S.D. Ill. 3:19-cv-00415 Docket

Iglesias v. True
No. 3:19-cv-00415, Case History (under construction)

Court: Southern District of Illinois (East Saint Louis)
Assigned to: Chief Judge Nancy J. Rosenstengel
(previously Judge J. Phil Gilbert; reassigned 10/09/20)

Date Filed	#	Docket Text
04/12/2019	1	COMPLAINT against All Defendants filed by Cristian Noel Iglesias.(jaj) (Entered: 04/12/2019)
04/12/2019	2	MOTION for Service of Process at Government Expense by Cristian Noel Iglesias. (jaj) (Entered: 04/12/2019)
04/12/2019	3	NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-415-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk’s Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 4/12/2019. (Attachments: # 1 Consent to Magistrate Judge)(jaj) (Entered: 04/12/2019)
04/24/2019	4	MOTION for Leave to Proceed in forma pauperis by Cristian Noel Iglesias. (jaj) (Entered: 04/24/2019)
04/24/2019	5	CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE – sealed pending receipt from all parties. (jaj) (Entered: 04/24/2019)
04/25/2019	6	ORDER : The Court has received your motion to proceed without prepayment of the filing fee. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 4/25/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/25/2019)
04/25/2019	7	ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis (“IFP”) in this case (see Doc. 4 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 10/1/2018 to 4/12/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion United States Penitentiary. (Trust Fund Statement due on or before 6/10/2019). Signed by Judge J. Phil Gilbert on 4/25/2019. (tjk) (Entered: 04/25/2019)
04/26/2019	8	Prisoner Trust Fund Account Statement. (jaj) (Entered: 04/26/2019)
05/02/2019	9	ORDER Directing Monthly Payments be made from Prison Account of Iglesias, granting 4 MOTION for Leave to Proceed in forma pauperis filed by Christian Noel Iglesias. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff’s signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge J. Phil Gilbert on 5/2/2019. (tjk) (Entered: 05/02/2019)
05/09/2019	10	Prisoner Trust Fund Account Statement by Cristian Noel Iglesias. (jaj) (Entered: 05/09/2019)
05/10/2019	11	NOTICE by Cristian Noel Iglesias regarding correct spelling of name. (jaj) (Entered: 05/10/2019)
05/10/2019	12	Consent Form – IFP Proceedings by Cristian Noel Iglesias. (jaj) (Entered: 05/10/2019)
05/29/2019		Initial Prisoner Filing Fee: $ 28.50 received, receipt number 34625093338 (cds) (Entered: 05/29/2019)
07/16/2019	13	MOTION for status by Cristian Noel Iglesias. (jaj) (Entered: 07/16/2019)
07/25/2019	14	ORDER: Plaintiff’s Complaint (Doc. 1 ) survives screening in part. The Clerk of Court is DIRECTED to complete, on Plaintiff’s behalf, a summons and form USM-285 for service of process on Defendants IAN CONNORS and DIRECTOR OF THE FEDERAL BUREAU OF PRISONS; the Clerk shall issue the completed summons. The United States Marshal SHALL serve Defendants IAN CONNORS and DIRECTOR OF THEFEDERAL BUREAU OF PRISONS pursuant to Rule 4(e) of the Federal Rules of Civil Procedure. All costs of service shall be advanced by the United States, and the Clerk shall provide all necessary materials and copies to the United States Marshals Service. In addition, pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons, the complaint, and this Memorandum and Order; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons, the Complaint, and this Memorandum and Order. Plaintiff’s Motion for Service of Process at Government Expense (Doc. 2 ) is DENIED as moot. Signed by Judge J. Phil Gilbert on 7/25/2019. (bps) (Entered: 07/25/2019)
07/25/2019	15	Summons Issued as to Ian Connors, Director of the Federal Bureau of Prisons. (tjk) (Entered: 07/25/2019)
07/31/2019	16	SUMMONS Returned Executed as to USAO.(tjk) (Entered: 07/31/2019)
08/01/2019	17	SUMMONS Returned Executed as to Attorney General. (tjk) (Entered: 08/01/2019)
08/07/2019	18	SUMMONS Returned Executed Ian Connors served on 8/5/2019, answer due 10/4/2019; Director of the Federal Bureau of Prisons served on 8/5/2019, answer due 10/4/2019. (tjk) (Entered: 08/07/2019)
09/10/2019	19	MOTION for Preliminary Injunction by Cristian Noel Iglesias. (Attachments: # 1 Exhibits A – F, # 2 Exhibits G – end)(jaj) (Entered: 09/10/2019)
09/24/2019	20	NOTICE of Appearance by Laura J. Jones on behalf of Director of the Federal Bureau of Prisons (Jones, Laura) (Entered: 09/24/2019)
09/24/2019	21	MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 09/24/2019)
09/25/2019	22	MOTION to Dismiss and, Alternatively, to Enter Summary Judgment by Director of the Federal Bureau of Prisons. Responses due by 10/28/2019 (Attachments: # 1 Exhibit A – Public Information, # 2 Exhibit B – Declaration of Carolyn Vines Sapla)(Jones, Laura) (Entered: 09/25/2019)
09/25/2019	23	NOTICE by Director of the Federal Bureau of Prisons Notice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant’s Motion for Summary Judgment (Jones, Laura) (Entered: 09/25/2019)
10/01/2019	24	RESPONSE in Opposition re 21 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction filed by Cristian Noel Iglesias. (jaj) (Entered: 10/01/2019)
10/02/2019	25	SECOND RESPONSE in Opposition re 22 MOTION to Dismiss and, Alternatively, to Enter Summary Judgment filed by Cristian Noel Iglesias. (jaj) (Entered: 10/02/2019)
10/04/2019	26	NOTICE of Appearance by Laura K. Smith on behalf of Ian Connors (Smith, Laura) (Entered: 10/04/2019)
10/04/2019	27	MOTION to Dismiss by Ian Connors. Responses due by 11/7/2019 (Smith, Laura) (Entered: 10/04/2019)
10/04/2019	28	MOTION for Judicial Notice re 24 Response in Opposition to Motion by Cristian Noel Iglesias. (jaj) (Entered: 10/04/2019)
10/16/2019	29	RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 10/16/2019)
10/16/2019	30	RESPONSE to “Motion by Plaintiff to Dismiss Count 5 of Her Complaint Without Prejudice and Enter a Summary of Judgment in Favor of Defendant Dr. Kathleen Hawk Sawyer as to Count 5 Only” filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 10/16/2019)
10/17/2019	31	RESPONSE in Opposition (Objection) re 27 MOTION to Dismiss filed by Cristian Noel Iglesias. (jaj) (Entered: 10/17/2019)
10/28/2019	32	MOTION to Appoint Counsel by Cristian Noel Iglesias. (jaj) (Entered: 10/28/2019)
10/28/2019	33	REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by Cristian Noel Iglesias. (jaj) (Entered: 10/28/2019)
11/04/2019	34	MOTION to Amend Complaint, MOTION for Preliminary Injunction by Cristian Noel Iglesias. (Attachments: # 1 Exhibit)(rah) (Entered: 11/04/2019)
11/13/2019	35	RESPONSE to Motion re 34 MOTION to Amend/Correct MOTION for Preliminary Injunction filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 11/13/2019)
11/20/2019	36	NOTICE of Change of Address by Cristian Noel Iglesias from USP Marion to FMC Lexington. (jaj) (Entered: 11/20/2019)
11/26/2019	37	ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly, this case will REMAIN with Judge J. Phil Gilbert. Should the parties elect to consent to have a Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge.. Signed by Judge J. Phil Gilbert on 11/26/2019. (Attachments: # 1 Administrative Order)(cds) (Entered: 11/26/2019)
01/06/2020	38	EMERGENCY MOTION for Temporary Restraining Order by Cristian Noel Iglesias. (jaj) (Entered: 01/06/2020)
01/07/2020	39	ORDER Denying Emergency Motion for Temporary Restraining Order (Doc. 38 ). Signed by Judge J. Phil Gilbert on 1/7/2020. (bps) (Entered: 01/07/2020)
02/10/2020	40	ORDER ASSIGNING Attorney Angela M. Povolish for Cristian Noel Iglesias (Attorney Appearance due by 2/20/2020) and DISMISSING Count 5 without prejudice. Plaintiff may file a First Amended Complaint on or before 4/6/2020. ORDER DISMISSING as MOOT 21 Motion for Extension of Time; DISMISSING without prejudice 22 Motion to Dismiss and, Alternatively, to Enter Summary Judgment filed by Director of the Federal Bureau of Prisons and 27 Motion to Dismiss filed by Ian Connors; GRANTING in part and DENYING in part 28 Motion for Judicial Notice; GRANTING 32 Motion to Appoint Counsel; and DENYING without prejudice 19 Motion for Preliminary Injunction and 34 Motion for Amended Preliminary Injunction and Leave to File Amended Complaint filed by Cristian Noel Iglesias. Signed by Judge J. Phil Gilbert on 2/10/2020. (jsy) (Entered: 02/10/2020)
02/11/2020		Set Deadlines: Amended Pleadings due by 4/6/2020. (rah) (Entered: 02/11/2020)
02/18/2020	41	NOTICE of Appearance by Angela M. Povolish on behalf of Cristian Noel Iglesias (Povolish, Angela) (Entered: 02/18/2020)
03/30/2020	42	First MOTION for Extension of Time to Amend 1 Complaint by Cristian Noel Iglesias. (Povolish, Angela) (Entered: 03/30/2020)
03/31/2020	43	ORDER GRANTING 42 First MOTION for Extension of Time to Amend Complaint by Cristian Noel Iglesias. Plaintiff shall have an additional ninety (90) days from April 6, 2020 to file an amended complaint. Accordingly, Plaintiff’s First Amended Complaint is due on or before July 6, 2020. Signed by Judge J. Phil Gilbert on 3/31/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/31/2020)
04/01/2020		Set/Reset Deadlines: Amended Pleadings due by 7/6/2020. (rah) (Entered: 04/01/2020)
04/28/2020	44	MOTION for Exemption of PACER Fees by All Plaintiffs. (Povolish, Angela) (Entered: 04/28/2020)
04/29/2020	45	ORDER GRANTING 44 Motion for Exemption of PACER Fees. Signed by Judge J. Phil Gilbert on 4/29/2020. (jsy) (Entered: 04/29/2020)
06/11/2020	46	Second MOTION for Extension of Time to Amend 1 Complaint by Cristian Noel Iglesias. (Povolish, Angela) (Entered: 06/11/2020)
06/15/2020	47	ORDER GRANTING 46 Motion for Extension of Time to File Amended Complaint. Plaintiff’s Amended Complaint is now due on or before September 8, 2020. Signed by Judge J. Phil Gilbert on 6/15/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/15/2020)
07/10/2020	48	MOTION to Quash Subpoena by Ian Connors, Director of the Federal Bureau of Prisons. (Attachments: # 1 Exhibit Letter from plaintiff’s counsel, # 2 Exhibit Subpoena)(Jones, Laura) (Entered: 07/10/2020)
07/13/2020	49	MOTION to Quash Second Subpoena by Director of the Federal Bureau of Prisons. (Attachments: # 1 Exhibit Letter from counsel, # 2 Exhibit Original subpoena)(Jones, Laura) (Entered: 07/13/2020)
07/17/2020	50	ORDER GRANTING 48 First Motion to Quash Subpoena and 49 Second Motion to Quash Subpoena. Signed by Judge J. Phil Gilbert on 7/17/2020. (jsy) (Entered: 07/17/2020)
09/08/2020	51	NOTICE of Appearance by John A. Knight on behalf of Cristian Noel Iglesias (Knight, John) (Entered: 09/08/2020)
09/08/2020	52	AMENDED COMPLAINT (FIRST) against Ian Connors, Alix McLearen, Michael Carvajal, Chris Bina, L.J.W. Hollingsworth, Thomas Scarantino, Donald Lewis, Federal Bureau of Prisons, J. Doe, filed by Cristian Noel Iglesias. (Attachments: # 1 Exhibit 1 through 10)(Knight, John) (Entered: 09/08/2020)
09/11/2020	53	Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint and to Consolidate Response Deadlines by Ian Connors. (Attachments: # 1 Proposed Order)(Smith, Laura) (Entered: 09/11/2020)
09/14/2020	54	NOTICE OF MODIFICATION re 53 Motion for Extension of Time to File Answer filed by Ian Connors. Proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed order to be deleted in accordance with this Courts practices. Proposed documents need to be e-mailed to the proper judge. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2020)
09/14/2020	55	ORDER DENYING without prejudice 53 Consent Motion for Extension of Time to File Answer or Otherwise Respond to Amended Complaint and to Consolidate Response Deadlines by Ian Connors. The Amended Complaint is still subject to screening pursuant to 28 U.S.C. 1915A. No responsive pleading to the Amended Complaint is due at this time. The parties may renew this motion, if necessary, once screening is complete. Signed by Judge J. Phil Gilbert on 9/14/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2020)
09/18/2020	56	MOTION to Appear Pro Hac Vice by Attorney Kevin Warner $200 fee paid,receipt number 0754-4284256 by on behalf of Cristian Noel Iglesias. (Warner, Kevin) (Entered: 09/18/2020)
09/18/2020	57	MOTION to Appear Pro Hac Vice by Attorney Frank Battaglia $200 fee paid,receipt number 0754-4284273 by on behalf of Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 09/18/2020)
09/18/2020	58	MOTION to Appear Pro Hac Vice by Attorney Katherine D. Hundt $200 fee paid,receipt number 0754-4284286 by on behalf of Cristian Noel Iglesias. (Hundt, Katherine) (Entered: 09/18/2020)
09/18/2020	59	MOTION to Appear Pro Hac Vice by Attorney Courtney Block $200 fee paid,receipt number 0754-4284292 by on behalf of Cristian Noel Iglesias. (Block, Courtney) (Entered: 09/18/2020)
09/18/2020	60	ORDER granting 56 Motion to Appear Pro Hac Vice by Attorney Kevin Warner; granting 57 Motion to Appear Pro Hac Vice by Attorney Frank Battaglia; granting 58 Motion to Appear Pro Hac Vice by Attorney Katherine D. Hundt; and granting 59 Motion to Appear Pro Hac Vice by Attorney Courtney Block. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/18/2020)
09/23/2020	61	MOTION to Appear Pro Hac Vice by Attorney Meredith Taylor Brown $200 fee paid,receipt number 0754-4288398 by on behalf of Cristian Noel Iglesias. (Brown, Meredith) (Entered: 09/23/2020)
09/23/2020	62	Summons Requested. (Battaglia, Frank) (Entered: 09/23/2020)
09/24/2020	63	Second MOTION to Appear Pro Hac Vice by Attorney Meredith Taylor Brown by on behalf of Cristian Noel Iglesias. (Brown, Meredith) (Entered: 09/24/2020)
09/24/2020	64	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 Motion to Appear Pro Hac Vice filed by Attorney Meredith Taylor Brown. Document is blank. Attorney has re-filed corrected pleading at doc 63. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/24/2020)
09/24/2020	65	ORDER granting 63 Motion to Appear Pro Hac Vice by Attorney Meredith Taylor Brown. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/24/2020)
09/24/2020	66	Summons Issued as to Alix McLearen. Original document sent to Attorney Frank Battaglia for service. (rah) (Entered: 09/24/2020)
09/24/2020	67	Summons Requested. (Battaglia, Frank) (Entered: 09/24/2020)
10/09/2020	68	Pursuant to Administrative Order No. 277, this case is transferred from Judge J. Phil Gilbert and reassigned to Chief Judge Nancy J. Rosenstengel. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 19-415-NJR. (dkd) (Entered: 10/09/2020)
10/13/2020	69	NOTICE FROM CLERK Instructing Connors and Director of Federal Bureau of Prisons to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Connors and Director of Federal Bureau of Prisons on 10/13/2020. Consent due by 11/3/2020 (tjk) (Entered: 10/13/2020)
10/29/2020	70	Order for Service of Process upon Michael Carvajal, Chris Bina, Ian Connors, LJW Hollingsworth, Alix McClearen, Thomas Scarantino, and Donald Lewis. BOP is DISMISSED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 10/29/2020. (anp) (Entered: 10/29/2020)
11/02/2020	71	REQUEST FOR WAIVER of Service sent to Defendants Carvajal, Bina, Hollingsworth, Scarantino, Lewis, Connors and McLearen on 11/2/2020. Waiver of Service due by 12/2/2020. (jaj) (Entered: 11/02/2020)
11/03/2020	72	Consent MOTION for Extension of Time to File Answer or Move to Dismiss and Consent/Nonconsent to Magistrate Judge by Ian Connors. (Attachments: # 1 Proposed Order)(Smith, Laura) (Entered: 11/03/2020)
11/03/2020	73	ORDER granting 72 Motion for Extension of Time to Answer. Answer to amended complaint as well as return of consent form are due 60 days after service of newly added Defendants to allow for a consolidated response. Signed by Chief Judge Nancy J. Rosenstengel on 11/3/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/03/2020)
11/09/2020	74	MOTION for Reconsideration re 70 Order for Service of Process – Prisoner by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 11/09/2020)
11/13/2020	75	NOTICE of Appearance by Joshua Edward Gardner on behalf of Director of the Federal Bureau of Prisons (Gardner, Joshua) (Entered: 11/13/2020)
11/13/2020	76	RESPONSE to Motion re 74 MOTION for Reconsideration re 70 Order for Service of Process – Prisoner filed by Director of the Federal Bureau of Prisons. (Gardner, Joshua) (Entered: 11/13/2020)
11/13/2020	77	RESPONSE to Motion re 74 MOTION for Reconsideration re 70 Order for Service of Process – Prisoner by Defendant Connors in His Personal Capacity filed by Ian Connors. (Smith, Laura) (Entered: 11/13/2020)
11/17/2020	78	SECOND REQUEST FOR WAIVER of Service sent to Hollingsworth on 11/17/2020. Waiver of Service due by 12/17/2020. (tjk) (Entered: 11/17/2020)
11/17/2020	79	WAIVER OF SERVICE Returned Executed Chris Bina waiver sent on 11/2/2020, answer due 1/4/2021; Donald Lewis waiver sent on 11/2/2020, answer due 1/4/2021; Thomas Scarantino waiver sent on 11/2/2020, answer due 1/4/2021. (tjk) (Entered: 11/17/2020)
11/17/2020	80	WAIVER OF SERVICE Returned Executed Alix McLearen waiver sent on 11/2/2020, answer due 1/4/2021. (tjk) (Entered: 11/17/2020)
11/17/2020	81	MEMORANDUM in Support re 74 MOTION for Reconsideration re 70 Order for Service of Process – Prisoner filed by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 11/17/2020)
11/18/2020	82	WAIVER OF SERVICE Returned Executed Michael Carvajal waiver sent on 11/2/2020, answer due 1/4/2021. (jaj) (Entered: 11/18/2020)
12/17/2020	83	Waiver of Service Returned Unexecuted as to Hollingsworth. (tjk) (Entered: 12/17/2020)
01/11/2021	84	NOTICE of Change of Address by Frank Battaglia (Battaglia, Frank) (Entered: 01/11/2021)
02/04/2021	85	MOTION for Leave to File Second Amended Complaint by Cristian Noel Iglesias. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Warner, Kevin) (Entered: 02/04/2021)
02/18/2021	86	STRICKEN. MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint filed by All Defendants. (Feldon, Gary) (Entered: 02/18/2021)
02/18/2021	87	MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint filed by Ian Connors. (Attachments: # 1 Exhibit)(Smith, Laura) (Entered: 02/18/2021)
02/19/2021	88	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 86 Memorandum in Opposition to Motion filed by Donald Trump, L.J.W. Hollingsworth, Director of the Federal Bureau of Prisons, John Doe, J. Doe, Chris Bina, Deborah Schult, Federal Bureau of Prisons, Warden True, Donald Lewis, Michael Carvajal, Alix McLearen, Ian Connors, Thomas Scarantino. Login used and signature do not match. Filer will re-file documents.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/19/2021)
02/19/2021	89	MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint with Conformed Signature filed by All Defendants. (Feldon, Gary) (Entered: 02/19/2021)
02/19/2021	90	NOTICE of Appearance by Gary Daniel Feldon on behalf of All Defendants (Feldon, Gary) (Entered: 02/19/2021)
02/22/2021	91	NOTICE REGARDING FILING re 90 Notice of Appearance filed by Director of the Federal Bureau of Prisons, J. Doe, Chris Bina, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. The appearance references “all defendants” but L.J.W. Hollingsworth is not listed on notice. This Notice is sent for informational purposes only. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2021)
02/25/2021	92	REPLY to Response to Motion re 85 MOTION for Leave to File Second Amended Complaint filed by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 02/25/2021)
04/06/2021	93	MOTION for Preliminary Injunction and Memorandum in Support by Cristian Noel Iglesias. (Attachments: # 1 Declaration of Dr. Randi Ettner, Ph.D., # 2 Declaration of Cristina Nichole Iglesias)(Knight, John) (Entered: 04/06/2021)
04/09/2021	94	ORDER: This action is before the Court for the purpose of docket control. Defendant L. J. W. Hollingsworth has yet to be served. A request for waiver of service was returned unexecuted on 12/17/2020 (Doc. 83 ). IT IS HEREBY ORDERED that Plaintiff SHALL provide a valid service address within 30 days of the date of this order so that process may be served upon Defendant Hollingsworth. Plaintiff is WARNED that her failure to comply with this Order will result in dismissal of Defendant Hollingsworth from this lawsuit. Signed by Chief Judge Nancy J. Rosenstengel on 4/9/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 4/20/2021 (drb). (Entered: 04/09/2021)
04/12/2021	95	MOTION for Leave to File Excess Pages by Federal Bureau of Prisons. (Gardner, Joshua) (Entered: 04/12/2021)
04/13/2021	96	NOTICE by Cristian Noel Iglesias re 94 Order,, PLAINTIFF’S NOTICE OF COMPLIANCE WITH ECF NO. 94 (Knight, John) (Entered: 04/13/2021)
04/16/2021	97	ORDER granting 95 Motion for Leave to File Excess Pages. Signed by Chief Judge Nancy J. Rosenstengel on 4/16/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/16/2021)
04/20/2021	98	ORDER: This action is before the Court for the purpose of docket control. The Courts Order at Doc. 94 is corrected to reflect the inadvertent use of male pronouns. Signed by Chief Judge Nancy J. Rosenstengel on 4/20/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/20/2021)
04/20/2021	99	RESPONSE in Opposition re 93 MOTION for Preliminary Injunction and Memorandum in Support filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4Exhibit)(Feldon, Gary) (Entered: 04/20/2021)
04/20/2021	100	SEALED RESPONSE to Motion re 93 MOTION for Preliminary Injunction and Memorandum in Support filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Feldon, Gary) (Entered: 04/20/2021)
04/23/2021	101	ORDER granting 85 Motion for Leave to File Amended Complaint. Plaintiff Cristiana Noel Iglesias has until April 30, 2021 to file the Second Amended Complaint. Plaintiff’s counsel will be responsible for service of the newly added Defendants. Plaintiff Cristiana Noel Iglesias is reminded that she must follow Local Rule 15.1 on Amended Pleadings. All new material in an amended pleading must be underlined. Plaintiff Cristiana Noel Iglesias’s Motion for Reconsideration 74 is denied as moot. Signed by Chief Judge Nancy J. Rosenstengel on 4/23/2021.(drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/23/2021)
04/23/2021		Set/Reset Deadlines: Second Amended Complaint due by 4/30/2021. (clt) (Entered: 04/23/2021)
04/26/2021	102	MOTION for Leave to File Excess Pages , MOTION for Extension of Time to File Response/Reply as to 93 MOTION for Preliminary Injunction and Memorandum in Support (AGREED) by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 04/26/2021)
04/27/2021	103	NOTICE by Director of the Federal Bureau of Prisons re 99 Response in Opposition to Motion of Case Developments (Attachments: # 1 Exhibit Declaration of Steven Cole)(Gardner, Joshua) (Entered: 04/27/2021)
04/27/2021	104	ORDER GRANTING MOTION for Leave to File Excess Pages and MOTION for Extension of Time to File Reply. The deadline for Plaintiff Cristina Iglesias’s Reply is extended to May 3, 2021. Plaintiff Iglesias may file a 10-page Reply. (Replies due by 5/3/2021.). Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/27/2021)
04/28/2021	105	NNOTICE by Cristian Noel Iglesias re 93 MOTION for Preliminary Injunction and Memorandum in Support DECLARATION OF CRISTINA NICHOLE IGLESIAS WITH EXECUTED SIGNATURE PAGE (Knight, John) (Entered: 04/28/2021)
04/30/2021	106	AMENDED COMPLAINT (Second) against Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul, Dr. Jeffery Allen, filed by Cristian Noel Iglesias.(Warner, Kevin) (Entered: 04/30/2021)
05/03/2021	107	REPLY to Response to Motion re 93 MOTION for Preliminary Injunction and Memorandum in Support filed by Cristian Noel Iglesias. (Attachments: # 1 Declaration of Dr. Randi Ettner, Ph.D., # 2 Declaration of Cristina Nicole Iglesias)(Warner, Kevin) (Entered: 05/03/2021)
05/03/2021	108	NNOTICE by Cristian Noel Iglesias re 107 Reply to Response to Motion, Certificate of Service (Warner, Kevin) (Entered: 05/03/2021)
05/04/2021	109	NOTICE REGARDING FILING re 108 Notice (Other) filed by Cristian Noel Iglesias. The document attached contains a Certificate of Service. Notices of Filing and Certificates of Service should only be filed as the final page of a pleading, and not a standalone document. Further, login used and signature must match in all future filings. This Notice is sent for informational purposes only. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/04/2021)
05/06/2021	110	EXHIBIT by Cristian Noel Iglesias. Exhibit to 106 Amended Complaint . (Attachments: # 1 Exhibit 1 – 10)(Warner, Kevin) (Entered: 05/06/2021)
05/25/2021	111	NOTICE by All Defendants re 99 Response in Opposition to Motion of Case Developments (Attachments: # 1 Affidavit)(Gardner, Joshua) (Entered: 05/25/2021)
06/04/2021	112	NOTICE by Cristian Noel Iglesias of Service of Second Amended Complaint (Battaglia, Frank) (Entered: 06/04/2021)
06/15/2021	113	NOTICE of Appearance by Joshua Daniel Blecher-Cohen on behalf of Cristian Noel Iglesias (Blecher-Cohen, Joshua) (Entered: 06/15/2021)
06/16/2021	114	STIPULATION (JOINT) TO DISMISS CERTAIN CLAIMS by Cristian Noel Iglesias. (Knight, John) (Entered: 06/16/2021)
06/16/2021	115	NOTICE REGARDING FILING re 114 Stipulation filed by Cristian Noel Iglesias. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/16/2021)
06/17/2021	116	Order for Service of Process upon Dan Sproul and Jeffery Allen. Signed by Chief Judge Nancy J. Rosenstengel on 6/17/2021. (drr) (Entered: 06/17/2021)
06/17/2021	117	REQUEST FOR WAIVER of Service sent to Dan Sproul on 6/17/2021. Waiver of Service due by 7/17/2021. (jaj) (Entered: 06/17/2021)
06/17/2021	118	REQUEST FOR WAIVER of Service sent to Jeffrey Allen on 6/17/2021. Waiver of Service due by 7/17/2021. (jaj) (Entered: 06/17/2021)
06/17/2021	119	ORDER: On May 25, 2021, Defendants notified the Court that Iglesias has arrived at Federal Medical Center at Carswell, Texas. The Court has repeatedly advised Iglesias’s counsel to notify the Court within seven days of the change by filing a Notice of Change of Address. See Docs. 3 , 6 , 70 , and 116 . Iglesias’s counsel has failed to file a Notice of Change of Address confirming Iglesias’s current address. Iglesias’s counsel is reminded that failure to comply with this order will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See Fed. R. Civ. P. 41(b). Signed by Chief Judge Nancy J. Rosenstengel on 6/17/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/17/2021)
06/17/2021	120	NOTICE of Change of Address by John A. Knight (Knight, John) (Entered: 06/17/2021)
06/24/2021	121	ORDER: A hearing as to 93 Motion for Preliminary Injunction is SET for 7/28/2021 at 1:30 PM via video conference before Chief Judge Nancy J. Rosenstengel. Full access to this hearing is available remotely to the public. Instructions to join the hearing are as follows: Call toll free 1-877-336-1831, when prompted enter Access Code 9139610. Instructions to join the hearing via video conference will be emailed to counsel and Carswell FMC. Signed by Chief Judge Nancy J. Rosenstengel on 6/24/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/24/2021)
06/24/2021	122	VIDEO WRIT ISSUED as to Cristian Noel Iglesias 17248-018 to be held July 28, 2021 at 1:30 PM CDT before Chief Judge Nancy J. Rosenstengel. (drb) (Entered: 06/24/2021)
06/24/2021	123	NOTICE by All Defendants Concerning Supplemental Development (Feldon, Gary) (Entered: 06/24/2021)
06/24/2021	124	MOTION for Extension of Time to File Answer re 106 Amended Complaint by All Defendants. (Attachments: # 1 Proposed Order)(Feldon, Gary) (Entered: 06/24/2021)
06/28/2021	125	ORDER denying in part and granting in part MOTION for Extension of Time to File Answer re 106 Amended Complaint. Defendants argue that the Court should grant the motion because it will reduce the burdens on the Court and the parties without causing any undue prejudice. Defendants continue noting that “the Court’s resolution of the PI Motion will therefore directly inform the issues that must be addressed in responding to the Complaint, whether by answering or moving for dismissal under Rule 12” (Doc. 124, p. 3). While this would reduce Defendants’ burden, further briefing on venue and mootness through a Rule 12 motion would reduce the burden on the Court if either party concedes on the venue or mootness issues as it would narrow the issues for the preliminary injunction. If Defendants are seeking more time to prepare the appropriate motions, then they shall have until July 8, 2021 to file an answer or otherwise respond. Signed by Chief Judge Nancy J. Rosenstengel on 6/28/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/28/2021)
07/02/2021	126	Joint MOTION to Clarify The June 24, 2021 Order by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 07/02/2021)
07/06/2021	127	NOTICE REGARDING FILING re 126 Motion to Clarify filed by Cristian Noel Iglesias. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/06/2021)
07/07/2021	128	ORDER GRANTING Joint Motion for Clarification of the June 24, 2021 Order. The parties request the Court’s guidance concerning whether the Court set the hearing for the purpose of legal argument by counsel only, or for introduction of evidence (e.g., witness testimony). To clarify, the purpose is to hear both legal argument and for introduction of evidence. Plaintiff may call herself as a witness and/or Dr. Randi Ettner. All counsel is instructed to email Deana Brinkley, Courtroom Deputy, at deana_brinkley@ilsd.uscourts.gov with the names of witnesses who will need to appear at this hearing by video conference by July 26, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 7/7/2021. (drr) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/07/2021)
07/08/2021	129	MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. Responses due by 8/12/2021 (Attachments: # 1 Exhibit Declaration of Alison Leukefeld)(Gardner, Joshua) (Entered: 07/08/2021)
07/16/2021	130	MOTION to Exclude Untimely and Undisclosed Expert Testimony And Request For Expedited Consideration by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Attachments: # 1 Exhibit)(Gardner, Joshua) (Entered: 07/16/2021)
07/19/2021	131	RESPONSE in Opposition re 130 MOTION to Exclude Untimely and Undisclosed Expert Testimony And Request For Expedited Consideration filed by Cristian Noel Iglesias. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Battaglia, Frank) (Entered: 07/19/2021)
07/20/2021	132	REPLY to Response to Motion re 130 MOTION to Exclude Untimely and Undisclosed Expert Testimony And Request For Expedited Consideration filed by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Attachments: # 1 Exhibit)(Gardner, Joshua) (Entered: 07/20/2021)
07/21/2021	133	ORDER DENYING MOTION to Exclude Untimely and Undisclosed Expert Testimony And Request For Expedited Consideration (Doc. 130 ). Defendants note “[d]espite having months to develop and disclose all of Dr. Ettner’s opinions in support of Plaintiff’s preliminary injunction motion, Plaintiff’s counsel has informed the government, less than two weeks before the evidentiary hearing, that Dr. Ettner intends to provide new opinions and bases for her opinions” (Doc. 130 , p. 3). Defendants continue arguing that “[t]hese new opinions and baseswhich still have not been disclosed to the government and will presumably be formulated only after Dr. Ettner finally examines Plaintiff on July 20-plainly prejudices Defendants’ preparation for the evidentiary hearing only eight days later” (Id.). Defendants explain that “[k]nowing sufficiently in advance the precise nature of Dr. Ettner’s new opinions would have factored into Defendants’ decisions on whether to request a deposition in advance of the evidentiary hearing and which witnesses, if any, Defendants would call to respond to those still-undisclosed opinions” (Id. at p. 4). Rather than limiting Dr. Ettner’s opinions to those she provided in her two declarations in support of Plaintiff’s preliminary injunction motion, the Court will postpone the hearing as to the 93 Motion for Preliminary Injunction until after August 9, 2021. The Court will set the new hearing as to the 93 Motion for Preliminary Injunction by separate order. Signed by Chief Judge Nancy J. Rosenstengel on 7/21/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/21/2021)
07/29/2021	134	NOTICE by Cristian Noel Iglesias re 93 MOTION for Preliminary Injunction and Memorandum in Support Supplemental Declaration in Support of Plaintiff’s Motion for Preliminary Injunction (Attachments: # 1 Exhibit A)(Battaglia, Frank) (Entered: 07/29/2021)
08/03/2021	135	ORDER: A Telephonic Status Conference is SET for 8/30/2021 at 3:00 PM CDT before Chief Judge Nancy J. Rosenstengel. Instructions to join the conference call: (1) call in toll-free 877-336-1831; (2) enter Access Code: 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 8/3/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/03/2021)
08/12/2021	136	MEMORANDUM in Opposition re 129 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 08/12/2021)
08/19/2021	137	REPLY to Response to Motion re 129 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Director of the Federal Bureau of Prisons, Federal Bureau of Prisons. (Feldon, Gary) (Entered: 08/19/2021)
08/30/2021	138	Joint MOTION for Protective Order by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Gardner, Joshua) (Entered: 08/30/2021)
08/30/2021	139	NOTICE REGARDING FILING re 138 Motion for Protective Order filed by Chris Bina, Federal Bureau of Prisons, Dan Sproul, Jeffery Allen, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. A proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). In the future, proposed documents need to be e-mailed to the proper judge. Further, when pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/30/2021)
08/30/2021	140	Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Telephonic Status Conference held on 8/30/2021. Attorneys participating were Angela Povolish, Frank Battaglia, John Knight, Joshua Biecher-Cohen, Kevin Warner, Taylor Brown, Joshua Gardner, Gary Feldon and Laura Jones. A Hearing as to 93 Motion for Preliminary Injunction is SET for 9/21/2021 at 9:00 AM via video conference before Chief Judge Nancy J. Rosenstengel. Information regarding the video conference will be emailed to counsel. Full access to this hearing is available remotely to the public. Instructions to join the hearing are as follows: Call toll free 1-877-336-1831, when prompted enter Access Code 9139610. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/30/2021)
08/31/2021	141	ORDER GRANTING Joint Motion for Protective Order (Doc. 138 ). Signed by Chief Judge Nancy J. Rosenstengel on 8/31/2021. (drr) (Entered: 08/31/2021)
08/31/2021	142	ORDER regarding Federal Rule of Evidence 502(D). Signed by Chief Judge Nancy J. Rosenstengel on 8/31/2021. (drr) (Entered: 08/31/2021)
08/31/2021	143	ORDER all counsel is instructed to email Deana Brinkley, Courtroom Deputy, at deana_brinkley@ilsd.uscourts.gov and chambers at NJRpd@ilsd.uscourts.gov with the names of witnesses who will need to appear at the preliminary injunction hearing by video conference by September 10, 2021. Defendants are further instructed to provide the Court notice by September 10, 2021 regarding 1) whether Defendants will depose Dr. Ettner, 2) when the deposition is scheduled, and 3) whether any additional depositions or discovery is needed to be completed before the hearing over Plaintiff’s preliminary injunction on September 21, 2021. ( Action due by 9/10/2021.). Signed by Chief Judge Nancy J. Rosenstengel on 8/31/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/31/2021)
09/14/2021	144	NOTICE AND ORDER: The Hearing as to 93 Motion for Preliminary Injunction is RESET for 10/19/2021 at 9:00 AM CDT via video teleconference before Chief Judge Nancy J. Rosenstengel. The Warden of FMC Carswell, Fort Worth, Texas, shall arrange to have Cristian Noel Iglesias 17248-018 present via video teleconference at that date and time. A video writ will be issued for plaintiff’s appearance. Information regarding the video conference will be sent by email to all parties and FMC Carswell. Full access to this hearing will be available remotely to the public by calling toll free 1-877-336-1831, when prompted enter Access Code 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 9/14/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2021)
09/14/2021	145	VIDEO WRIT ISSUED as to Cristian Noel Iglesias 17248-018 to be held 10/19/2021 at 9:00 AM CDT via video conference before Chief Judge Nancy J. Rosenstengel. (drb) (Entered: 09/14/2021)
09/14/2021		Set/Reset Deadlines as to 93 Motion for Preliminary Injunction SET for 10/19/2021 at 09:00 AM CDT via video conference before Chief Judge Nancy J. Rosenstengel. (drb) (Entered: 09/14/2021)
10/01/2021	146	MOTION to Compel Expedited Discovery by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 10/01/2021)
10/04/2021	147	MEMORANDUM in Opposition re 146 MOTION to Compel Expedited Discovery filed by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Gardner, Joshua) (Entered: 10/04/2021)
10/04/2021	148	NOTICE by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul of Case Developments (Attachments: # 1 Exhibit)(Gardner, Joshua) (Entered: 10/04/2021)
10/04/2021	149	ORDER: Defendants are ORDERED to respond to Plaintiff’s Motion to Compel by October 8, 2021. Defendants should also address in their response whether they can produce the documents requested by October 15, 2021, and if not, what obstacles they face in producing the requested documents. Signed by Chief Judge Nancy J. Rosenstengel on 10/4/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/04/2021)
10/04/2021		Set/Reset Deadlines as to 146 MOTION to Compel Expedited Discovery. Responses due by 10/8/2021 (clt) (Entered: 10/04/2021)
10/05/2021	150	ORDER: The Court has received Defendants’ Memorandum in Opposition. Ms. Iglesias’s reply is due on or before October 12, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 10/5/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/05/2021)
10/08/2021	151	REPLY to Response to Motion re 146 MOTION to Compel Expedited Discovery filed by Cristian Noel Iglesias. (Attachments: # 1 Exhibit Declaration of Cristina Nichole Iglesias in Support of Plaintiff’s Motion to Compel Expedited Discovery Reply)(Battaglia, Frank) (Entered: 10/08/2021)
10/12/2021	152	NOTICE OF MODIFICATION re 151 Reply to Response to Motion, filed by Cristian Noel Iglesias. The exhibit attached contained sensitive information. Clerk’s Office has removed that document from the docket. No further action is required by the filer in relation to this notification. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/12/2021)
10/13/2021	153	NOTICE of Appearance by Joshua Michael Kolsky on behalf of Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul (Kolsky, Joshua) (Entered: 10/13/2021)
10/13/2021	154	MOTION to Strike 151 Reply to Response to Motion, Or, In the Alternative, Motion for Leave to Submit Declaration by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 10/13/2021)
10/13/2021	155	ORDER GRANTING in Part and DENYING in Part MOTION to Strike 151 Reply to Response to Motion, Or, In the Alternative, Motion for Leave to Submit Declaration by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. Defendants argue that “Plaintiff has raised for the first time in her reply brief an alleged communication between Dr. Elizabeth Stahl, BOP’s Chief Medical Officer, and Dr. Charles Langham, Plaintiff’s treating physician, concerning an alleged recommendation for Plaintiff to receive gender-affirming surgery and permanent hair removal.” (Doc. 154 , p. 2). Defendant continues noting that “[i]n particular, Plaintiff claims in her declaration in support of her reply brief that Dr. Langham informed Plaintiff ‘that Dr. Stahl had considered and deferred my request for gender-affirming surgery and permanent hair removal.'” (Id. at p. 2). This is not a new argument. In Plaintiff’s Motion for Expedited Discovery, Plaintiff notes “[t]hese records include significant materials relating to Defendants’ discussions regarding (and apparent denials of) gender-affirming healthcare for Ms. Iglesias, as well as recent communications between Ms. Iglesias’s current healthcare providers and Federal Bureau of Prisons administrators.” (Doc. 146 , p. 2). However, Plaintiff’s argument on reply is more specific and includes details that Defendants did not have an opportunity to appropriately respond to. Accordingly, Defendants’ leave to file the attached declaration of Dr. Stahl is GRANTED. Signed by Chief Judge Nancy J. Rosenstengel on 10/13/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/13/2021)
10/15/2021	156	ORDER granting in part and denying in part 146 Motion to Compel Expedited Discovery by Cristina Nichole Iglesias. The motion is DENIED as to Iglesias’s request for any communications that Dr. Elizabeth Stahl received regarding gender-affirming surgery or permanent hair removal from Dr. Langham, or any other staff member at FMC Carswell. Additionally, the motion is DENIED to the extent this is a motion to compel. The motion is GRANTED as to Iglesias’s request for: (1) the agendas, minutes, and records from all Transgender Executive Council (“TEC”) and Transgender Critical Care Team (“TCCT”) meetings where Ms. Iglesias was discussed that have not already been produced; (2) all documents about Ms. Iglesias considered by members of the TEC and TCCT; (3) all medical and mental-health records for Ms. Iglesias that have not already been produced for the period of 2019 to present, including unit-staff-only filings; and (4) all communications about Ms. Iglesias sent to or from the TEC, TCCT, and/or Dr. Elizabeth Stahl since May 2021. Signed by Chief Judge Nancy J. Rosenstengel on 10/15/2021. (drr) (Entered: 10/15/2021)
10/18/2021	157	MOTION re 156 Order on Motion to Compel,,,, Motion for Relief From Full Compliance With the Court’s October 15, 2021 Order by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Gardner, Joshua) (Entered: 10/18/2021)
10/18/2021	158	ORDER: The Court has received Defendants’ Motion for Relief. In the interest of judicial economy, the Court will address Defendants’ Motion for Relief at the October 19, 2021 evidentiary hearing. Signed by Chief Judge Nancy J. Rosenstengel on 10/18/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/18/2021)
10/19/2021	159	Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Hearing held on 10/19/2021 via video conference. Plaintiff appeared with counsel, John Knight, Angela Povolish, Frank Battaglia, Joshua Blecher-Cohen and Taylor Brown. Appearing on behalf of defendants were Joshua Gardner, Gary Feldon, Joshua Kolsky, and Laura Jones. The Court was advised of circumstances associated with Dr. Ettner and defendants ability to comply with the Courts order regarding expedited discovery (Doc. 156). The Court GRANTS IN PART and DENIES IN PART 157 Motion re 156 Order on Motion to Compel. The Motion for Relief is GRANTED as to relief from complete compliance by October 19, 2021. The Motion for Relief is DENIED as to keeping the preliminary injunction hearing record open for a period of two weeks after defendants complete their production. Rather, the Court will establish a deadline for defendants to comply with expedited discovery after reviewing the parties status update on October 22, 2021. The parties are reminded to meet and confer and file a status report with the Court by 5:00 PM CDT on October 22, 2021 confirming the following: 1) defendants proposed deadline to the comply with the Courts order on expedited discovery, 2) Dr. Ettners status and availability for November 22, 2021 hearing, 3) Dr. Leukefelds availability for November 22, 2021 hearing, and 4) any additional reasons or considerations as to why the preliminary injunction cannot be held by November 22, 2021. Further, the Court agrees to set aside one full day for this hearing and reset this matter for Monday, November 22, 2021. A separate order will be entered with specific details as to this hearing. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/19/2021)
10/22/2021	160	ORDER denying 129 Defendants’ Motion to Dismiss. Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2021. (drr) (Entered: 10/22/2021)
10/22/2021	161	STATUS REPORT by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Gardner, Joshua) (Entered: 10/22/2021)
10/22/2021	162	STATUS REPORT PLAINTIFF’S NOTICE TO THE COURT by Cristian Noel Iglesias. (Knight, John) (Entered: 10/22/2021)
10/22/2021	163	ORDER: Defendants have proposed a deadline to comply with the Court’s order on expedited discovery by November 22, 2021. In support of this proposed expedited discovery deadline, Defendants note that “an average processing rate (i.e., review and redaction) of twenty-five documents per hour and eight-hour review days, it will take twenty-six full days to review the approximately 5,200 collected documents, absent further narrowing.” (Doc. 161 ). The Court does not have an issue with the estimated time of twenty-five documents per hour. However, Defendants’ estimate is based on one attorney doing this work. Defendants have five attorneys entered in on this case. Thus, even if it just these five attorneys reviewing the estimated 5,200 documents for four hours a day it should take less than 11 days. While the Court appreciates Defendants’ proposed deadline, a November 22nd deadline is unreasonable based on the necessity of these documents. Accordingly, Defendants are ORDERED to comply with the Court’s order on expedited discovery by Friday, November 5, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/22/2021)
10/28/2021	164	NOTICE AND ORDER: The Hearing as to 93 Motion for Preliminary Injunction is SET for 11/22/2021 at 9:00 AM CDT in person before Chief Judge Nancy J. Rosenstengel. Plaintiff and Dr. Ettner will be permitted to appear via video conference. The Warden of FMC Carswell, Fort Worth, Texas, shall arrange to have Cristian Noel Iglesias 17248-018 present via video conference at that date and time. A video writ will be issued for plaintiff’s appearance. Signed by Chief Judge Nancy J. Rosenstengel on 10/28/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/28/2021)
10/28/2021	165	VIDEO WRIT ISSUED as to Cristian Noel Iglesias 17248-018 to be held 11/22/2021 at 9:00 AM CDT before Chief Judge Nancy J. Rosenstengel. (drb) (Entered: 10/28/2021)
11/05/2021	166	MOTION to Appear Pro Hac Vice by Attorney Shannon Lemajeur $200 fee paid,receipt number AILSDC-4626700 by on behalf of Cristian Noel Iglesias. (Lemajeur, Shannon) (Entered: 11/05/2021)
11/08/2021	167	ORDER granting 166 Motion to Appear Pro Hac Vice by Attorney Shannon Lemajeur on behalf of Cristian Noel Iglesias. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/08/2021)
11/08/2021	168	STATUS REPORT PLAINTIFF’S SECOND NOTICE TO THE COURT by Cristian Noel Iglesias. (Knight, John) (Entered: 11/08/2021)
11/17/2021	169	NOTICE of Appearance by John J. Robinson on behalf of All Defendants (Robinson, John) (Entered: 11/17/2021)
11/17/2021	170	NOTICE of Appearance by Kate Talmor on behalf of All Defendants (Talmor, Kate) (Entered: 11/17/2021)
11/17/2021	171	MOTION for Extension of Time to File Answer by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Kolsky, Joshua) (Entered: 11/17/2021)
11/18/2021	172	ORDER GRANTING Defendants’ Motion for Extension of time, nunc pro tunc, to file answer. Defendants’ answer is due on or before 12/3/2021. Signed by Chief Judge Nancy J. Rosenstengel on 11/18/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/18/2021)
11/22/2021	173	Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Hearing as to 93Motion for Preliminary Injunction held on 11/22/2021. Motion taken under advisement. Order to issue. (Court Reporter Karen Waugh.) (drb) (Entered: 11/23/2021)
12/03/2021	174	ANSWER to 106 Amended Complaint by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul.(Kolsky, Joshua) (Entered: 12/03/2021)
12/06/2021	175	Transcript of Motion Hearing held on 11-22-2021, before Judge Nancy J. Rosenstengel. Court Reporter/Transcriber Karen E. Waugh, Telephone number 618-482-9176. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. (kewa) (Entered: 12/06/2021)
12/27/2021	176	ORDER granting in part 93 Motion for Preliminary Injunction. See Order for specifics. Signed by Chief Judge Nancy J. Rosenstengel on 12/27/2021. (drr) (Entered: 12/27/2021)
12/27/2021	177	PRELIMINARY INJUNCTION. See Order for specifics. Signed by Chief Judge Nancy J. Rosenstengel on 12/27/2021. (drr) (Entered: 12/27/2021)
01/14/2022	178	MOTION for Reconsideration (in part) by All Defendants. (Attachments: # 1 Declaration of A. McLearen)(Robinson, John) (Entered: 01/14/2022)
01/17/2022	179	ORDER for expedited briefing on MOTION for Reconsideration (in part) by All Defendants (Doc. 178 ). Iglesias is ordered to file a response to Defendants’ Motion for Reconsideration by January 19, 2022. Any reply to Iglesias’s response is due before noon on January 21, 2022. Signed by Chief Judge Nancy J. Rosenstengel on 1/17/2022.(drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/17/2022)
01/18/2022		Set/Reset Deadlines as to 178 MOTION for Reconsideration (in part). Responses due by 1/19/2022 Replies due by 1/21/2022. (clt) (Entered: 01/18/2022)
01/19/2022	180	RESPONSE to Motion re 178 MOTION for Reconsideration (in part) filed by Cristian Noel Iglesias. (Knight, John) (Entered: 01/19/2022)
01/19/2022	181	ORDER GRANTING 178 Motion for Reconsideration (in part) by All Defendants. Plaintiff “does not oppose the motion due to her pressing concern that any appeal by Defendants of this Court’s order could result in further denial of the medical treatment she so desperately needs.” (Doc. 180). Accordingly, the preliminary injunction will be modified only to remove the requirement that Defendants schedule a court reporter to be present at the TEC meeting and, if the TEC does not recommend Plaintiff for surgery, provide the Court the full transcript of the TEC’s meeting. Defendants, however, shall provide a sworn declaration from a member of the TEC explaining the reasons for the TEC’s decision if the TEC does not recommend Plaintiff for surgery. Signed by Chief Judge Nancy J. Rosenstengel on 1/19/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/19/2022)
01/31/2022	182	MOTION to Withdraw as Attorney by Cristian Noel Iglesias. (Knight, John) (Entered: 01/31/2022)
01/31/2022	183	NOTICE by All Defendants in Compliance with Preliminary Injunction (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 01/31/2022)
02/01/2022	184	ORDER granting 182 Motion to Withdraw as Attorney. Attorney John A. Knight terminated. Signed by Chief Judge Nancy J. Rosenstengel on 2/1/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/01/2022)
02/01/2022	185	ORDER: Plaintiff Iglesias is ordered to file a response to Defendants’ Notice of Compliance with December 27, 2021 Preliminary Injunction by February 8, 2022. Plaintiff Iglesias is further instructed to provide dates of availability in February and March 2022 for further hearings. Defendants shall provide dates of availability for further hearings in February and March 2022 by February 4, 2022. The parties shall send the proposed dates for further hearings via email to NJRpd@ilsd.uscourts.gov. Signed by Chief Judge Nancy J. Rosenstengel on 2/1/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/01/2022)
02/08/2022	186	RESPONSE to 183 Notice (Other) filed by Cristian Noel Iglesias. (Attachments: # 1 Affidavit Declaration of Randi Ettner, Ph.D., # 2 Affidavit Declaration of Cristina Nichole Iglesias, # 3 Affidavit Declaration of Gianna Santoro)(Blecher-Cohen, Joshua) (Entered: 02/08/2022)
02/10/2022	187	ORDER TO SHOW CAUSE: BOP is hereby ORDERED to SHOW CAUSE in writing on or before February 14, 2022, why sanctions should not be imposed. BOP shall address the Court’s legal authority to impose sanctions beyond its inherent authority, and discuss reasons why the Court should not impose sanctions under Rule 11, Rule 56, and 28 U.S.C. § 1927. See United States v. Shaffer Equip. Co., 11 F.3d 450, 458 (4th Cir. 1993) (“the lawyer’s duties to maintain the confidences of a client and advocate vigorously are trumped ultimately by a duty to guard against the corruption that justice will be dispensed on an act of deceit”); Beam v. IPCO Corp., 838 F.2d 242, 249 (7th Cir. 1988) (“[L]awyers owe a duty of candor to the tribunal. Counsel for appellant would be well-advised to observe that violations of this duty can lead to sanctions even more severe than payment of an opponents fees and costs”).Further, IT IS HEREBY ORDERED that Dr. Leukefeld, Dr. Alix McLearen, Joshua Gardner, John Robinson, Joshua Kolsky, and Kate Talmor appear before the undersigned Chief District Judge at the United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, IL 62201, on Tuesday, February 22, 2022, at 9 a.m., to SHOW CAUSE for their failure to adhere to the Court’s order dated December 27, 2021. (Docs. 176, 177). Iglesias’s counsel may question Dr. Leukefeld and Dr. McLearen as to the contents of their previous affidavits and inquire as to BOP’s surgeons specializing in GCS in Florida, whether BOP has contacted surgeons, determined their waitlists, the tasks touched on page three of Doc. 186, additional administrative hurdles by Iglesias being in an RRC in Florida, and other items the Court deems relevant. Joshua Gardner, John Robinson, Joshua Kolsky, and Kate Talmor shall be prepared to discuss their representations in Docs. 100, 129, 130, 147, 157, 161, 178, and 183. Show Cause Response due by 2/14/2022. See order for specifics. Signed by Chief Judge Nancy J. Rosenstengel on 2/10/2022. (drr) (Entered: 02/10/2022)
02/10/2022	188	ORDER: Show Cause Hearing is SET for 2/22/2022 at 9:00 AM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 2/10/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/10/2022)
02/14/2022	189	MOTION to Appear Pro Hac Vice by Attorney James D. Esseks $200 fee paid,receipt number AILSDC-4706787 by on behalf of All Plaintiffs. (Esseks, James) (Entered: 02/14/2022)
02/14/2022	190	NOTICE of Appearance by Daniel Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 02/14/2022)
02/14/2022	191	RESPONSE TO ORDER TO SHOW CAUSE by Donald Lewis, Federal Bureau of Prisons, Thomas Scarantino, Jeffery Allen, Chris Bina, Michael Carvajal, Alix McLearen, Ian Connors, Dan Sproul filed by Donald Lewis, Federal Bureau of Prisons, Thomas Scarantino, Jeffery Allen, Chris Bina, Michael Carvajal, Alix McLearen, Ian Connors, Dan Sproul. (Attachments: # 1 Affidavit of Dr. Alison Leukefeld, # 2 Affidavit of Dr. Alix M. McLearen, # 3 Affidavit of Alexander K. Haas, # 4 Affidavit of Joshua E. Gardner, # 5 Affidavit of Joshua M. Kolsky, # 6 Affidavit of John Robinson, # 7 Affidavit of Gary Feldon, # 8 Affidavit of Kate Talmor)(Schwei, Daniel) (Entered: 02/14/2022)
02/15/2022	192	ORDER granting 189 Motion to Appear Pro Hac Vice by Attorney James D. Esseks on behalf of All Plaintiffs. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/15/2022)
02/16/2022	193	NOTICE AND ORDER: A Show Cause Hearing is SET for 2/22/2022 at 9:00 AM CDT before Chief Judge Nancy J. Rosenstengel. Cristian Noel Iglesias #17248-018 is permitted to appear via video conference. The Warden of FMC Carswell, Fort Worth, Texas shall arrange to have Cristian Noel Iglesias #17248-018 present via video conference at that date and time. A video writ will be issued for plaintiff’s appearance. Signed by Chief Judge Nancy J. Rosenstengel on 2/16/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/16/2022)
02/16/2022	194	VIDEO WRIT ISSUED as to Cristian Noel Iglesias 17248-018 to be held February 22, 2022 at 9:00 AM CDT before Chief Judge Nancy J. Rosenstengel. (drb) (Entered: 02/16/2022)
02/18/2022	195	ORDER REGARDING SHOW CAUSE HEARING set for February 22, 2022: In Kate Talmor’s Declaration, Ms. Talmor explains that she had “no further involvement with the case after the Courts preliminary-injunction hearing.” (Doc. [191-8]). At the hearing, Ms. Talmor’s role was limited to the cross-examination of Plaintiff’s expert witness, Dr. Ettner. (Id.). Accordingly, the Court finds that Kate Talmor no longer needs to appear before the undersigned Chief District Judge at the United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, IL 62201, on Tuesday, February 22, 2022, at 9 a.m. However, Mr. Gary Feldon is ORDERED to appear before the undersigned Chief District Judge at the United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, IL 62201, on Tuesday, February 22, 2022, at 9 a.m., with Joshua Gardner, John Robinson and Joshua Kolsky, and shall be prepared to discuss their representations in Docs. 100, 129, 130, 147, 157, 161, 178, and 183. Mr. Feldon notes that he “was assigned to the above-captioned litigation in September 2021 and since then have been involved in all aspects of the litigation, with the exception of events occurring from November 2 through December 28, 2021, when I was on leave.” (Doc. [191-7]). However, the docket sheet reflects involvement as far back as February 2021. Signed by Chief Judge Nancy J. Rosenstengel on 2/18/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/18/2022)
02/18/2022	196	NOTICE by All Defendants re 191 Response to Order to Show Cause,, Filing of Supplemental Declaration of Mr. Gary Feldon (Attachments: # 1 Affidavit of Gary Feldon (Supplemental))(Schwei, Daniel) (Entered: 02/18/2022)
02/18/2022	197	NOTICE by All Defendants re 191 Response to Order to Show Cause,, Filing of Supplemental Declaration of Dr. Alix M. McLearen (Attachments: # 1 Affidavit of Dr. Alix M. McLearen (Supplemental))(Schwei, Daniel) (Entered: 02/18/2022)
02/21/2022	198	NOTICE AND ORDER: The Court provides the attached order to give further notice of specific conduct by Defendants’ counsel in specific filings to the Court. In the interest of judicial economy and to provide Defendants’ counsel an opportunity to further clarify the record, Defendants’ counsel shall address the issues outlined within in writing by 8 a.m. on February 22, 2022. Signed by Chief Judge Nancy J. Rosenstengel on 2/21/2022. (drr) (Entered: 02/21/2022)
02/22/2022	199	RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. (Schwei, Daniel) (Entered: 02/22/2022)
02/22/2022	200	Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Show Cause Hearing held on 2/22/2022. (Court Reporter Stephanie Rennegarbe.) (drb) (Entered: 02/22/2022)
02/23/2022	202	NOTICE of Appearance of Attorney Brian M. Boynton on behalf of Defendants Federal Bureau of Prisons and, in their official capacities only, Michael Carvajal, Chris Bina, Ian Connors, Dan Sproul, Jeffrey Allen, Alix McLearen, Thomas Scarantino, and Donald Lewis. (kls3) (Entered: 02/23/2022)
02/23/2022	203	NOTICE by All Defendants (Robinson, John) (Entered: 02/23/2022)
02/25/2022	204	STATUS REPORT by All Defendants. (Attachments: # 1 Affidavit (Dr. Alix McLearen))(Kolsky, Joshua) (Entered: 02/25/2022)
02/26/2022	205	ORDER: As Defendants file weekly updates on contacts with the surgeon, the surgeon’s response, and any other items relating to Ms. Iglesias’s care every Friday, Iglesias’s counsel may file responses to the Defendants’ weekly updates every Wednesday by 5 p.m. until further notice. Signed by Chief Judge Nancy J. Rosenstengel on 2/26/2022.(drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/26/2022)
02/27/2022	206	Transcript of Show Cause Hearing held on 02-22-2022, before Chief Judge Nancy J. Rosenstengel. Court Reporter Stephanie Rennegarbe, Telephone number 618-482-9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at https://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2022. Redacted Transcript Deadline set for 3/30/2022. Release of Transcript Restriction set for 5/31/2022. (skr) (Entered: 02/27/2022)
02/28/2022	207	CConsent MOTION for Extension of Time to File Supplemental Response to Court’s Order of Feb. 21 Regarding Potential Sanctions by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Schwei, Daniel) (Entered: 02/28/2022)
02/28/2022	208	ORDER GRANTING Consent Motion for Extension of Time to File Supplemental Response (Doc. 207 ). Defendants shall have until 5 p.m. on Friday, March 4 to file their supplemental response to the Court’s February 21, 2022 Order. Signed by Chief Judge Nancy J. Rosenstengel on 2/28/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/28/2022)
03/01/2022		Set/Reset Deadlines as to Defendants Supplemental Response due by 3/4/2022 (clt) (Entered: 03/01/2022)
03/02/2022	209	RESPONSE to 204 Status Report filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/02/2022)
03/02/2022	210	RESPONSE regarding Procurement Issues filed by All Defendants. (Attachments: # 1 Declaration of William Robinson)(Robinson, John) (Entered: 03/02/2022)
03/02/2022	211	Sealed Document (NaphCare Contract) re 210 Response by All Defendants. (Attachments: # 1 Performance work statement)(Robinson, John) (Entered: 03/02/2022)
03/04/2022	212	STATUS REPORT by All Defendants. (Attachments: # 1 Affidavit (Epplin Declaration))(Kolsky, Joshua) (Entered: 03/04/2022)
03/04/2022	213	MOTION for a Modified Preliminary Injunction and Response to Show Cause Order by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/04/2022)
03/04/2022	214	RESPONSE TO ORDER TO SHOW CAUSE by Donald Lewis, Federal Bureau of Prisons, Thomas Scarantino, Jeffery Allen, Chris Bina, Michael Carvajal, Alix McLearen, Ian Connors, Dan Sproul filed by Donald Lewis, Federal Bureau of Prisons, Thomas Scarantino, Jeffery Allen, Chris Bina, Michael Carvajal, Alix McLearen, Ian Connors, Dan Sproul. (Attachments: # 1 Exhibit A – Gardner Suppl Decl, # 2 Exhibit B – Feldon Third Decl, # 3 Exhibit C – Kolsky Suppl Decl, # 4 Exhibit D – Robinson Suppl Decl, # 5 Exhibit E – Leukefeld Depo Tr excerpt (Not Subject to Protective Order), # 6 Exhibit F – Leukefeld Depo Tr excerpt (Redacted due to Protective Order))(Schwei, Daniel) (Entered: 03/04/2022)
03/07/2022	215	ORDER: Plaintiff has filed a Motion for a Modified Preliminary Injunction. Defendants shall file a response by Friday, March 11th. Signed by Chief Judge Nancy J. Rosenstengel on 3/7/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/07/2022)
03/07/2022		Set Deadlines as to 213 MOTION for a Modified Preliminary Injunction and Response to Show Cause Order. Responses due by 3/11/2022 (clt) (Entered: 03/07/2022)
03/08/2022	216	MOTION to Appear Pro Hac Vice by Attorney Lisa Nowlin-Sohl $200 fee paid,receipt number AILSDC-4722526 by on behalf of All Plaintiffs. (Nowlin-Sohl, Lisa) (Entered: 03/08/2022)
03/08/2022	217	ORDER granting 216 Motion to Appear Pro Hac Vice of Attorney Lisa Nowlin-Sohl on behalf of Plaintiff. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/08/2022)
03/09/2022	218	NOTICE of Appearance by Lisa Nowlin-Sohl on behalf of Cristian Noel Iglesias (Nowlin-Sohl, Lisa) (Entered: 03/09/2022)
03/09/2022	219	RESPONSE to 212 Status Report filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/09/2022)
03/12/2022	220	STATUS REPORT by All Defendants. (Attachments: # 1 Declaration of Jenna Epplin)(Robinson, John) (Entered: 03/12/2022)
03/12/2022	221	Sealed Document re 220 Status Report by All Defendants. (Robinson, John) (Entered: 03/12/2022)
03/12/2022	222	MEMORANDUM in Opposition re 213 MOTION for a Modified Preliminary Injunction and Response to Show Cause Order filed by All Defendants. (Kolsky, Joshua) (Entered: 03/12/2022)
03/15/2022	223	NOTICE of Appearance by James D. Esseks on behalf of All Plaintiffs (Esseks, James) (Entered: 03/15/2022)
03/16/2022	224	SEALED RESPONSE to 220 Status Report filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/16/2022)
03/16/2022	225	REPLY to Response to Motion re 213 MOTION for a Modified Preliminary Injunction and Response to Show Cause Order filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/16/2022)
03/16/2022	226	NOTICE of Change of Address by Frank Battaglia (Battaglia, Frank) (Entered: 03/16/2022)
03/18/2022	227	Sealed Document Status Report by All Defendants. (Attachments: # 1 Exhibit A, # 2 Declaration of Jenna Epplin)(Robinson, John) (Entered: 03/18/2022)
03/23/2022	228	SEALED RESPONSE to 227 Sealed Document filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 03/23/2022)
03/25/2022	229	STATUS REPORT by All Defendants. (Attachments: # 1 Affidavit (Declaration of Jenna Epplin))(Kolsky, Joshua) (Entered: 03/25/2022)
03/30/2022	230	RESPONSE to 229 Status Report filed by Cristian Noel Iglesias. (Attachments: # 1 Declaration of Cristina Nichole Iglesias)(Battaglia, Frank) (Entered: 03/30/2022)
04/01/2022	231	STATUS REPORT by All Defendants. (Attachments: # 1 Affidavit (Epplin Declaration))(Kolsky, Joshua) (Entered: 04/01/2022)
04/06/2022	232	RESPONSE to 231 Status Report filed by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 04/06/2022)
04/08/2022	233	STATUS REPORT by All Defendants. (Attachments: # 1 Declaration of Jenna Epplin)(Robinson, John) (Entered: 04/08/2022)
04/11/2022	234	SEALED RESPONSE to 233 Status Report filed by Cristian Noel Iglesias. (Attachments: # 1 Declaration of Gianna Santoro, # 2 Declaration of Cristina Nichole Iglesias, # 3 Declaration of Lisa (Li) Nowlin-Sohl)(Lemajeur, Shannon) (Entered: 04/11/2022)
04/15/2022	235	MOTION for Leave to Supplement Motion to Modify Preliminary Injunction by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 04/15/2022)
04/15/2022	236	Sealed Document Exhibit A re 235 Motion for Miscellaneous Relief by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 04/15/2022)
04/15/2022	237	Sealed Document Status Report by All Defendants. (Attachments: # 1 Declaration of Jenna Epplin)(Robinson, John) (Entered: 04/15/2022)
04/18/2022	238	ORDER granting in part and denying in part MOTION for a Modified Preliminary Injunction (Doc. 213 ). See order for specifics. Additionally, BOP and its attorneys are hereby ORDERED to SHOW CAUSE in writing on or before April 28, 2022, why sanctions should not be imposed and address the items within the order. The show cause hearing will be set by separate order. Signed by Chief Judge Nancy J. Rosenstengel on 4/18/2022. (drr) (Entered: 04/18/2022)
04/18/2022	239	PRELIMINARY INJUNCTION. See Order for specifics. Signed by Chief Judge Nancy J. Rosenstengel on 4/18/2022. (drr) (Entered: 04/18/2022)
04/18/2022	240	ORDER GRANTING MOTION for Leave to Supplement Motion to Modify Preliminary Injunction. (Doc. 235 ). Signed by Chief Judge Nancy J. Rosenstengel on 4/18/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/18/2022)
04/19/2022		Show Cause Response due by 4/28/2022. (clt) (Entered: 04/19/2022)
04/19/2022	241	Sealed Document re 234 Sealed Response by Cristian Noel Iglesias. (Lemajeur, Shannon) (Entered: 04/19/2022)
04/20/2022	242	Emergency MOTION for Extension of Time to Comply With Paragraph 6 of Preliminary Injunction (Unopposed Motion) by All Defendants. (Kolsky, Joshua) (Entered: 04/20/2022)
04/20/2022	243	ORDER: A Show Cause Hearing is SET for 5/9/2022 at 8:30 AM at the East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Dr. Alix McLearen, Jenna Epplin, John Robinson, Joshua Kolsky, Joshua Gardner, Gary Feldon, Daniel Schwei, and Brian M. Boynton are to appear before the undersigned Chief District Judge to SHOW CAUSE why civil contempt sanctions should not be imposed against the BOP or Dr. Alix McLearen for violating the Court’s Preliminary Injunction Order (Docs. 176, 177). Also, they are further ORDERED to SHOW CAUSE why sanctions should not be imposed against the BOP and DOJ attorneys under Rule 11(c)(1) of the Federal Rules of Procedure and the Court’s inherent power to sanction. At the hearing, Iglesias’s counsel may question Dr. McLearen and Jenna Epplin as to the contents of their previous affidavits and inquire as to NaphCare/BOP’s surgeons specializing in GCS, whether BOP/NaphCare has contacted surgeons, determined their waitlists, the tasks touched on page three of Doc. 186, additional administrative hurdles by Iglesias being in an RRC in Florida, and other items the Court deems relevant. Signed by Chief Judge Nancy J. Rosenstengel on 4/20/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/20/2022)
04/20/2022	244	SEALED RESPONSE to 237 Sealed Document (Plaintiff’s Response to Defendants’ April 15, 2022 Status Report) filed by Cristian Noel Iglesias. (Attachments: # 1 Exhibit A to Plaintiff’s Response, # 2 Affidavit of Cristina Nichole Iglesias in Support of Plaintiff’s Response)(Blecher-Cohen, Joshua) (Entered: 04/20/2022)
04/20/2022	245	ORDER GRANTING Emergency MOTION for Extension of Time to Comply With Paragraph 6 of Preliminary Injunction (Unopposed Motion). Defendants shall have until April 28, 2022 to comply with Paragraph 6. Signed by Chief Judge Nancy J. Rosenstengel on 4/20/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/20/2022)
04/22/2022	246	STRICKEN. EXHIBIT by Cristian Noel Iglesias. Exhibit to 244 Sealed Response, (Supplemental). (Battaglia, Frank) Modified on 4/22/2022 (clt). (Entered: 04/22/2022)
04/22/2022	247	Sealed Document (Supplemental Exhibits) re 244 Sealed Response, by Cristian Noel Iglesias. (Attachments: # 1 Exhibit A – Ettner Deposition, # 2 Exhibit B – Leukefeld Deposition)(Battaglia, Frank) (Entered: 04/22/2022)
04/22/2022	248	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 246 Exhibit filed by Cristian Noel Iglesias. Document is duplicative of the document filed at Doc. 247. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2022)
04/22/2022	249	Sealed Document (Status Report) by All Defendants. (Attachments: # 1 Exhibit A, # 2 Affidavit (Epplin Declaration), # 3 Affidavit (Fearday Declaration))(Kolsky, Joshua) (Entered: 04/22/2022)
04/24/2022	250	Sealed Document re 249 Sealed Document by All Defendants. (Attachments: # 1 Affidavit (Corrected Epplin Declaration))(Kolsky, Joshua) (Entered: 04/24/2022)
04/26/2022	251	Joint MOTION to Modify the Court’s April 18, 2022 Preliminary Injunction (Expedited Motion) by All Defendants. (Attachments: # 1 Exhibit A (Proposed Modified Preliminary Injunction))(Kolsky, Joshua) (Entered: 04/26/2022)
04/26/2022	252	ORDER GRANTING Joint MOTION to Modify the Court’s April 18, 2022 Preliminary Injunction (Expedited Motion) by All Defendants. (Doc. 251 ). The Order includes specific instructions as to the Court’s MODIFIED PRELIMINARY INJUNCTION. Signed by Chief Judge Nancy J. Rosenstengel on 4/26/2022. (drr) (Entered: 04/26/2022)
04/26/2022	253	ORDER: In light of the Court’s recent ruling, the Show Cause Hearing set for 5/9/2022 is CANCELED. Signed by Chief Judge Nancy J. Rosenstengel on 4/26/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/26/2022)
04/27/2022		Set/Reset Deadlines: Show Cause Response due by 5/26/2022. (clt) (Entered: 04/27/2022)
04/28/2022	254	Sealed Document (Notice in Compliance with the Court’s April 26, 2022 Preliminary Injunction) by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Robinson, John) (Entered: 04/28/2022)
05/05/2022	255	MOTION to Withdraw Appearance of Kevin Warner, Katherine D. Hundt, and Courtney Block by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 05/05/2022)
05/06/2022	256	Sealed Document (Defendants’ Notice) by All Defendants. (Attachments: # 1 Exhibit A (Outline of Timeline), # 2 Affidavit (Robinson Declaration))(Kolsky, Joshua) (Entered: 05/06/2022)
05/09/2022	257	ORDER GRANTING Motion to Withdraw Appearance. (Doc. 255 ). Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/09/2022)
05/10/2022	258	STRICKEN – SEALED ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 5/10/2022. (drr) Modified on 5/10/2022 (drb). (Entered: 05/10/2022)
05/10/2022	259	NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 258 Sealed Order. Order attached contained incorrect date of signature. Order has been corrected and will be refiled. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/10/2022)
05/10/2022	260	SEALED ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 5/10/2022. (drb) (Entered: 05/10/2022)
05/12/2022	261	Sealed Document re 244 Sealed Response, by Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 05/12/2022)
05/12/2022	262	Sealed Document Defendants’ Notice by All Defendants. (Attachments: # 1 Exhibit A)(Kolsky, Joshua) (Entered: 05/12/2022)
05/17/2022	263	Joint MOTION to Modify Preliminary Injunction , and Joint Status Report by All Defendants. (Attachments: # 1 Exhibit (Proposed Order), # 2 Affidavit (Epplin Declaration))(Kolsky, Joshua) (Entered: 05/17/2022)
05/19/2022	264	NOTICE by All Defendants re 263 Joint MOTION to Modify Preliminary Injunction , and Joint Status Report (Attachments: # 1 Affidavit (Epplin Declaration))(Kolsky, Joshua) (Entered: 05/19/2022)
05/19/2022	265	ORDER GRANTING Joint MOTION to Modify the Preliminary Injunction. (Doc. 263 ). The Order includes specific instructions as to the Court’s MODIFIED PRELIMINARY INJUNCTION. Signed by Chief Judge Nancy J. Rosenstengel on 5/19/2022. (drr) (Entered: 05/19/2022)
05/27/2022	266	RESPONSE to 260 Order, Set Deadlines filed by All Defendants. (Attachments: # 1 Third Declaration of William Robinson)(Robinson, John) (Entered: 05/27/2022)
05/27/2022	267	Joint MOTION for Entry of Stipulated Order and to Modify the Court’s April 26, 2022 Preliminary Injunction by All Defendants. (Attachments: # 1 Exhibit 1 Proposed stipulated order, # 2 Exhibit 2 Settlement agreement)(Robinson, John) (Entered: 05/27/2022)
05/27/2022	268	Sealed Document Joint Proposed Sealed Supplement to Stipulated Order by All Defendants. (Robinson, John) (Entered: 05/27/2022)
05/31/2022	269	ORDER GRANTING Joint Motion for Entry of Stipulated Order and to Modify the Court’s April 26, 2022 Preliminary Injunction. (Doc. 267 ). See stipulated order for details. Signed by Chief Judge Nancy J. Rosenstengel on 5/31/2022. (drr) (Entered: 05/31/2022)
05/31/2022	270	SEALED SUPPLEMENT TO STIPULATED ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 5/31/2022. (drr) (Entered: 05/31/2022)
06/01/2022	271	ORDER STAYING CASE: In the order granting the Joint Motion for Entry of Stipulated Order (Doc. 269 ), the Court ordered that “[t]his case is stayed in all respects through January 3, 2023, except that the Parties shall file the proposed order(s) pursuant to paragraph 10 and shall continue to file the joint status reports pursuant to paragraph 9 and may seek the Court’s involvement in determining a payment amount pursuant to paragraph 8 without moving to lift the stay.” All proceedings and deadlines in this case are stayed through January 3, 2023, except for the items discussed above and “Defendants also will file their response to the Court’s Memorandum and Order of April 18, 2022 (Doc. 238 ), showing cause why Defendants and individual attorneys should not be held in contempt and/or sanctioned, on June 9, 2022, in accordance with the Court’s modified Preliminary Injunction (Doc. 265 ) 2.” (Doc. 267 , p. 2). Signed by Chief Judge Nancy J. Rosenstengel on 6/1/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/01/2022
06/03/2022	272	MOTION for Extension of Time to File Response to April 18, 2022 Order (Unopposed) by All Defendants. (Kolsky, Joshua) (Entered: 06/03/2022)
06/06/2022	273	ORDER GRANTING MOTION for Extension of Time to File Response to April 18, 2022 Order (Unopposed). Defendants have until June 30, 2022 to file their written response. Signed by Chief Judge Nancy J. Rosenstengel on 6/6/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/06/2022)
06/07/2022		Set/Reset Deadlines as to Defendant’s Responses due by 6/30/2022 (jlh) (Entered: 06/07/2022)
06/10/2022	274	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 06/10/2022)
06/13/2022	275	NOTICE REGARDING FILING re 274 Status Report filed by Chris Bina, Federal Bureau of Prisons, Dan Sproul, Jeffery Allen, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/13/2022)
06/29/2022	276	NOTICE of Appearance by James Jordan Gilligan on behalf of All Defendants (Gilligan, James) (Entered: 06/29/2022)
06/30/2022	277	MOTION for Extension of Time (Defendants Unopposed Motion for One-Day Extension of Time To File Their Response to the Courts Memorandum and Order of April 18, 2022) by All Defendants. (Gilligan, James) (Entered: 06/30/2022)
06/30/2022	278	ORDER GRANTING MOTION for Extension of Time to File Response to April 18, 2022 Order (Unopposed). Defendants have until July 1, 2022 to file their written response. Signed by Chief Judge Nancy J. Rosenstengel on 6/30/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/30/2022)
06/30/2022		Set/Reset Deadlines as to Defendants Responses due by 7/1/2022 (jlh) (Entered: 06/30/2022)
07/01/2022	279	Sealed Document (Defendants’ Response to the Court’s Memorandum and Order of April 18, 2022) re 238 Order on Motion for Miscellaneous Relief, by All Defendants. (Attachments: # 1 Affidavit Boynton Declaration, # 2 Affidavit Epplin Declaration, # 3 Affidavit Feldon Declaration, # 4 Affidavit Gardner Declaration, # 5 Affidavit Haas Declaration, # 6 Affidavit Kolsky Declaration, # 7 Affidavit McLearen Declaration, # 8 Affidavit Robinson Declaration, # 9 Affidavit Schwei Declaration)(Gilligan, James) (Entered: 07/02/2022)
07/02/2022	280	RESPONSE TO ORDER TO SHOW CAUSE by All Defendants. (Attachments: # 1 Affidavit Boynton Declaration, # 2 Affidavit Epplin Declaration, # 3 Affidavit Feldon Declaration, # 4 Affidavit Gardner Declaration, # 5 Affidavit Haas Declaration, # 6 Affidavit Kolsky Declaration, # 7 Affidavit McLearen Declaration, # 8 Affidavit Robinson Declaration, # 9 Affidavit Schwei Declaration)(Gilligan, James) (Entered: 07/02/2022)
07/08/2022	281	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit (Gregg Fearday Declaration))(Kolsky, Joshua) (Entered: 07/08/2022)
07/11/2022	282	NOTICE REGARDING FILING re 281 Status Report filed by Chris Bina, Federal Bureau of Prisons, Dan Sproul, Jeffery Allen, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language “with consent” with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required.(kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/11/2022)
07/12/2022	283	NOTICE by All Defendants Regarding Paragraph 10 of the Court’s May 31, 2022 Stipulated Order (Attachments: # 1 Proposed Order)(Kolsky, Joshua) (Entered: 07/12/2022)
07/13/2022	284	NOTICE OF MODIFICATION re 283 Notice (Other) filed by Chris Bina, Federal Bureau of Prisons, Dan Sproul, Jeffery Allen, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. Proposed order was attached to the main document. Proposeddocuments are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed order to be deleted in accordancewith this Courts practices. Proposed documents need to be e-mailed to the properjudge.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/13/2022)
07/15/2022	285	ORDER APPOIINTING SPECIAL MASTER. The Court selects as Special Master in this case G. Patrick Murphy of the law firm Murphy & Murphy LLC in Marion, Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 7/15/2022. (drb) (Entered: 07/15/2022)
07/15/2022	286	AFFIDAVIT Declaration of G. Patrick Murphy by G. Patrick Murphy. (Murphy, G.) (Entered: 07/15/2022)
08/01/2022	287	ORDER: Cristina Nichole Iglesias called the chambers of the undersigned and left a voicemail message requesting a phone conference because she is unsatisfied with her legal counsel. Because Iglesias is represented by counsel, she must refrain from communicating with the Court. Of course, Iglesias can file a pleading that asks for counsel to withdraw from representation. Iglesias’s counsel is INSTRUCTED, however, to contact Iglesias to discuss the status of the case. The Court has asked the Special Master to address this issue with all counsel. Signed by Chief Judge Nancy J. Rosenstengel on 8/1/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/01/2022)
08/05/2022	288	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Gregg Fearday)(Robinson, John) (Entered: 08/05/2022)
08/08/2022	289	NOTICE REGARDING FILING re 288 Status Report filed by Chris Bina, Federal Bureau of Prisons, Dan Sproul, Jeffery Allen, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. This Notice is sent for informational purposes only. (kdw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/08/2022)
08/11/2022	290	NOTICE of Appearance by Michelle Teresa Garcia on behalf of Cristian Noel Iglesias (Garcia, Michelle) (Entered: 08/11/2022)
08/12/2022	291	MOTION to Withdraw as Attorney by Joshua D. Blecher-Cohen by Cristian Noel Iglesias. (Blecher-Cohen, Joshua) (Entered: 08/12/2022)
08/15/2022	292	ORDER GRANTING Motion to Withdraw as Attorney. (Doc. 291 ). Signed by Chief Judge Nancy J. Rosenstengel on 8/15/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/15/2022)
09/02/2022	293	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Gregg Fearday)(Robinson, John) (Entered: 09/02/2022)
09/30/2022	294	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit (Fearday Declaration))(Kolsky, Joshua) (Entered: 09/30/2022)
10/28/2022	295	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 10/28/2022)
11/18/2022	296	Joint MOTION for Extension of Time to file Joint Status Report by All Defendants. (Robinson, John) (Entered: 11/18/2022)
11/21/2022	297	ORDER GRANTING Joint MOTION for Extension of Time to file Joint Status Report by All Defendants. (Doc. 296 ). The parties shall have until December 2, 2022 to submit their next joint status report. Signed by Chief Judge Nancy J. Rosenstengel on 11/21/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/21/2022)
11/22/2022		Set/Reset Deadlines: Status Report due by 12/2/2022. (adh) (Entered: 11/22/2022)
12/02/2022	298	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 12/02/2022)
12/29/2022	299	Sealed Document (Joint Status Report) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 12/29/2022)
01/03/2023	300	SEALED ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 1/3/2023. (drr) (Entered: 01/03/2023)
01/12/2023	301	Sealed Document (Joint Notice Regarding January 3, 2023 Sealed Order) re 300 Order by All Defendants. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 01/12/2023)
01/18/2023	302	Sealed Document (Joint Response to January 3, 2023 Sealed Order) by All Defendants. (Kolsky, Joshua) (Entered: 01/18/2023)
01/23/2023	303	ORDER: The Court has reviewed the items filed on January 12, 2023 and January 18, 2023. (Docs. 301 & 302 ). The Court needs no further information. The Parties complied with the Court’s order from January 3, 2023. (Doc. 300 ). Signed by Chief Judge Nancy J. Rosenstengel on 1/23/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/23/2023)
01/26/2023	304	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 01/26/2023)
02/23/2023	305	Sealed Document (Joint Status Report) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 02/23/2023)
03/10/2023	306	Joint MOTION to Modify the Court’s May 31, 2022 Stipulated Order by All Defendants. (Attachments: # 1 Proposed order)(Robinson, John) (Entered: 03/10/2023)
03/10/2023	307	Sealed Document re Surgeon’s Name by All Defendants. (Robinson, John) (Entered: 03/10/2023)
03/13/2023	308	ORDER GRANTING Joint MOTION to Modify the Courts May 31, 2022 Stipulated Order by All Defendants. (Doc. 306 ). Signed by Chief Judge Nancy J. Rosenstengel on 3/13/2023. (drr) (Entered: 03/13/2023)
03/23/2023	309	Consent MOTION for Extension of Time to File Joint Status Report by All Defendants. (Kolsky, Joshua) (Entered: 03/23/2023)
03/23/2023	310	Sealed Document (Joint Status Report) by All Defendants. (Kolsky, Joshua) (Entered: 03/23/2023)
03/27/2023	311	ORDER GRANTING Consent MOTION for Extension of Time to File Joint Status Report by All Defendants. The deadline for the parties to file their next status report is extended until April 4, 2023. Signed by Chief Judge Nancy J. Rosenstengel on 3/27/2023. (drr) (Entered: 03/27/2023)
03/27/2023		Status Report due by 4/4/2023. (aza) (Entered: 03/27/2023)
04/04/2023	312	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 04/04/2023)
04/05/2023	313	ORDER: The parties are ORDERED to explain the following in the next status report or earlier: (1) whether the stay should be lifted; (2) whether the DOJ has “includ[ed] this matter as a case study in future trainings for the entire Branch, so that current and future Branch attorneys can benefit and learn from this unfortunate experience” (Doc. [280-5], p. 6); (3) an estimation of when the parties will jointly move to modify the Order at Doc. 269 and be relieved from the reporting obligation; (4) whether the BOP has made the required payments (Doc. 267 , p. 2); and (5) an estimation of when Plaintiff will file a stipulation of dismissal with prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 4/5/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/05/2023)
04/06/2023	314	ORDER: The Court’s orders to show cause contained in its February 10, 2022 and April 18, 2022 Memorandum and Orders (Docs. 187 , 238 ) are discharged, and no sanctions will be issued for contempt or otherwise against BOP or its counsel. Signed by Chief Judge Nancy J. Rosenstengel on 4/6/2023. (drr) (Entered: 04/06/2023)
05/02/2023	315	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 05/02/2023)
05/30/2023	316	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 05/30/2023)
06/27/2023	317	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Shari Himlie)(Robinson, John) (Entered: 06/27/2023)
07/20/2023	318	Joint MOTION to Amend/Correct 269 Order on Motion for Miscellaneous Relief to Modify Paragraph 9 of the Court’s May 31, 2022 Stipulated Order by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, L.J.W. Hollingsworth, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Attachments: # 1 Proposed Order)(Schwei, Daniel) (Entered: 07/20/2023)
07/25/2023	319	STATUS REPORT (Joint) by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. (Schwei, Daniel) (Entered: 07/25/2023)
07/28/2023	320	ORDER GRANTING Joint MOTION to Amend/Correct 269 Order on Motion for Miscellaneous Relief to Modify Paragraph 9 of the Court’s May 31, 2022 Stipulated Order by Jeffery Allen, Chris Bina, Michael Carvajal, Ian Connors, Federal Bureau of Prisons, L.J.W. Hollingsworth, Donald Lewis, Alix McLearen, Thomas Scarantino, Dan Sproul. Signed by Chief Judge Nancy J. Rosenstengel on 7/28/2023. (drr) (Entered: 07/28/2023)
08/22/2023	321	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Charissa Hurt)(Schwei, Daniel) (Entered: 08/22/2023)
10/17/2023	322	STATUS REPORT (Joint) by All Defendants. (Attachments: # 1 Declaration of Stephanie Long)(Robinson, John) (Entered: 10/17/2023)
12/12/2023	323	Joint MOTION to Dismiss with Prejudice by All Plaintiffs. (Nowlin-Sohl, Li) (Entered: 12/12/2023)
12/13/2023	324	ORDER re 323 Joint Motion to Dismiss with Prejudice. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared. On December 12, 2023, Plaintiff filed a stipulation of dismissal with prejudice, signed by all parties. The notice effected the immediate dismissal of the suit. The Clerk’s Office shall enter judgment and close the case. Signed by Chief Judge Nancy J. Rosenstengel on 12/13/2023. (lrs)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/13/2023)
12/13/2023	325	CLERK’S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 12/13/2023. (lrs) (Entered: 12/13/2023)

Last updated 03/13/2024
Reconciled with online docket 02/24/2024

Equality Case Files

Equal Justice for All

S.D. Ill. 3:19-cv-00415 Docket