Case: D.G. v. Henry

4:08-cv-00074 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Feb. 13, 2008

Closed Date: March 13, 2025

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Case Summary

The plaintiffs, represented by Children's Rights, filed this class action suit against the Oklahoma Department of Human Services (DHS) in February 2008 in the U.S. District Court for the Northern District of Oklahoma. The complaint alleged violations of the First, Fifth, Ninth, and Fourteenth Amendments of the U.S. Constitution, the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 621 et seq., the Adoption and Safe Families Act of 1997, 42 U.S.C. § 670 et seq., and Oklahoma state law. The complaint alleged that DHS placed children in dangerous and inappropriate placements, including extended stays in emergency shelters; failed to monitor the safety of children in DHS custody due to excessive case worker caseloads; failed to provide mental health and other behavioral services; and failed to provide legal representation. The plaintiffs sought declaratory relief and a permanent injunction enjoining defendants from subjecting plaintiffs to practices that violate their constitutional rights.

In April 2008, the defendants moved to dismiss the case and several Oklahoma-based children's agencies filed amici curiae briefs in response. In January 2009, Judge Gregory K. Frizzell granted the motion to dismiss claims under federal common law and the Adoption Assistance and Child Welfare Act of 1980, but denied the motion with regard to the other claims. D.G. v. Henry, 594 F. Supp. 2d 1273 (N.D. Okl. 2009).

On May 5, 2009, the court certified the class of the plaintiffs as all children who are or will be in the legal custody of the Oklahoma Department of Human Services (1) due to a report or suspicion of abuse or neglect; or (2) who are or will be adjudicated deprived due to abuse or neglect. The defendants appealed the ruling to the 10th Circuit Court of Appeals, but in February 2010, the appellate court upheld the class certification.

The parties then engaged in extensive and contested discovery. The plaintiffs provided five expert reports and filed numerous motions to compel the defendants to produce various items. The defendants moved for summary judgment and to decertify the class. In November and December 2011, the court denied the motion to decertify and granted the motion for summary judgment only as to claims pertaining to rights of familial association and procedural due process. 2011 WL 6009628. The case proceeded towards a trial scheduled for February 2012.

Meanwhile, the parties engaged in court-supervised settlement conferences. By January 2012, they negotiated an agreement providing for structural reorganization of DHS and appointed experts to oversee the development and implementation of the Compromise Settlement Agreement (CSA). After a series of fairness hearings, the court approved the CSA on February 29, 2012.

The CSA implementation plans provided that the defendant DHS would restructure its agency; improve screening, investigating, and reporting of abuse; reduce the use of emergency shelters; and reduce workloads and improve training for caseworkers. The parties agreed to designate three individuals as Co-Neutrals to act as arbiters of any dispute arising out of the CSA and to evaluate and render judgments about DHS's ongoing compliance efforts. The implementation of the CSA would take at least five years. Additionally, on March 31, 2013, the Court ordered the defendants to pay attorneys' fees and expenses in the amount of about $6 million. 2013 WL 1343151.

Although DHS originally planned to exit from the CSA in December 2016, it was unable to do so for failure to adequately comply with its terms. In their August 2018 report, the Co-Neutrals noted that although DHS had made important advancements over the course of its reform, those advances were not yet fully instituted, particularly with respect to manageable caseloads and an adequate array of placements for children. The report noted that in some areas, most critically safety for children in the care and custody of DHS, the department’s efforts had been inadequate.

In May 2018, the Co-Neutrals requested that the Court suspend the operations of a particular children's center for failure to comply with the CSA. The Court granted this request and DHS complied by relocating the children from that center.

On June 5, 2018, the court entered a judgment and terminated the case. However, the case was reopened three years later when the parties moved to modify the settlement on December 13, 2021. This motion noted that unforeseen circumstances, namely the COVID-19 pandemic, seriously impacted the defendant’s good faith efforts to comply with the settlement agreement. As a result, the parties agreed to suspend the previously scheduled biannual good faith determinations by the Co-Neutrals during the pandemic recovery period as to some of the defendant's obligations. The court granted the motion the following day.

On March 22, 2023, the Co-Neutrals determined that the Department had met the two-year continuous period of good faith requirements mandated by the CSA as to the obligations that had not been delayed by COVID-19. On April 24, 2023, the court issued an order terminating these obligations.

Two years later, on February 11, 2025, the Co-Neutrals filed a final report indicating the defendants had complied for two years with the remaining CSA obligations. A month later, on March 13, the court terminated the defendant's obligations under the CSA. 2025 WL 818166. The case is now closed.

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Summary Authors

Elizabeth Homan (12/21/2012)

Katherine Reineck (1/30/2016)

Eva Richardson (12/25/2018)

Isabel Bysiewicz (3/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4364181/parties/dg-v-henry/

Judge(s)

Attorney for Plaintiff

Almonrode, Patrick S. (New York)

Barber, Philip (New York)

Bauer, Andrew B. (New York)

Attorney for Defendant

Askew, Thomas Martin (Oklahoma)

Barnett, Elizabeth (Oklahoma)

Judge(s)

Frizzell, Gregory Kent (Oklahoma)

McCarthy, Frank H. (Oklahoma)

Siler, Eugene Edward Jr. (Kentucky)

Attorney for Plaintiff

Almonrode, Patrick S. (New York)

Barber, Philip (New York)

Bauer, Andrew B. (New York)

Beckman, Mark A. (New York)

Borten, Laurence D. (New York)

Cahalan, John S. (New York)

Day, Bruce (Oklahoma)

DeMuro, Paul (Ohio)

Dorwart, Frederic (Oklahoma)

Edwards, Joe (Oklahoma)

Fontaine, Rose Nadine (Oklahoma)

Fontaine, R. Nadine (New York)

Frei-Pearson, Jeremiah (New York)

Geraci, Phil A. (New York)

Geraci, Phillip A (Oklahoma)

Graham, Scott Alan (Oklahoma)

Grewal-Kok, Yasmin (New York)

Henek, Carly (New York)

Ingber, Miriam F. (New York)

Kapell, William (New York)

Lambiase, Susan (New York)

Lewis, G. Michael (Oklahoma)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Miller, Jodi Kim (New York)

Moff, Jason Michael (New York)

Robinson-Glasser, Sara (New York)

Russo, Sarah (New York)

Seymour, R. Thomas (Oklahoma)

Vicari, Angela Rosalee (New York)

Wiltsek, Gena E. (New York)

Attorney for Defendant

Askew, Thomas Martin (Oklahoma)

Barnett, Elizabeth (Oklahoma)

Baze, Ronald E (Oklahoma)

Bingham, Donald Mitchell (Oklahoma)

Boughton, Scott David (Oklahoma)

Cortes, Stephen (Oklahoma)

DeSimone, Donna M. (Oklahoma)

Everest, Tricia Louise (Oklahoma)

Fagan, Emily B (Oklahoma)

Freeman, Richard Weldon Jr. (Oklahoma)

Garren, Richard T. (Oklahoma)

Gentry, Dorothy Sharon (Oklahoma)

Hall, Melvin Curtis (Oklahoma)

Hillerman, Holly M. (Oklahoma)

Jr, Richard Weldon (Oklahoma)

Jr, John Patrick (Oklahoma)

Koepsel, Kristopher Edward (Oklahoma)

LaBauve, Elizabeth Barnett (Oklahoma)

Mensching, John Patrick Jr. (Oklahoma)

Meyers, D. Kent (Oklahoma)

Nance, Robert A. (Oklahoma)

Nigh, Holly M. (Oklahoma)

O'Leary, Catherine A. (Oklahoma)

Page, David Phillip (Oklahoma)

Resetaritz, Richard Alan (Oklahoma)

Simone, Donna Marie (Oklahoma)

Skeith, Robert P. (Oklahoma)

Strealy, Joseph W. (Oklahoma)

Theban, Stephanie L. (Oklahoma)

Walters, Joseph (Oklahoma)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:08-cv-00074	Docket [PACER]	July 13, 2018	July 13, 2018 Docket
2 4:08-cv-00074	Complaint for Injunctive and Declaratory Relief and Request for Class Action	Feb. 13, 2008	Feb. 13, 2008 Complaint
189 4:08-cv-00074	Opinion and Order	Dec. 11, 2008	Dec. 11, 2008 Order/Opinion 591 F.Supp.2d 1186
220 4:08-cv-00074	Opinion and Order	Jan. 19, 2009	Jan. 19, 2009 Order/Opinion 594 F.Supp.2d 1273
249 4:08-cv-00074	Opinion and Order	Feb. 20, 2009	Feb. 20, 2009 Order/Opinion 2009 WL 455266
260 4:08-cv-00074	Opinion and Order	April 15, 2009	April 15, 2009 Order/Opinion 2009 WL 1011595
270 4:08-cv-00074	Reporter's Transcript of Proceedings	May 5, 2009	May 5, 2009 Transcript
324 09-05093	Opinion and Order from the U.S. Court of Appeals, Tenth Circuit DG v. Devaughn U.S. Court of Appeals for the Tenth Circuit	Feb. 8, 2010	Feb. 8, 2010 Order/Opinion 594 F.3d 1188
329 09-05093	RE: 09-5093, DG, et al v. DeVaughn, et al D.G. v. DeVaughn U.S. Court of Appeals for the Tenth Circuit	March 2, 2010	March 2, 2010 Correspondence
336 4:08-cv-00074	Opinion and Order	March 24, 2010	March 24, 2010 Order/Opinion 2010 WL 1257621

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4364181/dg-v-henry/

Last updated April 13, 2026, 4:38 a.m.

ECF Number	Description	Date	Link Date / Link
1	CIVIL COVER SHEET by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (lml, Dpty Clk) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
2	COMPLAINT against all defendants by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (lml, Dpty Clk) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008 Clearinghouse
3	FILING FEES Paid in Full by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (lml, Dpty Clk) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
4	MOTION to Certify Class, MOTION for Appointment of Counsel and Brief in Support Thereof by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (With attachments) (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
5	MOTION for Attorney(s) Marcia Robinson Lowry to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391017) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
6	MOTION for Attorney(s) Ira P. Lustbader to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391037) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
7	MOTION for Attorney(s) Yasmin Grewal-Kok to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391046) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
8	MOTION for Attorney(s) Jeremiah Frei-Pearson to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391051) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
9	MOTION for Attorney(s) Phillip A. Geraci to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391095) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
10	MOTION for Attorney(s) Mark A. Beckman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391107) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
11	MOTION for Attorney(s) Nadine Fontaine to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391111) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
12	MOTION for Attorney(s) Carly Henek to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391135) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
13	MOTION for Attorney(s) Andrew Bauer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 10850000000000391138) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/13/2008)	Feb. 13, 2008	Feb. 13, 2008
14	ORDER by Judge Gregory K Frizzell ; granting 5 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
15	ORDER by Judge Gregory K Frizzell ; granting 6 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
16	ORDER by Judge Gregory K Frizzell ; granting 7 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) Modified on 2/15/2008 ENTERED IN ERROR -NO SIGNATURE ON PDF; SEE 23 FOR SIGNED PDF (crp, Dpty Clk). (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
17	ORDER by Judge Gregory K Frizzell ; granting 8 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
18	ORDER by Judge Gregory K Frizzell ; granting 9 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
19	ORDER by Judge Gregory K Frizzell ; granting 10 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) Modified on 2/15/2008 ENTERED IN ERROR - NO SIGNATURE ON PDF; SEE 24 FOR SIGNED PDF (crp, Dpty Clk). (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
20	ORDER by Judge Gregory K Frizzell ; granting 11 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
21	ORDER by Judge Gregory K Frizzell ; granting 13 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
22	ORDER by Judge Gregory K Frizzell ; granting 12 Motion for Admission Pro Hac Vice (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
23	ORDER by Judge Gregory K Frizzell (Re: 16 Order, Ruling on Motion for Admission Pro Hac Vice ) (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
24	ORDER by Judge Gregory K Frizzell (Re: 19 Order, Ruling on Motion for Admission Pro Hac Vice ) (hbo, Dpty Clk) (Entered: 02/14/2008)	Feb. 14, 2008	Feb. 14, 2008
25	WAIVER of Service of Summons sent to C Brad Henry Returned Executed (Re: 2 Complaint ) by J.P., R.J., G.C., K.T., D.G., C.S., J.B., A.P., J.A. (Dorwart, Frederic) (Entered: 02/15/2008)	Feb. 15, 2008	Feb. 15, 2008
26	ATTORNEY APPEARANCE by Donald Mitchell Bingham on behalf of Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Bingham, Donald) (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008
27	Opposed MOTION for Extension of Time to Respond to Motion (Re: 4 MOTION to Certify Class MOTION for Appointment of Counsel and Brief in Support Thereof ) by Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Bingham, Donald) Modified on 3/3/2008 to remove C Brad Henry as a filer (sac, Dpty Clk). (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008
28	BRIEF in Support of Motion (Re: 27 Opposed MOTION for Extension of Time to Respond to Motion ) by C Brad Henry, Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick ; (Bingham, Donald) Modified on 3/3/2008; this ENTRY MADE IN ERROR - wrong PDF attached - counsel notified to REFILE within 24 hours (sac, Dpty Clk). (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008
	NOTICE of Docket Entry Modification; Error: 26 - attorney appearance link not made; 27 - C Brad Henry was selected as a filer; 28 - wrong PDF attached; Correction: 26 - added attorney to docket sheet; 27 - removed C Brad Henry as a filer; 28 - notified counsel to REFILE w/i 24 hours (Re: 26 Appearance - Attorney, 28 Brief in Support of Motion, 27 Opposed MOTION for Extension of Time to Respond to Motion ) (sac, Dpty Clk)	March 3, 2008	March 3, 2008
29	BRIEF in Support of Motion (Re: 27 Opposed MOTION for Extension of Time to Respond to Motion ) by Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick ; (Bingham, Donald) (Entered: 03/04/2008)	March 4, 2008	March 4, 2008
30	ATTORNEY APPEARANCE by Donna Marie De Simone on behalf of Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (De Simone, Donna) (Entered: 03/04/2008)	March 4, 2008	March 4, 2008
31	RESPONSE in Opposition to Motion (Re: 27 Opposed MOTION for Extension of Time to Respond to Motion ) by JP, RJ, GC, KT, DG, CS, JB, AP, JA ; (Dorwart, Frederic) (Entered: 03/04/2008)	March 4, 2008	March 4, 2008
32	ATTORNEY APPEARANCE by Melvin Curtis Hall on behalf of Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Hall, Melvin) (Entered: 03/07/2008)	March 7, 2008	March 7, 2008
33	CERTIFICATE of Service (Re: 32 Appearance - Attorney, ) by Richard L DeVaughn, Ronald L Mercer, Wayne Cunningham, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Hall, Melvin) (Entered: 03/10/2008)	March 10, 2008	March 10, 2008
34	NOTICE of Dismissal, dismissing Wayne Cunningham, (Re: 2 Complaint ) by JP, RJ, GC, KT, DG, CS, JB, AP, JA (Dorwart, Frederic) (Entered: 03/11/2008)	March 11, 2008	March 11, 2008
35	ATTORNEY APPEARANCE by Paul DeMuro on behalf of JP, RJ, GC, KT, DG, CS, JB, AP, JA (DeMuro, Paul) (Entered: 03/11/2008)	March 11, 2008	March 11, 2008
36	ATTORNEY APPEARANCE by Joseph W Strealy on behalf of Richard L DeVaughn, Ronald L Mercer, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Strealy, Joseph) (Entered: 03/13/2008)	March 13, 2008	March 13, 2008
37	ATTORNEY APPEARANCE by Richard Weldon Freeman, Jr on behalf of Richard L DeVaughn, Ronald L Mercer, Jay Dee Chase, Patrice Dills Douglas, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr, Howard H Hendrick (Freeman, Richard) (Entered: 03/13/2008)	March 13, 2008	March 13, 2008
	NOTICE of Docket Entry Modification; Error: Wayne Cunningham was selected as a filer in error; Correction: Removed Wayne Cunningham as a filer (Re: 41 Appearance - Attorney, ) (crp, Dpty Clk)	March 24, 2008	March 24, 2008
	NOTICE of Docket Entry Modification; Error: Document No. 43 is a multi-part motion, but only 1 part was filed (Motion to Compel); Correction: Clerk's Office filed 2nd part (Motion for Protective Order), as 45 ; removed language from text of 43 regarding 2nd part of multi-part motion (Re: 43 MOTION to Compel the Production of Documents and for Entry of a Stipulated Confidentiality Agreement and Protective Order and Brief in Support Thereof, 45 MOTION for Protective Order (Submitted as part of 43 ) ) (crp, Dpty Clk)	March 27, 2008	March 27, 2008
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: 46 Opposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Continuance of HearingOpposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Continuance of Hearing ) (crp, Dpty Clk)	April 1, 2008	April 1, 2008
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: MOTION to Expedite Ruling (Submitted as Doc # 62 ) ) (lml, Dpty Clk)	April 21, 2008	April 21, 2008
	NOTICE of Docket Entry Modification; Error: This is a multi-part motion, but only one part was e-filed (Motion for Protective Order); Correction: Filed the second motion part (Motion for Expedited Ruling) as Document No. 65 (Re: 62 MOTION for Protective Order and Expedited Briefing and Brief in Support Thereof ) (lml, Dpty Clk)	April 21, 2008	April 21, 2008
68	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 4/29/2008, Miscellaneous Hearing set for 4/30/2008 at 09:30 AM before Magistrate Judge Frank H McCarthy); denying 65 Motion to Expedite Ruling (FHM1, Chambers)	April 23, 2008	April 23, 2008 RECAP
	NOTICE of Docket Entry Modification; Error: wrong event selected (Reply - Other); link incorrect; Correction: changed text to reflect correct event (Reply to Response to Motion); created link to 59 (Re: 99 Reply, ) (sac, Dpty Clk)	May 20, 2008	May 20, 2008
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: 102 MOTION to Extend Terms of Interim Restrictions to Documents Produced by Plaintiffs ) (lml, Dpty Clk)	May 27, 2008	May 27, 2008
	NOTICE of Docket Entry Modification; Error: Docket text contained double wording, and American Legion Children's Home was not selected as a filer; Correction: Removed double wording from text, and added American Legion Children's Home as a filer (Re: 126 MOTION Motion for Revised Date for Submission of Amicus Curiae Brief ) (crp, Dpty Clk)	June 5, 2008	June 5, 2008
	NOTICE of Docket Entry Modification; Error: wrong event selected (Response in Support of Motion); Correction: changed text to reflect correct event (Reply to Response to Motion); notified counsel regarding filing attorney signature (Re: 137 Response in Support of Motion, ) (sac, Dpty Clk)	June 18, 2008	June 18, 2008
165	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting in part and denying in part 145 Motion for Protective Order; granting in part and denying in part 145 Motion to Stay (jcm, Dpty Clk)	Aug. 11, 2008	Aug. 11, 2008 RECAP
	NOTICE of Docket Entry Modification; Error: Not all filers were selected when filed; Correction: Edited docket text and added remaining plaintiffs as filers (Re: 167 MOTION for Hearing ) (lml, Dpty Clk)	Oct. 14, 2008	Oct. 14, 2008
175	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 173 Motion to Seal Document(s) (jcm, Dpty Clk)	Nov. 21, 2008	Nov. 21, 2008 RECAP
	NOTICE of Docket Entry Modification; Error: This was filed using (Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s); Correction: Edited docket text to reflect the correct event (Re: 197 MOTION for Extension of Time to Respond to Motion ) (s-tjc, Dpty Clk)	Dec. 19, 2008	Dec. 19, 2008
	NOTICE of Docket Entry Modification; Error: The incorrect hearing date was selected when filed; Correction: Edited docket text to reflect correct hearing date (Re: 210 Minutes of Motion Hearing,, Setting/Resetting Deadline(s)/Hearing(s), Setting/Resetting Deadline(s)/Hearing(s), Taking Motion(s) Under Advisement, Taking Motion(s) Under Advisement, Ruling on Motion to Dismiss for Lack of Jurisdiction, ) (lml, Dpty Clk)	Jan. 9, 2009	Jan. 9, 2009
220	OPINION AND ORDER by Judge Gregory K Frizzell ; granting in part and denying in part 77 Motion to Dismiss (hbo, Dpty Clk)	Jan. 20, 2009	Jan. 20, 2009 Clearinghouse
	NOTICE of Docket Entry Modification; Error: This was filed using the incorrect event (Sealed Document); Correction: Edited docket text to reflect correct event (Sealed Unredacted Version per Local Rule 5.3(b) (Re: 228 Sealed Document ) (lml, Dpty Clk)	Jan. 29, 2009	Jan. 29, 2009
249	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 5/22/2009); denying 172 Motion to Compel; granting 181 Motion to Compel (jcm, Dpty Clk) Modified on 2/23/2009 to correct title of event (s-tjc, Dpty Clk).	Feb. 20, 2009	Feb. 20, 2009 Clearinghouse
	NOTICE of Docket Entry Modification; Error: This was filed using the incorrect event (Response in Oppostion to Motion); Correction: Edited docket text to reflect correct event (Brief) (Re: 253 Response in Opposition to Motion, ) (tjc, Dpty Clk)	March 16, 2009	March 16, 2009
260	OPINION AND ORDER by Judge Gregory K Frizzell ; granting 207 Sealed Motion; granting 208 Motion for Summary Judgment (hbo, Dpty Clk)	April 15, 2009	April 15, 2009 Clearinghouse
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: 302 MOTION for Sanctions For Noncompliance With Court's Order [Dkt. 249] MOTION for Sanctions For Noncompliance With Court's Order [Dkt. 249] ) (lml, Dpty Clk)	July 23, 2009	July 23, 2009
	NOTICE of Docket Entry Modification; Error: Filers was selected that was not named in the pleading; Correction: Edited docket text to delete filers not named in the pleading (Re: 311 Unopposed MOTION to Seal Document Certain Exhibits in Support of Plaintiffs' forthcoming Motion to Compel ) (tjc, Dpty Clk)	Nov. 10, 2009	Nov. 10, 2009
	NOTICE of Docket Entry Modification; Error: This was filed using the incorrect event (Motion to Accelerate/Extend/Reset Hearings/Deadlines); Correction: Edited docket text to reflect correct event (Re: 325 MOTION for Hearing for Scheduling Conference ) (lml, Dpty Clk)	Feb. 16, 2010	Feb. 16, 2010
	NOTICE of Docket Entry Modification; Error: wrong event selected (Reply to Response to Motion); Correction: changed text to reflect correct event (Response In Opposition to Motion) (Re: 330 Reply to Response to Motion, ) (sac, Dpty Clk)	March 8, 2010	March 8, 2010
336	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 302 Motion for Sanctions (jcm, Dpty Clk)	March 24, 2010	March 24, 2010 Clearinghouse
337	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 314 Sealed Motion (jcm, Dpty Clk)	March 24, 2010	March 24, 2010 RECAP
338	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 280 Motion for Protective Order (jcm, Dpty Clk)	March 24, 2010	March 24, 2010 Clearinghouse
	NOTICE of Docket Entry Modification; Error: Not all filers were selected when filed and incorrect filers were selected; Correction: Edited docket text to add filers and remove incorrect filers (Re: 342 Unopposed MOTION for Leave to File Supplemental Brief in Response to Plaintiffs' Motion for a Scheduling Conference ) (tjc, Dpty Clk)	March 26, 2010	March 26, 2010
384	OPINION AND ORDER by Magistrate Judge Frank H McCarthy, setting/resetting deadline(s)/hearing(s): ( Status Report due by 6/30/2010, Status Hearing set for 7/1/2010 at 09:30 AM before Magistrate Judge Frank H McCarthy) (jcm, Dpty Clk)	May 19, 2010	May 19, 2010 RECAP
385	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting in part and denying in part 339 Motion to Compel; granting in part and denying in part 348 Motion to Compel (jcm, Dpty Clk)	May 21, 2010	May 21, 2010 Clearinghouse
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: 420 MOTION to Clarify That Each Defendant May Serve 25 Interrogatories Or Alternative Motion for Leave To Serve Addditional Interrogatories, 422 MOTION for Leave to Serve Additional Interrogatories (submitted as part of Doc # 420 ) MOTION for Leave to Serve Additional Interrogatories (submitted as part of Doc # 420 ) ) (tjc, Dpty Clk)	Oct. 8, 2010	Oct. 8, 2010
	NOTICE of Docket Entry Modification; Error: Document # 420 is a two-part motion, but not all parts were filed; Correction: Filed the remaining motion part as Document # 422 (Re: 420 MOTION to Clarify That Each Defendant May Serve 25 Interrogatories Or Alternative Motion for Leave To Serve Addditional Interrogatories ) (tjc, Dpty Clk)	Oct. 12, 2010	Oct. 12, 2010
423	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 415 Motion for Hearing (MLC, Chambers)	Oct. 13, 2010	Oct. 13, 2010 RECAP
	NOTICE of Docket Entry Modification; Error: wrong event selected (Notice); Correction: changed text to reflect correct event (Motion to Withdraw Document) (Re: 442 MOTION to Withdraw Document(s) ) (sac, Dpty Clk)	Nov. 29, 2010	Nov. 29, 2010
	***Motion(s) Referred to Magistrate Judge McCarthy (Re: 445 Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s)Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s)Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (crp, Dpty Clk)	Dec. 3, 2010	Dec. 3, 2010
456	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 1/14/2011); granting 426 Motion for Sanctions (jcm, Dpty Clk)	Dec. 21, 2010	Dec. 21, 2010 Clearinghouse
485	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 448 Motion to Compel (jcm, Dpty Clk)	Feb. 11, 2011	Feb. 11, 2011 RECAP
486	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 457 Motion to Quash; granting 457 Motion for Protective Order (jcm, Dpty Clk)	Feb. 11, 2011	Feb. 11, 2011 RECAP
	NOTICE of Docket Entry Modification; Error: This was filed using the incorrect event (Objection); Correction: Edited docket text to reflect correct event (Appeal of Magistrate Judge's Order) (Re: 487 APPEAL of the Magistrate Judge ) (lml, Dpty Clk)	Feb. 28, 2011	Feb. 28, 2011
490	MOTION to Compel by Jay Dee Chase, Richard L DeVaughn, Steven Dow, Howard H Hendrick, Ronald L Mercer, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr (With attachments) (Page, David) (Entered: 03/09/2011) 1 Exhibit 1-8 View on PACER 2 Appendix Part 1 of 3 View on PACER 3 Appendix Part 2 of 3 View on PACER 4 Appendix Part 3 of 3 View on PACER	March 9, 2011	March 9, 2011 RECAP
491	MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) Scheduling Order, MOTION for additional time to submit rebuttal to plaintiff's expert report (Milner) (Re: 402 Scheduling Order,,, ) by Jay Dee Chase, Richard L DeVaughn, Steven Dow, Howard H Hendrick, Ronald L Mercer, Michael L Peck, Garoldine Webb, Aneta F Wilkinson, George E Young, Sr (Page, David) (Entered: 03/09/2011)	March 9, 2011	March 9, 2011 RECAP
497	OPINION AND ORDER by Judge Gregory K Frizzell ; denying 487 Appeal of Magistrate Judge's Order (hbo, Dpty Clk)	March 23, 2011	March 23, 2011 Clearinghouse
508	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting in part and denying in part 490 Motion to Compel; denying 491 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s); denying 491 Motion for Miscellaneous Relief (jcm, Dpty Clk)	April 8, 2011	April 8, 2011 Clearinghouse
	NOTICE of Docket Entry Modification; Error: Not all filers were selected when filed; Correction: Edited docket text and added all plaintiffs and remaining defendants as filers (Re: 515 Joint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) of Scheduling OrderJoint MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) of Scheduling Order ) (lml, Dpty Clk)	April 22, 2011	April 22, 2011
518	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 512 Motion to Compel; granting 513 Motion for Hearing (jcm, Dpty Clk)	April 29, 2011	April 29, 2011 RECAP
	NOTICE of Docket Entry Modification; Error: This is a multi-part motion, but only one part was filed; Correction: Filed the second motion part as Document No. 530 (Re: 530 MOTION for Production Documents Considered by their Other Non-Retained Experts (SUBMITTED AS DOC # 528 ), 528 MOTION to Exclude Shannon Rios from Testifying as an Expert Witness ) (lml, Dpty Clk)	June 27, 2011	June 27, 2011
552	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 528 Motion to Exclude (jcm, Dpty Clk)	July 13, 2011	July 13, 2011 Clearinghouse
557	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 539 Motion for Leave to File Document(s) (jcm, Dpty Clk)	July 15, 2011	July 15, 2011 Clearinghouse
	***Motion(s) Referred to Magistrate Wilson (Re: 565 MOTION FOR PERMISSION TO PARTICIPATE AS AMICUS CURIAE IN SETTLEMENT CONFERENCE AND BRIEF IN SUPPORT ) (sac, Dpty Clk)	July 25, 2011	July 25, 2011
	***Motion(s) Referred to Magistrate Wilson (Re: 567 MOTION Requesting the Attendance of Two Neutral Professional Advisers at the Settlement Conference ) (sac, Dpty Clk)	July 28, 2011	July 28, 2011
592	OPINION AND ORDER by Judge Gregory K Frizzell ; denying 458 Motion to Bifurcate; denying 458 Motion for Miscellaneous Relief (hbo, Dpty Clk)	Aug. 3, 2011	Aug. 3, 2011 RECAP
	***Motion(s) Referred to Magistrate Judge Wilson (Re: 594 MOTION to Proceed With Representatives of Limited Authority at Settlement Conference ) (tjc, Dpty Clk)	Aug. 4, 2011	Aug. 4, 2011
614	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 525 Sealed Motion (jcm, Dpty Clk)	Aug. 9, 2011	Aug. 9, 2011 RECAP
	NOTICE of Docket Entry Modification; Error: Document 613 is a two-part motion, but not all parts were filed; Correction: Filed the remaining motion as Document # 616 (Re: 613 MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) ) (tjc, Dpty Clk)	Aug. 10, 2011	Aug. 10, 2011
	***Motion(s) Referred to Magistrate McCarthy (Re: 652 SEALED MOTION ) (sac, Dpty Clk)	Aug. 23, 2011	Aug. 23, 2011
656	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 450 Motion to Strike (jcm, Dpty Clk)	Aug. 26, 2011	Aug. 26, 2011 RECAP
688	OPINION AND ORDER by Magistrate Judge Frank H McCarthy [Dkt, 525] is granted as to Defendants Mercer and Rawlings ; granting 652 Sealed Motion (Re: 525 SEALED MOTION ) (jcm, Dpty Clk)	Sept. 27, 2011	Sept. 27, 2011 RECAP
689	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 680 Motion to Seal Document(s) (jcm, Dpty Clk)	Sept. 27, 2011	Sept. 27, 2011 RECAP
	NOTICE of Docket Entry Modification; Error: Document 694 is a two-part motion, but not all parts were filed; Correction: Filed the remaining motion as Document # 697 (Re: 694 MOTION to Exclude Trial Testimony of Eight Witnesses Disclosed After the Fact Discovery Cut-Off ) (tjc, Dpty Clk)	Oct. 11, 2011	Oct. 11, 2011
727	OPINION AND ORDER by Judge Gregory K Frizzell re Defendants's Motion to Decertify Class ; denying 558 Motion for Miscellaneous Relief (hbo, Dpty Clk)	Nov. 15, 2011	Nov. 15, 2011 Clearinghouse
	NOTICE of Docket Entry Modification; Error: This was filed using the incorrect event (Motion to Reconsider); Correction: Edited docket text to reflect the correct event (Re: 732 MOTION for Consideration of Subsequent Court Rulings in Deciding Dkt. 690 ) (tjc, Dpty Clk)	Nov. 18, 2011	Nov. 18, 2011
737	OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 690 Motion for Discovery (jcm, Dpty Clk)	Nov. 23, 2011	Nov. 23, 2011 RECAP

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Post-WalMart decisions on class certification

Key Dates

Filing Date: Feb. 13, 2008

Closing Date: March 13, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class of plaintiffs includes all children who are or will be in the legal custody of the Oklahoma Department of Human Services (1) due to a report or suspicion of abuse or neglect; or (2) who are or will be adjudicated deprived due to 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

State

Oklahoma

Defendant Type(s):