Case: Birdsong v. Perdue

CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney FILING FEE $ 150.00 RECEIPT # 500720 (aet) Modified on 02/04/2003 (Entered: 02/04/2003)

Application for admission of Stephen F. Gold pro hac vice for plaintiffs (to GET) (bsm) (Entered: 02/05/2003)

ORDER by Judge G. E. Tidwell, recusing Judge. Case reassigned to Judge Julie E. Carnes (cc w/notice) (bsm) (Entered: 02/07/2003)

ORDER by Judge Julie E. Carnes GRANTING [2−1] pro hac vice application of Stephen F. Gold (cc) (adg) (Entered: 02/14/2003)

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 4/7/03 for dfts to answer [1−1] complaint , Answer due 4/7/03 for Gary Redding, for Jim Martin, for GA Dept. Human Resou, for GA Dept. Community H, for Sonny Perdue (cc) (ck) (Entered: 02/20/2003)

Added attorney for defendant: David E. Langford. (ck) (Entered: 02/20/2003)

Proposed Consent order extending time fof plas to move for class certification. (to JEC) (jph) (Entered: 03/03/2003)

Memo by CRD that [6−1] consent order violates the Court's rule regarding font. Parties are reminded to comply w/LR 5.1B regarding font. (cc by CRD) (jph) Modified on 03/06/2003 (Entered: 03/06/2003)

ANSWER by defendants to complaint [1−1] Discovery ends 9/5/03. (jph) (Entered: 04/09/2003)

Joint Certificate of interested persons. (to judge) (jph) (Entered: 05/08/2003)

Joint Preliminary Report and Discovery Schedule. (to judge) (jph) (Entered: 05/08/2003)

ENDORSED ORDER by Judge Julie E. Carnes APPROVING [10−1] preliminary statement. (cc) (jph) (Entered: 05/15/2003)

SCHEDULING ORDER by Judge Julie E. Carnes, staying discovery from 5/14/03 and expires 8/11/03. Discovery will commence 8/12/03 and Discovery ends 4/7/04 , any motions for sum jgm are due 4/27/04 and pto due 30 days after ruling; if no sum jgm motions then pre−trial order due on 5/7/04 , [12−1] order to be submitted on 5/10/04 if no sum jgm motions or pto filed . Parties are reminded to comply w/LR 5.1B regarding font. (cc) (jph) (Entered: 05/15/2003)

Joint MOTION to extend time to move for class certification and for parties to make initial disclosures , and to stay discovery (to JEC) (jph) (Entered: 07/17/2003)

CONSENT ORDER by Judge Julie E. Carnes GRANTING [13−1] joint motion to extend time to move for class certification and for parties to make initial disclosures, GRANTING [13−2] joint motion to stay discovery (cc) (jph) (Entered: 07/21/2003)

Joint MOTION to extend time for class certification, for parties to make initial disclosures , and to stay discovery (to JEC) (jph) (Entered: 10/09/2003)

CONSENT ORDER by Judge Julie E. Carnes GRANTING the [15−1] joint motion to extend time for class certification, for parties to make initial disclosures and GRANTING [15−2] joint motion stay discovery. Discovery ends 9/16/04. (cc) (aaq) (Entered: 10/14/2003)

Joint MOTION to extend time thru 05/06/04 for plas to move for class certification, thru 04/16/04 for parties to make initial disclosures, and thru 04/16/04 for the stay of discovery with prop. order. (to JEC) (jdb) (Entered: 01/15/2004)

CONSENT ORDER by Judge Julie E. Carnes GRANTING [17−1] joint motion to extend time thru 05/06/04 for plas to move for class certification, thru 04/16/04 for parties to make initial disclosures, and thru 04/16/04 for the stay of discovery, time for filing motions under N.D.Ga LR 7.1(A)(2) is extended to 5/17/04. Discovery ends 12/16/04 (cc) (jlm) (Entered: 02/06/2004)

JOINT MOTION to extend time for plas to move for class certification; for parties to make initial disclosures and to stay discovery with proposed consent order. (jlm) (Entered: 04/19/2004)

CONSENT ORDER by Judge Julie E. Carnes GRANTING [19−1] motion to extend time to and including 8/6/04 for plas to move for class certification; parties to make initial disclosures by 7/16/04 and GRANTING [19−2] motion to stay discovery until 7/16/04. Time for filing motions under LR 7.1(A)(2) is extended to 8/17/04. Discovery ends 3/16/05 (cc) (jlm) (Entered: 04/21/2004)

Dft's Response to Initial Disclosures (jlm) (Entered: 07/26/2004)

United States' Notice of Request to participate as Amicus Curiae with Brief In Support. (jlm) (Entered: 08/10/2004)

CONSENT MOTION for Extension of Time to file motion for class certification .(to JEC) (jlm) (Entered: 08/11/2004)

CERTIFICATE OF SERVICE by pla re: Pla's first set of interrogatories. (jlm) (Entered: 08/19/2004)

Dft's MOTION to exceed page limitation for brief filed in support of their motion for partial dismissal. (jlm) (Entered: 08/19/2004)

Dft's MOTION for Partial Dismissal. (Attachments: # 1 Brief in Support)(jlm) (Entered: 08/19/2004)

Pla's MOTION to Certify Class with memorandum in support. (Attachments: # 1 Memorandum of law in support)(jlm) (Entered: 08/23/2004)

CONSENT MOTION for Extension of Time for dfts to file response to pla's 28 MOTION to Certify Class . (to JEC) (jlm) (Entered: 09/03/2004)

CONSENT MOTION for Extension of Time for plas to file memorandum in opposition to dft's 27 MOTION for partial dismisssal . (jlm) (Entered: 09/03/2004)

Submission of 22 MOTION Request to participate as Amicus Curiae, 26 MOTION for Leave to File Excess Pages, 27 MOTION to Dismiss and 28 MOTION to Certify Class, submitted to District Judge Julie E. Carnes. (jlm) (Entered: 09/10/2004)

ORDER GRANTING 29 Consent Motion for Extension of Time to and including 9/21/04 for dft's to file response to pla's motion for class certification. . Signed by Judge Julie E. Carnes on 9/17/04. (jlm) (Entered: 09/21/2004)

ORDER GRANTING 30 Consent Motion for Extension of Time for plas to file memorandum in opposition to dft's 27 MOTION for partial dismisssal . Signed by Judge Julie E. Carnes on 9/17/04. (jlm) (Entered: 09/21/2004)

Dft's MOTION for Leave to File Excess Pages for its Brief in Support of Dfts Response to Pla's Motion for Class Certification . (jlm) (Entered: 09/24/2004)

Dft's BRIEF in RESPONSE to Pla's 28 MOTION to Certify Class. (Attachments: # 1 Exhibit 1 Barnes Affidavit# 2 Exhibit 2 Bacheller Affidavit# 3 Exhibit 3 Dillard Affidavit)(jlm) (Entered: 09/24/2004)

CONSENT MOTION for Leave to File Excess Pages with proposed order. (to JEC). (jlm) (Entered: 09/28/2004)

CONSENT MOTION of the United States to Intervene as of right and for Leave to File consolidated brief as amicus and intervenor with proposed order. (to JEC) (jlm) (Entered: 09/28/2004)

Plaintiff's RESPONSE to dfts' 27 MOTION for Partial Dismissal. (jlm) (Entered: 10/01/2004)

CERTIFICATES OF SERVICE regarding dfts' Beverly Walker and Georgia Department of Community Health's response to pla's first set of interrogatories. (jlm) (Entered: 10/05/2004)

CONSENT MOTION for Extension of Time to and including 10/25/04 for plas' to respond to dft's 34 Brief in Opposition to pla's motion for Class Certification and to and including 10/21/04 for dfts' to reply to pla's 37 Memorandum in Response to dft's motion for partial dismissal, with Proposed Order. (Last page of document filed in error) Modified on 10/8/2004 (jlm). (to JEC) (Entered: 10/08/2004)

CERTIFICATE OF SERVICE by dft Tim Burgess regarding his response to pla's first set of interrogatories. (jlm) (Entered: 10/12/2004)

Submission of 33 MOTION for Leave to File Excess Pages, submitted to District Judge Julie E. Carnes. (FILE IN CHAMBERS) (jlm) (Entered: 10/12/2004)

BRIEF filed by USA as Intervenor regarding State's 27 MOTION to Dismiss . (Attachments: # 1 Part 2# 2 Part 3)(jlm) (Entered: 10/14/2004)

ORDER GRANTING 36 Motion to Intervene and GRANTING 36 Motion for Leave to File a consolidated brief as amicus in response to State's motion for partial dismissal . Signed by Judge Julie E. Carnes on 10/12/04. (jlm) (Entered: 10/14/2004)

ORDER GRANTING pla's 39 Motion for Extension of Time to and including 10/25/04 to reply to dft's brief in opp to pla's motion for class certification and dft's have until 10/21/04 to reply to pla's memorandum in response to dft's motion for partial dismissal. Signed by Judge Julie E. Carnes on 10/14/04. (jlm) (Entered: 10/19/2004)

MOTION to Allow Brief in excess of page limit by dfts.. (jlm) (Entered: 10/26/2004)

Dft's BRIEF in REPLY to pla's 37 Response to dft's 27 MOTION to Dismiss. (jlm) (Entered: 10/26/2004)

REPLY BRIEF re 28 MOTION to Certify Class filed by Michael Birdsong. (Moore, Sidney) (Entered: 10/25/2004)

CONSENT MOTION to file Amended 45 Reply Brief by Michael Birdsong. (Attachments: # 1 PROPOSED AMENDED Reply to Defendants' Brief in Response to Pla's Motion for Class Certification)(Moore, Sidney) Modified on 10/28/2004 (jlm). Modified on 10/28/2004 (jlm). (to JEC for approval) (Entered: 10/26/2004)

CERTIFICATE OF SERVICE by plaintiffs regarding pla's first request for production of documents to dfts. (jlm) (Entered: 11/02/2004)

CERTIFICATE OF SERVICE by dft Sonny Perdue regarding his response to pla's first set of interrogatories. (jlm) (Entered: 11/02/2004)

ORDER APPROVING 48 Consent Motion to File Amended Version of Pla's Reply to dft's Brief in Response to Pla's Motion for Class Certification. Signed by Judge Julie E. Carnes on 11/2/04. (jlm) (Entered: 11/04/2004)

Pla's Amended Version of REPLY to dft's 34 RESPONSE to pla's 28 MOTION to Certify Class (jlm) (Entered: 11/04/2004)

Submission of 46 MOTION for Leave to File Excess Pages, submitted to District Judge Julie E. Carnes. (Note: File in Chambers) (dfb) (Entered: 11/24/2004)

CERTIFICATE OF SERVICE by Georgia Department of Community Health, Georgia Department of Human Resources, Sonny Perdue Discovery Certificate of Service/Defendants' Response to Plaintiffs' First Request for Production of Documents (Langford, David) (Entered: 12/09/2004)

First Intervenor COMPLAINT against all defendants, filed by Jennifer Bivins, Alanna Clay, Barney Strickland.(Moore, Sidney) (Entered: 01/05/2005)

MOTION to Intervene as Plaintiffs with Brief In Support by Jennifer Bivins, Alanna Clay, Barney Strickland. (Attachments: # 1)(Moore, Sidney) (Entered: 01/05/2005)

MOTION for Hearing re Class Certification and Motion to Intervene by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Attachments: # 1 Text of Proposed Order)(Moore, Sidney) (Entered: 01/18/2005)

RESPONSE in Opposition re 55 MOTION to Intervene as Plaintiffs , 56 MOTION for Hearing re Class Certification and Motion to Intervene filed by Georgia Department of Human Resources, Jim Martin, Gary Redding, Jennifer Bivins, Sonny Perdue, Georgia Department of Community Health. (Attachments: # 1 Affidavit of Sandy Choat# 2 Attachment A to Exhibit 1# 3 Attachment B to Exhibit 1# 4 Attachment C to Exhibit 1# 5 Attachment D to Exhibit 1# 6 Affidavit of Deborah Curry# 7 Attachment A to Exhibit 2# 8 Affidavit of Sue

RESPONSE in Opposition re 56 MOTION for Hearing re Class Certification and Motion to Intervene Defendants' Response in Opposition to Motion for Rule Nisi filed by Sonny Perdue. (Attachments: # 1 Exhibit Exhibit 1 − Affidavit of Sandy Choate)(Langford, David) (Entered: 02/02/2005)

REPLY to Response to Motion re 55 MOTION to Intervene as Plaintiffs filed by Jennifer Bivins, Alanna Clay, Barney Strickland. (Moore, Sidney) (Entered: 02/07/2005)

Submission of 56 MOTION for Hearing re Class Certification and Motion to Intervene , submitted to District Judge Julie E. Carnes. (NOTE: File in Chambers) (dfb) (Entered: 02/10/2005)

MOTION to Intervene of Victor Cardenas with Brief In Support. (Attachments: # 1 Brief in Support of Motion to Intervene# 2 Exhibit Complaint of Intervenor)(Moore, Sidney) (Entered: 02/18/2005)

CONSENT MOTION for Extension of Time through May 16, 2005 to Complete Discovery by Georgia Department of Human Resources, Jim Martin, Gary Redding, Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond, Sonny Perdue, Georgia Department of Community Health. (ddm) (Entered: 03/02/2005)

NOTICE Of Filing Defendants' Objection to Victor Cardenas' Motion for Intervention by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health (Attachments: # 1 Exhibit 1 − Affidavit of Karen Bacheller)(Langford, David) (Entered: 03/08/2005)

MOTION for Leave to File Excess Pages by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health. (Langford, David) (Entered: 03/08/2005)

NOTICE scheduling a TELEPHONE conference to discuss re 61 MOTION for Extension of Time to Complete Discovery for TUESDAY, 3/15/05, 11:00 A.M. (kb) (Entered: 03/14/2005)

ORDER granting 63 Motion for Leave to File Excess Pages. In the future, a Proposed Order should be attached for the Court's signature. Signed by Judge Julie E. Carnes on 3/14/05. (ddm) (Entered: 03/15/2005)

NOTICE of Appearance by Sarah E. Harrington on behalf of USA (Harrington, Sarah) (Entered: 03/15/2005)

Minute Entry for proceedings held before Judge Julie E. Carnes : Telephone Conference held on March 15, 2005 on 61 Consent Motion to Extend Discovery. Court granted extension through May 16, 2005. Court is denying without prejudice all the pending motions, to be reactivated, if case not settled. Parties to continue settlement negotiations and complete discovery and advise Court by May 16, 2005 (in a Joint letter, double spaced) indicated where parties are and the next procedure required. Court suggested that Plaintiff not file, if possible, any further motions to intervene pending a resolution of discovery and settlement. Court will schedule a conference in May 2005 to discuss matters further. Order to follow. (Court Reporter Donna Keeble.)(ddm) (Entered: 03/17/2005)

ORDER 61 Motion to Extend Discovery though May 16, 2005, the date requested by the parties, denying without prejudice 27 Motion for partial dismissal and 28 Motion for class certification, denying without prejudice 55 and 60 Motions to Intervene, granting 22 Notice of Request by USA to participate as Amicus Curiae, granting 26 Motion to file excess pages, granting 33 and 46 Defendants' Motions to file excess pages, denying without prejudice 56 Plaintiff's Motion for hearing on class certification and to intervene, and granting Defendant's Motion to file excess pages. The parties are reminded that they must send the Court a letter by May 16, 2005 indicating where they are in settlement discussions and discovery. Signed by Judge Julie E. Carnes on 3/21/05.(ddm) (Entered: 03/22/2005)

TRANSCRIPT of In Camera Telephone Conference Proceedings held on March 15, 2005 before Judge Julie E. Carnes. Court Reporter: Donna C. Keeble. (ddm) (Entered: 04/01/2005)

Consent MOTION for Extension of Time to Complete Discovery DEFENDANTS' CONSENT MOTION TO EXTEND DISCOVERY AND SET THE DATE FOR FILING OF MOTION FOR SUMMARY JUDGMENT by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health. (Attachments: # 1 CONSENT ORDER EXTENDING TIME FOR DISCOVERY AND DEADLINE FOR THE FILING OF MOTIONS FOR SUMMARY JUDGMENT)(Langford, David) (Entered: 05/06/2005)

ORDER granting 70 defendants' Consent Motion for Extension of Time to Complete Discovery. Discovery ends on FRIDAY, 7/15/2005 and summary judgment motions are due on THURSDAY, 9/15/05. Signed by Judge Julie E. Carnes on 05/20/05. (kb) (Entered: 05/23/2005)

Request for Leave of Absence for the following date(s): 7/24/05 to 8/19/05 and 9/1/05 to 9/5/05, by Teresa Wynn Roseborough. (kb) (Entered: 08/02/2005)

MINUTE ORDER (by docket entry only) APPROVING re 72 Leave of Absence of Teresa Wynn Roseborough for the period of 7/24/05 to 8/19/05 and 9/1/05 to 9/5/05 by CRD by direction of the Court on 8/2/05. Counsel is expected to comply timely with discovery. Further, should any pleading become due during this period, counsel will be required to file a motion for extension of time as to that particular pleading, should counsel wish any extension.(kb) (Entered: 08/02/2005)

Mail Returned as Undeliverable. Mail sent to Stephen F. Gold regarding NEF from Minute Order returned due to incomplete address. (ddm) (Entered: 08/08/2005)

Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Moore, Sidney) (Entered: 09/02/2005)

NOTICE of Appearance by Bruce McCord Edenfield on behalf of all defendants (Edenfield, Bruce) (Entered: 09/20/2005)

ORDER granting 74 the Joint Motion for Extension of Time to Complete Discovery. Fact Discovery ends on FRIDAY, 9/30/2005. Signed by Judge Julie E. Carnes on 09/23/05. (kb) (Entered: 09/26/2005)

ORDER amending its 68 Order of March 22, 2005 to indicate that this action is administratively terminated. The case shall be reactivated by the Clerk on November 30, 2005, when the parties file their dispositive motions or on a later date when these motions are filed, should another extension be sought and granted. Signed by Judge Julie E. Carnes on 11/2/05. (ddm) (Entered: 11/03/2005)

Civil Case Terminated. (ddm) (Entered: 11/03/2005)

Joint MOTION for Extension of Time to Complete Discovery by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Moore, Sidney) (Entered: 11/23/2005)

ORDER granting 78 Joint Motion for Extension of Time to Complete Discovery. Fact Discovery ends on TUESDAY,1/31/2006 and dispositive motions due MONDAY, 2/20/06. Signed by Judge Julie E. Carnes on 12/2/05. (kb) (Entered: 12/02/2005)

Joint MOTION for Extension of Time to file dispositive motions with Brief In Support by Georgia Department of Human Resources. (Attachments: # 1 Text of Proposed Order granting extension to file dispositive motions)(Edenfield, Bruce)

NOTICE by USA re 41 Reply Brief (Attachments: # 1 Supplement Supplemental Legal Authority)(Harrington, Sarah) (Entered: 02/22/2006)

DOCUMENT FILED IN ERROR NOTICE Of Filing Motion Requesting Permission to Withdrawal Counsel by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond (Moore, Sidney) Modified on 3/14/2006 to correct attorney pleading (ddm). (Entered: 03/13/2006)

REDOCKETED AS MOTION to Withdraw Susan Walker Goico, Joseph Alan White as Attorneyby Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (ddm) (Entered: 03/14/2006)

Joint MOTION for Extension of Time to File Dispositive Motions by Georgia Department of Community Health. (Attachments: # 1 Text of Proposed Order)(Edenfield, Bruce) (Entered: 03/24/2006)

ORDER granting 85 Motion for Extension of Time for filing dispositive motions through FRIDAY, 4/28/06 . Signed by Judge Julie E. Carnes on 03/27/06. (kb) (Entered: 03/27/2006)

Submission of 84 MOTION to Withdraw Susan Walker Goico, Joseph Alan White as Attorney for Plaintiffs, submitted to District Judge Julie E. Carnes. (ddm) (Entered: 04/06/2006)

ORDER granting 84 Motion to Withdraw as Attorney. Attorneys Susan Walker Goico, Riette Van Laack, and Joseph Alan White are terminated as counsel of record for plaintiffs. Signed by Judge Julie E. Carnes on 4/11/06. (mas) (Entered: 04/12/2006)

STIPULATION of Dismissal With Prejudice (Joint between all parties) by Georgia Department of Community Health. (Edenfield, Bruce) (Entered: 06/26/2006)

Clerk's Entry of Dismissal approving 88 Stipulation of Dismissal With Prejudice. (ddm) (Entered: 06/27/2006)