Case: Baby Neal v. Casey

2:90-cv-02343 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 4, 1990

Closed Date: 2001

Clearinghouse coding complete

Case Summary

This class action involving neglected and abused children placed in Philadelphia's foster care system was filed on April 4, 1990, in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). The plaintiffs, represented by private counsel and Children's Rights, Inc. and American Civil Liberties Union, sought class action certification as well as declaratory and injunctive relief against the Governor of Pennsylvania, Department of Public Welfare, President Judge of County Court of Common Pleas, Mayor of Philadelphia, and Department of Human Services, claiming that the defendants responsible for the operation and administration of DHS failed to comply with statutory and constitutional requirements that protect and serve children in the child welfare system. The plaintiffs alleged that the state violated their rights under the Adoption Assistance and Child Welfare Act of 1980, the Child Abuse Prevention and Treatment Act, the First, Ninth, and Fourteenth Amendments, and state law.

Specifically, the plaintiffs alleged that systematic deficiencies prevented DHS from: providing protective service investigations; monitoring and supervising children in state custody; providing safe and secure foster care placements; providing written case plans; providing necessary medical, psychiatric, psychological, and educational services; and planning for the return of children to their families or planning to find alternative permanent placements for the children. These deficiencies were, they said, caused by insufficient number of trained caseworkers; insufficient number of medical, psychiatric, psychological, and educational service providers; insufficient number of trained foster parents; insufficient number of placements for children who need more structured environments than foster homes; insufficient number of potential adoptive parents; and inadequate policies and procedures.

On January 6, 1992, the plaintiff's class certification was denied by the district court. In addition, the court stated that the plaintiffs failed to establish that the Next Friends were acting with "a good faith interest" in the children's welfare. The plaintiffs filed a Motion for Reconsideration for class certification and, in the alternative, a Motion to Certify Subclasses on March 20, 1992. The Motion for Reconsideration was denied and the court noted that it could not rule on the Motion to Certify Subclasses at the time. However, the court did grant the plaintiffs' Motion for Substitution of New Next Friends. 1992 WL 58311.

On April 13, 1993, the defendants filed for summary judgment, and the district court partially ruled in their favor. The district court ruled that individuals are not granted a private right of enforcement under the Adoption Assistance and Child Welfare Act of 1980 or the Child Abuse Prevention and Treatment Act. The district court also granted defendant's motion for summary judgment regarding the plaintiffs' claims that their constitutional right to a relationship free from unwarranted governmental interference has been violated and claims that the plaintiffs have a constitutional right to the least restrictive placement. The defendants' motion for summary judgment regarding the Rehabilitation Act, the Disabilities Act, the Equal Protection Clause, and the Procedural Due Process Clause were denied. 821 F.Supp. 320.

In May of 1993, the plaintiffs renewed their Motion of Certification for Subclasses. On October 13, 1993, the district court denied the Motion. The court opined that the injunction plaintiffs sought, which consisted of addressing "specific case-by-case deficiencies" of DHS, was not "appropriate" under Fed. R. Civ. P. 23(b)(2). 151 F.R.D. 282 (E.D. Pa. 1993). While the motion was pending, fourteen children intervened (the Third Circuit later noted that this constituted a demonstration that "children in DHS's custody and care continued to be harmed by DHS's failure to provide legally mandated child welfare services." 43 F.3d 48 (3rd Cir. 1994).)

The plaintiffs again sought reconsideration; however, the district court denied the motion and "forbade" the plaintiffs from pursuing further class certification motions. The case was scheduled for trial, but, by 1994, most of the individual service needs of the plaintiffs were met or resolved, and the parties settled the remaining claims, while preserving the plaintiffs' right to appeal class certification denial.

After being denied class and sub-class certification many times, the plaintiffs appealed to the Third Circuit. The Third Circuit reversed the district court's ruling and remanded the case, stating that the plaintiffs satisfied all requirements under Rule 23 and that forcing DHS to comply with state and constitutional mandates would constitute relief applicable to the entire class. The fact that the plaintiffs sought only injunctive and declaratory relief, rather than damages, also enhanced the "appropriateness" of class certification. In addition, the Third Circuit opined that the district court abused its discretion by denying the class certification. 43 F.3d 48 (3rd Cir. 1994).

On December 7, 1995, the plaintiffs filed for a Motion of Reconsideration regarding the district court's April 13, 1993 Order, which granted in part the defendant's motion for summary judgment. The plaintiffs sought reinstatement of their claims under the Adoption Assistance and Child Welfare Act of 1980 and the Child Abuse Prevention and Treatment Act. The district court denied the Motion, stating that the Motion was untimely and baseless. 1995 WL 728589.

According to the docket sheet, the plaintiffs and city defendants filed a joint motion for preliminary approval of the settlement agreement on October 5, 1998, and the court granted preliminary approval the following November. The remaining defendants also reached settlement agreements with the plaintiffs. From mid-November of 1998 to September of 2001, the court approved all settlement agreements between plaintiffs and defendants.


2:90-cv-02343	Docket	July 1, 2005	July 1, 2005 Docket
116 2:90-cv-02343	Opinion	March 20, 1992	March 20, 1992 Order/Opinion 1992 WL 58311
176 2:90-cv-02343	Opinion	April 13, 1993	April 13, 1993 Order/Opinion 821 F.Supp. 320
188 2:90-cv-02343	Opinion Neal v. Casey	Oct. 13, 1993	Oct. 13, 1993 Order/Opinion 151 F.R.D. 282
94-01381	Opinion U.S. Court of Appeals for the Third Circuit	Dec. 15, 1994	Dec. 15, 1994 Order/Opinion 43 F.3d 48
230 2:90-cv-02343	Opinion Neal v. Ridge	Dec. 7, 1995	Dec. 7, 1995 Order/Opinion 1995 WL 728589

Title	Description		External URL Date / External URL
Baby Neal v. Casey	In April 1990, plaintiffs filed this suit in federal district court against the Commonwealth of Pennsylvania, Philadelphia’s Department of Human Services (DHS) and the Presiding Judge of Philadelphia…	Feb. 1, 2001	Feb. 1, 2001 https://web.archive.org/...
Casenote, "Can You Hear Me?" The United States Court of Appeals for the Third Circuit Addresses the Systemic Deficiencies of the Philadelphia Child Welfare System in Baby Neal v. Casey Scott J. Preston		June 1996	June 1, 1996
Baby Neal v. Casey Juvenile Law Center	On April 4, 1990, 16 youth in the custody of the City of Philadelphia’s Department of Human Services (DHS) sued the Pennsylvania Department of Public Welfare, among others, alleging that the City’s c…	May 9, 1994	May 9, 1994 https://jlc.org/...

ECF Number	Date	Description	Link
1	April 4, 1990	Complaint. filing fee $ 120 receipt # 293452 (fe) (Entered: 09/05/1990)	PACER
2	April 4, 1990	PLFFS' COUNSEL'S MOTION FOR ADMISSION OF MARCIA LOWRY PRO HAC VICE , AFFIDAVIT. (fe) (Entered: 09/05/1990)	PACER
3	April 4, 1990	PLFFS' COUNSEL'S MOTION FOR ADMISSION OF ROBIN DAHLBERG PRO HAC VICE , AFFIDAVIT. (fe) (Entered: 09/05/1990)	PACER
4	April 4, 1990	PLFFS' MOTION FOR CERTIFICATION OF CLASS ACTION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)	PACER
5	April 4, 1990	MOTION AND ORDER APPOINTING GEORGE SAULINO TO SERVE SUMMONS AND COMPLAINT UPON DEFTS ( SIGNED BY JUDGE JOSEPH S. LORD III ) 4/4/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)	PACER
	April 4, 1990	Summons(es) exit − Given to: counsel 4/4/90 (fe) (Entered: 09/05/1990)	PACER
6	April 9, 1990	Affidavit of Service of GEORGE SAULINO re: certain facts. (fe) (Entered: 09/05/1990)	PACER
7	April 12, 1990	ORDER REASSIGNING FROM THE CALENDAR OF THE HONORABLE JUDGE JOSEPH S. LORD III TO THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 4/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)	PACER
9	April 23, 1990	DEFT HONORABLE EDWARD J. BRADLEY'S MOTION TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)	PACER
10	April 26, 1990	PLFFS' UNCONTESTED MOTION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF DEFT HONORABLE BRADLEY , CERTIFICATION, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)	PACER
	April 30, 1990	ORDER THAT TIME WITHIN WHICH PLFFS SHALL RESPOND TO [9−1] MOTION TO DISMISS OF DEFT HONORABLE EDWARD J. BRADLEY IS EXTENDED TO 5/31/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 4/30/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)	PACER
11	May 1, 1990	STIPULATION AND ORDER THAT THE TIME FOR DEFTS GOV. CASEY AND SECRETARY WHITE TO ANSWER IS EXTENDED UNTIL 5/24/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 5/2/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)	PACER
	May 1, 1990	THERE IS NO PAPER #12 OR #13 FILED IN THIS CASE. (fe) (Entered: 09/10/1990)	PACER
14	May 14, 1990	ORDER VACATING [8−1] ORDER REASSIGNING FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO THE CALENDAR OF THE HONORABLE JUDGE ROBERT F. KELLY . ; ORDER THAT CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO CALENDAR OF THE HONORABLE JUDGE RAYMOND J. BRODERICK . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 5/14/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
15	May 23, 1990	MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS MEMORANDUM, CERTIFICATE OF SERVICE (Complaint attached). (fe) (Entered: 09/10/1990)	PACER
16	May 30, 1990	ORDER VACATING [14−1] ORDER REASSIGNING CASE FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO THE CALENDAR OF THE HONORABLE JUDGE RAYMOND J. BRODERICK ; FURTHER ORDERED CASE IS RESTORED TO THE CALENDAR OF THE HONORABLE ROBERT F. KELLY. ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 5/31/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
17	May 31, 1990	Plffs' answer to [9−1] MOTION TO DISMISS (fe) (Entered: 09/10/1990)	PACER
18	June 1, 1990	STIPULATION AND ORDER THAT TIME DEFTS HAVE TO ANSWER IS EXTENDED UNTIL 6/4/90 . ( SIGNED BY JUDGE ROBERT F. KELLY ) 6/1/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
19	June 22, 1990	Plffs' Memorandum in opposition to [15−1] MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS (fe) (Entered: 09/10/1990)	PACER
20	June 25, 1990	MOTION OF GOVERNOR CASEY &SECRETARY WHITE TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS ACTION CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
21	June 25, 1990	MOTION OF GOVERNOR CASEY &SECRETARY WHITE TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
	June 25, 1990	Appendix in support of Motion to Dismiss. (fe) (Entered: 09/10/1990)	PACER
	June 28, 1990	ORDER THAT [9−1] MOTION OF DEFT BRADLEY TO DISMISS IS DENIED ( SIGNED BY JUDGE ROBERT F. KELLY ) 6/29/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
23	July 2, 1990	PLFFS' UNOPPOSED MOTION FOR ONE−WEEK EXTENSION OF TIME TO RESPOND TO DEFTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
24	July 5, 1990	Amended complaint (fe) (Entered: 09/10/1990)	PACER
	July 5, 1990	Amended complaint summons exit (given to counsel 7/6/90) (fe) (Entered: 09/10/1990)	PACER
25	July 10, 1990	Plffs' reply to DEFTS GOVERNOR CASEY &SECRETARY WHITE'S [20−1] MOTION TO STAY OF PLFFS' MOTION FOR CLASS ACTION CERTIFICATION (fe) (Entered: 09/10/1990)	PACER
	July 10, 1990	ORDER THAT [15−1] MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS IS DENIED ( SIGNED BY JUDGE ROBERT F. KELLY ) 7/11/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
	July 10, 1990	ORDER THAT PLFFS' [23−1] MOTION FOR ONE−WEEK EXTENSION IS GRANTED; PLFFS' RESPONSE SHALL BE SERVED ON 7/17/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 7/11/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)	PACER
26	July 16, 1990	PLFFS' MOTION FOR AN ADDITIONAL ONE−WEEK EXTENSION TO RESPOND TO DEFTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
27	July 20, 1990	GOVERNOR CASEY &SECRETARY WHITE'S MOTION FOR LEAVE TO FILE REPLY TO PLFFS' RESPONSE TO MOTION TO DISMISS , AND FOR AN EXTENSION OF TIME TO RESPOND , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
28	July 23, 1990	Withdrawal of appearance of CHARLES S. JOHNS, Esq. and Appearance of A. TAYLOR WILLIAMS for DEFENDANT EDWARD J. BRADLEY, President Judge of Philadelphia Court of Common Pleas. (fe) (Entered: 09/10/1990)	PACER
29	July 25, 1990	Plffs' Memorandum in opposition to Commonwealth Defts' [21−1] MOTION TO DISMISS (fe) (Entered: 09/10/1990)	PACER
30	July 25, 1990	Amended Certificate of service to plffs' memorandum in opposition to Commonwealth defts' motion to dismiss. (fe) (Entered: 09/10/1990)	PACER
31	July 25, 1990	INTERVENORS' MOTION FOR RECONSIDERATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)	PACER
	July 25, 1990	Appendix in support of [29−1] Memorandum in opposition. (fe) (Entered: 09/10/1990)	PACER
32	July 27, 1990	Answer by EDWARD J. BRADLEY (Attorney ) to amended complaint (fe) Modified on 09/18/1990 (Entered: 09/18/1990)	PACER
	July 27, 1990	Crossclaim by DEFENDANT EDWARD J. BRADLEY against DEFENDANT W. WILSON GOODE (fe) Modified on 09/18/1990 (Entered: 09/18/1990)	PACER
33	Aug. 2, 1990	Appearance by RICHARD J. GOLD for DEFENDANT W. WILSON GOODE, DEFENDANT JOAN M. REEVES, DEFENDANT MAXINE TUCKER (fe) (Entered: 09/21/1990)	PACER
	Aug. 6, 1990	ORDER GRANTING [26−1] MOTION FOR AN ADDITIONAL ONE−WEEK EXTENSION TO RESPOND TO DEFTS' MOTION TO DISMISS &PLFFS' SHALL SERVE RESPONSE TO MOTION TO DISMISS BY 7/24/90( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)	PACER
	Aug. 6, 1990	ORDER THAT PLFF'S MOTION FOR CLASS CERTIFICAITON IS STAYED FOR 60 DAYS PENDING DISCOVERY AS TO ALLEGED CLASS PLAINTIFFS &RESOLUTION OF DEFTS' MOTION TO DISMISS ( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)	PACER
	Aug. 7, 1990	ORDER GRANTING [27−1] MOTION FOR LEAVE TO FILE REPLY TO PLFFS' RESPONSE TO MOTION TO DISMISS GRANTING [27−2] MOTION FOR AN EXTENSION OF TIME TO RESPOND &DEFT SHALL SERVE RESPONSE BY 8/17/90( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)	PACER
34	Aug. 10, 1990	Memorandum by PLAINTIFF BABY NEAL, PLAINTIFF KAREEM AND KENT H, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF MARCELLA B, PLAINTIFF SHERRY G, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF ALICIA P, PLAINTIFF MANUEL I, PLAINTIFF TAMARA AND CARL I, PLAINTIFF JANE L in opposition to [31−1] MOTION FOR RECONSIDERATION (fe) (Entered: 09/21/1990)	PACER
35	Aug. 13, 1990	Appearance of Nancy B.G. Lassen, Esq. for Intervenor District Council 47, American Federation of State 47, American Federation of State County &Municipal Employees, AFL−CIO. (fe) (Entered: 09/25/1990)	PACER
36	Aug. 13, 1990	MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN MEMORANDUM, CERTIFICATE. (fe) (Entered: 09/25/1990)	PACER
37	Aug. 16, 1990	STIPULATION &ORDER, EXTENDING TIME FOR W. GOODE, JOAN M. REEVES &MAXINE TUCKER ARE GRANTED TO , RESPONSE TO MOTION reset to 8/27/90 for [31−1] MOTION FOR RECONSIDERATION ( SIGNED BY JUDGE ROBERT F. KELLY ) 08/16/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/25/1990)	PACER
38	Aug. 17, 1990	Reply by DEFENDANT ROBERT P. CASEY, DEFENDANT JOHN F. WHITE JR. to response to [21−1] MOTION TO DISMISS (fe) (Entered: 09/25/1990)	PACER
39	Aug. 27, 1990	Memorandum of defts in opposition to [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)	PACER
40	Aug. 27, 1990	Answer to complaint and crossclaim by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE (Attorney ) against JOHN F. WHITE JR., ROBERT P. CASEY (fe) (Entered: 10/16/1990)	PACER
41	Aug. 27, 1990	Response to by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN, [31−1] MOTION FOR RECONSIDERATION (fe) (Entered: 10/16/1990)	PACER
	Aug. 27, 1990	Response to by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)	PACER
42	Aug. 30, 1990	Brief by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P in opposition to [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)	PACER
	Sept. 13, 1990	ORDER DENYING [31−1] MOTION FOR RECONSIDERATION ( SIGNED BY JUDGE ROBERT F. KELLY ) 09/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 10/16/1990)	PACER
	Sept. 13, 1990	ORDER DENYING [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN ( SIGNED BY JUDGE ROBERT F. KELLY ) 09/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 10/16/1990)	PACER
43	Sept. 17, 1990	Answer by JOHN F. WHITE JR., ROBERT P. CASEY to [0−1] CROSS claim of City Defts. (fe) (Entered: 10/16/1990)	PACER
45	Oct. 5, 1990	MOTION by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO EXTEND TIME FOR CLASS DISCOVERY &TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (fe) (Entered: 10/16/1990)	PACER
46	Oct. 10, 1990	Notice of appeal by MOVANT LOCAL 2186, MOVANT LOCAL 2187 . Fee Status: $105.00 Appeal record due on 11/9/90 Copies to JUDGE ROBERT F. KELLY , Clerk USCA, Appeals Clerk, and MARIANNE E. BROWN, RICHARD J. GOLD, MICHAEL MUSHLIN, MARY E. KOHART, STEFAN PRESSER, LAWRENCE J. FOX, MARCIA R. LOWRY, STEPHEN P. CHAWAGA, JEROME J. SHESTACK, NANCY B.G. LASSEN (fe) (Entered: 10/16/1990)	PACER
47	Oct. 10, 1990	Copy of Clerk's notice to USCA re: [46−1] appeal . (fe) (Entered: 10/16/1990)	PACER
	Oct. 16, 1990	Notice of Docketing ROA from USCA Re: [46−1] appeal USCA NUMBER: 1759 . 10/17/90 (fe) (Entered: 10/17/1990)	PACER
48	Oct. 23, 1990	MEMORANDUM RE: [0−1] ORDER DENYING MOTION TO INTERVENE signed by JUDGE ROBERT F. KELLY 10/24/90 entered and copies mailed (fe) Modified on 10/24/1990 (Entered: 10/24/1990)	PACER
49	Oct. 24, 1990	Appearance by DORIS M. LEISCH &RICHARD J. GOLD for DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE; jury demand (fe) (Entered: 10/25/1990)	PACER
50	Oct. 24, 1990	Notice of appeal by MOVANT AFSCME DISTRICT COUN . Fee Status: 105.00 Appeal record due on 11/23/90 Copies to JUDGE ROBERT F. KELLY , Clerk USCA, Appeals Clerk, and MARIANNE E. BROWN, DORIS M. LEISCH, RICHARD J. GOLD, MICHAEL MUSHLIN, MARY E. KOHART, STEFAN PRESSER, LAWRENCE J. FOX, MARCIA R. LOWRY, STEPHEN P. CHAWAGA, JUDITH BROWN CHOMSKY, A. TAYLOR WILLIAMS, CHARLES W. JOHNS, JEROME J. SHESTACK, GUY VILIM, NANCY B.G. LASSEN (fe) (Entered: 10/25/1990)	PACER
51	Oct. 24, 1990	Copy of Clerk's notice to USCA re: [50−1] appeal . (fe) Modified on 10/25/1990 (Entered: 10/25/1990)	PACER
	Oct. 30, 1990	Notice of Docketing ROA from USCA Re: [50−1] appeal USCA NUMBER: 90−1785 . 10/29/90 (fe) (Entered: 10/31/1990)	PACER
	Nov. 2, 1990	RECCORD COMPLETE FOR PURPOSES OF APPEAL (cjc) (Entered: 11/02/1990)	PACER
52	Nov. 19, 1990	Answer by W. WILSON GOODE to [0−1] CROSS claim of Judicial Deft Edward J. Bradley (fe) (Entered: 11/20/1990)	PACER
53	Nov. 19, 1990	ORDER GRANTING [45−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY &TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS CERTIFICATION UNTIL 1/7/91, reset DISCOVERY DUE FOR 1/7/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 11/20/90 ENTERED AND COPIES MAILED. (fe) (Entered: 11/20/1990)	PACER
54	Jan. 4, 1991	MOTION by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO EXTEND TIME FOR CLASS DISCOVERY , TO STAY CONSIDERATION CERTIFICATE OF SERVICE. (fe) (Entered: 01/04/1991)	PACER
55	Jan. 22, 1991	Response to by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P [54−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY (fe) (Entered: 01/23/1991)	PACER
56	Jan. 30, 1991	ORDER GRANTING [54−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY [54−2] MOTION TO STAY CONSIDERATION IS STAYED FOR 90 DAYS OR UNTIL 4/8/91 DISCOVERY IS EXTENDED FOR A PERIOD OF 90 DAYS OR UNTIL 4/8/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 1/31/91 ENTERED AND COPIES MAILED. (fe) (Entered: 02/01/1991)	PACER
57	Feb. 4, 1991	ORDER SO THAT COURT'S DOCKET OF PENDING MOTIONS MAY BE CLEARED, DEFT'S MOTION OF 6/25/90 IS MOOT SINCE THE COURT ON 1/30/91 EXTENDED TIME FOR CLASS DISCOVERY UNTIL 4/8/91 &CONSIDERATION OF PLFFS' [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION IS STAYED UNTIL THAT DATE AS WELL ( SIGNED BY JUDGE ROBERT F. KELLY ) (fe) (Entered: 02/05/1991)	PACER
58	Feb. 6, 1991	STIPULATION &ORDER RE: CONFIDENTIALITY ( SIGNED BY JUDGE ROBERT F. KELLY ) 2/6/91 ENTERED AND COPIES MAILED. (fe) (Entered: 02/06/1991)	PACER
59	March 8, 1991	Answer by JOHN F. WHITE JR., ROBERT P. CASEY to amended complaint (fe) (Entered: 03/08/1991)	PACER
60	March 8, 1991	Answer by ROBERT P. CASEY to [0−1] CROSS claim (fe) (Entered: 03/08/1991)	PACER
61	March 27, 1991	MOTION by DEFENDANT ROBERT P. CASEY, DEFENDANT JOHN F. WHITE JR. FOR PROTECTIVE ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (mc) (Entered: 03/28/1991)	PACER
62	March 27, 1991	MOTION by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL TO COMPEL , FOR SANCTIONS MEMORANDUM, CERTIFICATE OF SERVICE. (mc) (Entered: 03/28/1991)	PACER
63	March 27, 1991	ORDER GRANTING [61−1] MOTION FOR PROTECTIVE ORDER. THE DEPOSITION OF SEC. WHITE OR HIS DESIGNATED OFFICIAL SHALL NOT BE TAKEN AS TO PROPOSED PLANS FOR THE TAKE OVER OF CHILD WELFARE SERVICES IN PHILA., ETC. ( SIGNED BY JUDGE ROBERT F. KELLY ) 3/28/91 ENTERED AND COPIES MAILED. (mc) (Entered: 03/28/1991)	PACER
64	March 27, 1991	MOTION BY PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P TO COMPEL DEPOSITION CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (jmp) (Entered: 03/28/1991)	PACER
65	April 4, 1991	MOTION BY ALL PLFFS TO COMPEL DISCOVERY MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 04/04/1991)	PACER
66	April 5, 1991	MOTION BY PLAINTIFF ALL PLFFS FOR PROTECTIVE ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 04/08/1991)	PACER
67	April 8, 1991	Request by PLAINTIFF ALL PLFFS for withdrawal of [62−1] MOTION TO COMPEL, [62−2] MOTION FOR SANCTIONS (fe) (Entered: 04/09/1991)	PACER
68	April 8, 1991	Memorandum by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY in opposition to [66−1] MOTION FOR PROTECTIVE ORDER (fe) (Entered: 04/09/1991)	PACER
69	April 8, 1991	STIPULATION &ORDER EXTENDING TIME , CITY DEFTS RESPONSE TO MOTION RESET TO 4/11/91 FOR [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (SIGNED BY JUDGE ROBERT F. KELLY) 4/9/91 ENTERED AND COPIES MAILED. (fe) (Entered: 04/09/1991)	PACER
70	April 8, 1991	Affidavit of Jerome J. Shestack Re: certain facts (fe) (Entered: 04/09/1991)	PACER
71	April 9, 1991	Letter from Mary E. Kohart, Esq. re: Motion to compel and for Sanctions is withdrawn. (mc) (Entered: 04/10/1991)	PACER
73	April 22, 1991	Response by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [65−1] MOTION TO COMPEL DISCOVERY, memo (fe) (Entered: 04/22/1991)	PACER
74	May 3, 1991	Reply Memorandum by PLFFS in support of [65−1] MOTION TO COMPEL DISCOVERY (fe) (Entered: 05/03/1991)	PACER
75	May 3, 1991	ORDER THAT DEFTS SHALL HAVE 45 DAYS OR UNTIL 6/10/91 TO EXAMINE THE TRANSCRIPT OF MARCIA R. LOWRY AND IDENTIFY UNANSWERED QUESTIONS ON WHICH THE COURT SHALL RULE AND TO CONDUCT FURTHER DISCOVERY FROM OTHER SOURCES FRO WHICH THE REQUESTED INFORMATION MAY BE AVAILABLE; DEFTS BRIEF SHALL BE FILED WIHTIN 10 DAYS OR BY 6/20/91; AND PLFFS' REPLY WILL FOLLOW WITHIN 30 DAYS OR BY 7/22/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 5/6/91 ENTERED AND COPIES MAILED. (fe) (Entered: 05/06/1991)	PACER
76	June 19, 1991	MOTION BY MOVANT JUVENILE LAW CENTER, MOVANT PHILA CITIZENS FOR CHILDREN AND YOUTH FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE MEMORANDUM, CERTIFICATE OF SERVICE.(Amicus Curiae Brief attached) (mc) (Entered: 06/19/1991)	PACER
77	June 20, 1991	Response by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE in opposition to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION, memo (fe) (Entered: 06/24/1991)	PACER
78	June 20, 1991	Memorandum by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY in opposition to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) (Entered: 06/24/1991)	PACER
79	June 21, 1991	Withdrawal of appearance by RICHARD J. GOLD for DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE (fe) (Entered: 06/24/1991)	PACER
80	June 25, 1991	MOTION BY MOVANT SUPPORT CENTER FOR LEAVE TO PROCEED AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF CERTIFICATION AS CLASS ACTION BRIEF, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (fe) (Entered: 06/25/1991)	PACER
81	June 25, 1991	Response by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) (Entered: 06/25/1991)	PACER
82	June 28, 1991	MOTION BY MOVANT CHILD, YOUTH AND FAM TO PARTICIPATE AS AMICUS CURIAE BRIEF, CERTIFICATE OF SERVICE. (fe) (Entered: 06/28/1991)	PACER
83	July 1, 1991	Notice of joinder by Honorable E. J. Bradley re: plff's request for class certification (fe) (Entered: 07/01/1991)	PACER
84	July 22, 1991	Reply Memorandum by ALL PLFFS in furer support of [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) Modified on 07/22/1991 (Entered: 07/22/1991)	PACER
	July 22, 1991	Appendix VOL 1 &2 to reply memo in further support of plffs' motion for class certification. (fe) Modified on 07/22/1991 (Entered: 07/22/1991)	PACER
85	July 25, 1991	MOTION BY DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO STRIKE FROM RECORD CERTAIN AFFIDAVITS AND VERIFICATIONS OR, IN THE ALTERNATIVE, OPEN DISCOVERY ON PLFFS' MOTION FOR CLASS CERTIFICATION MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 07/26/1991)	PACER
86	Aug. 2, 1991	MOTION BY MOVANT LOCAL 2186, MOVANT LOCAL 2187 TO PARTICIPATE AS AMICUS CURIAE, MEMORANDUM, BRIEF,	PACER

Case: Baby Neal v. Casey

2:90-cv-02343 | U.S. District Court for the Eastern District of Pennsylvania

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