433 F.Supp.2d 1065

Katie A. v. Los Angeles County

U. S. Court of Appeals for the Ninth Circuit

U. S. Court of Appeals for the Ninth Circuit

The Bazelon Center

Sarah Taylor, Claire Battis, Sarah Carnochan, Colleen Henry, Margaret Balk & Michael J. Austin

COMPLAINT filed Summons(es) issued referred to Discovery Stephen J. Hillman (jp) (Entered: 07/22/2002)

NOTICE OF INTERESTED PARTIES filed by plaintiffs Katie A, Mary B, Janet C, Henry D, Gary E (jp) (Entered: 07/22/2002)

NOTICE by plaintiff of related case(s) CV 98-4181 AHM (rn) (Entered: 07/24/2002)

NOTICE OF FILING FEE DUE On Pro Hac Vice Application mailed to attorneys Ira Burnim, Mary Gilberti for plaintiffs (jp)

OBJECTIONS filed by defendant Los Angeles County to related case notice [3-1] (lc) (Entered: 07/26/2002)

STIPULATION filed to extend time to answer complaint [1-1] to 9/7/02 as to Diana Bonta, Los Angeles County, LA Cty Children, Anita Bock (lc) (Entered: 08/02/2002)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 98-4181 AHM (AIJx)] Case transferred from Judge Ronald Lew to Judge A. H. Matz for all further proceedings. The case number will now reflect the initials of the transferee Judge [ CV 02-5662 AHM (SHx)] (cc: all counsel) (rn) (Entered: 08/02/2002)

INITIAL ORDER following filing of cmp (See doc for fur details) by Judge A. H. Matz (ir) (Entered: 08/07/2002)

PROOF OF SERVICE executed upon defendant Rita Saenz Director of Calif Dept of Social Services; Service by FRCP on 7/22/02 via personal svc by serving S/C to Larry Bolton, Chief Counsel, authorized to receive svc of process (twdb) (Entered: 08/08/2002)

PROOF OF SERVICE executed upon defendant Diana Bonta, Director of Calif Dept of Health Svcs; Service by FRCP on 7/22/02 via personal svc by serving S/C to John P. Krause, staff atty authorized to receive svc of process (twdb) (Entered: 08/08/2002)

PROOF OF SERVICE executed upon defendant LA Cty Dept Children & Family Svcs; Service by FRCP on 7/19/02 via personal by serving S/C to Anita Bock, Director, authorized to receive svc of process. (twdb) (Entered: 08/08/2002)

PROOF OF SERVICE executed upon defendant Anita Bock Director of the Los Angeles Cnty Dept of Children; Service by FRCP on 7/19/02 via personal svc by serving S/C to Anita Bock (twdb) (Entered: 08/08/2002)

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by FRCP on 7/19/02 via personal svc by serving S/C to Roy Sinclair, Deputy City Clerk authorized to receive svc. (twdb) (Entered: 08/08/2002)

SUMMONS issued as to defendant Diana Bonta, defendant Los Angeles County, defendant LA Cty Dept Children, defendant Anita Bock, defendant Rita Saenz (twdb)

COUNTER-STATEMENT by defendants Diana Bonta, Rita Saenz in opp plfs ntc of related casese [4-1] (rrey) (Entered: 08/13/2002)

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] through & incl 9/11/02 as to defendants Diana Bonta, & Rita Saenz (ir) (Entered: 08/14/2002)

CORRECTED STIPULATION filed to extend time to answer complaint [1-1] through & incl 9/11/02 as to defendants Diana Bonta, Director of the CA Dept of Health Services & Rita Saenz, Director of the CA Dept of Social Services (ir) (Entered: 08/14/2002)

NOTICE of initial order entered following filing of complaint assigned to Judge Matz by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E (ca) (Entered: 08/15/2002)

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiffs by Mary Giliberti of Bazelon Center for Mental Health Law. Designating Mark Rosenbaum of American Civil Liberties Union of Southern California as local counsel. Approved by Judge A. H. Matz. (Fee pd) (ir) (Entered: 08/15/2002)

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiffs by Ira A Burnim of Bazelon Center for Mental Health Law. Designating Mark Rosenbaum of American Civil Liberties Union of Southern California as local counsel. Approved by Judge A. H. Matz. (Fee pd) (ir) (Entered: 08/15/2002)

RESPONSE by Pro Hac Vice Attorneys Ira Burnim Gary E, Mary Giliberti for plaintiff Gary E re pro hac vice application [17-1] [16-1]; PHV fee: paid (nhac)

NOTICE OF CHANGE Of Address filed by atty Alice Bussiere for plaintiff Katie A, Carol Shauffer for plaintiff Katie A. 3250 Ocean Park Blvd, Ste 300, Santa Monica, CA (twdb) (Entered: 08/22/2002)

CORRECTED PROOF OF SERVICE by plaintiff on 8/13/02 of ntc of intial ord entered following filing of cmp assigned to Judge Matz (rrey) (Entered: 08/30/2002)

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & incl 10/11/02 as to State Dfts & Cnty Dfts to file & serve their Ans or other responsive pldg to Plfs' cmp ; Plfs shall have up to & incl 11/18/02 to file & serve their mot for Class certification (ir) (Entered: 09/09/2002)

NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz ordering Ptys' Joint Req for Status Conf submitted by plaintiffs received on 10/2/02 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (ir) (Entered: 10/07/2002)

PARTIES JOINT REQUEST filed for Status Conf (ir) (Entered: 10/07/2002)

MINUTES: (IN CHAMBERS) Purs to ptys' req [23-1]; Crt hereby sets a Status conf for 11:00 10/10/02 by Judge A. H. Matz CR: Not Reported (ir) (Entered: 10/07/2002)

MINUTES: Status conference held ; Cnsl updates Crt as to the status of sttlmnt negotiations & status of the action; Dfts req that the time to respond to cmp be ext for an addt 30 days from 10/11/02; Crt ord ptys to submit a stip & ord ext the response date to 12/9/02; Crt sets another status conf for 3:00 11/26/02 & ord ptys to file a joint status rpt NLT 11/21/02 w/a conformed courtesy copy delivered to chambers via Crt's courtesy box NLT noon by Judge A. H. Matz CR: Lynne Smith (ir) (Entered: 10/11/2002)

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & incl 12/9/02 as to defendants Los Angeles County, Los Angeles County Department of Children and Family Services, Anita Bock, Diana Bonta, Rita Saenz IT IS FUR ORD that Plfs shall have up to & incl 1/20/03 to file & serve their mot for class certification (ir) (Entered: 10/22/2002)

JOINT STATUS CONFERENCE STATEMENT by plaintiffs (ir) (Entered: 11/22/2002)

STIPULATION filed re available dats for Status Conference (ir) (Entered: 12/05/2002)

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & including 12/31/02 as to defendants Diana Bonta, Director of California Department of Health Services & Rita Saenz, Director of the California Department of Social Services ; Court reschedules the 11/26/02 Status Conference for 3:00 12/10/02 (ir) (Entered: 12/05/2002)

MINUTES: Status conference held ; Counsel updates Court as to the status of the action; Court questions counsel regarding the creation of an advisory panel & whether or not a special master would also be appropriate to manage this action; Counsel for Plf informs the Court that it plans to file a 1st Amended Complaint by 12/25/02; Court orders that the state Dfts will have 60 days & the county Dfts 90 days to respond to the 1st Amended Complaint; Court grants Plfs 120 days from the date they file their 1st Amended complaint to file their motion for class certification; Court sets another status conference for 3:00 3/20/03 & orders parties to file a joint status report no later than 3/10/03 by Judge A. H. Matz CR: Lynne Smith (ir) (Entered: 12/11/2002)

STIPULATION and ORDER by Judge A. H. Matz extending time to answer complaint [1-1] up to & including 12/31/02 as to defendants Los Angeles County, Los Angeles County Department of Children & Family Services & Marjorie Kelly, Interim Director of the Los Angeles County Department of Children & Family Services & successor-in-interest to Anita Block (ir) (Entered: 12/11/2002)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/10/02 (Re: ) CR: Lynne Smith (weap) (Entered: 12/16/2002)

TRANSCRIPT filed for proceedings held on 10/10/02 (weap)

FIRST AMENDED COMPLAINT [1-1] by plaintiffs Katie A, Mary B, Janet C, Henry D, Gary E; terminating defendant Anita Bock; adding Marjorie Kelly. Summons not issued (ir) (Entered: 12/23/2002)

SUMMONS issued on first amended complaint (lc)

RETURN OF ORIGINAL SUMMONS AND PROOF OF SERVICE executed upon defendant Los Angeles County Department of Children & Family Services; Service by Federal Statute on 12/23/02 via personal service by serving Summons on 1st Amended complaint & 1st Amended Complaint to Michelle R Victor, MA, LMFT, authorized to receive service of process (ir) (Entered: 01/10/2003)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 12/10/02 (Re:) CR: Lynne Smith (weap) (Entered: 01/28/2003)

TRANSCRIPT filed for proceedings held on 12/10/02 (weap)

ANSWER filed by defendants Diana Bonta, Director of California Department of Health Services, Rita Saenz, Director of the California Department of Social Services to 1st amended complaint [33-1] (ir) (Entered: 02/20/2003)

NOTICE OF INTERESTED PARTIES filed by defendants Diana Bonta, Director of California Department of Health Services & Rita Saenz, Director of the California Department of Social Services (ir) (Entered: 02/20/2003)

ORDER setting Rule 26(f) Scheduling Conference by Judge A. H. Matz Scheduling conf set for 1:30 4/14/03 ; Parties are reminded of their obligations to disclose information to confer on a discovery plan not later than 21 days prior to the scheduling conference & to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer; Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further details) (ir) (Entered: 02/20/2003)

JOINT STATUS CONFERENCE STATEMENT (jp) (Entered: 03/11/2003)

JOINT STATEMENT of Plfs' counsel & County Dfts on progress of Named Plfs by defendant Los Angeles County (ir) (Entered: 03/14/2003)

MINUTES: Status conference held; Court & counsel confer regarding the status of the proposed settlement; Counsel advises the Court that the settlement will be finalized within a week; An unsigned copy of the proposed settlement agreement is lodged with the Court; Counsel also advises the Court of a vacancy on the 6-memeber advisory panel; Court orders Ms Goldsmith to set forth her clients' views concerning the proposed settlement & provide them to the parties no later than 3/31/03; Plfs shall file their class certification motion no later than 4/28/03 to be heard six weeks after the motion is filed; The State shall have two weeks after service of the motion to oppose; Plfs' reply must be submitted not later than four weeks after service of the class certification motion; Court vacates the 4/14/03 scheduling conference & provisionally set a new scheduling conference for 1:30 5/12/03 ; Court also grants the County Dfts a 60-day extension to respond to the 1st Amended complaint; Court reporter shall provide the Court with a copy of the transcript of this hearing by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 03/25/2003)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 3/20/03 (Re: ) CR: Sheri S. Ogata (pjap) (Entered: 04/08/2003)

TRANSCRIPT filed for proceedings held on 3/20/03 (pjap)

APPLICATION filed of Youth Law Center to w/draw as counsel ; Declaration in support of application; Lodged Order (ir) (Entered: 04/09/2003)

ORDER by Judge A. H. Matz granting application to w/draw as counsel [43-1] withdrawing attorneys Alice Bussiere & Carol Shauffer for Katie A (ir) (Entered: 04/09/2003)

MINUTES (IN CHAMBERS): The parties are Ordered to discuss in the next status conference, what, (if any) implications the report published by the US Department of Justice concerning juvenile halls maintained in Los Angeles County may have in this case; Articles about that report appear in the Los Angeles Daily Journal on 4/17/03 and 4/18/03 by Judge A. H. Matz; CR: Not reported (nhac) (Entered: 04/21/2003)

NOTICE LODGING FULLY EXECUTED Settlement Between Plaintiffs and County Defendants filed by defendant Los Angeles County (nhac) (Entered: 04/21/2003)

MEMORANDUM IN SUPPORT of appicatioin to file documents under seal; declaration of Katrina McIntosh by plaintiffs (lc) (Entered: 04/28/2003)

ORDER by Judge A. H. Matz upon plaintiff's application: that for each of the five named plaintiffs the documetns listed in the application be filed under seal (lc) (Entered: 04/28/2003)

NOTICE OF MOTION AND MOTION by plaintiffs for class certification ; motion hearing set for 10:00 6/9/03 (nhac) (Entered: 04/30/2003)

MEMORANDUM POINTS OF Authorities by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

DECLARATION of Ronald C Peterson by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

DECLARATION of Mark D Rosenbaum by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

DECLARATION of Robert D Newman by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

DECLARATION of Ira A Birnum by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

DECLARATION of Laura Diamond by plaintiffs in support of motion for class certification [50-1] (nhac) (Entered: 04/30/2003)

STIPULATION and ORDER by Magistrate Judge Stephen J. Hillman re protective order to seal records and protect the confidentiality of information relating to plaintiffs and putative class members (see documents for further details) (nhac) (Entered: 04/30/2003)

APPLICATION filed by plaintiffs to seal documents and for a protective order to seal records ; Lodged Proposed Order (filed under seal) (mch) (Entered: 05/02/2003)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of application to seal documents and for a protective order to seal records [64-1] (mch) (Entered: 05/02/2003)

ORDER TO SEAL CERTAIN RECORDS by Judge A. H. Matz granting application to seal documents and for a protective order to seal records [64-1]. It is hereby ordered that certain declarations filed in support of plaintiffs' motion for class certification which are listed as items 1 through 6 in Application to Seal Documnets and for a Protective Order to Seal Records be filed under seal (see document for further details). (mch) (Entered: 05/02/2003)

JOINT RULE 26(f) REPORT filed; est length of trial 20-70 days (ir) (Entered: 05/06/2003)

NOTICE OF ERRATA by defendants Diana Bonta, Rita Saenz in State Dfts' portion of Joint Rule 26(f) Report [72-1] (ir) (Entered: 05/09/2003)

JOINT APPLICATION filed by plaintiffs for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness hearing ; Lodged 2 Proposed Orders (ir) (Entered: 05/12/2003)

JOINT MEMORANDUM of Points and Authorities by plaintiffs in support of application for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness [74-1] (ir) (Entered: 05/12/2003)

OPPOSITION by State defendants to motion for class certification [50-1] (ir) (Entered: 05/13/2003)

DECLARATION of Sandra L Goldsmith by defendants Diana Bonta, Rita Saenz in support of opposition to motion for class certification [50-1] (ir) (Entered: 05/13/2003)

MINUTES: mandatory status/scheduling conference held ; State defendant informs court it may seek to add other California counties if court grants plaintiff's upcoming motion for class certification; court orders dates as indicated on scheduling/case management order filed this date and orders counsel to discuss settlement selction; further scheduling conference will be set at a later date; discussion of proposed fairness hearing and class certification hearing held; after review of revised proposed notice, Court will set a date for fairness hearing; Court rules notice to be mailed shall be in both Spanish and English; plaintiffs shall establish a mechanism for creating a record of comments received via the 1-800 number by Judge A. H. Matz CR: Hope Goldsmith (lc) Modified on 05/14/2003 (Entered: 05/14/2003)

SCHEDULING AND CASE MANAGMENT ORDER by Judge A. H. Matz non expert discovery ddl set on 5/31/04 (lc) (Entered: 05/14/2003)

SELECTED AUTHORITIES by State defendants in support of their opposition to Plfs' motion for class certification [50-1] (ir) (Entered: 05/15/2003)

NOTICE of lodging of (1) Revised Notice of Proposed Settlement Agreement and (2) Toll-Free Phone Line Text by defendant Los Angeles County (ir) (Entered: 05/19/2003)

ORDER by Judge A. H. Matz: Granting application for preliminary approval of Class Settlement, provisional certification of settlement class, approval of form and manner of notice to class and scheduling of fairness hearing [74-1]. The Court gives its preliminary approval to the proposed settlement of this lawsuit between plaintiffs & County defendants and the related stipulated order. A Fairness Hearing shall be held on 7/16/03 at 3:00 to hear objections of class members, if any are made, to the approval of the settlement & entry of the stipulated order. (See document for further details). As to the "Revised Notice of Proposed Settlement Agreement & Settlment Hearing," which was filed on 5/16/03, the Court Orders that in the paragraph captioned "Description of the Class" the word "provisionally" be substituted for "preliminary" on the first line and the words "after the Fairness Hearing" be added after "If the Settlement is approved" on the third line. In addition, for option #3 on Exhibit Two, concerning the Toll-Free Phone Line, the recorded message should specify the address of the courthouse referred to on page four. (mg) (Entered: 05/21/2003)

SUBSTITUTION OF PARTIES and Order by Judge A. H. Matz; County defendants, through their respective attorneys of record, inform the Court as follows: 1)Marjorie Kelly is no longer the Interim Director of the Los County Department of Children and Family Services ; 2)David Sanders is the current Director of the Los Angeles County Department of Children and Family Services and is therefor substituted as a party to this action in place of Marjorie Kelly; 3)David Sanders has actual notice of the suit and submits to the jurisdiction of this Court. (nhac) (Entered: 05/22/2003)

STIPULATION and ORDER by Judge A. H. Matz that the County Defendants shall have up to and including 7/25/03, to file and serve their answer or other responsive pleading to plaintiffs' complaint [1-1] for declaratory and injunctive relief (nhac) (Entered: 05/22/2003)

Supplemental declaration by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E of Robert D Newman in support of plaintiffs' motion for class certification [50-1] (yc) (Entered: 05/29/2003)

REPLY by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E in support of of motion for class certification [50-1] (yc) (Entered: 05/29/2003)

Supplemental declaration by plaintiff Katie A, plaintiff Mary B, plaintiff Janet C, plaintiff Henry D, plaintiff Gary E of Robert D Newman in support of motion for class certification [50-1] (yc) (Entered: 05/29/2003)

NOTICE OF CHANGE OF ATTORNEY INFORMATION: terminating attorneys Richard Waldow and Cristina Felix-Carrasco for Rita Saenz, Diana Bonta by defendants Diana Bonta, Rita Saenz and substituting attorney Sandra L Goldsmith (ir) (Entered: 06/02/2003)

MINUTES: Plaintiff's motion for class certification [50-1] (Filed 4/28/03); Cause called; appearances made; Court advises counsel that it requires additional time to consider the above motion and continues the hearing until 4:00 pm this afternoon; In preparation for this afternoon's hearing, Court informs counsel that it is inclines to grant the above motion but with modifications to the class definition; Counsel return to Court for further hearing; Court issues its oral tentative ruling granting the above motion and hears oral argument; Court GRANTS the above motion with slight modifications; Order to issue by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 06/10/2003)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/12/03 (Re: ) CR: Hope Goldsmith (pjap) (Entered: 06/13/2003)

TRANSCRIPT filed for proceedings held on 5/12/03 (pjap)

STATE Defendants' Authorities regarding Class Definition (ir) (Entered: 06/16/2003)

ORDER by Judge A. H. Matz Plaintiffs' motion for class certification [50-1] is GRANTED; The following class is certified: "Children in California who (a) are in foster care or are at imminent risk of foster care placement and (b) have a mental illness or condition that has been documented or had an assessment already been conducted, would have been documented and (c) who need individualized mental health services, including but not limited to professionally acceptable assessments, behavioral support and case management services, family support, crisis support, therapeutic foster car and other necessary services in the home or in a home-like setting to treat or ameliorate their illness or condition; For the purpose of this case, 'imminent risk of foster care placement' means that within the last 180 days a child has been participating in voluntary family maintenance services or voluntary family reunification placements and/or has been the subject of either a telephone call to the Child Protective Services hotline or some other documented communication made to a local Child Protective Services agency regarding suspicions of abuse, neglect or abandonment; However Plaintiff Gary E may not serve as a class representative because his recent relocation to Idaho prevents him from satisfying the Rule 23(a)(3) typicality requirement (ir) (Entered: 06/19/2003)

NOTICE of Unavailability of State Defendants' counsel by defendants Diana Bonta, Rita Saenz (ir) (Entered: 07/02/2003)

OPPOSITION by defendants Diana Bonta, Rita Saenz to Plaintiffs' motion for approval of the Settlement agreement between Plaintiffs and Los Angeles County Defendants [74-1] (ir) (Entered: 07/03/2003)

DECLARATION of Lois Van Beers by defendants Diana Bonta, Rita Saenz in support of State Defendants' opposition to Plaintiffs' mtion for approval of the settlement agreement between Plaintiffs and Los Angeles County Defendants [74-1] (ir) (Entered: 07/03/2003)

MOTION by defendants Diana Bonta, Rita Saenz for reconsideration of Court's Order regarding Class Certification ; motion hearing set for 10:00 7/28/03; memorandum of Points and Authorities (ir) (Entered: 07/07/2003)

NOTICE OF ERRATA by defendants Diana Bonta, Rita Saenz correcting their opposition to Plaintiffs' motion for approval of the Settlement Agreement between Plaintiffs and Los Angeles County Defendants [94-1] (ir) (Entered: 07/09/2003)

BRIEF by defendant County of Los Angeles in support of Joint application for approval of Class Settlement [74-1]; Declarations in support thereof; Lodged Order (ir) (Entered: 07/10/2003)

OBJECTION filed by objector Children's Rights Inc to Proposed Class Action Settlement Agreement [74-1] and memorandum of Points and Authorities in support thereof (ir) (Entered: 07/10/2003)

DECLARATION of Marcia Robinson Lowry, Esq by objector Children's Rights in support of objection to Proposed Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

DECLARATION of Lionel Z Glancy by objector Children's Rights in support of Objection to Proposed Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

REQUEST filed by Objectors for opportunity to be heard (ir) (Entered: 07/10/2003)

REQUEST for Judicial Notice in support of objection to Court Approval of Proposed Class Settlement Agreement [74-1] (ir) (Entered: 07/10/2003)

NOTICE of Availability of members of Advisory Panel by defendant County of Los Angeles (ir) (Entered: 07/10/2003)