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. Plaintiffs sought declaratory and injunctive relief, alleging that Texas’s foster care system inflicted systemic harm through excessive placement moves, inappropriate congregate settings, abuse and ne…

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. Plaintiffs sought declaratory and injunctive relief, alleging that Texas’s foster care system inflicted systemic harm through excessive placement moves, inappropriate congregate settings, abuse and neglect, denial of services, sibling separation, and failure to secure permanent homes or independent living skills. They cited violations of Substantive Due Process, Procedural Due Process, and First Amendment associational rights.The case was assigned to Judge Janis Jack. 

A week after filing, plaintiffs moved for class certification, which was granted on June 5, 2011. The state appealed. On March 23, 2012, the Fifth Circuit reversed, citing Wal-Mart v. Dukes, and remanded for a more rigorous Rule 23 analysis. Plaintiffs renewed the motion in October 2012. After a hearing, the court certified a general class and three subclasses on August 27, 2013. Defendants appealed a day late, and the appeal was dismissed.

A trial was held in December 2014. On December 17, 2015, the court ruled for plaintiffs, citing unsafe placements, high caseloads, inadequate investigations, and a lack of placement options. The state’s motion to stay was denied. On March 21, 2016, the court appointed two special masters. An interim order in January 2017 required plans for caseworker visits, a child abuse hotline, a centralized database, attorney appointments, reduced caseloads, and monitoring.

On January 19, 2018, the court adopted parts of the special masters’ plan and criticized the state’s lack of cooperation. The state appealed, and the Fifth Circuit stayed the order. On October 18, 2018, the court of appeals affirmed in part, reversed in part, and remanded, finding the injunction overly broad. A revised injunction was issued on November 20, 2018. The Fifth Circuit again reviewed and, on July 8, 2019, affirmed in part, reversed in part, and vacated the order, providing its own modifications.

Ongoing litigation followed. On November 5, 2019, the court reaffirmed the 24-hour awake-night supervision requirement and barred placement changes without court approval. After a clarification hearing, the court found the state in contempt and ordered daily fines until compliance. Defendants appealed. In July 2020, plaintiffs filed another contempt motion. The court granted it on July 29, and a hearing was held September 3. The Fifth Circuit later reversed the placement restriction on November 9, 2020, finding it modified the injunction in violation of the 2019 appellate order.

On December 18, 2020, the district court issued a contempt opinion, holding the state in violation of numerous remedial orders. Fines were imposed for continued noncompliance. Implementation efforts remained contested. On January 11, 2022, the court ordered DFPS and HHSC to form a committee to expand mental health services and repatriate out-of-state children.

At a March 30, 2022 hearing, Judge Jack addressed reports of sexual exploitation at a shelter, announcing intent to refer the matter to federal prosecutors. A January 27, 2023 hearing reviewed the monitors’ fifth report, which found persistent harm, delayed responses to abuse, and poor access to phones and knowledge of rights among foster youth. The court demanded progress and statistics on pregnant children in custody.

On April 12, 2023, monitors reported mismanagement of medications, inappropriate prescriptions, and violations of psychiatric protocols. The court demanded remedies. The monitors also found children with sexual abuse histories were housed with sexually aggressive youth. Investigations were inconsistent, and the state failed to discipline facilities. On May 1, 2023, the court addressed DFPS concerns over monitors’ invoices, but emphasized their effectiveness.

On June 20, 2023, plaintiffs filed a contempt motion, amended August 18, alleging noncompliance with multiple remedial orders, including excessive caseloads and failure to report abuse. Defendants denied sufficient showing of contempt.

The case is ongoing as of November 10, 2023.

 

Summary Authors

Alice Liu (9/27/2012)

Jessica Kincaid (4/19/2016)

Virginia Weeks (3/16/2018)

Alex Moody (4/17/2020)

Simran Takhar (3/20/2023)

Carlos Hurtado-Esteve (12/1/2023)

Ruby Napora (2/26/2025)

People

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


Judge(s)
Attorney for Plaintiff

Almonrode, Patrick S. (New York)

Annino, Paolo G. (Texas)

Baloche, David (Texas)

Attorney for Defendant

Adams, John Stewart (Texas)

Albright, Thomas A. (Texas)

Expert/Monitor/Master/Other
Attorney for Plaintiff

Almonrode, Patrick S. (New York)

Annino, Paolo G. (Texas)

Baloche, David (Texas)

Barber, Philip (New York)

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

Bartosz, Michael Kenneth (Texas)

Behrens, Richard Thaddeus (Texas)

Behrens, R. Thaddeus (Texas)

Bell, Patricia C. (Texas)

Bellina, Nicole Marie (Texas)

Boundas, John T (Texas)

Brahmbhatt, Sejal K. (Texas)

Canales, J. A. (Texas)

Canales, Hector (Texas)

Cardenas, Amelia J. (Texas)

Carter, Vinson F. (Texas)

Cash, William Franklin (Texas)

Circelli, Vincent Paul (Texas)

Clune, John (Texas)

Cochran, Darrell L (Texas)

Cohen, Melissa A. (New York)

Crofford, Stephen C. (Texas)

Cueto, Christopher F. (Texas)

Dembrow, Adam C. (New York)

DiCello, Nicholas A. (Texas)

Dietz, Matthew Wilson (Texas)

Dixon, Stephen (New York)

Dodds, David Allen (Texas)

Engel, David A. (Texas)

Farris, April L. (Texas)

Fibich, Kenneth T. (Texas)

Finch, Aaron Hirsh (New York)

Friedman, Joshua R. (Texas)

Gilbert, Justin S. (Texas)

Goffstein, Adam M. (Texas)

Goldman, Dori K. (Texas)

Groth, Lauren (Texas)

Grunewald, Edward J. (Texas)

Hastings, Kevin M. (Texas)

Ito, Jamie Marie (Texas)

Jr, Phillip L (Texas)

Kapell, William (New York)

Loocke, Blair R. (Texas)

Lowry, Marcia Robinson (New York)

Luciano, Adriana Teresa (New York)

Lumer, Michael B. (Texas)

Lustbader, Ira P. (New York)

Maradiaga, Karla Rosali (Texas)

Massimi, Jessica S. (Texas)

McBride, Ralph D. (Texas)

McEvily, Nancy R (Texas)

McNeil, Barry F. (Texas)

Meloy, Peter M. (Texas)

Meyer, Jeffrey D (Texas)

Mindicino, Nicholas Henry (Texas)

Nili, Rachel Brodin (New York)

Novosad, Heath A (Texas)

Orlowsky, Daniel John (Texas)

Parker, Mary Ann (Texas)

Perlin, Asher (Texas)

Pitman, Elizabeth (New York)

Polansky, Jessica E. (New York)

Porter, Christopher D. (Texas)

Rafferty, Troy Alan (Texas)

Rosenthal, Joshua M. (New York)

Russo, Sarah (New York)

Salim, Robert L. (Texas)

Salim, Jennifer (Texas)

Salonus, Jessica F. (Texas)

Sohmer, Olivia (New York)

Stern, Corey M. (Texas)

Tor, Jeremy (Texas)

Vertetis, Thomas Brian (Texas)

Watson, Aaron L. (Texas)

Welikson, Laura (Texas)

Wilson, Christina (New York)

Yetter, R. Paul (Texas)

Zaborske, Jill B. (Texas)

show all people

Documents in the Clearinghouse

Document

2:11-cv-00084

Docket [PACER]

May 5, 2020

May 5, 2020

Docket
1

11-40789

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

March 29, 2011

Complaint
15

2:11-cv-00084

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

M.D. v. Perry

April 5, 2011

April 5, 2011

Pleading / Motion / Brief
49

2:11-cv-00084

Order

M.D. v. Perry

June 2, 2011

June 2, 2011

Order/Opinion

2011 WL 2173673

58

2:11-cv-00084

ORDER

M.D. v. Perry

July 1, 2011

July 1, 2011

Order/Opinion

799 F.Supp.2d 712

11-00084

Order

M.D. v. Perry

July 21, 2011

July 21, 2011

Order/Opinion

2011 WL 7047039

00511798331

11-40789

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

March 23, 2012

March 23, 2012

Order/Opinion

675 F.3d 832

130

2:11-cv-00084

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

M.D. v. Perry

June 1, 2012

June 1, 2012

Complaint
133

2:11-cv-00084

Judgment

M.D. v. Perry

U.S. Court of Appeals for the Fifth Circuit

June 14, 2012

June 14, 2012

Order/Opinion
134

2:11-cv-00084

Bill of Costs

M.D. v. Perry

June 14, 2012

June 14, 2012

Other

Resources

Docket

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

Last updated June 2, 2025, 1 a.m.

ECF Number Description Date Link 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

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

View on PACER

March 29, 2011

March 29, 2011

PACER
3

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

March 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

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

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

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

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

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

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

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

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

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

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

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

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Proposed Order

View on PACER

April 5, 2011

April 5, 2011

Clearinghouse
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

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

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

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

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

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

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

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

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

View on PACER

May 9, 2011

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

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

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

View on PACER

May 16, 2011

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

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

May 16, 2011

RECAP
30

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

May 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

View on PACER

2 Exhibit Defendants' Proposed Scheduling Order

View on PACER

May 16, 2011

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

View on PACER

2 Exhibit Defendants' Proposed Scheduling Order

View on PACER

May 16, 2011

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

View on PACER

2 Exhibit Defendants' Proposed Scheduling Order

View on PACER

May 16, 2011

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

View on PACER

2 Exhibit B

View on PACER

May 16, 2011

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

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

View on PACER

2 Exhibit B

View on PACER

May 16, 2011

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

View on PACER

2 Exhibit B

View on PACER

May 17, 2011

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

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

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

View on PACER

2 Affidavit Pofahl Affidavit

View on PACER

3 Affidavit Morrison Affidavit

View on PACER

4 Affidavit Solis Affidavit

View on PACER

5 Affidavit Ricker Affidavit

View on PACER

6 Affidavit Langsley Affidavit

View on PACER

7 Affidavit Swacina Affidavit

View on PACER

8 Affidavit Cliff Affidavit

View on PACER

9 Affidavit Talley Affidavit

View on PACER

10 Exhibit Olivia Y. v. Barbour

View on PACER

May 18, 2011

May 18, 2011

RECAP
41

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

May 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

View on PACER

May 24, 2011

May 24, 2011

PACER
43

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

May 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

View on PACER

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

View on PACER

3 Exhibit Exhibit A - Olivia Y. v. Barbour

View on PACER

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

View on PACER

5 Exhibit Exhibit C - Dwayne B. v. Granholm

View on PACER

May 24, 2011

May 24, 2011

PACER
45

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

May 25, 2011

May 25, 2011

PACER
46

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

May 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

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

May 26, 2011

PACER
48

ORDER granting 15 Motion to Certify Class.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, )

May 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, )

June 2, 2011

June 2, 2011

Clearinghouse
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

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

June 2, 2011

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

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

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

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

View on PACER

2 Exhibit 2

View on PACER

3 Proposed Order order

View on PACER

June 14, 2011

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

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

June 14, 2011

June 14, 2011

PACER
56

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

June 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

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

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, )

July 1, 2011

July 1, 2011

Clearinghouse
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

View on PACER

2 Proposed Order

View on PACER

July 5, 2011

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

View on PACER

2 Exhibit Exhibit B - Olivia Y. v. Barbour

View on PACER

3 Exhibit Exhibit C - Charlie H. v. Whitman

View on PACER

4 Exhibit Exhibit D - Defendants' Petition for Appeal

View on PACER

5 Proposed Order Proposed Order

View on PACER

July 7, 2011

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

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

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

July 22, 2011

PACER

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

July 25, 2011

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

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

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

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

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

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

Aug. 22, 2011

RECAP
70

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

Aug. 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

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

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

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

View on PACER

Aug. 25, 2011

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

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

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

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

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

Jan. 4, 2012

Jan. 4, 2012

PACER
78

ORDER granting 76 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, )

Jan. 9, 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

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

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

View on PACER

Jan. 24, 2012

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

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

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

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

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

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

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

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

Feb. 2, 2012

PACER
89

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

Feb. 3, 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

Feb. 6, 2012

PACER
91

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

Feb. 7, 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

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

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

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

Feb. 9, 2012

PACER

Case Details