Dunn et al v. Thomas et al

Filing 4081

ORDER ON MONITORING MATTERS: There are two matters before the court that implicate the forthcoming performance measures and audit tools that will be used to monitor compliance with this case's remedial provisions. The first is the parties 9; list of what they believe to be potentially resolvable monitoring-related issues. See Joint Status Report On Potentially Resolvable Monitoring-Related Issues (Doc. 4046 ). That list of issues has been fully briefed. See Briefs (Doc. 4063 , Doc. 4070 , & Doc. 4076 ). The second is the parties' forthcoming objections to the EMT's performance measures and audit tools, which are currently due on 12/5/2023. See Revised Remedy Scheduling Order (Doc. 4055 ) at 4, cells III.A.2-4. At t he on-the-record hearing held on November 21, the parties represented that they believe the best way for them to narrow and develop their objections to the measures and tools is for the court to attempt to resolve the monitoring-related issues before requiring the submission of the parties' objections to the measures and tools.The parties' ultimate objections to the measures and tools will not be due until after the court makes an attempt to resolve the monitoring-related issues, which may require oral argument to be set at a later date. Once resolved, the court will then reset a date for submission of any objections to the measures and tools. Accordingly, therefore, based on the representations made on the record, the court will first take up the potentially resolvable monitoring-related issues. It is ORDERED that: (1) The parties are to file a joint statement by 11/28/2023, at 5:00 p.m. as further set out in the order. (2) Submission of the EMT's finalized proposed performance measures and audit tools and the parties' objections to the measures and tools are suspended until further notice. Signed by Honorable Judge Myron H. Thompson on 11/21/2023. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
v.
JOHN HAMM, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

ORDER ON MONITORING MATTERS
There are two matters before the court that implicate
the forthcoming performance measures and audit tools that
will be used to monitor compliance with this case’s
remedial provisions.
what

they

believe

The first is the parties’ list of
to

monitoring-related issues.
Potentially
(Doc. 4046).

Resolvable

be

potentially

resolvable

See Joint Status Report On
Monitoring-Related

Issues

That list of issues has been fully briefed.

See Briefs (Doc. 4063, Doc. 4070, & Doc. 4076).

The

second is the parties’ forthcoming objections to the

EMT’s performance measures and audit tools, which are
currently due on December 5, 2023.

See Revised Remedy

Scheduling Order (Doc. 4055) at 4, cells III.A.2–4.
At the on-the-record hearing held on November 21,
the parties represented that they believe the best way
for them to narrow and develop their objections to the
measures and tools is for the court to attempt to resolve
the

monitoring-related

issues

before

requiring

the

submission of the parties’ objections to the measures and
tools.
Therefore, based on the representations made on the
record, the court will first take up the potentially
resolvable monitoring-related issues.
parties

will

need

to

submit

samples

To do so, the
of

the

EMT’s

performance measures and audit tools relevant to each
issue from which the court can anchor its analysis.

The

court is concerned that it cannot practically resolve an
issue that impacts the measures and tools without ever
having seen what a measure or a tool looks like, and, in
particular, what ones related to the issues before the
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court look like.

The parties’ ultimate objections to the

measures and tools will not be due until after the court
makes

an

attempt

to

resolve

the

monitoring-related

issues, which may require oral argument to be set at a
later date.

Once resolved, the court will then reset a

date for submission of any objections to the measures and
tools.
Accordingly, it is ORDERED that:
(1) The parties are to file a joint statement by
November 28, 2023, at 5:00 p.m. that includes
illustrative samples of the relevant performance
measures and audit tools that are impacted by
and correlate with the monitoring-related issues
that the parties believe need to be resolved
before they can finalize their objections to the
EMT’s proposed performance measures and audit
tools.
(2) Submission

of

the

EMT’s

finalized

proposed

performance measures and audit tools and the

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parties’ objections to the measures and tools
are suspended until further notice.
DONE, this the 21st day of November, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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