)

)

MRR-23-2006 17 02 FROM 13407763474 TO 202 514 0212

P 01132MAR-232006 TIlU 0440 PM Judge Cannon FAX 10 3407735416 P2

UNITED STATpoundS DISTRICT COURT FOR THE VIRGIN ISLANDS DIVISION OF 51 CROIX

)

) )

) )

) ) )

)

) )

UNITED STATES OF AMERICA

1986-CV0265Plaintiff

v

TERRlTORY OF nrE VIRGIN IStANDS ~~

Defendants

TO James Canoll III Esq AUSA - Fax 776-3414 Ernest Batenga ~sq AlJSA Fax 773-1407 Kerry E Drue Esq AG - Fax 774-9710 Aquanette Y Chilmery Esq AAG - Fax 776M 3494 Richard Schrader Esq AAG - Fa~ 773-1425

QRDER GRANTING UNITED STATES MOTION TO FIND DEFENDANTS IN CONTEMPT AND FOR APPOINTMENT QU SPECIA 1 MASTER

II-US 11ATTER is beforlil the Court upon Plaintiff United Sta~es of Americas

(United States) Motiqn for an Order to Show Cause Why Defendants Should Not Be

Held in Contempt (Dkt 154) (the Contempt Monon) A hearing upon the Court 5 Order

to Show Cause was hel9 Febnlary 8 9 10 and 13 Lpon completion of said hearing( the

Court ordered the parnes to 511 broit proposed Findings of Fact and Conclusions of law

MRR-23-2006 1702 FROM 13407763474 TO202 514 0212

FAX NO 3407735416 P UJcMAR-23-2006 THU 0440 PM Ju~~e Cannon

Ullitcrl Stats V Territory of the ~iJgil1 Islands 1986-CV0265 Ordlr Grm~lng United States Motion to Filcl Oefendan tin Conlempt

Page 2

P3

The Court has reviewed each partys PlOPOsed Findlngs of Fact and Conclusions of Law

and hereby adopts 2lnd itllcorporat~s herein the FLndings of Fact ilnd Conclusions of Law

filed by Plairltiff United $tates

Based upon the 5aid Findings of Fact and Conclusions of Law the Court concludes

that there axe continuing and ongoing constitutional violations of the rights of individuals

held at the Golden Grove Adult Correctional Facility and Detention Center (Golden

Grove) and DepoundenciantsL are incontempt of the Court9 Orders th~ 1986 Consent Decree

(Dkt 3) (Consent Decree) the 1990 Plan of Compliance (DId 5i) (Plan of Compliance)

and the 2003 Stipulated Agreement (Dkt 146) (Shpulated Agreement)

In addition based upon the foregoing Findings of Fact and Conclusions of Law the

Court condL1des that this CElse and the COluts Orders are sufficiently omplex ano thus

that the appropriate rem~dyfor Defendants contemptand estiib11shed recordotresistan(ll

to the Court Fi Orders is the appointrnertt of a Special Master to serve as an agent anc officer

of this Court to examiIle in detail and to assist the COU1t jn evaluating Defend~nts

compliance with the orders of this Court inclucling the issues on which the Court found

IDefimcl2lnts are the 1erritoty of thi Virgin Islands th0 Govtmcr 01 the Virgin Islands the Director of th~ Virgjn rslmds Bureau of Conections and the Wardell of thi Golden Grove Adult ConecticltltlFacility and Detention Clntlr (uGoiden Grove) in St Croix Vbgin 151~1ids (colltctiYcly tI1C Defencill1t or

USVI)

MRR-23-2006 1702 FROM 13407763474 TO202 514 0212

FAX NO 3407735418 P 0332NAR-23-2006 THU 04 40 PM JIlqge Cannon

Ullilcri States v TtrritolY of ih~ YIIgilt IslOJ1ds 1986-CVmiddot0265 Order Gral1ting United 5tilte~~ Motion to Find Defendant i11 Contempt

Page 3

P4

D(~fendants in contempt ih the Courts Findings of Fact and Concl u sioDS ofLaw The Comt

further concludes that the relief in this Older is narrowly dravvlll extends no further than

necessary to correct the violations offederal rights of inclividuals held at Golden Grove and

thl2 Cour ts Old~rs is the least intrusive means necessary to remedy Defendants contempt

and will not have an adV1erse impact on public safety or the operation of a criminal justice

system

TheSpecklMaster shall be chosen in ~lccordance with this Order ai set forth below

and shall have the Iespo~lsibilities duties and powers set forth in this Order

A Selection of Special Mastel

1 Wlthin tWenty (20) days of the issuanclaquo o~ this Orderthe parties shall confer

to jointly agree upon a proposed Special Master and shall jointly or if unabl~ to agree

se)~raLlYI subrrrit their recommendation(s) for appoii1tment oS a SpeciCll Master according

to the procedures set forth in this Section

2 If the partles ale unable to agree upon a proposed Special Master pursLlant

to the Plison Litigation Reform Act (PLRAIt) 18 USc sect 3626(pound)(2) Defendants and the

U1ited States each shal~ file cmd serve a recommendation sbmission thOlt lists not more

than five (5) candidates to serve as Special )1aster

MAR-23-2006 1703 FROM 13407763474 TO202 514 0212 P5 MAR-23-2006 DIU 0440 PM Judge Cannon FAX NO 3407735416 P O~3

United Stl1es (] Terneory of lhe Vitgin I~lclrlru 19S6middotCV -U265 Order G1111tl1g United States Motion to Find Defendant In Contelnpt Page 4

3 Whetherjo~tlyor severCllly submitted sLch recommendaticm 3ubmission(s)

shall inchlde the parties re~sons for each lecol1lmendatioD (including the proposed

candidates curriculum vitltle and information regarding the candidates previous

experience as a Special Master or other form of ~ompliance mOllitor and previous

qUcliflcation(s) as an expert in territorial state or fedeltU courts) and shall comply with

Fed R Civ P S3(b)()

4 In determining whether to select DJ candidate as the Special M~ster the Court

shall consider whether a candidate for Special Master generally has experience and

education or training relevant to the operations and management of correctional cnd

detention facilities with the approximate inmate and detainee capacity of Golden Grove

(cunently approximately 570 inmates and detainees) The Court ~lso shall consider

whether the candidate h~s experience and education or trairung in the field~ of penology

correctional facility man~gementcorrectiona1 m~dical and mental health ctlre flre safety

and environm~ntal health and snitanon and systems of accountability such ~s quality

assurance auditing 01 ihterCalreview and investigations Candidates also shall be able

to prepan detailed wri~ten reOLts to tJe Court retain and manage a team of experts

consultants and staff as~sting the Special Master pt1lmiddotS11aJlt to this Order and provide in

MAR-23-2005 1703 FROM 13407753474 TO202 514 0212 P533

Pbulll)t~2) J FAX NO 3407735418MAR-23-2006 THU 0440 PM Jud~~ Cannon

lJllited 5CI t~r t) Territory of ~tc Virgi1l151ands

19S6-CV-0265 Order Granting United States Motion to Find Defendant lI1 Contempt

PageS

addiLion to and in conjlinction with retained experts consuJtClnts and staft technical

assistance to Defendants pursuant to this Order

5 Where the parties are unable to agree upon a pxoposed Special Master and

file and serve separate recclmmendllion submissions Withlll ten (10) days of tiling each

party shall have the op~Olmiddott1nily to lemove up to thr~c (3) persons from the opposing

partys list

6 The Courtmiddotshall make the final detennination and selection of tle Special

Master based upon either the parties joint recornmendatjon submission or from the list of

remaining persons after the operation of Section A(5) above

B Appoilltment and Mandate

1 The person selected by the Court as the Special Master is appointed effectivt I

the date opoundthe Couds Order selecting the Special Master The Special Master~

~ppointment shall terrni~iC1te onlyby order of the COUlt after notice and Opportunity for the

parties to be heald

2 The Special Master and any experts consultants or staff retamed by the

Special Master pmmiddots1lant to lhis Order shall act in a professionallapacity as an agent and

officer of this Cuurt and sha11serve the C011rt and the il1ter~sts of jus-lice In the interest of

selecling and Tiltairdng the Special Master and Cny experts consultants or staff ret~inGd

MRR-23-2006 1702 FROM 13407763474 TO202 514 0212

FAX NO 3407735416 P UJcMAR-23-2006 THU 0440 PM Ju~~e Cannon

Ullitcrl Stats V Territory of the ~iJgil1 Islands 1986-CV0265 Ordlr Grm~lng United States Motion to Filcl Oefendan tin Conlempt

Page 2

P3

The Court has reviewed each partys PlOPOsed Findlngs of Fact and Conclusions of Law

and hereby adopts 2lnd itllcorporat~s herein the FLndings of Fact ilnd Conclusions of Law

filed by Plairltiff United $tates

Based upon the 5aid Findings of Fact and Conclusions of Law the Court concludes

that there axe continuing and ongoing constitutional violations of the rights of individuals

held at the Golden Grove Adult Correctional Facility and Detention Center (Golden

Grove) and DepoundenciantsL are incontempt of the Court9 Orders th~ 1986 Consent Decree

(Dkt 3) (Consent Decree) the 1990 Plan of Compliance (DId 5i) (Plan of Compliance)

and the 2003 Stipulated Agreement (Dkt 146) (Shpulated Agreement)

In addition based upon the foregoing Findings of Fact and Conclusions of Law the

Court condL1des that this CElse and the COluts Orders are sufficiently omplex ano thus

that the appropriate rem~dyfor Defendants contemptand estiib11shed recordotresistan(ll

to the Court Fi Orders is the appointrnertt of a Special Master to serve as an agent anc officer

of this Court to examiIle in detail and to assist the COU1t jn evaluating Defend~nts

compliance with the orders of this Court inclucling the issues on which the Court found

IDefimcl2lnts are the 1erritoty of thi Virgin Islands th0 Govtmcr 01 the Virgin Islands the Director of th~ Virgjn rslmds Bureau of Conections and the Wardell of thi Golden Grove Adult ConecticltltlFacility and Detention Clntlr (uGoiden Grove) in St Croix Vbgin 151~1ids (colltctiYcly tI1C Defencill1t or

USVI)

MRR-23-2006 1702 FROM 13407763474 TO202 514 0212

FAX NO 3407735418 P 0332NAR-23-2006 THU 04 40 PM JIlqge Cannon

Ullilcri States v TtrritolY of ih~ YIIgilt IslOJ1ds 1986-CVmiddot0265 Order Gral1ting United 5tilte~~ Motion to Find Defendant i11 Contempt

Page 3

P4

D(~fendants in contempt ih the Courts Findings of Fact and Concl u sioDS ofLaw The Comt

further concludes that the relief in this Older is narrowly dravvlll extends no further than

necessary to correct the violations offederal rights of inclividuals held at Golden Grove and

thl2 Cour ts Old~rs is the least intrusive means necessary to remedy Defendants contempt

and will not have an adV1erse impact on public safety or the operation of a criminal justice

system

TheSpecklMaster shall be chosen in ~lccordance with this Order ai set forth below

and shall have the Iespo~lsibilities duties and powers set forth in this Order

A Selection of Special Mastel

1 Wlthin tWenty (20) days of the issuanclaquo o~ this Orderthe parties shall confer

to jointly agree upon a proposed Special Master and shall jointly or if unabl~ to agree

se)~raLlYI subrrrit their recommendation(s) for appoii1tment oS a SpeciCll Master according

to the procedures set forth in this Section

2 If the partles ale unable to agree upon a proposed Special Master pursLlant

to the Plison Litigation Reform Act (PLRAIt) 18 USc sect 3626(pound)(2) Defendants and the

U1ited States each shal~ file cmd serve a recommendation sbmission thOlt lists not more

than five (5) candidates to serve as Special )1aster

MAR-23-2006 1703 FROM 13407763474 TO202 514 0212 P5 MAR-23-2006 DIU 0440 PM Judge Cannon FAX NO 3407735416 P O~3

United Stl1es (] Terneory of lhe Vitgin I~lclrlru 19S6middotCV -U265 Order G1111tl1g United States Motion to Find Defendant In Contelnpt Page 4

3 Whetherjo~tlyor severCllly submitted sLch recommendaticm 3ubmission(s)

shall inchlde the parties re~sons for each lecol1lmendatioD (including the proposed

candidates curriculum vitltle and information regarding the candidates previous

experience as a Special Master or other form of ~ompliance mOllitor and previous

qUcliflcation(s) as an expert in territorial state or fedeltU courts) and shall comply with

Fed R Civ P S3(b)()

4 In determining whether to select DJ candidate as the Special M~ster the Court

shall consider whether a candidate for Special Master generally has experience and

education or training relevant to the operations and management of correctional cnd

detention facilities with the approximate inmate and detainee capacity of Golden Grove

(cunently approximately 570 inmates and detainees) The Court ~lso shall consider

whether the candidate h~s experience and education or trairung in the field~ of penology

correctional facility man~gementcorrectiona1 m~dical and mental health ctlre flre safety

and environm~ntal health and snitanon and systems of accountability such ~s quality

assurance auditing 01 ihterCalreview and investigations Candidates also shall be able

to prepan detailed wri~ten reOLts to tJe Court retain and manage a team of experts

consultants and staff as~sting the Special Master pt1lmiddotS11aJlt to this Order and provide in

MAR-23-2005 1703 FROM 13407753474 TO202 514 0212 P533

Pbulll)t~2) J FAX NO 3407735418MAR-23-2006 THU 0440 PM Jud~~ Cannon

lJllited 5CI t~r t) Territory of ~tc Virgi1l151ands

19S6-CV-0265 Order Granting United States Motion to Find Defendant lI1 Contempt

PageS

addiLion to and in conjlinction with retained experts consuJtClnts and staft technical

assistance to Defendants pursuant to this Order

5 Where the parties are unable to agree upon a pxoposed Special Master and

file and serve separate recclmmendllion submissions Withlll ten (10) days of tiling each

party shall have the op~Olmiddott1nily to lemove up to thr~c (3) persons from the opposing

partys list

6 The Courtmiddotshall make the final detennination and selection of tle Special

Master based upon either the parties joint recornmendatjon submission or from the list of

remaining persons after the operation of Section A(5) above

B Appoilltment and Mandate

1 The person selected by the Court as the Special Master is appointed effectivt I

the date opoundthe Couds Order selecting the Special Master The Special Master~

~ppointment shall terrni~iC1te onlyby order of the COUlt after notice and Opportunity for the

parties to be heald

2 The Special Master and any experts consultants or staff retamed by the

Special Master pmmiddots1lant to lhis Order shall act in a professionallapacity as an agent and

officer of this Cuurt and sha11serve the C011rt and the il1ter~sts of jus-lice In the interest of

selecling and Tiltairdng the Special Master and Cny experts consultants or staff ret~inGd

MRR-23-2006 1702 FROM 13407763474 TO202 514 0212

FAX NO 3407735418 P 0332NAR-23-2006 THU 04 40 PM JIlqge Cannon

Ullilcri States v TtrritolY of ih~ YIIgilt IslOJ1ds 1986-CVmiddot0265 Order Gral1ting United 5tilte~~ Motion to Find Defendant i11 Contempt

Page 3

P4

D(~fendants in contempt ih the Courts Findings of Fact and Concl u sioDS ofLaw The Comt

further concludes that the relief in this Older is narrowly dravvlll extends no further than

necessary to correct the violations offederal rights of inclividuals held at Golden Grove and

thl2 Cour ts Old~rs is the least intrusive means necessary to remedy Defendants contempt

and will not have an adV1erse impact on public safety or the operation of a criminal justice

system

TheSpecklMaster shall be chosen in ~lccordance with this Order ai set forth below

and shall have the Iespo~lsibilities duties and powers set forth in this Order

A Selection of Special Mastel

1 Wlthin tWenty (20) days of the issuanclaquo o~ this Orderthe parties shall confer

to jointly agree upon a proposed Special Master and shall jointly or if unabl~ to agree

se)~raLlYI subrrrit their recommendation(s) for appoii1tment oS a SpeciCll Master according

to the procedures set forth in this Section

2 If the partles ale unable to agree upon a proposed Special Master pursLlant

to the Plison Litigation Reform Act (PLRAIt) 18 USc sect 3626(pound)(2) Defendants and the

U1ited States each shal~ file cmd serve a recommendation sbmission thOlt lists not more

than five (5) candidates to serve as Special )1aster

MAR-23-2006 1703 FROM 13407763474 TO202 514 0212 P5 MAR-23-2006 DIU 0440 PM Judge Cannon FAX NO 3407735416 P O~3

United Stl1es (] Terneory of lhe Vitgin I~lclrlru 19S6middotCV -U265 Order G1111tl1g United States Motion to Find Defendant In Contelnpt Page 4

3 Whetherjo~tlyor severCllly submitted sLch recommendaticm 3ubmission(s)

shall inchlde the parties re~sons for each lecol1lmendatioD (including the proposed

candidates curriculum vitltle and information regarding the candidates previous

experience as a Special Master or other form of ~ompliance mOllitor and previous

qUcliflcation(s) as an expert in territorial state or fedeltU courts) and shall comply with

Fed R Civ P S3(b)()

4 In determining whether to select DJ candidate as the Special M~ster the Court

shall consider whether a candidate for Special Master generally has experience and

education or training relevant to the operations and management of correctional cnd

detention facilities with the approximate inmate and detainee capacity of Golden Grove

(cunently approximately 570 inmates and detainees) The Court ~lso shall consider

whether the candidate h~s experience and education or trairung in the field~ of penology

correctional facility man~gementcorrectiona1 m~dical and mental health ctlre flre safety

and environm~ntal health and snitanon and systems of accountability such ~s quality

assurance auditing 01 ihterCalreview and investigations Candidates also shall be able

to prepan detailed wri~ten reOLts to tJe Court retain and manage a team of experts

consultants and staff as~sting the Special Master pt1lmiddotS11aJlt to this Order and provide in

MAR-23-2005 1703 FROM 13407753474 TO202 514 0212 P533

Pbulll)t~2) J FAX NO 3407735418MAR-23-2006 THU 0440 PM Jud~~ Cannon

lJllited 5CI t~r t) Territory of ~tc Virgi1l151ands

19S6-CV-0265 Order Granting United States Motion to Find Defendant lI1 Contempt

PageS

addiLion to and in conjlinction with retained experts consuJtClnts and staft technical

assistance to Defendants pursuant to this Order

5 Where the parties are unable to agree upon a pxoposed Special Master and

file and serve separate recclmmendllion submissions Withlll ten (10) days of tiling each

party shall have the op~Olmiddott1nily to lemove up to thr~c (3) persons from the opposing

partys list

6 The Courtmiddotshall make the final detennination and selection of tle Special

Master based upon either the parties joint recornmendatjon submission or from the list of

remaining persons after the operation of Section A(5) above

B Appoilltment and Mandate

1 The person selected by the Court as the Special Master is appointed effectivt I

the date opoundthe Couds Order selecting the Special Master The Special Master~

~ppointment shall terrni~iC1te onlyby order of the COUlt after notice and Opportunity for the

parties to be heald

2 The Special Master and any experts consultants or staff retamed by the

Special Master pmmiddots1lant to lhis Order shall act in a professionallapacity as an agent and

officer of this Cuurt and sha11serve the C011rt and the il1ter~sts of jus-lice In the interest of

selecling and Tiltairdng the Special Master and Cny experts consultants or staff ret~inGd

MAR-23-2006 1703 FROM 13407763474 TO202 514 0212 P5 MAR-23-2006 DIU 0440 PM Judge Cannon FAX NO 3407735416 P O~3

United Stl1es (] Terneory of lhe Vitgin I~lclrlru 19S6middotCV -U265 Order G1111tl1g United States Motion to Find Defendant In Contelnpt Page 4

3 Whetherjo~tlyor severCllly submitted sLch recommendaticm 3ubmission(s)

shall inchlde the parties re~sons for each lecol1lmendatioD (including the proposed

candidates curriculum vitltle and information regarding the candidates previous

experience as a Special Master or other form of ~ompliance mOllitor and previous

qUcliflcation(s) as an expert in territorial state or fedeltU courts) and shall comply with

Fed R Civ P S3(b)()

4 In determining whether to select DJ candidate as the Special M~ster the Court

shall consider whether a candidate for Special Master generally has experience and

education or training relevant to the operations and management of correctional cnd

detention facilities with the approximate inmate and detainee capacity of Golden Grove

(cunently approximately 570 inmates and detainees) The Court ~lso shall consider

whether the candidate h~s experience and education or trairung in the field~ of penology

correctional facility man~gementcorrectiona1 m~dical and mental health ctlre flre safety

and environm~ntal health and snitanon and systems of accountability such ~s quality

assurance auditing 01 ihterCalreview and investigations Candidates also shall be able

to prepan detailed wri~ten reOLts to tJe Court retain and manage a team of experts

consultants and staff as~sting the Special Master pt1lmiddotS11aJlt to this Order and provide in

MAR-23-2005 1703 FROM 13407753474 TO202 514 0212 P533

Pbulll)t~2) J FAX NO 3407735418MAR-23-2006 THU 0440 PM Jud~~ Cannon

lJllited 5CI t~r t) Territory of ~tc Virgi1l151ands

19S6-CV-0265 Order Granting United States Motion to Find Defendant lI1 Contempt

PageS

addiLion to and in conjlinction with retained experts consuJtClnts and staft technical

assistance to Defendants pursuant to this Order

5 Where the parties are unable to agree upon a pxoposed Special Master and

file and serve separate recclmmendllion submissions Withlll ten (10) days of tiling each

party shall have the op~Olmiddott1nily to lemove up to thr~c (3) persons from the opposing

partys list

6 The Courtmiddotshall make the final detennination and selection of tle Special

Master based upon either the parties joint recornmendatjon submission or from the list of

remaining persons after the operation of Section A(5) above

B Appoilltment and Mandate

1 The person selected by the Court as the Special Master is appointed effectivt I

the date opoundthe Couds Order selecting the Special Master The Special Master~

~ppointment shall terrni~iC1te onlyby order of the COUlt after notice and Opportunity for the

parties to be heald

2 The Special Master and any experts consultants or staff retamed by the

Special Master pmmiddots1lant to lhis Order shall act in a professionallapacity as an agent and

officer of this Cuurt and sha11serve the C011rt and the il1ter~sts of jus-lice In the interest of

selecling and Tiltairdng the Special Master and Cny experts consultants or staff ret~inGd

MAR-23-2005 1703 FROM 13407753474 TO202 514 0212 P533

Pbulll)t~2) J FAX NO 3407735418MAR-23-2006 THU 0440 PM Jud~~ Cannon

lJllited 5CI t~r t) Territory of ~tc Virgi1l151ands

19S6-CV-0265 Order Granting United States Motion to Find Defendant lI1 Contempt

PageS

addiLion to and in conjlinction with retained experts consuJtClnts and staft technical

assistance to Defendants pursuant to this Order

5 Where the parties are unable to agree upon a pxoposed Special Master and

file and serve separate recclmmendllion submissions Withlll ten (10) days of tiling each

party shall have the op~Olmiddott1nily to lemove up to thr~c (3) persons from the opposing

partys list

6 The Courtmiddotshall make the final detennination and selection of tle Special

Master based upon either the parties joint recornmendatjon submission or from the list of

remaining persons after the operation of Section A(5) above

B Appoilltment and Mandate

1 The person selected by the Court as the Special Master is appointed effectivt I

the date opoundthe Couds Order selecting the Special Master The Special Master~

~ppointment shall terrni~iC1te onlyby order of the COUlt after notice and Opportunity for the

parties to be heald

2 The Special Master and any experts consultants or staff retamed by the

Special Master pmmiddots1lant to lhis Order shall act in a professionallapacity as an agent and

officer of this Cuurt and sha11serve the C011rt and the il1ter~sts of jus-lice In the interest of

selecling and Tiltairdng the Special Master and Cny experts consultants or staff ret~inGd

MAR-23-2005 1703 FROM 13407763474 TO202 514 0212 P733

FAX NO 3407735416 P 063YAR-23-2008 THU 0440 PM Judge C~nnon

United SttllCS v f~rritDry of Ihe Yigin Islands 1986middotCV-0265 OdeI Granting United States Motion to Fmd Defendant in Cont(mpt

PltlBe 6

by the Spedal Ylastel on an expedited basis these individuals shaH be appointed (md

retairled by the Comt pwsuant to the procedmes SeC forth in this Order and the orders of

the Court Neither the Special Master nor any experts consultallts or staff retained by the

Special Master shall be considered tenitorial or local ernployees and shall be exemptfroJ]

letitoriZll o-locCll budgetary budget allocation or procurement Tecluirements

3 Except as Umiled by this Order the Spt)dal Master shall exercise all the powe

and authority granted under the PLRA and Federal Rule of Ovi1 Procedure 53 and she

shalt t~ke an appropriate actions to fulfill the orders of the COlltt to monitor revievi and

reporl on compliance with the Consent Decree the Pl n of CompliruLce and the Stipulated

Agreement and any flL~ure orders of this Court O12r01naiter collectively II orders of the

Court) regarding the conditioC1) of confinement at Golden Grove

4 111e Special Masters authority shall not inelude the autllority to condwt

evidentiary heallngspltfSuant toPed R Civ P 53(d) and18 USc sect3626(f)(1)(A) amp (6)(A)

or to issue fmal orders pursuant to Ftd R Civ P 53(e) The Court shall nt all times retlln

the authority uponnotice to the parties and opportunity to be heard to reject or adopt in

wholl or in part the Special Mastelmiddots reports and prolos~d orders

5 This appointment i9 made pursuant to the illherent powers of the Court the

PLRAJ Rule 53 of the Federal Rules of Civil Procedure ald the orders of the Court

MAR-23-2005 1703 FROFAX NO 3407735416 _ YtAR-23-2006 THU 0440 PM Ju~ge Cannon

Ullit~d Sft1tes u Tcrritory of llc Virgin I~l)ds 1986middotCV-0265 Orcier Grantillg-United StltesiMotloli to Find Defendllnt in Contempt

PZlge 7

M p J Inti

13407753474 TO202 514 0212 P833

PurS1Zn~ tQ Rule 53 of the Federal Rules of Civil Procl2dure the Special

Mastel shall proceed with a111easonable diligence

7 pLusuant to the PLRA 18 Usc sect3626(pound)(6) and Rule 530pound the Federal Rules

of Civil Procedure with he exception ofministeri~lron-sub5tantivemattersre]ated to for

example scheduling joint meet1llgs or telephone calls obtaining contact information Ot

providing for scheduling changes the partil2s shall nor contact the Special Master OIl an~

tarte basis and the Spe~ial Master shall not contact the parties on an ~ parte basis

8 Witb respect to a1Y joint meeting conducted by the Sptcial Maste with the

parties a party may taive it$ right ~o appeal 01 may appear telephonically rathE than in

person In theevent a party lef11ses or fails to appear upon reasonable notice to the party

the Special Master and any parties that do appear shall make note of the parties who did

not appeal

9 Pursuant ro Rlle 53(g) of the Fed~lnll1l1es of Civil Procedure the Special

Masters recornmendatlbnsand propo)ed orders shan be reviewed by the Courtbased on

~ clearly eurolroneOlS stan~ard and shall be determined by ashowing of clear and convincing

evidence

MRR-23-2006 1704 FROM 13407763474 II UtIiiIFAX NO 3407735416MAR-23-2008 TKU 04 40 PM Judge Cannon

IJllited SClLes v Tellirory af th~ Virgin Imcis 1986-CVmiddot026S Order Grlnting United Statc~ Motion to Find D(middotfendtnt in Contlmpt

PIl~e E

TO202 514 0212 P933

10 PursuallttothePLRA 18 Usc 93616(pound)(5) eveJY sixmonthE the Court shall j

conduct a review of the ~ppointnlent of the Special Master to determine whether hishex

services continue to be required

11 Tile Sped2l1 Master may be removed on a basis unrelated to 18 USc sect

3626(pound)(3) amp (6)(D) orJy for good cause lmrelated to the Special Masters findings or

rpcommendatiollS Unless the Special Master is terminated pursuant to 18 Usc sect

3626(pound)(5) amp (6)(D) or purStlant to Defendants achieV0ment of sustained substantial

compliance with each provision of the orders of the C011rt terminalion of the Special

Master shallre5ult in re+illitiation of the appointment plocess d(scribed in this Order

12 As used in this Order substantial compliance means Ddendants puxsumt

to this Order and the orcentlel5 of U1e COttrt have consis tently complied vJith this Order and

the ordels 0pound the COlrt and properly operated and will continue to opelate Golden Grove

p11ISlUmt to this Order the olders of the Court and constitutional and federal statutory

requirements such that the Court does no t le~sonably fOlesee th2lt temuna tiorL of oversight

y m result in the disl11aJ1tlement of tbe changes at Golden Grovel any action by Depoundendants

to tmdermine improvements made at Golden Grove or a hindrance to Defend ants future

$tbstantial compliance with this Orchar and the orders of ~he Court ~oncumphance witlmiddot

mere t~chnicali ties Oi lt$mpOlalmiddotY poundaihr~ to compy dtlring a perlod of otherwise sustained

MRR-23-2006 1704 FROM p 08h2F~X NO 3407735416MAR-23-2006 THU 0440 PM J~dge Cannon

United States v TCl1~toI of the Vilgm Islands

1936middotCV-0265 Order Grltlnting United St21trd Motion to Find Defendant in contempt

L~age 9

13407763474 TO202 514 0212 P10lt33

substantial compliance rill not constitute failure to maintain substantial compliance At

the same time telnpOfary compliance during a penod of noncompliance shall not

constitute substantial cotnpliancQ Defendants unilateral implementation of best practices

will not Inadify the meaning of substantial compliance

13 Failure by the Court the Special Master ex-perts consultants and staff

retained by the Special lyfa5ter or the United States to act upon or enforce any PaIt of this

Order or the orders of the Court or any provision thereat with re5pect to any deadline or

any provision helein shall n()t be constrw~d as a wai ve( of the right to enforce or right to

recomll1eld that the Court enforce deadlines and provisions in this Order or orders of the

Court

C Duties

In addition to the duties described ClboYl the SpeciGll Master shan

1 Within siXty (60) days of tlle appointl11ent of a Specitll Master promptly

conduct a thorough initial review and assessment of all aspects or Defendants compliance

with the orders af the Cowt This initial review srall inchlde a tour and inspection of

Golden Grove wit1-t experts in conectional managementpenology correctional medical

CElr~ forensic psychiat11y and fire s~reuroty utd environmentel sanitation This tour shaD

include a review and assessment of securiLy I correctional penological medical and mental

MAR-23-2006 1704 FROM 13407763474 TO202 514 0212 P1133 P lU~cFAX NO 3407735416MAR-23-2006 THU 04 40 PM Jucisc Cannon

Unifed StaCCS 0 Ttnlitil1Y of Ihe Vi-rgiJ1 J$IClJld~ 1986-CV-0265 Order Granting United States Motioll to Fmd Defcndnnt in Contempt

Pugc 0

h~alth c~re and fixe safety arld environmental sanitation conditions at Golden Grove The

Special Master shall be preseat at take pent in and give reasonable notice to the parti88 of

this initial t01tt and inspection

2 Conduct fUture t0111S and inspections of Gold8ri Grove with experts in

correctional nlanagementpenology cortGctional medical care fOlensic psy duatry and fire

safety and environmental sanitation not less than six (6) months from the conclusion of the

initil review and a9seS3ment descrIbed in Section C(l) and every six (6) months ther~after

The S pecial Master shall be present a tl take part in and giVe reasonClble no lice -to fhe partiCs

or each tOt11 and inspection

3 Wlthil1 ni~ety (90) days of the con1pletion of each tour and inspection

conducted pursuant to Sections C(l) and (2) of tills Section the Special Master hirnJheJseIf

shall conduct a tOll and inspection of Golden Grove to review and assess the conditions

ltIt Golden Grove and determtne if Dei0ndants are in compliance with any of the provisions

(If the orders of the CoLirt Prim to ~ach tour and iJtspection pursuant to this subsection

the Spedal1vfaster shall (after giving the parties a rCasonable opportunity to meet and

consult with the Special Muster) detennine which of the expeJts described inSections e(l)

and (2) of thiS Section shall accompany the Special Master on each tour and inspectiOli

condlcted pursuant to Fhis subsection In addiLion to the 0tJpommity to meet cmd consuJt

MRR-23-2005 1704 FROM 13407753474 TO202 514 0212 FAX NO 3407735416MAR-23-2D06 THU 0441 PM Jucl~c Cannon

Ullitccl Stl~ v Territory of the Vitgin Jolmuls

1986-CVmiddot0265 Old8r Grlntlng United States Motion La find Ddendant in Contempt

Page 11

as described in this 5lbsecenttiDn the Special Master shall give reasonable 110tice to the parties

of each tour and ilspectipn

4 In ordeJ to $ssess compliznce the revlew of a s Llfficient number of documents

and materials to assess a~curately CLlllent conditions shall include the following (by way

of example and without limitation on the Court th~ Speci~l MasteL and e)perts )

consultants and staif retained by the Special Mastel or the pmties) dOC1tmentsi

rriemOl~andai logbooks reportsi inmatc and staH files incident reports investigation

rep01tsi sllakedoVvncontraband reports and logbooks stpoundfing schedules mstersr and

records tlaining Ncords and cluricula medical [epoIt~ medicaJ andor mental health care

charts rEColds and files intake and assessment forms chronic care documentation and j

logbooks medical refenal and transport forms logbooks reports and records mental

health care 9Cfeening assessment j

cmd referral forms logbooks leports and records

innlate death suicide suicide attempt and sl1icide monitoring and watch policies

procedures logbooks files records and repolts mall1tenance repair and replacement

records forms and documentation for fire alarm safety seemi ty plumbin~ e1eclrical and

structuralsystems major repair and improvement plansj docuroentsj and recordSi policies

procedures document~ and forms related to development aDd implementation of pOlici($

~ 13407763474 IUiIli lQ 110=10= _MAR~23-2006 17 05 FROM 1 bull L) ))

p 1231shyFAX NO 3407735416MAR-3-2008 THU 0441 PM J~Jge Cannon

Unittd StMes v TrmitfJlJ of the Vilgill sJnTlds

1986-CV-0205 Order Grilnting lnited StatesMo ton to Pind Defendant in Contempt

Pilg~ 12

and procedures complialnce quality aSsurance investigatory Zludit documents Elnd any

other documents or matcentrials relevant to the operation of Golclen Grove

5 Based upon each review Zlnd ass~lsment in conjunctiol with the ecperts

retained by the Speclal Mastet recorrunend to the Court in the fornt or 3 report as

described in this Order findings of non-compliance p3rLial cornpHance andor sustali1ed

substantial compliances the recornmendation(s) may be with all or part of the ordels of

the Court

6 RecoD1rneild to tbe Court in the form of reports as described in this Order

the $p~cific remedial It1easures that tbe Court 11USt order Defendants to implement to

ensure sustained substantial compliance vith ~he orders of the Court

7 Provide techrucal assistance (in conj11rcction wlth retained experts) to

Defendants and their agencies officials and employees responsible for implementation and

compliance with the orders of the Court Provision of tedtrtical assistance shall not

preclude the Special Masters or a Special Ma9ters expert consultant or slaffpersons

determination tht adqJtional remedial meaSLlreS are necessary to comply with the orders

of thl Court or that Defendants have dClionstrated sl~tained Sllhstanlial complian~e wilob

the oIders of the Court When the Special Master ot the experts retained by tlle SpeciU

MAR-23-2006 1705 FROM 13407763474 TO202 514 0212 P1W33 Po LiJiFAX NO 3407735418MAR-23-2006 1HU 0441 PM Jud~e Cannon

lfllired StoleS v Teil-irory of tre Virgin jsina 1986middotCVQ265Old~r Grallting UJ1iled StlleS v1otion to Find Ddendant h Conrcmpt

Pag~ 1)

Master provide technica~ assistance such technical assistance shall be described m the

Special Masters or experts reports as further described in tlils Order

8 Conduct a D1onthly meeting of the plrties to discuss the status at

proceedings outstanding matters and 11pcomil1g events The Special Master and the

parties may conduct the monthly meetings illperson at a mutually agreeable 1ocation or

telephonically and the Special Master or a party may appear telephonically loather than iIl

person

9 Prepare stich reports as dlLected yen-L this OJdel and other orders ill the Court

D Powers of the Speci~ Master

J~lJ actions of the Special Master and the Special Masters consultants experts rll1d

assistants will be under thE direct control and supervision of this Court pursuant to Ute

orders of the Court Specifically and notby way of limitation the SpeciFll Master and ~he

Special Masters consultants experts and assistants shall without iurther orders opound rlllt

Courthave

1 Complete and unrestricted acclZss (a) to visit tol( and insped the faciHtl~s

at Golden Grove tb) to management staff and personnel (whether party or non-pltllty

employee contractor qr affiliated person or agenty) of Defendants and Golden GIvve (c)

to any inmate detalllee or other illdividual held at Golden Grove and (d) ail documents

MAR-23-20061705 FROM 13407763474 TO202 514 0212

FAX NO 3407735418MAR-23-2006 THU 0441 PM JLidge Cannon

Ultitd Slates v TL1ritory oftw Virgin Isltmds

19S6-CV-0265 OldeI Granling Umted S~il ccs Motion to Find J)e[enoOlJit in Contempt

PGlgc 14

records files reports memoranda correspondenc0 plans notices budgets compl13l1ce

qlality aSS11rance investigator) reviews and documents and matena1s described in Section

C(5) of this Order and any other documents relevant to the operation of Golden Grove and

the Special Masters dut~es

2 Authority to attend meetings or plmiddotoceeding[ regarding subject matters

relevant to Defendants compliancc conducted by at the diredion of or attended by

management staff altd personnel (whether party or non-party employee contractor or

affiliated persOtl or agericy) of Ddendants

3 At any tinie plior to during or after conducting a review and assessment

mtthority to rec~ive and review Defendants and Golden Grove facility docume1lts rmm

counsel for mallagemeJlt st~f and personnel (whether party or non-parly euromploye~

con-h-actor or affiliated persan or agency) of Defendnnts or Golden Grove Vhenever such

docum~nts or other materials are produced 01 delivered to the Special Master nnd the

expets consultants tltid staff ret(ined by the Spedal Master (and the parties as set forth l

in Secti(m 1(8) of fhis Order) the Defendants and thei~ compliance coordinator (as

described in Section 1($) or this Order) shall produce documents or materials as they are

k~pt in the ordinmY COI1fse of bUsoless and shall identify ~ach document (by sequclLtGl

numerical stamping) to ens~tle the C01lItl the Special Master the experts consultants and

MAR-23-2006 1705 FROM 13407763474 TO202 514 0212 P1633

MAR-23-200B THU 044i p~ Judge Cannon P 1rjiFAX Na 3407735418 ) j

UJ1itca 5~(llc u TmiJorJ oftre Virgil11s[rnd 1986middotCVmiddot0265 Orrjt Granting ~nitecl Stat(s Motion to Fll1d De[inomt in Contempt Pag()lS

staff retained by the Specal Master and the parties are able to readily identify each

tlocLUnent without feurogard to the information conlilined therejIl

(1 According to th~ procedures set forth in this Order and the orders of 1i1~

Court the Special Master shall lttainj at Defendants expense consultants experts and

sLaff to assist the Special Master to cclry out the powers duties and responsibilities of this

Order and other orders of the COl1rt

E ConsuJtmts Experts and Staff

1 The Special Master shall retain consultants experts or staff after joitly

confening INich the parties regarding the proposed consultant expert or staffpcrson

2 While joiliHy conferring t~e parties and the Special Master shall include in

their disctSS10llS the approximate total fee9 ntd expenses to be paid by Ddendants 1112

paxties md the Special ~astcr also shall consider infom1~ti01i regarding the candidates

previous experience working with C court other governmental agencies and a Special

J1aster or other form of compliance monitor The Sp~cial Master and the parties also shall

consider previous q11(l4fication(s) as an expert in territori~l gttate or federal courts

3 A proposed expert generClllyshall 11 ~ve cxperi~nce and ed uca tion OJ training

reI~vant to th~ir field ot ltiXper tise Withparticular emphasls on correctional andor detention

facilities With the approximate inmate and detainee capacity of Golden Grove and also shall

t-1())MAR-23-2006 1706 FROM 13407763474 TO202 514 0212 ----- p 161FAX NO 3407735416MAR-23-2006 THU 044i PM Judge Cannon

171i1ea SIales v ferriti3ry ojtlte YhgiJl Isantis

I 9 S6middotCV -0265 Ordel Gr3nling United Stat~ Mo hot to Find Defendmt In Contempt

Page 16

be abl~ to prepare detaiJed written reports to the Special Master work with a team of

experts consultants ancl staff and provide in addition to and in conjunction With the

Special Master and other retained experts consultants and staff technical assistutce to

Defendants pursuant to this Order

4 Within 10 qays of lhe Special Masters request that the parties jointly confer

the pct1ties and Ihe Speci~ Maste- shull jointly 01 if tmable to agree severally submit their

recommendation(s) to the Court for a proposed consultant expert or staffpelson in the

forrn of a proposed order directing at a minimum the Special Master to retain such

consultant expert 01middot stapoundfperson atDefendallts expense and the fees costs alid expenses

to be laid pursuant to Section of this Order

5 An ~xpert C011S11ltant or staifperson may be terminated if the Speciltll Master

and the parties agree anp lpon good cause shown Good cause shall include any violation

of federal territorial or locltlllaw this Order or t1rte orders of the Court thClt reasonably

calls into quesdon th experts consultant 5 OJ staffpersons fimess to contUme to serve the

Special Master In the eVent the parties do not agree upon the need for termination aparty

may move for termination

6 1pound an expert consultant orstaffperson is terminated pursuant to Section 8(5)

of this Order or becomes unavailablethe SpeciCll M~ster and the parties shall determine

~ TO202 514 0212 R~23-2005 1705 FROM 13407753474 P 1732FAX NO 34077354iGMAR-23-2006 THU 0441 PM Judie Cannon

United 5trrws v Tertiory of th~ Virgm lsland 1986~CV -0265 Olcier Grloung UnIted State~Moticn to find Ddcndant in Contempt

Pltlg~ 17

P1833

jointly Vlfhe~her a teplacement is needed and 1pound sp jointly select a replacement within

fifteen (15) days of the experts consultan 5 or stilpoundpoundperSOlls unavailabilily In the event

that the parties do not agree upon the need for or identityoi a replacement the partits

agree to utilize the selaction processfor e~pertsJ COI1S1litants and staff as detailed in this

Order

7 If an expert CQrlSUHCU1t or staffpersoI is terminated pursuant to Section E(5)

of this Order or b~comes unavailable the applicable provlsions of this Order shall be toll~d

for any period or time greater than the fifteen (15) days that itta(es 01 the Special Master

and the parties jointly to select a replacem~nt to begin p~dorl1lance of the experts

consultants or stafipersons obligations pursuant to this Order Anytime tolled pursuant

to this subsection shall notredlCe the number of tours and inspections required under and

rondLlcted pursuant to Sectioll C of this Ordel

F Reporting and Recommendations

1 Following each rQview and assessment conducted pUJSllMt to Section C(1)shy

(3) the Spedal Master ~1d the Special Masters expeds consultants and staff shall prepme

a corrlprehensive writt~n repolt for the parties and the Comt

2 Within si~ty (60) days of the conel si~m of any tOllllind inspection conducted

P11rSUeULt to Section C(i)-(3) of this Oldel~ the Special Master shall file his report (mcluding

MAR-23-2006 1706 FROM -----

MAR-23-2006 THU 0441 P13407763474 TO202 514 0212 P1933

M JIc1ge Oannon FAX NO 3407735418 P 1IVV

Ullited StIUrS v TtJitory ofthe 1irifJ Island J986-CV-0265 O]cir Crlt111tUg Unilci States Motion t4l Find D~(~ndant in Contempt POlS Hi

the G)xpert repoLts descriled herem) with the Court and serve copies oE his leport and the

expert reports UpOll the pGlrties The experts) consultants and staff retained pursuant to

thi~ Order arc directed to prepare their expert reports to ensure the Spedal Masters

compHance with this subsecdon and Sections F(7) and F(8) of this Order In the event the

Special Matlter or the Special Masters experts_ consultants or staff reqUEst the duplication

and productioll of dOCtunents during a tour and inspection and Defendants fail to deliver

such documents within l1iteen (15) dClyS of said tOitr and inspection the Speciall11astet and

the releva1t requesting ~xpert consultant or staffpersonJ shall note in their reports) the

Defendants delay and may determine based on t~~ failure to timely deliver sLlm

documents tat Defenc1ru1ts are not in sustained substantial compliance with the orders of

the Court

3 Where it is the recomm~Idation of the Special Master that the Court issue

certain ordel(s) the report shaH illclLlde a proposed order

4 Consuitattts experts and staff also shall prepare written reports (expert

reports) to the Special Mater to assist the Special Master to carry out the powers dutid

and responsibilities of this Order and other orders of the Court and to assist the Sptcial

Master in preparing the Special Masters report The Special Master shall include the

MAR-23-2006 1706 FROM -----

MAR-23-2006 THU 0441 P13407763474 TO202 514 0212 P1933

M JIc1ge Oannon FAX NO 3407735418 P 1IVV

Ullited StIUrS v TtJitory ofthe 1irifJ Island J986-CV-0265 O]cir Crlt111tUg Unilci States Motion t4l Find D~(~ndant in Contempt POlS Hi

the G)xpert repoLts descriled herem) with the Court and serve copies oE his leport and the

expert reports UpOll the pGlrties The experts) consultants and staff retained pursuant to

thi~ Order arc directed to prepare their expert reports to ensure the Spedal Masters

compHance with this subsecdon and Sections F(7) and F(8) of this Order In the event the

Special Matlter or the Special Masters experts_ consultants or staff reqUEst the duplication

and productioll of dOCtunents during a tour and inspection and Defendants fail to deliver

such documents within l1iteen (15) dClyS of said tOitr and inspection the Speciall11astet and

the releva1t requesting ~xpert consultant or staffpersonJ shall note in their reports) the

Defendants delay and may determine based on t~~ failure to timely deliver sLlm

documents tat Defenc1ru1ts are not in sustained substantial compliance with the orders of

the Court

3 Where it is the recomm~Idation of the Special Master that the Court issue

certain ordel(s) the report shaH illclLlde a proposed order

4 Consuitattts experts and staff also shall prepare written reports (expert

reports) to the Special Mater to assist the Special Master to carry out the powers dutid

and responsibilities of this Order and other orders of the Court and to assist the Sptcial

Master in preparing the Special Masters report The Special Master shall include the

MAR-23-2006 1707 FROM p 18j(FAX NO 3407735416MAR-23-2006 THU 0441 PM Jud~e Cannon

LImt~d Statcsp Territory of the Yign Is1r11i~

1986middotCV-0265 Order GIltlrling Unlted Stlt~middot Motion to Find Defendant in Contenpt

ptge 19

13407763474 TO202 514 0212 P2033

expert leports as part oflilS repo1t and [he ~xpert reports shall be considered illCorp01ated

by leierence into the Special MastelS report

5 Each of the SpecialMasters repcJlts and expert reports shan describe ill detml

(a) the work periormed (b) tours C1nd inspections conducted (c) meetings attended (d)

persoliS ilLterviewec and those personS met with plrsuant to Section C(4) of this Orderi (e)

documents requested received and l~viewed (including a description of the number

types identifying infotll1ation and date ranges of d6cuments S1lch as [number] ofincident

reports from [date] to [91lre] levi~wed patient charts of [patients AB c[) EF etc-J

[number] of inn1 Ie files out of a pOp Lllation of [to tal population of facility] maintenance

records from [date] to [date) for [machineareasystem] policies and procedures for [area

of operation] trairung records of officers [UV vVx YZ etc] [subject

areaofficeofficers] logbook) (f) the steps talltenpursuant to Section) C(4)-(5) opoundthis Orde

in order to aSsess compliance (g) the subjective and objective criteria used to make

reCOIDlnendations and findhlgs propose remedial measures and ordersi and rlssess and

determine substantial compliance non--cornpliance or partial compliancej (h) the steps

taken to analyze conditions and assess compljance and the factual basis for each findrng

(i) any other additional assessment crireri~l used in lhe experts consultants and

5t~ffp(rsons area of expertise where pursuant to Section C(4) of tbis Order arl experl

MRR-23-2005 1707 FROM 13407763474----- TO202 514 0212 P2V33

MAR-23-2006 THU 0441 PM Judge Cannon FAX NO 34071254i8 p 2032

Unitt Stales v -territory of the Virgin I]allas 1986-CY-0265 Order Granting United States MOlLen to Fi11ct Defendant in Contempt Page 20

cO1Eultant 01 staffpersol1 retalned by the Special Master used such additional assessment

criteria (j) any technical ~S5ist~nce provided to Defendmts (k) steps tak~n by Defendan8

to implemen t the ordetslDf the Court and comply with any remediCll measures ordered by

the Conrt (1) specific reference to the provisions of this Order EUld the ordersof the Court

illplem~nted or not implemented by Defendantsi (m) tiLe Special Mastets ox experts

evaluation of the extent to which Defendants have complied with 03Ch substruitive

remediaL measure or provision of the orders of the Court

6 If the Spe~al MClster or 4Ui expert consultant or sWifpC50n retltllned by the

Special Master det~lmiddotmines th~t Defendants are in sustained substantial compliance with

any provlsions of Ihis Ordel or the orders of the Coult the Special Master expert

consultant or staffprs~m shaU so state in his written report and provide the factual baSIS

ror the findings includijg as appropricltc identification of the details genetally described

ill Section F(5) of this Order and any omiddotthl information details documents or evidence

which supports the Special Masters determination that the Defendants are in sustained

substanlfal compliance Upon notice to the parties 0ppOltLtIuty to be heard al1d order of

the COllrt review and assessment of thlt provision of the orders of the Court shall be

S1tspended pending aitherthe motion of CI party for reinstaten1ent of review and assessment

or the abrogation of this Order

P2233MAR-23-2006 1707 FROM 13407763474 TO202 514 0212 P 2132MAR-23-2006 THU 0442 PM Judge Cannon FAX NO 3407735416

United Stlltes v Territory oj the Virgin 18umds 1~86middotCV-0265 Ord~r Glantlng United States MotiOn to Find Defendant in ConLempc

Page 21

7 Pdor to the Special Master 5 filing ofthe Ploposed report expert reports and

any proposed order(s) witli th~ Court the Splt=cial Master shall provide copies of th~

plOpoSeurod repOlt expert repOltS and any proposed order(s) to the parties for leview and

comment The Special Masttl snaU allow no more than ten (10) days for review and

contment p=-ior to filing yrith the Court

8 Within ten (10) days of filing of the Special Masters proposed repolmiddottand any

proposed order(s) the palties shall submit to the Court any agreement tvich or objecbons

to the Special Masters report andor proposed order$ Upon review and consideration of

any submissions by the parties the Court shall d~tefmille whether to adopt the Special

Masters repoJt in who)e or in part and whether to issue any proposed order(s) 1111

failure of 3 party -to file any objection(s) to the Special Masters report shan constitute

agreement with ilie lcport lId if the Special Master has submitted a proposed order(s)

consent to issuance of tkle proposed order(s) as an ordcr(s) of the Court

9 Prior to d~termining whether to adopt the Special Masters report in whole

or il1 part and whether to lS5ue any proposed order(s) the Court may upon request or

when deemed applopriat~ hold a hearing at the earliest convenient time after no tiCI tel aE

parties Such hearing s)lltul be condncted as the Court deems appropriate

MRR-23-2005 1707 FROM 13407763474 TO202 514 0212 P2333 _--i t (1=-(FAX NO 3407735418I1AR-23-20o6 THU 0442 PM Judge Cannon

UJlUdi 5tMe v Territory of tho Vilgil [~lartcl$

lSl86-CV-D65 Old Granting United 5lpoundites Motion to Find Defendant in Contcrnpt

Page 22

10 The SplCial Masters report and any expert reports 6hall as needed be

writtelt with due regard fo the privacy interests of individual inmatt5 and staff AD nO1shy

public information obtai-ned by the Special Master and the Special Mastees experL1i

consultants and staff shall be maintained in a confi dential marmer

11 Once issued as orders of the COUlt the Special Mastl2rS repolt (together with

roy expert reports) shall be ente1ed into the Courts docket

G CONFLICTS AND DISCLOSURE

1 Nothing herein shall prevent either Defendants Dr the United States from

retaining consultants experts and staff to aS5ist in their defense or prosecution of this ca~~

or in tlleir efforts to achieve DefeIldants conpliance vith the orders of the Cot1rt and

evaluate such compliance

2 Ex~ept ac permitted p1tsuantto Section G(4) of this Order no party nor any

employee or agent of ahy party sbClJl have any supervisory authority over the Special

Master or the Special MasttIs experts consultants or staffs activities reports findings

Of recommendations aI)d in no event shall any party nor any employee or agtnt of 2(ny

party have any superVisory autllority over t11e special Master OT the Special Masttrs

explpoundrts consultants or staffs ~ ctivi ties lepcllts findiJgs or recommendations regarding

MRR-23-2005 1707 FROM 13407763474 TO202 514 0212 P2333 _--i t (1=-(FAX NO 3407735418I1AR-23-20o6 THU 0442 PM Judge Cannon

UJlUdi 5tMe v Territory of tho Vilgil [~lartcl$

lSl86-CV-D65 Old Granting United 5lpoundites Motion to Find Defendant in Contcrnpt

Page 22

10 The SplCial Masters report and any expert reports 6hall as needed be

writtelt with due regard fo the privacy interests of individual inmatt5 and staff AD nO1shy

public information obtai-ned by the Special Master and the Special Mastees experL1i

consultants and staff shall be maintained in a confi dential marmer

11 Once issued as orders of the COUlt the Special Mastl2rS repolt (together with

roy expert reports) shall be ente1ed into the Courts docket

G CONFLICTS AND DISCLOSURE

1 Nothing herein shall prevent either Defendants Dr the United States from

retaining consultants experts and staff to aS5ist in their defense or prosecution of this ca~~

or in tlleir efforts to achieve DefeIldants conpliance vith the orders of the Cot1rt and

evaluate such compliance

2 Ex~ept ac permitted p1tsuantto Section G(4) of this Order no party nor any

employee or agent of ahy party sbClJl have any supervisory authority over the Special

Master or the Special MasttIs experts consultants or staffs activities reports findings

Of recommendations aI)d in no event shall any party nor any employee or agtnt of 2(ny

party have any superVisory autllority over t11e special Master OT the Special Masttrs

explpoundrts consultants or staffs ~ ctivi ties lepcllts findiJgs or recommendations regarding

MRR-23-2006 1708 FROM 13407763474 TO202 514 0212 P2433 r j ~FAX NU 3~O((3b41bMAR-23-200B THU 0442 PM Judge Cannon

Un itad States v Tcrritetnj of the Vilgm I~iJmds

1986middotCV-0265 Order GlmltLnS United Statesl MotiCt to Find D~fendzmt i contempt

Page 23

the subject mattel of thi$ l~wsuit or review and assessment of the conditions at Gold~n

Grove

3 UnleEs such conflict is waived by the parties and ordered by the Court the

Special Master and the Special Masters experts consultant~ and staa shall not accept

employment or provlde ~ervices for any matter relating to the subject matter of this lawsuit

or the conditions at Goiqen Grove including being retain(d (on cl paid or unpaid basis) by

any (utent or future ]~tigant or claimant or such litigants or claimanLs attorney in

connectionwith a claim 01 suit against Defendants or the Virgin Islands or its departments

officPrsr agents or empioyecs regarding the s11bject matter of this lawsuit or review and

assessment of the conditions at Golden Grove

4 Neither the Special Maampterl nor the Special Mastel 5 experts consultants ar

staff Clle balred from accepting employaent or proViciiIlg eXPGlt or consulting services for

matters tlat are not ll~kited to the subject nlatter of this laws(tit 01 review and assessment

of the conditions at Golden Grove

5 Except as required or authorlzed by the orders of t1l~ Court the SpeclAl

Mtster and the SpecialMaster~ exp~ds consultants and staff shall not with ~e exception

of filing5 with the Court and gtMements in open Court mCLke any public statements Ot

stuterlenls lo the press regardjlig this matter the work perfolmed pursuant to 6~ orders

llAR-23-2006 THV 0442 PM Judge Cannon FAX NO 3407725416

MRR-23-2006 1708 FROM 1340( (bS4 (4

p 24132

United StMes V Trr7iIOrd of the Vilgm ls14nds 1966-CV-0265 Older Crmti1g United States Molion to Find ])centfrndant in Contempt l)age 24

of the Court regarding this matter or any observ()tions statements conclusions

recommendations or filcHngs iI connection wlth this malteuroT or disclose any iJuormation

to anyone othel than the COt1Lt the parties or othel exper ts consultants andstaff wolldng

with the Special Mastel pursuant to Ue orders of the Court

6 Other tl1Clp this lawsuit and only as between the United States and

Defendants the Special Master and the Sp~ciaIMastel s experts consultants and staff sball

not testify regarding ~lly matl-er or subject that he or she may have leamed asl result of

his 01 her performance pursuant to the ordElls of the Court In this l1wsuit and only 1S

bebvcen the United States and the Defendants either party may call tIie Special Master or

the Special Masters experts cOllsultartts and staff as a witness In connection with the

lawsuit neither party will call the Speci~l Maser or the Special Masters exp~rls

consultants and staH a$ their own expert or designate such person as their own exp01t

pursuant to tbe Federal R111es ot Civil Procedure TIle scope and puiJose of the Special

Master or the Special Masters experts consultants and staff testimony shall be left to the

discretion of he Court

7 Other than in this llt1wsuit and only ~s between middotthe United Sta~s 2mJ

Defendants reports iSSled by the Special Master inc111ding exper euroports J shall not be

admissible AgainstDefendants in any proceeding fol any reason In this lawsuit as betwt~eLl

MAR-23-2006 1708 FROM

MAR-23-2006 THU 0442 PM Judi

Unitta St([t~ v Tc1itory 0 the Vrgin lslnnrls

I) cbIFAX NO 3407735416e Cannon 13407763474 TO202 514 0212 P2633

1986CY[]265Order Granting United Statlts~ Motion to Find Defendant in Conttl1tpt

Page2S

thE United States and Defendants the admissibility illto evidence of the Special Masteurogt

reports including expett reports or portions thereof shall be Governed by the Federal

Rules of Evidence and the pmmiddottics reserve all rights either to 5euroek Z1dn1lssibmry 01 object to

admlssioility of those reports

8 the Special Master and the Special MasteJs experts COl1Stl1tants and staff are

appoirted pursuant to the ordels of the Court and arc not a federat territorial state or

local agency or an ~gent thereof and G1ccordingly with the exception of filings with the

Court mid records introduced in open Court the records maintained by the Special Mas ter

and the Special Mas ter s expel ts consultants and staff shall not be deemed public records

subject to pubUc inspection

H Costs amp Expenses

1 PurSUa1t ~o the PLRA 18 USc sect 3626(pound)(4) and as described in Tnore detail

below the Court shall pay the Special gt1asters fees plus reasonably incurred costs cmd

experges as described ii1lllOre detail below

2 Defendants shall pay each of the Special Masters retained consulwnts

expeltS 01 gttaff a daily ~ee plus reasonably incurred costs and expenses as deicribed in

more detail below

MAR-23-2006 1708 FROM

MAR-23-2006 THU 0442 PM Judi

Unitta St([t~ v Tc1itory 0 the Vrgin lslnnrls

I) cbIFAX NO 3407735416e Cannon 13407763474 TO202 514 0212 P2633

1986CY[]265Order Granting United Statlts~ Motion to Find Defendant in Conttl1tpt

Page2S

thE United States and Defendants the admissibility illto evidence of the Special Masteurogt

reports including expett reports or portions thereof shall be Governed by the Federal

Rules of Evidence and the pmmiddottics reserve all rights either to 5euroek Z1dn1lssibmry 01 object to

admlssioility of those reports

8 the Special Master and the Special MasteJs experts COl1Stl1tants and staff are

appoirted pursuant to the ordels of the Court and arc not a federat territorial state or

local agency or an ~gent thereof and G1ccordingly with the exception of filings with the

Court mid records introduced in open Court the records maintained by the Special Mas ter

and the Special Mas ter s expel ts consultants and staff shall not be deemed public records

subject to pubUc inspection

H Costs amp Expenses

1 PurSUa1t ~o the PLRA 18 USc sect 3626(pound)(4) and as described in Tnore detail

below the Court shall pay the Special gt1asters fees plus reasonably incurred costs cmd

experges as described ii1lllOre detail below

2 Defendants shall pay each of the Special Masters retained consulwnts

expeltS 01 gttaff a daily ~ee plus reasonably incurred costs and expenses as deicribed in

more detail below

MRR-23-2006 1708 FROM 13407763474 TO202 514 0212

FAX NO 3407735418 r 2tl13iMAR-23-2006 THU 04 42 PM Jlldge Cannon

Urited St~ltes tI Tel1~orll ofthe Virgi)l s((17d

1l86-CV-0265 Ord~l Gra[tllt~ Umted St~tt$ Motion ro Find Defendant in Contempt

Page 26

P2733

3 In addition to the abovementioned fees Defendrults also shall pay reasOitable

tratSportation travel lodging meals and incidental expenses for the Special Mast~r

consultants expelts 01 $taff as well a5 reason~ble mai1jng facsiroile and photocopying

expenses In determirung ~easonable expens~$J the Court will consider prevailing

commercially avltrilable costs for travel to lodging in and wodlt in the Virgin Islands as

weD as United States Government and Virgin Islands Govemment cunent per diem meal

and inddental expense rates

4 01 a quarterly basis the Special Master (jonsultants experts tllld staff Jhall

$~bmit SepOllMely a stat~ment to the Court for approval of each persons fees ano expenses

with copies to counsel for all parties The statement shall contain 2t signahue line for the

Court accornpa1i~clby the statement JJ Approved for Di~bursementI Objectionsmiddotto the

statetll(~nt shall be filed within ten (10) days of filing of the s~atement Heal1ngs thereon

shall be at the sale discretion of the Court Any sum approved by the Court shrll be paid

within fifteen (15) days unless ordeled or agreeurod upon

5 Within tAenty (20) days of me dzlte of this Order Defeurondants shall depo~jt

with the Clerk of Courti United States District Court for the District of the ViJgm Islands

Division of St Croix to the Clerks Registry Account a sum in the amount of $10000000

(one hUJd)td~thousand c1o11clrs) and Defendants shrul as ordered by the COlUmiddott deposit

MRR-23-2006 1709 FROM 13407763474 TO202 514 0212 P2833 FAX NO 34cr((3b41~ 1 r ( JcMAR-23-200B THU 0442 PM Ju~ge Cannon

Um~erl States v Tdti~Qry of Htr Vtlgin island$

19S6-CV-0265 Order Granting Cnit~cl Stntesi Motion to Find Defendant ill Contempt

Page 27

511(11 additional monjes lS required fOl payment of the statements or the Special Master

consultants experts and gttaff

6 Money deposited in the Clerks Registry Account shall notb~ subject to any

Court s1llcbarges

7 Money deposited in the Clerk5 Registry Account shall be paid according to

this Order and the Olders of the Court and shall be subjtct only to the budgetary

allocation spending ilnd payment decisions made by this COUlt pursuant to the orders

o the COl1It

8 Witl1 the e~ceptlon of the costs and expenses described heLein each patty is

LO bear its 011111 costs

I Defendants Status Reports Record Keeping and Other Duties and Parties

Cooperation and Access

Inaddiiion to the responsibilities and duties of the parties detailed in this Order and

th~ orders of the Court the Court Orders the following

1 All partie~ shall cooperate fully with the Specill Master Defendants shall

direct all current and future management staff and persoIUlel (whether palty or 11011shy

party employee contractor or affiliated person or agency) oE Defendants and Golden

MAR-23-2006 1709 FROM 13407763474 TO202 514 0212 r- c~vss t (lUiFAX NO 3407735416MAR-23-2006 THIJ 04~2 PM Jlld~e Cannon

United Stales v TelJmiddotirory of the Virgin flltllld

1986-CV middot0265 Order Granting Unitet Slates Molion to Find DefendfL in Contempt

Page 26

Grove to cooperate fully with the Special Master cmd the Special Masters experts

consL1ltants and stCiff

2 The Defendants shall ensure that all current and future management staff

and persoIU1el (whethel party or l1on~party employee C01tractor or affiliated person or

agency) of Defendants arjd Golden Grove Lmderstand and foUow the terms of this Order

and the orders of the COUlt (to the extent necessary) to carry out their job dutils and

respol1ibiHties and to implement the tel1l1S of this Order and the orders of the Court

3 Wjthin ten (10) days of the appointmlnt of a Special Master Defendants shall

designate in writing to the Courl the Special Master ond the United States an individual

IS a compliance coordiIl(tolfor the Special Master who shall (a) accept document requests

from the Special Master on behalf of all Defendants (b) on behalf of all Defendants bt

responsible for delivery or doclment9 to the Sp~cial Master (as the Special Master direds

either to the Special Mast~lmiddot andor the Special Masters experS consultants Dr staff) and

to th~ United States (q) disttibute documents and meeting and tour and inspection

schedules issued by the Special Mastel to cach Defendant and (d) ensure DefendanlJ

comply with the SectioIiS P(2) and 1(6) of this Order and the orders of the Court

4 Defendants shall trtalntain sufficient records to document compliance wi lh

all of theuro l-equirements of tllis Order and the o~ders of the Court and to derncJIl5trate

------MRR-23-2005 1709 FROM 13407753474 TO202 514 ~clc t-j~jj

~ ~~ I~FRX NO 3~07735416MAR-23-200B THU 0442 PM Jud~e Cannon

L1rlit~d SWtS v TrmitDYy uf the Vllgil11slllnds

19S6-CVmiddot0265 Ordtt Grmting Lnited States ~otiol1 to Find Defendant il~ Conternpt

Pag~29

sustained substantial compliance with the orders at the Court Defenda11ts also shall

maintron (as long as the olders of the Court remaiIl in effect) any and allrecords (a) ld

document compliance with all of the requirements of this Order alld the orders of the Court

and to d~monstrate sustained substantial COlllplincewith the orders of the Court and (b)

required by the SpedalMaster and the Special Masters experts consultants Ot staff or

prodLlced to the Special Master and the Spedal Masters expert9 consultants 01 stapound1 The

C01l1t hereby finds that ~vel1 the approximately twenty (20) year history ot this litigation

and the requhement that Defelldants demonstrate sustained -Ubstruitial compliance the

records desClibed in this sllbsection sh~)ll not be subject to Virgu1 Islands territorial local

or othel erord and docInent retCl1tion laws tegulations requirements andor

procedures

5 Within thirty days (30) days of the appointment of a Special Master

Defendants shalliilc with the Court and serve on the Special Master and the UnHed States

a staltl$ report inclLld~g any supporting documentation s1lch as p01kies procedures

protocols and tntilling materials delineating all steps taken 01 piarmed in the current

reporting period to comply with each sub$t~Jltive provision of tbe Consent Decree Pldll

of Compliance Stipcllated Ag~eement and the ord~rs of the Court Thereafter Detendllnts

MRR-23-2005 1710 FROM 13407753474 TD202 514 0212 r 5155

pjUI1MAR-23-200B THU 0442 PM Ju4ge Cannon FAX NO 34Q7735~IB

United Stotes v Tdrito)Y ufthe Vilgin Isla1lds 1986-CV-0265 Order Granting ULlited5tate1Moti011 to Find Dekndmt in Cuntenpt

Page 30

will file with tiLe Court ~lid sitlve on the Special Master 1lld the United States a status

report and supporting d9Cumentation every thirty (30) days

6 vrhile onsite in t11e United States Virgin Islands Defendants shalJ provide

the Sedal Master and his consul tants experts and staff wi th sltch ofEce space equipment

(~ complter intemet access copier local and long distance tcalephone and facsimile

access) and support serv~ces tbat the S pedal Master and his consul truLts experts and staff

may reasonably require

7 When~vel the Special Master conduds a tour or inspection of Golden Grove

P1usmiddotJant to the orders pf the Court the United States and Ddendants shall have tJte

opporrunity to participate in Slch tottr or inspection with the same level of acceltgtS as th(

Special Master A partys decision to waive its right to take part in all or part of a t011r or

inspection shail not preclude future p~LticipatiOll in any tour or inspection and shallnoL be

used against any party during futtue proceedings

8 Whenever the Special Master or tlt~ Special Masters expertsl consl1ltants OJ

staff receives 01 reviews documents or other materjals pUr9tH1l1HO this Order or the orders

of tle Court (incll1ding without limitationl dOCl~ments received or reviewed during the

course of any toU and irivestigCltion pmslllt to Section C of this Order)r the United States

MRR-23-2006 1710 FROM 1340776347

MAR-23-2006 THU 0443 PM Judge Cannon

Uliltd States v Territory pf thtl YiJSill Monds 1986-CV-U265 Order Cranting United States Motiollto l~lnd Defendant in Contempt

Page 3J

4 FAX KO 3407735416 P JlJ2

TO202 514 0212 P3233

and Defendants 5h111 receive such dOCLlmenls 01 other materials contempuraneously wi~h

delivery to the Special MastEr

9 Ifany unfotieseen cirClItltstance occurs which causes a failure to carry out any

proi~ion of this Order or the orders of the Court in a timely fashion Defendants shall

no tiEy th~ Court the Special Master the Special Maslers experts CODSit1tants and staff

and the United States in ~vriting within a reasonable time ~Ifter Defendants beconlc aware

of the unforeseen CLlCUmstEll1ce and its impact on Defendants ability to complyi Vvith this

Order and the orders of the COL1rt The notice shall describe the cause of the failure to

perform and the lneasL1~es taken to prevent or minimize the failure Defendants shall

implement aU ieasonabl~ measures to avoid or miJ1itnize any such poundailure

WHEREFORE it is hereby ORDERED thltlt the United States Contempt Motil)l

(Dkt 154) is helcby GRANTED and Defendants are hereby held in CON1EMPTi the

Court hereby ORDERS the appointrnent of CI Special Master with the responsibilities

duties Clnd powers set forth in this Older and her0by ORDERS the fur ther relief desclib~c1

in this Order

ENTER

- ~~ il Dated March 23 2006 -~~~ GEORGwcANNONJR 1)s MAGISTRATIL JUDGE

~ 1V

MRR-23-2005 1710 FROM 13407753474 TD202 514 0212 r 5155

pjUI1MAR-23-200B THU 0442 PM Ju4ge Cannon FAX NO 34Q7735~IB

United Stotes v Tdrito)Y ufthe Vilgin Isla1lds 1986-CV-0265 Order Granting ULlited5tate1Moti011 to Find Dekndmt in Cuntenpt

Page 30

will file with tiLe Court ~lid sitlve on the Special Master 1lld the United States a status

report and supporting d9Cumentation every thirty (30) days

6 vrhile onsite in t11e United States Virgin Islands Defendants shalJ provide

the Sedal Master and his consul tants experts and staff wi th sltch ofEce space equipment

(~ complter intemet access copier local and long distance tcalephone and facsimile

access) and support serv~ces tbat the S pedal Master and his consul truLts experts and staff

may reasonably require

7 When~vel the Special Master conduds a tour or inspection of Golden Grove

P1usmiddotJant to the orders pf the Court the United States and Ddendants shall have tJte

opporrunity to participate in Slch tottr or inspection with the same level of acceltgtS as th(

Special Master A partys decision to waive its right to take part in all or part of a t011r or

inspection shail not preclude future p~LticipatiOll in any tour or inspection and shallnoL be

used against any party during futtue proceedings

8 Whenever the Special Master or tlt~ Special Masters expertsl consl1ltants OJ

staff receives 01 reviews documents or other materjals pUr9tH1l1HO this Order or the orders

of tle Court (incll1ding without limitationl dOCl~ments received or reviewed during the

course of any toU and irivestigCltion pmslllt to Section C of this Order)r the United States

MRR-23-2006 1710 FROM 1340776347

MAR-23-2006 THU 0443 PM Judge Cannon

Uliltd States v Territory pf thtl YiJSill Monds 1986-CV-U265 Order Cranting United States Motiollto l~lnd Defendant in Contempt

Page 3J

4 FAX KO 3407735416 P JlJ2

TO202 514 0212 P3233

and Defendants 5h111 receive such dOCLlmenls 01 other materials contempuraneously wi~h

delivery to the Special MastEr

9 Ifany unfotieseen cirClItltstance occurs which causes a failure to carry out any

proi~ion of this Order or the orders of the Court in a timely fashion Defendants shall

no tiEy th~ Court the Special Master the Special Maslers experts CODSit1tants and staff

and the United States in ~vriting within a reasonable time ~Ifter Defendants beconlc aware

of the unforeseen CLlCUmstEll1ce and its impact on Defendants ability to complyi Vvith this

Order and the orders of the COL1rt The notice shall describe the cause of the failure to

perform and the lneasL1~es taken to prevent or minimize the failure Defendants shall

implement aU ieasonabl~ measures to avoid or miJ1itnize any such poundailure

WHEREFORE it is hereby ORDERED thltlt the United States Contempt Motil)l

(Dkt 154) is helcby GRANTED and Defendants are hereby held in CON1EMPTi the

Court hereby ORDERS the appointrnent of CI Special Master with the responsibilities

duties Clnd powers set forth in this Older and her0by ORDERS the fur ther relief desclib~c1

in this Order

ENTER

- ~~ il Dated March 23 2006 -~~~ GEORGwcANNONJR 1)s MAGISTRATIL JUDGE

~ 1V

MRR-23-2006 1710 FROM 1340776347

MAR-23-2006 THU 0443 PM Judge Cannon

Uliltd States v Territory pf thtl YiJSill Monds 1986-CV-U265 Order Cranting United States Motiollto l~lnd Defendant in Contempt

Page 3J

4 FAX KO 3407735416 P JlJ2

TO202 514 0212 P3233

and Defendants 5h111 receive such dOCLlmenls 01 other materials contempuraneously wi~h

delivery to the Special MastEr

9 Ifany unfotieseen cirClItltstance occurs which causes a failure to carry out any

proi~ion of this Order or the orders of the Court in a timely fashion Defendants shall

no tiEy th~ Court the Special Master the Special Maslers experts CODSit1tants and staff

and the United States in ~vriting within a reasonable time ~Ifter Defendants beconlc aware

of the unforeseen CLlCUmstEll1ce and its impact on Defendants ability to complyi Vvith this

Order and the orders of the COL1rt The notice shall describe the cause of the failure to

perform and the lneasL1~es taken to prevent or minimize the failure Defendants shall

implement aU ieasonabl~ measures to avoid or miJ1itnize any such poundailure

WHEREFORE it is hereby ORDERED thltlt the United States Contempt Motil)l

(Dkt 154) is helcby GRANTED and Defendants are hereby held in CON1EMPTi the

Court hereby ORDERS the appointrnent of CI Special Master with the responsibilities

duties Clnd powers set forth in this Older and her0by ORDERS the fur ther relief desclib~c1

in this Order

ENTER

- ~~ il Dated March 23 2006 -~~~ GEORGwcANNONJR 1)s MAGISTRATIL JUDGE

~ 1V

t-MAR-23-2005 1710 FROM 13407753474 TOc=i6c= lQ i6clc -- FAX NO 3407135416 f JcJfMAR-23-2006 THU 0443 PM Judge Cannon

Urllrcd Sfl1ltS o T~nmiddotitolY ofihe vilgi111lcmds

1986cV-0265 Ordmr Glanling Uni~(d States Motion to Find DQf0l1dant il CofltempC

P~ge32

ATTEST

WILFREDO F MORALES Clerk of Court

By Deputy Clerk