Case: People First of Tennessee v. Neal

COMPLAINT (Summons(es) issued to be served to USAG); Filing fee paid in the amount of $150; Receipt # 78857 (bj) (Entered: 03/22/2001)

MOTION o/b/o pltfs for attorneys Judith Gran & Edward G. Connette to appear pro hac vice o/b/o pltfs (att'd certificates of good standing) (bj) (Entered: 03/22/2001)

CERTIFICATE of Good Standing filed from the USDC, Western District of N.C. by Edward G. Connette, atty for pltfs. (bj) (Entered: 03/22/2001)

NOTICE of Initial Case Management Conference: Case referred to Magistrate Judge E. C. Knowles ; Case Management Conference set for 11:00 a.m. on 5/31/01 (bj) (Entered: 03/22/2001)

PROPOSED Order granting pro hac vice status. (bj) (Entered: 03/22/2001)

PROPOSED Order granting pro hac vice status. (bj)

RETURN OF SERVICE executed upon deft Mark E. Reynolds on 3/23/01 by personal service. (dlt) (Entered: 03/26/2001)

RETURN OF SERVICE executed upon deft Vernon Coffey on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

RETURN OF SERVICE executed upon deft Education TN Dept on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

RETURN OF SERVICE executed upon deft TN Dept of Finance on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

RETURN OF SERVICE executed upon deft Barbara Brent on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

RETURN OF SERVICE executed upon deft C. Warren Neal on 3/21/01 by personal service. (dlt) (Entered: 03/26/2001)

PROPOSED Agreed Order extending answer ddl to 5/15/01. (bj) (Entered: 03/27/2001)

PROPOSED Agreed Order extending answer ddl to 5/15/01. (bj)

ORDER by Magistrate Judge E. C. Knowles: granting motion for attorneys Judith Gran & Edward G. Connette to appear pro hac vice o/b/o pltfs [2-1] (cc: all counsel) EOD 3/29/01 (bj) (Entered: 03/29/2001)

AGREED ORDER by Magistrate Judge E. C. Knowles: defts have until 5/15/01 to respond to the complaint. (cc: all counsel) EOD 4/2/01 (bj) (Entered: 04/02/2001)

MOTION by defts to dismiss complaint (bj) (Entered: 05/16/2001)

MEMORANDUM by defts C. Warren Neal, deft TN Dept of Finance, deft Barbara Brent, deft Mark E. Reynolds, deft Vernon Coffey and deft Education TN Dept in support of motion to dismiss complaint [13-1] (bj) (Entered: 05/16/2001)

CLERK'S RESUME: Case Management Conference held 5/31/01 ; mtn for ext of time to respond to mtn to dism will be granted; mtn to dism will be forwarded to Judge Echols for consideration; CMC to be cont'd for 60 days pending disp of mtn to dism; order to enter. C/R: Taped 2001-39 MK (bj) (Entered: 06/01/2001)

MOTION by pltf for extension of time to respond to motion to dismiss (bj) (Entered: 06/01/2001)

PROPOSED Order extending response ddl. (bj) (Entered: 06/01/2001)

PROPOSED Order extending response ddl. (bj)

ORDER by Magistrate Judge E. C. Knowles: counsel for the parties appeared for a CMC on 5/31/01; Case Management Conference reset for 11:00 a.m. 8/6/01 (cc: all counsel) EOD 6/4/01 (bj) (Entered: 06/04/2001)

ORDER by Magistrate Judge E. C. Knowles: granting motion for extension of time to respond to motion to dismiss [16-1]; pltf shall respond to defts' motion to dismiss complaint [13-1] by 6/20/01. (cc: all counsel) EOD 6/4/01 (bj) (Entered: 06/04/2001)

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 11:00 on 8/16/01. EOD 6/13/01 (cc: all counsel) (gi) (Entered: 06/13/2001)

MEMORANDUM IN OPPOSITION/RESPONSE by pltfs to motion to dismiss complaint [13-1] (bj) (Entered: 06/21/2001)

REPLY by defts in support of Motion to Dismiss [13-1] (bj) (Entered: 07/09/2001)

SUPPLEMENTAL Brief supplementing Memorandum [20-1] by pltfs in Opposition to defts' motion to dismiss. (bj) (Entered: 08/08/2001)

MOTION by pltfs to consolidate case with 3:00-cv-0655 or, in the alternative to intervene (att'd exhibit A) (bj) (Entered: 08/08/2001)

BRIEF/MEMORANDUM by pltfs in support of motion to consolidate case with 3:00-cv-0655 [23-1], or motion to intervene [23-2] (att'd exhibit A) (bj) (Entered: 08/08/2001)

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 10:00 a.m. 9/20/01 (cc: all counsel) EOD 8/21/01 (bj) (Entered: 08/21/2001)

RESPONSE by defts to motion to consolidate case with 3:00-cv-0655 [23-1] and motion to intervene [23-2] (bj) (Entered: 08/23/2001)

RESPONSE by pltfs to motion to consolidate case with 3:00-cv-0655 [23-1] or, alternitively motion to intervene [23-2] (bj) (Entered: 08/27/2001)

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 11:00 a.m. 11/5/01 (cc: all counsel) EOD 9/21/01 (bj) (Entered: 09/21/2001)

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 10:30 a.m. 12/6/01 (cc: all counsel) EOD 11/7/01 (bj) (Entered: 11/07/2001)

MEMORANDUM OF THE COURT (cc: all counsel) (EOD 4/2/02) (dlt) (Entered: 04/02/2002)

ORDER by Judge Robert L. Echols: For reasons explained in the Memorandum entered contemporaneously herewith, defts' motion to dismiss complaint [13-1] is denied. However, pltfs' motion to consolidate case with 3:00-cv-0655 [23-1] with member case 3:01-cv-272. Case referred to Magistrate Judge E. C. Knowles to immediately schedule a CMC. EOD 4/2/02 (cc: all counsel) (dlt) (Entered: 04/02/2002)

ORDER by Magistrate Judge E. C. Knowles; Case Management Conference set for 10:30 4/25/02; prior to the hearing, counsel for the parties are directed to confer on a proposed amended case management order, which shall be submitted prior to the case management conference. EOD 04/12/02 (cc: all counsel) (ot) (Entered: 04/12/2002)

PROPOSED Agreed Order continuing Case Management Conference to 05/16/02 at 11:00. (ot) (Entered: 04/26/2002)

PROPOSED Agreed Order continuing Case Management Conference to 05/16/02 at 11:00. (ot)

AGREED ORDER by Magistrate Judge E. C. Knowles; parties have agreed that the Case Management Conference should be continued and is reset for 11:00 5/16/02. EOD 04/30/02 (cc: all counsel) (ot) (Entered: 04/30/2002)

ORDER by Judge Robert L. Echols; Case consolidated for pretrial and discovery purposes with civil action no. 3:00-665. After discovery has concluded, the Court will determine whether these cases should be consolidated for trial. As the cases are not consolidated for trial purposes at this time, all pleadings filed in each case shall retain the caption and case number of that case and shall be filed only in the case to which each pleading pertains. EOD 05/07/02 (cc: all counsel) (ot) (Entered: 05/07/2002)

JOINT PROPOSED Case Management Plan. (ot) (Entered: 05/15/2002)

JOINT PROPOSED Case Management Plan. (ot)

CLERK'S RESUME; Case Management Conference held 5/16/02; proposed amended case management order submitted; dispositive motion ddl 01/13/03; non-jury trial set for 05/27/03 before Judge Echols; order to enter; settlement conference set before Magistrate Judge Knowles on 07/09/02 at 9:30. Order to enter. C/R : Tape No. 2002-33 MK (ot) (Entered: 05/17/2002)

JOINT CASE MANAGEMENT PLAN AND ORDER by Magistrate Judge E. C. Knowles; Discovery to be completed by 12/2/02; dispositive motion filing deadline 1/13/03; Jury trial set for 9:00 on 5/27/03 before Judge Echols. EOD 05/17/02 (cc: all counsel) (ot) (Entered: 05/17/2002)

ORDER by Magistrate Judge E. C. Knowles; settlement conference set for 9:30 7/9/02; by noon on 07/05/02, pltf and deft shall deliver under seal, directly to Marcia Knoch, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements which shall specify their respective positions. The parties shall exchange offers and demands prior to the settlement Conference. EOD 05/20/02 (cc: all counsel) (ot) Modified on 05/20/2002 (Entered: 05/20/2002)

ORDER by Judge Robert L. Echols; Trial set for 9:00 5/27/03; pretrial conference set for 1:00 4/28/03; pretrial order to be submitted by 4/23/03; witness lists, exhibit lists and stipulations to be filed by 04/23/03; motions in limine and any motions objecting to expert testimony to be filed by 04/14/03 and any responses to such motions to be filed by 04/23/03; proposed findings of fact and conclusions of law shall be submitted (not filed) to the Courtroom Deputy, Ms. Vicki Kinkade, as directed by the Court. EOD 06/19/02 (cc: all counsel) (ot) (Entered: 06/19/2002)

PROPOSED Agreed Order of continuance through 07/08/02 in which to file an answer. (ot) (Entered: 06/26/2002)

PROPOSED Agreed Order of continuance through 07/08/02 in which to file an answer. (ot)

AGREED ORDER of continuance by Magistrate Judge E. C. Knowles; defts shall have until 07/08/02 in which to file an answer in this matter. EOD 07/01/02 (cc: all counsel) (ot) (Entered: 07/01/2002)

ANSWER by defts Dr. Warren Neel, TN Dept of Finance and Administration, Richard Kellog, Manny Martins, Dr. Vernon Coffey and TN Dept. of Education to [1-1]. (ot) (Entered: 07/09/2002)

MOTION by pltfs for class action determination (w/proposed order) (ot) (Entered: 07/16/2002)

MEMORANDUM Of Law by pltfs in 3:01-cv-00272 in support of motion for class action determination [41-1]. (ot) (Entered: 07/17/2002)

RESPONSE by defts in opposition to motion for class certification [41-1]. (w/attached declaration of Joanna Damons) (ot) (Entered: 08/16/2002)

DECLARATION by defts of Joanna Damons re [43-1]. (ot) (Entered: 08/16/2002)

ORDER by Magistrate Judge E. C. Knowles; by 12:00 noon on 09/11/02 pltf and deft shall deliver under seal, directly to Ms. Marcia Knoch, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements; settlement conference set for 9:30 9/13/02. EOD 08/29/02 (cc: all counsel) (ot) (Entered: 08/29/2002)

CLERK'S RESUME; settlement conference held 9/13/02; parties were unable to reach a settlement agreement at this time; however, the parties will continue to talk, and plan to meet informally again on 10/01/02; parties will contact the Court if further settlement assistance is needed. (ot) (Entered: 09/17/2002)

PROPOSED Agreed Protective Order. (ot) (Entered: 10/16/2002)

PROPOSED Agreed Protective Order. (ot)

AGREED PROTECTIVE ORDER by Magistrate Judge E. C. Knowles: disclosure of any documents, whether written or electronic, produced by the state defts containing identifying information concerning any applicant or recipient of services is agreed to be confidential and shall be subject to the provisions of this agreement; any proper person to whom any information identified in paragraph 1 is disclosed under the terms of this agreement shall be provided a copy of this order and is directed not to reveal the contents thereof for any purpose other than as permited in this order or a subsequent order of this Court. The use of any information identified in paragraph 1 for any purpose other than the prepartaton and trial of the case or other proceedings related to this litigation is prohibited, except as allowed by statute or modified by subsequent order of this Court. EOD 10/25/02 (cc: all counsel) (ot) (Entered: 10/25/2002)

PROPOSED Joint Agreed Amended Case Management Order (jb) (Entered: 12/02/2002)

PROPOSED Joint Agreed Amended Case Management Order (jb)

JOINT AGREED AMENDED CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles; parties will conduct fact discovery until 01/03/03; dispositive motions to be filed by 2/18/03; case is set for trial before Honorable Robert Echols on 05/27/03 at 9:00. EOD 12/04/02 (cc: all counsel) (ot) (Entered: 12/04/2002)

MOTION by pltfs for summary judgment (w/proposed order) (gi) (Entered: 02/18/2003)

MOTION by pltfs for leave to file memorandum in excess of 25 pages (w/attached memorandum in support of mtn for summary judgment, statement of uncontested material facts, ntc of filing & proposed order) (gi) (Entered: 02/18/2003)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 2/19/03 (gi) (Entered: 02/19/2003)

ORDER by Judge Robert L. Echols denying motion for class action determination [41-1] and denying mtn to consolidate [23-1] with respect to the request for consolidation of the instant case with civil action 3:00-0665 for trial purposes for reasons explained in the accompanying memorandum. Case referred to Magistrate Judge E. C. Knowles for further case management. EOD 2/19/03 (cc: all counsel) (gi) (Entered: 02/19/2003)

MOTION by defts for summary judgment (gi) (Entered: 02/20/2003)

MEMORANDUM by defts in support of motion for summary judgment [53-1] (w/attachments) (gi) (Entered: 02/20/2003)

STATEMENT of undisputed facts by defts in support of [53-1] (gi) (Entered: 02/20/2003)

NOTICE by defts of filing documents: excerpts of depositions of Damons, Dungan, Martins and Tighe and declaration of Kellogg (gi) (Entered: 02/20/2003)

DECLARATION of Richard Kellogg re [53-1] (w/exhibits 1-4) (gi) (Entered: 02/20/2003)

ORDER by Magistrate Judge E. C. Knowles granting motion for leave to file memorandum in excess of 25 pages [50-1]. EOD 2/26/03 (cc: all counsel) (gi) (Entered: 02/26/2003)

MEMORANDUM by pltfs in support of motion for summary judgment [49-1] (gi) (Entered: 02/26/2003)

STATEMENT of uncontested material facts by pltfs in support of [49-1] (gi) (Entered: 02/26/2003)

JOINT NOTICE by pltfs of filing of documents (1-14) in support of mtns for summary judgment in civil action nos. 3:00-0665 and 3:01-0272 (documents 1-14 are filed in 3:00-0665) (gi) (Entered: 02/26/2003)

RESPONSE by defts in opposition to motion for summary judgment [49-1]. (ot) (Entered: 03/18/2003)

NOTICE by defts of filing of declarations of Joanna Damons, Kathleen Dungan and Kellie Mccain re [62-1]. (w/attached copy of declartion of Joanna Damons and originals of Kathleen Dungan and Kellie Mccain) (ot) (Entered: 03/18/2003)

DECLARATION by defts of Kathleen Dungan re [62-1] (ot) (Entered: 03/18/2003)

DECLARATION by defts of Kellie McCain re [62-1] (ot) (Entered: 03/18/2003)

RESPONSE by defts to statement of uncontested material facts [60-1]. (ot) (Entered: 03/18/2003)

RESPONSE by pltfs in opposition to motion for summary judgment [53-1] (ot) (Entered: 03/18/2003)

RESPONSE by pltfs to statement of undisputed material facts [55-1] (ot) (Entered: 03/18/2003)

REPLY by defts in support of motion for summary judgment [53-1] (ot) (Entered: 04/01/2003)

REPLY by pltfs to response in opposition to motion for summary judgment [49-1] (ot) (Entered: 04/01/2003)

RENEWED MOTION by pltfs for class certification (ot) (Entered: 04/07/2003)

MEMORANDUM by pltfs in support of renwed motion for class certification [71-1] (ot) (Entered: 04/07/2003)

ORDER by Magistrate Judge E. C. Knowles: The Court has been advised that the parties are ready for trial and that there is no need for further case management proceedings before the Magistrate Judge. The Clerk is directed forward the file to Judge Echols. There will be no further proceedings before the Magistrate Judge. (cc: all counsel) EOD 4/15/03 (vh) (Entered: 04/15/2003)

RESPONSE by defts in opposition to renewed motion for class certification [71-1] (vh) (Entered: 04/21/2003)

WITNESS/EXHIBIT list by defts (vh) (Entered: 04/23/2003)

WITNESS/EXHIBIT list by pltfs (vh) (Entered: 04/24/2003)

STIPULATIONS submitted by parties (vh) (Entered: 04/24/2003)

JOINT PROPOSED Pretrial Order (vh) (Entered: 04/24/2003)

JOINT PROPOSED Pretrial Order (vh)

CLERK'S RESUME: Pretrial conference held 5/2/03. Court is prepared to issue orders denying pending mtns for summary judgment. Court proposed discussion of consolidating cases which are presently consolidated for discovery for trial. Trial time estimated as 6-8 days. Court will contact mediator Norris and set up meeting at mutually convenient time. Trial date will probably be continued with the understanding that trial could be reset the end of Sept or mid November. C/R: Cathy Leigh (gi) (Entered: 05/05/2003)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 5/7/03 (vh) (Entered: 05/07/2003)

ORDER by Judge Robert L. Echols: For the reasons stated in the memorandum entered contemporaneously entered herewith pltfs' renewed motion for class certification [71-1] is granted in part and denied in part. Pltfs' request to certify subclass four is granted, but denied in all other respects. Pltfs' motion for summary judgment [49-1] is denied. Defts' motion for summary judgment [53-1] is denied. (cc: all counsel) EOD 5/7/03 (vh) (Entered: 05/07/2003)

PROPOSED Settlement Agreement (vh) (Entered: 12/18/2003)

PROPOSED Stipulation of Settlements and Order of Provisional Approval of Settlement Agreements (w/attached exhibits A−C)(Exhibit A−Settlement Agreement in 3:00−0665; Exhibit B−Settlement Agreement in 3:01−0272; Exhibit C−Ntc of Proposed Settlements of Class Action Lawsuits in both actions) (gi) (Entered: 01/07/2004)