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Case: Dwayne B. v. Snyder

2:06-cv-13548 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 8, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

A class of children in foster care custody in Michigan, represented by Children's Rights, filed this class action suit against the state of Michigan and the Michigan Department of Human Services (DHS) in U.S. District Court for the Eastern District of Michigan on August 8, 2006. They alleged violations of the U.S. Constitution's First, Ninth, and Fourteenth Amendments; federal law including the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 670 et seq.; and state law. The compl…

A class of children in foster care custody in Michigan, represented by Children's Rights, filed this class action suit against the state of Michigan and the Michigan Department of Human Services (DHS) in U.S. District Court for the Eastern District of Michigan on August 8, 2006. They alleged violations of the U.S. Constitution's First, Ninth, and Fourteenth Amendments; federal law including the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 670 et seq.; and state law. The complaint alleged maltreatment and neglect of foster children in state custody, a lack of basic physical and mental health services for foster children, excessive lengths of stay in state custody, and frequent moves among multiple foster placements. The plaintiffs attributed these violations to a severe shortage of foster homes, high casework caseload, poor monitoring and planning of child services, and inadequate funding resources.

In November 2006, the defendants moved to dismiss the case, but the court denied the motion on April 11, 2007. Meanwhile, in February 2007, Judge Nancy G. Edmunds had certified the class of plaintiffs as children who are now or will be in the foster care custody of Michigan's DHS in in-home or out-of-home placements. The parties entered discovery, and in August 2007, the court appointed the Children's Research Center, a division of the National Council on Crime and Delinquency, as an independent expert to report on the Michigan foster care system's case practice and compliance with standards.

After several months of vigorously contested discovery, the defendants again moved for partial dismissal, but subsequently withdrew the motions. The parties had attempted settlement negotiations between September 2006 and March 2007, prior to discovery. After extensive discovery, the parties engaged in a second round of settlement negotiations in early 2008. When the parties could not reach an agreement, the court finally set a trial date of July 7, 2008. The parties proposed a joint settlement agreement on July 3, 2008.

The settlement agreement established standards and outcome measures that the defendants must meet over a five-year implementation period under the supervision of an independent monitor who would review and report on the defendants' compliance with the settlement agreement. On October 24, 2008, the court approved the settlement agreement.

The Settlement Agreement provided for increased services for children in foster care; organizational changes in DHS; and increased training and supervision for caseworkers. The independent monitor provided reports on the state's compliance before the court every three months.

After election of a new Michigan governor in January 2011, who appointed new DHS management, the parties entered into discussions to update the original settlement agreement. On July 18, 2011, the court approved a modified settlement agreement (MSA). Monitoring has continued since the MSA was entered.

On December 2, 2014, the defendants moved to dissolve or modify the MSA. The defendants argued that, under Horne v. Flores, 557 U.S. 443 (2009), the consent decree should be vacated because plaintiffs could not prove that defendants were currently violating federal law in their administration of Michigan’s child welfare system. Nearly one month later, however, defendants withdrew their motion.

Monitoring continued through 2015. On Feb. 2, 2016, the court approved a joint implementation, sustainability, and exit plan. The plan superseded the MSA and was to terminate upon the completion of specified goals. The new agreement established dozens of commitments DHHS was to achieve and 14 commitments DHHS had already achieved satisfactorily and must be maintained.

As of March 16, 2018, monitoring is ongoing.

Summary Authors

Elizabeth Homan (12/20/2012)

Dan Whitman (11/29/2015)

Virginia Weeks (3/16/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4855184/parties/d-b-v-granholm/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Scheer, Donald A. (Michigan)

Attorneys(s) for Plaintiff

Bartosz, Sara Michelle (New York)

Boger, Jay C. (Michigan)

Damren, Samuel C. (Michigan)

Hardy, Elizabeth Phelps (Michigan)

Hendler, Elissa (New York)

Lambiase, Susan (New York)

Landau, Richard (Michigan)

Leibensperger, Edward P. (Massachusetts)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Scheer, Donald A. (Michigan)

Attorneys(s) for Plaintiff

Bartosz, Sara Michelle (New York)

Boger, Jay C. (Michigan)

Damren, Samuel C. (Michigan)

Hardy, Elizabeth Phelps (Michigan)

Hendler, Elissa (New York)

Lambiase, Susan (New York)

Landau, Richard (Michigan)

Leibensperger, Edward P. (Massachusetts)

Lowry, Marcia Robinson (New York)

Massie, Noel D. (Michigan)

Naasko, Heidi (Michigan)

Wiltsek, Gena E. (New York)

Attorneys(s) for Defendant

Bargy, Dari C. (Michigan)

Bolan, Kevin M. (Massachusetts)

Brya, Michelle M. (Michigan)

Bursch, John J. (Michigan)

Faison, W. Mack (Michigan)

Frezza, Michael G. (Michigan)

Harris, Toni L. (Michigan)

Heyse, Kristin M. (Michigan)

McCamman, Kurt P. (Michigan)

Morris, William R. (Michigan)

Potchen, Joseph E. (Michigan)

Schochet, P. Rivka (Michigan)

Sysol, Brad H. (Michigan)

Yelton, B. Jay (Michigan)

Other Attorney(s)

Cheeks, Charleszetta (Michigan)

Expert/Monitor/Master

Snyder-Varns, Pamela (Montana)

Documents in the Clearinghouse

Document

2:06-cv-13548

Docket [PACER]

D.B. v. Granholm

Feb. 15, 2018

Feb. 15, 2018

Docket
1

2:06-cv-13548

Class Action Complaint

Dwayne B. v. Granholm

Aug. 8, 2006

Aug. 8, 2006

Complaint
27

2:06-cv-13548

Order Granting Plaintiffs' Motion for Class Action Certification and Appointment of Class Counsel

Dwayne B. v. Granholm

Feb. 15, 2007

Feb. 15, 2007

Order/Opinion
37

2:06-cv-13548

Opinion and Order Denying Defendant's Motion to Dismiss

Dwayne B. v. Granholm

April 17, 2007

April 17, 2007

Order/Opinion
100

2:06-cv-13548

Analysis of Case Practice and Compliance with Standards in Michigan Foster Care

Dwayne B. v. Granholm

Feb. 5, 2008

Feb. 5, 2008

Monitor/Expert/Receiver Report
148

2:06-cv-13548

Order Entering Consent Decree

Dwayne B. v. Granholm

Oct. 24, 2008

Oct. 24, 2008

Order/Opinion
160

2:06-cv-13548

Order Granting Joint Motion for Approval of Settlement Regarding Plaintiffs' Attorneys' Fees and Non-taxable Expenses

Dwayne B. v. Granholm

Jan. 22, 2009

Jan. 22, 2009

Order/Opinion

2:06-cv-13548

Progress of The Michigan Department of Human Services

Dwayne B. v. Granholm

Sept. 30, 2009

Sept. 30, 2009

Monitor/Expert/Receiver Report

2:06-cv-13548

Period Two Monitoring Report

Dwayne B. v. Granholm

March 9, 2010

March 9, 2010

Monitor/Expert/Receiver Report
192

2:06-cv-13548

Order

Dwayne B. v. Granholm

U. S. Court of Appeals for the Sixth Circuit

April 7, 2011

April 7, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4855184/d-b-v-granholm/

Last updated Sept. 4, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by William Ladd, L. J., Teresa Kibby, J. G., D. B., S. G., C. G., John Stempfle, C. B. against Jennifer Granholm, Marianne Udow, Laura Champagne, James Hennessey, Receipt No: 546500 - Fee: $ 350. (Attachments: # 1 Document Continuation)(DTyle, ) Additional attachment(s) added on 9/11/2006 (TMcg, ). (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
2

MOTION to Certify Class and for Appointment of Class Counsel by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit A: Declaration of Marcia Robinson Lowry In Support of Motion for Class Certification)(Landau, Richard) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

PACER
3

Letter from Clerk's Office to Susan Lambiase regarding attorney admission status (JJoh, ) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

PACER
4

Letter from Clerk's Office to Elissa Hendler regarding attorney admission status. (JJoh, ) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

PACER
5

ATTORNEY APPEARANCE: William R. Morris appearing on behalf of all defendants.(Morris, William) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Jennifer Granholm served on 8/10/2006, answer due 8/30/2006. (Naasko, Heidi) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Marianne Udow served on 8/10/2006, answer due 8/30/2006. (Naasko, Heidi) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
8

STIPULATION re 1 Complaint,, 2 MOTION to Certify Class and for Appointment of Class Counsel to extend response time by William Ladd, L. J., Teresa Kibby, J. G., D. B., S. G., C. G., John Stempfle, Jennifer Granholm, Marianne Udow, Laura Champagne, James Hennessey, C. B..(Morris, William) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
9

CERTIFICATE of Service/Summons Returned Executed. James Hennessey served on 8/11/2006, answer due 8/31/2006. (Naasko, Heidi) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Laura Champagne served on 8/11/2006, answer due 8/31/2006. (Naasko, Heidi) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
11

ORDER Setting Deadlines as to 2 MOTION to Certify Class and for Appointment of Class Counsel: Responses due by 9/29/2006. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER
12

STIPULATED PROTECTIVE ORDER Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

RECAP
13

STIPULATED ORDER to Produce Named Plaintiff Records. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

RECAP
14

STIPULATED ORDER as to 2 MOTION to Certify Class and for Appointment of Class Counsel: Extending response deadline to 10/31/2006. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/29/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
15

STIPULATED ORDER EXTENDING response time as to 2 MOTION to Certify Class and for Appointment of Class Counsel: Responses due by 11/13/2006. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER
16

MOTION to Dismiss by all defendants. (Morris, William) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
17

RESPONSE to 2 MOTION to Certify Class and for Appointment of Class Counsel filed by all defendants. (Attachments: # 1 Exhibit)(Morris, William) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
18

NOTICE of hearing on 2 MOTION to Certify Class and for Appointment of Class Counsel. Motion Hearing set for 1/31/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
19

STIPULATION AND ORDER to extend response and reply deadlines: 2 MOTION to Certify Class and for Appointment of Class Counsel Replies due by 1/12/2007., 16 MOTION to Dismiss: Responses due by 1/12/2007. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
20

MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion for Class Certification and Appointment of Class Counsel by all plaintiffs. (Landau, Richard) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
21

REPLY to Response re 2 MOTION to Certify Class and for Appointment of Class Counsel filed by all plaintiffs. (Landau, Richard) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
22

MOTION for Leave to File Excess Pages for Plaintiff's Brief in Opposition to Defendants' First Motion to Dismiss by all plaintiffs. (Landau, Richard) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
23

RESPONSE to 16 MOTION to Dismiss filed by all plaintiffs. (Attachments: # 1 Exhibit A--Olivia Y. Order)(Landau, Richard) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER

TEXT ONLY ORDER granting 20 Motion for Leave to File Excess Pages- Entered by Honorable Nancy G Edmunds. (CHem, )

Jan. 16, 2007

Jan. 16, 2007

PACER

TEXT ONLY ORDER granting 22 Motion for Leave to File Excess Pages- Entered by Honorable Nancy G Edmunds. (CHem, )

Jan. 16, 2007

Jan. 16, 2007

PACER
24

REPLY to Response re 16 MOTION to Dismiss filed by all defendants. (Morris, William) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
25

SUPPLEMENTAL BRIEF re 21 Reply to Response to Motion, 17 Response to Motion, 2 MOTION to Certify Class and for Appointment of Class Counsel filed by all defendants. (Attachments: # 1 Exhibit)(Morris, William) (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

PACER
26

AMENDED NOTICE of hearing on 2 MOTION to Certify Class and for Appointment of Class Counsel. Motion Hearing re-set for 2/14/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

PACER

Minute Entry -Motion Hearing held on 2/14/2007 re 2 MOTION to Certify Class and for Appointment of Class Counsel filed by D. B.,, S. G.,, John Stempfle,, C. B.,, William Ladd,, L. J.,, Teresa Kibby,, J. G.,, C. G., before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, ) Modified on 2/15/2007 (CHem, ).

Feb. 14, 2007

Feb. 14, 2007

PACER
27

ORDER granting 2 Motion to Certify Class- Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

PACER
28

[FILING ERROR: WRONG IMAGE UPLOADED. WILL REFILE.]Cross MOTION for Order for Setting Scheduling Conference by all plaintiffs. (Attachments: # 1 Document Continuation Brief in Support)(Naasko, Heidi) Modified on 2/16/2007 (KClark, ). (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
29

Cross MOTION for Order for Setting of Scheduling Conference by all plaintiffs. (Naasko, Heidi) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
30

NOTICE of hearing on 16 MOTION to Dismiss. Motion Hearing set for 4/11/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

PACER
31

RESPONSE to 29 Cross MOTION for Order for Setting of Scheduling Conference filed by all defendants. (Morris, William) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

PACER
32

REPLY to Response re 29 Cross MOTION for Order for Setting of Scheduling Conference filed by all plaintiffs. (Naasko, Heidi) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER

TEXT ONLY ORDER granting 29 Motion setting scheduling conference. Scheduling conference to be held after the 4/11/2007 motion hearing; discovery plan due 4/10/2007. Signed by Honorable Nancy G Edmunds. (CHem)

March 26, 2007

March 26, 2007

PACER

Set Deadlines: Scheduling Conference set for 4/11/2007 02:00 PM before Honorable Nancy G Edmunds (to be held after the motion hearing). (CHem)

March 26, 2007

March 26, 2007

PACER
33

SUPPLEMENTAL BRIEF re 24 Reply to Response to Motion, 23 Response to Motion, 16 MOTION to Dismiss on abstention grounds filed by all defendants. (Attachments: # 1 Exhibit Federal Agency Guidance) (Morris, William) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

PACER
34

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Morris, William) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

RECAP
35

SCHEDULING ORDER: Final Pretrial Conference set for 5/20/2008 02:00 PM before Honorable Nancy G Edmunds, Bench Trial set for 6/3/2008 09:00 AM before Honorable Nancy G Edmunds,Discovery due by 10/15/2007 Signed by Honorable Nancy G Edmunds. (Refer to image for additional dates) (CHem) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER

Minute Entry -Scheduling Conference held on 4/11/2007 before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem)

April 11, 2007

April 11, 2007

PACER

Minute Entry -Motion Hearing held on 4/11/2007 re 16 MOTION to Dismiss filed by Marianne Udow, James Hennessey, Laura Champagne, Jennifer Granholm before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem)

April 11, 2007

April 11, 2007

PACER
36

NOTICE of Withdrawal of Attorney Richard J. Landau by William Ladd, L. J., Teresa Kibby, J. G., D. B., S. G., C. G., John Stempfle, C. B.. (Landau, Richard) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

PACER
37

ORDER denying 16 Motion to Dismiss. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 04/17/2007)

April 17, 2007

April 17, 2007

RECAP
38

ATTORNEY APPEARANCE: Samuel C. Damren appearing on behalf of all plaintiffs (Damren, Samuel) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
39

NOTICE of Appearance by Gena E. Wiltsek on behalf of all plaintiffs. (Wiltsek, Gena) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
40

ANSWER to Complaint with Affirmative Defenses by all defendants. (Morris, William) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

RECAP
41

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Jennifer Granholm, Marianne Udow, Laura Champagne, James Hennessey (Morris, William) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
42

MOTION for Reconsideration re 37 Order on Motion to Dismiss by all defendants. (Morris, William) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
43

ORDER denying 42 Motion for Reconsideration. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
44

MOTION for Certificate of Appealability by all defendants. (Morris, William) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

PACER
45

STIPULATED ORDER extending dates as to 44 MOTION for Certificate of Appealability : Responses due by 6/11/2007 Replies due by 6/25/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

PACER
46

RESPONSE to 44 MOTION for Certificate of Appealability filed by all plaintiffs. (Attachments: # 1 Exhibit) (Wiltsek, Gena) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

PACER
47

NOTICE of Appearance by B. Jay Yelton, III(attorney not admitted) on behalf of Jennifer Granholm, Marianne Udow, Laura Champagne, James Hennessey. (PPau) Modified on 6/14/2007 (Paul, P.). (Entered: 06/14/2007)

June 13, 2007

June 13, 2007

PACER
48

NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 re 47 Notice of Appearance (PPau) (Entered: 06/14/2007)

June 13, 2007

June 13, 2007

PACER
49

REPLY to Response re 44 MOTION for Certificate of Appealability filed by all defendants. (Attachments: # 1 Exhibit Secondary Review Results) (Morris, William) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
50

ATTORNEY APPEARANCE: P. Rivka Schochet appearing on behalf of all defendants and Proof of Service (Schochet, P.) (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

PACER
51

[FILING ERROR: RULE 18 VIOLATION] MOTION to Compel and For Entry Of Confidentiality Order by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit Declaration of Sara M. Bartosz# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13# 16 Exhibit 14) (Wiltsek, Gena) Modified on 7/9/2007 (Hollier, N.). (Entered: 07/06/2007)

July 6, 2007

July 6, 2007

PACER
52

ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 51 MOTION to Compel and For Entry Of Confidentiality Order filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle., Set Motion Deadlines/Hearings as to 51 MOTION to Compel and For Entry Of Confidentiality Order : Resolved/Unresolved Issues due by 7/31/2007 Motion Hearing set for 8/2/2007 02:00 PM before Honorable Donald A Scheer Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
53

ORDER denying 44 Motion for Certificate of Appealability. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

PACER
54

ATTORNEY APPEARANCE: Dari C. Bargy appearing on behalf of all defendants (Bargy, Dari) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

PACER
55

RESPONSE to 51 MOTION to Compel and For Entry Of Confidentiality Order filed by all defendants. (Bargy, Dari) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

PACER
56

INDEX of Exhibits re 55 Response to Motion by all defendants to Plaintiffs' Motion to Compel (Attachments: # 1 Index of Exhibits Defendant's Response to Plaintiffs' Mtn to Compel# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhbiit G# 9 Exhibit Exhibit H) (Bargy, Dari) (Entered: 07/20/2007)

1

View on RECAP

2 Index of Exhibits Defendant's Response to Plaintiffs' Mtn to Compel

View on RECAP

3 Exhibit Exhibit A

View on RECAP

4 Exhibit Exhibit B

View on RECAP

5 Exhibit Exhibit C

View on RECAP

6 Exhibit Exhibit D

View on RECAP

7 Exhibit Exhibit E

View on RECAP

8 Exhibit Exhibit F

View on RECAP

9 Exhibit Exhbiit G

View on RECAP

10 Exhibit Exhibit H

View on PACER

July 20, 2007

July 20, 2007

RECAP

Reset Deadlines as to 51 MOTION to Compel and For Entry Of Confidentiality Order. Resolved/Unresolved Issues due by 8/3/2007 Motion Hearing set for 8/7/2007 02:00 PM before Honorable Donald A Scheer (MLan)

July 24, 2007

July 24, 2007

PACER
57

MOTION for court-appointed expert and entry of scheduling order by all plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit Exhibit 1 - Email from W. Morris to S. Bartosz of 6/1/07# 3 Exhibit Exhibit 2 - Michigan Foster Care Review Board 2006 Annual Report# 4 Exhibit Exhibit 3 - State of Michigan Office of Childrens Ombudsmans Annual Report 2004-2005# 5 Exhibit Exhibit 4 - Provisional License Reports# 6 Exhibit Exhibit 5 - Curriculum Vitae of S. Christopher Baird) (Wiltsek, Gena) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

PACER
58

REPLY to Response re 51 MOTION to Compel and For Entry Of Confidentiality Order filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 -- FCRB 2006 Annual Report# 3 Exhibit 2 -- Declaration of Sara M. Bartosz) (Wiltsek, Gena) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

PACER

Set Deadlines as to 57 MOTION for court-appointed expert and entry of scheduling order. Response due by 8/6/2007 Motion Hearing set for 8/7/2007 01:00 PM before Honorable Nancy G Edmunds (CHem)

July 31, 2007

July 31, 2007

PACER
59

STATEMENT of Resolved and Unresolved Issues by William Ladd, L. J., Teresa Kibby, J. G., D. B., S. G., C. G., John Stempfle, Jennifer Granholm, Marianne Udow, Laura Champagne, James Hennessey, C. B. (Wiltsek, Gena) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

PACER
60

NOTICE of Appearance by B. Jay Yelton on behalf of all defendants. (Yelton, B.) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
61

RESPONSE to 57 MOTION for court-appointed expert and entry of scheduling order filed by all defendants. (Attachments: # 1 Index of Exhibits to Defendants' Response to Plaintiffs' Motion and Brief for A Court-Appointed Expert and Entry of A Scheduling Order# 2 Exhibit Exhibit A - Declaration of William R. Morris# 3 Exhibit Exhibit B - Declaration of B. Jay Yelton, III# 4 Document Continuation Tab 1 - Agenda, June 19, 2007# 5 Document Continuation Tab 2 - Outline and Draft Budget, June 28, 2007# 6 Document Continuation Tab 3 - July 12-13, 2007 Correspondence# 7 Document Continuation Tab 4 - Declaration of B. Jay Yelton, III, July 20, 2007# 8 Document Continuation Tab 5 - Correspondence, July 12, 20,23 and 24, 2007# 9 Document Continuation Tab 6 - Plaintiffs' MOU, July 24, 2007# 10 Document Continuation Tab 7 - Correspondence, July 25, 2007# 11 Document Continuation Tab 8 - Defendants' MOU, July 25, 2007# 12 Document Continuation Tab 9 - Correspondence regarding proposed MOU, July 25, 2007# 13 Document Continuation Tab 10 - Correspondence, July 25-26, 2007# 14 Document Continuation Tab 11 - CRC's Timeline for MOU, July 27, 2007# 15 Document Continuation Tab 12 - Michigan DHS SOW for CRC Joint Case Review# 16 Exhibit Exhibit C - Transcript, April 11, 2007# 17 Exhibit Exhibit D - Plaintiffs' Proposed Stipulation, August 2, 2007# 18 Exhibit Exhibit E - Declaration of Steve Yager# 19 Exhibit Exhibit F - Tangwall v Robb, 2003 WL 23142190 (E.D. Mich. 2003)# 20 Exhibit Exhibit G - Hannah v. U.S., 2006 WL 2583190 (N.D. Tex. 2006)) (Schochet, P.) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER

Minute Entry -Motion Hearing held on 8/7/2007 re 51 MOTION to Compel and For Entry Of Confidentiality Order filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle before Honorable Donald A Scheer. Disposition: Motion Taken Under Advisement (Tape #DAS 07-082) (MLan)

Aug. 7, 2007

Aug. 7, 2007

PACER

Minute Entry -Motion Hearing held on 8/8/2007 re 57 MOTION for court-appointed expert and entry of scheduling order filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle before Honorable Nancy G Edmunds. Disposition: held and resolved(Court Reporter Suzanne Jacques) (CHem)

Aug. 8, 2007

Aug. 8, 2007

PACER
62

ORDER For Court Appointed Independent Expert; report due 12/14/2007. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

PACER
63

ORDER granting 51 Motion to Compel. Signed by Honorable Donald A Scheer. (MLan) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

RECAP
64

PROTECTIVE ORDER Re: Review of Confidential Files and Records of Minors. Signed by Honorable Donald A Scheer. (MLan) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
65

STIPULATION Regarding Depositions by William Ladd, L. J., Teresa Kibby, J. G., S. G., John Stempfle (Wiltsek, Gena) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
66

STIPULATED ORDER Regarding Fact Discovery Cut Off. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER
67

TRANSCRIPT of Motion Hearing held on 8/7/07. (Court Reporter: Deborah Kremlick) (Number of Pages: 36) (AGre) (Entered: 10/15/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
68

NOTICE of Appearance by W. Mack Faison on behalf of all defendants. (Faison, W.) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

PACER
69

ORDER with stipulation appointing attorneys Edward P. Leibensperger, Kevin M. Bolan, Elizabeth P. Hardy, Noel D. Massie, and Jay C. Boger as attorneys for plaintiffs and terminating attorneys Samuel Damren and Heidi Nassko. Signed by Honorable Nancy G Edmunds. (DPer) (Entered: 11/02/2007)

Nov. 1, 2007

Nov. 1, 2007

PACER
70

[FILING ERROR: RULE 18 VIOLATION, EXHIBITS] MOTION to Compel Discovery and for Sanctions by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 # 6 # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit) (Wiltsek, Gena) Modified on 11/21/2007 (Hollier, N.). (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

PACER
71

ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 70 MOTION to Compel Discovery and for Sanctions filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
72

STIPULATED ORDER Regarding Additional Depositions. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
73

NOTICE of hearing on 70 MOTION to Compel Discovery and for Sanctions. Resolved/Unresolved Issues due by 12/11/2007, Motion Hearing set for 12/13/2007 02:00 PM before Honorable Donald A Scheer. (MLan) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

PACER
74

[EXHIBIT LABELING ERROR] NOTICE by Jennifer Granholm re 62 Order on Motion for Miscellaneous Relief of Filing Pursuant to August 10, 2007 Order for Court-Appointed Independent Expert (Schochet, P.) Modified on 12/3/2007 (Greer, A.). (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

PACER
75

[FILING ERROR: EXHIBIT LABELING ERROR]RESPONSE to 70 MOTION to Compel Discovery and for Sanctions filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3# 5 Exhibit Exhibit 4# 6 Exhibit Exhibit 5# 7 Exhibit Exhibit 6# 8 Exhibit Exhibit 7# 9 Exhibit Exhibit 8# 10 Exhibit Exhibit 9# 11 Exhibit Exhibit 10# 12 Exhibit Exhibit 11# 13 Exhibit Exhibit 12# 14 Exhibit Exhibit 13# 15 Exhibit Exhibit 14# 16 Exhibit Exhibit 15) (Yelton, B.) Modified on 12/5/2007 (Eldridge, D.). (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
76

MOTION for Protective Order Limiting Discovery by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1-Plaintiffs' Fifth Request for Production of Documents# 3 Exhibit 2-Defendants' Objections to Fifth Requests# 4 Exhibit 3-Affidavit of George Noonan# 5 Exhibit 4-Plaintiffs' First Interrogatories# 6 Exhibit 5-Defendants' Objections to First Interrogatories) (Bargy, Dari) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

PACER
77

ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 76 MOTION for Protective Order Limiting Discovery filed by Marianne Udow, James Hennessey, Laura Champagne, Jennifer Granholm. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

PACER
78

NOTICE of hearing on 76 MOTION for Protective Order Limiting Discovery. Resolved/Unresolved Issues due by 1/4/2008, Motion Hearing set for 1/8/2008 02:00 PM before Honorable Donald A Scheer. (MLan) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

PACER
79

REPLY to Response re 70 MOTION to Compel Discovery and for Sanctions and Response to 76 MOTION for Protective Order filed by all plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit 1 - Deposition Transcript of Angelo Nicholas, November 29, 2007# 3 Exhibit 2 - January 18, 2006, and August 20, 2007, DHS CPS Reports to the Michigan Legislature# 4 Exhibit 3 - PS-830 Reports, Bates No. MIDHS00410815 - MIDHS00410864) (Wiltsek, Gena) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
80

APPENDIX re: 79 Reply to Response to Motion, filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle. by all plaintiffs (Attachments: # 1 Index of Exhibits # 2 Exhibit A - Emails between Sara Bartosz and William Morris, November 13, 2006# 3 Exhibit B - Emails between Sara Bartosz and William Morris, December 11-12, 2006# 4 Exhibit C - Emails between Sara Bartosz and William Morris, February 16, 2007# 5 Exhibit D - Joint Discovery Plan, April 10, 2007# 6 Exhibit E - Letter from Gena Wiltsek to Defendants counsel, October 12, 2007# 7 Exhibit F - Emails from Sara Bartosz to B. Jay Yelton, November 12-13, 2007# 8 Exhibit G - Email from B. Jay Yelton to Sara Bartosz, November 13, 2007# 9 Exhibit H - Email from Sara Bartosz to B. Jay Yelton, November 14, 2007# 10 Exhibit I - Emails between Sara Bartosz and B. Jay Yelton, November 14-16, 2007# 11 Exhibit J - Emails between Sara Bartosz and B. Jay Yelton, November 16-17, 2007) (Wiltsek, Gena) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
81

Ex Parte MOTION for Leave to File Excess Pages by Jennifer Granholm. (Attachments: # 1 Index of Exhibits # 2 Exhibit A - Defendants' Brief in Support of Their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6)# 3 Exhibit B - Proposed Order Granting Defendants' Ex Parte Motion to Extend Page Limitation) (Schochet, P.) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
82

EXHIBIT A - Amended re 81 Ex Parte MOTION for Leave to File Excess Pages by Jennifer Granholm (Schochet, P.) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
83

MOTION to Dismiss Count III and Count V Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Jennifer Granholm. (Schochet, P.) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
84

MEMORANDUM re 83 MOTION to Dismiss Count III and Count V Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Jennifer Granholm (Schochet, P.) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
85

REPLY to Response re 76 MOTION for Protective Order Limiting Discovery filed by all defendants. (Bargy, Dari) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER

TEXT ONLY ORDER granting 81 Motion for Leave to File Excess Pages. Entered by Honorable Nancy G Edmunds. (CHem)

Dec. 12, 2007

Dec. 12, 2007

PACER

Reset Deadlines as to 76 MOTION for Protective Order Limiting Discovery, 70 MOTION to Compel Discovery and for Sanctions. Motion Hearing adjourned to 12/14/2007 09:30 AM before Honorable Donald A Scheer (MLan)

Dec. 12, 2007

Dec. 12, 2007

PACER

Minute Entry -Motion Hearing held on 12/14/2007 re 76 MOTION for Protective Order Limiting Discovery filed by Marianne Udow, James Hennessey, Laura Champagne, Jennifer Granholm, 70 MOTION to Compel Discovery and for Sanctions filed by C. G., Teresa Kibby, William Ladd, C. B., D. B., L. J., S. G., J. G., John Stempfle before Honorable Donald A Scheer. Disposition: Hearing continued to 1/10/08 at 2:00 p.m. Parties to meet and confer and supplement unresolved issues list by 1/8/08. (Tape #DAS 07-134) (MLan)

Dec. 14, 2007

Dec. 14, 2007

PACER
86

NOTICE of hearing on 83 MOTION to Dismiss Count III and Count V Pursuant to Federal Rule of Civil Procedure 12(b)(6). Motion Hearing set for 3/19/2008 02:00 PM before Honorable Nancy G Edmunds. (CHem) (Entered: 01/03/2008)

Jan. 3, 2008

Jan. 3, 2008

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 8, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of children who are now or will be in the foster care custody of Michigan's Department of Human Services in-home or out-of-home placement.

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

Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $797,000

Order Duration: 2008 - None

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Monitor/Master

Auditing

Monitoring

Issues

General:

Access to public accommodations - governmental

Adoption

Aggressive behavior

Assault/abuse by residents/inmates/students

Classification / placement

Conditions of confinement

Counseling

Education

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Neglect by staff

Placement in shelters

Record-keeping

Sanitation / living conditions

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Siblings (visitation, placement)

Special education

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Wait lists

Crowding:

Crowding / caseload

Benefit Source:

Adoption Assistance and Child Welfare Act