01/26/2012 132 Letter from STEVEN GROHS re: Status of Case. Docket Sheet sent. (Attachments: # 1 Returned Mail sent to Ms. Rodriguez/Acchione)(drw) (Entered: 01/26/2012)

03/27/2012 133 Letter from Nicole M. Acchione, Esq. to Judge Simandle re: status update. (ACCHIONE, NICOLE) (Entered: 03/27/2012)

10/10/2012

134 MOTION Unopposed Motion for Preliminary Approval of the Fourth and Final Consent Decree by MELVIN CLARK, CORRI DITTIMUSBEY, DONALD RUDD. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Final Consent Decree, # 6 Text of Proposed Order, # 7 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 10/10/2012)

10/10/2012

Set Deadlines as to 134 MOTION Unopposed Motion for Preliminary Approval of the Fourth and Final Consent Decree . Motion set for 11/5/2012 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (drw) (Entered: 10/10/2012)

12/18/2012 135 Letter from Plaintiffs Counsel. (Attachments: # 1 Text of Proposed Order)(RODRIGUEZ, LISA) (Entered: 12/18/2012)

12/21/2012

136 Letter from Nicole M. Acchione, Esq. re: amended Order for Preliminary Approval of the Final Consent Decree and amended Notice of Class Action Settlement. (Attachments: # 1 amended Order for Preliminary Approval, # 2 amended Notice of Class Action Settlement)(ACCHIONE, NICOLE) (Entered: 12/21/2012)

12/26/2012

137 ORDERED that Pltf's 134 Motion is GRANTED & the Final Consent Decree is hereby preliminarily approved, etc. Signed by Chief Judge Jerome B. Simandle on 12/21/2012. (drw) (Entered: 12/26/2012)

01/11/2013 138 Letter from NICOLE M. ACCHIONE re: Correspondence received. (drw) (Entered: 01/15/2013)

01/15/2013 139 Letter from Nicole M. Acchione. (Attachments: # 1 Postcards)(ACCHIONE, NICOLE) (Entered: 01/15/2013)

01/28/2013 140 Letter from Nicole M. Acchione. (Attachments: # 1 Letter from Reginald Brown)(RODRIGUEZ, LISA) (Entered: 01/28/2013)

02/04/2013 141 Letter from Lisa J. Rodriguez, Esq. requesting adjournment of the fairness hearing. (RODRIGUEZ, LISA) (Entered: 02/04/2013)

02/08/2013

142 ORDERED that the fairness hearing set for 2/27/2013 is ADJOURNED, ETC. ORDERED that the parties request for an extension of 60 days to monitor developments and population size at the Camden County Correctional Facility is GRANTED, etc. The briefing schedule set forth in 137 order is SUSPENDED. Status Conference set for 4/9/2013 @ 9:30 AM. Signed by Chief Judge Jerome B. Simandle on 2/8/2013. (drw) (Entered: 02/08/2013)

04/05/2013 143 Letter from Lisa J. Rodriguez re: Status Update. (RODRIGUEZ, LISA) (Entered: 04/05/2013)

04/10/2013

144 ORDER: Telephone Status Conference set for 5/3/2013 @ 1:30 PM before Chief Judge Jerome B. Simandle. Signed by Chief Judge Jerome B. Simandle on 4/10/2013. (drw) Modified on 4/12/2013 to correct judge (drw). (Entered: 04/11/2013)

07/08/2013 145 Letter from Howard L. Goldberg, First Assistant County Counsel requesting telephone conference be rescheduled. (GOLDBERG, HOWARD) (Entered: 07/08/2013)

07/08/2013 146 Letter from Howard L. Goldberg, First Assistant County Counsel confirming Telephone Status Conference re-scheduled for July 29, 2013 at 9:30 a.m.. (GOLDBERG, HOWARD) (Entered: 07/08/2013)

07/29/2013 147 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Status Conference held on 7/29/2013(Not on the Record). (Court Reporter/ None) (js) (Entered: 07/31/2013)

08/20/2013

148 SEALING ORDER permitting parties to file their submissions relating to a forthcoming County personnel decision UNDER SEAL. Signed by Chief Judge Jerome B. Simandle on 8/20/2013. (drw) (Entered: 08/20/2013)

08/20/2013 149 NOTICE by CORRI DITTIMUS-BEY of Change of Firm Affiliation (ACCHIONE, NICOLE) (Entered: 08/20/2013)

08/20/2013

150 NOTICE by MELVIN CLARK, CORRI DITTIMUS-BEY, MARK ELLIOTT, DONALD RUDD of Change of Firm Affiliation (RODRIGUEZ, LISA) (Entered: 08/20/2013)

08/20/2013 151 Letter from Nicole M. Acchione regarding County personnel decision. (ACCHIONE, NICOLE) (Entered: 08/20/2013)

10/24/2013 152 Letter from Nicole Acchione, Esquire to Judge Simandle re Status Update. (ACCHIONE, NICOLE) (Entered: 10/24/2013)

11/04/2013 153 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Telephone Status Conference held on 11/4/2013. (Court Reporter/Recorder NONE.) (drw) (Entered: 11/06/2013)

11/07/2013

154 Letter from HOWARD L. GOLDBERG re: Camden County's position re. the appointment of Brian Jacobs as Jail Population Manager, etc. (drw) (Entered: 11/13/2013)

11/12/2013 155 MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 11/12/2013. (drw) (Entered: 11/13/2013)

11/12/2013

156 ORDER lifting the seal on Pltfs' 151 submission re. the County personnel decision. The continuation of Lisa M. Rodriguez as Class Counsel is consistent with the Rules of Professional Conduct and the obligations of adequate class counsel under Rule 23(g), Fed. R. Civ. P. Signed by Chief Judge Jerome B. Simandle on 11/12/2013. (drw) (Entered: 11/13/2013)

01/31/2014 157 Letter from Nicole M. Acchione Reporting on Status of Jail's Population. (ACCHIONE, NICOLE) (Entered: 01/31/2014)

02/04/2014 158 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Status Conference held on 2/4/2014. (Court Reporter: None) (js) (Entered: 02/07/2014)

04/08/2014 159 Letter from Nicole Acchione to Judge Simandle Enclosing Jail Population Manager's Report and Attachments. (ACCHIONE, NICOLE) (Entered: 04/08/2014)

04/10/2014

160 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Status Conference held on 4/10/2014. (Court Reporter/Recorder NONE.) (drw) (Entered: 04/10/2014)

05/20/2014 161 Letter from Nicole M. Acchione to Judge Simandle Confirming Status Conference on June 5, 2014. (ACCHIONE, NICOLE) (Entered: 05/20/2014)

06/05/2014

162 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Status Conference held on 6/5/2014. (Court Reporter/Recorder Lisa Marcus.) (drw) (Entered: 06/06/2014)

09/17/2014 163 Letter from Nicole Acchione to Judge Simandle confirming that status conference rescheduled to 09/24/14. (ACCHIONE, NICOLE) (Entered: 09/17/2014)

09/24/2014

164 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Telephone Status Conference held on 9/24/2014. Ordered Telephone Status Conference set for 11/5/2014 @ 4:00 PM. (Court Reporter/Recorder NONE.) (drw) (Entered: 09/25/2014)

10/27/2014

165 Letter from NICOLE M. ACCHIONE requesting the 11/5/2014 telephone status conference be rescheduled. (drw) (Entered: 10/27/2014)

10/27/2014 166 Letter from Nicole M. Acchione to Judge Simandle Confirming Status Conference on 11/18/14. (ACCHIONE, NICOLE) (Entered: 10/27/2014)

11/18/2014

167 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Telephone Status Conference held on 11/18/2014. (Court Reporter/Recorder NONE.) (drw) (Entered: 11/19/2014)

11/19/2014

168 ORDER directing Pltf to file their motion for preliminary approval of a proposed final consent decree by 12/23/2014, to be returnable 1/20/2015. Signed by Chief Judge Jerome B. Simandle on 11/19/2014. (drw) (Entered: 11/19/2014)

12/23/2014

169 MOTION for Settlement For Preliminary Approval of Final Consent Decree by CORRI DITTIMUS-BEY. (Attachments: # 1 Brief In Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit Final Consent Decree, # 6 Text of Proposed Order, # 7 Certificate of Service)(ACCHIONE, NICOLE) (Entered: 12/23/2014)

12/23/2014

Set Deadlines as to 169 MOTION for Settlement For Preliminary Approval of Final Consent Decree. Motion set for 1/20/2015 before Chief Judge Jerome B. Simandle. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, ) (Entered: 12/23/2014)

01/16/2015

170 Letter from Nicole M. Acchione to Judge Simandle Withdrawing Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement re 169 MOTION for Settlement For Preliminary Approval of Final Consent Decree. (ACCHIONE, NICOLE) (Entered: 01/16/2015)

01/26/2015 171 Letter from Nicole M. Acchione to Judge Simandle. (ACCHIONE, NICOLE) (Entered: 01/26/2015)

01/26/2015

172 LETTER addressed to Counsel in reply to the #170 and #171 Letters of Ms. Acchione. Plaintiff's 169 Motion for Preliminary Approval of Settlement will be deemed WITHDRAWN. The Court requests a response from Camden County within 10 days, etc.. Signed by Chief Judge Jerome B. Simandle on 1/26/2015. (TH, ) (Entered: 01/26/2015)

02/06/2015 173 Letter from Howard L. Goldberg, First Assistant County Counsel. (GOLDBERG, HOWARD) (Entered: 02/06/2015)

03/09/2015

174 Letters from TERRELL D. KORNLEGUY, LOIS ZUMBA, JOSEPH WATSON, MICHAEL PARKER, AND RODGER WOELLER re. Requests to be included in this civil action. (drw) (Entered: 03/10/2015)

03/20/2015 176 Letter from ALEXANDER COTTO re. Request to be included in this Civil Action. (drw) (Entered: 03/24/2015)

03/20/2015 177 Letter from DANIEL C. MORGAN re. Request to be included in this Civil Action. (drw) (Entered: 03/24/2015)

03/24/2015 175 LETTER addressed to Counsel re. Letters from inmates at Camden County Correctional Facility. Signed by Chief Judge Jerome B. Simandle on 3/23/2015. (drw) (Entered: 03/24/2015)

03/30/2015

178 LETTER addressed to Counsel re. follow up to the 175 Letter. Signed by Chief Judge Jerome B. Simandle on 3/27/2015. (drw) (Entered: 03/30/2015)

03/31/2015 179 Letter from TAUREAN I. JOHNSON. (drw) (Main Document 179 replaced on 7/24/2017) (aji). (Entered: 03/31/2015)

04/06/2015 180 Letter from SATURNINO NIEVES requesting to be added to this matter. (drw) (Entered: 04/09/2015)

05/05/2015 181 LETTER addressed to Counsel re. Inmate Letters. Signed by Chief Judge Jerome B. Simandle on 5/5/2015. (drw) (Entered: 05/05/2015)

06/01/2015

182 LETTER addressed to Counsel re. letter from an inmate at the Camden County Correctional Facility. Signed by Chief Judge Jerome B. Simandle on 6/1/2015. (drw) (Entered: 06/01/2015)

06/15/2015 183 LETTER addressed to Counsel re. letter from an inmate at the CCCF. Signed by Chief Judge Jerome B. Simandle on 6/12/2015. (drw) (Entered: 06/15/2015)

06/23/2015

184 LETTER addressed to Counsel re. letter from an inmate at the CCCF. Signed by Chief Judge Jerome B. Simandle on 6/23/2015. (drw) (Entered: 06/23/2015)

07/01/2015 185 Letter from Nicole M. Acchione o/b/o All Parties to Judge Simandle re: Status Update. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ACCHIONE, NICOLE) (Entered: 07/01/2015)

07/08/2015 186 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney NICOLE M. ACCHIONE terminated. (ACCHIONE, NICOLE) (Entered: 07/08/2015)

07/10/2015 187 ORDER finding that the Notice of Litigation Update attached hereto should be posted in each cell block by 8/15/2015, etc. Signed by Chief Judge Jerome B. Simandle on 7/10/2015. (drw) (Entered: 07/10/2015)

07/14/2015 188 LETTER addressed to Counsel, Re: Letters from Inmates. Signed by Chief Judge Jerome B. Simandle on 7/14/15. (js) (Entered: 07/15/2015)

07/20/2015 189 LETTER addressed to Counsel re: letter from an inmate at the CCCF. Signed by Chief Judge Jerome B. Simandle on 7/20/2015. (tf, ) (Entered: 07/20/2015)

08/18/2015 190 LETTER addressed to Counsel re. letter from inmate wishing to be included in this matter. Signed by Chief Judge Jerome B. Simandle on 7/27/2015. (drw) (Entered: 08/18/2015)

09/30/2015 191 Letter from Lisa J. Rodriguez to Judge Simandle re status update. (RODRIGUEZ, LISA) (Entered: 09/30/2015)

11/19/2015 192 LETTER addressed to Counsel re. letter received on 11/18/2015 from an inmate requesting to be included in this matter. Signed by Chief Judge Jerome B. Simandle on 11/19/2015. (drw) (Entered: 11/19/2015)

06/06/2016 193 LETTER addressed to Counsel; Re: Letters from inmates. Signed by Chief Judge Jerome B. Simandle on 6/3/2016. (tf, ) (Entered: 06/06/2016)

06/09/2016

194 LETTER addressed to Counsel; Re: Letter from Camden County Correctional Facility inmate. Signed by Chief Judge Jerome B. Simandle on 6/9/2016. (tf, ) (Entered: 06/09/2016)

10/14/2016 195 LETTER addressed to Counsel: Status Conference set for October 21, 2016 at 9:00 A.M. in Courtroom 4A. Signed by Chief Judge Jerome B. Simandle on 10/14/2016. (tf, ) (Entered: 10/14/2016)

10/17/2016

196 Letter from Lisa J. Roriguez to Judge Simandle requesting adjournment of 10-21-17 status conference re 195 Order. (RODRIGUEZ, LISA) (Entered: 10/17/2016)

10/18/2016 197 LETTER addressed to Counsel: Status conference RESCHEDULED to October 27, 2016 at 2:00 P.M. in Courtroom 5A. Signed by Chief Judge Jerome B. Simandle on 10/18/2016. (tf, ) (Entered: 10/18/2016)

10/28/2016

198 STATUS REPORT by CAMDEN COUNTY, CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, DEPUTY WARDEN LOBERTO, JOSEPH RIPA, ERIC TAYLOR. (Attachments: # 1 Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 "Omitted", # 9 Exhibit 8)(GOLDBERG, HOWARD) (Entered: 10/28/2016)

10/31/2016

199 ORDER that any motion for preliminary approval of a class action settlement should be filed by November 18, 2016, or such extension thereof as may be required for good cause shown. Signed by Chief Judge Jerome B. Simandle on 10/28/2016. (tf, ) (Entered: 10/31/2016)

11/15/2016 200 Letter from Plaintiff to Judge Simandle requesting extension of time to file motion for preliminary approval of settlement. (RODRIGUEZ, LISA) (Entered: 11/15/2016)

11/16/2016

201 TEXT ORDER : The Court has received Plaintiff's letter requesting an additional thirty days to submit Plaintiff's motion for preliminary approval of the class action settlement. [Docket Item 200.] For good cause shown and upon consent of both parties the Court will grant Plaintiff's request. The motion is now due no later than December 19,

2016. So Ordered by Chief Judge Jerome B. Simandle on 11/16/16. (mb, ) (Entered: 11/16/2016)

12/19/2016

202 MOTION for Settlement /Preliminary Approval of Sixth and Amended Final Consent Decree by CORRI DITTIMUS-BEY. (Attachments: # 1 Brief, # 2 Exhibit A - Sixth and Amended Final Consent Decree, # 3 Exhibit B - Camden County Pretrial Services Program Monthly Report Dated November 2016, # 4 Exhibit C - Notice of Class Action Settlement, # 5 Text of Proposed Order, # 6 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 12/19/2016)

12/19/2016

Setting Deadlines as to 202 MOTION for Settlement /Preliminary Approval of Sixth and Amended Final Consent Decree. Motion set for 1/17/2017 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (js) (Entered: 12/20/2016)

01/11/2017

203 LETTER addressed to Counsel: The Court will convene a hearing upon the motion of the Class Plaintiffs for preliminary approval of the Amended Final Consent Decree 202 on January 26, 2017 at 9:30 A.M. in Courtroom 4A. Signed by Chief Judge Jerome B. Simandle on 1/10/2017. (tf, ) (Entered: 01/11/2017)

01/11/2017 204 Letter from Plaintiff to Judge Simandle requesting new date for hearing on motion for preliminary approval re 203 Order,. (RODRIGUEZ, LISA) (Entered: 01/11/2017)

01/12/2017

205 TEXT ORDER : Upon request of Plaintiff and with consent of Defendants, and for good cause shown, the hearing previously scheduled by the Court for January 26, 2017 at 9:30 AM [Docket Entry 203] is hereby adjourned to January 30, 2017 at 9:30 AM. So Ordered by Chief Judge Jerome B. Simandle on 1/12/17. (mb, ) (Entered: 01/12/2017)

01/26/2017 206 Letter from Lisa Jr. Rodriguez re 203 Order,. (RODRIGUEZ, LISA) (Entered: 01/26/2017)

01/27/2017 207 Exhibit to 206 Letter by CORRI DITTIMUS-BEY. (RODRIGUEZ, LISA) (Entered: 01/27/2017)

01/27/2017 208 Letter from Plaintiff to Judge Simandle regarding hearing on January 30, 2017. (RODRIGUEZ, LISA) (Entered: 01/27/2017)

01/30/2017 209 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Settlement Conference (Not on the Record) held on 1/30/2017. (tf, ) (Entered: 01/30/2017)

02/06/2017

210 RESPONSE in Support filed by CORRI DITTIMUS-BEY re 202 MOTION for Settlement /Preliminary Approval of Sixth and Amended Final Consent Decree (Attachments: # 1 Exhibit A: Final Consent Decree, # 2 Exhibit B: Notice)(RODRIGUEZ, LISA) (Entered: 02/06/2017)

02/22/2017

211 ORDER granting 202 Motion for preliminary approval of the Sixth and Final Consent Decree; Fairness Hearing to be held before this Court on Tuesday, May 23, 2017 at 10:00 A.M.. The parties' brief in support of final approval of the Settlement, as well as Plaintiffs' Motion for Attorneys' Fees and Award of Class Representative Incentive Awards shall be filed no later than May 15, 2017. Signed by Chief Judge Jerome B. Simandle on 2/21/2017. (tf, ) (Entered: 02/22/2017)

03/29/2017 212 Letter from Julian Petty addressed to Ms.Rodriguez and Mr. Goldberg. (tf, ) (Entered: 03/29/2017)

05/12/2017 213 Letter from Inmate, Kenneth M. Hubbs. (Attachments: # 1 Inmate letter)(GOLDBERG, HOWARD) (Entered: 05/12/2017)

05/15/2017 214 Letter from Lisa J. Rodriguez to Judge Simandle requesting extension to file fee brief. (RODRIGUEZ, LISA) (Entered: 05/15/2017)

05/15/2017

215 MOTION for Settlement -Final Approval of Amended Final Consent Decree by CORRI DITTIMUS-BEY. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Text of Proposed Order, # 4 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 05/15/2017)

05/16/2017

Set/Reset Deadlines as to 215 MOTION for Settlement -Final Approval of Amended Final Consent Decree. Motion set for 5/23/2017 10:00 AM before Chief Judge Jerome B. Simandle. (tf, ) (Entered: 05/16/2017)

05/17/2017

216 TEXT ORDER : The Court is in receipt of Plaintiff's counsel's letter of May 15, 2017 [D.E. 214] requesting an extension to file her brief in support of attorneys' fees. For good cause shown, and with consent of all parties, the Court grants Plaintiff an additional three days to file said brief. So Ordered by Chief Judge Jerome B. Simandle on 5.18.17. (mb, ) (Entered: 05/17/2017)

05/17/2017 217 Exhibit to 215 Motion for Settlement by CORRI DITTIMUS-BEY. (Attachments: # 1 Exhibit Notice of Class Action Settlement)(RODRIGUEZ, LISA) (Entered: 05/17/2017)

05/18/2017

218 MOTION for Attorney Fees and for Incentive Awards to Class Representatives by CORRI DITTIMUS-BEY. (Attachments: # 1 Brief, # 2 Exhibit A - Declaration of Lisa J. Rodriguez, # 3 Exhibit 1 to Declaration of Lisa J. Rodriguez, # 4 Exhibit 2 to Declaration of Lisa J. Rodriguez, # 5 Exhibit 3 to Declaration of Lisa J. Rodriguez (Redacted), # 6 Exhibit 4 to Declaration of Lisa J. Rodriguez (Redacted), # 7 Text of Proposed Order, # 8 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 05/18/2017)

05/18/2017 219 Exhibit to 218 Motion for Attorney Fees, by CORRI DITTIMUS-BEY. (Attachments: # 1 Exhibit Exhibits to Declaration of Lisa J. Rodriguez)(RODRIGUEZ, LISA)

NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal
if the motion is resolved, unless otherwise directed by the Court. (Entered: 05/18/2017)

05/19/2017

Set/Reset Deadlines as to 218 MOTION for Attorney Fees and for Incentive Awards to Class Representatives. Motion set for 6/19/2017 before Chief Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 05/19/2017)

05/23/2017

220 Minute Entry for proceedings held before Chief Judge Jerome B. Simandle: Motion Hearing held on 5/23/2017. Hearing on motion for settlement-final approval of amended final consent decree 215 . Oral Opinion placed on the record. Ordered motion deferred for further submissions. Hearing on motion for attorney fees & incentive awards to class represenatives 219 . Order motion deferred for further submissions. (Court Reporter/Recorder Lisa Marcus.) (tf, ) (Entered: 05/23/2017)

05/24/2017

221 ORDER that Plaintiffs' Counsel shall use best reasonable efforts to locate and serve copies of the proposed Amended Final Consent Decree upon named class representative Plaintiffs Corri Dittimus Bey, Melvin Clark, Donald Rudd, and Mark Elliott within ten (10) days from the entry of this Order; any entry of a final decree in this matter shall be deferred until June 13, 2017. Signed by Chief Judge Jerome B. Simandle on 5/23/2017. (tf, ) (Entered: 05/24/2017)

05/31/2017 222 Transcript of Proceedings held on 5/23/2017, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-

4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (tf, ) (Entered: 05/31/2017)

06/20/2017 223 Letter from Lisa J. Rodriguez. (RODRIGUEZ, LISA) (Entered: 06/20/2017)

06/26/2017 224 Letter from Lisa J. Rodriguez. (RODRIGUEZ, LISA) (Entered: 06/26/2017)

06/30/2017

225 ORDER granting 215 Motion for Settlement; granting 218 Motion for Attorney Fees, etc.; CASE CLOSED. Signed by Judge Jerome B. Simandle on 6/30/17. (js) (Entered: 06/30/2017)

06/30/2017

***Civil Case Terminated*** (js) (Entered: 06/30/2017)

09/13/2017 226 Letter from Plaintiff to Judge Simandle requesting amendment to June 30, 2017 Order. (RODRIGUEZ, LISA) (Entered: 09/13/2017)

09/14/2017

227 MOTION to Deposit Funds by CORRI DITTIMUS-BEY. (Attachments: # 1 Certification of Lisa J. Rodriguez, # 2 Text of Proposed Order, # 3 Certificate of Service)(RODRIGUEZ, LISA) (Entered: 09/14/2017)

09/14/2017

Set/Reset Deadlines as to 227 MOTION to Deposit Funds . Motion set for 10/16/2017 before Judge Jerome B. Simandle. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) (Entered: 09/14/2017)

09/15/2017

228 ORDER granting 227 Motion to Deposit Funds (Finance notified). Signed by Judge Jerome B. Simandle on 9/15/2017. (tf, ) (Entered: 09/15/2017)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CO DITTIMUS BEY, et a/. Plaintiffs,
V.
CAMDEN COUNTY CORRECTIONAL FACILITY, et al.,
Defendants.

CIVIL ACTION NO. 05-cv-0063 (JBS-JS)
ORDER GRANTiNG PRELIMINARY APPROVAL
OF SIXTH AND FINAL CONSENT DECREE

THIS MATTER having come before the Court on Plaintiffs’ Unopposed

Motion for Preliminary Approval of an Amended Final Consent Decree [Docket

Item 202], and the parties’ having entered into the Sixth and Final Consent Decree

[Docket Item 210-1] thereby resolving all claims as to all parties, and the Court

having considered the papers and for good cause shown pursuant to Rule 23(e), Fed.

R. Civ. P.;
IT IS, ON THIS 2

day of

, 2017, ORDERED:

1. Plaintiffs’ Motion is GRANTED and the Sixth and Final Consent

Decree, attached hereto, is hereby preliminarily approved.

2. This Court previously certified this case as a Class Action, pursuant to

Rule 23 (b)(2).

Case 1:05-cv-00063-JBS-JS Document 211 Filed 02/22/17 Page 2 of 24 PageID: 3694
3. The Class is defined as all individuals incarcerated at Camden County Correctional Facility, as either pretrial detainees or as convicted prisoners, from the inception ofthis lawsuit on January 6, 2005, until its termination. A “Class Member” is a person who is within this class definition.
4. The Court preliminarily approves the Sixth and Final Consent Decree of this Action on the terms set forth in the Consent Decree as being fair, reasonable, and adequate, and narrowly tailored to address the claims asserted in the Amended Complaint, subject to further consideration at a fairness hearing to be held before this Court on Tuesday, May 23, 2017 at 10:00 A.M. , in the United States District Court, District of New Jersey, Mitchell H. Cohen U.S. Courthouse, One John F. Gerry Plaza, Fourth and Cooper Streets, Camden, New Jersey, (the “Settlement Fairness Hearing”).
5. Any person wishing to object to the terms of the proposed settlement shall file a written, signed Objection with the Clerk of Court not later than thirty (30) days before the date scheduled for the Settlement Fairness Hearing, that is, not later than April 24, 2017, and the Class Member shall also mail such Objection at that time to Class Counsel Lisa J. Rodriguez, Esq. and to First Assistant County Counsel Howard L. Goldberg, at their addresses listed in the attached Notice of Class Action Settlement. Only Class Members who have timely filed an Objection will be permitted to speak at the final Settlement Fairness Hearing.
2

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6. At the Settlement Fairness Hearing, the Court will determine whether the proposed settlement of this action on the terms and conditions provided for in the Amended Final Consent Decree are fair, reasonable and adequate and should be approved by the Court, and whether Class Counsel’s fees and expenses, as well as class representatives incentive award, should be granted.
7. The Court approves the form, substance, and requirements of the Notice, and finds that the procedures established for publication of such Notice substantially in the manner and form attached hereto constitute the best notice practicable undei- the circumstances and are in full compliance with the notice requirements of due process and Federal Rule of Civil Procedure 23.
8. Defendants shall cause to be posted a copy of a Notice of Class Action Settlement, in the form attached hereto, in each housing unit within the Camden County Correctional Facility, as well as the law library, and also in a public area of the New Jersey Superior Court, Camden County, and upon the Camden County website. The website shall also provide links to relevant documents including this Order, the approved Notice, the Sixth and Final Consent Decree, and the Second and Third Consent Decrees which are incorporated with the Sixth and Final Consent Decree. The Notice shall be posted within twenty (20) days from the date of this Order and shall remain posted for a period of at least thirty (30) days. The
3

Case 1:05-cv-00063-JBS-JS Document 211 Filed 02/22/17 Page 4 of 24 PageID: 3696 parties shall, at or before the Settlement Fairness Hearing, file with the Court proof of distribution of notice.
9. The parties’ brief in support of final approval of the Settlement, as well as Plaintiffs’ Motion for Attorneys’ Fees and Award of Class Representative Incentive Awards shall be filed no later than May 15, 2017.
(
EROME B. SIMANDLE Chief U.S. District Judge
4

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NOTICE OF CLASS ACTION SETTLEMENT
TO: ALL INDIVIDUALS INCARCERATED AT THE CAMDEN COUNTY CORRECTIONAL FACILITY OR WHO HAVE BEEN INCARCERATED AT ANYTIME BETWEEN JANUARY 6, 2005 AND THE PRESENT.
PLEASE READ THIS NOTICE CAREFULLY. THIS NOTICE DESCRIBES THE SETTLEMENT OF A CLASS ACTION CAPTIONED CORRI DITTIMUSBEY, et al. v. ERIC TAYLOR, ET AL., CIVIL ACTION NO. 05-cv-0063 (D.N.J.). THIS NOTICE IS GIVEN TO INFORM YOU THAT THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY HAS PRELIMINARILY APPROVED THE FINAL SETTLEMENT IN THIS MATTER. YOU DO NOT HAVE THE ABILITY TO OPT OUT OF THIS LITIGATION. YOU DO HAVE THE RIGHT TO OBJECT TO THIS PROPOSED SETTLEMENT IF YOU BELIEVE IT IS NOT FAIR, ADEQUATE AND REASONABLE, FOLLOWING THE PROCEDURE FOR SUBMITTING WRITTEN OPPOSITION SET FORTH BELOW UNDER THE PROVISIONS FOR “FAIRNESS HEARING.” YOUR RIGHTS AGAINST CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, FORMER WARDEN ERIC TAYLOR, FORMER DEPUTY WARDEN FRANK LOBERTO AND JOSEPH RIPA (hereinafter “Defendants”) WILL BE AFFECTED BY THIS SETTLEMENT. YOU ARE NOT BEING SUED AND ARE NOT OBLIGATED TO PAY ANY COUNSEL FEES.
YOU WILL NOT RECEIVE ANY MONETARY DAMAGES.
THIS NOTICE IS GIVEN PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23 AND ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, ENTERED BY THE JUDGE IN THIS CLASS ACTION. THE PURPOSES OF THIS NOTICE ARE TO NOTIFY YOU OF THE SETTLEMENT OF THIS LAWSUIT, AND TO INFORM YOU OF YOUR RIGHTS.
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WHAT IS THIS LITIGATION ABOUT?
This is a certified class action challenging the conditions of confinement at Camden County Correctional Facility (“CCCF”). The current Class Representatives are four former inmates of CCCF (referred to in this Notice as “the Plaintiffs”). The certified class is defined as: All individuals incarcerated at the Camden County Correctional Facility, either as pretrial detainees or as convicted prisoners, from the inception of this lawsuit on January 6, 2005 until its termination.
The original complaint in this matter was filed on January 6, 2005. By Order dated November 5, 2006, the Honorable Magistrate Judge Joel Rosen appointed the law firm of Trujillo Rodriguez & Richards, LLC1 as pro bono counsel. On March 31, 2006, Plaintiffs, through their new counsel, filed an Amended Class Action Complaint against CCCF, Camden County Department of Corrections, Camden County, Warden Eric Taylor, former Deputy Warden Frank Loberto and Joseph Ripa. In their Amended Complaint, Plaintiffs alleged that the policies and practices of Defendants have created unconstitutional conditions that both pretrial detainees and convicted prisoners are forced to endure while incarcerated at CCCF. These included overcrowded cells, inadequate sleeping arrangements, and unsanitary meal service. Defendants filed an Answer to Plaintiffs’ Amended Complaint on April 19, 2006.
By Order entered July 31, 2007 the United States District Court for the District of New Jersey certified this case as a Class Action pursuant to Rule 23(b)(2). The Court’s Order states that the Class shall consist of:
All individuals incarcerated at the Camden County Correctional Facility, either as pretrial detainees or as convicted prisoners, from the inception of the lawsuit on January 6, 2005 until its termination.
The class action was not certified for individual damage claims. Plaintiffs have only sought declaratory and injunctive relief. This includes: (i) a court order finding and declaring the CCCF conditions violated the plaintiffs’ constitution rights (declaratory relief); (ii) a court order enjoining the defendants from engaging
1 In July 2013, Lisa J. Rodriguez of Trujillo Rodriguez & Richards joined Schnader Harrison Segal & Lewis, LLP and continues to represent the certified class.
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in actions which violated constitution rights (injunctive relief); and (iii) ordering injunctive relief in the form of measures to address the overcrowding.

Following discovery, the parties engaged in protracted settlement

negotiations with the assistance of several experts, including Pulitzer Bogard &

Associates, Luminosity, Inc., and Urban Engineers. The parties also engaged the

voluntary participation of the Jail Population Reduction Subcommittee, comprised

of representatives from various divisions within the criminal justice system

including the Courts, the Public Defender’s Office, the Prosecutor’s Office, the

Sheriff’s Department, the Jail, and others. Through the combined efforts of the

parties and the Jail Population Reduction Subcommittee, policies and practices

have been implemented that effectively reduced the population. The population is

now managed and actively monitored. For a more detailed understanding of the

various measures put into place through this settlement, please review the Second

and Third Consent Decrees entered in this litigation, copies of which are attached.

Copies are also available on the Camden County website at www.

Through

this settlement, the Defendants have also remediated the air quality in the inmate

cells. Defendants have denied the allegations of the Plaintiffs’ Complaint and this

Settlement does not constitute any admission by the Defendants.

WHY IS THERE A SETTLEMENT?
Any effective, long term solution to the overcrowded conditions at CCCF required the participation of not only the Defendants in this case, but also the participation of various stakeholders within the Camden County criminal justice system, such as the courts, the prosecutor’s office, the public defender and the police. As a result of their participation, through a settlement, the parties were able to implement creative solutions, including the creation of a Pretrial Services Program, designed to address the long term management of the Jail’s population. When the litigation was initiated the jail population was at 1,823, well above the rated capacity of 1,267. Since the implementation of the new programs and the hiring of a permanent Jail Population Manager, the population numbers have been consistently below the rated capacity of CCCF.

WHAT ARE THE TERMS OF THE SETTLEMENT

The Final Consent Decree entered into by the parties includes the following injunctive relief:

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1. The hiring of a Jail Population Manager to monitor, coordinate and efficiently process inmates at the CCCF;
2. The formation of a jail population reduction sub-committee comprised of members of many different entities, including the Camden County Vicinage of the Superior Court, the Camden County Prosecutor’s office, the Camden County Public Defender’s office, and the Jail. The committee is charged with monitoring the jail population and identifying additional opportunities to reduce unnecessary detention;
3. The creation of a Camden County Pretrial Services Agency;
4. Increasing in the number of inmates released on home electronic devices;
5. The creation of additional attorney visitation rooms to provide defense counsel with better access to incarcerated clients;
6. The implementation of a new policy to track inmate bookings to reflect the date and time an inmate was taken into custody;
7. The implementation of proposals to address the issues of elevated CO2 levels at the CCCF.
This list is not exhaustive. A detailed description of the measures put in place through this settlement is contained in the Second and Third Consent Decrees.
CAN I GET OUT OF THE SETTLEMENT?
YOU MAY NOT WITHDRAW OR OPT OUT OF THIS LITIGATION. You do not have the right to exclude yourself from this settlement. The litigation was certified under Federal Rule of Civil Procedure 23(b)(2), meaning that the remedy Plaintiffs’ sought in this litigation was for declaratory and injunctive relief, rather than a monetary award. As a class member in this type of case, you do not have the right to opt out of this settlement.
As a Class Member, you are represented by the Class Representatives and their Counsel, unless you enter an appearance through privately retained Counsel of your own choice (at your own expense). Counsel for the Class is Lisa J. Rodriguez of the law firm Schnader Harrison Segal & Lewis, LLP.
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As a class member, you are not required to pay the attorneys’ fees of the litigation provided that you continue to be represented by Plaintiffs’ Counsel. Plaintiffs’ Counsel will seek court approval for an award of attorneys’ fees and reimbursement of litigation expenses.
Because this class action seeks only class-based injunctive relief against these defendants, nothing in this case precludes you individually from filing your own separate claim for monetary relief for injury arising from allegedly unconstitutional conditions of confinement at CCCF, since such individual claims are not part of this case. Any such individual claim for money damages, of course, must comply with all applicable laws and procedures for an individual case, and it will not be part of this class action.

EFFECT ON OTHER LITIGATION

This Settlement does not foreclose any individual member of the class from bringing an action for money damages relating to any injuries suffered by that individual. The Settlement does preclude members of the class from initiating lawsuits concerning the issues identified and addressed in the Consent Decrees. Issues not identified and addressed in the Final Consent Decree may be the subject of other class actions.

If you have already filed your own lawsuit seeking damages for your confinement at CCCF, you will be barred from seeking declaratory or injunctive relief for conditions and confinement at CCCF from January 6, 2005 to the date this settlement is finally approved.

FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the Final Settlement as

fair, reasonable and adequate (the “Fairness Hearing”). All timely

written objections will be considered by the Judge. Only class members

who have submitted written objections before the deadline may ask to speak at

the Fairness Hearing, but you do not have to attend. The Fairness Hearing is

scheduled for

May 23,

2017 at 10:00

a.m.

at the United States Courthouse, Fourth and Cooper Streets, Camden, New Jersey.

If you wish to object or oppose this settlement, please send your written

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objection to the Court at the following address by

April24 .2017:

Clerk United States District Court for the District of New Jersey One John F. Gerry Plaza Fourth and Cooper Streets Camden, New Jersey 08102

Please also send a copy of your opposition to counsel for both parties at the addresses below:

Lisa J. Rodriguez Schnader Harrison Segal & Lewis LLP Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 ChenyHill, NJ 08002

Howard L. Goldberg First Assistant County Counsel 520 Market Street 14th Floor Camden, NJ 08102

ADDITIONAL INFORMATION

The above is only a summary of the litigation. For more detailed information, reference is made to the pleadings, Orders entered by the Court and to the other papers filed in this action, which may be inspected at the Office of the Clerk of the United States District Court for the District of New Jersey, Mitchell H. Cohen U.S. Courthouse, One John F. Gerry Plaza, Fourth and Cooper Street, Camden, New
Jersey.

Dated:

,2017

BY ORDER OF THE COURT

B.Simandle Chief U.S. District Judge

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SCHNADER HARRISON SEGAL & LEWIS LLP A Pennsylvania Limited Liability Partnership LISA J. RODRIGUEZ New Jersey Managing Partner Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 Cherry Hill, New Jersey 08002-1165 Phone: (856) 482-5741 ▪ Fax: (856) 482-2578
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CORRI DITTIMUS BEY, et al. Plaintiffs,
v. CAMDEN COUNTY CORRECTIONAL FACILITY, et. al.
Defendants.

CIVIL ACTION NO. 05-cv-0063 (JBS-JS)

NOTICE OF MOTION FOR FINAL APPROVAL OF AMENDED FINAL CONSENT DECREE
PLEASE TAKE NOTICE that on May 23, 2017 at 10:00 a.m., Plaintiffs shall move before the Honorable Jerome B. Simandle, United States District Court for the District of New Jersey, Mitchell H. Cohen U.S. Courthouse, 1 John F.

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Gerry Plaza, Fourth and Cooper Streets, Camden, New Jersey, for an Order Granting Final Approval of the Amended Final Consent Decree
In support of this motion, Plaintiffs will reply upon the accompanying Memorandum of Law.
A proposed form of Order is attached.

Dated: May 15, 2017

s/ Lisa J. Rodriguez
Lisa J. Rodriguez SCHNADER HARRISON SEGAL & LEWIS LLP A Pennsylvania Limited Liability Partnership Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 Cherry Hill, NJ 08002-1165 (856) 482-5741 ▪ (856) 482-2578

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CORRI DITTIMUS BEY, MELVIN CLARK, MARK ELLIOTT and DONALD RUDD on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
CAMDEN COUNTY CORRECTIONAL FACILITY, CAMDEN COUNTY DEPARTMENT OF CORRECTIONS, CAMDEN COUNTY, WARDEN ERIC TAYLOR, DEPUTY WARDEN FRANK LOBERTO, and JOSEPH RIPA.
Defendants.

CIVIL ACTION NO. 05-cv-0063 (JBS-JS)

MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR FINAL APPROVAL OF AMENDED FINAL CONSENT DECREE

Lisa J. Rodriguez SCHNADER HARRISON SEGAL & LEWIS LLP A Pennsylvania Limited Liability Partnership Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 Cherry Hill, NJ 08002-1165 (856) 482-5742
Counsel for Plaintiffs

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TABLE OF CONTENTS

Page(s)

I. PRELIMINARY STATEMENT .................................................................. 1 II. BACKGROUND ......................................................................................... 3 III. DEFENDANTS HAVE COMPLIED WITH THE REMAINING
TERMS OF THE AMENDED THIRD CONSENT DECREE ....................13 A. JAIL POPULATION MANAGER..............................................................13 B. DEFENDANTS HAVE REMEDIED THE INCREASED CO2 LEVELS .............15
C. THE 2016 SURVEY .............................................................................17
IV. THE SIGNIFICANT EFFORTS OF THE COUNTY TO REDUCE THE JAIL POPULATION..........................................................................18 A. THE CREATION OF A PRETRIAL SERVICES AGENCY .............................18
B. OTHER MEASURES AIMED AT REDUCING JAIL POPULATION ...............20
V. THE COURT SHOULD APPROVE THE SETTLEMENT........................22 A. THE PROPOSED SETTLEMENT IS FAIR, REASONABLE AND ADEQUATE ........................................................................................22
1. Complexity, Expense and Likely Duration of the Litigation ...24
2. Reaction of the Class ..............................................................25
3. Stage of the Proceedings and Amount of Discovery................25
4. Significant Obstacles and Risks to Recovery ..........................27
5. Ability of Plaintiffs to Maintain Class Certification ................27
6. Ability of Defendant to Withstand a Greater Judgment...........27
7. The Range of Reasonableness of the Settlement Fund in Light of the Best Possible Recovery and the Attendant Risks of Litigation ..................................................................28
VI. CONCLUSION ..........................................................................................29

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TABLE OF AUTHORITIES Page(s)
Cases Colon v. Passaic City,
No. 08-cv-4439, 2012 WL 1457764 (D.N.J. Apr. 24 2012) (Cavanaugh, J.) ................................................................................................26 Girsh v. Jepson, 521 F. 2d 153 (3d Cir. 1975).....................................................................passim Henderson v. Volvo Cars of N. Am. LLC., No 09-cv-4146, 2013 WL 1192479 (D. N.J. Mar 22, 2013) .............................24 In re AT&T Corp. Sec. Litig., 455 F. 3d 160 (3d Cir. 2006)............................................................................23 In re Cendant Corp Litig., 264 F 3d 201 (3d Cir 2001)........................................................................23, 24 In re Prudential Ins. Co. Am. Sales, 148 F.3d 283, 319 (1998).................................................................................26 In re Schering-Plough Corp. ENHANCE ERISA Litig., No. 08-cv-1435, 2012 WL 1964451 (D.N.J. May 31, 2012 ) ............... 23, 24, 26 In re Warfarin Sodium Antitrust Litig., 391 F. 3d 516 (3d Cir. 2004)......................................................................23, 28 Johnson & Johnson, 900 F. Supp. 2d 467 (D. N.J. 2012)..................................................................28 Plymouth Cnty. Contributory Ret. Sys. v. Hassan, No. 08-cv-1022, 2012 WL 664827 (D.N.J. Feb 28, 2012)................................23 United Nat’l Ret. Fun v. Watts, No. 04-cv-3603, 2005 WL 2877899 (D.N.J. Oct. 28, 2003) (Cavanaugh, J.) ................................................................................................28
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Statutes 18 U.S.C. § 3632(a)(1)(C) ......................................................................................2 18 U.S.C. § 3632(a)(3)............................................................................................2 28 U.S.C. § 1915(e) ................................................................................................4 42 U.S.C. § 1983.....................................................................................................3 N.J.S.A. § 30:8-1 ....................................................................................................2 Rules Federal Rule of Civil Procedure 23(b)(2) ...................................................... 4, 5, 25 Federal Rule of Civil Procedure 23(b)(3) ................................................................5 Federal Rule of Civil Procedure 23(e)(2) ..............................................................22
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I. PRELIMINARY STATEMENT Plaintiffs, on behalf of the certified class of current and future inmates of the
Camden County Correctional Facility (“CCCF” or “Jail”), submit this
memorandum of law in support of their unopposed motion for final approval of the
Sixth and Final Amended Consent Decree (hereinafter “Final Consent Decree” or “Final Settlement’) (Exhibit A).1
This Court should grant final approval of this Class Action Settlement which
comes after twelve (12) years of litigation, extensive settlement negotiations
among the parties and experts in the field, and the implementation of significant
changes to the Camden County criminal justice system, including the creation of
the Camden County Pretrial Services Program.
The road to this motion for final approval has not been a smooth one. The
parties, in crafting the terms of the six consent decrees in this litigation, recognized
the practical and legal limitations that prevent the use of what otherwise may seem
1 The first Consent Decree, entitled “Interim Consent Decree,” was approved by the Court by Order dated January 22, 2008. Dkt. No. 90. The Second Consent Decree was approved by the Court by Order dated August 20, 2009. Dkt. No. 110. The Amended Third Consent Decree was approved by the Court by Order dated March 4, 2011. Dkt. No. 121. The Fourth Consent Decree, intended as the Final Consent Decree, was preliminarily approved by Order dated December 26, 2013. The parties withdrew that consent decree in advance of the fairness hearing. A Fifth Consent Decree was intended to supplant the Fourth Decree but that too was withdrawn prior to Court approval. The Sixth and Final Consent Decree was preliminarily approved on February 21, 2017.
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like obvious solutions to the overcrowded Jail conditions: for instance, the Warden cannot refuse admission to individuals because the Jail population reaches unconstitutional levels (N.J.S.A. § 30:8-1); the County cannot be ordered to simply build a new jail to accommodate the population (18 U.S.C. § 3632(a)(1)(C)(“Nothing in this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons…”); and, the Court cannot place a cap on the prison population, which would result in the premature release of inmates, until other remedies have been exhausted (18 U.S.C. 3632(a)(3)).
These are very real and significant hurdles to effectively remedying the overpopulation. The parties, however, in conjunction with non-party criminal justice stakeholders have worked diligently and closely with each other and with experts to devise a plan that is an efficient, effective and long-term solution to the overpopulation at the Jail. The parties also worked to put measures into place to assure the sanitary preparation and service of meals, and undertook significant measures to successfully redress heightened CO2 levels that affected the air quality within the Jail.
The settlement process was comprised of a series of Consent Decrees. The Second Consent Decree approved by the Court on August 20, 2009, set forth the terms of the settlement that included the implementation of various programs and
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efforts to reduce the population, as well as suggested remediation of environmental issues. The Amended Third Consent Decree, approved by the Court on March 4, 2011, detailed the Defendant’s compliance with the terms of the Second Consent Decree, and the impact it had on the Jail’s population. At the time the Third Consent Decree was entered, there remained only two open issues. The first issue related to the hiring of a full time Jail Population Manager, and the second issue related to reduced air flow and ventilation in certain cell units causing heightened CO2 levels. Since entry of the Third Consent Decree, Defendants have permanently filled the position of Jail Population Manager, and have remediated the environmental concerns. The Defendants’ compliance with these terms is set forth in the Amended Final Consent Decree.
Accordingly, through this motion, Plaintiffs seek final approval of the Amended Final Consent Decree. II. BACKGROUND
On January 6, 2005, nine pro se complainants incarcerated at CCCF filed a class action complaint (“Complaint”) under 42 U.S.C. § 1983 alleging violations of the Sixth, Eighth, and Fourteenth Amendments of the Constitution by various municipal defendants. See generally Dkt. No. 1. The Complaint alleged, inter alia, that inmates were forced to live in overcrowded conditions at CCCF, which included up to four individuals living in a cell designed for a single inmate. See id.
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On November 4, 2005, the Court granted Plaintiff Corri Dittimus-Bey’s Motion for the appointment of counsel under 28 U.S.C. § 1915(e). See Dkt. No. 35. In this same Order, the Court appointed Lisa Rodriguez of Trujillo Rodriguez and Richards, LLC to represent Plaintiffs. See id.
On March 31, 2006, Plaintiffs, through their newly appointed counsel, filed an Amended Class Action Complaint (“Amended Complaint”) against CCCF, Camden County Department of Corrections, Camden County, Warden Eric Taylor, Deputy Warden Frank Loberto, and Joseph Ripa (“Defendants”). See Dkt. No. 60. In their Amended Complaint, Plaintiffs alleged that the policies and practices of Defendants created unconstitutional conditions that both pretrial detainees and convicted prisoners were forced to endure while incarcerated at CCCF. See generally id. at ¶¶ 13-35. These included, inter alia, overcrowded cells, inadequate sleeping arrangements, insufficient medical and dental care, unsanitary meal service, understaffed maintenance personnel, and inadequate laundry service and cleaning supplies. Id. Plaintiffs sought declaratory and injunctive relief. Id.
Following extensive discovery and research, Plaintiffs moved for class certification under Federal Rule of Civil Procedure 23(b)(2). By Order dated July 31, 2007, this Court certified a class pursuant to Rule 23(b)(2), consisting of:
All individuals incarcerated at the Camden County Correctional Facility, either as pretrial detainees or as convicted prisoners, from the inception of this lawsuit on January 6, 2005 until its termination.
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See Dkt. No. 80. Certification under Rule 23(b)(2), rather than Rule 23(b)(3), was appropriate because the remedies Plaintiffs sought were injunctive and declaratory in nature. Specifically, the Plaintiffs sought to remedy the unconstitutional conditions of confinement they allege exist in CCCF. Following class certification, Plaintiffs no longer sought, through this action, monetary damages for injuries -personal, emotional or otherwise -- that may have stemmed from any alleged unconstitutional condition within the CCCF.
The certified Class was informed of the litigation and the fact that monetary damages were not being sought by court-approved Class Notice, which was posted in each jail cellblock for a thirty-day period, commencing November 22, 2007. See Dkt. No. 86.
Plaintiffs engaged highly-qualified and experienced conditions of confinement and overcrowding expert, Steve Martin. See Dkt. No. 108 (Second Consent Decree, Ex. A). Prior to rendering his opinion, Mr. Martin reviewed hundreds of documents and conducted an in-depth, three-day site inspection of the Jail. Based upon his review of these materials and his site inspection, Mr. Martin concluded that the population was at such excessive levels that nothing short of plant expansion or complex population control strategies would reduce the population.
The CCCF is dangerously overcrowded creating pervasive risks of harm to both inmate population and
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facility staff. The sheer number of inmates housed in seriously substandard and spatially dense in-cell conditions throughout the facility has overwhelmed the infra-structure and its necessary support service systems. The ability of management to deliver basic necessities has been seriously compromised as has the ability of staff to maintain minimal levels of safety and security for the inmate population. Absent a combination of both physical plant expansion and population control strategies, the harmful conditions set out herein will continue unabated with ever present risks of more serious disruptions at the facility than heretofore seen.
See Id. (Second Consent Decree, Ex. A (June 29, 2007 Martin Report,

CONCLUSION, pp. 15-16)). Mr. Martin further explained that the problems

associated with overcrowding are a:

See id.

. . . manifestation of larger and more systemic problems related to the county criminal justice system. While there certainly may be short term strategies that provide some reduction of the overcrowding, such as temporary or fasttrack housing in combination with maximizing/ expanding existing diversion and release mechanisms, the magnitude of such systemic problems that face county officials will require a total systems approach from professional criminal justice planners for long term resolution.

Mr. Martin thereafter rendered a supplemental report, dated September 28,

2007, in which he was asked to make specific recommendations for measures that

should be taken to address problems alleged in the complaint. See Dkt. No. 108

(Second Consent Decree, Ex. B). In response, Mr. Martin specifically

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recommended the retention of two criminal justice planning firms to address this system-wide problem of overcrowding. One of the firms Mr. Martin recommended was Pulitzer Bogard & Associates.
By Interim Consent Decree dated January 22, 2008, the Court authorized the retention of Pulitzer Bogard for the purpose of conducting a staffing and population analysis. Dkt. No. 90. Those reports were finalized in April of 2008. See Dkt. No. 108 (Second Consent Decree, Ex. C and D).
Thereafter, by Order dated November 3, 2008, the Court granted the parties' request to retain the Pulitzer Bogard firm for the purpose of developing improvements and/or changes within the criminal justice system aimed at reducing the jail population. See Dkt. No. 98. Plaintiffs soon thereafter retained Pulitzer Bogard and work immediately commenced. The extent and nature of the background work Pulitzer undertook is set forth in its report. See Dkt. No. 108 (Second Consent Decree, Ex. F).
On or about April 21, 2009, Pulitzer Bogard issued its report entitled “Camden County NJ Jail Population Analysis” to the parties. The Bogard Report set forth twenty-two (22) specific recommendations aimed at reducing the Jail’s population. See Dkt. No. 108 (Second Consent Decree, Ex. F).
In order to proceed with the implementation of the recommendations set forth in the Bogard Report, the parties entered into a Second Consent Decree, dated
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July 20, 2009 and approved by the Court on August 20, 2009. The Second Consent Decree provided for the implementation of six recommendations that were designed to result in the most significant reduction in jail population, the hiring of Luminosity, Inc. for the purpose of implementing those recommendations, and the voluntary creation of the Jail Population Reduction Sub-committee.
The Defendants’ compliance with the terms of the Second Decree, as well as their voluntary implementation of other measures aimed at the reduction of the jail population, was set forth in the parties’ Amended Third Consent Decree. See Dkt. No. 121 (Amended Third Consent Decree).
The Amended Third Consent Decree detailed the significant measures that the Defendants had put into place to monitor the Jail population and, as a result of the Defendants’ compliance with the terms of the Second and Third Consent Decrees, the Jail population has been reduced and the overall processing of the criminal justice system significantly revamped and improved. Rather than reiterating the significant steps taken by the Defendants in compliance with the terms of the Second Consent Decree, reference is made to the Amended Third Consent Decree which was approved by the Court by Order dated March 4, 2011. The Third Consent Decree recited at length the successful implementation of the Bogard Report recommendations, as well as the voluntary steps undertaken by
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Defendants as well as voluntary participants within the criminal justice community.
The gravamen of Plaintiffs’ complaint was Jail overcrowding and so, importantly, the settlement of this litigation has resulted in not only a reduced population but systemic changes aimed at managing the Jail’s population so that unconstitutional population levels are not reached in the future.
The rated capacity of the Jail is 1267. When this litigation commenced in 2005, the annual average daily population was 1848 inmates. See Dkt. No 121 (Third Consent Decree, Ex. A (Camden County Average Monthly Jail Population)). In October of 2005, the Jail reached a previously unseen high of 1,989 inmates. The majority of cell units were shared by at least three, if not four, inmates. For cells that were triple-bunked, an inmate was forced to sleep on the floor. For cells that were quadruple-bunked, two inmates were forced to sleep on the floor, one of which slept with his head inches from the toilet.
Following entry of the Second Consent Decree, in May of 2010, the Jail’s average monthly population reached an all-time low of 1232 inmates, below the Jail’s rated capacity. As a result of the lower population, bed overages were 48 on June 2, 2010, meaning that only 48 cells housed three inmates. All other cells housed either one or two inmates. No cell housed four inmates.
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On September 21, 2012, the daily population was 1414. Although above the Jail’s rated capacity, it was being managed by the former Jail Population Manager, as well as the classification unit and the parties did not view the population increase as an impediment to final settlement of this matter. By Order dated December 26, 2012, the Court granted preliminary approval of the settlement. Dkt. No. 137. A Fairness Hearing was scheduled for February 27, 2013. Dkt. No. 137.
Between the time Counsel filed their Motion for Preliminary Approval and the deadline for briefing in support of Final Approval of this class action settlement, the Jail’s population increased dramatically, by nearly 160 inmates. In particular, on September 21, 2012, when the motion for preliminary approval was filed, the Jail population was 1414. At the time the adjournment of final approval was requested in February 2013, the population had reached 1583. Due to this sudden increase, by letter dated February 4, 2013, Class Counsel sought an adjournment of the Final Approval deadline. Dkt. No. 141.
A thorough investigation followed and the parties jointly determined that, although the systems put into place by Luminosity were effective (as detailed in the Second and Third Consent Decrees), they were not being managed by an appropriate Jail Manager. The position of the Jail Population Manager was at the time being filled by Jail personnel. It was determined that the position must be
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filled by someone outside the Jail to be effective. See Amended Final Consent Decree ¶ 24.
The County then undertook an exhaustive search for a qualified applicant and experienced great difficulty in finding one. The position requires a unique combination of skill and personality. After reviewing over 100 applications, the County narrowed the field to a handful and eventually hired Brian Jacobs. Mr. Jacobs’ one year contract began November 2013.
During his one-year tenure, Mr. Jacobs worked closely with Counsel and all criminal justice stakeholders to isolate areas of improvement and focus on areas that would result in both immediate and long term solutions to over-crowding. He reported monthly to the County. As a result of his efforts, the Jail’s population began to trend downwards, thereby reinforcing the parties’ view that the system was working effectively, but that the Jail Manager position was instrumental in ensuring the proper working of these newly implemented processes.
During Mr. Jacob’s tenure, the population decreased from 1519 (November 12, 2013) to 1456 (November 12, 2014), with a decrease in bed overages by nearly 10% from the year prior. Importantly, too, the population was trending downward despite the increase in the number of arrests and commitments. See Amended Final Consent Decree, ¶ 27.
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As of September 2014, the number of arrests was on target to exceed the number of arrests made in 2009 when the population fluctuated between 1700 and 1800. Without the new processes in place, as managed by the Jail Population Manager, the population would likely have been at or near the excessive levels seen in 2008 and 2009. See Amended Final Consent Decree, ¶ 27.
On December 18, 2014, the population was 1376. See Amended Final Consent Decree, ¶ 27.
Mr. Jacobs’ contract was not renewed at the end of his contract year. It was initially represented that the position of the Jail Population Manager would be filled by Dr. Marie VanNostrand of Luminosity. Based on those representations and with the jail population trending down, counsel for plaintiffs believed it was time to finally resolve this matter and entered into what was referred to as the Fifth and Final Consent Decree. Plaintiffs also filed a motion for preliminary approval. Dkt. No. 169. Subsequent to the filing of that motion for preliminary approval, plaintiffs’ counsel learned that, despite the representations made, the position of Jail Population Manager was not being filled by Dr. VanNostrand or anyone else.
The County indicated that it was initiating a process to hire a new Jail Manager but had not done so. Because a core component of the parties’ settlement relies on an independent Jail Manager to monitor the daily jail population numbers, and history had shown that without such a person in place the population numbers
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increased, it was determined that it was not appropriate to proceed with the motion for preliminary approval. That motion was then withdrawn. Dkt. No. 170.
A new full-time Jail Manager, Sharon Bean, was hired in April 2015. The jail population is again being actively managed and the downward trend has continued. As of May 10, 2017, the jail population was 996, well below the rated capacity of 1,267. It is against this background that the plaintiffs seek final approval of the Amended Final Consent Decree. III. DEFENDANTS HAVE COMPLIED WITH THE REMAINING
TERMS OF THE AMENDED THIRD CONSENT DECREE As previously mentioned, at the time the Third Consent Decree was approved by the Court, the only two remaining issues related to the Jail’s HVAC system and the hiring of a full time Jail Population Manager. The Defendants are now in compliance with those terms and, accordingly, entry of the Final Decree is appropriate. A. JAIL POPULATION MANAGER The Jail Population Manager is responsible for monitoring, coordinating and ensuring the most efficient processing of Jail inmates. She collects, compiles and conducts quantitative data analysis to identify trends and potential systematic causes of processing delays as well as opportunities to expedite release and transfers. In addition to these duties, the jail population manager facilitates and provides services to the Jail Population Reduction Subcommittee (“JPRC”). The
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position serves as a liaison to the courts, prosecutor, defense bar, community corrections programs, JPRC and other criminal justice stakeholders on behalf of the County and Jail as it relates to population management.
Sharon Bean was hired for the position in April 2015 and continues in the Jail Population Manager position today. Ms. Bean is well-credentialed with specific (successful) experience managing the population of juveniles in custody. She graduated with a B.A. in Criminal Justice and Masters of Public Administration. Prior to becoming the Camden County Jail Population Manager, Ms. Bean worked with the New Jersey Juvenile Justice Commission (JJC) for thirteen years. Since 2004, Ms. Bean has worked with the JJC to implement the Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI). JDAI is a national initiative designed to safely reduce the number of youth unnecessarily or inappropriately incarcerated in secure detention. Ms. Bean was the Team Leader for JDAI in NJ and a national trainer for JDAI. In her role as Team Leader, Ms. Bean worked with system stakeholders to implement over 500 policies and practices at both the state and local level to improve access to detention alternatives, reduce case processing delays contributing to length of stay in detention, reduce racial and ethnic disparities, and develop strategies to improve court appearance rates and successful outcomes on Probation. Ms. Bean also assisted in the development, implementation, and monitoring of NJ’s Juvenile Risk
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Screening Tool and the Juvenile Probation Sanctions, Incentives, and Interventions System. She worked directly with Camden County to implement juvenile justice reform and saw the average daily population in detention decreased 48.7% with over one-thousand fewer youth having been admitted to secure detention.
B. DEFENDANTS HAVE REMEDIED THE INCREASED CO2 LEVELS In 2007, Plaintiffs retained the services of Urban Engineers (“Urban”), an environmental expert, for the purpose of conducting an on-site inspection of the Jail to inspect mold and mildew, water quality, air pollution and rodent infestation. Urban Engineers issued a report dated September 28, 2007. Although Urban Engineers’ initial inspection did not reveal any environmental hazards that would rise to the level of constitutional violations, it did note areas that warranted improvement. Urban Engineers also concluded that many of the areas noted for improvement may resolve themselves simply by virtue of a population reduction. Urban also found elevated CO2 levels. In August 2010, prior to entering into this Third Consent Decree, Plaintiffs again retained the services of Urban for the purpose of conducting a supplemental site inspection to determine if, in fact, some of the noted areas of concern had improved simply by virtue of the population reduction, as was expected. In its November 10, 2010 follow-up Report, Urban again found elevated CO2 levels and opined that the levels had not improved since 2007, but instead had worsened and
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noted that the cause may be from HVAC balancing issues. High CO2 readings indicate that the building has significant airflow issues, and a balancing report is the first step in addressing these issues.
The County retained Fischer Balancing Company to perform a balancing test. Fischer issued a report dated September 27, 2011, which was reviewed and analyzed by Urban. As a result of collaborative meetings between Fischer, Urban and the Camden County Improvement Authority, the County retained CM3 Building Solutions to perform systematic maintenance and repairs to the facilities.
On April 3, 2012, Urban conducted a follow-up air survey and reported an average CO2 level of 1788 ppm. This was a noticeable improvement from Urban’s September 2010 survey, which had a maximum CO2 reading of 2,700 ppm.
Urban conducted another follow-up air survey on June 5, 2012, and determined that the average CO2 concentration within the individual cells had depressed 149 ppm from its previous inspection. Urban concluded that although levels above 1000 ppm (which are still present in individual cells) indicate general airflow issues, the levels noted during the April and June 2012 surveys (1788 ppm and 1639 ppm respectively) were well below the suggested maximum daily exposure levels of 5000-10000 ppm. Urban further recommended that until a permanent Building Management System is installed, the Jail could continue its focus of maintaining and increasing airflow to the individual cell registers. The
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County continues these efforts and requires that Jail maintenance staff conduct periodic CO2 surveys of the individual cells and monitory concentration trends.
C. THE 2016 SURVEY Given the passage of time the parties agreed that it was appropriate to have another follow-up survey done. The County agreed to again retain Urban Engineers to conduct the follow-up environmental examination and air survey. On January 12 and 13, 2016, Urban Engineers, with the assistance of Batta Environmental Associates, Inc., conducted a site visit to identify potential sources of poor air quality at the Jail. The site visit consisted of visual inspection, ambient air monitoring (temperature, relative humidity, carbon monoxide and CO2) airborne mold sampling, and an assessment of the building and HVAC system. Urban issued its report on February 17, 2016. The report noted that, while CO2 levels continued to be higher than the ASHRAE2 recommendations in some locations, they were in fact below OSHA’s Time-Weighted average permissible exposure limit. The highest levels were detected in an inside recreation area, which the report noted could be expected when a large group of people concentrated without outside air to dilute and remove the CO2 continuously generated by the occupants.
2 American Society of Heating Refrigeration and Air Conditioning Engineers 17
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The report found no indoor air quality issues relating to carbon monoxide and no elevated airborne mold levels within the facility were detected.
It is also worthy of mention that the County made a number of other major capital improvements in the past several years, including the modernization and upgrade of the elevator system; significant upgrades and repairs to the HVAC system; lighting upgrades; upgrades and improvements to some of the shower enclosures; and the modernization and renovations to a portion of the exterior windows. IV. THE SIGNIFICANT EFFORTS OF THE COUNTY TO REDUCE
THE JAIL POPULATION Although detailed in the parties’ Second and Third Consent Decrees, it is worthy of reiteration some of the significant improvements this settlement has brought to the processing of inmates through the Camden County criminal justice system thereby effectively and efficiently managing the Jail population. A. THE CREATION OF A PRETRIAL SERVICES AGENCY Perhaps most significant, as detailed in the parties Second and Third Consent Decrees, was the creation of a very robust pretrial services program, known the “Camden County Pretrial Services Agency.” The mission of Camden County Pretrial Services Agency (“Pretrial Services”) is to safely and effectively reduce pretrial detention by identifying inmates appropriate for conditional release pending disposition and, when ordered by the Court, provide effective supervision
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and services intended to assure appearance in court and safety of the community. See Dkt. No. 121 Third Consent Decree, Ex. B (Camden County Pretrial Services Pamphlet).
A defendant must be eligible for pretrial services. The target population for a pretrial investigation consists of defendants who have been admitted to the Jail with a bail set in an amount not greater than $35,000 and is within the jurisdiction of the Camden County Superior Court. Defendants charged with the following offenses are not targeted for an investigation: murder, arson, kidnapping, sexual assault, weapon charges involving firearms, or any charge that meets the criteria for bail restrictions. Defendants serving a sentence or who have a detainer are also not targeted.
Pretrial Services began operations on August 16, 2010 and has been fully operational since the first week of September 2010, at which time the program officially began providing pretrial investigations to the Court for appropriate candidates and pretrial supervision when ordered by the Court.
The program is staffed by employees of Camden County. Camden County is the first county within New Jersey to create a pretrial services program. The creation of this program has garnered a tremendous amount of attention from other counties experiencing similar jail overcrowding problems and it is anticipated that Camden County’s pretrial agency will serve as a model for years to come.
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From January 1, 2016 through November 2016, the program screened 2,033 inmates, conducted 515 investigations, recommended 460 inmates for release to pretrial services, and received 296 placements on supervision.
Referrals to the program are accepted from the prosecutor’s office, the public defender’s office and private defense bar, or the Superior Court. Release decisions to the program are made by all of the Camden County criminal judges.
B. OTHER MEASURES AIMED AT REDUCING JAIL POPULATION In addition to the creation of the pretrial services program, the Defendants have also undertaken a variety of other measures that successfully contributed towards the reduction of the Jail’s population. These measures include, but are not limited to: (1) Accurate recording of inmate credit for time spent in custody; (2) Creation of four additional attorney/inmate visitation rooms; (3) Reduction in the amount of time between sentencing inmates to the home electronic device (HED) program and the actual release onto the HED program. The Defendants also agreed to proactively screen inmates for the HED program and make a recommendation to the Court when an eligible inmate is identified. As a result of this new policy, the jail increased its HED capacity from 75 electronic monitoring devices to 125 electronic monitoring devices by receiving fifty (50) additional devices with GPS technology;
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(4) Creation and voluntary continuation of the Jail Population Reduction Sub-Committee, a voluntary committee comprised of (but not limited to) representatives from the Jail, the Camden Vicinage of the Superior Court, the Prosecutor’s Office and the Public Defender’s Office, whose participation has been vital to the success of reducing the jail crowding. The newly hired Jail Population Manager is a member of this committee; and
(5) Improved CCIS data, which was viewed as essential to effectively implementing any jail population reductions strategy. The lack of accurate data served as a barrier to the identification of opportunities to reduce the jail population and the inability to easily access information about the jail inmates. The ability to run queries based on custody status, length of stay, location/program, and bail amount enables justice system stakeholders the ability to target inmates for jail alternatives and/or faster case processing. Luminosity developed a web-based CCIS interface. This CCIS interface allows authorized justice system stakeholders to view and analyze the jail population on a daily basis. The system, named the Jail Population Analysis Wizard (JPAW) is an ASP.NET application accessible via Firefox web browser. JPAW was fully implemented on May 5, 2010. Access is available to the Prosecutor’s Office, Sheriff’s Department, Jail, Public Defender’s Office, and County staff. There is even a laptop located on the 6th floor of the Hall of Justice with access to JPAW. In order to effectively utilize the upgraded
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computer system, the County created and staffed the position of Data Quality
Analyst. This position is essential to the continued use and function of the JPAW
system which, as set forth above, is critical to analyzing and maintaining the Jail
population. Although not required by The Bogard Report, or earlier Consent
Decrees, this position was deemed essential to the continued success of the jail
population reduction efforts.
V. THE COURT SHOULD APPROVE THE SETTLEMENT A. THE PROPOSED SETTLEMENT IS FAIR, REASONABLE AND ADEQUATE The Court may approve a class action settlement only if it is “fair reasonable
and adequate.” Fed. R. Civ. P. 23(e)(2). The Third Circuit has adopted a nine-
factor test to make this determination. The test was first stated in Girsh v. Jepson,
521 F. 2d 153, 157 (3d Cir. 1975). The elements of this test have become known as
the “Girsh factors.” In deciding whether to approve a settlement, the Court must
consider:
(1) the complexity, expense and likely duration of the litigation; (2) the reaction of the class to the settlement; (3) the stage of the proceedings and the amount of discovery completed; (4) the risks of establishing liability; (5) the risks of establishing damages; (6) the risks of maintaining the class action through the trial; (7) the ability of the defendants to withstand a greater judgment; (8) the range of reasonableness of the settlement fund in light of the best possible recovery; (9) the range of reasonableness of the settlement fund to a possible recovery in light of all the attendant risks of litigation.
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In re Schering-Plough Corp. ENHANCE ERISA Litig., No. 08-cv-1435, 2012 WL
1964451 at *2 (D.N.J. May 31, 2012 ) (citing Girsh, 521 F.2d at 157). See also In
re AT&T Corp. Sec. Litig., 455 F. 3d 160, 164-65 (3d Cir. 2006).
As this Court has held, applying Girsh is not a mechanical exercise:
These factors are a guide and the absence of one or more does not automatically render the settlement unfair . . . . Rather, the court must look at all the circumstances of the case and determine whether the settlement is within the range of reasonableness under Girsh . . . . In sum, the Court’s assessment of whether the settlement is fair, adequate and reasonable is guided by the Girsh factors, but the Court is in no way limited to considering only those enumerated factors and is free to consider other relevant circumstances and facts involved in [the] Settlement. Plymouth Cnty. Contributory Ret. Sys. v. Hassan, No. 08-cv-1022, 2012 WL
664827, at *2 (D.N.J. Feb 28, 2012) (emphasis added) (Cavanaugh); Schering-
Plough ERISA, 2012 WL 1964451 at *2 (same). The Third Circuit has directed
district courts to apply an “initial presumption of fairness” to settlements if they
find:
(1) the settlement negotiations occurred at arm’s length; (2) there was sufficient discovery; (3) the proponents of the settlement are experienced in similar litigation; and (4) only a small fraction of the Class objected. In re Warfarin Sodium Antitrust Litig., 391 F. 3d 516, 535 (3d Cir. 2004), quoting
In re Cendant Corp Litig., 264 F 3d 201, 232 n.18 (3d Cir 2001) (Cendant I);
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Henderson v. Volvo Cars of N. Am. LLC., No 09-cv-4146, 2013 WL 1192479 at *7 (D. N.J. Mar 22, 2013) (same).
Here, the Court should find the proposed settlement presumptively fair. It is undisputed that the settlement was negotiated over many years, at arm’s-length. And while the negotiations were not necessarily adversarial, they were done cooperatively with principals and experts in the field with the common goal of finding ways to reduce and control the jail population.
There has been sufficient discovery comprised of years of data and the input from stakeholders and experts in the field concerning issues of prison overcrowding. Class Counsel is experienced in complex litigation and has been involved in over a hundred class action cases. And while the Notice posted in the Court House and Jail has prompted interest in the litigation, there have been no objections to this Settlement.
This Settlement also satisfies the Girsh factors. 1. Complexity, Expense and Likely Duration of the Litigation
The first Girsh factor is whether the settlement avoids a lengthy, complex, and expensive continuation of the litigation. “This factor is concerned with assessing the probable costs, in both time and money, of continued litigation.” Schering-Plough ERISA, 2012 WL 1964451, at *4 (quoting Cendant I, 264 F.3d at 234). Here, through a series of consent orders, the issue of systematic
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overcrowding has been effectively addressed. As set forth at length supra, the jail population figures are well below the rate capacity and there is a proven system in place to ensure that the population numbers are monitored and actively managed.
Settlement at this juncture results in a substantial present benefit without the risks and delays of trial and post-trial proceedings. The complexity, expense, and likely duration of continued litigation absent the Settlement all weigh heavily in favor of approval.
2. Reaction of the Class Notice of the Fed. R. Civ. P. 23(b)(2) Class Settlement was posted in the Camden County Correctional Facility, in the New Jersey Superior Court, Camden County, and on the Camden County website. (See Declaration of Howard Goldberg, submitted separately). And while the issues facing the inmate population at theJ continue to generate inquiries from class members and complaints about jail conditions, there have not been any objections to the Settlement. Accordingly, the reaction of the Class weighs in favor of approval.
3. Stage of the Proceedings and Amount of Discovery The third Girsh factor requires the Court to “consider the degree of case development that Class Counsel have accomplished prior to Settlement, including the type and amount of discovery already undertaken.” Merck ERISA, 2010 WL 547613 at *7 (quoting GM Truck, 55 F.3d at 813). “In short, under this factor, the
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Court considers whether the amount of discovery completed in the case has permitted ‘counsel [to have] an adequate appreciation of the merits of the case before negotiating.’” Merck ERISA, 2010 WL 547613, at *7 (alteration in original) (quoting In re Prudential Ins. Co. Am. Sales, 148 F.3d 283, 319 (1998).
Plaintiffs and their counsel “have an adequate appreciation of the facts in this matter, and this factor weighs in favor of approval.” Schering-Plough ERISA, 2012 WL 1964451, at *4; see also Colon v. Passaic City, No. 08-cv-4439, 2012 WL 1457764, at *4 (D.N.J. Apr. 24 2012) (Cavanaugh, J.) (“considering the amount of effort expended by Class Counsel in this matter, as well Class Counsel’s extensive experience litigating class actions … the Court is convinced that Plaintiffs have a sufficient understanding of the merits of this case”). As set forth at length in the preceding sections, the Plaintiffs have a detailed understanding of the merits of this case to support the decision to seek final approval of the Sixth and Final Consent Decree. Class Counsel has been actively involved in this litigation for 12 years. There can be no doubt that they have an appreciation of the facts in this case. The wealth of discovery conducted here more than satisfies the reasonably low threshold necessary to grant approval of the Settlement.
Accordingly, the third Girsh factor also supports approval of the proposed Settlement.
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4. Significant Obstacles and Risks to Recovery Factors four and five address the risks of establishing liability and damages. This factor is not particularly relevant in the analysis of this settlement. Early on in the litigation, the Defendants recognized that overcrowding was a real issue at the jail and worked cooperatively with Plaintiffs and experts in the field to reduce the population at the jail and to create a system to effectively manage the jail population. The litigation did not seek damages, but injunctive and declaratory relief. The objectives of the litigation have been achieved and continued litigation is not justified.
5. Ability of Plaintiffs to Maintain Class Certification This action was one seeking injunctive relief. Consequently, the issue of maintaining class certification is not particularly problematic and was not an issue that impacted the decision to settle.
6. Ability of Defendant to Withstand a Greater Judgment In addressing the seventh Girsh factor, the Court must consider whether Defendants could withstand a judgment much greater than the amount of the settlement. Here, the Plaintiffs were not seeking money damages, but rather injunctive relief. This is not a consideration in the decision to settle this litigation. The relief sought was achieved.
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7. The Range of Reasonableness of the Settlement Fund in Light of the Best Possible Recovery and the Attendant Risks of Litigation
The final two Girsh factors “evaluate whether the settlement represents a good value for a weak case or a poor value for a strong case.” ScheringPlough/Merck Merger, 2010 WL 1257722, at *12 (quoting Warfarin, 391 F.3d at 538). A Court asked to approve a settlement “should determine a range of reasonable settlements in light of the best possible recovery (the eighth Girsh factor), and a range in light of all the attendant risks of litigation (the ninth factor).” Schering-Plough/Merck Merger, 2010 WL 1257722, at 12. Additionally, in conducting its evaluation, the Court should keep in mind “that settlement represents a compromise in which the highest hopes for recovery are yielded in exchange for certainty and resolution….” Johnson & Johnson, 900 F. Supp. 2d 467, 484-85 (D. N.J. 2012) (internal quotations and citations omitted). It has been recognized that “[t]he best possible recovery, while arguably more than the settlement, is tempered by the risks of further litigation.” United Nat’l Ret. Fun v. Watts, No. 04-cv-3603, 2005 WL 2877899, at *4 (D.N.J. Oct. 28, 2003) (Cavanaugh, J.).
The Final Consent Decree should be approved because it reflects a reasonable assessment of the strengths and weaknesses of the claims and the risks of establishing liability at trial. Most importantly, however, the final settlement has
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allowed the parties to seek involvement and voluntary participation of non-parties to this litigation. This participation was crucial to the successful implementation of the solutions suggested by Plaintiffs’ experts. Without the settlement in this case, the tremendous and long-term results simply could not have been achieved.
VI. CONCLUSION The Final Consent Decree is fair, reasonable and in the best interests of the
class members and future inmates of the Jail. It was the result of formal negotiations between the parties, with the involvement, support and recommendation of experts such as Luminosity, Inc. and Urban Engineers. Importantly, this Final Consent Decree is consistent with the Prison Litigation Reform Act’s requirement that any injunctive relief “be narrowly drawn, extend no
further than necessary to correct the harm the court find requires the preliminary relief, and be the least intrusive means necessary to correct the harm.” 18 U.S.C. § 3632(a)(2). For the foregoing reasons, the Plaintiffs’ Motion for Final Approval should be granted.
s/ Lisa J. Rodriguez Lisa J. Rodriguez SCHNADER HARRISON SEGAL & LEWIS LLP A Pennsylvania Limited Liability Partnership Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 Cherry Hill, NJ 08002-1165 (856) 482-5741 Counsel for Plaintiffs
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Dated: May 15, 2017
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Exhibit A

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SCHNADER HARRISON SEGAL & LEWIS LLP A Pennsylvania Limited Liability Partnership LISA J. RODRIGUEZ New Jersey Managing Partner Woodland Falls Corporate Park 220 Lake Drive East, Suite 200 Cherry Hill, New Jersey 08002-1165 Phone: (856) 482-5741 ▪ Fax: (856) 482-2578 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CORRI DITTIMUS BEY, et al. Plaintiffs,
v. CAMDEN COUNTY CORRECTIONAL FACILITY, et. al.
Defendants.

CIVIL ACTION NO. 05-cv-0063 (JBS-JS)

CERTIFICATE OF SERVICE

I hereby certify that I caused a true and correct copy of Plaintiffs’ Notice of

Motion for Final Approval of the Amended Final Consent Decree; supporting

Memorandum of Law with Exhibits; Proposed Order and this Certificate of Service

to be served upon defense counsel by electronic filing.

Dated: May 15, 2017

s/ Lisa J. Rodriguez Lisa J. Rodriguez

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CORRI DITTIMUS BEY, et al. Plaintiffs,
v. CAMDEN COUNTY CORRECTIONAL FACILITY, et. al.
Defendants.

CIVIL ACTION NO. 05-cv-0063 (JBS-JS)

ORDER APPROVING AMENDED FINAL CONSENT DECREE THIS MATTER having come before the Court on Plaintiffs’ Motion for Final Approval of the Amended Final Consent Decree, and the Defendants having consented to Plaintiffs’ Motion, and the parties having entered into a Final Consent Decree, and the Court having considered the moving papers, and for good cause shown: IT IS ON THIS ___________ day of May, 2017, ORDERED that Plaintiffs’ Motion is GRANTED; and that the Amended Final Consent Decree entered into between the parties is hereby APPROVED.

Jerome B. Simandle, U.S.D.J.

PHDATA 6016835_1