Case: Sam M. v. Chafee

1:07-cv-00241 | U.S. District Court for the District of Rhode Island

Filed Date: June 28, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 28, 2007, ten named minor children in the legal custody of the Rhode Island Department of Children, Youth and Families ("DCYF") filed this putative class action lawsuit (by their Next Friends) in the United States District Court for the District of Rhode Island. The named plaintiffs were represented by the advocacy organization Children's Rights, then-Rhode Island Child Advocate Jametta Alston, and private counsel. The plaintiffs sought certification of a class of all children who are o…

On June 28, 2007, ten named minor children in the legal custody of the Rhode Island Department of Children, Youth and Families ("DCYF") filed this putative class action lawsuit (by their Next Friends) in the United States District Court for the District of Rhode Island. The named plaintiffs were represented by the advocacy organization Children's Rights, then-Rhode Island Child Advocate Jametta Alston, and private counsel. The plaintiffs sought certification of a class of all children who are or will be in the legal custody of the DCYF due to a report or suspicion of abuse or neglect. They asserted claims under 42 U.S.C. § 1983, alleging systemic deficiencies in the operation of DCYF subjected children in the state's care to harm or an unreasonable risk of harm.

The alleged problems included: children staying in foster care for years; placement dictated by availability, not suitability; inadequate reimbursement rates for foster parents; decline in the numbers of licensed foster homes; unnecessary institutionalization of children; repeated moves between inappropriate DCYF placements; failure to meet federal standards; failures of caseworkers to make monthly visits; abuse in foster care; untenable caseloads of social workers; inadequate supervision; placements in unlicensed foster homes; lengthy application process for foster home licensing; separation from siblings; lack of timely reunification with families; pursuit of reunification with parents when not appropriate; failure to place children who cannot return home for adoption; and failure to meet children's medical, dental, and mental health needs. The plaintiffs also alleged that the state forfeited millions in federal matching funds by failing to meet its obligations.

On October 2, 2007, the defendants moved to dismiss the amended complaint. Specifically, the defendants argued that (1) the Next Friends lacked standing; (2) pursuant to the Younger and Rooker-Feldman doctrines, the Court should abstain from rendering a decision that would invade the province of the Rhode Island Family Court; (3) the plaintiffs did not have a private right of action under the Adoption Assistance and Child Welfare Act ("AACWA") of 1980, 42 U.S.C. §§ 621 et seq., 670 et seq.; and (4) the claims of three of the named plaintiffs had become moot because they had been adopted and were no longer in DCYF custody.

Following briefing on class certification and the defendants' motion to dismiss, the case idled for sixteen months while awaiting a decision on whether the case would proceed.

On April 29, 2009, Senior District Judge Ronald R. Lagueux granted the defendants' motion to dismiss, holding that the Child Advocate and Next Friends had no authority or standing to proceed in the case. Sam M. ex rel. Elliott v. Carcieri, 610 F. Supp. 2d 171 (D.R.I. 2009).

The plaintiffs appealed the dismissal to the United States Court of Appeals for the First Circuit. On June 18, 2010, in an opinion authored by Circuit Judge Juan R. Torruella, the First Circuit reversed the District Court's dismissal. The First Circuit held that the next friends were acting in good faith, and that "[i]mportant social interests are advanced by allowing minors access to a judicial forum to vindicate their constitutional rights through a Next Friend." The Court of Appeals remanded the case with instructions to reinstate the complaint and to allow the three individuals to proceed as the plaintiffs' Next Friends. Sam M. ex rel. Elliott v. Carcieri, 608 F.3d 77 (1st Cir. 2010).

On remand, Judge Lagueux recused himself pursuant to D.R.I. Local Rule 105(b) ("Any case remanded to this Court for a new trial shall be reassigned to a judge other than the judge to whom the case previously was assigned"), and the case was reassigned to District Judge Mary M. Lisi.

On November 1, 2010, the defendants filed a second motion to dismiss the amended complaint for (1) lack of subject matter jurisdiction, pursuant to Federal Rule 12(b)(1) of the Federal Rules of Civil Procedure; and (2) failure to state a claim upon which relief can be granted, pursuant to Federal Rule 12(b)(6) of the Federal Rules of Civil Procedure. On July 20, 2011, the District Court (Judge Lisi) granted in part and denied in part the defendants' motion to dismiss. The Court dismissed the claims of a number of the named plaintiffs because they had been mooted out by adoption or age since the filing of the complaint four years prior. The Court also announced that it would abstain (under the Younger doctrine) with respect to the requested relief of (1) decreasing the rate of institutionalization; (2) increasing the rate of adoptions; (3) decreasing the number of placements per child; and (4) decreasing the length of time in foster care. And it dismissed some claims under the federal adoption law. However, it declined to dismiss the plaintiffs' substantive due process claim, as well as federal statutory claims based on (i) the right to case plans containing certain documentation, such as child specific recruitment efforts and steps taken to secure a permanent home for them, as provided in 42 U.S.C. § 671(a)(16); and (ii) the right to adequate foster care maintenance payments as provided in 42 U.S.C. §§ 671(a)(1), (a)(11), 672(a)(1), and 675(4)(A). Sam M. ex rel. Elliott v. Chafee, 800 F. Supp. 2d 363 (D.R.I. 2011).

Following the motion to dismiss, on August 11, 2011, the District Court set deadlines for new briefing on class certification. However, just four days later, the District Court changed course, ordered no new class certification briefing, and scheduled a pretrial conference. Although the record is unclear, at some point around this time, the District Court advised the parties that it would not take up class certification until after it had decided dispositive motions on the claims of the named plaintiffs. On February 21, 2012, the District Court entered a text order denying the original class certification motion as moot.

On February 24, 2012, with only two of the original ten named plaintiffs remaining, the plaintiffs filed a Second Amended Complaint, adding five new named plaintiffs in an effort to prevent the case from mooting out.

On October 23, 2012, following approximately seven months of discovery, the defendants moved for a protective order. The defendants argued that, since class certification was to be delayed, the plaintiffs were entitled to discovery only about the specific named plaintiffs, and that much of the systemic evidence sought by plaintiffs should be off limits. The plaintiffs countered that evidence of DCYF's policies and customs was essential evidence even to an individual section 1983 case, and that they required this discovery to meet their burden on summary judgment. Magistrate Judge Lincoln D. Almond granted the protective order, stating that, in light of the District Court's plan to address the individual named plaintiffs' claims before class certification, such broad discovery was inappropriate at that stage of the litigation. Cassie M. ex rel. Irons v. Chafee, No. 07-241, slip op. (D.R.I. Dec. 17, 2012). Plaintiffs appealed this order to the District Court, where it was affirmed.

The parties continued with limited discovery, frequently disagreeing as to the scope of the protective order. Magistrate Judge Almond later clarified in a subsequent discovery order that the protective order "effectively precluded [plaintiffs] from seeking policy or practice discovery." Cassie M. ex rel. Irons v. Chafee, No. 07-241, 2013 WL 785621 (D.R.I. Mar. 1, 2013).

As discovery continued on the claims of the seven named plaintiffs, several of the plaintiffs either turned 18 and left DCYF care or were adopted. As a result, their claims became moot. On February 26, 2013, the plaintiffs filed a second motion for class certification, and asked the District Court for a "timely determination" of their motion in accordance with Federal Rule of Civil Procedure 23(c)(1)(A). In response, the District Court urged the parties to attempt to settle the case, and ordered a thirty-day stay of all activity in the case over plaintiffs' objection. When the parties were unable to settle the case, the District Court ordered the defendants to respond to the class certification motion fourteen days after any ruling on summary judgment.

The plaintiffs, seeing this delayed response deadline as effectively denying their motion for class certification, attempted to seek interlocutory appeal. The plaintiffs argued that, pursuant to Rule 23(f) (allowing appeals from orders denying class certification), the First Circuit should review the District Court's decision; or, in the alternative, that the First Circuit should issue a writ of mandamus and compel the District Court to address class certification before summary judgment. In a brief unpublished decision dismissing the plaintiffs' petition, the First Circuit stated that the order delaying defendants' response was not appropriate for a Rule 23(f) appeal, and that there was no "judicial usurpation" evident to warrant mandamus relief. Cassie M. ex rel. Irons v. Chafee, No. 13-8014, slip op. (1st Cir. Jun. 7, 2013).

On July 24, 2013, the District Court ordered that dispositive motions be dispensed with, and that the case proceed directly to trial. Shortly thereafter, the plaintiffs filed a number of motions related to this change. First, the plaintiffs asked the court to consider class certification prior to trial. The plaintiffs argued that they could find no precedent for holding a full trial over objection before considering a motion for class certification. Second, plaintiffs asked the Court to allow them to discover the policy and custom evidence that they had been denied. The plaintiffs repeated their arguments that this evidence was essential to prevail on their claims. The District Court rejected these motions.

Plaintiffs then asked the Court to order the defendants to facilitate meetings between them and their counsel, so that their cases could properly be prepared for trial. The defendants objected to any such attorney/client meetings. The District Court denied plaintiffs the opportunity to meet with their counsel prior to trial, holding that the motion came after the fact discovery deadline and that, in any event, the children had been evaluated by their retained psychologist, which the Court held was an adequate substitute.

Trial on the claims of the two remaining named plaintiffs commenced on November 12, 2013 and continued intermittently until January 9, 2014, when the defendants moved for judgment on partial findings pursuant to Rule 52.

On April 30, 2014, the District Court (Judge Lisi) issued a memorandum and order granting defendants' motion for partial findings and entering judgment in their favor. The District Court held that plaintiffs had produced insufficient evidence that DCYF's policies and customs had harmed the named plaintiffs or subjected them to an unreasonable risk of harm, and that they had failed to meet their burdens on their statutory claims (concerning case plans and foster care maintenance payments). Cassie M. ex rel. Irons v. Chafee, 16 F. Supp. 3d 33 (D.R.I. 2014).

On May 29, 2014, plaintiffs filed a notice of appeal, challenging (1) the District Court's refusal to rule on class certification before trial; (2) the protective order that foreclosed policy and custom discovery; (3) the Court's refusal to allow plaintiffs to meet with their next friends and counsel prior to trial; (4) the Court's failure to consider undisputed evidence at trial concerning case plans; and (5) the Court's failure to consider undisputed evidence at trial concerning foster care maintenance payments.

On April 21, 2015, the United States Court of Appeals for the First Circuit vacated the judgment of the District Court. The Court of Appeals (Circuit Judge Bruce M. Selya) held that the District Court abused its discretion when it "totally denied plaintiffs' counsel access to their own clients," and "prevented the plaintiffs from seeking plainly relevant discovery." The Court stated that the "right to counsel is a right of the highest order of importance," and that when that right is restrained without substantial justification (of which there was none here), "prejudice can fairly be presumed." The Court also stated that "it is black letter law" that policy and custom evidence is required in a section 1983 suit, and that it was "nose-on-the-face plain that the adverse decision at trial rested in substantial part on the plaintiffs' failure to adduce precisely the sort of evidence that the protective order prevented them from discovering." Although the Court of Appeals did not need to address class certification, it did state its belief that summary judgment could properly precede class certification, but that "a full-blown trial on the merits" should not occur "without pausing to take up a timely motion for class certification." The Court counseled the District Court, on remand, that it may consider dispositive motions before class certification. Danny B. ex rel. Elliott v. Raimondo, 784 F.3d 825 (1st Cir. 2015).

On remand, both Judge Lisi and Magistrate Judge Almond recused themselves pursuant to D.R.I. Local Rule 105(b), which requires recusal of the prior judge when a case is remanded for retrial. The case then went before Chief Judge William E. Smith. The Court (Chief Judge Smith) indicated it would consider class certification first, and directed plaintiffs to file a new motion.

On October 2, 2015, plaintiffs filed a Third Amended Complaint, adding additional named plaintiffs and updating their legal claims. On October 15, 2015, plaintiffs filed their Third Motion for Class Certification. On October 22, 2015, plaintiffs filed their Fourth Amended Complaint, again adding new named plaintiffs.

After extensive negotiations with a court-appointed mediator, the parties filed a joint motion for preliminary approval of their settlement agreement on January 8, 2018. The Court preliminarily approved of the parties' settlement agreement as fair, reasonable, and adequate. The Court also granted certification of the class for settlement purposes comprising "all children who are or will be in the legal custody of the Rhode Island Department of Children, Youth and Families due to a report or suspicion of abuse or neglect."

Following a fairness hearing, the Court approved the settlement agreement on May 15, 2018. The settlement agreement provided for, among other things: (1) improved assessment guidelines and procedures for children entering DCFY care; (2) strict rules for placement of children in shelters and assessment and stabilization centers; (3) strict rules for placement of children in congregate care; (4) guidelines prioritizing the placement of siblings with one another; (5) enhanced licensing procedures; and (6) enhanced face-to-face visitation procedures. Additionally, the parties agreed that defendants would pay plaintiffs $3,400,000 in attorneys' fees.

The agreement also provided for monitoring of DCFY's compliance with the terms of the agreement, requiring reports from the Monitoring Team every six months. The first reporting period started on July 1, 2018. Monitoring is ongoing.

Summary Authors

Xin Chen (12/11/2011)

Ariana Fink (12/6/2012)

Dan Whitman (10/22/2015)

Eva Richardson (12/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4378681/parties/m-v-chafee/


Judge(s)

Almond, Lincoln D. (Rhode Island)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lagueux, Ronald Rene (Rhode Island)

Lipez, Kermit Victor (Maine)

Lisi, Mary M. (Rhode Island)

Lynch, Sandra Lea (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Smith, William E. (Rhode Island)

Souter, David Hackett (District of Columbia)

Judge(s)

Almond, Lincoln D. (Rhode Island)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lagueux, Ronald Rene (Rhode Island)

Lipez, Kermit Victor (Maine)

Lisi, Mary M. (Rhode Island)

Lynch, Sandra Lea (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Smith, William E. (Rhode Island)

Souter, David Hackett (District of Columbia)

Sullivan, Patricia A. (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Alston, Jametta O. (Rhode Island)

Bartosz, Sara Michelle (New York)

Bobrow, Jared B. (California)

Dembrow, Adam C. (New York)

Dineen, John William (Rhode Island)

Gretter, Elizabeth Pitman (New York)

Ingber, Miriam F. (New York)

Kapell, William (New York)

Lambiase, Susan (New York)

Lowry, Marcia Robinson (New York)

Luciano, Adriana Teresa (New York)

Lustbader, Ira P. (New York)

Miller, Jodi Kim (New York)

Nili, Rachel Brodin (New York)

Nothenberg, Shirim (New York)

Pitman, Elizabeth (New York)

Rosenthal, Joshua M. (New York)

Winters, Vernon (California)

Attorneys(s) for Defendant

Aucoin, Kevin J. (Rhode Island)

Baum, Brenda D. (Rhode Island)

Beane, Eric Joseph (District of Columbia)

Kelly, Neil F.X. (Rhode Island)

Kilmartin, Peter F. (Rhode Island)

Lee, James R. (Rhode Island)

Morgan, Jane E. (Rhode Island)

Mullaney, Edward G. (Rhode Island)

Yaffee, Ariele (Rhode Island)

Documents in the Clearinghouse

Document

1:07-cv-00241

Docket [PACER]

M. v. Chafee

June 6, 2018

June 6, 2018

Docket
2

1:07-cv-00241

Plaintiffs' Motion for Class Certification and Appointment of Class Counsel

June 28, 2007

June 28, 2007

Pleading / Motion / Brief
12

1:07-cv-00241

Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action

Sept. 7, 2007

Sept. 7, 2007

Complaint
34

1:07-cv-00241

Defendants' Motion to Dismiss Pursuant to Rule 12 (1) and (6) of the Federal Rules of Civil Procedures

Oct. 17, 2007

Oct. 17, 2007

Pleading / Motion / Brief
37

1:07-cv-00241

Plaintiffs' Memorandum of Law in Objection to Defendants' Motion to Dismiss

Nov. 2, 2007

Nov. 2, 2007

Pleading / Motion / Brief
49

1:07-cv-00241

Plaintiffs' Memorandum of Law Submitted in Conjunction with the Evidentiary Hearing Regarding the Adequacy of Plaintiffs' Next Friends

Jan. 22, 2008

Jan. 22, 2008

Pleading / Motion / Brief
55

1:07-cv-00241

Defendants' Memorandum of Law in Support of their Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1)

Feb. 15, 2008

Feb. 15, 2008

Pleading / Motion / Brief
57

1:07-cv-00241

Plaintiffs' Supplemental Memorandum of Law in Further Opposition to Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1)

Feb. 29, 2008

Feb. 29, 2008

Pleading / Motion / Brief
63

1:07-cv-00241

Decision and Order (Granting Motion to Dismiss)

610 F.Supp.2d 171

April 29, 2009

April 29, 2009

Order/Opinion
69

09-01759

First Circuit Opinion

U. S. Court of Appeals for the First Circuit

608 F.3d 77

June 18, 2010

June 18, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4378681/m-v-chafee/

Last updated Aug. 6, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (pp. 1-50) against all defendants ( Filing Fee: $ 350.00, Receipt Number 66309/311), filed by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M. (Attachments: # 1 COMPLAINT, cont'd. (pp. 51-84); # 2 Civil Cover Sheet)(Duhamel, John) (Entered: 06/28/2007)

1 COMPLAINT, cont'd. (pp. 51-84)

View on RECAP

2 Civil Cover Sheet

View on RECAP

June 28, 2007

June 28, 2007

RECAP
2

MOTION to Certify Class, MOTION to Appoint Class Counsel, with Supporting Memo by all plaintiffs. Responses due by 7/16/2007; Responses due by 7/16/2007 (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
3

DECLARATION of MARCIA ROBINSON LOWRY re 2 MOTION to Certify Class, MOTION to Appoint Class Counsel. (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
4

DECLARATION of JAMETTA O. ALSTON re 2 MOTION to Certify Class, MOTION to Appoint Class Counsel. (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
5

MOTION for Marcia Robinson Lowry to Appear Pro Hac Vice by all plaintiffs. (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
6

MOTION for Vernon Winters to Appear Pro Hac Vice by all plaintiffs. (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
7

MOTION for Susan Lambiase to Appear Pro Hac Vice by all plaintiffs. (Duhamel, John) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

RECAP
8

Assented MOTION for an Extension of Time to File Answer re 1 Complaint, by all defendants. Responses due by 9/10/2007 (Baum, Brenda) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

RECAP
9

Assented MOTION for an Extension of Time to File Response/Reply as to 2 MOTION to Certify Class MOTION to Appoint Counsel by all defendants. Responses due by 9/10/2007 (Baum, Brenda) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

RECAP
10

STIPULATION by Sam M.. (Dineen, John) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

RECAP

Motion Forwarded - 8 Assented MOTION for an Extension of Time to File Answer re 1 Complaint,, 9 Assented MOTION for an Extension of Time to File Response/Reply as to 2 MOTION to Certify Class MOTION to Appoint Counsel FORWARDED to Chambers of Judge Lagueux. (Gilfillan, Barbara)

Aug. 24, 2007

Aug. 24, 2007

PACER
11

MOTION for an Extension of Time TO FILE ITS RESPONSES TO PLAINTIFFS COMPLAINT 1 AND MOTION TO CERTIFY A CLASS AND APPOINTMENT OF COUNSEL WITH SUPPORTING MEMO 2 by Donald L. Carcieri, Jane A. Hayward, Patricia Martinez. Responses due by 9/21/2007 (Baum, Brenda) Modified on 9/7/2007 (Gilfillan, Barbara)created docket entry relationship. (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

RECAP
12

AMENDED COMPLAINT against all defendants, filed by Sam M..(Dineen, John) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

RECAP
13

Assented MOTION for an Extension of Time To File Its Responses to Plaintiffs' Amended Complaint and Motion to Class Certification and Appointment of Counsel by Donald L. Carcieri, Jane A. Hayward, Patricia Martinez. Responses due by 9/28/2007 (Baum, Brenda) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

RECAP

Motion Forwarded to Chambers 6 MOTION for Vernon Winters to Appear Pro Hac Vice, 7 MOTION for Susan Lambiase to Appear Pro Hac Vice, 5 MOTION for Marcia Robinson Lowry to Appear Pro Hac Vice FORWARDED to Chambers of Judge Lagueux. (Gilfillan, Barbara)

Sept. 11, 2007

Sept. 11, 2007

PACER
14

STIPULATION of parties extending time to answer complaint and respond to Motions to 9/10/07 signed by Judge Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
15

ORDER granting 8 Motion for Extension of Time to Answer Donald L. Carcieri answer due 9/10/2007; Jane A. Hayward answer due 9/10/2007; Patricia Martinez answer due 9/10/2007. . So Ordered by Judge Ronald R Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
16

ORDER granting 13 Motion for Extension of Time to answer amended complaint and motions to 10/1/07 . So Ordered by Judge Ronald R Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP

Reset Deadlines: Donald L. Carcieri answer due 10/1/2007; Jane A. Hayward answer due 10/1/2007; Patricia Martinez answer due 10/1/2007. (Gilfillan, Barbara)

Sept. 12, 2007

Sept. 12, 2007

PACER
17

ORDER granting 5 Motion to Appear Pro Hac Vice of Marcia Robinson Lowry . So Ordered by Judge Ronald R Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
18

ORDER granting 6 Motion to Appear Pro Hac Vice of Vernon Winters . So Ordered by Judge Ronald R Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
19

ORDER granting 7 Motion to Appear Pro Hac Vice of Susan Lambiase . So Ordered by Judge Ronald R Lagueux on 9/11/07. (Gilfillan, Barbara) (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

RECAP
20

MOTION for an Extension of Time to File Response/Reply as to 2 MOTION to Certify Class MOTION to Appoint Counsel by all defendants. Responses due by 10/15/2007 (Baum, Brenda) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

RECAP
21

MOTION for Leave to File Under Seal Its Motion to Dismiss, Supporting Memorandum of Law and Exhibits by all defendants. Responses due by 10/15/2007 (Baum, Brenda) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

RECAP
22

RESPONSE in Opposition re 20 MOTION for an Extension of Time to File Response/Reply as to 2 MOTION to Certify Class MOTION to Appoint Counsel filed by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M.. (Lambiase, Susan) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

RECAP
23

RESPONSE in Opposition re 21 MOTION for Leave to File Under Seal Its Motion to Dismiss, Supporting Memorandum of Law and Exhibits filed by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M.. (Lambiase, Susan) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

RECAP
24

RESPONSE in Opposition re 2 MOTION to Certify Class MOTION to Appoint Counsel WITH SUPPORTING MEMO filed by Donald L. Carcieri, Jane A. Hayward, Patricia Martinez. (Baum, Brenda) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

RECAP

Motion Forwarded to Chambers 20 MOTION for an Extension of Time to File Response/Reply as to 2 MOTION to Certify Class MOTION to Appoint Counsel, 21 MOTION for Leave to File Under Seal Its Motion to Dismiss, Supporting Memorandum of Law and Exhibits FORWARDED to Chambers of Judge Lagueux. (Gilfillan, Barbara)

Oct. 2, 2007

Oct. 2, 2007

PACER

TEXT ORDER granting rule of court 11 Motion for Extension of Time ; Reset Deadlines: Responses due by 9/24/2007. So Ordered by Deputy Clerk on 10/2/07. (Gilfillan, Barbara)

Oct. 2, 2007

Oct. 2, 2007

PACER
25

MOTION to Dismiss Amended Complaint WITH SUPPORTING MEMO by all defendants.Responses due by 10/19/2007 (Baum, Brenda) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

RECAP
26

ORDER granting 20 Motion for Extension of Time to File Response/Reply - Responses due by 10/8/2007. So Ordered by Judge Ronald R Lagueux on 10/11/07. (Gilfillan, Barbara) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

RECAP
27

ORDER denying 21 Motion for Leave to File under seal. So Ordered by Judge Ronald R Lagueux on 10/11/07. (Gilfillan, Barbara) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

RECAP
28

MOTION for an Extension of Time to File Response/Reply as to 25 MOTION to Dismiss Amended Complaint by all plaintiffs.Responses due by 10/29/2007 (Lambiase, Susan) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

RECAP
29

MOTION for Reconsideration re 27 Order on Motion for Leave to File Under Seal WITH SUPPORTING MEMO by all defendants.Responses due by 11/1/2007 (Baum, Brenda) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

RECAP
30

MOTION to Stay re 27 Order on Motion for Leave to File Under Seal WITH SUPPORTING MEMO by all defendants.Responses due by 11/1/2007 (Baum, Brenda) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

RECAP
31

NOTICE of Appearance by Brenda D. Baum on behalf of all defendants (Baum, Brenda) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

RECAP
32

NOTICE of Appearance by James R. Lee on behalf of all defendants (Lee, James) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

RECAP

Motion Forwarded to Chambers 29 MOTION for Reconsideration re 27 Order on Motion for Leave to File Under Seal, 28 MOTION for an Extension of Time to File Response/Reply as to 25 MOTION to Dismiss Amended Complaint FORWARDED to Chambers of Judge Lagueux. (Gilfillan, Barbara)

Oct. 16, 2007

Oct. 16, 2007

PACER
33

ORDER granting MOTION TO SEAL EXHIBITS (exhibits in chambers)and denying MOTION TO SEAL MOTION AND MEMO 29 Motion for Reconsideration. So Ordered by Judge Ronald R Lagueux on 10/16/07. (Gilfillan, Barbara) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

RECAP
34

MOTION to Dismiss 12 WITH SUPPORTING MEMO by all defendants.Responses due by 11/5/2007 (Baum, Brenda) Modified on 10/17/2007 (Gilfillan, Barbara)added docket entry relationship. (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

RECAP
35

ORDER granting 28 Motion for Extension of Time to File Response/Reply ; Set/Reset Deadlines: Responses due by 11/2/2007. So Ordered by Judge Ronald R Lagueux on 10/17/07. (Gilfillan, Barbara) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

RECAP
36

REPLY to Response to Motion re 24 Response in Opposition to Motion filed by Caesar S., David T., Deanna H., Danny B., Michael B., Sam M., Tony M.. (Attachments: # 1 Declaration of Jametta O. Alston)(Winters, Vernon) (Entered: 10/19/2007)

1 Declaration of Jametta O. Alston

View on RECAP

Oct. 19, 2007

Oct. 19, 2007

RECAP
37

RESPONSE in Opposition re 34 MOTION to Dismiss filed by all plaintiffs. (Attachments: # 1 Index of Exhibits# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)(Lambiase, Susan) (Entered: 11/02/2007)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit

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7 Exhibit Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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Nov. 2, 2007

Nov. 2, 2007

RECAP
38

Assented MOTION for an Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion by all defendants.Responses due by 11/23/2007 (Baum, Brenda) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

RECAP
39

ORDER granting 38 Motion for Extension of Time to File Reply ; Set Deadlines: Replies due by 11/26/2007.. So Ordered by Judge Ronald R Lagueux on 11/7/07. (Gilfillan, Barbara) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

RECAP
40

Second MOTION for an Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion by all defendants.Responses due by 12/3/2007 (Baum, Brenda) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

RECAP
41

ORDER granting 40 Motion for Extension of Time to File Response/Reply re 37 Response in Opposition to Motion ; Set Deadlines: re 37 Response in Opposition to Motion filed by Briana H., Danny B., Michael B., Clare H., David T., Sam M., Tony M., Deanna H., Caesar S., Alexis H. (Responses due by 11/30/2007)Replies due by 11/30/2007.. So Ordered by Judge Ronald R Lagueux on 11/20/07. (Gilfillan, Barbara) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

RECAP
42

MOTION for Leave to File under seal exhibits by all defendants.Responses due by 12/17/2007 (Gilfillan, Barbara) Additional attachment(s) added on 11/29/2007 (Gilfillan, Barbara). (Main Document 42 replaced on 10/18/2017) (Potter, Carrie). (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

RECAP
43

RESPONSE to 37 and in Support re 34 MOTION to Dismiss, 25 MOTION to Dismiss Amended Complaint filed by all defendants. (Baum, Brenda) Modified on 12/3/2007 (Gilfillan, Barbara)added docket entry relationship. (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

RECAP
44

MOTION to Seal exhibits with supporting memo by all defendants. (Gilfillan, Barbara) (Potter, Carrie). (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
45

RESPONSE in Opposition re 44 MOTION to Seal exhibits filed by all plaintiffs. (Lambiase, Susan) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

RECAP
46

ORDER terminating 42 Motion for Leave to File; granting 44 Motion to Seal(sealed documents filed in chambers). So Ordered by Judge Ronald R Lagueux on 12/6/07. (Gilfillan, Barbara) (Potter, Carrie). (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER
47

Sealed Document (documents #42, #44 and #46); sealed documents in chambers. (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER

NOTICE of Hearing on 34 MOTION to Dismiss : Motion Hearing set for 1/16/2007 02:00 PM in Courtroom 4 before Judge Ronald R Lagueux. (Gilfillan, Barbara)

Jan. 10, 2008

Jan. 10, 2008

PACER

Minute Entry for proceedings held before Judge Ronald R Lagueux : Motion Hearing held on 1/16/2008 re 34 MOTION to Dismiss filed by Patricia Martinez, Donald L. Carcieri, Jane A. Hayward; Ms Lambiase/Mr. Dineen and Ms. Olston for plaintiffs; Ms. Baum/Mr Lee and Mr Aucoin for defendants; arguments heard; case is continued to January 23, 2008 at 11:00 am. (Court Reporter Karen Wischnowsky in Courtroom 4 at 2:00.) (Gilfillan, Barbara)

Jan. 16, 2008

Jan. 16, 2008

PACER

Reset Hearings: re 34 MOTION to Dismiss filed by Patricia Martinez, Donald L. Carcieri, Jane A. Hayward Evidentiary Hearing set for 1/23/2008 11:00 AM in Courtroom 4 before Judge Ronald R Lagueux. (Gilfillan, Barbara)

Jan. 16, 2008

Jan. 16, 2008

PACER
48

TRANSCRIPT REQUEST by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M. for proceedings held on 1/16/2008 before Judge Ronald R. Lagueux.. (Lambiase, Susan) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

RECAP
49

MEMORANDUM IN SUPPORT by all plaintiffs in support of Set/Reset Hearings Regarding Adequacy of Next Friends. (Lambiase, Susan) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

RECAP

Minute Entry for proceedings held before Judge Ronald R Lagueux : Evidentiary Hearing held on 1/23/2008; Ms Olston/Lowry/Lambiase and Mr. Dineen for plaintiffs; Mr. Lee/Aucoin, Ms. Baum and defendants; opening statement made by plaintiff attorney; three witnesses testified; hearing continued to 1/24/08 at 2:00 pm. (Court Reporter Karen Wischnowsky in Courtroom 4 at 11:00.) (Gilfillan, Barbara)

Jan. 23, 2008

Jan. 23, 2008

PACER

NOTICE of Hearing:Evidentiary Hearing set for 1/24/2008 02:00 PM in Courtroom 4 before Judge Ronald R Lagueux. (Gilfillan, Barbara)

Jan. 23, 2008

Jan. 23, 2008

PACER

Minute Entry for proceedings held before Judge Ronald R Lagueux : Evidentiary Hearing held on 1/24/2008; Ms Olston/Lowry/Lambiase and Mr. Dineen for plaintiffs; Mr. Lee/Aucoin, Ms. Baum for defendants; One witness testified; both parties rest; matter taken under advisement; defendant's post hearing brief due 2/15/08; plaintiff's reply due 2/29/08 (Court Reporter Karen Wischnowsky in Courtroom 4 at 2:00.) (Gilfillan, Barbara)

Jan. 24, 2008

Jan. 24, 2008

PACER

BRIEFING SCHEDULE - defendant's post hearing brief due 2/15/08; plaintiff's response due 2/29/08 (Gilfillan, Barbara)

Jan. 24, 2008

Jan. 24, 2008

PACER
50

TRANSCRIPT REQUEST by Donald L. Carcieri, Jane A. Hayward, Patricia Martinez for proceedings held on 1/23/2008 - 1/24/2008 before Judge Ronald R. Lagueux.. (Baum, Brenda) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

RECAP
51

TRANSCRIPT REQUEST by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M. for proceedings held on 1/23/2008 - 1/24/2008 before Judge Ronald R. Lagueux.. (Lambiase, Susan) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

RECAP
52

TRANSCRIPT of Proceedings held on 1/16/08 before Judge Lagueux. Court Reporter: Karen Wischnowsky.. (Gilfillan, Barbara) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
53

TRANSCRIPT of Proceedings held on 1/23/07 before Judge Lagueux. Court Reporter: Karen Wischnowsky.. (Gilfillan, Barbara) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
54

TRANSCRIPT of Proceedings held on 1/24/07 before Judge Lagueux. Court Reporter: Karen Wischnowsky.. (Gilfillan, Barbara) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
55

MEMORANDUM IN SUPPORT by all defendants in support of 25 MOTION to Dismiss Amended Complaint. (Attachments: # 1 Exhibit G# 2 Exhibit H)(Baum, Brenda) (Entered: 02/15/2008)

1 Exhibit G

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2 Exhibit H

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Feb. 15, 2008

Feb. 15, 2008

RECAP
56

RESPONSE in Opposition re 34 MOTION to Dismiss Plaintiffs' Supplemental Memorandum of Law filed by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Lambiase, Susan) Modified on 3/3/2008 (Gilfillan, Barbara)not a complete document only 1-48 pages. (Entered: 02/29/2008)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Feb. 29, 2008

Feb. 29, 2008

RECAP
57

RESPONSE in Opposition re 34 MOTION to Dismiss Plaintiffs' Supplemental Memorandum of Law filed by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Lambiase, Susan) Modified on 3/3/2008 (Gilfillan, Barbara)refiling of document #56. (Entered: 02/29/2008)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Feb. 29, 2008

Feb. 29, 2008

RECAP
58

MOTION to Strike 57 Response in Opposition to Motion, With Supporting Memo by all defendants.Responses due by 3/24/2008 (Baum, Brenda) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

RECAP
59

RESPONSE in Opposition re 58 MOTION to Strike 57 Response in Opposition to Motion, filed by all plaintiffs. (Lambiase, Susan) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

RECAP

NOTICE of Hearing on 58 MOTION to Strike exhibits 57 Response in Opposition to Motion, : Motion Hearing set for 3/27/2008 02:00 PM in Courtroom 4 before Judge Ronald R Lagueux. (Gilfillan, Barbara)

March 20, 2008

March 20, 2008

PACER

Motion Forwarded to Chambers 58 MOTION to Strike 57 Response in Opposition to Motion, FORWARDED to Chambers of (Gilfillan, Barbara)

March 20, 2008

March 20, 2008

PACER

Minute Entry for proceedings held before Judge Ronald R Lagueux : Motion Hearing held on 3/27/2008 re 58 MOTION to Strike 57 Response in Opposition to Motion, filed by Patricia Martinez, Donald L. Carcieri, Jane A. Hayward; Ms. Alston and Ms. Lambiase for plaintiffs; Ms Baum, Mr Lee and Mr. Aucoin for defendants; arguments heard, motion granted. (Court Reporter Deb Lajoie in Courtroom 4 at 2:00.) (Gilfillan, Barbara)

March 27, 2008

March 27, 2008

PACER
60

TRANSCRIPT REQUEST by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M. for proceedings held on 3/27/2008 before Judge Ronald R. Lagueux.. (Lambiase, Susan) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

RECAP
61

TRANSCRIPT of Proceedings held on 3/27/08 before Judge Lagueux. Court Reporter: Debra Lajoie.. (Gilfillan, Barbara) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

PACER
62

ORDER granting 58 Motion to Strike. So Ordered by Judge Ronald R Lagueux on 4/23/08. (Gilfillan, Barbara) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

RECAP
63

ORDER granting 34 Motion to Dismiss. So Ordered by Judge Ronald R Lagueux on 4/29/09. (Gilfillan, Barbara) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

RECAP
64

CLERK'S JUDGMENT in favor of Donald L. Carcieri, Jane A. Hayward, Patricia Martinez against Alexis H., Briana H., Caesar S., Clare H., Danny B., David T., Deanna H., Michael B., Sam M., Tony M.. So Ordered by Deputy Clerk: on 4/29/09. (Gilfillan, Barbara) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

PACER
65

NOTICE OF APPEAL as to 63 Order on Motion to Dismiss, 64 Clerk's Judgment, by Caesar S., David T., Briana H., Alexis H., Clare H., Deanna H., Danny B., Michael B., Sam M., Tony M.. Appeal Record due by 6/29/2009. (Lambiase, Susan) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

PACER
66

APPEAL COVER SHEET AND CLERK'S CERTIFICATE Re: 65 Notice of Appeal filed by Briana H., Danny B., Michael B., Clare H., David T., Sam M., Tony M., Deanna H., Caesar S., Alexis H. (Gilfillan, Barbara) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
67

Certified and Transmitted Abbreviated Record on Appeal to US Court of Appeals re 65 Notice of Appeal (Gilfillan, Barbara) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER

USCA Case Number 09-1759 for 65 Notice of Appeal (Gilfillan, Barbara)

June 1, 2009

June 1, 2009

PACER
68

Supplemental Record on Appeal transmitted to US Court of Appeals re 65 Notice of Appeal (Gilfillan, Barbara) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER

Filing fee: $ 455.00, receipt number 14670001006 (Gilfillan, Barbara)

June 1, 2009

June 1, 2009

PACER
69

ORDER of USCA Reversing this Court's dismissal of the complaint and Remanding the case with directions to reinstate the complaint. 65 Notice of Appeal (Gilfillan, Barbara) (Entered: 06/21/2010)

June 18, 2010

June 18, 2010

PACER
70

USCA JUDGMENT as to 65 Notice of Appeal filed by Briana H., Danny B., Michael B., Clare H., David T., Sam M., Tony M., Deanna H., Caesar S., Alexis H. (Gilfillan, Barbara) (Entered: 06/22/2010)

June 18, 2010

June 18, 2010

PACER
71

MANDATE of USCA reversing this court's dismissal and reopening the case as to 65 Notice of Appeal filed by Briana H., Danny B., Michael B., Clare H., David T., Sam M., Tony M., Deanna H., Caesar S., Alexis H. (Gilfillan, Barbara) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER

Appeal Record Returned: 6 transcripts (Gilfillan, Barbara)

July 20, 2010

July 20, 2010

PACER
72

TAXATION OF COSTS BY THE 1ST CIRCUIT IN THE AMOUNT OF $1,929.20 (Gilfillan, Barbara) (Entered: 07/27/2010)

July 27, 2010

July 27, 2010

PACER
73

ORDER OF RECUSAL. So Ordered by Judge Ronald R Lagueux on 8/4/10. (Gilfillan, Barbara) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER

Case Reassigned to Judge Mary M Lisi. Judge Ronald R Lagueux no longer assigned to the case. (Farrell Pletcher, Paula)

Aug. 4, 2010

Aug. 4, 2010

PACER
74

NOTICE of Hearing: Rule 16 Conference set for Thursday, 9/30/2010 at 09:30 AM in Chief Judge Lisi Chambers - Room 307(Barletta, Barbara) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

PACER
75

AMENDED NOTICE of Hearing: Rule 16 Conference set for Thursday, 9/30/2010 at 09:30 AM in Chief Judge Lisi Chambers - Room 307; amended to correct time on notice (Barletta, Barbara) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

PACER
76

RULE 16 STATEMENT by Danny B., Michael B., Alexis H., Briana H., Clare H., Deanna H., Sam M., Tony M., Caesar S., David T.. (Lambiase, Susan) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER

Minute Entry for proceedings held before Chief Judge Mary M Lisi: Rule 16 Conference held on 9/30/2010; counsel of record present (Barletta, Barbara)

Sept. 30, 2010

Sept. 30, 2010

PACER
77

SCHEDULING ORDER: Defendants' Motion to Dismiss due by 11/1/2010; plaintiffs' response due by 12/1/10 - So Ordered by Chief Judge Mary M Lisi on 9/30/10. (Barletta, Barbara) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
78

MOTION to Seal Document by Donald L. Carcieri, Jane A. Hayward, Patricia Martinez. (Barletta, Barbara) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
79

MOTION to Dismiss for Lack of Jurisdiction by All Defendants. Responses due by 11/18/2010 (Attachments: # 1 Appendix A, # 2 Appendix B)(Baum, Brenda) (Entered: 11/01/2010)

1 Appendix A

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2 Appendix B

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Nov. 1, 2010

Nov. 1, 2010

PACER

Case Details

State / Territory: Rhode Island

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 28, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minor children in the legal custody of the Rhode Island Department of Children, Youth and Families (DCYF) due to a report or suspicion of abuse or neglect, seeking to represent a class of all children in DCYF custody due to a report or suspicion of abuse or neglect.

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

Secretary of the Executive Office of Health & Human Services, State

Governor of the State of Rhode Island, State

Director of the Department of Children, Youth and Families, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None yet

Amount Defendant Pays: 3,400,000

Order Duration: 2018 - None

Content of Injunction:

Reporting

Issues

General:

Access to lawyers or judicial system

Adoption

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Incident/accident reporting & investigations

Individualized planning

Juveniles

Neglect by staff

Parents (visitation, involvement)

Pattern or Practice

Placement in mental health facilities

Placement in shelters

Record-keeping

Restraints : physical

Sexual abuse by residents/inmates

Siblings (visitation, placement)

Special education

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Dental care

Intellectual/Developmental Disability

Medical care, general

Mental health care, general

Benefit Source:

Adoption Assistance and Child Welfare Act