Case: M.D. v. Abbott

2:11-cv-00084 | U.S. District Court for the Southern District of Texas

Filed Date: March 29, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action (previously, M.D. v. Perry) involving long-term foster care in Texas was filed on March 29, 2011, in the U.S. District Court for the Southern District of Texas. The plaintiff class of children in long-term foster care was represented by private counsel and Children's Rights, Inc.; they sought declaratory and injunctive relief, claiming that the state failed to protect foster children from systemic harm. The complaint alleged that defendants' frequent moves of the foster care c…

This class action (previously, M.D. v. Perry) involving long-term foster care in Texas was filed on March 29, 2011, in the U.S. District Court for the Southern District of Texas. The plaintiff class of children in long-term foster care was represented by private counsel and Children's Rights, Inc.; they sought declaratory and injunctive relief, claiming that the state failed to protect foster children from systemic harm.

The complaint alleged that defendants' frequent moves of the foster care children between placements was harmful; that the state placed kids in inappropriate congregate settings, failed to protect them from abuse and neglect in state custody, denied them necessary services, separated them unnecessarily from their siblings and deprived them of family visitation, and generally failed to find them permanent families or to raise them appropriately so that they were equipped to live independently once they aged out of foster care. All this, the plaintiffs said, was due to understaffing and mismanagement, and violated Substantive Due Process, Procedural Due Process, and the First Amendment associational rights of the plaintiff class.

The requested relief included regulation of caseloads, imposition of professional licensing standards, and the like. The plaintiffs also sought appointment of a monitor.

The plaintiffs filed their class certification motion a week after the complaint. On June 5, 2011, the District Court (Judge Janis Graham Jack) granted the motion for class certification. The state appealed.

On March 23, 2012, citing the intervening Supreme Court precedent of Wal-Mart v. Dukes, the Court of Appeals for the Fifth Circuit (Garza, J.) held that the district court had erred by failing to conduct the "rigorous analysis" required by Fed. R. Civ. P. 23(a)(2), and that the district court abused its discretion by certifying a class that lacked cohesiveness under Rule 23(b)(2). The case was remanded for reconsideration of the class application under the appropriate standard. 675 F.3d 832 (5th Cir. 2012).

The plaintiffs filed a second motion for class certification in October 2012. After a three-day hearing in January 2013, the Court found that the requirements of Rule 23(a), as explained in Dukes, were satisfied. On August 27, 2013, the court certified a general class (all children in the "permanent managing conservatorship" in Texas) and three subclasses (children in a licensed foster care placement; children in foster group homes; and children receiving basic childcare services). 294 F.R.D. 7 (S.D. Tex. 2013). The defendants appealed, but the Fifth Circuit dismissed their appeal as untimely on November 19, 2013, because the defendants filed a day too late. 547 F. App'x 543 (5th Cir. 2013).

The case proceeded to trial in December 2014. For two weeks, the parties presented evidence to the district court. Following the trial, on December 17, 2015, the district court ruled for the plaintiffs, declaring that Texas must make targeted changes to its foster care system. The court found that the state put kids at risk because of high caseloads, dangerous foster group homes, inadequate investigations into abuse and neglect reports and a lack of placement options. The court mandated an immediate end to the "unsafe placement" of children, including ceasing assigning children to foster group homes that lacked 24-hour awake-night supervision. The court retained jurisdiction to issue orders as necessary to remedy the constitutional violations described in the order and opinion. 2015 WL 9244873 (S.D. Tex. Dec. 17, 2015).

The State asked the court to stay the order, but the court denied this request. The state appealed to the Fifth Circuit, which also denied the state's request on March 21, 2016.

Also on March 21, 2016, the district court appointed two experts as special masters, charged with overseeing the reform of Texas' foster care system. After receiving the special masters' recommendations and subsequent objections to those recommendations, the court entered an interim order on January 9, 2017. The court found that further research was needed before it could issue a final order. The interim order required the special masters to work with the state so as to implement plans relating to monthly visits between caseworkers and children, a centralized database with key information about the children, a 24-hour hotline for calls reporting child abuse or neglect, recommendations for children who age out of the system, appointment of attorneys for the children, the availability of children's healthcare records, a reduction in caseloads for caseworkers and in caseworker turnover, identifying single-child homes, reporting and monitoring child abuse and neglect, and placement.

On January 19, 2018, the court adopted in part the special masters' implementation plan, finding that the state had done little to assist the special masters in devising recommendations or to reform the foster care system. The recommendations focused on the aforementioned categories, providing specific policies and practices for the state to implement. The state immediately appealed, and the Fifth Circuit granted an administrative stay while the appeal was pending.

A three-judge panel consisting of Judges Higginbotham, Smith, and Clement heard the case for the Fifth Circuit. They issued an opinion on October 18, 2018 affirming in part, reversing in part, and remanding. 907 F.3d 237. The central issue on remand stemmed from the district court's permanent injunction being overly broad, and they were instructed to modify it to be consistent with their opinion.

On November 20, 2018, after parties had been given the opportunity to submit briefs addressing the issues on remand, the court issued its amended injunctive order. The state appealed the modified injunction to the Fifth Circuit on November 28, 2018.

On appeal, the same three judge panel was assigned to the case. On July 8, 2019, after reviewing the modified injunction, they affirmed in part, reversed in part, and vacated the order. 929 F.3d 272. They provided their own modifications to the injunction, and remanded to the district court for implementation without further changes. Monitoring and reporting resumed in compliance with the amended injunction.

The implementation of the injunction resulted in continuous litigation between the parties regarding monitoring requirements, attorneys' fees, and contempt of court. On November 5, 2019, the court ordered 24-hour awake-night supervision for placements with more than six children. After a clarification hearing on November 6, 2019, the court issued another order holding the defendant in civil contempt of court for violating this Court's order to provide 24-hour awake-night supervision, and that a sanction of $50,000 per day starting November 8, 2019 for seven business days, then $100,000 per day until defendants reach compliance.

On December 5, 2019, the defendants appealed once more to the Fifth Circuit for review of the orders requiring 24-hour awake-night supervision and sanctions stemming from that order. As of April 17, 2020, the parties are preparing for argument on the most recent appeal while implementation continues in the district court.

At a hearing on March 30, 2022, the court held a hearing to address incidents at a state-licensed shelter for sex trafficking victims, where a former employee was accused of selling nude pictures of two girls. Judge Jack announced that she could ask the court-appointed monitors to make a criminal referral to the U.S. Attorney of the Western District of Texas for an investigation into the possible production and distribution of child pornography and sex trafficking at that shelter.

The case is ongoing.

Summary Authors

Alice Liu (9/27/2012)

Jessica Kincaid (4/19/2016)

Virginia Weeks (3/16/2018)

Alex Moody (4/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4398545/parties/md-v-abbott/


Judge(s)

Clement, Edith Brown (Louisiana)

Higginbotham, Patrick Errol (Texas)

Jack, Janis Graham (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Almonrode, Patrick S. (New York)

Barber, Philip (New York)

Bartosz, Michael [Sara Michelle] K. (New York)

Behrens, R. Thaddeus (Texas)

Bell, Patricia C. (Texas)

Canales, J. A. (Texas)

Judge(s)

Clement, Edith Brown (Louisiana)

Higginbotham, Patrick Errol (Texas)

Jack, Janis Graham (Texas)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Almonrode, Patrick S. (New York)

Barber, Philip (New York)

Bartosz, Michael [Sara Michelle] K. (New York)

Behrens, R. Thaddeus (Texas)

Bell, Patricia C. (Texas)

Canales, J. A. (Texas)

Cardenas, Amelia J. (Texas)

Circelli, Vincent Paul (Texas)

Cohen, Melissa A. (New York)

Dembrow, Adam C. (New York)

Dixon, Stephen (New York)

Dodds, David Allen (Texas)

Farris, April L. (Texas)

Finch, Aaron Hirsh (New York)

Goldman, Dori K. (Texas)

Kapell, William (New York)

Lowry, Marcia Robinson (New York)

Luciano, Adriana Teresa (New York)

Lustbader, Ira P. (New York)

McNeil, Barry F. (Texas)

Nili, Rachel Brodin (New York)

Pitman, Elizabeth (New York)

Polansky, Jessica E. (New York)

Porter, Christopher D. (Texas)

Rosenthal, Joshua M. (New York)

Russo, Sarah (New York)

Sohmer, Olivia (New York)

Wilson, Christina (New York)

Yetter, R. Paul (Texas)

Attorneys(s) for Defendant

Albright, Thomas A. (Texas)

Eccles, James B. (Texas)

Gdula, Kimberly Ann (Texas)

Gibson, Darren Glenn (Texas)

Hilton, Christopher D (Texas)

Rietvelt, Marc (Texas)

Stephens, Andrew Bowman (Texas)

Sullivan, James P. (Texas)

Todd, James Carlton (Texas)

Other Attorney(s)

Kutnick, Brett D. (Texas)

Expert/Monitor/Master

Fitzgerald-Fowler, Deborah J. (Texas)

McGovern, Frances (North Carolina)

Ryan, Kevin M. (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

May 5, 2020 Docket
1

Plaintiffs' Original Complaint for Injunctive and Declaratory Relief and Request for Class Action Relief and Request for Class Action

M.D. v. Perry

March 29, 2011 Complaint
15

PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL AND MEMORANDUM OF LAW IN SUPPORT

M.D. v. Perry

April 5, 2011 Pleading / Motion / Brief
49

Order

M.D. v. Perry

2011 WL 2173673, 2011 U.S.Dist.LEXIS 59453

June 2, 2011 Order/Opinion
58

ORDER

M.D. v. Perry

799 F.Supp.2d 712

July 1, 2011 Order/Opinion
00511798331

Appeal from the United States District Court for the Southern District of Texas

M.D. v. Perry

U. S. Court of Appeals for the Fifth Circuit

675 F.3d 832

March 23, 2012 Order/Opinion
130

PLAINTIFFS’ AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND REQUEST FOR CLASS ACTION

M.D. v. Perry

June 1, 2012 Complaint
133

Judgment

M.D. v. Perry

U. S. Court of Appeals for the Fifth Circuit

June 14, 2012 Order/Opinion
134

Bill of Costs

M.D. v. Perry

June 14, 2012 Other
206

Plaintiffs' Fourth Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action

M.D. v. Perry

May 9, 2013 Complaint

Resources

Title Description External URL

M.D. v. Abbott

Children's Rights

Children’s Rights, along with co-counsel Haynes & Boone, Yetter Coleman and Canales & Simonson, filed this case against Greg Abbott, in his official capacity as Governor of Texas; Chris Traylor, in h… March 29, 2011 https://www.childrensrights.org/class_action/texas/

M.D. v. Perry

National Center for Youth Law

Thirteen foster youth in the custody of Texas’s Permanent Managing Conservatorship (PMC), brought suit against defendants Rick Perry, then governor of Texas; Thomas Seuhs, Executive Commissioner of t… Jan. 9, 2017 https://youthlaw.org/case/m-d-v-perry/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4398545/md-v-abbott/

Last updated May 19, 2022, 10:20 p.m.

ECF Number Description Date Link
1

COMPLAINT against Anne Heiligenstein, Rick Perry, Thomas Suehs (Filing fee $ 350 receipt number 0541-7866347) filed by J.S., D.I., S.A., A.M., T.C., D.P., M.D., K. E., Z.H..(Canales, J) (Entered: 03/29/2011)

March 29, 2011 RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/26/2011 at 01:15 PM before Judge Janis Graham Jack. (Attachments: # 1 Standing Order) Parties notified.(vrios, ) (Entered: 03/29/2011)

1 Standing Order

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March 29, 2011 PACER
3

Summons Issued as to Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(brngarcia, ) (Entered: 03/29/2011)

March 29, 2011 PACER
4

MOTION for Olivia Sohmer to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)

March 29, 2011 PACER
5

MOTION for Jessica Polansky to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)

March 29, 2011 PACER
6

MOTION for Marcia Robinson Lowry to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)

March 29, 2011 PACER
7

MOTION for Patrick Almonrode to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)

March 29, 2011 PACER
8

MOTION for Stephen Dixon to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)

March 29, 2011 PACER
9

MOTION for Amelia Cardenas to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/21/2011. (Canales, J) (Entered: 03/31/2011)

March 31, 2011 PACER
10

ORDER granting 5 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)

March 31, 2011 PACER
11

ORDER granting 6 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)

March 31, 2011 PACER
12

ORDER granting 4 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)

March 31, 2011 PACER
13

ORDER granting 8 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)

March 31, 2011 PACER
14

ORDER granting 7 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)

March 31, 2011 PACER
15

MOTION to Certify Class by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/26/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Canales, J) (Entered: 04/05/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Proposed Order

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April 5, 2011 PACER
16

ORDER. Next Friends shall appear before the Court at the Initial Pretrial Conference on May 26, 2011. (Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 04/06/2011)

April 6, 2011 PACER
17

MOTION for April L. Farris to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/27/2011. (Canales, J) (Entered: 04/06/2011)

April 6, 2011 PACER
18

ORDER granting 9 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 04/06/2011)

April 6, 2011 PACER
19

CERTIFICATE OF INTERESTED PARTIES by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Todd, James) (Entered: 04/07/2011)

April 7, 2011 PACER
20

CERTIFICATE OF INTERESTED PARTIES by A.M., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed.(Canales, J) (Entered: 04/11/2011)

April 11, 2011 PACER
21

MOTION for Extension of Time to file Answer and Respond to Class Certification Motion by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 5/5/2011. (Todd, James) (Entered: 04/14/2011)

April 14, 2011 PACER
22

RESPONSE in Opposition to 21 MOTION for Extension of Time to file Answer and Respond to Class Certification Motion, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Canales, J) (Entered: 04/15/2011)

April 15, 2011 PACER
23

ORDER granting 21 Motion for Extension of Time. Answer due by 5/14/2011 Responses due by 5/14/2011.(Signed by Judge Janis Graham Jack) Parties notified.(lcayce, ) (Entered: 04/19/2011)

April 19, 2011 PACER
24

Unopposed MOTION of Sara Stukenberg, As Next of Friend to Plaintiff M.D., to Appear at the Initial Pretrial Conference Via Telephone Conference by M.D., filed. Motion Docket Date 5/31/2011. (Attachments: # 1 Proposed Order)(Bell, Patricia) (Entered: 05/09/2011)

1 Proposed Order

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May 9, 2011 PACER
25

ORDER granting 24 Unopposed MOTION of Sara Stukenberg to Appear at the Initial Pretrial Conference Via Telephone Conference.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 05/10/2011)

May 10, 2011 PACER
26

NOTICE of Appearance by James Beau Eccles on behalf of Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (Eccles, James) (Entered: 05/16/2011)

May 16, 2011 PACER
27

Unopposed MOTION for Leave to File Excess Pages by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 6/6/2011. (Attachments: # 1 Proposed Order)(Eccles, James) (Entered: 05/16/2011)

1 Proposed Order

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May 16, 2011 PACER
28

DESIGNATION of James Beau Eccles as attorney in charge of Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Eccles, James) (Entered: 05/16/2011)

May 16, 2011 PACER
29

ANSWER to 1 Complaint by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Eccles, James) (Entered: 05/16/2011)

May 16, 2011 PACER
30

Sealed Event, filed. (With attachments) (Entered: 05/16/2011)

May 16, 2011 PACER
31

JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken DE #38 per JGJ) (Entered: 05/16/2011)

1 Exhibit Plaintiffs' Proposed Scheduling Order

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2 Exhibit Defendants' Proposed Scheduling Order

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May 16, 2011 RECAP
32

Corrected JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011)

1 Exhibit Plaintiffs' Proposed Scheduling Order

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2 Exhibit Defendants' Proposed Scheduling Order

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May 16, 2011 PACER
33

Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken per DE#38 JGJ) (Entered: 05/16/2011)

1 Exhibit Plaintiffs' Proposed Scheduling Order

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2 Exhibit Defendants' Proposed Scheduling Order

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May 16, 2011 PACER
34

Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011)

1 Exhibit A

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2 Exhibit B

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May 16, 2011 PACER
35

Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed.(Bell, Patricia)(Stricken per DE #38 JGJ) (Entered: 05/16/2011)

May 16, 2011 PACER
36

Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011)

1 Exhibit A

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2 Exhibit B

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May 16, 2011 PACER
37

Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Entered: 05/17/2011)

1 Exhibit A

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2 Exhibit B

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May 17, 2011 PACER
38

ORDER Striking Document re: 33 JointDiscovery/Case Management Plan, 34 JointDiscovery/Case Management Plan, 31 JointDiscovery/Case Management Plan, 36 JointDiscovery/Case Management Plan, 35 JointDiscovery/Case Management Plan, 32 JointDiscovery/Case Management Plan,. Documents are duplicative.(Signed by Judge Janis Graham Jack) Parties notified.(lsmith, ) (Entered: 05/17/2011)

May 17, 2011 PACER
39

ORDER granting 17 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 05/18/2011)

May 17, 2011 PACER
40

MEMORANDUM of Law and Supporting Affidavits in Relation to Plaintiffs' Next Friends by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. (Attachments: # 1 Affidavit Stukenberg Affidavit, # 2 Affidavit Pofahl Affidavit, # 3 Affidavit Morrison Affidavit, # 4 Affidavit Solis Affidavit, # 5 Affidavit Ricker Affidavit, # 6 Affidavit Langsley Affidavit, # 7 Affidavit Swacina Affidavit, # 8 Affidavit Cliff Affidavit, # 9 Affidavit Talley Affidavit, # 10 Exhibit Olivia Y. v. Barbour)(Lowry, Marcia) (Entered: 05/18/2011)

1 Affidavit Stukenberg Affidavit

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2 Affidavit Pofahl Affidavit

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3 Affidavit Morrison Affidavit

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4 Affidavit Solis Affidavit

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5 Affidavit Ricker Affidavit

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6 Affidavit Langsley Affidavit

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7 Affidavit Swacina Affidavit

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8 Affidavit Cliff Affidavit

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9 Affidavit Talley Affidavit

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10 Exhibit Olivia Y. v. Barbour

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May 18, 2011 RECAP
41

Sealed Event, filed. (Entered: 05/23/2011)

May 23, 2011 PACER
42

MOTION for Leave to File Excess Pages by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 6/14/2011. (Attachments: # 1 Proposed Order)(Eccles, James) (Entered: 05/24/2011)

1 Proposed Order

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May 24, 2011 PACER
43

Sealed Event, filed. (With attachments) (Entered: 05/24/2011)

May 24, 2011 PACER
44

Unopposed MOTION for Leave to File Plaintiffs' Reply in Support of Motion for Class Certification and Appointment of Class Counsel by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 6/14/2011. (Attachments: # 1 Proposed Order For Leave To File Reply, # 2 Plaintiffs' Reply in Support of Motion for Class Certification and Appointment of Class Counsel, # 3 Exhibit Exhibit A - Olivia Y. v. Barbour, # 4 Exhibit Exhibit B - Charlie and Nadine H. v. Whitman, # 5 Exhibit Exhibit C - Dwayne B. v. Granholm)(Lowry, Marcia) (Entered: 05/24/2011)

1 Proposed Order For Leave To File Reply

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2 Plaintiffs' Reply in Support of Motion for Class Certification and Appoint

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3 Exhibit Exhibit A - Olivia Y. v. Barbour

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4 Exhibit Exhibit B - Charlie and Nadine H. v. Whitman

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5 Exhibit Exhibit C - Dwayne B. v. Granholm

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May 24, 2011 PACER
45

Sealed Event, filed. (With attachments) (Entered: 05/25/2011)

May 25, 2011 PACER
46

Sealed Event, filed. (Entered: 05/25/2011)

May 25, 2011 PACER
47

AO 435 TRANSCRIPT ORDER FORM by Mishell Kneeland. This is to order a transcript of Pre-Trial Proceeding held on May 26, 2011 before Judge Janis Graham Jack (original), filed. (grogan, ) (Entered: 05/27/2011)

May 26, 2011 PACER

Minute Entry for proceedings held before Judge Janis Graham Jack. SCHEDULING CONFERENCE held on 5/26/2011 granting 42 MOTION for Leave to File Excess Pages. Discussion re: case. Parties to submit proposed scheduling order. Appearances:Angela Colmenero, Mishell Kneeland, David Halpern, Shelly Dahlberg, Sara Stuckenberg (by phone), Barry F McNeil, Stephen Dixon, Marcia Robinson Lowry, R Paul Yetter, J A Tony Canales, Patricia Canales Bell, James B Eccles.(Digital # 1:28-2:32)(ERO:v. gano), filed.(lcayce, )

May 26, 2011 PACER
48

ORDER granting 15 Motion to Certify Class.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 05/31/2011)

May 31, 2011 RECAP
49

ORDER regarding 15 MOTION to Certify Class by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.; granting 44 Motion for Leave to File Plaintiff's Reply.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 06/02/2011)

June 2, 2011 RECAP
51

REPLY in Support of 15 MOTION to Certify Class, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(sscotch, ) (Entered: 06/06/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 2, 2011 PACER
50

TRANSCRIPT re: Initial Pretrial Conference held on 5/26/11 before Judge Janis Graham Jack. Court Reporter/Transcriber Garcia Services. Release of Transcript Restriction set for 9/6/2011., filed. (judgarcia, ) (Entered: 06/06/2011)

June 6, 2011 PACER
52

Notice of Filing of Official Transcript as to 50 Transcript. Party notified, filed. (vrios, ) (Entered: 06/07/2011)

June 7, 2011 PACER
53

NOTICE Correction-page 37-Doc.No.43 by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (Eccles, James) (Entered: 06/08/2011)

June 8, 2011 PACER
54

MOTION for Protective Order by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 7/5/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order order)(Eccles, James) (Entered: 06/14/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order order

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June 14, 2011 PACER
55

RESPONSE in Opposition to 43 Sealed Event, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lowry, Marcia) (Entered: 06/14/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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June 14, 2011 PACER
56

PROPOSED ORDER re: 54 MOTION for Protective Order, filed.(Eccles, James) (Entered: 06/15/2011)

June 15, 2011 PACER

Minute Entry for proceedings held before Judge Janis Graham Jack. TELEPHONE CONFERENCE re: [D.E. 54] Motion for Protective Order held on 6/16/2011. Appearances:David Dodds, Shelly Dahlberg. Dori Kornfeld Goldman, Marcia Robinson Lowry, Patrick Almonrode, James B Eccles.(Digital # 10:33-10:42)(ERO:v. gano), filed.(lcayce, )

June 16, 2011 PACER
57

PROTECTIVE ORDER granting 54 MOTION for Protective Order.(Signed by Judge Janis Graham Jack) Parties notified.(lcayce, ) (Entered: 06/17/2011)

June 17, 2011 PACER
58

ORDER denying 43 Sealed Motion. Defendants Rule 12(b)(1) Motion to Dismiss is DENIED. (Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 07/01/2011)

July 1, 2011 RECAP
59

MOTION to Stay Proceedings by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 7/26/2011. (Attachments: # 1 Exhibit A - Affidavit of Rosa Rohr, # 2 Proposed Order)(Eccles, James) (Entered: 07/05/2011)

1 Exhibit A - Affidavit of Rosa Rohr

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2 Proposed Order

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July 5, 2011 PACER
60

RESPONSE in Opposition to 59 MOTION to Stay Proceedings, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Attachments: # 1 Exhibit Exhibit A - Dwayne B. v. Granholm, # 2 Exhibit Exhibit B - Olivia Y. v. Barbour, # 3 Exhibit Exhibit C - Charlie H. v. Whitman, # 4 Exhibit Exhibit D - Defendants' Petition for Appeal, # 5 Proposed Order Proposed Order)(Lowry, Marcia) (Entered: 07/07/2011)

1 Exhibit Exhibit A - Dwayne B. v. Granholm

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2 Exhibit Exhibit B - Olivia Y. v. Barbour

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3 Exhibit Exhibit C - Charlie H. v. Whitman

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4 Exhibit Exhibit D - Defendants' Petition for Appeal

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5 Proposed Order Proposed Order

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July 7, 2011 PACER
61

ORDER denying 59 Motion to Stay Proceedings.(Signed by Judge Janis Graham Jack) Parties notified.(vrios, ) (Entered: 07/21/2011)

July 21, 2011 PACER
62

Order of USCA; USCA No. Misc. No. 11-90028, Docket No. 11-40789. The petition for leave to appeal is granted. The motion of respondents to place appendix number 5 under seal is granted., filed.(bcortez, ) (Entered: 07/22/2011)

July 22, 2011 PACER
63

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 49 Order on Motion for Leave to File, 48 Order on Motion to Certify Class by Anne Heiligenstein, Rick Perry, Thomas Suehs (Filing fee $ 455-NOT PAID), filed. Filed at 5th Circuit under Misc. No. 11-90028, Case No. 11-40789 as a Petition for Permission to Appeal Under Federal Rule of Civil Procedure 23(f) and was GRANTED.(bcortez, ) (Entered: 07/22/2011)

July 22, 2011 PACER

Filing Filing fee re: 63 Notice of Appeal, : $455.00, receipt number CC002089, filed. (brngarcia, )

July 25, 2011 PACER
64

NOTICE of Appearance by David Dodds on behalf of A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. (Dodds, David) (Entered: 07/26/2011)

July 26, 2011 PACER
65

DKT-13 TRANSCRIPT ORDER FORM by Office of the Attorney General. No hearings. Hearing on June 16, 2011 before Janis Graham Jack. This order form relates to the following: 63 Notice of Appeal,, filed.(lsmith, ) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
66

MOTION for Philip Barber to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 8/26/2011. (Bell, Patricia) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
67

DKT-13 TRANSCRIPT ORDER FORM by Shelley Dahlberg. Transcript is necessary for appeal purposes. Held on 6/16/11 before Judge Janis Graham Jack. This order form relates to the following: 63 Notice of Appeal,, filed.(lrivera, ) (Entered: 08/08/2011)

Aug. 5, 2011 PACER
68

ORDER granting 66 Motion flor Hilip Barber to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(lsmith, ) (Entered: 08/09/2011)

Aug. 8, 2011 PACER
69

APPEAL TRANSCRIPT re TELEPHONE CONFERENCE - PROTECTIVE ORDER held on 06/16/11 before Judge Janis Graham Jack. Court Reporter/Transcriber Molly Carter. This transcript relates to the following: 63 Notice of Appeal, 67 Transcript Order Form - DKT-13, 65 Transcript Order Form - DKT-13. Release of Transcript Restriction set for 11/21/2011., filed. (mocarter) (Entered: 08/22/2011)

Aug. 22, 2011 PACER
70

Notice of Filing of Official Transcript as to 69 Transcript - Appeal,. Party notified, filed. (vrios, ) (Entered: 08/22/2011)

Aug. 22, 2011 PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 63 Notice of Appeal, USCA No. 11-40789, filed.(vrios, )

Aug. 24, 2011 PACER
71

Transmittal Letter on Appeal Certified re: 63 Notice of Appeal,. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 7 volumes. CDs containing the electronic record are being sent to counsel. (USCA No. 11-40789), filed.(vrios, ) (Entered: 08/24/2011)

Aug. 24, 2011 PACER
72

Transmittal Letter to counsel regarding CD containing electronic record on appeal, filed.(vrios, ) (Entered: 08/24/2011)

Aug. 24, 2011 PACER
73

MOTION for Olivia Sohmer to Withdraw as Attorney by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 9/15/2011. (Attachments: # 1 Proposed Order)(Bell, Patricia) (Entered: 08/25/2011)

1 Proposed Order

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Aug. 25, 2011 PACER
74

NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit re: 63 Notice of Appeal, (USCA No. 11-40789). Record received by USCA on 8/26/2011, filed.(lsmith, ) (Entered: 09/19/2011)

Sept. 19, 2011 PACER
75

MOTION for Christina Wilson to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 1/25/2012. (Bell, Patricia) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
76

MOTION for Adam Dembrow to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 1/25/2012. (Bell, Patricia) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
77

NOTICE In Response to Plaintiffs' Expert's Methodology for Case Review Study by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Gibson, Darren) (Entered: 01/04/2012)

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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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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Jan. 4, 2012 PACER
78

ORDER granting 76 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 01/10/2012)

Jan. 9, 2012 RECAP
79

ORDER granting 75 Motion to Appear Pro Hac Vice of Christina Wilson (Signed by Judge Janis Graham Jack) Parties notified.(vrios, ) (Entered: 01/11/2012)

Jan. 9, 2012 PACER
80

NOTICE of Setting. Parties notified. Status Conference set for 1/25/2012 at 01:30 PM before Judge Janis Graham Jack, filed. (lcayce, ) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
81

NOTICE of Issues To Be Presented at the January 25, 2012 Status Conference by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order)(Lowry, Marcia) (Entered: 01/24/2012)

1 Exhibit Plaintiffs' Proposed Scheduling Order

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Jan. 24, 2012 PACER

Minute Entry for proceedings held before Judge Janis Graham Jack. STATUS CONFERENCE held on 1/25/2012. Discussion of deadlines, general status of case. Parties to submit an amended proposed scheduling order. Status conference set for 3/15/12 at 9:00 a.m. Appearances:Shelly Dahlberg, Andrew Stephens. Patricia Canales Bell, Philip Barber, Barry F McNeil, Marcia Robinson Lowry, David Allen Dodds, Darren Glenn Gibson, James B Eccles.(Digital # 1:38-2:55)(ERO:v. gano), filed.(lcayce, )

Jan. 25, 2012 PACER
82

NOTICE of Setting. Parties notified. Status Conference set for 3/15/2012 at 09:00 AM before Judge Janis Graham Jack, filed. (lcayce, ) (Entered: 01/26/2012)

Jan. 26, 2012 PACER
83

NOTICE of Proposed Language Requested from Plaintiffs by the Court by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. (Barber, Philip) (Entered: 01/26/2012)

Jan. 26, 2012 PACER
84

NOTICE OF PROPOSED LANGUAGE REQUESTED BY THE COURT by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (Gibson, Darren) (Entered: 01/26/2012)

Jan. 26, 2012 PACER
85

RESPONSE to 84 Notice (Other) of Proposed Language Requested by the Court, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Barber, Philip) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
86

ORDER Miscellaneous Hearing set for 3/15/2012 at 09:00 AM before Judge Janis Graham Jack.(Signed by Judge Janis Graham Jack) Parties notified.(lrivera, ) (Entered: 01/27/2012)

Jan. 27, 2012 PACER
87

AO 435 TRANSCRIPT ORDER FORM by Patricia C. Bell. This is to order a transcript of Status Conference held on 1/25/12 before Judge Janis Graham Jack (original), filed. (amireles, ) (Entered: 02/01/2012)

Feb. 1, 2012 PACER
88

ORDER granting 73 Motion to Withdraw as Attorney. Attorney Olivia Sohmer terminated. (Signed by Judge Janis Graham Jack) Parties notified.(vrios, ) (Entered: 02/02/2012)

Feb. 2, 2012 PACER
89

Joint PROPOSED ORDER Scheduling Order re: 86 Order, filed.(Barber, Philip) (Entered: 02/03/2012)

Feb. 3, 2012 PACER
90

SCHEDULING ORDER. Amended Pleadings due by 3/15/2012. Joinder of Parties due by 3/15/2012 Discovery due by 3/12/2012. Dispositive Motion Filing due by 10/26/2012. Joint Pretrial Order due by 1/25/2013 by 3:00 p.m. Trial set for 2/11/2013 at 8:30 AM before Judge Janis Graham Jack.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 02/06/2012)

Feb. 6, 2012 PACER
91

ORDER.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 02/07/2012)

Feb. 7, 2012 PACER

Minute Entry for proceedings held before Judge Janis Graham Jack. TELEPHONE CONFERENCE held on 2/7/2012. Court sets guidelines re: mental examination of class members. Appearances:Shelley Dahlberg, Elizabeth Aromrei (on behalf of Dept of Family Protective Services). Philip Barber, James B Eccles.(Digital # 2:25-2:35)(ERO:v. gano), filed.(lcayce, )

Feb. 7, 2012 PACER
92

NOTICE REGARDING RESPONSES TO PLAINTIFFS DISCOVERY REQUESTS by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (Eccles, James) (Entered: 02/08/2012)

Feb. 8, 2012 PACER
93

ORDER striking 92 Notice (Other).(Signed by Judge Janis Graham Jack) Parties notified.(mserpa, ) (Entered: 02/08/2012)

Feb. 8, 2012 PACER
94

TRANSCRIPT re: STATUS CONFERENCE held on 01/25/12 before Judge Janis Graham Jack. Court Reporter/Transcriber Molly Carter. Release of Transcript Restriction set for 5/9/2012., filed. (mocarter) (Entered: 02/09/2012)

Feb. 9, 2012 PACER

State / Territory: Texas

Case Type(s):

Child Welfare

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 29, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are the class of Texas children in long-term foster care. Subclasses involve kids in licensed foster care, foster group homes, larger-scale institutions, and in kinship foster care.

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

Governor of Texas (Austin ), State

Department of Family and Protective Services of the State of Texas (Austin ), State

Health and Human Services Commission of the State of Texas (Austin ), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

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:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Recordkeeping

Reporting

Issues

General:

Adoption

Classification / placement

Failure to discipline

Failure to supervise

Failure to train

Family abuse and neglect

Foster care (benefits, training)

Juveniles

Neglect by staff

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Relative caretakers

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Wait lists

Crowding:

Crowding / caseload

Affected Gender:

Female

Male