177 F.Supp.2d 78

U. S. Court of Appeals for the First Circuit

308 F.3d 79

COMPLAINT filed with Motions for In Forma Pauperis (bc) (Entered: 12/01/1999)

MOTION by Bonnie Bryson to Proceed in Forma Pauperis with financial affidavit. (bc) (Entered: 12/01/1999)

MOTION by Claire Shepardson to Proceed in Forma Pauperis with financial affidavit. (bc) (Entered: 12/01/1999)

SUMMONS issued for HHS NH, Developmental Svs (bc)

ENDORSED ORDER granting [2-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge James R. Muirhead ) (bc)

ENDORSED ORDER granting [3-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge James R. Muirhead ) (bc)

AMENDED COMPLAINT by Bonnie Bryson, Claire Shepardson amending [1-1] complaint (jab) (Entered: 12/02/1999)

WAIVER OF SERVICE Executed as to HHS NH, Developmental Svcs ; waiver mailed 12/2/99 ; Answer due on 2/3/00 for Developmental Svcs, for HHS NH (jab) (Entered: 01/04/2000)

ANSWER to Complaint [4-1] by HHS NH, Developmental Svcs (Attorney Suzanne M. Gorman) (jab) (Entered: 02/01/2000)

PRETRIAL CONFERENCE set at 4:00 3/6/00 ; Discovery Plan Deadline set to 3/2/00 before: Judge McAuliffe (jab)

Proposed Discovery Plan (amm) (Entered: 03/01/2000)

ENDORSED ORDER DISCOVERY PLAN ***Case track set--STNDRD granting [7-1] discovery plan . Ready for Bench trial deadline set for 6/1/01 ; SJ Motion Deadline set to 2/15/01 Discovery deadline set to 2/1/01 Length of Trial: 3/4 days ( signed by Judge Steven J. McAuliffe ). (amm)

Stipulation by all parties re: Class Certification (jab) (Entered: 05/22/2000)

ASSENTED-TO MOTION by the parties for Protective Order no memo; with Protective Order attached (jab) (Entered: 05/22/2000)

ENDORSED ORDER granting/approving [8-1] stipulation re: Class Certification ( signed by Judge Steven J. McAuliffe ) (jab)

ORDER granting [9-1] motion for Protective Order, good cause having been shown ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 06/28/2000)

TRIAL NOTICE. Joint mediation statement due 3/8/01 ; Final Pretrial Statements Due 5/14/01 ; Final Pretrial Conference set for 2:00 5/23/01 ; Bench Trial set for 2-week period beginning 9:00 6/5/01 LR 16.2(e) Objections Due: 5/21/00. ( before Judge Steven J. McAuliffe ) (jab)

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Amend Pretrial [0-0] order as to disclosure of pltfs' experts; to 1/1/01; disclosure of defts' experts to 2/15/01; discovery deadline to 5/1/01; motions for summary judgment deadline to 3/1/01 no memorandum. (jab) (Entered: 09/19/2000)

ENDORSED ORDER granting [11-1] motion to Amend Pretrial [0-0] order as to disclosure of pltfs' experts to 1/1/01; disclosure of defts' experts to 2/15/01; discovery deadline to 5/1/01; motions for summary judgment deadline to 3/1/01, reset Discovery deadline to 5/1/01, reset Summary Judgment Motion deadline to 3/1/01 ( signed by Judge Steven J. McAuliffe ) (jab)

NOTICE of substitute attorney for Bonnie Bryson, Claire Shepardson . Terminated attorney Ronald K. Lospennato for Claire Shepardson, attorney Ronald K. Lospennato for Bonnie Bryson **Substituted attorney Sheila O'Leary Zakre as lead counsel; Amy B. Messer is also substituted as co-counsel. All notices shall go to Atty Zakre. (jab) Modified on 12/04/2000 (Entered: 12/04/2000)

MOTION by Bonnie Bryson, Claire Shepardson to Amend [0-0] pretrial order order with assented (jab) (Entered: 12/04/2000)

ENDORSED ORDER granting [13-1] motion to Amend [0-0] pretrial order order: pltf to disclose experts/reports by 3/15/01; defts to disclose experts/reports by 5/1/01; motion for summary judgment to be filed 7/15/01; discovery to closed 6/15/01. reset Discovery deadline to 6/15/01, reset Motion Filing deadline to 7/15/01 for Developmental Svcs, for HHS NH, for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

AMENDED TRIAL NOTICE. Joint mediation statement due 8/1/01 ; Final Pretrial Statements Due 10/12/01 ; Final Pretrial set for 9:00 10/22/01 ; Bench Trial set for 2-week period beginning 9:00 10/30/01 LR 16.2(e) Objections Due: 10/19/01. ( before Judge Steven J. McAuliffe ) (jab)

ASSENTED TO MOTION by HHS NH, Developmental Svcs to Extend Time to disclose experts to 5/31/01 (amm) (Entered: 05/02/2001)

Addendum by defendant HHS NH, defendant Developmental Svcs to [14-1] motion to Extend Time to disclose experts to 5/31/01 - pltf only assents to an extention to 5/21 not to 5/31 (dae) (Entered: 05/04/2001)

OBJECTION by HHS NH, Developmental Svcs to [14-1] motion to Extend Time to disclose experts to 5/31/01 (dae) (Entered: 05/04/2001)

ENDORSED ORDER granting [14-1] motion to Extend Time to disclose experts to 5/31/01 ( signed by Judge Steven J. McAuliffe ) (amm)

ASSENTED TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Discovery deadline to 6/29/01 and filing of summary judgment motions to 7/29/01 (amm) (Entered: 06/12/2001)

ENDORSED ORDER granting [17-1] motion to Extend Discovery deadline to 6/29/01 and filing of summary judgment motions to 7/29/01, reset Discovery deadline to 6/29/01, reset Summary Judgment Motion deadline to 7/29/01 ( signed by Judge Steven J. McAuliffe ) (amm)

MOTION by HHS NH, Developmental Svcs to Exceed Page Limit in Memorandum of Law in Support of Motion for Summary Judgment no memorandum. (jab) (Entered: 07/30/2001)

MOTION by HHS NH, Developmental Svcs for Summary Judgment On All Counts with memorandum submitted with motion to exceed page limit. Objection to summary judgment deadline 9/4/01 (jab) (Entered: 07/31/2001)

MOTION by Bonnie Bryson, Claire Shepardson for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56 on Counts II, VI and VII of the Complaint with memorandum and bound indices (2 Volumes). Objection to summary judgment deadline 9/4/01 (jab) (Entered: 07/31/2001)

ENDORSED ORDER granting [18-1] motion to Exceed Page Limit in Memorandum of Law in Support of Motion for Summary Judgment ( signed by Judge Steven J. McAuliffe ) (jab)

MEMORANDUM by HHS NH, Developmental Svcs in support of/to [19-1] motion for Summary Judgment On All Counts with bound exhibits (jab) (Entered: 08/01/2001)

JOINT Mediation Statement: Pltf is willing to submit the case to mediation provided there is no cost to the Pltfs; Defts feel that this case is not the type of case that would be amenable to mediation through the Court's ADR. (jab) (Entered: 08/01/2001)

OBJECTION with memorandum by HHS NH, Developmental Svcs to [20-1] motion for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56 on Counts II, VI and VII of the Complaint (amm) (Entered: 08/29/2001)

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Exceed page limit of memo/objection to motion for summary judgment no memorandum. (jab) (Entered: 09/05/2001)

ENDORSED ORDER granting [24-1] motion to Exceed page limit of memo/objection to motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (jab)

OBJECTION with memorandum incorporated therein and Exhibits 1-31 (bound, 2 vols) by Bonnie Bryson, Claire Shepardson to [19-1] motion for Summary Judgment On All Counts (jab) (Entered: 09/05/2001)

Addendum/add'l documents to be appended to Exhibt 3, Chmura Affidavit, submitted in support of pltfs' objection to Defts' motion for summary judgment by plaintiff Bonnie Bryson, plaintiff Claire Shepardson to [25-1] motion objection (jab) (Entered: 09/12/2001)

REPLY by HHS NH, Developmental Svcs to objection to [19-1] motion for Summary Judgment On All Counts (jab) (Entered: 09/19/2001)

MOTION by Bonnie Bryson, Claire Shepardson for Leave to File Supplementary Objection to Defts' Motion for SUmmary Judgment no memorandum; with Supplementary Objection attached. Objection to Motion Deadline 10/22/01 (jab) (Entered: 10/01/2001)

PRETRIAL MATERIAL filed by HHS NH, Developmental Svcs . (amm) (Entered: 10/15/2001)

Request for Findings of Fact and Rulings of Law by defendant HHS NH, defendant Developmental Svcs (amm) (Entered: 10/15/2001)

MOTION by HHS NH, Developmental Svcs to Extend Time to file trial memorandum until after ruling on motion for summary judgment Objection to Motion Deadline 11/1/01 (amm) (Entered: 10/15/2001)

PRETRIAL MATERIAL filed by Bonnie Bryson, Claire Shepardson . (amm) (Entered: 10/15/2001)

Request for Findings of Fact and Rulings of Law by plaintiff Bonnie Bryson, plaintiff Claire Shepardson (amm) (Entered: 10/15/2001)

TRIAL MEMORANDUM by Bonnie Bryson, Claire Shepardson (amm) (Entered: 10/15/2001)

OBJECTION with memorandum by Bonnie Bryson, Claire Shepardson to [31-1] motion to Extend Time to file trial memorandum until after ruling on motion for summary judgment (jab) (Entered: 10/16/2001)

OBJECTION by Bonnie Bryson, Claire Shepardson to [30-1] findings of fact request, [29-1] pre-trial material (witness list; exhibit list . (jab) (Entered: 10/22/2001)

OBJECTION by HHS NH, Developmental Svcs to [34-1] response, [33-1] findings of fact request, [32-1] pre-trial material . (jab) (Entered: 10/22/2001)

FINAL PRETRIAL CONFERENCE held on 2:00 10/22/01 before Judge Steven J. McAuliffe (jab)

/// ORDER granting in part, denying in part [20-1] motion for Partial Summary Judgment on Counts II, VI and VII of the Complaint - Granted as to Count VII, denied as to Count II, and moot as to Count VI; // granting in part, denying in part [19-1] motion for Summary Judgment On All Counts - granted as to Counts I and V, denied as to Counts II, III, IV, and VII, and moot as to Count VI. Accordingly, this case shall proceed to trial on Counts II, III and IV. Trial is now set to begin at 9:00 a.m. on 12/3/01. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 10/23/2001)

ENDORSED ORDER granting [28-1] motion for Leave to File Supplementary Objection to Defts' Motion for SUmmary Judgment - no objection ( signed by Judge Steven J. McAuliffe ) (jab)

SUPPLEMENTAL OBJECTION/BASED ON MATERIAL DOCUMENTS DEFENDANTS RECENTLY PROVIDED PLAINTIFFS P by Bonnie Bryson, Claire Shepardson to [19-1] motion for Summary Judgment On All Counts . (jab) (Entered: 10/23/2001)

FINAL PRETRIAL ORDER; Evidence will begin on 12/3/01; parties estimate trial will require approximately 3 days. Witness list; premarked exhibits to be filed by 11/30/01. reset Bench Trial for 9:00 12/3/01, set Notice of Compliance deadline to 11/30/01 for Developmental Svcs, for HHS NH, for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab) Modified on 10/26/2001 (Entered: 10/23/2001)

ENDORSED ORDER granting [31-1] motion to Extend Time to file trial memorandum until after ruling on motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (jab)

TRIAL MEMORANDUM by HHS NH, Developmental Svcs (amm) (Entered: 11/08/2001)

PRETRIAL CONFERENCE before: Judge McAuliffe set at 2:30 11/28/01 . (jab)

PRETRIAL CONFERENCE before: Judge McAuliffe held (jab)

Stipulated Facts by Bonnie Bryson, Claire Shepardson, HHS NH, Developmental Svcs (jab) (Entered: 11/30/2001)

ENDORSED ORDER approving/granting [42-1] stipulation ( signed by Judge Steven J. McAuliffe ) (jab)

/// ORDER: Declaratory Judgment is granted as to Count II of pltfs' motion for summary judgment; Court does not reach Counts II and IV and finds them moot; Court shall enter judgment in accorance with this Order. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 12/10/2001)

JUDGMENT is hereby entered in accordance with the Orders of Judge Steven J. McAuliffe dated October 23, 2001 and December 10, 2001, and the Stipulated Facts approved by Judge Steven J. McAuliffe dated December 10, 2001. (Signed by Clerk James R. Starr) (jab) (Entered: 12/10/2001)

Case closed (jab)

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Time in which to file pltfs' motion for reasonable attorney's fees to 1/9/02 no memorandum. (jab) (Entered: 12/21/2001)

ENDORSED ORDER granting [45-1] motion to Extend Time in which to file pltfs' motion for reasonable attorney's fees to 1/9/02, set Motion Filing deadline to 1/9/02 for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Time to 1/22/02, or For a Stay Pending Appeal re: Pltfs' Motion for Reasonable Attorney's Fees no memorandum. (jab) (Entered: 01/08/2002)

ENDORSED ORDER granting [46-1] motion to Extend Time to 1/22/02, mooting [46-2] motion For a Stay Pending Appeal re: Pltfs' Motion for Reasonable Attorney's Fees, reset Motion Filing deadline to 1/22/02 for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

NOTICE OF APPEAL by HHS NH, Developmental Svcs . Filing fee $ 105.00 ; receipt # 21099. File-stamped copy to parties/CCA with Appeal Information Sheet. (jab) Modified on 01/24/2002 (Entered: 01/10/2002)

ASSENTED-TO MOTION by HHS NH, Developmental Svcs For Partial Stay of Judgment Pending Appeal no memorandum. (jab) (Entered: 01/10/2002)

ENDORSED ORDER granting [48-1] motion For Partial Stay of Judgment Pending Appeal ( signed by Judge Steven J. McAuliffe ) (jab)

Appeal record sent to CCA with Clerk's certificate on [47-1] appeal by Developmental Svcs, HHS NH -- transmitting documents: 1-48 (jab)

NOTICE of Docketing Record on Appeal from First Circuit Court of Appeals Re: [47-1] appeal by Developmental Svcs, HHS NH . CCA NUMBER: 02-1059 (jab)

OPINION of CCA Re: [47-1] appeal. CCA reversed the district court's ruling that the waiver plan must include 200 slots, vacated the notice ruling and the injunction, and remanded the other two issues. (jab) (Entered: 10/18/2002)

Addendum/Errata sheet from CCA amending [49-1] cca opinion (Page 3, Line 6) (jab) (Entered: 10/18/2002)

MANDATE OF CCA Re: [47-1] appeal - the district court's ruling that the waiver plan must include 200 slots is reversed, and the notice ruling and the injunction are vacated. The matters are remanded for further proceedings not inconsistent with the opinion issued. (jab) (Entered: 11/06/2002)

Record on appeal returned from U.S. Court of Appeals: [47-1] appeal by Developmental Svcs, HHS NH (jab)

Case reopened (jab)

Status conference set at 10:00 12/18/02 before: Judge McAuliffe (jab)

Terminated Document [47-1] appeal - returned from CCA (jab)

Status conference held before: Judge McAuliffe in chambers. (jab)

ORDER, plaintiffs to advise the Court and defendants as to what legal and factual issues remain; dispositive motions to be filed by 2/20/03 if appropriate; responses to be filed by 4/4/03. set Notice of Compliance deadline to 1/31/03 for Claire Shepardson, for Bonnie Bryson, set Dispositive Motion deadline to 2/20/03, Response deadline set for 4/4/03 for Claire Shepardson, for Bonnie Bryson ( signed Judge Steven J. McAuliffe ) (jar) (Entered: 01/27/2003)

NOTICE by Bonnie Bryson, Claire Shepardson RE Remaining Legal and Factual Issues (jar) (Entered: 02/03/2003)

MOTION by HHS NH, Developmental Svcs to Extend Time to 3/20/03 to File Motions for Summary Judgment with assent, no memorandum served on: 2/20/03. (jar) (Entered: 02/21/2003)

MOTION by HHS NH, Developmental Svcs for Summary Judgment with memorandum served on: 3/20/03. Objection to summary judgment deadline 4/22/03 (jar) (Entered: 03/21/2003)

ENDORSED ORDER granting [54-1] motion to Extend Time to 3/20/03 to File Motions for Summary Judgment nunc pro tunc. ( signed by Judge Steven J. McAuliffe ) (jar)

MOTION by Bonnie Bryson, Claire Shepardson to Extend Time to 6/2/03 to File Objection to Motion for Summary Judgment with assent, no memorandum; served on: 4/17/03. (jar) (Entered: 04/22/2003)

ENDORSED ORDER granting [56-1] motion to Extend Time to 6/2/03 to File Objection to Motion for Summary Judgment, reset Objection to summary jgm deadline reset to 6/2/03 [55-1] motion for Summary Judgment ( signed by Judge Steven J. McAuliffe ) (jar)

MOTION by Bonnie Bryson, Claire Shepardson for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment with memo and exhibits volume 1 and 2; served on: 6/2/03. Objection to summary judgment deadline 7/7/03 (jar) Modified on 06/03/2003 (Entered: 06/03/2003)

MOTION by Bonnie Bryson, Claire Shepardson to Exceed Page Limitations with assent; no memo; served on: 6/2/03. (jar) (Entered: 06/03/2003)

ENDORSED ORDER granting [58-1] motion to Exceed Page Limitations re: objection to motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (amm)

MOTION by HHS NH, Developmental Svcs to Strike [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment no memo; served on: 6/5/03. Objection to Motion Deadline 6/24/03 (jar) (Entered: 06/06/2003)

MOTION by Bonnie Bryson, Claire Shepardson to Substitute a Corrected Memo in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Objection to Defendants' Motion for Summary Judgment Dated March 20, 2003 with assent; corrected memo attached; served on: 6/9/03. (jar) (Entered: 06/10/2003)

ENDORSED ORDER granting [60-1] motion to Substitute a Corrected Memo in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Objection to Defendants' Motion for Summary Judgment Dated March 20, 2003 ( signed by Judge Steven J. McAuliffe ) (jar)

CORRECTED MEMORANDUM by Bonnie Bryson, Claire Shepardson in support of [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion Summary Judgment (jar) (Entered: 06/11/2003)

OBJECTION with no memo statement by Bonnie Bryson, Claire Shepardson to [59-1] motion to Strike [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment . Date of service of objection was 6/16/03 (jab) (Entered: 06/16/2003)

MOTION by Bonnie Bryson, Claire Shepardson for Leave to File Notice of New Authority with assent; no memo; notice attached; served on: 8/13/03. (jar) (Entered: 08/18/2003)

ENDORSED ORDER granting [63-1] motion for Leave to File Notice of New Authority ( signed by Judge Steven J. McAuliffe ) (jar)

RESPONSE/NOTICE of New Authority by Bonnie Bryson, Claire Shepardson to [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment . (jar) (Entered: 08/29/2003)