Case: J.K. v. Eden

4:91-cv-00261 | U.S. District Court for the District of Arizona

Filed Date: May 8, 1991

Closed Date: March 21, 2014

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Case Summary

Representing the class of persons under age twenty-one who were eligible for behavioral health services through Medicaid's Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mandate, 42 U.S.C. § 1396 et seq., the Bazelon Center, Arizona Center for Disability Law, and National Center for Youth Law brought suit in 1991 in the U.S. District Court for the District of Arizona, against the state of Arizona.Both parties sought summary judgment, but in 1993, District Judge John Roll denied …

Both parties sought summary judgment, but in 1993, District Judge John Roll denied the motions. The defendants argued that the challenged conduct did not constitute state action at all because the Arizona Department of Health Services contracted with private health care providers to provide behavioral health services to eligible children. The court disagreed, holding that even though the private providers made decisions about levels of care for children, the state was ultimately responsible for the providers' compliance with the federal Medicaid statute. J.K. v. Dillenberg, 836 F. Supp. 694 (D. Ariz. 1993).

In 1995, plaintiffs renewed their motion for partial summary judgment, and on May 13, 1996, the Court granted the motion, declaring certain aspects of the state's policy unlawful and enjoining the defendants from reducing any plaintiff's Title XIX covered services based on medical needs assessments without providing notice and a fair hearing. (The Court denied the state's cross motion for summary judgment.) The case continued to move towards trial on other issues, but on August 10, 1998, the court granted the parties' joint motion for a year-and-a-half stay of all litigation, on specified terms from the joint motion (not available in the Clearinghouse). The agreement was at least in part to allow time for an independent expert to assess the adequacy of mental health and substance abuse services provided to the plaintiffs.

After completion of the independent study, the parties began settlement negotiations. They reached a settlement on March 27, 2001, which the district court preliminarily approved on April 5, 2001. Notice was provided to the class, and a fairness hearing was held on June 26, 2001, at which time the court approved the settlement. Under the settlement, which was set to last until July 2007, the State agreed to increase funding for training, respite care, pilot projects, and improvements in the structure of the state's behavioral health managed care system.

The agreement rested on broad principles that "require initiatives to improve front-line practice, enhance the capacity of private agencies to deliver needed services, promote collaboration among public agencies, and develop a quality management and improvement system focused on sound practice." The defendants agreed to move as quickly as practicable to deploy a system in compliance with the principles. The agreement allowed for court enforcement, but did not impose any deadlines for compliance. However, it did specify that "none of the parties may engage in activities which delay, prolong or frustrate performance of the obligations of this Agreement with the aim of taking advantage of the time-limited nature of this Settlement Agreement. The Court may, after application and a hearing, impose severe sanctions for such conduct."

On December 3, 2001, after a stipulation by the parties, the court approved attorneys’ fees payable to the plaintiffs' counsel of $1.2 million. Over the next several years, attorney's fees were paid to plaintiffs' counsel for its work monitoring and enforcing the settlement.

In January 2006, the plaintiffs invoked the settlement agreement's dispute resolution process, claiming that the state had not complied with the agreement, and in particular had failed to "move as quickly as is practicable to develop a Title XIX behavioral health system that delivers services according to the [settlement's] Principles" as required. On November 21, 2006, the parties agreed to amend the 2001 settlement by extending its compliance date from July 2007 till July 2010.

On March 6, 2009, plaintiffs again invoked the dispute resolution provisions by sending a letter to defendants, listing six serious issues in dispute. Although the parties agreed to the basic rules governing contract interpretation, they disagreed about the test to apply to determine whether defendants have breached any contractual obligation. Plaintiffs asserted that the test is whether defendants have substantially complied with the terms of the Agreement, while Defendants asserted that performance should be measured under a standard of good faith.

The parties were unable to resolve their differences, and on November 13, 2009, the plaintiffs filed a motion to enforce the settlement agreement. Plaintiffs asserted that defendants were in noncompliance because there were still too few intensive community services for children with complex needs, no quality management system, inadequate substance abuse services , inadequate training, a lack of promised benefits for youth aged eighteen to twenty-one, and no system for determining whether children were being served according to the settlement agreement. The defendants objected, arguing that the plaintiffs had failed to use the agreement's dispute resolution process, and that as a result the entire case should be terminated. In September 2010, the Court denied the defendant's motion to dismiss and denied the plaintiff's motion to enforce. The plaintiff re-urged the Court to enforce the settlement, and defendant moved again to dismiss the case and terminate the Court's jurisdiction. In February 2012, the Court again denied the motions. Furthermore, because the parties could not resolve the matter through mediation, the Court recommended appointment of a Special Master.

The Court outlined that the Special Master was to issue a written report recommending to the Court a resolution of the parties' differences concerning the interpretation of the Settlement Agreement and to recommend how to proceed in resolving any disputes arising under the Agreement if necessary. On November 15, 2012, the Court (Judge A. Wallace Tashima) signed an order appointing Justice Ruth V. McGregor as Special Master.

On May 17, 2013, the Special Master submitted the Special Master’s Report and Recommendation to the Court. The Special Master recommended that the Court limit the disputes for resolution to the issues expressly raised in plaintiffs’ March 2009 letter. The Special Master determined that the defendants had complied with contractual obligations related to substance abuse treatment, and that all other issues either did not raise a dispute cognizable under the Settlement Agreement or required factual development.

On July 9, 2013, Judge Tashima Adopted Special Master’s Report and Recommendation and granted Motion Special Master’s Application for Compensation, requiring the defendants to pay 100% of the Special Master’s fee.

Parties continued litigation until March 12, 2014, when plaintiffs filed Notice of Withdrawal of Motion for Enforcement of Settlement Agreement. On March 21, 2014, Judge Tashima granted the parties’ Joint Motion to Vacate Hearing and Dismiss Litigation, and the case was dismissed without prejudice.

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Summary Authors

Elizabeth Homan (11/28/2012)

Frances Hollander (2/14/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5269110/parties/john-doe-v-symington/

Judge(s)

Attorney for Plaintiff

Barkoff, Alison (District of Columbia)

Barnett, George Salazar (Arizona)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Baldino, Helen M. (Arizona)

Bond, Caroline Eileen (Arizona)

Expert/Monitor/Master/Other

Judge(s)

Roll, John McCarthy (Arizona)

Tashima, Atsushi Wallace (California)

Attorney for Plaintiff

Barkoff, Alison (District of Columbia)

Barnett, George Salazar (Arizona)

Burnim, Ira Abraham (District of Columbia)

Bussiere, Alice (California)

Cohen, Leslie J. (District of Columbia)

Cohen, Susanne B (Arizona)

Coulon, Robbin Michelle (Arizona)

Dietrich, Asim (Arizona)

Epstein, Dena Rose (Arizona)

Finberg, Jeanne (California)

Gardner, Patrick (California)

Giliberti, Mary (District of Columbia)

Graff, Julia (District of Columbia)

Hogan, Timothy Michael (Arizona)

LeMaire, Kerstin Gramatzki (Arizona)

McGarry, Joseph E (Arizona)

Michelson, Michelle S. (Arizona)

Morris, William Eric (Arizona)

Mudryk, Andrew M. (Arizona)

Myers, Edward Leo (Arizona)

Palamountain, Kathryn C. (California)

Read, Emily B. (District of Columbia)

Ronan, Anne (Arizona)

Samuels, Bruce (Arizona)

Sutton, Jared Lynn (Arizona)

Varma, Asim (Arizona)

Weiss, Jon David (Arizona)

Attorney for Defendant

Baldino, Helen M. (Arizona)

Bond, Caroline Eileen (Arizona)

Ching, Anthony B. (Arizona)

Devlin, Matthew Joseph (Arizona)

Federhar, Andrew Mark (Arizona)

Garrahan, Melinda (Arizona)

Good, Coni R. (Arizona)

Honig, Gregory David (Arizona)

Horne, Thomas C. (Arizona)

Johnston, Logan T. (Arizona)

Leeson, Amy Jo (Arizona)

McDonough, Lawrence (Arizona)

Niederdeppe, David L. (Arizona)

Plumb, Catherine Dodd (Arizona)

Ray, Kevin D. (Arizona)

Sammons, Winn L. (Arizona)

Shein, Margo F. (Arizona)

Sorce, Robert J (Arizona)

Steen, Paul E. (Arizona)

Expert/Monitor/Master/Other

McGregor, Ruth (Arizona)

(SM), Ruth V (Arizona)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:91-cv-00261	Docket (PACER) John Doe v. Symington	Aug. 13, 2014	Aug. 13, 2014 Docket
142 4:91-cv-00261	Opinion J.K. v. Dillenberg	Oct. 7, 1993	Oct. 7, 1993 Order/Opinion 836 F.Supp. 694
4:91-cv-00261	Settlement Agreement (Class Action)	March 1, 2001	March 1, 2001 Settlement Agreement
4:91-cv-00261	Letter to the State Regarding the Need for Data Collection and Reporting	Sept. 17, 2003	Sept. 17, 2003 Correspondence
4:91-cv-00261	Letter Invoking Dispute Resolution Provisions of the Settlement Agreement	Jan. 9, 2006	Jan. 9, 2006 Correspondence
443 4:91-cv-00261	Stipulation to Amend Settlement Agreement	Nov. 21, 2006	Nov. 21, 2006 Settlement Agreement
4:91-cv-00261	Letter Expressing Concerns About the State’s Proposed Quality Management System	Feb. 12, 2007	Feb. 12, 2007 Correspondence
4:91-cv-00261	Letter Regarding the State’s Plan for Development of Community-Based Direct Supports	March 21, 2007	March 21, 2007 Correspondence
4:91-cv-00261	Letter Expressing Concerns About the State’s Three-Year Plan	April 4, 2007	April 4, 2007 Correspondence
4:91-cv-00261	Letter Expressing Concerns About the State’s Quality Management System	May 21, 2008	May 21, 2008 Correspondence

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Resources

Title	Description		External URL Date / External URL
J.K. v. Humble The Bazelon Center	J.K. v. Humble (originally filed as J.K. v. Eden) challenged Arizona’s failure to provide mental health services to poor children, resulting in a landmark settlement reforming the state’s behavioral …	2017	Jan. 1, 2017 http://www.bazelon.org/...
Additional information on JK Settlement Agreement Arizona Department of Health Services	Provides additional information about the J.K. Settlement Agreement, which requires the state to foster the development of a children's behavioral health system that delivers services according to tw…	April 27, 2009	April 27, 2009 https://www.azahcccs.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5269110/john-doe-v-symington/

Last updated June 22, 2025, 4:29 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FILED AND SUMMONS ISSUED (former emp) (Entered: 05/15/1991)	May 8, 1991	May 8, 1991 PACER
2	MOTION for leave to proceed in pseudonym by plaintiff [2-1] (former emp) (Entered: 05/15/1991)	May 9, 1991	May 9, 1991 PACER
3	MEMORANDUM IN SUPPORT by plaintiff motion for leave to proceed in pseudonym by plaintiff [2-1] [2-1] (former emp) (Entered: 05/15/1991)	May 9, 1991	May 9, 1991 PACER
4	RETURN OF SERVICE EXECUTED personally by defendant Richard Wilson on 5/9/91 (former emp) (Entered: 05/15/1991)	May 13, 1991	May 13, 1991 PACER
5	RETURN OF SERVICE EXECUTED personally by defendant Kathryn Graybill on 5/9/91 (former emp) (Entered: 05/15/1991)	May 13, 1991	May 13, 1991 PACER
6	RETURN OF SERVICE EXECUTED personally by defendant Miriam Kyle on 5/9/91 (former emp) (Entered: 05/15/1991)	May 13, 1991	May 13, 1991 PACER
7	RETURN OF SERVICE EXECUTED personally by defendant Gary E Ackerson on 5/10/91 (former emp) (Entered: 05/16/1991)	May 15, 1991	May 15, 1991 PACER
8	RETURN OF SERVICE EXECUTED personally by defendant Leonard Kirshner on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
9	RETURN OF SERVICE EXECUTED personally by defendant Boyd Dover on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
10	RETURN OF SERVICE EXECUTED personaly by defendant Ted Williams on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
11	RETURN OF SERVICE EXECUTED personally by defendant Fife Symington on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
12	RETURN OF SERVICE EXECUTED personally by defendant Carol Hurtt on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
13	RETURN OF SERVICE EXECUTED personally by defendant Linda Moore-Cannon on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
14	RETURN OF SERVICE EXECUTED personally by defendant C Diane Bishop on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
15	RETURN OF SERVICE EXECUTED personally by defendant William L McDonald on 5/9/91 (former emp) (Entered: 05/21/1991)	May 20, 1991	May 20, 1991 PACER
16	ORDER by Judge Richard M. Bilby granting motion for leave to proceed in pseudonym by plaintiff [2-1] (cc: all counsel) (former emp) (Entered: 05/24/1991)	May 23, 1991	May 23, 1991 PACER
17	ANSWER by defendant Linda Moore-Cannon (ADEC) (former emp) (Entered: 07/25/1991)	July 22, 1991	July 22, 1991 PACER
18	STIPULATION to exttm to ans (former emp) (Entered: 07/29/1991)	July 25, 1991	July 25, 1991 PACER
19	ORDER by Judge Richard M. Bilby granting stipulation to exttm to file answer to complaint until 8/5/91 (cc: all counsel) (former emp) (Entered: 08/05/1991)	July 30, 1991	July 30, 1991 PACER
20	ANSWER by defendant William L McDonald, defendant Ted Williams, defendant Boyd Dover, defendant Linda Moore-Cannon, defendant C Diane Bishop, defendant Carol Hurtt, defendant Richard Wilson, defendant Kathryn Graybill (former emp) (Entered: 08/08/1991)	Aug. 5, 1991	Aug. 5, 1991 PACER
21	MOTION dismiss by defendant Fife Symington [21-1] (former emp) (Entered: 08/08/1991)	Aug. 5, 1991	Aug. 5, 1991 PACER
22	MEMORANDUM IN SUPPORT by defendant Fife Symington motion dismiss by defendant Fife Symington [21-1] [21-1] (former emp) (Entered: 08/08/1991)	Aug. 5, 1991	Aug. 5, 1991 PACER
23	MOTION dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] (former emp) (Entered: 08/09/1991)	Aug. 6, 1991	Aug. 6, 1991 PACER
24	NOTICE OF HEARING setting motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] at 1:00 10/15/91 (former emp) (Entered: 08/09/1991)	Aug. 6, 1991	Aug. 6, 1991 PACER
25	STIPULATION for ext of time to resp to mot to dism dfts Ackerson & Kyle (former emp) (Entered: 08/23/1991)	Aug. 20, 1991	Aug. 20, 1991 PACER
26	ORDER by Judge Richard M. Bilby granting stipulation to provide pla until 8/30/91 to file resp to Mot to Dism(cc: all counsel) (former emp) (Entered: 08/23/1991)	Aug. 21, 1991	Aug. 21, 1991 PACER
27	ANSWER by defendant Leonard Kirshner (former emp) (Entered: 08/28/1991)	Aug. 23, 1991	Aug. 23, 1991 PACER
28	RESPONSE by plaintiff to motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] (former emp) (Entered: 09/03/1991)	Aug. 30, 1991	Aug. 30, 1991 PACER
29	REPLY by Gary E Ackerson, Miriam Kyle to motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] [23-1] (former emp) (Entered: 09/16/1991)	Sept. 13, 1991	Sept. 13, 1991 PACER
30	MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: granting motion dismiss by defendant Fife Symington [21-1] party Fife Symington dism. See m/e for details (cc: all counsel) (former emp) (Entered: 09/19/1991)	Sept. 18, 1991	Sept. 18, 1991 PACER
31	NOTICE OF HEARING by plaintiff setting motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] at 1:45 10/21/91 (former emp) (Entered: 09/26/1991)	Sept. 25, 1991	Sept. 25, 1991 PACER
32	MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis HRG held Teleph ORD denying motion dismiss by deft Ackerson and Miriam Kyle [23-1] amend complaint by 1/10/92, case stayed until 1/10/92, (cc: all counsel) (VDA) (Entered: 10/21/1991)	Oct. 21, 1991	Oct. 21, 1991 PACER
33	MOTION to stay by plaintiff [33-1] (former emp) (Entered: 01/07/1992)	Jan. 6, 1992	Jan. 6, 1992 PACER
34	MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: granting motion to stay by plaintiff [33-1], case stayed until 2/10/92 (cc: all counsel) (former emp) (Entered: 01/10/1992)	Jan. 8, 1992	Jan. 8, 1992 PACER
35	MOTION to substitute attorney by plaintiff [35-1] (re Jenny Moon-Hobbas as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
36	MOTION to substitute attorney by plaintiff [36-1] (re Harold Wernes as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
37	MOTION to substitute attorney by plaintiff [37-1] (re Sonja Simms as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
38	MOTION to substitute attorney by plaintiff [38-1] (re Louise Walls as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
39	MOTION to substitute attorney by plaintiff [39-1] ana Dawson as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
40	MOTION to substitute attorney by plaintiff [40-1] (re Regina Koch as next friend) (former emp) (Entered: 02/11/1992)	Feb. 10, 1992	Feb. 10, 1992 PACER
41	ORDER by Judge Richard M. Bilby granting motion to substitute attorney by plaintiff [35-1 thru 40-1] attorney George Salazar Barnett for SEALED 1 and substituting attorney Leslie J Cohen (former emp) (Entered: 02/12/1992)	Feb. 11, 1992	Feb. 11, 1992 PACER
42	MOTION dismiss claims by plaintiff [42-1], and to amend complaint by plaintiff [42-2] (former emp) (Entered: 02/18/1992)	Feb. 12, 1992	Feb. 12, 1992 PACER
43	NOTICE by defendant Leonard Kirshner of service of 1st set of interrogs and req for adms and for prod of documents (former emp) (Entered: 02/21/1992)	Feb. 20, 1992	Feb. 20, 1992 PACER
44	RESPONSE by defendant Leonard Kirshner to motion to amend complaint by plaintiff [42-2] (former emp) (Entered: 02/21/1992)	Feb. 20, 1992	Feb. 20, 1992 PACER
52	NOTICE by plaintiff of service of non-unif interrogs and req for adms (former emp) (Entered: 03/25/1992)	Feb. 24, 1992	Feb. 24, 1992 PACER
45	MINUTE ENTRY Judge Inits: (RMB_ Crt Rptr: status hearing set 3/31/92 at 9:00 am b/f law clerk See m/e for details (cc: all counsel) (former emp) (Entered: 03/05/1992)	March 3, 1992	March 3, 1992 PACER
46	ORDER by Judge Richard M. Bilby granting motion dismiss claims by plaintiff [42-1] granting motion to amend complaint by plaintiff [42-2] dismissing party Kathryn Graybill, party Miriam Kyle, party Gary E Ackerson, party Richard Wilson, party Carol Hurtt, party C Diane Bishop, party Linda Moore-Cannon, party William L McDonald (cc: all counsel) (former emp) (Entered: 03/09/1992)	March 5, 1992	March 5, 1992 PACER
47	AMENDED COMPLAINT by plaintiff [1-1] terminating defendant Boyd Dover, defendant Ted Williams; adding Alethia Caldwell, Jerome Breen (former emp) (Entered: 03/09/1992)	March 5, 1992	March 5, 1992 PACER
48	NOTICE by plaintiff of service of 1st amd cmplt (former emp) (Entered: 03/16/1992)	March 12, 1992	March 12, 1992 PACER
49	ANSWER by defendant Leonard Kirshner (former emp) (Entered: 03/19/1992)	March 18, 1992	March 18, 1992 PACER
50	NOTICE by plaintiff of serv of req for prod and non-unif interrogs (former emp) (Entered: 03/23/1992)	March 20, 1992	March 20, 1992 PACER
51	NOTICE by plaintiff of service of req for prod and non-unif interrogs (dfts Caldwell & Breen) (former emp) Modified on 04/02/1992 (Entered: 03/23/1992)	March 20, 1992	March 20, 1992 PACER
53	ANSWER by defendant Alethia Caldwell, defendant Jerome Breen (former emp) (Entered: 04/01/1992)	March 31, 1992	March 31, 1992 PACER
54	MINUTE ENTRY Judge Inits: (RMB) status report due 4/14/92 & 8/14/92, ptys to excg and file wit lsts by 6/22/92 pretrial order ddl 9/3/92 at 5:00 pm discovery ddl and dispositive motions ddl 8/3/92 (cc: all counsel) (former emp) (Entered: 04/03/1992)	April 1, 1992	April 1, 1992 PACER
55	NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Steve Vitali on the following date(s): 5/4/92 at 9:00 am (former emp) (Entered: 04/08/1992)	April 7, 1992	April 7, 1992 PACER
56	NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Maria Hoffman on the following date(s): 5/6/92 at 9:00 am (former emp) (Entered: 04/08/1992)	April 7, 1992	April 7, 1992 PACER
57	AMENDED NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Maria on the following date(s): 5/13/92 at 9:00 am (former emp) (Entered: 04/08/1992)	April 7, 1992	April 7, 1992 PACER
58	AMENDED NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Stve Vitali on the following date(s): 5/11/92 at 9:00 am (former emp) (Entered: 04/08/1992)	April 7, 1992	April 7, 1992 PACER
59	NOTICE by Leonard Kirshner of Service of ans to pla's 1st req for prod of documents & non-unif interrogs (former emp) (Entered: 04/16/1992)	April 16, 1992	April 16, 1992 PACER
60	NOTICE by defendant of srvc of discovery papers. (former emp) (Entered: 04/23/1992)	April 22, 1992	April 22, 1992 PACER
61	JOINT MOTION to extend time deadlines by pla, dft [61-1] (former emp) (Entered: 06/18/1992)	June 16, 1992	June 16, 1992 PACER
62	MINUTE ENTRY Judge Inits: (RMB) granting motion to extend time deadlines by pla, dft [61-1] proposed PTO (42c) vacated, status hearing reset to 10/6/92 at 9:00 am (cc: all counsel) (former emp) (Entered: 06/26/1992)	June 24, 1992	June 24, 1992 PACER
63	MINUTE ENTRY Judge Inits: (RMB) status hearing held, status report due 11/6/92 (cc: all counsel) (former emp) (Entered: 10/09/1992)	Oct. 8, 1992	Oct. 8, 1992 PACER
64	MINUTE ENTRY Judge Inits: (RMB) status report due 12/16/92 or matter wil be set for ct status (cc: all counsel) (former emp) (Entered: 12/09/1992)	Dec. 7, 1992	Dec. 7, 1992 PACER
65	STIPULATION to extend disc ddls (former emp) (Entered: 12/10/1992)	Dec. 8, 1992	Dec. 8, 1992 PACER
66	MINUTE ENTRY Judge Inits: (RMB) granting stipulation tht aall disc is this matter is stayed status hearing set for 3/15/93 at 1:00 (cc: all counsel) (former emp) (Entered: 12/15/1992)	Dec. 10, 1992	Dec. 10, 1992 PACER
67	MINUTE ENTRY Judge Inits: (RMB) ORD m/e of 12/8/92 is amd to reflect status hearing set for 3/15/93 at 9:00 (cc: all counsel) (former emp) (Entered: 12/15/1992)	Dec. 14, 1992	Dec. 14, 1992 PACER
68	MINUTE ENTRY Judge Inits: RMB wit list ddl 8/16/93; discovery ddl 10/1/93; dispositive motions ddl 11/1/93; pretrial conference ddl 12/1/93 (cc: all counsel) (former emp) (Entered: 03/15/1993)	March 15, 1993	March 15, 1993 PACER
69	ATTORNEY APPEARANCE for dft Alethia Caldwell by Andrew Mark Federhar (former emp) (Entered: 03/22/1993)	March 19, 1993	March 19, 1993 PACER
70	MOTION to amend complaint by pla [70-1] (former emp) (Entered: 03/29/1993)	March 25, 1993	March 25, 1993 PACER
71	MOTION to certify class action by pla [71-1] (former emp) (Entered: 03/29/1993)	March 25, 1993	March 25, 1993 PACER
72	MOTION to exceed the page limit re: mtn for pt sum jgm by pla [72-1] (former emp) (Entered: 03/29/1993)	March 25, 1993	March 25, 1993 PACER
	LODGED plas' mtn for pt sum jgm, stmt of facts (former emp)	March 25, 1993	March 25, 1993 PACER
73	MOTION TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1] (former emp) (Entered: 03/29/1993)	March 25, 1993	March 25, 1993 PACER
74	MINUTE ENTRY Judge Inits: (RMB) Case reassigned to Judge John M. Roll (with notice sent) (cc: all counsel) (former emp) (Entered: 03/30/1993)	March 29, 1993	March 29, 1993 PACER
75	MOTION to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] (former emp) (Entered: 04/01/1993)	March 31, 1993	March 31, 1993 PACER
76	JOINDER by dft Leonard Kirshner to mtn for extt of time filed by co-dfts [75-1] (former emp) (Entered: 04/07/1993)	April 5, 1993	April 5, 1993 PACER
77	MINUTE ENTRY Judge Inits: (JMR) status hearing set for 4/20/93 at 1:30 (cc: all counsel) (former emp) (Entered: 04/13/1993)	April 8, 1993	April 8, 1993 PACER
78	RESPONSE by pla to motion to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] (former emp) (Entered: 04/13/1993)	April 8, 1993	April 8, 1993 PACER
79	MINUTE ENTRY Judge Inits: (JMR) granting motion to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] only until such time as ct has the opportunity to meet w/all cnsl and discuss certain pending issues status hearing reset for 4/20/93 at 8:30 (cc: all counsel) (former emp) (Entered: 04/13/1993)	April 8, 1993	April 8, 1993 PACER
80	RESPONSE by dft Leonard Kirshner to mtn TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1], mtn to exceed the page limit re: mtn for pt sum jgm by pla [72-1] (former emp) (Entered: 04/15/1993)	April 9, 1993	April 9, 1993 PACER
81	REPLY by Alethia Caldwell, Jerome Breen to motion response to dft Caldwells and Breen's mtn to exttm to resp to class cert (former emp) (Entered: 04/20/1993)	April 19, 1993	April 19, 1993 PACER
82	ORDER by Judge John M. Roll granting motion TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1], granting motion to exceed the page limit re: mtn for pt sum jgm by pla [72-1], setting motion to certify class action by pla [71-1] at 11:00 6/21/93, granting motion to amend complaint by pla [70-1] FUR ORD dfts have until 6/7/93 to file resp to pla's mtn for pt sum jgm. Hrg to be held 7/19/93 at 9:00 (see ord for furth details) (cc: all counsel) (former emp) (Entered: 04/27/1993)	April 21, 1993	April 21, 1993 PACER
83	MOTION for partial summary judgment by pla [83-1] (former emp) (Entered: 04/27/1993)	April 21, 1993	April 21, 1993 PACER
84	(SEALED) STATEMENT OF FACTS by pla re motion for partial summary judgment by pla [83-1] (former emp) (Entered: 04/27/1993)	April 21, 1993	April 21, 1993 PACER
85	2ND AMENDED COMPLAINT by pla [47-1], [1-1] terminating dft Jerome Breen, dft Alethia Caldwell; adding Jack Dillenberg, Charles Carbone (former emp) (Entered: 04/28/1993)	April 26, 1993	April 26, 1993 PACER
86	MINUTE ENTRY Judge Inits: (JMR) resetting motion for partial summary judgment by pla [83-1] at 9:00 8/2/93 (cc: all counsel) (former emp) (Entered: 05/03/1993)	April 28, 1993	April 28, 1993 PACER
87	MOTION to dismiss case by dft Leonard Kirshner [87-1] (former emp) (Entered: 05/18/1993)	May 11, 1993	May 11, 1993 PACER
88	NOTICE by pla of req for prod of docus, non uni interrogs (former emp) (Entered: 05/20/1993)	May 19, 1993	May 19, 1993 PACER
89	MINUTE ENTRY Judge Inits: (JMR) ORD tht all litigation ddls are vacated until such time as the ct rules on the pending disp mtns (cc: all counsel) (former emp) (Entered: 05/20/1993)	May 19, 1993	May 19, 1993 PACER
90	RESPONSE to motion by Jack Dillenberg, Charles Carbone and CROSS-MOTION for subclass determination by Jack Dillenberg, Charles Carbone [90-1] (RE: [71-1] ) (former emp) (Entered: 05/24/1993)	May 20, 1993	May 20, 1993 PACER
91	ANSWER by Jack Dillenberg, Charles Carbone (former emp) (Entered: 05/24/1993)	May 21, 1993	May 21, 1993 PACER
92	JOINDER by Jack Dillenberg, Charles Carbone to Kirschner's mtn to dism [87-1] and mtn to dism (former emp) (Entered: 05/24/1993)	May 21, 1993	May 21, 1993 PACER
93	STATEMENT OF FACTS by Jack Dillenberg, Charles Carbone re motion dismiss by Jack Dillenberg, Charles Carbone [92-1] (former emp) (Entered: 05/24/1993)	May 21, 1993	May 21, 1993 PACER
94	MEMORANDUM IN SUPPORT by Jack Dillenberg, Charles Carbone of motion dismiss by Jack Dillenberg, Charles Carbone [92-1] (former emp) (Entered: 05/24/1993)	May 21, 1993	May 21, 1993 PACER
95	NOTICE by Jack Dillenberg, Charles Carbone of filing original afdt of Aimee Schwartz (former emp) (Entered: 05/24/1993)	May 21, 1993	May 21, 1993 PACER
96	JOINDER by dft to resp to mtn for class cert and x-mtn for subclass determination [90-2] (former emp) (Entered: 05/26/1993)	May 24, 1993	May 24, 1993 PACER
97	MOTION to subst exhs by Jack Dillenberg, Charles Carbone [97-1] (former emp) (Entered: 06/03/1993)	June 1, 1993	June 1, 1993 PACER
98	RESPONSE to motion by dft Jack Dillenberg, dft Charles Carbone and CROSS-MOTION for partial summary judgment by dft Jack Dillenberg, dft Charles Carbone [98-1] (RE: [83-1] (former emp) (Entered: 06/07/1993)	June 4, 1993	June 4, 1993 PACER
99	MEMORANDUM by dft Jack Dillenberg, dft Charles Carbone in sup of resp to mtn for psumjgm and x/mtn for psumjgm. (former emp) (Entered: 06/07/1993)	June 4, 1993	June 4, 1993 PACER

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