Case: Connor B. v. Patrick

1:10-cv-30073 | U.S. District Court for the District of Massachusetts

Filed Date: April 15, 2010

Closed Date: 2014

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Case Summary

On April 15, 2010, plaintiffs filed a class action lawsuit against the Commonwealth of Massachusetts in the United States District Court for the District of Massachusetts on behalf of all children who are now or will be in the foster care custody of the Massachusetts Department of Children and Families ("DCF") as a result of abuse or neglect. Plaintiffs sought declaratory and injunctive relief. Specifically, Plaintiffs alleged that the Massachusetts foster care system is causing physical and psychological harm to the children within the system. Plaintiffs claimed that DCF harmed children through a high rate of child abuse and neglect within the system, a high degree of placement instability, a low rate of adoption from foster care, overadministration of psychiatric medication, not adequately preparing foster children to live independently as adults, and further abuse and neglect after reunification with their families. Plaintiffs alleged that these harms to children were caused by Defendants' failure to effectively manage the agency's workforce, resources and practices. Plaintiffs claimed that DCF and state officials had long been aware of the systemic failings of the program but had failed to remedy the situation.

On August 20, 2010, Defendants filed a joint Motion to Dismiss Under Rule 12(b)(1) and 12(b)(6). Defendants attacked the sufficiency of Plaintiffs' allegations and offered three threshold arguments: (1) that Plaintiffs lacked standing; (2) that the court should abstain from hearing the case pursuant to Younger v. Harris, 401 U.S. 37 (1971); and (3) that the doctrine of sovereign immunity bars all claims as to Defendant Patrick. On January 4, 2011, the Court (Senior Judge Michael A. Ponsor) denied Defendants' Motions to Dismiss. Connor B. ex rel. Vigurs v. Patrick, 771 F. Supp. 2d 142 (D. Mass. 2011).

On February 28, 2011, the Court (Judge Ponsor) granted Plaintiffs' Motion to Certify Class and Appoint Class Counsel, holding that all necessary requirements to certify this Rule 23(b)(2) class were satisfied. Connor B. ex rel. Vigurs v. Patrick, 272 F.R.D. 288 (D. Mass. 2011). Following the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Defendants moved to decertify the Plaintiff class. The Defendants argued that the Plaintiff class no longer met the higher burden for class certification that Wal-Mart imposed. On November 10, 2011, the Court (Judge Ponsor) denied the motion, holding that (1) the Wal-Mart case had "little explicit application to this much different case," and (2) that Defendants' motion was "the substantive equivalent of an appeal," and was therefore untimely, as it was filed seven months after the original certification order. Connor B. ex rel. Vigurs v. Patrick, 278 F.R.D. 30 (D. Mass. 2011).

Over the next year, the parties completed fact and expert discovery. On October 18, 2012, with trial scheduled for January 2013, the Defendants moved to change venue. The Defendants argued that having a trial in Springfield would be burdensome for DCF officials who would be forced to travel to testify, and asked the Court to transfer the case to the Eastern Division in Boston. On November 14, 2012, the District Court (Judge Ponsor) granted Defendant's order of transfer, vacated the scheduling order, and transferred the case to Boston.

The case was reassigned to District Judge William G. Young. The Court (Judge Young) largely reinstated the original scheduling order and set a trial date for January 22, 2013. Jut eleven days before trial, the Court denied Defendants' motion for partial summary judgment, "not on the merits, but as a matter of judicial economy," and indicated he would rule on all claims at trial.

The bench trial before Judge Young commenced on January 22, 2013 and continued intermittently over the next few months. Plaintiffs rested their case on March 1, 2013. On April 30, 2013, Defendants moved for judgment on partial findings. The Court continued to take evidence at trial, and adjourned on May 14, 2013, following twenty-four days of trial.

On September 30, 2013, the District Court (Judge Young) entered an order granting Defendants' motion for judgment on partial findings and entered judgment for Defendants on all counts. The Court, however, did not accompany his order with an opinion, and instead stated that "[t]he parties ought rest assured, however, that a memorandum setting forth the relevant findings of fact and conclusions of law, as required by Federal Rule of Civil Procedure 52(c), is to follow in due course."

Nearly two months later, on November 26, 2013, the Court (Judge Young) issued its findings and rulings. The Court was very critical of the state of the Massachusetts foster care system, but stated that Defendants were not responsible for the shortcomings. Instead, the Court stated that "financial and administrative constraints - not the alleged mismanagement by DCF officials - pose the greatest threat to children in the Massachusetts foster care system today." In applying the two-pronged substantive due process standard formulated by Judge Ponsor, Judge Young held that (1) DCF did not substantially depart from accepted professional judgment, and (2) the conduct of the state with respect to foster children did not "shock the conscience." The Court stated that, while the accounts of the Named Plaintiffs were "harrowing," Plaintiffs failed to prove that "the deprivations complained of were felt class-wide." Connor B. ex rel. Vigurs v. Patrick, 985 F. Supp. 2d 129 (D. Mass. 2013).

Plaintiffs appealed the decision to the United States Court of Appeals for the First Circuit. Plaintiffs argued that: (1) the District Court erred in applying a new, two-pronged standard for Plaintiffs' substantive due process claims; (2) the District Court erred in holding that Plaintiffs did not experience class-wide professional deprivations, and that such deprivations did not depart from accepted professional judgment; and (3) that the District Court improperly relied on fiscal considerations in denying Plaintiffs relief. Defendants, for their part, argued that DCF was imperfect, but that their failures did not rise to the level of a constitutional violation.

On December 15, 2014, the United States Court of Appeals for the First Circuit affirmed the District Court's granting of judgment on partial findings. The Court stated that Plaintiffs "have not established, based on the facts, that there have been constitutional violations as to the class of foster children, [and] so they are not entitled to an injunction or federal court oversight." The Court held that, even if applying the two-pronged substantive due process standard was error, Plaintiffs failed to meet the lower standard that they sought: departure from accepted professional judgment. Furthermore, the Court of Appeals held that the District Court did not improperly rely on budget constraints to deny Plaintiffs relief--it did not find that there were violations and then excuse them by budgetary constraints. It found, in the first instance, that there were no constitutional violations. The Court stated that "[t]he problems are now for the Governor and legislature of Massachusetts to resolve." Connor B. ex rel. Vigurs v. Patrick, 774 F.3d 45 (1st Cir. 2014).

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Summary Authors

David Priddy (6/24/2011)

Dan Whitman (2/1/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4862917/parties/b-v-patrick/

Judge(s)

Attorney for Plaintiff

Bartosz, Sara Michelle (New York)

Borten, Laurence D. (New York)

Attorney for Defendant

Barshak, Jason B. (Massachusetts)

Bayless, Jeremy D. (Massachusetts)

Expert/Monitor/Master/Other

Aleo, Michael E. (Massachusetts)

Judge(s)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Neiman, Kenneth P. (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Young, William G. (Massachusetts)

Attorney for Plaintiff

Bartosz, Sara Michelle (New York)

Borten, Laurence D. (New York)

Fox, Emily G. (Massachusetts)

Gleason, Daniel (Massachusetts)

Gretter, Elizabeth Pitman (New York)

Lambiase, Susan (New York)

Lowry, Marcia Robinson (New York)

Morrow, Kara (New York)

Nili, Rachel Brodin (New York)

Persky, Jonathan D. (Massachusetts)

Polansky, Jessica E. (New York)

Russo, Sarah (New York)

Ryan, Mary K. (Massachusetts)

Attorney for Defendant

Barshak, Jason B. (Massachusetts)

Bayless, Jeremy D. (Massachusetts)

Coakley, Martha (Massachusetts)

Collins, Jeffrey T. (Massachusetts)

Joseph, Steven H (Massachusetts)

Killian, Bryan G. (Massachusetts)

Quinan, Robert L. Jr. (Massachusetts)

Spector, Amy (Massachusetts)

Tran, Liza J. (Massachusetts)

Expert/Monitor/Master/Other

Aleo, Michael E. (Massachusetts)

Carter, Christopher L. (Massachusetts)

Flaherty, Bethany J. (Massachusetts)

Greenberg, Michael S. (Massachusetts)

Klibaner, Alexander (Massachusetts)

Tanikella, Sujata M. (Massachusetts)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:10-cv-30073	Docket	Jan. 7, 2015	Jan. 7, 2015 Docket
1 1:10-cv-30073	Complaint	April 15, 2010	April 15, 2010 Complaint
17 1:10-cv-30073	Motion to Dismiss As to the Governor	Aug. 20, 2010	Aug. 20, 2010 Pleading / Motion / Brief
18 1:10-cv-30073	Defendants' Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)	Aug. 20, 2010	Aug. 20, 2010 Pleading / Motion / Brief
43 1:10-cv-30073	Memorandum and Order Regarding Defendant Patrick's Motion to Dismiss and Defendants' Motion to Dismiss	Jan. 4, 2011	Jan. 4, 2011 Order/Opinion 771 F.Supp.2d 142
49 1:10-cv-30073	Memorandum and Order Regarding Plaintiffs' Motion to Certify Class and Appoint Class Counsel	Feb. 28, 2011	Feb. 28, 2011 Order/Opinion 272 F.R.D. 288
79 1:10-cv-30073	Memorandum and Order Regarding Defendants' Motion to Decertify Plaintiffs' Class and Defendants' Motion to Stay Discovery Pending a Ruling on their Motion to Decertify the Class	Nov. 10, 2011	Nov. 10, 2011 Order/Opinion 278 F.R.D. 30
373 1:10-cv-30073	Findings and Rulings	Nov. 22, 2013	Nov. 22, 2013 Order/Opinion 985 F.Supp.2d 129
00116776092 13-02467	First Circuit Opinion U.S. Court of Appeals for the First Circuit	Dec. 15, 2014	Dec. 15, 2014 Order/Opinion 774 F.3d 45

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Resources

Title	Description		External URL Date / External URL
Connor v. Patrick National Center for Youth Law	This class action lawsuit was filed against the Massachusetts Governor, the Secretary of the Massachusetts Executive Office of Health and Human Services, and the Commissioner of the Massachusetts Dep…	Nov. 18, 2016	Nov. 18, 2016 https://web.archive.org/...
MA - Connor B. v. Patrick Children's Rights	Children’s Rights, along with co-counsel Nutter McClennen & Fish LLP, filed this case against Deval L. Patrick, in his official capacity as Governor of the Commonwealth of Massachusetts; JudyAnn Bigb…	April 15, 2010	April 15, 2010 https://www.childrensrights.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4862917/b-v-patrick/

Last updated April 7, 2025, 11:28 a.m.

ECF Number	Description	Date	Link Date / Link
	Notice of correction to docket made by Court staff. Correction: Document 2 motion to certify class and motion for Appointment of Class Counsel. corrected because: To add the relief − Motion to Appoint Class Counsel and to delete the memorandum and affidavit that were attachments and to docket them individually. (Finn, Mary) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
	Case Assigned to Judge Michael A Ponsor. Counsel are directed to the Court's Standing Orders re: Electronic Case Filing. Consent Form mailed to counsel. (Finn, Mary) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
	Summons Issued as to Judyann Bigby, Angelo McClain, Deval L. Patrick issued by the Court. (Finn, Mary) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
1	COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-2866458 (Fee Status: Filing Fee paid), filed by Connor B., Rakeem D., Camila R., Adam S., Andre S., Seth T.. (Attachments: # 1 Civil Cover Sheet Civil Action Cover Sheet, # 2 Category Form)(Gleason, Daniel) (Attachment 1 replaced on 4/15/2010) (Finn, Mary). (Entered: 04/15/2010)	April 15, 2010	April 15, 2010 Clearinghouse
2	MOTION to Certify Class and Appointment of Class Counsel by Connor B., Rakeem D., Camila R., Adam S., Andre S., Seth T.. (Attachments: Added MOTION to Appoint of Class Counsel on 4/15/2010 (Finn, Mary). Modified on 4/15/2010 (Finn, Mary). (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
3	MOTION for Leave to Appear Pro Hac Vice for admission of Marcia Robinson Lowry, Susan Lambiase, Sara Michelle Bartosz, Laurence D. Borten, and Kara Morrow Filing fee: $ 250, receipt number 0101-2866706 by Connor B., Rakeem D., Camila R., Adam S., Andre S., Seth T.. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Gleason, Daniel) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
	Notice of correction to docket made by Court staff. Correction: Document 2 motion to certify class and motion for Appointment of Class Counsel. corrected because: To add the relief - Motion to Appoint Class Counsel and to delete the memorandum and affidavit that were attachments and to docket them individually. (Finn, Mary)	April 15, 2010	April 15, 2010
4	MEMORANDUM in Support re 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel filed by Connor B., Rakeem D., Camila R., Adam S., Andre S., Seth T.. (Attachments: # 1 Affidavit Marcia Robinson Lowry)(Finn, Mary) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
	Case Assigned to Judge Michael A Ponsor. Counsel are directed to the Court's Standing Orders re: Electronic Case Filing. Consent Form mailed to counsel. (Finn, Mary)	April 15, 2010	April 15, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Marcia Robinson Lowry, Susan Lambiase, Sara Michelle Bartosz, Laurence D. Borten and Kara Morrow.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary)	April 15, 2010	April 15, 2010
5	NOTICE issued to Attorney Kara Morrow, Laurence Borton, Marcia Robinson Lowry, Sara Michelle Bartosz, Susan Lambiase regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 04/15/2010)	April 15, 2010	April 15, 2010
	Summons Issued as to Judyann Bigby, Angelo McClain, Deval L. Patrick issued by the Court. (Finn, Mary)	April 15, 2010	April 15, 2010
6	SUMMONS Returned Executed Deval L. Patrick served on 4/15/2010, answer due 5/6/2010. (Persky, Jonathan) (Entered: 04/20/2010)	April 20, 2010	April 20, 2010
7	SUMMONS Returned Executed Judyann Bigby served on 4/15/2010, answer due 5/6/2010. (Persky, Jonathan) (Entered: 04/20/2010)	April 20, 2010	April 20, 2010
8	SUMMONS Returned Executed Angelo McClain served on 4/15/2010, answer due 5/6/2010. (Persky, Jonathan) (Entered: 04/20/2010)	April 20, 2010	April 20, 2010
9	SUMMONS Returned Executed Deval L. Patrick served on 6/21/2010, answer due 7/12/2010. (Persky, Jonathan) (Entered: 06/21/2010)	June 21, 2010	June 21, 2010
10	SUMMONS Returned Executed Judyann Bigby served on 6/21/2010, answer due 7/12/2010. (Persky, Jonathan) (Entered: 06/21/2010)	June 21, 2010	June 21, 2010
11	SUMMONS Returned Executed Angelo McClain served on 6/21/2010, answer due 7/12/2010. (Persky, Jonathan) (Finn, Mary). (Main Document 11 replaced on 6/22/2010) (Finn, Mary). (Entered: 06/21/2010)	June 21, 2010	June 21, 2010
	Reset Answer Deadlines for Angelo McClain − 7/9/2010. (Finn, Mary) (Entered: 06/22/2010)	June 22, 2010	June 22, 2010
	Notice of correction to docket made by Court staff. Correction: Document 11 summons as to Deft. Angelo McClain. corrected because: Correct summons replaced with the incorrect summons. Correct summons has a service date of 6/21/2010 and the incorrect summons had a service date of 6/18/2010. Deft. Angelo McClain's answer due to be reset back to 7/12/2010. (Entered: 06/22/2010)	June 22, 2010	June 22, 2010
	Set/Reset Answer Deadlines for Angelo McClain − 7/12/2010. (The prior date of 7/09/2010 that was set was incorrect due to the Deft. was served on 6/21/2010) (Finn, Mary) (Entered: 06/22/2010)	June 22, 2010	June 22, 2010
	Reset Answer Deadlines for Angelo McClain - 7/9/2010. (Finn, Mary)	June 22, 2010	June 22, 2010
	Notice of correction to docket made by Court staff. Correction: Document 11 summons as to Deft. Angelo McClain. corrected because: Correct summons replaced with the incorrect summons. Correct summons has a service date of 6/21/2010 and the incorrect summons had a service date of 6/18/2010. Deft. Angelo McClain's answer due to be reset back to 7/12/2010.	June 22, 2010	June 22, 2010
	Set/Reset Answer Deadlines for Angelo McClain - 7/12/2010. (The prior date of 7/09/2010 that was set was incorrect due to the Deft. was served on 6/21/2010) (Finn, Mary)	June 22, 2010	June 22, 2010
12	NOTICE of Appearance by Robert L. Quinan, Jr on behalf of Deval L. Patrick, Judyann Bigby and Angelo McClain. (Quinan, Robert) Modified on 6/30/2010 to add Judyann Bigby and Angelo McClain's names to the text. (Finn, Mary). (Entered: 06/29/2010)	June 29, 2010	June 29, 2010
13	MOTION for Extension of Time to August 20, 2010 to File Answer or Other Response to Plaintiffs' Complaint by Deval L. Patrick, Judy Ann Bigby and Angelo McClain .(Quinan, Robert) Modified on 6/30/2010 to add Judy Ann Bigby and Angelo McClain as filers. (Finn, Mary). (Entered: 06/29/2010)	June 29, 2010	June 29, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time to Answer re 1 Complaint, Judyann Bigby answer due 8/20/2010; Angelo McClain answer due 8/20/2010; Deval L. Patrick answer due 8/20/2010. (Finn, Mary) (Entered: 06/30/2010)	June 30, 2010	June 30, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time to Answer re 1 Complaint, Judyann Bigby answer due 8/20/2010; Angelo McClain answer due 8/20/2010; Deval L. Patrick answer due 8/20/2010. (Finn, Mary)	June 30, 2010	June 30, 2010
14	STIPULATION re 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel ; Stipulation Concerning Initial Rule 23 Discovery and Defendants' Time to Respond to Plaintiffs' Motion for Class Certification by All Parties, All Defendants, All Plaintiffs. (Quinan, Robert) (Entered: 07/02/2010)	July 2, 2010	July 2, 2010
15	STIPULATION and Proposed Order Governing the Treatment of Confidential Information by All Parties. (Quinan, Robert) (Entered: 08/03/2010)	Aug. 3, 2010	Aug. 3, 2010
16	NOTICE of Appearance by Amy Spector on behalf of All Defendants (Spector, Amy) (Entered: 08/19/2010)	Aug. 19, 2010	Aug. 19, 2010
17	MOTION to Dismiss As to the Governor by Deval L. Patrick.(Spector, Amy) (Entered: 08/20/2010)	Aug. 20, 2010	Aug. 20, 2010 Clearinghouse
18	MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) by All Defendants.(Spector, Amy) (Entered: 08/20/2010)	Aug. 20, 2010	Aug. 20, 2010 Clearinghouse
19	MOTION for Leave to File Excess Pages by All Defendants.(Spector, Amy) (Entered: 08/20/2010)	Aug. 20, 2010	Aug. 20, 2010
20	MEMORANDUM in Support re 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) filed by All Defendants. (Attachments: # 1 Exhibit A: 2007 CFSR Report, # 2 Exhibit B: Program Improvement Plan, # 3 Legal Addendum: Court Rules)(Spector, Amy) (Entered: 08/20/2010)	Aug. 20, 2010	Aug. 20, 2010
22	Letter/request (non-motion) from Amy Spector, A.A.G. for Purpose of Filing Table of Authorities in Connection with Memorandum of Law in Support of Motion to Dismiss. (Spector, Amy) (Entered: 08/26/2010)	Aug. 26, 2010	Aug. 26, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss As to the Governor , 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) . Pltfs' Responses due by 9/30/2010. (Finn, Mary) (Entered: 08/31/2010)	Aug. 31, 2010	Aug. 31, 2010
23	Assented to MOTION for Extension of Time to 9/30/2010 to File Response/Reply as to 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) by All Plaintiffs.(Persky, Jonathan) (Entered: 08/31/2010)	Aug. 31, 2010	Aug. 31, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6). Pltfs' Responses due by 9/30/2010. (Finn, Mary)	Aug. 31, 2010	Aug. 31, 2010
	ELECTRONIC NOTICE Setting Hearing on Motion 17 MOTION to Dismiss As to the Governor , 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) , 19 MOTION for Leave to File Excess Pages, 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel : Motion Hearing set for 11/23/2010 02:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Pelegano, Theresa) (Entered: 09/13/2010)	Sept. 13, 2010	Sept. 13, 2010
	ELECTRONIC NOTICE Setting Hearing on Motion 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6), 19 MOTION for Leave to File Excess Pages, 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel : Motion Hearing set for 11/23/2010 02:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Pelegano, Theresa)	Sept. 13, 2010	Sept. 13, 2010
25	MOTION for Leave to File Excess Pages by All Plaintiffs.(Bartosz, Sara) (Entered: 09/30/2010)	Sept. 30, 2010	Sept. 30, 2010
26	MEMORANDUM in Opposition re 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bartosz, Sara) (Entered: 09/30/2010)	Sept. 30, 2010	Sept. 30, 2010
	Judge Michael A Ponsor: ENDORSED ORDER entered granting 19 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document.; granting 25 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Finn, Mary) (Entered: 10/14/2010)	Oct. 14, 2010	Oct. 14, 2010
	Judge Michael A Ponsor: ENDORSED ORDER entered granting 19 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting 25 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)	Oct. 14, 2010	Oct. 14, 2010
27	MEMORANDUM in Opposition re 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) filed by All Plaintiffs. (Bartosz, Sara) (Entered: 10/14/2010)	Oct. 14, 2010	Oct. 14, 2010
28	MEMORANDUM in Support re 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Leave to File Granted 10/14/2010) filed by All Defendants. (Attachments: # 1 Exhibit 2007 Review, # 2 Exhibit State Improvement Plan, # 3 Appendix Massachusetts Trial Court Rules, Uniform Rules for Permanency Hearings, # 4 Appendix Table of Authorities)(Spector, Amy) (Entered: 10/15/2010)	Oct. 15, 2010	Oct. 15, 2010
29	MOTION for Leave to File Reply Memorandum by All Defendants. (Attachments: # 1 Defendants' Reply Memorandum, # 2 DCF Policy #86-011)(Spector, Amy) (Entered: 11/03/2010)	Nov. 3, 2010	Nov. 3, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Finn, Mary) (Entered: 11/04/2010)	Nov. 4, 2010	Nov. 4, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)	Nov. 4, 2010	Nov. 4, 2010
	Notice of correction to docket made by Court staff. Correction: Text of document 30 − Reply memorandum. corrected because: Text corrected to reflect the document that is being filed − a reply memorandum, not a memorandum in support. (Finn, Mary) (Entered: 11/05/2010)	Nov. 5, 2010	Nov. 5, 2010
30	Reply Memorandum in response to the Pltfs' oppositions to their 17, & 18 motions to dismiss filed by All Defendants. Reply Memorandum (Leave to File Granted on 11/4/10). (Attachments: # 1 DCF Policy # 86-011)(Spector, Amy) Modified on 11/5/2010 (Finn, Mary). (Entered: 11/05/2010)	Nov. 5, 2010	Nov. 5, 2010
	Notice of correction to docket made by Court staff. Correction: Text of document 30 - Reply memorandum. corrected because: Text corrected to reflect the document that is being filed - a reply memorandum, not a memorandum in support. (Finn, Mary)	Nov. 5, 2010	Nov. 5, 2010
31	Assented to MOTION for Leave to File Excess Pages in Response to Document No. 4, by All Defendants. (Attachments: # 1 Defendants' Opposition to Plaintiffs' Motion for Class Certification, # 2 Exhibit A to Defs' Class Cert Oppo (Walter Affidavit), # 3 Exhibit B to Defs' Class Cert Oppo (Killian Aff. w/ Pearson testimony), # 4 Exhibit C to Defs' Class Cert Oppo (Clauson depo trnscrpt excerpts), # 5 Exhibit D to Defs' Class Cert Oppo (Sullivan depo trnscrpt excerpts), # 6 Exhibit E to Defs' Class Cert Oppo (Ferreira Affidavit))(Quinan, Robert) (Entered: 11/09/2010)	Nov. 9, 2010	Nov. 9, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Finn, Mary) (Entered: 11/10/2010)	Nov. 10, 2010	Nov. 10, 2010
	ELECTRONIC NOTICE issued requesting courtesy copy for 32 Opposition to Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Tuesday, November 16, 2010. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 11/10/2010)	Nov. 10, 2010	Nov. 10, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)	Nov. 10, 2010	Nov. 10, 2010
32	Opposition re 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel filed by All Defendants. (Attachments: # 1 Exhibit A (Walter Affidavit), # 2 Exhibit B (Killian Affidavit with Pearson depo testimony attached), # 3 Exhibit C (Clauson depo transcript excerpts), # 4 Exhibit D (Sullivan depo transcript excerpts), # 5 Exhibit E (Ferreira Affidavit))(Quinan, Robert) (Entered: 11/10/2010)	Nov. 10, 2010	Nov. 10, 2010
	ELECTRONIC NOTICE issued requesting courtesy copy for 32 Opposition to Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Tuesday, November 16, 2010. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary)	Nov. 10, 2010	Nov. 10, 2010
33	MOTION to Correct 30 Memorandum in Support of Motion, (Motion to File Corrected Version of Reply Memorandum in Support of Defendants' Motion to Dismiss Complaint) by All Defendants. (Attachments: # 1 Corrected Version -- Reply Memorandum, # 2 DCF Policy # 86-011)(Spector, Amy) (Entered: 11/16/2010)	Nov. 16, 2010	Nov. 16, 2010
34	NOTICE of Appearance by Rachel Brodin Nili on behalf of All Plaintiffs (Nili, Rachel) (Entered: 11/16/2010)	Nov. 16, 2010	Nov. 16, 2010
35	MOTION for Leave to File Sur-Reply Memorandum by All Plaintiffs. (Attachments: # 1 Exhibit Sur-Reply Memorandum of Law in Opposition to Defendants' Motion to Dismiss)(Bartosz, Sara) (Entered: 11/16/2010)	Nov. 16, 2010	Nov. 16, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 33 Motion for leave to Correct Reply Memorandum; granting 35 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Finn, Mary) (Entered: 11/17/2010)	Nov. 17, 2010	Nov. 17, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 33 Motion for leave to Correct Reply Memorandum; granting 35 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary)	Nov. 17, 2010	Nov. 17, 2010
36	REPLY to Response to 17 MOTION to Dismiss As to the Governor, 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Corrected Version) filed by All Defendants. (Attachments: # 1 DCF Policy # 86-011)(Spector, Amy) (Entered: 11/17/2010)	Nov. 17, 2010	Nov. 17, 2010
37	MOTION for Leave to File Reply in Support of Class Certification by All Plaintiffs. (Attachments: # 1 Reply Memorandum in Support of Class Certification, # 2 Affidavit of Sara Michelle Bartosz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Bartosz, Sara) (Entered: 11/17/2010)	Nov. 17, 2010	Nov. 17, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 37 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. COURTESY COPY OF this document and the supporting exhibits is requested to be mailed to the Clerk's Office by Friday, November 18, 2010, if possible. Please note on the document that this is a courtesy copy. (Finn, Mary) (Entered: 11/18/2010)	Nov. 18, 2010	Nov. 18, 2010
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 37 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. COURTESY COPY OF this document and the supporting exhibits is requested to be mailed to the Clerk's Office by Friday, November 18, 2010, if possible. Please note on the document that this is a courtesy copy. (Finn, Mary)	Nov. 18, 2010	Nov. 18, 2010
38	SUR-REPLY to Motion re 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) (Leave to file granted on 11/17/2010) filed by All Plaintiffs. (Bartosz, Sara) (Entered: 11/18/2010)	Nov. 18, 2010	Nov. 18, 2010
39	REPLY to Response to 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel (Leave to File Granted 11/18/10) filed by All Plaintiffs. (Persky, Jonathan) (Entered: 11/18/2010)	Nov. 18, 2010	Nov. 18, 2010
40	AFFIDAVIT re 39 Reply to Response to Motion of Sara Bartosz by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Persky, Jonathan) (Entered: 11/18/2010)	Nov. 18, 2010	Nov. 18, 2010
	ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A Ponsor: Motion Hearing held on 11/23/2010 re 17 MOTION to Dismiss As to the Governor filed by Deval L. Patrick, 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) filed by All Defendants. Court takes matter under advisement. (Court Reporter: Alice Moran at 413−731−0086.)(Attorneys present: Lowry, Ryan, Barosz, Quinan, Spector) (Pelegano, Theresa) (Entered: 11/23/2010)	Nov. 23, 2010	Nov. 23, 2010
	ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A Ponsor: Motion Hearing held on 11/23/2010 re 17 MOTION to Dismiss As to the Governor filed by Deval L. Patrick, 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel 18 MOTION to Dismiss Under Rule 12(b)(1) and 12(b)(6) filed by All Defendants. Court takes matter under advisement. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Lowry, Ryan, Barosz, Quinan, Spector) (Pelegano, Theresa)	Nov. 23, 2010	Nov. 23, 2010
41	Transcript of Motion Hearing held on November 23, 2010, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 12/28/2010. Redacted Transcript Deadline set for 1/7/2011. Release of Transcript Restriction set for 3/7/2011. (Folan, Karen) (Entered: 12/07/2010)	Dec. 7, 2010	Dec. 7, 2010
42	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) (Entered: 12/07/2010)	Dec. 7, 2010	Dec. 7, 2010
43	Judge Michael A Ponsor: MEMORANDUM AND ORDER entered. As follows: Defendant Patricks Motion to Dismiss (Dkt. No. 17 ) and Defendants Motion to Dismiss(Dkt No. 18 ) are hereby DENIED in their entirety. Due to time constraints, the hearing on the Motions to Dismiss left inadequate time for argument regarding Plaintiffs pending Motion for Class Certification (Dkt. No. 2). The clerk will set a date for further argument on this motion. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 01/04/2011)	Jan. 4, 2011	Jan. 4, 2011 Clearinghouse
	ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel : Motion Hearing set for 2/4/2011 09:30 AM in Hampden Courtroom before Judge Michael A	Jan. 5, 2011	Jan. 5, 2011
	ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION to Certify Class and Appointment of Class Counsel MOTION to Appoint Counsel : Motion Hearing set for 2/4/2011 09:30 AM in Hampden Courtroom before Judge Michael A Ponsor. (Pelegano, Theresa)	Jan. 5, 2011	Jan. 5, 2011
44	MOTION for Extension of Time to February 11, 2011 to File Answer by All Defendants.(Killian, Bryan) (Entered: 01/07/2011)	Jan. 7, 2011	Jan. 7, 2011
45	NOTICE of Appearance by Bryan G. Killian on behalf of All Defendants (Killian, Bryan) (Entered: 01/07/2011)	Jan. 7, 2011	Jan. 7, 2011
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 44 Motion for Extension of Time to Answer re 1 Complaint, Judyann Bigby answer due 2/11/2011; Angelo McClain answer due 2/11/2011; Deval L. Patrick answer due 2/11/2011. (Finn, Mary) (Entered: 01/10/2011)	Jan. 10, 2011	Jan. 10, 2011
	Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 44 Motion for Extension of Time to Answer re 1 Complaint, Judyann Bigby answer due 2/11/2011; Angelo McClain answer due 2/11/2011; Deval L. Patrick answer due 2/11/2011. (Finn, Mary)	Jan. 10, 2011	Jan. 10, 2011
	ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A Ponsor: Counsel appear for Motion Hearing held on 2/4/2011 re 2 Plaintiffs' MOTION to Certify Class and Appointment of Class Counsel. Arguments heard. Matter taken under advisement with order to issue. (Court Reporter: Alice Moran at 413−731−0086.)(Attorneys present: Ryan, Bartosz, Lowry, Quinan, Spector) (Healy, Bethaney) (Entered: 02/04/2011)	Feb. 4, 2011	Feb. 4, 2011
	ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A Ponsor: Counsel appear for Motion Hearing held on 2/4/2011 re 2 Plaintiffs' MOTION to Certify Class and Appointment of Class Counsel. Arguments heard. Matter taken under advisement with order to issue. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Ryan, Bartosz, Lowry, Quinan, Spector) (Healy, Bethaney)	Feb. 4, 2011	Feb. 4, 2011
46	Transcript of Motion Hearing held on February 4, 2011, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 3/4/2011. Redacted Transcript Deadline set for 3/14/2011. Release of Transcript Restriction set for 5/12/2011. (Scalfani, Deborah) (Entered: 02/11/2011)	Feb. 11, 2011	Feb. 11, 2011
47	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 02/11/2011)	Feb. 11, 2011	Feb. 11, 2011
48	ANSWER to 1 Complaint, by All Defendants.(Tran, Liza) (Entered: 02/11/2011)	Feb. 11, 2011	Feb. 11, 2011
	Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: for full pretrial case management, a rule 16 scheduling conference, no dispositve motions.(Lindsay, Maurice) (Entered: 02/28/2011)	Feb. 28, 2011	Feb. 28, 2011
49	Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Plaintiffs Motion to Certify Class and Appoint Class Counsel (Dkt No. 2 ) is hereby ALLOWED. This case is now referred to Magistrate Judge Kenneth P. Neiman for a pretrial conference pursuant to Fed. R. Civ. P. 16. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 02/28/2011)	Feb. 28, 2011	Feb. 28, 2011 Clearinghouse
	Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: for full pretrial case management, a rule 16 scheduling conference, no dispositve motions.(Lindsay, Maurice)	Feb. 28, 2011	Feb. 28, 2011
50	NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 3/30/2011 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman; joint statement and LR 16.1 cert by 3/24/11. (Healy, Bethaney) (Entered: 03/01/2011)	March 1, 2011	March 1, 2011
51	JOINT SUBMISSION pursuant to Local Rule 16.1 by All Parties. (Attachments: # 1 Exhibit 16.1(D)(3) Cert - Connor B., # 2 Exhibit 16.1(D)(3) Cert - Adam S., # 3 Exhibit 16.1(D)(3) Cert - Camila R., # 4 Exhibit 16.1(D)(3) Cert - Andre S., # 5 Exhibit 16.1(D)(3) Cert - Rakeem D.)(Nili, Rachel) (Entered: 03/24/2011)	March 24, 2011	March 24, 2011
52	CERTIFICATION pursuant to Local Rule 16.1 . (Tran, Liza) (Entered: 03/24/2011)	March 24, 2011	March 24, 2011
53	CERTIFICATION pursuant to Local Rule 16.1 . (Tran, Liza) (Entered: 03/24/2011)	March 24, 2011	March 24, 2011
54	CERTIFICATION pursuant to Local Rule 16.1 . (Tran, Liza) (Entered: 03/24/2011)	March 24, 2011	March 24, 2011
	ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Scheduling Conference held on 3/30/2011. Scheduling order to issue. (Court Reporter: Digital Recording.) (Stuckenbruck, John) (Entered:	March 30, 2011	March 30, 2011
	ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Scheduling Conference held on 3/30/2011. Scheduling order to issue. (Court Reporter: Digital Recording.) (Stuckenbruck, John)	March 30, 2011	March 30, 2011
55	CERTIFICATION pursuant to Local Rule 16.1 . (Borten, Laurence) (Entered: 03/30/2011)	March 30, 2011	March 30, 2011
56	CERTIFICATE OF SERVICE pursuant to LR 5.2 by All Plaintiffs re 55 Certification pursuant to Local Rule 16.1. (Borten, Laurence) (Entered: 03/30/2011)	March 30, 2011	March 30, 2011
57	NOTICE of Appearance by Jason B. Barshak on behalf of All Defendants (Barshak, Jason) (Entered: 03/30/2011)	March 30, 2011	March 30, 2011

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 15, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who have been (or will be) placed in the custody of the Massachusetts Department of Children and Families as a result of a state juvenile court order.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Massachusetts Department of Children and Families, State

Defendant Type(s):

Jurisdiction-wide