Bailey et al v. Livingston et al
Filing
82
ORDER (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DAVID BAILEY, MARVIN RAY
YATES, KEITH COLE, and
NICHOLAS DIAZ
individually and on behalf of those
similarly situated,
Plaintiffs,
V.
BRAD LIVINGSTON, in his official
capacity, ROBERTO HERRERA, in
his official capacity, and TEXAS
DEPARTMENT OF CRIMINAL
JUSTICE,
Defendants.
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CIVIL ACTION NO. 4:14-cv-01698
ORDER
Plaintiffs have filed an Emergency Motion for Order Directing Defendants to
Disclose Location of Temperature Devices. (Doc. No. 70.) The Motion requests, as
alternative relief, that the Court order in camera review of the locations of the
temperature and humidity data monitoring devices (“monitors”) installed in the Wallace
Pack Unit by Defendants on August 27, 2014, as described in Defendants’ Response.
(Doc. No. 53.) In response to Plaintiffs’ Motion, Defendants have stated that they do not
object to the proposed alternative relief. (Doc. No. 75.)
Defendants are hereby ORDERED to submit the following information for in
camera review by the Court by no later than Tuesday, September 23, 2014:
Descriptions of the locations of each of the monitors installed in the
Wallace Pack Unit;
For each monitor, a list of all those who have had access to the monitor
during the 30 days it is recording data;
Copies of any photographs of the monitors taken at their installation or
thereafter; and
A list of all those who know the locations of the monitors.
For information regarding persons having access to or knowledge of the locations
of the monitors, it is sufficient to provide the Court with either a list of persons by name,
or by description of their respective professional relationships to the prison or to the
instant litigation.
IT IS SO ORDERED.
SIGNED at Houston, Texas, on this the 19th day of September, 2014.
KEITH P. ELLISON
UNITED STATES DISTRICT JUDGE
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