Case: Boudreau v. Ryan

COMPLAINT for declaratory and injunctive relief − Civil cover sheet − Appearance(s) of Robert Hugh Farley Jr. as attorney(s) for plaintiffs ( Four original and four copies summons(es) issued.) ( Documents: 1−1 through 1−3) (kef) (Entered: 09/05/2000)

RECEIPT regarding payment of filing fee paid; on 9/1/00 in the amount of $ 150.00, receipt # 1045275. (kef) (Entered: 09/05/2000)

AMENDED COMPLAINT for declaratory and injunctive relief [1−1] by plaintiffs; Notice. (kef) Modified on 09/08/2000 (Entered: 09/06/2000)

RETURN OF SERVICE executed as to defendants George H Ryan, Ann Patla, Linda Renee Baker, Melissa Wright on 9/1/00 (3−1 thru 3−4). (kef) (Entered: 09/06/2000)

MOTION by plaintiffs for leave of court for Thomas G. Morrissey to file an additional appearance ; Notice. (kef) (Entered: 09/18/2000)

MOTION by plaintiffs for discovery prior to the filing of the motion for class certification . (kef) (Entered: 09/18/2000)

SUPPLEMENT by plaintiffs to plaintiffs' motion for discovery prior to the filing of the motion for class certification (Attachments). (kef) (Entered: 09/12/2000)

MINUTE ORDER of 9/13/00 by Hon. John F. Grady: Plaintiffs' motion for leave of court for Thomas G. Morrissey to file an appearance is granted [5−1]. Plaintiffs' motion for discovery prior to the filing of the motion for class certification is granted [6−1]. Mailed notice (kef) (Entered: 09/18/2000)

ATTORNEY APPEARANCE for plaintiffs by Thomas Gerard Morrissey. (kef) (Entered: 09/20/2000)

NOTICE by plaintiff of filing of supplement to plaintiffs to motion for discovery prior to the filing of the motion for class certification [4−1]. (kef) (Entered: 09/20/2000)

MOTION by defendants for enlargement of time to file a responsive pleading to plaintiffs' amended complaint ; Notice. (kef) (Entered: 09/28/2000)

MOTION by defendants for enlargement of time to file a responsive pleading to plaintiffs' amended complaint ; Notice. (kef) (Entered: 10/05/2000)

MOTION by plaintiffs to compel discovery (Attachments); Notice. (kef) Modified on 10/05/2000 (Entered: 10/05/2000)

MINUTE ORDER of 10/4/00 by Hon. John F. Grady: Defendants' motion for enlargement of time (until 11/1/00 to answer or otherwise plead to the complaint) is granted [11−1], [12−1]. Plaintiffs' motion to compel discovery is denied [13−1]; oral depositions are stayed until 11/1/00. Mailed notice (kef) (Entered: 10/05/2000)

MOTION by plaintiffs to compel discovery (Attachments); Notice. (kef) (Entered: 11/20/2000)

MOTION by defendants to limit discovery . (kef) (Entered: 11/20/2000)

MOTION by defendants for leave to file motion to dismiss and memorandum of law ; Notice. (kef) (Entered: 11/20/2000)

MINUTE ORDER of 11/15/00 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [15−1] is entered and continued to 11/29/00 at 10:00 a.m. Defendants' motion to limit discovery [16−1] is entered and continued to 11/29/00 at 10:00 a.m. Defendants' motion for leave to file motion to dismiss and memorandum of law is granted [17−1]. No notice (kef) (Entered: 11/20/2000)

MOTION by defendants to dismiss plaintiffs' first amended complaint . (kef) (Entered: 11/20/2000)

MINUTE ORDER of 11/29/00 by Hon. John F. Grady: Plaintiffs' motion to compel discovery is denied as discussed in open court [15−1]. Defendants' motion to limit discovery is denied [16−1]; the issue of discovery may be re−visited after ruling on the pending motion to dismiss. On defendants' motion to dismiss [19−1], response due by 12/27/00; Reply due by 1/10/01. Mailed notice (kef) (Entered: 12/04/2000)

TRANSCRIPT of proceedings for the following date(s): Held on 10/4/00 before Honorable John F. Grady. (kef) (Entered: 12/05/2000)

RESPONSE by plaintiffs and memorandum of law to defendant's motion and memorandum of law to dismiss plaintiffs' first amended complaint [19−1]; Notice. (maf) (Entered: 12/20/2000)

MOTION by defendants for enlargement of time to file their reply brief in support of their motion to dismiss (Attachments); Notice. (kef) (Entered: 01/29/2001)

MINUTE ORDER of 1/24/01 by Hon. John F. Grady: Defendants' motion for enlargement of time (until 1/31/01 to file their reply brief) is granted [23−1]. Mailed notice (kef) (Entered: 01/29/2001)

REPLY brief by defendants in support of motion to dismiss ; Notice. [19−1] (tlm) (Entered: 01/30/2001)

MOTION by defendants to supplement their motion to dismiss [19−1] (Attachments); Notice. (kef) (Entered: 03/02/2001)

MOTION by defendants to reassign based on relatedness (Attachments); Notice. (kef) (Entered: 03/02/2001)

RESPONSE by plaintiffs to defendants' motion to reassign based on relatedness (Attachments). (ac) Modified on 02/27/2001 (Entered: 02/27/2001)

RESPONSE by plaintiffs to defendants' supplemental memorandum of law; Notice. (ac) Modified on 02/27/2001 (Entered: 02/27/2001)

SUPPLEMENTAL REPLY by defendants on the availability of injunctive relief against state officials under the Title II of the ADA; Notice (jmp) (Entered: 03/09/2001)

MOTION by defendants to cite additional authority (Attachments); Notice. (mw) (Entered: 04/13/2001)

MINUTE ORDER of 4/11/01 by Hon. John F. Grady : Defendants' motion to cite additional authority is granted [32−1]. Plaintiff's further response due by 04/30/01; reply due by 05/07/01. Mailed notice (mw) (Entered: 04/13/2001)

MINUTE ORDER of 5/1/01 by Hon. John F. Grady : Defendants' motion to dismiss [19−1] is granted in part. We grant the motion as to the plaintiffs' ADA claim (Count III), but deny the motion as to Counts I, II, IV, and V. Further, this court orders that the parties make all of the initial disclosures set forth under the Federal Rule of Civil Procedure 26(a)(1) within 14 days of receipt of this opinion. A status hearing is scheduled for 5/30/01 at 9:30 a.m. (Entered Memorandum Opinion). Mailed notice (maf) (Entered: 05/02/2001)

SCHEDULE set on 5/7/01 by Hon. John F. Grady : Status hearing date of 5/30/01 is reset to 9:30 on 5/31/01 . Mailed notice (am) (Entered: 05/07/2001)

MOTION by plaintiffs to certify a class pursuant to Rule 23(b)(2) (Attachments). (cem) (Entered: 05/11/2001)

MOTION by plaintiffs to file second amended complaint instanter (Attachments); Notice. (cem) (Entered: 05/11/2001)

MINUTE ORDER of 5/9/01 by Hon. John F. Grady : Plaintiffs' motion to certify a class [35−1] and plaintiffs' motion to file second amended complaint instanter [36−1] are entered and continued to 5/31/01 at 10:00 a.m. Status hearing date of 5/31/01 to stand. Further, defendants are given until 5/18/01 to answer to complaint and provide mandatory disclosures as provided by the rules. Mailed notice (cem) (Entered: 05/11/2001)

MOTION by defendants to enlarge time for filing of answer ; Notice. (maf) (Entered: 05/25/2001)

MINUTE ORDER of 5/23/01 by Hon. John F. Grady : Defendants' motion to enlarge time (until 5/25/01) for filing of answer is granted [38−1]. Mailed notice (maf) (Entered: 05/25/2001)

TRANSCRIPT of proceedings for the following date(s): 5/9/01 Before Honorable John F. Grady (eav) (Entered: 05/29/2001)

MOTION by defendants' for leave to file answer instanter ; Notice. (vmj) (Entered: 06/05/2001)

MINUTE ORDER of 5/31/01 by Hon. John F. Grady: Status hearing held. Defendants' motion for leave to file answer instanter is granted [41−1]. Plaintiffs' motion for leave to file second amended complaint is granted [36−1]. Oral argument on plaintiffs' motion for class certification is set for 6/5/01 at 11:30 a.m.; any objections to said motion shall be filed by 6/4/01. No notice (vmj) (Entered: 06/05/2001)

ANSWER to amended complaint for declaratory and injunctive relief by defendant [2−1] (Attachments). (vmj) (Entered: 06/05/2001)

SECOND AMENDED COMPLAINT by plaintiff; adding Greg Blaney Jr, Melissa Cole, Jeffrey Falcone, Sean Steele, David Stiman. (vmj) (Entered: 06/05/2001)

OBJECTIONS by defendants' to plaintiffs' motion for class certification [35−1] (Attachments); Notice. (vmj) (Entered: 06/05/2001)

MEMORANDUM by plaintiffs of law in support of class certification [35−1] (Attachments) (eav) (Entered: 06/13/2001)

MOTION by plaintiffs for this court to rule on the issue of class certification without any further briefing ; Notice. (cem) (Entered: 07/16/2001)

MOTION by defendants for leave to file memorandum requested by court regarding class certification issues . (cem) (Entered: 07/16/2001)

MINUTE ORDER of 7/11/01 by Hon. John F. Grady : Defendants' motion for leave to file memorandum requested by court regarding class certification issues [49−1] and to file affidavit of Eugenia Cutler under seal is granted; plaintiffs' reply due by 8/7/01. Plaintiffs' motion for this court to rule on the issue of class certification without any further briefing [48−1] is entered and withdrawn. No notice (cem) (Entered: 07/16/2001)

MEMORANDUM by defendants opposing class certification; with remark (Attachments). (cem) (Entered: 07/16/2001)

ADDRESSING by defendants class certification determinations in similar cases; with memorandum opposing (Attachments). (cem) (Entered: 07/16/2001)

MEMORANDUM by defendants opposing class certification and addressing class certification determinations in similar cases [49−1] with affidavit (yap) (Entered: 07/17/2001)

AFFIDAVIT of Eugenia Cutler; Associate Director of Program Operations, Surburban Access with memorandum opposing class certification (yap) (Entered: 07/17/2001)

TRANSCRIPT of proceedings for the following date(s): 5/31/01, 6/5/01 before Honorable John F. Grady. (53−1 through 53−2). (maf) (Entered: 07/18/2001)

REPLY to defendants' memorandum opposing class certification by plaintiff [52−1]; (Attachments). (cgb) (Entered: 08/02/2001)

MOTION by defendants for entry of a protective order on mental health records (Attachments); Notice. (fce) (Entered: 08/17/2001)

RESPONSE by plaintiffs to defendants motion for entry of a protective order (Attachments). (fce) Modified on 08/14/2001 (Entered: 08/14/2001)

MINUTE ORDER of 8/15/01 by Hon. John F. Grady: Defendant's motion for entry of a protective order on mental health records [56−1] is taken under advisement. No notice. (fce) (Entered: 08/17/2001)

MINUTE ORDER of 8/21/01 by Hon. John F. Grady: Defendants' motion for entry of a protective order on mental health records [56-1] is granted in part, denied in part. Entered Memorandum Opinion. Mailed notice by judge's staff. (fce)

MINUTE ORDER of 8/21/01 by Hon. John F. Grady: Entered Protective Order. Mailed notice by judge's staff. (fce) Modified on 08/24/2001 (Entered: 08/24/2001)

ATTORNEY APPEARANCE for Marklund Children's Home by Joseph C. Fench, Robin R. Welgat. (fce) (Entered: 08/23/2001)

MOTION by plaintiffs to compel discovery (Attachments); Notice. (mw) (Entered: 09/10/2001)

MINUTE ORDER of 9/5/01 by Hon. John F. Grady : Plaintiffs' motion to compel discovery is entered and withdrawn [61−1]. No notice (mw) (Entered: 09/10/2001)

SUPPLEMENT by plaintiff to motion to compel discovery [61−1] (Attachment). (fce) (Entered: 09/18/2001)

RESPONSE by defendants to plaintiffs' motion to compel discovery [61−1]; Notice. (fce) (Entered: 09/19/2001)

MINUTE ORDER of 9/19/01 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [65−1] is entered and continued to 10/24/01 at 10:00 a.m. Further, defendants are to furnish the name or names of person or persons that have personal knowledge as to the availability or non−availability of the documents sought by plaintiff in their motion to compel; that person or persons shall be made available for deposition within the next ten (10) days. Mailed notice. (fce) Modified on 09/24/2001 (Entered: 09/21/2001)

TRANSCRIPT of proceedings for the following date(s): 07/11/01 before Honorable John F. Grady. (fce) (Entered: 09/21/2001)

MOTION by defendants to continue plaintiffs' PAS Agent deposition ; Notice. (fce) (Entered: 09/27/2001)

MOTION by plaintiff to file third amended complaint instanter (Attachments); Notice. (fce) (Entered: 09/27/2001)

MOTION by defendants to clarify protective order (Attachment). (fce) (Entered: 09/27/2001)

RESPONSE by plaintiffs to defendants' motion to continue PAS Agent deposition (Attachments). (fce) (Entered: 09/26/2001)

AMENDED NOTICE by plaintiff regarding motion to file third amended complaint instanter [70−1]. (fce) (Entered: 09/27/2001)

MINUTE ORDER of 9/26/01 by Hon. John F. Grady: Defendants' motion to continue plaintiffs' PAS agent deposition [69−1] is considered entered and withdrawn. Plaintiffs' motion to file third amended complaint instanter [70−1] is granted; defendants are given until 11/13/01 to plead to the third amended complaint. Defendants' motion to clarify protective order is entered and continued to 10/3/01 at 10:00 a.m. Mailed notice. (fce) Modified on 10/02/2001 (Entered: 09/27/2001)

AMENDED COMPLAINT [44−1] by plaintiff; Adding plaintiff's Christine Auer, Douglas Wilsman, Sharon Lowrey, Leah Jones (Attachments); Notice. (fce) (Entered: 09/27/2001)

RESPONSE by plaintiffs to defendant's motion to clarify protective order [71−1] (Attachments). (fce) (Entered: 10/02/2001)

MINUTE ORDER of 10/3/01 by Hon. John F. Grady: Defendant's motion to clarify protective order [71−1] is taken under advisement. No notice. (fce) (Entered: 10/04/2001)

MINUTE ORDER of 10/4/01 by Hon. John F. Grady : (Entered protective order). Mailed notices by judge's staff (cem) (Entered: 10/05/2001)

TRANSCRIPT of proceedings for the following date(s): 09/19/01, 09/26/01 before Honorable John F. Grady (78−1 through 78−2). (fce) (Entered: 10/16/2001)

MOTION by plaintiffs to schedule an evidentiary hearing to determine whether the plaintiffs Auer, Jones, Lowrey and Wilsman can adequately represent the proposed class (Attachment); Notice. (cem) Modified on 10/18/2001 (Entered: 10/18/2001)

ADDITIONAL factual submissions by plaintiffs in support of class certification (Attachments). (cem) (Entered: 10/18/2001)

MINUTE ORDER of 10/17/01 by Hon. John F. Grady : Plaintiff's motion to schedule an evidentiary hearing to determine whether the plaintiffs Auer, Jones, Lowrey and Wilsman can adequately represent the proposed class is granted [79−1]. Hearing for the defendants to raise any objections to the adequacy of the four people plaintiff proposes as class representatives is set for 11/15/01 at 10:00 am . Mailed notice (cem) (Entered: 10/18/2001)

MINUTE ORDER of 10/24/01 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [65−1] is withdrawn. No notice. (fce) (Entered: 10/29/2001)

SCHEDULE set on 11/15/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 11/27/01. No notice (am) (Entered: 11/16/2001)

MOTION by defendants for leave to file motion to dismiss and memorandum of law ; Notice. (fce) (Entered: 11/29/2001)

MINUTE ORDER of 11/15/01 by Hon. John F. Grady: Defendants' motion for leave to file motion to dismiss and memorandum of law [83−1] is granted. No notice. (fce) (Entered: 11/29/2001)

MOTION by defendants to dismiss plaintiff's third amended complaint on the grounds that it is barred by the Eleventh Amendment ; Memorandum of law. (fce) (Entered: 11/29/2001)

MOTION by defendants to quash or excuse (Attachment); Notice. (yp) (Entered: 01/23/2002)

MOTION by plaintiffs to sanction defendants' for failure to produce officers at hearing ; Notice. (yp) (Entered: 01/23/2002)

SCHEDULE set on 11/27/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 9:30 on 11/29/01 . No notice (am) (Entered: 11/28/2001)

MINUTE ORDER of 11/27/01 by Hon. John F. Grady: Defendants' oral motion for leave to file corrected memorandum of law is granted. No notice. (fce) (Entered: 11/29/2001)

CORRECTED MEMORANDUM by defendant of law. (fce) (Entered: 11/29/2001)

SUPPLEMENT by defendants to motion for leave to file motion to dismiss; (Attachments). (cdy) (Entered: 01/24/2002)

SCHEDULE set on 11/29/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/4/01. No notice (am) (Entered: 11/30/2001)

ATTORNEY APPEARANCE for defendants George H Ryan, Ann Patla, Linda Renee Baker, Melissa Wright by Rendi L. Mann−Stadt. (fce) (Entered: 12/04/2001)

SCHEDULE set on 12/4/01 by Hon. John F. Grady : Evidentiary hearing held and is continued to 10:00 on 12/6/01 . Mo notice (am) (Entered: 12/05/2001)

SCHEDULE set on 12/6/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/10/01 . No notice (am) (Entered: 12/06/2001)

SCHEDULE set on 12/10/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/11/01 . No notice (am) (Entered: 12/11/2001)

MEMORANDUM of law by plaintiffs in response to the court's inquiry on 12/06/01 (Attachments). (fce) (Entered: 12/11/2001)

SCHEDULE set on 12/11/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/13/01 . No notice (am) (Entered: 12/12/2001)

SCHEDULE set on 12/13/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 11:00 on 12/17/01 No notice (am) (Entered: 12/19/2001)