Case: Brian A. v. Haslam

Brian A. v. Bredesen

Brian A. v. Sundquist

Brian A. v. Sundquist

Brian A. v. Sundquist

Brian A. v. Sundquist

Brian A. v. Bredesen

Brian v. Bredesen

Brian v. Bredesen

Brian v. Bredesen

Brian v. Bredesen

The Center for State Child Welfare Data

Children's Rights

CLASS ACTION COMPLAINT (Summons(es) issued); Filing fee paid in the amount of : $150 Receipt # 74028 (af) (Entered: 05/11/2000)

CERTIFICATE of Good Standing of Marcia Lowry from the SD of NY filed by pltfs (af) (Entered: 05/11/2000)

CERTIFICATE of Good Standing of Ira P. Lustbader from the SD of NY filed by pltfs (af) (Entered: 05/11/2000)

MOTION by pltfs for class certification (af) (Entered: 05/11/2000)

MEMORANDUM OF LAW by pltfs in support of motion for class certification [4-1] (af) (Entered: 05/11/2000)

NOTICE of Initial Case Management Conference Case referred to Magistrate Judge Juliet E. Griffin, ; Case Management Conference set for 4:00 p.m. on 6/19/00 (af) (Entered: 05/11/2000)

ORDER by Judge Todd J. Campbell: case is being referred to the Magistrate Judge for customized case management. The stay of discovery imposed is vacated. The time for a party to respond to any pending discovery request shall run from the date the party is served w/ this order. Pltf shall promptly serve a copy of this order on defts. Upon completion of the initial case management conference, the CMO entered by the Magistrate Judge shall include a target trial date. Magistrate Judge shall promptly forward the CMO to the District Judge. Absent good cause the case shall be set for trial by order of the District Judge. EOD 5/12/00 (cc: all counsel) (dlt) Modified on 05/17/2000 (Entered: 05/12/2000)

ORDER by Magistrate Judge Juliet E. Griffin Order of recusal and reassigned to Magistrate Judge Joe B. Brown. In consultation w/ Judge Brown, the ICMC, scheduled for 6/19/00 at 4:00 p.m., central time, remains scheduled, unless otherwise ordered by Judge Brown. Pltfs' counsel shall serve a copy of this order upon the defts or their counsel. EOD 5/15/00 (cc: all counsel) (dlt) (Entered: 05/15/2000)

RETURN OF SERVICE executed upon deft George W. Hattaway by serving Michelle L. Richardson on 5/10/00. (dlt) (Entered: 05/16/2000)

RETURN OF SERVICE executed upon deft Donald Sundquist by serving Paul Summers in officail capacity only on 5/10/00. (dlt) (Entered: 05/16/2000)

ATTORNEY APPEARANCE for defts by Douglas E. Dimond per signature on an Agreed Order to reschedule ICMC and to extend the time for defts to answer. (dlt)

PROPOSED Agreed Order to reschedule the ICMC for 7/6/00 at 1:30 and to extend the time for the defts to answer until 7/31/00. (dlt)

ORDER by Magistrate Judge Joe B. Brown Case Management Conference reset for 1:30 on 7/6/00. Defts' time to answer or respond to pltfs' complaint shall be extended until 7/31/00. EOD 6/7/00 (cc: all counsel) (dlt) (Entered: 06/07/2000)

DEFTS' PROPOSED Case Management Plan (dlt)

JOINT PROPOSED Case Management Plan (dlt)

PROPOSED Initial Case Management Order (dlt)

JOINT CASE MANAGEMENT PLAN AND ORDER by Magistrate Judge Joe B. Brown: Plan will be field. Case management order w/ target trial date will be filed by 7/14/00. EOD 7/7/00 (cc: all counsel) (dlt) (Entered: 07/07/2000)

NOTICE by pltfs of taking deposition of Tennessee Department of Children's Services on 7/24/00 and 8/21/00. (dlt) (Entered: 07/13/2000)

MOTION by defts to stay discovery. (dlt) (Entered: 07/14/2000)

MEMORANDUM of Law by defts in support of motion to stay discovery. [14-1] (dlt) (Entered: 07/14/2000)

PROPOSED Initial Case Management Order (dlt)

RESPONSE by pltfs to motion to stay discovery. [14-1] (dlt) (Entered: 07/18/2000)

REPLY by defts to response to motion to stay discovery. [14-1] (dlt) (Entered: 07/19/2000)

RESPONSE by defts to motion for class certification [4-1]. (dlt) (Entered: 08/01/2000)

MOTION by defts to dismiss. (dlt) (Entered: 08/01/2000)

MEMORANDUM by defts in support of motion to dismiss. [19-1] (dlt) (Entered: 08/01/2000)

CERTIFICATE of Good Standing filed by pltfs for Jeffrey Powell from the USDC SD/NY. (dlt) (Entered: 08/02/2000)

MOTION by pltfs for a protective order re: governing the confidentiality of the case files of the eight named pltfs to be produced by defts on 8/10/00. (dlt) (Entered: 08/02/2000)

MEMORANDUM of Law by pltfs in support of motion for a protective order [22-1]. (w/ attached exhibits 1-2) (dlt) (Entered: 08/02/2000)

AFFIRMATION by pltfs of Ira P. Lustbader in support of pltfs' mtn for a protective order [22-1]. (dlt) (Entered: 08/02/2000)

PROPOSED Agreed Protective Order (dlt)

AGREED PROTECTIVE ORDER by Magistrate Judge Joe B. Brown: Confidentiality of any individually-identifying information in the case files pertaining to the eight named pltfs. Terming pltf's protective order [22-1]. EOD 8/8/00 (cc: all counsel) (dlt) (Entered: 08/08/2000)

ORDER and Memorandum by Magistrate Judge Joe B. Brown denying motion to stay discovery [14-1] for reasons set out in order. EOD 8/17/00 (cc: all counsel) (dlt) (Entered: 08/17/2000)

INITIAL CASE MANAGEMENT ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 7/6/00. Pltf shall have until 8/21/00 to reply to deft's mtn for class certification[4-1]. Pltf's shall have until 8/21/00 to file a response to motion to dismiss. Discovery shall be stayed pending disposition of a mtn to dismiss. [19-1] EOD 8/18/00 (cc: all counsel) (dlt) (Entered: 08/18/2000)

REPLY by pltfs to response to motion for class certification [4-1]. (w/ attached exhibits 1-3) (dlt) (Entered: 08/22/2000)

RESPONSE by pltfs to motion to dismiss [19-1]. (w/ attached exhibits 1-2) (dlt) (Entered: 08/22/2000)

LETTER from pltfs requesting a conference call regarding scheduling of depositions. (dlt) (Entered: 08/28/2000)

OBJECTIONS by defts to order denying the mtn to stay discovery. [26-1] (dlt) (Entered: 08/31/2000)

MEMORANDUM of Law by deft in support of objection [31-1] (dlt) (Entered: 08/31/2000)

ORDER by Magistrate Judge Joe B. Brown: CMC held at the request of the pltfs' attorney on 8/31/00. Magistrate Judge appreciates the fact that the parties are tentatively scheduling depositions so that in the event the Magistrate Judge's ruling is not overturned the matter can proceed promptly. Magistrate Judge sees no reason to interject the Court into the production of documents at this time. If the parties have a serious disagreement over the matter, they are reminded of the requirement to contact the Magistrate Judge for a further telephone conference before filing formal objections. EOD 9/1/00 (cc: all counsel) (dlt) (Entered: 09/01/2000)

REPLY by defts to response to motion to dismiss. [19-1] (dlt) (Entered: 09/05/2000)

RESPONSE by pltfs to objection to the Magistrate Judge's Order denying mtn to stay discovery [31-1]. (dlt) (Entered: 09/13/2000)

MOTION by deft Donald Sundquist & deft George W. Hattaway to stay discovery pending decision of appeal (tlc) (Entered: 09/19/2000)

MEMORANDUM by deft Donald Sundquist & deft George W. Hattaway in support of motion to stay discovery pending decision of appeal [36-1] (tlc) (Entered: 09/19/2000)

ORDER by Judge Todd J. Campbell: Pending is deft's ntc of objections [31-1] to Magistrate Judge's order denying defts' mtn to stay discovery [26-1]. Defts' mtn for review is denied. The order of the Magistrate Judge [26-1] is affirmed. EOD 9/19/00 (cc: all counsel) (gi) (Entered: 09/19/2000)

ORDER by Magistrate Judge Joe B. Brown: Brief telephone conference held on 9/21/00. Denying motion to stay discovery pending decision of appeal [36-1] as moot inasmuch as the District Court has now ruled on that matter. Clerk is directed to return this file to Judge Campbell where various dispositive mtns are pending. EOD 9/22/00 (cc: all counsel) (dlt) (Entered: 09/22/2000)

AGREED ORDER by Magistrate Judge Joe B. Brown: Telephone conference set for 3:30 on 10/23/00 w/ regard to discovery issues. EOD 10/24/00 (cc: all counsel) (dlt) (Entered: 10/24/2000)

ORDER by Magistrate Judge Joe B. Brown: Case Management conference held 10/23/00 . Clerk is directed to file letter from pltf and respon by Attorney General as the next docket entries. AG is directed to advise that contract agency that unless the files are produced in sufficient time for the AG to furnish them to the pltf by 11/7/00. Contract agency should file their objections by 11/1/00. AG is directed by 11/7/00 to advise the pltfs whether there are documents in these files which are not contained in the files that are being produced. Privilege log should be file by 11/7/00. Computerized files should be produced by 11/1/00. Pltfs are directed to furnish by 11/1/00 a letter to the defts stating in general terms what they seek to understand and furnishing documents they wish to learn more about. EOD 10/25/00 (cc: all counsel) (dlt) (Entered: 10/25/2000)

LETTER from pltfs to the Court re: discovery issues. (w/ attached exhibits 1-2) (dlt) (Entered: 10/25/2000)

LETTER from defts to the Court re: the clarification of deft's position on the discovery issues. (w/ attachments) (dlt) Modified on 10/25/2000 (Entered: 10/25/2000)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 10/26/00 (dlt) (Entered: 10/26/2000)

ORDER by Judge Todd J. Campbell: For reasons state in the accompanying Memorandum, granting in part and denying in part defts' motion to dismiss [19-1]. Pltfs' Americans w/ Disabilities Act claims are dismissed. EOD 10/26/00 (cc: all counsel) (dlt) (Entered: 10/26/2000)

ORDER by Magistrate Judge Joe B. Brown: Telephone conference set for 10:00 on 11/13/00 to be initiated by counsel for the pltf. EOD 10/31/00 (cc: all counsel) (dlt) (Entered: 10/31/2000)

ORDER by Magistrate Judge Joe B. Brown: Telephone conference reset for 3:00 p.m. on 11/15/00, to be initiated by Mr. Lustbader. EOD 11/7/00 (cc: all counsel) (dlt) Modified on 11/07/2000 (Entered: 11/07/2000)

NOTICE by defts of Privilege Log pursuant to Fed. R. Civ. P. 26(b)(5) and the order of the Magistrate Judge, the defts assert that the following records from the Department of Children's Services legal files pertaining to the 8 named pltfs are privileged as work product and/or attorney-client communications. (dlt) (Entered: 11/08/2000)

CLERK'S RESUME: Case management conference held on 11/15/00 . Order to enter. C/R : Taped No. 406 MB (dlt) (Entered: 11/17/2000)

NOTICE by defts of filing Mediation Proposal (dlt) Modified on 11/17/2000 (Entered: 11/17/2000)

ORDER by Magistrate Judge Joe B. Brown: Case management conference held on 11/15/00. Parties discussed w/ the Magistrate Judge the state's mediation proposal which was filed w/ the Court during the hearing. Parties have requested additional time to consider the mediation proposal. A further case management conference set for 1:00 p.m on 11/28/00. EOD 11/17/00 (cc: all counsel) (dlt) (Entered: 11/17/2000)

PROPOSED Order to refer case to mediation and schedule limited discovery. (dlt)

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 11/28/00 . Pltfs will provide the defts a request for production of documents by 12/5/00; defts will provide to the pltfs a copy of DCS policy manuals on 12/8/00; by 12/22/00, deft will provide to the pltfs documents requested on 12/5/00. On 12/8/00, parties will exchange names and resumes of 3 or more potential mediators; by 12/22/00 the Court will select a mediator, if parties can not agree; by 1/5/01, each party shall submit to the mediator and to the other party an outline of a proposed settlement agreement. On 2/2/01, mediator will provide a status report to the Court. EOD 12/7/00 (xc: Clerk of Court) (cc: all counsel) (dlt) (Entered: 12/07/2000)

TRANSCRIPT filed of Case Management Conference on 11/28/00 before Magistrate Judge Brown. CR: Cindi Kellam. (dlt) (Entered: 12/08/2000)

NOTICE by defts of filing for the Court's consideration their nominated mediators. (dlt) (Entered: 12/15/2000)

LETTER from pltfs re: mediation. (w/ attachments) (dlt) (Entered: 12/26/2000)

ORDER by Magistrate Judge Joe B. Brown: Telephone conference held on 12/21/00. Magistrate Judge selects Mr. Paul W. DeMuro, 82nd Essex Ave, Montclair, NJ 07042 as the mediator in this matter. Clerk is directed to furnish Mr. DeMuro DE Nos. 1,5,22,23,25-27,33,38-45,51,52, a copy of the docket sheet, and this order. Parties are directed to consult w/ Mr. DeMuro as soon as practical to begin the mediation process, in accordance w/ the schedule set out in DE# 52. EOD 12/26/00 (cc: all counsel, mediator) (dlt) (Entered: 12/26/2000)

ORDER by Magistrate Judge Joe B. Brown: Mag. Judge fully agrees at this point w/ Mr. DeMuro's report of 2/1/01, which will be filed under seal w/ an appropriate docket number. Mag. Judge directs that the mediator proceed as set forth w/ mediations scheduled from 2/6/01 through 3/9/01. Informall status conference w/ the parties and mediator following the conclusion of the meeting on 3/9/01. EOD 2/7/01 (cc: all counsel) (dlt) Modified on 06/28/2001 (Entered: 02/07/2001)

LETTER from Paul DeMuro re: mediation report filed under seal. (dlt) (Entered: 02/07/2001)

ORDER by Judge Todd J. Campbell: Parties to this action are participating in mediation of their disputes. Denying pltfs' motion for class certification [4-1] w/o prejudice to its being refiled at the conclusion of the mediation process. EOD 3/1/01 (cc: all counsel) (dlt) (Entered: 03/01/2001)

ORDER by Magistrate Judge Joe B. Brown: Parties are directed to continue mediation through 4/4/01. Case Management Conference set for 2:00 p.m. on 4/5/01 . Mr. DeMuro is requested to provide the Court w/ a progress report by the close of business on 3/31/01. EOD 3/15/01 (cc: all counsel) (dlt) (Entered: 03/15/2001)

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 4/5/01 . Mediation will continue through 4/30/01. All stays on discovery will be lifted as of 5/1/01 and the following scheduling order shall apply. Discovery ddl set for 3/22/02; dispositive mtn filing ddl set for 4/19/02 . EOD 4/9/01 (cc: all counsel) (dlt) (Entered: 04/09/2001)

JOINT MOTION for preliminary approval of settlement agreement and for order directing distribution of legal ntc of proposed settlement agreement and related matters . (dlt) (Entered: 05/17/2001)

MEMORANDUM in support of joint motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2]. (w/ att'd exhibits A & B) (dlt) (Entered: 05/17/2001)

ORDER by Judge Todd J. Campbell: Joint motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2] is set for hearing at 10:00 a.m. on 5/23/01. Clerk shall post this Order, and the proposed settlement documents, on the Court's website. EOD 5/18/01 (cc: all counsel) (dlt) Modified on 05/18/2001 (Entered: 05/18/2001)

CLERK'S RESUME: Hearing on motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2] held on 5/23/01. Order to enter C/R : Jim Spence (dlt) (Entered: 05/23/2001)

ORDER by Judge Todd J. Campbell: Court held a hearing on 5/23/01, to consider the Joint Mtn for Prelimiary Approval of Settlement Agreement [62-1][62-2]. Counsel for the parties shall submit by 5/30/01 authorities and the revised ntc and order. If the Revised Order is signed and entered, the Court will hold a fairness hearing on the Settlement Agreement on 7/20/01 at 9:00 a.m. EOD 5/23/01 (cc: all counsel) (dlt) (Entered: 05/23/2001)

LETTER from pltfs re: legal authority in support of the inclusion of future foster children in the class to be certified for the purposes of the Settlement Agreement reached in this matter. (dlt) (Entered: 05/30/2001)

PROPOSED Order directing distribution of legal ntc of proposed settlement agreement and related matters. (w/ att'd proposed settlement agreement) (dlt)

TRANSCRIPT filed of proceedings-hearing before Judge Campbell on 5/23/01. C/R: James Spence (dlt) (Entered: 05/31/2001)

ORDER by Judge Todd J. Campbell granting motion for preliminary approval of settlement agreement [62-1], and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2]. Ddl for the receipt of objections &/or comments regarding the proposed settlement agreement shall be 12:00 p.m. on 6/25/01. Fairness hearing set for 9:00 a.m. on 7/20/01 . More details w/in the order. EOD 5/31/01 (cc: all counsel) (dlt) (Entered: 05/31/2001)

ORDER by Judge Todd J. Campbell: Legal Notice of Settlement Agreement, details w/in the order. EOD 5/31/01 (cc: all counsel) (dlt) (Entered: 05/31/2001)

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/5/01 filed by Rebecca Moore. The Clerk is directed to file the letter as part of the record in this case. The Clerk is further directed to furnish counsel w/ a copy of the letter and this Order. EOD 6/8/01 (cc: all counsel) (dlt) (Entered: 06/08/2001)

LETTER from Rebecca Moore to the Court re: Department of Children Services practice and procedures regarding her family. (w/ attachment) (dlt) (Entered: 06/08/2001)

MAIL Returned [71-1], [72-1] addressed to Marcia Robinson Lowry attorney for pltf; envelope marked not deliverable as addressed unable to forward, return to sender. (dlt) (Entered: 06/19/2001)

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/10/01 filed by Margie Sue Pruitt. Clerk is directed to file the letter as part of the record int his case. Clerk is further directed to furnish counsel w/ a copy of the letter and this Order. EOD 6/21/01 (cc: all counsel) (dlt) (Entered: 06/21/2001)

LETTER by Margie Sue Pruitt to the Court re: Department of Children Services. (dlt) (Entered: 06/21/2001)

LETTER from Arthur S. Masker to the Court re: settlement agreement in this case. (dlt) (Entered: 06/22/2001)

LETTER from Denzel M. Chapman to the Court re: settlement hearing. (dlt) (Entered: 06/22/2001)

LETTER from Larry J. Rose re: settlement hearing. (dlt) (Entered: 06/22/2001)

LETTER (copy) from Kimisha Edwards re: her custody of the state. (letter forwarded from attorney Doug Dimond) (dlt) Modified on 06/26/2001 (Entered: 06/26/2001)

LETTER from Meri Dickerson re: Settlement agreement and her custody battle. (dlt) (Entered: 06/26/2001)

LETTER from Meri Dickerson to the Court re: Settlement Agreement and the civil rights of children being violated. (dlt) (Entered: 06/26/2001)

NOTICE by Ira P. Lustbader, attorney for pltfs, of filing an original and one copy of 2 handwritten letters from a child in DCS custody in foster care, in response to the Ntc published concerning Brian A. Settlement Agreement. (w/ att'd copy of letter) (dlt) (Entered: 06/26/2001)

LETTER from Kimisha Edwards re: Settlement Agreement and the violation of her rights. (dlt) (Entered: 06/26/2001)

OBJECTIONS to Settlement Agreement by T.D. (dlt) (Entered: 06/26/2001)

LETTER from David Howard to the Court re: settlement agreement. (dlt) (Entered: 06/26/2001)

ORDER by Judge Todd J. Campbell: Court is in receipt of the following filing: [85-1], [83-1], [82-1], [81-1], [80-1], [79-1], [78-1], [77-1], and [76-1]. Clerk is directed to furnish w/ a copy of the filings and this Order. (cc: all counsel, sent copies of letters to attorneys of record) (dlt) (Entered: 06/28/2001)

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/26/01 from Ira P. Lustbader attaching 2 separate letters from Meri Dickerson and a letter from Ann Moore. Clerk is directed to file the letter and attachments as part of the record in this case. Clerk is further directed to furnish counsel w/ a copy of the letter, the attachments and this Order. EOD 6/28/01 (cc: all counsel) (dlt) (Entered: 06/28/2001)

LETTER from Ira P. Lustbader attorney for pltfs re: Enclosed please find the originals of 2 separate letters from Meri Dickerson and one from Ann Moore, received by my office 6/25/01 in response to the ntc published concerning the Brian A. Settlement Agreement. (w/ att'd letters) (dlt) (Entered: 06/28/2001)

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/28/01 from Arthur S. Masker and a letter dated 6/28/01 from Mary Ann Stackhouse. Clerk is directed to file the letters as part of the record in this case. Clerk is further directed to furnish counsel w/ a copy of the letters and this Order. EOD 7/9/01 (cc: all counsel) (dlt) (Entered: 07/09/2001)

LETTER from Mary Ann Stackhouse re: proposed settlement agreement. (dlt) (Entered: 07/09/2001)

LETTER from Arthur S. Masker re: proposed settlement agreement. (dlt) (Entered: 07/09/2001)