Case: Charlie and Nadine H. v. Corzine

2:99-cv-03678 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 4, 1999

Case Ongoing

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Case Summary

On August 4, 1999, a group of children in the legal and/or physical custody of the New Jersey Division of Youth and Family Services (DYFS) filed this lawsuit against the State of New Jersey and DYFS in the U.S. District Court for the District of New Jersey. Represented in part by Children's Rights, Inc., the plaintiffs alleged that DYFS failed to protect them from abuse, failed to provide them with services such as medical care, and failed to provide DYFS caseworkers with adequate resources and training. The plaintiffs claimed these actions violated federal common law and federal statutes. They named, in particular, the Adoption Assistance and Child Welfare Act of 1980, as amended by the Adoption and Safe Families Act of 1997, 42 U.S.C. §§ 620-27, 670-679; Multiethnic Placement Act of 1994, as amended by the Interethnic Adoption Provisions of 1996; Child Abuse Prevention and Treatment Act; Early and Periodic Screening, Diagnostic and Treatment Program, 42 U.S.C. § 1396 et seq; the Americans with Disabilities Act, 42 U.S.C. § 12131; and the Rehabilitation Act of 1974, 29 U.S.C. § 794. Additionally, the plaintiffs claimed that New Jersey and DYFS’s actions violated the Due Process clause of the Fourteenth Amendment and the rights to association, privacy and family integrity under the First and Ninth Amendments. With the complaint, the plaintiffs also moved for class certification.

On October 12, 1999, the defendants moved to dismiss the case for failure to state a claim. On January 27, 2000, U.S. District Judge Garrett E. Brown granted the motion with respect to the plaintiffs’ substantive due process cause of action. The court dismissed the substantive due process claim to the extent it was alleged on behalf of children who were voluntarily in state custody. The court held there was no substantive due process right to “not remain in state custody unnecessarily” or “to be housed in the least restrictive, most appropriate and family-like placement while in state custody.” The court also dismissed the plaintiffs’ cause of action under the Multiethnic Placement Act of 1994 because the plaintiffs failed to allege that they were denied the opportunity to become an adoptive or foster parent on the basis of race, color, or national origin.. The court denied the motion for all the other asserted causes of action, and noted that "[t]here [was] no term other than tragic to summarize the facts" alleged in this case. Charlie H. v. Whitman, 83 F. Supp. 2d 476 (D.N.J. 2000).

After some procedural wrangling, in October 2000, the plaintiffs submitted an amended complaint as well as a modified motion to certify class action. By March 2001, the plaintiffs moved for a preliminary injunction to prevent the defendants from conducting an audit of DYFS case records. The court then ordered the defendants to show cause why a preliminary injunction should not be entered. On June 28, 2001, the court again denied the plaintiffs' motion to certify class action, concluding that the plaintiffs’ class definition was overly broad. On July 30, 2001, the plaintiffs again filed a third motion for class certification, which the court granted on March 7, 2002. During this time, on September 28, 2001, the court denied the plaintiff's motion for preliminary injunction after determining that the plaintiffs failed to show irreparable harm and that injunctive relief was warranted. The parties proceeded towards trial and commenced discovery.

Meanwhile, on January 27, 2003, the New York Times and other newspapers moved to intervene in the case in order to modify the confidentiality orders. The court granted the motions in part for purposes of reporting to the public about the state of the child welfare system. Charlie H. v. Whitman, 213 F.R.D. 240 (D.N.J. 2003). The New York Times published a series of articles focused on the New Jersey child welfare system, including several pieces about the death of Faheem Williams, a seven-year-old boy whose case had been closed by DYFS even though there were outstanding issues of abuse.

Once discovery concluded, on February 27, 2003, the court entered an order referring the parties to mediation and appointed former New Jersey Supreme Court Justice Stewart G. Pollack. Through mediation, the parties reached a settlement agreement in July 2003. After a fairness hearing, the court approved the settlement agreement on September 2, 2003. Under the core principles that the foster care placements be as temporary an arrangement as possible, with its goal being to provide to children in out-of-home environment safe permanent placements, the settlement agreement mandated the creation of an expert panel (the New Jersey Child Welfare Panel) which was tasked to begin the planning process for improvements in the child welfare system and overall supervision and technical assistance during the 18 month period. The agreement also set out planning procedures, definition of improved outcomes for children, and review process. Areas of immediate mandates included securing funds ($14.3 million) to hire additional man power, conducting safety assessments, reviewing high-risk facilities individually, reviewing standards for licensing, reviewing hiring processes, among others. The agreement also mandated the appointment of a monitor.

On February 26, 2004, the plaintiffs moved to appoint a guardian ad litem on behalf of three class members, currently in DYFS custody, to protect their interests in any claims for damages they may have against DYFS. On April 5, 2004, after oral argument on this motion, the court denied the plaintiffs’ motion to appoint a guardian ad litem. The plaintiffs then moved for $150,000 in attorneys’ fees and expenses on September 27, 2004. The court granted that motion on November 5, 2004.

In October 2005, the court-appointed monitor found that the state was making "seriously inadequate progress" in implementing the terms of the settlement agreement. During this time, the Communication Workers of America, AFL-CIO (CWA) were granted leave to appear as amicus curiae.

After unsuccessful negotiations between the parties to improve progress levels, in December 2005, the plaintiffs moved to hold the defendants in contempt for noncompliance with the consent decree. However, the newly elected governor created a new cabinet-level children's agency and began new negotiations with the plaintiffs. As a result, the parties modified the settlement agreement in July 2006.

The modified settlement agreement provided for phased implementation. In Phase 1, lasting from July 2006 to December 2008, the state committed to working in collaboration with the Monitor to develop a case practice model that addresses issues of regular case planning, development of individualized service plans, and training for caseworkers. Among the increased services for youth are mental health services, services for lesbian, gay, bisexual, transgender and questioning youth, and regular medical examinations.

Phase II, from January 2009 until termination of the agreement, required completion of certain outcomes based on numerous indicators—e.g., that all children are safe from abuse and that siblings are placed together. The settlement provided for bi-annual reports by a monitor and established a dispute resolution process. Until November 2015, the monitor filed reports in accordance with the modified agreement.

On November 4, 2015, the second modified settlement agreement was entered. The 2015 agreement identified as areas to be achieved: timely and quality completion of investigations on alleged child abuse and neglect, timely execution of initial and subsequent family team meetings, proper needs assessment, timely and quality planning of cases, proper management of intake/adoption workers' caseloads, proper parent-child/siblings visitations, stable placements (with siblings, where possible), prevention of repeat maltreatment and re-entry to placement, timely discharge to permanent placement, provision of services to support transition and independent living assessment of older youth. The agreement stipulated that once defendants demonstrated compliance during a period longer than 12 months, the court would terminate its jurisdiction over the case. The first monitor’s report for the new agreement was filed in June 2016.

Enforcement of the settlement agreement is ongoing.

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Summary Authors

Elizabeth Homan (12/16/2012)

Soojin Cha (7/3/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5709217/parties/h-v-murphy/

Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Chesler, Stanley R. (New Jersey)

Hughes, John J. (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

Burt, Jessica Ann (New Jersey)

Cooper, Marion B. (New Jersey)

Cullen, Patricia A. (New Jersey)

Halper, Jason E. (New Jersey)

Harris, David L. (New Jersey)

Johnson, Marion B. (New Jersey)

Judge(s)

Brown, Garrett E. Jr. (New Jersey)

Chesler, Stanley R. (New Jersey)

Hughes, John J. (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorneys(s) for Plaintiff

Burt, Jessica Ann (New Jersey)

Cooper, Marion B. (New Jersey)

Cullen, Patricia A. (New Jersey)

Halper, Jason E. (New Jersey)

Harris, David L. (New Jersey)

Johnson, Marion B. (New Jersey)

Lowry, Marcia Robinson (New York)

Rinschler, Joshua David (New Jersey)

Attorneys(s) for Defendant

Arnold, Christian A. (New Jersey)

Brand, Stefanie A. (New Jersey)

Carlton, Lauren F. (New Jersey)

Huber, Ann A. (New Jersey)

McCoach, Howard J. (New Jersey)

Miller, Jeffrey John (New Jersey)

Other Attorney(s)

PINARSKI, ANNMARIE (New Jersey)

Robinson, Donald A. (New Jersey)

Rosen, Bruce S. (New Jersey)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:99-cv-03678	Docket [PACER] H. v. McGreevey	June 2, 2016	June 2, 2016 Docket
30 2:99-cv-03678	Order Charlie H. v. Whitman	Jan. 27, 2000	Jan. 27, 2000 Order/Opinion
64 2:99-cv-03678	Amended Complaint for Declaratory and Injunctive Relief Charlie and Nadine H. v. Whitman	Sept. 29, 2000	Sept. 29, 2000 Complaint
175 2:99-cv-03678	Memorandum Opinion Charlie H. v. Whitman	March 20, 2003	March 20, 2003 Order/Opinion
200 2:99-cv-03678	Order Approving Final Settlement of Class Action H. v. McGreevey	Sept. 2, 2003	Sept. 2, 2003 Order/Opinion
264 2:99-cv-03678	Modified Settlement Agreement	July 18, 2006	July 18, 2006 Settlement Agreement
278 2:99-cv-03678	Period One Monitoring Report	Feb. 26, 2007	Feb. 26, 2007 Monitor/Expert/Receiver Report
279 2:99-cv-03678	Period Two Monitoring Report	Oct. 22, 2007	Oct. 22, 2007 Monitor/Expert/Receiver Report
280 2:99-cv-03678	Period Three Monitoring Report	April 16, 2008	April 16, 2008 Monitor/Expert/Receiver Report
2:99-cv-03678	State Central Registry: An Assessment	July 30, 2008	July 30, 2008 Monitor/Expert/Receiver Report

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Resources

Title	Description		External URL Date / External URL
NJ - Charlie & Nadine H. v. Christie Children's Rights Organization	This website gives excellent background on this case.	Aug. 14, 2015	Aug. 14, 2015 http://www.childrensrights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5709217/h-v-murphy/

Last updated May 27, 2023, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed FILING FEE $150.00 RECEIPT #265788 (MS) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/04/1999)	Aug. 4, 1999	Aug. 4, 1999
2	NOTICE of Allocation and Assignment filed. Magistrate Judge Hughes (Trenton-Brown) (MS) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/04/1999)	Aug. 4, 1999	Aug. 4, 1999
	SUMMONS issued for CHRISTINE TODD WHITMAN, MICHELE K. GUHL, CHARLES VENTI (20 Days) (Handed to Counsel) (MS) (Entered: 08/04/1999)	Aug. 4, 1999	Aug. 4, 1999
3	Notice of MOTION for class certification by plaintiffs. Motion set for 10:00 9/7/99 on [3-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/05/1999)	Aug. 5, 1999	Aug. 5, 1999
4	RETURN OF SERVICE executed as to all defendants 8/4/99. Answer due on 8/24/99. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/10/1999)	Aug. 10, 1999	Aug. 10, 1999
5	APPLICATION by ALL DEFENDANTS and Clerk's Order extending time to answer to 9/8/99. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
6	Notice of MOTION for MARCIA ROBINSON LOWRY, SUSAN LAMBIASE, SHIRIM NOTHENBERG & ERIC THOMPSON to appear pro hac vice for plaintiffs. Motion set for 10:00 9/7/99 on [6-1] motion . (PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
7	AFFIDAVIT of JEFFREY B. GRACER on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
8	AFFIDAVIT of MARCIA ROBINSON LOWRY on behalf pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
9	AFFIDAVIT of SUSAN LAMBIASE on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
10	AFFIDAVIT of ERIC THOMPSON on behalf of pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
11	AFFIDAVIT of SHIRIM NOTHENBERG on behalf pltfs Re: [6-1] motion to appear pro hac vice. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/12/1999)	Aug. 12, 1999	Aug. 12, 1999
12	Notice of MOTION for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. Motion set for 10:00 10/4/99 on [12-1] motion . (PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)	Aug. 30, 1999	Aug. 30, 1999
13	CERTIFICATION of STEFANIE A. BRAND on behalf of dfts in support Re: [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)	Aug. 30, 1999	Aug. 30, 1999
14	CERTIFICATION of ALAN C. KESSLER on behalf of dfts in support Re: [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac for dfts. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/30/1999)	Aug. 30, 1999	Aug. 30, 1999
16	ORDER granting [6-1] motion for MARCIA ROBINSON LOWRY to appear pro hac vice for plaintiffs. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)	Aug. 31, 1999	Aug. 31, 1999
17	ORDER granting [6-1] motion for SUSAN LAMBIASE to appear pro hac vice for plaintiffs, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)	Aug. 31, 1999	Aug. 31, 1999
18	ORDER granting [6-1] motion for ERIC THOMPSON to appear pro hac vice for plaintiffs, etc. (signed Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)	Aug. 31, 1999	Aug. 31, 1999
19	ORDER granting [6-1] motion for SHIRIM NOTHENBERG to appear pro hac vice for plaintiffs, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 08/31/1999)	Aug. 31, 1999	Aug. 31, 1999
20	Minute entry: Proceedings NOT recorded; Minutes of: 9/7/99; The following actions were taken, mooting [6-1] motion for MARCIA ROBINSON LOWRY, SUSAN LAMBIASE, SHIRIM NOTHENBERG & ERIC THOMPSON to appear pro hac vice for plaintiffs. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/10/1999)	Sept. 7, 1999	Sept. 7, 1999
21	ORDER granting [12-1] motion for ALAN C. KESSLER to appear pro hac vice for dfts. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/24/1999)	Sept. 23, 1999	Sept. 23, 1999
22	ORDER granting [12-1] motion for DANA B. KLINGES to appear pro hac vice for dfts. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/24/1999)	Sept. 23, 1999	Sept. 23, 1999
24	Minute entry: Proceedings recorded by Ct-Reporter: Wright; Minutes of: 9/23/99; The following actions were taken; TELEPHONE CONFERENCE CALL: Hrn. set for 11/15/99 at 11:00 a.m. By Judge Garrett E. Brown, Jr. (lk) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/29/1999)	Sept. 23, 1999	Sept. 23, 1999
	Tele-conference held before Judge Garrett E. Brown, Jr. on 9/24/99. (femp) (Entered: 09/28/1999)	Sept. 24, 1999	Sept. 24, 1999
23	SCHEDULING ORDER setting deadline for certain motion, etc. (signed by Judge Garrett E. Brown, Jr.)(nm) (femp) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 09/28/1999)	Sept. 28, 1999	Sept. 28, 1999
25	Substitute attorney for defendants; Terminated attorney JEFFREY JOHN MILLER; Added, STEFANIE A. BRAND (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/04/1999)	Oct. 4, 1999	Oct. 4, 1999
26	Minute entry: Proceedings NOT recorded; Minutes of: 10/4/99; The following actions were taken, granting [12-1] motion for ALAN C. KESSLER & DANA B. KLINGES to appear pro hac vice for dfts. By Mag. Judge John J. Hughes (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/07/1999)	Oct. 4, 1999	Oct. 4, 1999
27	Notice of MOTION to dismiss by DEFENDANTS. Motion set for 10:00 11/15/99 on [27-1] motion . (Brief/PO Subm) (PER CHAMBERS) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/13/1999)	Oct. 12, 1999	Oct. 12, 1999
28	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 11/15/99; The following actions were taken under advisement: [27-1] motion to dismiss. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 11/17/1999)	Nov. 15, 1999	Nov. 15, 1999
29	OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/27/2000)	Jan. 27, 2000	Jan. 27, 2000
30	ORDER granting in part, denying in part [27-1] motion to dismiss certain counts of pltfs' complaint; and setting telephone conference for 11:00 2/7/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/27/2000)	Jan. 27, 2000	Jan. 27, 2000 Clearinghouse
31	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 2/8/00; The following actions were taken, Tele-conference held. Briefing schedule set. Status conference call set for 1:00 2/24/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 02/09/2000)	Feb. 8, 2000	Feb. 8, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 2/8/00. (eh) (Entered: 02/09/2000)	Feb. 8, 2000	Feb. 8, 2000
32	Notice of MOTION FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES or for certification of certain questions for interlocutory appeal by ALL PLAINTIFFS. Motion set for 10:00 3/6/00 on [32-1] motion, set for 10:00 3/6/00 on [32-2] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 02/10/2000)	Feb. 10, 2000	Feb. 10, 2000
34	ORDER mooting [3-1] motion for class certification. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/08/2000)	March 8, 2000	March 8, 2000
35	DECLARATION of CHARLES M. HART on behalf of dfts in opposition Re: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, [32-2] motion for certification of certain questions for interlocutory appeal (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/13/2000)	March 10, 2000	March 10, 2000
36	DECLARATION of RICHARD O'GRADY on behalf of defendants in opposition Re: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, [32-2] motion for certification of certain questions for interlocutory appeal (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/20/2000)	March 20, 2000	March 20, 2000
37	Minute entry: Proceedings NOT recorded; Minutes of: 4/3/00; The following actions were taken under advisement: [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES, and [32-2] motion for certification of certain questions for interlocutory appeal. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 04/04/2000)	April 3, 2000	April 3, 2000
38	INTERIM CONFIDENTIALITY STIPULATION and ORDER. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)	May 11, 2000	May 11, 2000
39	MEMORANDUM OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)	May 11, 2000	May 11, 2000
40	ORDER denying [32-1] motion FOR ENTRY OF OF FINAL JUDGMENT ON DISMISSED CLAIMS AND PARTIES; denying [32-2] motion for certification of certain questions for interlocutory appeal; and setting telephone conference for 1:00 5/17/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/11/2000)	May 11, 2000	May 11, 2000
41	ORDER, resetting answer due for 6/1/00 for ALL DEFENDANTS ; setting discovery schedule ; and setting telephone conference for 1:00 6/5/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 05/18/2000)	May 18, 2000	May 18, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 5/18/00. (eh) Modified on 06/14/2000 (Entered: 05/18/2000)	May 18, 2000	May 18, 2000
43	AMENDED SCHEDULING ORDER setting Teleconference 1:00 6/22/00; setting certain discovery deadlines (signed by Judge Garrett E. Brown, Jr.)(NM) (SA) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 05/26/2000)	May 26, 2000	May 26, 2000
44	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 5/26/00; The following actions were taken, Tele-conference held. Briefing scheule set. Hrn set for 6/22/00 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 05/30/2000)	May 26, 2000	May 26, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 05/26/00. (SA) (Entered: 05/26/2000)	May 26, 2000	May 26, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 5/26/00. (eh) (Entered: 05/30/2000)	May 26, 2000	May 26, 2000
45	ANSWER to Complaint by defendants. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 06/02/2000)	June 1, 2000	June 1, 2000
46	DECLARATION of RICHARD O'GRADY on behalf of dfts. in opposition to [42-1] motion to modify interim confidentiality order (femp) (Entered: 06/06/2000)	June 5, 2000	June 5, 2000
47	Notice of MOTION to strike as surplusage certain portions of [1-1] complaint by DEFENDANTS. Motion set for 10:00 7/17/00 on [47-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/06/2000)	June 6, 2000	June 6, 2000
48	ORDER, setting telephone conference for 1:00 6/22/00 ; extending time to repsond to [42-1] motion to modify the interim confidientiality order, and directing said motion will be considered on the papers. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/13/2000)	June 13, 2000	June 13, 2000
49	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 6/19/00; The following actions were taken, set scheduling conference for 1:00 6/29/00. [42-1] motion 7/17/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/21/2000)	June 19, 2000	June 19, 2000
50	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 6/29/00; The following actions were taken, Tele-conference held. , Status conference held. Pltfs' motion to add 2 new pltfs; to modify class action; modify interim confidentiality order. Motions ret'ble 7/17/00. Telephone conference set for 9:00 7/5/00. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 06/29/2000)	June 29, 2000	June 29, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 6/29/00. (eh) (Entered: 06/29/2000)	June 29, 2000	June 29, 2000
51	Notice of MOTION to intervene by SHARON K. Motion set for 10:00 9/5/00 on [51-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/10/2000)	July 6, 2000	July 6, 2000
52	Notice of MOTION to substitute two next friends by pltfs. Motion set for 10:00 9/5/00 on [52-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/10/2000)	July 6, 2000	July 6, 2000
53	CERTIFICATE OF SERVICE of Dfts's Reply Brief. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/11/2000)	July 11, 2000	July 11, 2000
54	TRANSCRIPT of telephone cnf taken on 7/5/00. (eh) Additional attachment(s) added on 6/26/2006 (mc, ). (Entered: 07/14/2000)	July 14, 2000	July 14, 2000
55	Minute entry: Proceedings NOT recorded; Minutes of: 7/17/00; The following actions were taken under advisement: [42-1] motion to modify interim confidentiality order. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/17/2000)	July 17, 2000	July 17, 2000
56	CORRECTED CERTIFICATE OF SERVICE by dfts re: opposition to SHARON K.'s motion to intervene. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/24/2000)	July 20, 2000	July 20, 2000
57	DECLARATION of NANCY MCNEIL DRUM on behalf of dfts in opposition Re: [51-1] motion to intervene by SHARON K. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/24/2000)	July 20, 2000	July 20, 2000
58	ORDER denying [42-1] motion to modify interim confidentiality order as to modifications sought by pltfs. in paragraphs 3 and 7 and stating good cause exists for a protective order in this matter (signed by Judge Garrett E. Brown, Jr.)(nm) (ss) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 07/31/2000)	July 31, 2000	July 31, 2000
59	DEFICIENT MOTION filed by pltfs. to withdraw appearance of Shirin Nothenberg, Esq. as pro hac vice attorney . (NO Brief and return date) (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 08/22/2000)	Aug. 21, 2000	Aug. 21, 2000
60	Minute entry: Proceedings NOT recorded; Minutes of: 9/5/00; The following actions were taken under advisement: [51-1] motion to intervene by SHARON K., and [52-1] motion to substitute two next friends. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/05/2000)	Sept. 5, 2000	Sept. 5, 2000
61	MEMORANDUM OPINION (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/18/2000)	Sept. 18, 2000	Sept. 18, 2000
62	ORDER granting in part, denying in part [47-1] motion to strike as surplusage certain portions of [1-1] complaint; granting [51-1] motion to intervene by SHARON K.; granting [52-1] motion to substitute two next friends; denying as moot [33-1] motion to certify class action; denying w/o prejudice as moot dfts' request for depositions; and setting telephone conference for 1:00 10/2/00. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 09/18/2000)	Sept. 18, 2000	Sept. 18, 2000
63	Minute entry: Proceedings recorded: ESR: WRIGHT; Minutes of 10/3/00; This action taken: TELE-STATUS CONF. Telecnf set for 10/18/00 1PM. (By Judge Garrett E. Brown, Jr.) (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/04/2000)	Oct. 3, 2000	Oct. 3, 2000
65	Notice of Second Modified MOTION to certify class action by ALL PLAINTIFFS. Motion set for 10:00 11/6/00 on [65-1] motion . (Brief/PO Subm) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/10/2000)	Oct. 4, 2000	Oct. 4, 2000
64	AMENDED COMPLAINT by ALL PLAINTIFFS; amending [1-1] complaint (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 10/06/2000)	Oct. 6, 2000	Oct. 6, 2000 Clearinghouse
66	ANSWER by defts. to amended complaint (SA) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/18/2000)	Oct. 17, 2000	Oct. 17, 2000
67	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 10/18/00; The following actions were taken, Tele-conference held. Status conference held. Dfts response to be served by 12/6/00. Pltfs reply by 12/20/00, motion ret'ble 1/2/01. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 10/20/2000)	Oct. 18, 2000	Oct. 18, 2000
	Tele-conference held before Judge Garrett E. Brown, Jr. on 10/18/00. (eh) (Entered: 10/20/2000)	Oct. 18, 2000	Oct. 18, 2000
68	CONSENT ORDER granting [52-1] motion to substitute two next friends. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 11/01/2000)	Nov. 1, 2000	Nov. 1, 2000
69	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 11/27/00; The following actions were taken, Tele-conference held. Hrn set for 1/24/01 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 11/28/2000)	Nov. 27, 2000	Nov. 27, 2000
70	DECLARATION of NANCY MCNEIL on behalf of dfts in opposition Re: [65-1] motion to certify class action (SEALED) (eh) (Entered: 12/13/2000)	Dec. 13, 2000	Dec. 13, 2000
71	CERTIFICATE OF SERVICE by dfts re: opposition to [65-1] motion. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 12/14/2000)	Dec. 14, 2000	Dec. 14, 2000
72	CERTIFICATION of MARCIA ROBINSON LOWRY on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 01/09/2001)	Jan. 9, 2001	Jan. 9, 2001
73	CERTIFICATION of SUSAN LAMBIASE on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 01/09/2001)	Jan. 9, 2001	Jan. 9, 2001
74	CERTIFICATION of ERIC THOMPSON on behalf of pltfs in support Re: [65-1] motion to certify class action. (filed 1/8/1) (eh) (Entered: 01/09/2001)	Jan. 9, 2001	Jan. 9, 2001
75	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 1/19/1; The following actions were taken, Tele-conference held. Hrn adj to 1/31/1 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 01/22/2001)	Jan. 19, 2001	Jan. 19, 2001
	Tele-conference held before Judge Garrett E. Brown, Jr. on 1/19/1. (eh) (Entered: 01/22/2001)	Jan. 19, 2001	Jan. 19, 2001
76	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 2/1/1; The following actions were taken under advisement: [65-1] motion to certify class action. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 02/02/2001)	Feb. 1, 2001	Feb. 1, 2001
77	CERTIFICATION of DONALD ANDERSON on behalf of pltfs in support RE: appl for OTSC. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/07/2001)	March 7, 2001	March 7, 2001
78	CERTIFICATION of RACHEL MERRILL on behalf of pltfs in support RE: appl for OTSC. (eh) Additional attachment(s) added on 6/23/2006 (mc, ). (Entered: 03/07/2001)	March 7, 2001	March 7, 2001
79	AFFIDAVIT of IRA SCHWARTZ on behalf of pltfs in support RE: appl for OTSC. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/07/2001)	March 7, 2001	March 7, 2001
80	CERTIFICATION of REGINALD JONES on behalf of pltfs in support RE: appl for OTSC. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/07/2001)	March 7, 2001	March 7, 2001
81	ORDER TO SHOW CAUSE: Directing dfts Show Cause on 3/14/01 at 8:30am & 1pm why a preliminary injunction should not be entered; and setting certain response schedule. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) (Entered: 03/09/2001)	March 9, 2001	March 9, 2001
82	TRANSCRIPT of motion for TRO on 3/7/1 (eh) (Entered: 03/09/2001)	March 9, 2001	March 9, 2001
83	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 3/14/1; The following actions were taken, hrn re: OTSC. Adj to 3/16/1. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/15/2001)	March 14, 2001	March 14, 2001
84	TRANSCRIPT of hrn on 3/14/1. (eh) (Entered: 03/16/2001)	March 16, 2001	March 16, 2001
86	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 3/16/1; The following actions were taken, hrn re: OTSC. Adj to 3/20/1 at 1pm. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/19/2001)	March 16, 2001	March 16, 2001
85	TRANSCRIPT of motion heard on 2/1/1. (eh) (Entered: 03/19/2001)	March 19, 2001	March 19, 2001
87	TRANSCRIPT of motion hrn on 3/16/1. (eh) (Entered: 03/21/2001)	March 20, 2001	March 20, 2001
90	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 3/20/1; The following actions were taken, cont hrn re: OTSC. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/22/2001)	March 20, 2001	March 20, 2001
88	TRANSCRIPT of hrn on 3/20/1. (eh) (Entered: 03/21/2001)	March 21, 2001	March 21, 2001
89	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 3/21/1; The following actions were taken, continued hrn re: OTSC. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/22/2001)	March 21, 2001	March 21, 2001
91	TRANSCRIPT of Proceedings taken on 3/21/1 (eh) (Entered: 03/22/2001)	March 22, 2001	March 22, 2001
92	Minute entry: Proceedings recorded by ESR: WRIGHT; Minutes of: 3/22/1; The following actions were taken, cont hrn re: OTSC. By Judge Garrett E. Brown, Jr. (eh) Additional attachment(s) added on 6/22/2006 (mc, ). (Entered: 03/23/2001)	March 22, 2001	March 22, 2001
93	TRANSCRIPT of Trial taken on 03/22/01 (SA) (Entered: 03/26/2001)	March 26, 2001	March 26, 2001
94	TRANSCRIPT of Trial taken on 03/26/01 (SA) (Entered: 03/27/2001)	March 27, 2001	March 27, 2001