Case: E.C. v. Sherman

2:05-cv-00726 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 15, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

This lawsuit was brought on August 15, 2005, by abused and neglected children, currently or formerly in the custody of Missouri's foster care system, who have highly specialized medical, mental health or other special needs. They filed a complaint and an emergency temporary restraining order in the U.S. District Court for the Western District of Missouri to prohibit Missouri Senate Bill 539, a new adoption subsidy law, from taking effect. The plaintiffs, represented by Children's Rights and a…

This lawsuit was brought on August 15, 2005, by abused and neglected children, currently or formerly in the custody of Missouri's foster care system, who have highly specialized medical, mental health or other special needs. They filed a complaint and an emergency temporary restraining order in the U.S. District Court for the Western District of Missouri to prohibit Missouri Senate Bill 539, a new adoption subsidy law, from taking effect. The plaintiffs, represented by Children's Rights and a broad coalition of local advocates, complained that the law violated the Equal Protection rights of foster children through the application of a "means test" to the income of adoptive parents, denying adoptive assistance benefits for certain foster children. Additionally, the plaintiffs charged violations of the federal Adoption Assistance and Child Welfare Act of 1980, as amended by the Adoption and Safe Families Act of 1997, and the Equal Protection and Contracts Clauses of the U.S. Constitution.

On August 30th, the federal district court (Judge Scott O. Wright) entered a temporary restraining order enjoining the implementation of the law. On September 8, 2005, the court granted plaintiffs' preliminary injunction blocking Senate Bill 539 from taking effect until trial on the merits. On September 29, 2005, the Court entered an order granting class certification.

Defendants filed an appeal from the injunction and class certification orders on October 7, 2005. Plaintiffs filed a motion to dismiss defendants' interlocutory appeal of the class certification order challenging the Eighth Circuit's subject matter jurisdiction. Subsequently, both the district court and the appellate court denied defendants' request for a stay pending the preliminary injunction appeal.

Following a trial in April 2006, plaintiffs won on all legal claims and the court permanently banned the adoption subsidy provisions of Senate Bill 539 from ever taking effect. The Missouri Department of Social Services immediately appealed the ruling, but the appeal was later withdrawn and the permanent ban on Senate Bill 539 remains in place.

Summary Authors

Ariana Fink (12/4/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4663994/parties/ec-v-blunt/


Judge(s)

Wright, Scott Olin (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

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

Burns-Bucklew, Loretta E. (Missouri)

Greider, Deborah (Illinois)

Jeanetta, Kathleen A (Missouri)

Kennedy (IL), Thomas E. III (Illinois)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Macer, Pamela (Hawaii)

Judge(s)

Wright, Scott Olin (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

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

Burns-Bucklew, Loretta E. (Missouri)

Greider, Deborah (Illinois)

Jeanetta, Kathleen A (Missouri)

Kennedy (IL), Thomas E. III (Illinois)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Macer, Pamela (Hawaii)

Mizell, Nicholas Patrick (Missouri)

Muehlberger, James Patrick (Missouri)

Reynolds, Stephen (Missouri)

Sanders, Amy (Missouri)

Sinha, Priy (New York)

Wilson, James J. (Missouri)

Attorneys(s) for Defendant

Gardner, Gary L. (Missouri)

Leyshock, Douglas G. (Missouri)

Mitchell, Karen King (Missouri)

Vollet, Heidi Doerhoff (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

E.C. v. Blunt

Oct. 17, 2006 Docket
1

Complaint

E.C. v. Blunt

Aug. 15, 2005 Complaint
39

Amended Complaint

E.C. v. Blunt

Sept. 14, 2005 Complaint
41

Order Granting Plaintiffs' Motion for Class Certification

E.C. v. Blunt

Sept. 29, 2005 Order/Opinion
53

Order

E.C. v. Blunt

Nov. 9, 2005 Order/Opinion
88

Proposed Findings of Fact, Conclusions of Law, and Judgment Denying Permanent Injunction

E.C. v. Blunt

April 17, 2006 Order/Opinion
93

Plaintiffs' Proposed Findings of Fact and Conclusions of Law

April 17, 2006 Pleading / Motion / Brief
100

[Plaintiffs' Final Proposed] Findings of Fact and Conclusions of Law in Support of the Court's May 1st, 2006 Order and Final Judgment Granting Permanent Injunctive Relief

May 3, 2006 Pleading / Motion / Brief
100-1

Notice of Order Granting Injunctive Relief

May 3, 2006 Notice Letter
104

Findings of Fact and Conclusions of Law in Support of the Courts May 1, 2006 Order and Final Judgment Granting Permanent Injunctive Relief

2006 WL 1307641

May 9, 2006 Order/Opinion

Resources

Title Description External URL

E.C. v. Sherman

Children's Rights

Children’s Rights filed this class action in August 2005, together with a broad coalition of Missouri advocates, when a new Missouri law threatened to cut off critical adoption subsidies for special … Aug. 15, 2005 https://www.childrensrights.org/class_action/missouri-ec-v-sherman/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4663994/ec-v-blunt/

Last updated May 20, 2022, 2:52 a.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants (Filing fee $250 receipt number 232411) Service due by 12/13/2005, filed by Loretta E. Burns−Bucklew on behalf of J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit "A" Declaration of E.C.# 3 Exhibit "B" Declaration of J.C.# 4 Exhibit "C" Affidavit of Fischer# 5 Exhibit "D" Affidavit of Strange# 6 Exhibit "E" Affidavit of Patterson# 7 Exhibit "F" Declaration of J.L.# 8 Exhibit "G" Declaration of Capps# 9 Exhibit "H" Declaration of Antonich# 10 Exhibit "I" Declaration of Johnson# 11 Exhibit "J" Declaration of Euer# 12 Exhibit "K" Declaration of Smith# 13 Notice of Exhibit Attachment Signed Declarations/Affidavits)(Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
70

ORDER granting 59 def. Blunt's motion for judgment on the pleadings and def. Blunt is dismissed as a def. w/prejudice. Signed by Judge Scott O. Wright on 1-9-2006. (Morse, Judy)

Jan. 9, 2006 RECAP
74

ORDER granting 71 joint motion for in camera inspection of documents, defendants are not required to produce said documents to plaintiffs. Signed by Judge Scott O. Wright on 1-13-2006. (Morse, Judy)

Jan. 13, 2006 RECAP
3

MOTION to certify class filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 8/30/2005 unless otherwise directed by the court (Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
96

ORDER GRANTING PERMANENT INJUNCTIVE RELIEF Signed by Judge Scott O. Wright on 5/1/2006. (McIlvain, Kelly)

May 1, 2006 RECAP
4

SUGGESTIONS in support re 3 MOTION to certify class filed by Loretta E. Burns−Bucklew on behalf of Plaintiffs J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Attachments: # 1 Exhibit ACYF−CB−PA−01−01# 2 Exhibit Caseload Counter# 3 Exhibit '05 DSS Mgt Report# 4 Exhibit Fiscal Note# 5 Exhibit "E" Declaration of Strange# 6 Exhibit "F" Declaration of Patterson# 7 Exhibit "G" Declaration of Capps# 8 Exhibit "H" Declaration of Fischer# 9 Exhibit "I" Declaration of Antonich# 10 Exhibit "J" Declaration of Euer# 11 Exhibit "K" Declaration of Smith# 12 Exhibit "L" Declaration of Johnson)(Related document(s) 3 ) (Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
5

MOTION to appoint Next Friend ad Litem filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 8/30/2005 unless otherwise directed by the court (Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
104

FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF THE COURT'S MAY 1, 2006 ORDER AND FINAL JUDGMENT GRANTING PERMANENT INJUNCTIVE RELIEF. Signed by Judge Scott O. Wright on 5-9-2006. (Morse, Judy)

May 9, 2006 RECAP
105

ORDER that plaintiff's proposed notice of order granting injunctive relief will not be entered. Signed by Judge Scott O. Wright on 5-9-2006. (Morse, Judy)

May 9, 2006 RECAP
6

MOTION for leave to file excess pages filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 8/30/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
7

MOTION for temporary restraining order or Preliminary Injunction filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 8/30/2005 unless otherwise directed by the court (Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
8

SUGGESTIONS in support re 6 MOTION for leave to file excess pages, 7 MOTION for temporary restraining order or Preliminary Injunction filed by Loretta E. Burns−Bucklew on behalf of Plaintiffs J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Attachments: # 1 Exhibit "A" House Bill 539# 2 Exhibit "B" Child Welfare Manual# 3 Exhibit "C" ACYF−CB−PA−01−01# 4 Exhibit "D" PIQ−90−02# 5 Exhibit "E" IRS Publ. 17# 6 Exhibit "F" PIQ 99−01# 7 Exhibit "G" Bower Declaration# 8 Exhibit "H" Patterson Declaration# 9 Exhibit "I" Euer Declaration# 10 Exhibit "J" Capps Declaration# 11 Exhibit "K" Antonich Declaration# 12 Exhibit "L" Fischer Declaration# 13 Exhibit "M" E.C. Declaration# 14 Exhibit "N" J.C. Declaration# 15 Exhibit "O" Strange Declaration# 16 Exhibit "P" Johnson Declaration# 17 Exhibit "Q" Budget Proposal# 18 Exhibit "R" Press Release# 19 Exhibit "S" 8.2B Eligibility# 20 Exhibit "T" G.L. Compliance Rpt.)(Related document(s) 6 , 7 ) (Burns−Bucklew, Loretta) (Entered: 08/15/2005)

Aug. 15, 2005
9

Notice of EAP NEUTRAL (Attachments: # 1 General Ofder)(Sullivan, Tanya) (Entered: 08/16/2005)

Aug. 16, 2005

SUMMONS ISSUED as to Matt Blunt, K. Gary Sherman. (Sullivan, Tanya) (Entered: 08/16/2005)

Aug. 16, 2005
10

LETTER OF REASSIGNMENT from Western Division to Central Division (Richardson, Glenda) (Entered: 08/16/2005)

Aug. 16, 2005
11

Motion to allow Ira Lustbader to appear pro hac vice (Pro Hac fee $50 receipt number 232479) filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs (Burns−Bucklew, Loretta) (Entered: 08/16/2005)

Aug. 16, 2005
12

ORDER denying 2 motion to reassign/transfer case.. Signed by Judge Scott O. Wright on 8/17/2005. (McIlvain, Kelly) (Entered: 08/17/2005)

Aug. 17, 2005

ORDER granting 11 motion to appear pro hac vice approved by Clerk of Court. Attorney Ira Lustbader for T.G.; B.G.; A.G.; W.S.; M.S.; D.S.; M.P.; A.C.; J.A.; E.C.; T.J.; A.J.; A.E.; N.S.; J.C. and J.L.. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Price, Jackie) (Entered: 08/17/2005)

Aug. 17, 2005
13

ORDER granting 5 Jill Katz's application for appointment of next friend. Signed by Judge Scott O. Wright on 8−18−05. (Morse, Judy) (Entered: 08/18/2005)

Aug. 18, 2005
14

ORDER granting 6 plaintiffs' motion for leave to file excess pages. Signed by Judge Scott O. Wright on 8−18−05. (Morse, Judy) (Entered: 08/18/2005)

Aug. 18, 2005
15

TEMPORARY RESTRAINING ORDER. Signed by Judge Scott O. Wright on 8/18/2005. (McIlvain, Kelly) (Entered: 08/18/2005)

Aug. 18, 2005
16

RETURN OF SERVICE of complaint executed by J.C., J.L., T.G., B.G., A.G., M.S., D.S., M.P., A.C., J.A., E.C., A.J., A.E., N.S.. Matt Blunt served on 8/16/2005, answer due 9/6/2005. (Burns−Bucklew, Loretta) (Entered: 08/22/2005)

Aug. 22, 2005
17

RETURN OF SERVICE of complaint executed by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. K. Gary Sherman served on 8/16/2005, answer due 9/6/2005. (Burns−Bucklew, Loretta) (Entered: 08/22/2005)

Aug. 22, 2005
18

ORDER: witness and exhibit lists due 9/2/05; proposed findings of fact and conclusions of law due 9/2/05; diskete due nlt 9 a.m. 9/8/05; briefs due 9/2/05; courtesy copies due 9/6/05. Signed by Judge Scott O. Wright on 8−23−05. (Morse, Judy) (Entered: 08/23/2005)

Aug. 23, 2005
19

Emergency MOTION to expedite Discovery filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 9/13/2005 unless otherwise directed by the court (Attachments: # 1 Exhibit "A" Gardner letter)(Burns−Bucklew, Loretta) (Entered: 08/29/2005)

Aug. 29, 2005
22

TRANSCRIPT of Motion for Temporary Restraining Order held on 8/17/05 before Judge Scott O. Wright. Court Reporter: Melanie Beard. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Kee, Georgia) (Entered: 09/01/2005)

Aug. 30, 2005
20

SUGGESTIONS in opposition re 19 Emergency MOTION to expedite Discovery filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman. Reply suggestions due by 9/15/2005 unless otherwise directed by the court (Related document(s) 19 ) (Gardner, Gary) (Entered: 08/31/2005)

Aug. 31, 2005
21

ORDER granting 19 plaintiffs' emergency motion for expedited discovery; defendants shall produce Mr. Frederic M. Simmens for a 3 hr deposition prior to 9/8/05; defendants shall produce to plaintiffs copy of current Title IV−E Missouri State plan by 9/2/05; parties are to file documents previously ordered nlt 2 p.m. on 9/2/05. Signed by Judge Scott O. Wright on 8−31−05. (Morse, Judy) (Entered: 08/31/2005)

Aug. 31, 2005
23

ANSWER to Complaint filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 09/02/2005)

Sept. 2, 2005
24

PROPOSED WITNESS LIST by Matt Blunt, K. Gary Sherman AND EXHIBIT LIST . (Gardner, Gary) (Entered: 09/02/2005)

Sept. 2, 2005
25

SUGGESTIONS in opposition re 7 MOTION for temporary restraining order or Preliminary Injunction , 3 MOTION to certify class filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman. Reply suggestions due by 9/19/2005 unless otherwise directed by the court (Related document(s) 7 , 3 ) (Gardner, Gary) (Entered: 09/02/2005)

Sept. 2, 2005
26

NOTICE of filing by Matt Blunt, K. Gary Sherman Proposed Finding of Fact, Conclusions of Law, and Order Denying Preliminary Injunction (Gardner, Gary) (Entered: 09/02/2005)

Sept. 2, 2005
28

PRETRIAL MEMORANDUM by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Mizell, Nicholas) (Entered: 09/02/2005)

Sept. 2, 2005
29

NOTICE of filing by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S. of Plaintiffs' Proposed Findings of Fact and Conclusions of Law (Mizell, Nicholas) (Entered: 09/02/2005)

Sept. 2, 2005
30

of Plaintiffs' Witness List for Preliminary Injunction Hearing (Mizell, Nicholas) Modified on 9/6/2005 to correct docket text(Bax, Laura). (Entered: 09/02/2005)

Sept. 2, 2005
31

of Plaintiffs' Exhibit List for Preliminary Injunction Hearing (Mizell, Nicholas) Modified on 9/6/2005 to correct docket text(Bax, Laura). (Entered: 09/02/2005)

Sept. 2, 2005
32

Motion to allow John Ammann to appear pro hac vice (Pro Hac fee $50 receipt number 1078001) filed byNicholas Patrick Mizell on behalf of all plaintiffs (Mizell, Nicholas) (Entered: 09/02/2005)

Sept. 2, 2005

ORDER granting 32 motion to appear pro hac vice approved by Clerk of Court. Attorney John J. Ammann for plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 09/06/2005)

Sept. 6, 2005
33

Motion to allow James Wilson to appear pro hac vice (Pro Hac fee $50 receipt number 232808) filed byNicholas Patrick Mizell on behalf of all plaintiffs (Mizell, Nicholas) (Entered: 09/07/2005)

Sept. 7, 2005
34

Motion to allow Stephen Reynolds to appear pro hac vice (Pro Hac fee $50 receipt number 232807) filed byNicholas Patrick Mizell on behalf of all plaintiffs (Mizell, Nicholas) (Entered: 09/07/2005)

Sept. 7, 2005
35

ORDER granting 27 motion to amend/correct complaint; amended complaint to be filed within 5 days from the date of this order. Signed by Judge Scott O. Wright on 9/7/2005. (McIlvain, Kelly) (Entered: 09/07/2005)

Sept. 7, 2005

ORDER granting 33 and 34 motion to appear pro hac vice approved by Clerk of Court. Attorney James J. Wilson and Stephen Reynolds for plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Carr, Lori) (Entered: 09/07/2005)

Sept. 7, 2005

***Remark −DOCUMENT #36 HAS BEEN DELETED AS THIS ORDER WAS DOCKETED IN THE WRONG CASE IN ERROR. THERFORE, WILL NOT BE A DOCUMENT #36 (McIlvain, Kelly) (Entered: 09/08/2005)

Sept. 8, 2005
36

PRELIMINARY INJUNCTION. Signed by Judge Scott O. Wright on 9/8/05. (Beard, Melanie) (Entered: 09/08/2005)

Sept. 8, 2005
37

Minute Entry for proceedings held before Judge Scott O. Wright : MOTION HEARING held on 9/8/2005 re 7 MOTION for Preliminary Injunction filed by A.G.,, A.J.,, T.J.,, J.A.,, E.C.,, J.L.,, T.G.,, B.G.,, W.S.,, M.S.,, D.S.,, M.P.,, A.C.,, A.E.,, N.S.,. (Court Reporter Melanie Beard.) (McIlvain, Kelly) (Entered: 09/13/2005)

Sept. 8, 2005
38

REPLY SUGGESTIONS to motion re 3 MOTION to certify class filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Attachments: # 1 Exhibit A)(Related document(s) 3 ) (Mizell, Nicholas) (Entered: 09/13/2005)

Sept. 13, 2005
40

ANSWER to Amended Complaint filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 09/15/2005)

Sept. 15, 2005
41

ORDER granting 3 plaintiffs' motion to certify class. Signed by Judge Scott O. Wright on 9−29−05. (Morse, Judy) (Entered: 09/29/2005)

Sept. 29, 2005
42

ORDER that joint proposed scheduling order due by 10/17/2005. Signed by Judge Scott O. Wright on 9−29−05. (Morse, Judy) (Entered: 09/29/2005)

Sept. 29, 2005
43

PROPOSED SCHEDULING ORDER Discovery Plan by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Burns−Bucklew, Loretta) (Entered: 09/30/2005)

Sept. 30, 2005
44

NOTICE OF APPEAL by Matt Blunt, K. Gary Sherman. Filing fee $ 255, receipt number 1102199. (Gardner, Gary) (Entered: 10/07/2005)

Oct. 7, 2005
45

MOTION to stay or Suspend the Preliminary Injunction Pending Appeal With Suggestions in Support filed byGary L. Gardner on behalf of Matt Blunt, K. Gary Sherman Suggestions in opposition/response due by 10/24/2005 unless otherwise directed by the court (Gardner, Gary) (Entered: 10/07/2005)

Oct. 7, 2005
46

ELECTRONIC TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 44 Notice of Appeal (Kee, Georgia) (Entered: 10/07/2005)

Oct. 7, 2005

***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Fri Oct 7 14:22:37 CDT 2005 (Kee, Georgia) (Entered: 10/07/2005)

Oct. 7, 2005

US COURT OF APPEALS 8th Circuit CASE NUMBER 05−3744 for 44 Notice of Appeal. (Bax, Laura) (Entered: 10/13/2005)

Oct. 13, 2005
47

TRANSCRIPT of Evidentiary held on September 8, 2005 before Judge Scott O. Wright. Court Reporter: Melanie Beard. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. Transcript sent to 8th Circuit Court of Appeals on 10/17/05. (Beard, Melanie) (Entered: 10/17/2005)

Oct. 14, 2005
48

SUGGESTIONS in opposition re 45 MOTION to stay or Suspend the Preliminary Injunction Pending Appeal With Suggestions in Support filed by Loretta E. Burns−Bucklew on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. Reply suggestions due by 11/4/2005 unless otherwise directed by the court (Related document(s) 45 ) (Burns−Bucklew, Loretta) (Entered: 10/20/2005)

Oct. 20, 2005
49

CERTIFICATE OF SERVICE by all plaintiffs of Rule 26(a) Initial Disclosures filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S..(Mizell, Nicholas) (Entered: 10/21/2005)

Oct. 21, 2005
50

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 10/26/2005)

Oct. 26, 2005
51

CERTIFICATE OF SERVICE by all plaintiffs for Notice of 30(b)(6) Deposition filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S..(Mizell, Nicholas) (Entered: 11/08/2005)

Nov. 8, 2005
52

CERTIFICATE OF SERVICE by all plaintiffs for Plaintiffs' Requests for Production of Documents filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S..(Mizell, Nicholas) (Entered: 11/08/2005)

Nov. 8, 2005
54

SCHEDULING ORDER: Permanent injunction hearing set for 5/4/06 at 9 a.m. in Kansas City, MO, pretrial conf. set at 8:30 a.m. Discovery due by 2/1/2006.Dispositive Motions due by 2/1/2006. Signed by Judge Scott O. Wright on 11−9−05. (Morse, Judy) (Entered: 11/09/2005)

Nov. 9, 2005
55

Supplemental CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 11/10/2005)

Nov. 10, 2005
56

MAIL RETURNED as undeliverable. Mail sent to James Wilson. Returned with notation "No longer with Shook Hardy and Bacon, Return to Sender" (Related document(s) 53 , 54 ) (James, Carrie) (Entered: 11/29/2005)

Nov. 29, 2005
57

CERTIFICATE OF SERVICE by K. Gary Sherman filed by Gary L. Gardner on behalf of Defendant K. Gary Sherman.(Gardner, Gary) (Entered: 11/30/2005)

Nov. 30, 2005
58

CERTIFICATE OF SERVICE by Matt Blunt, K. Gary Sherman filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 11/30/2005)

Nov. 30, 2005
59

MOTION for judgment on the pleadings filed byGary L. Gardner on behalf of Matt Blunt Suggestions in opposition/response due by 12/15/2005 unless otherwise directed by the court (Gardner, Gary) (Entered: 11/30/2005)

Nov. 30, 2005
60

SUGGESTIONS in support re 59 MOTION for judgment on the pleadings filed by Gary L. Gardner on behalf of Defendant Matt Blunt. (Related document(s) 59 ) (Gardner, Gary) (Entered: 11/30/2005)

Nov. 30, 2005
61

NOTICE of filing by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S. Certificate of Service re Wiedemeier Expert Report (Burns−Bucklew, Loretta) (Entered: 12/09/2005)

Dec. 9, 2005
62

MOTION for extension of time to Respond to Motion for Judgment on Pleadings filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs Suggestions in opposition/response due by 12/27/2005 unless otherwise directed by the court (Burns−Bucklew, Loretta) (Entered: 12/09/2005)

Dec. 9, 2005
63

AMENDED MOTION for extension of time to Respond to Motion for Judgment on Pleadings filed by Loretta E. Burns−Bucklew on behalf of all plaintiffs. Suggestions in opposition/response due by 12/27/2005 unless otherwise directed by the court. (Related document 62 ) (Burns−Bucklew, Loretta) Modified on 12/12/2005 to indicate that the motion is an amended motion (Jones, Robin). (Entered: 12/09/2005)

Dec. 9, 2005

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on December 9, 2005 as MOTION to amend/correct Motion for Extension in response to Motion for Judgment on Pleadings. The docket text was corrected to read AMENDED MOTION for extension of time to Respond to Motion for Judgment on Pleadings . (Related Documents 62 63 ) This is a text entry only − no document is attached. (Jones, Robin) (Entered: 12/12/2005)

Dec. 12, 2005
64

ORDER dismissing as moot 62 motion for extension of time, granting 63 plaintiffs' motion to amend, granting plaintiffs' request for addt'l time, response due 12/16/05. Signed by Judge Scott O. Wright on 12−13−05. (Morse, Judy) (Entered: 12/13/2005)

Dec. 13, 2005
65

SUGGESTIONS in opposition re 59 MOTION for judgment on the pleadings Concerning Defendant Matt Blunt filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. Reply suggestions due by 1/2/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 59 ) (Mizell, Nicholas) (Entered: 12/16/2005)

Dec. 16, 2005
67

SUPPLEMENT Exhibit A (Attachment to Reply Suggestions in Support of Defendant Blunt's Motion for Judgment on the Pleadings. . (Related document(s) 59 ) (Gardner, Gary) (Entered: 12/28/2005)

Dec. 28, 2005
68

CERTIFICATE OF SERVICE by all plaintiffs for Plaintiffs' Second Set of Requests for Production filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S..(Mizell, Nicholas) (Entered: 12/30/2005)

Dec. 30, 2005
69

CERTIFICATE OF SERVICE by all plaintiffs for Plaintiffs' Second Set of Interrogatories filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S..(Mizell, Nicholas) (Entered: 12/30/2005)

Dec. 30, 2005
71

Joint MOTION to compel In Camera Inspection of Documents Withheld from Production on the Basis of the Deliberative Process Privilege filed byNicholas Patrick Mizell on behalf of all parties Suggestions in opposition/response due by 1/25/2006 unless otherwise directed by the court (Mizell, Nicholas) (Entered: 01/10/2006)

Jan. 10, 2006
72

SUGGESTIONS in opposition re 71 Joint MOTION to compel In Camera Inspection of Documents Withheld from Production on the Basis of the Deliberative Process Privilege filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman. Reply suggestions due by 1/27/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Related document(s) 71 ) (Gardner, Gary) (Entered: 01/12/2006)

Jan. 12, 2006
73

SUGGESTIONS in support re 71 Joint MOTION to compel In Camera Inspection of Documents Withheld from Production on the Basis of the Deliberative Process Privilege filed by Nicholas Patrick Mizell on behalf of Plaintiffs J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 # 5 Exhibit E)(Related document(s) 71 ) (Mizell, Nicholas) (Entered: 01/12/2006)

Jan. 12, 2006
75

NOTICE to take deposition of Jeanette Wiedemeier Bower filed by Gary L. Gardner on behalf of Defendant K. Gary Sherman.(Gardner, Gary) (Entered: 01/19/2006)

Jan. 19, 2006
76

ORDER rescheduling hearing for 4/27, 28, 2006 at 9 a.m. in KCMO. Signed by Judge Scott O. Wright on 1−19−06. (Morse, Judy) (Entered: 01/19/2006)

Jan. 19, 2006
77

Joint MOTION for extension of time to complete discovery filed byPamela Macer on behalf of all plaintiffs Suggestions in opposition/response due by 2/16/2006 unless otherwise directed by the court (Macer, Pamela) (Entered: 02/01/2006)

Feb. 1, 2006
78

CERTIFICATE OF SERVICE by Matt Blunt, K. Gary Sherman filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 02/01/2006)

Feb. 1, 2006
79

CERTIFICATE OF SERVICE by Matt Blunt, K. Gary Sherman filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 02/01/2006)

Feb. 1, 2006
80

ORDER granting 77 joint motion for extension of time to complete discovery DUE 3/1/06. Signed by Judge Scott O. Wright on 2−6−06. (Morse, Judy) (Entered: 02/06/2006)

Feb. 6, 2006
82

NOTICE of filing by Matt Blunt, K. Gary Sherman Joint Report Pursuant to Scheduling Order Regarding Settlement Discussions (Gardner, Gary) (Entered: 02/22/2006)

Feb. 22, 2006
83

Motion to allow Sara Bartosz to appear pro hac vice (Pro Hac fee $50 receipt number 236094) filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs (Burns−Bucklew, Loretta) (Entered: 03/10/2006)

March 10, 2006
84

Motion to allow Priy Sinha to appear pro hac vice (Pro Hac fee $50 receipt number 236094) filed byLoretta E. Burns−Bucklew on behalf of all plaintiffs (Burns−Bucklew, Loretta) (Entered: 03/10/2006)

March 10, 2006

ORDER granting 83 motion to appear pro hac vice approved by Clerk of Court. Attorney Michael Sara Bartosz for J.C. and J.L. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Unassigned on 3/13/06. (James, Carrie) (Entered: 03/13/2006)

March 13, 2006

ORDER granting 84 motion to appear pro hac vice approved by Clerk of Court. Attorney Priy Sinha for J.C. and J.L. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Unassigned on 3/13/06. (James, Carrie) (Entered: 03/13/2006)

March 13, 2006
85

CERTIFICATE OF SERVICE by Matt Blunt, K. Gary Sherman filed by Gary L. Gardner on behalf of Defendants Matt Blunt, K. Gary Sherman.(Gardner, Gary) (Entered: 03/14/2006)

March 14, 2006
86

DESIGNATION Defendant's Designation of Deposition Lines by K. Gary Sherman. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gardner, Gary) (Entered: 04/17/2006)

April 17, 2006
87

TRIAL BRIEF by K. Gary Sherman. (Gardner, Gary) (Entered: 04/17/2006)

April 17, 2006
88

PROPOSED FINDINGS OF FACT by K. Gary Sherman and Conclusions of Law, Order, and Judgment Denying Permanent Injunction . (Gardner, Gary) (Entered: 04/17/2006)

April 17, 2006
89

PROPOSED WITNESS LIST by K. Gary Sherman and Exhibit List; Permanent Injunction Hearing . (Gardner, Gary) (Entered: 04/17/2006)

April 17, 2006
90

DESIGNATION of Deposition Testimony by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Macer, Pamela) Additional attachment(s) added on 4/19/2006 (Beard, Melanie). Modified on 4/19/2006 to acknowledge receipt of exhibits in Clerk's Office (Beard, Melanie). (Entered: 04/17/2006)

April 17, 2006
91

PROPOSED WITNESS LIST by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Macer, Pamela) (Entered: 04/17/2006)

April 17, 2006
92

TRIAL BRIEF by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Macer, Pamela) Additional attachment(s) added on 4/20/2006 (Beard, Melanie). Modified on 4/20/2006 to replace and delete the main document, as it was filed in error (Beard, Melanie). (Entered: 04/17/2006)

April 17, 2006
93

PROPOSED FINDINGS OF FACT by J.C., J.L., T.G., B.G., A.G., W.S., M.S., D.S., M.P., A.C., J.A., E.C., T.J., A.J., A.E., N.S.. (Macer, Pamela) (Entered: 04/17/2006) Modified on 4/18/2006 − corrected event (Martinez, Alexandra). (Entered: 04/17/2006)

April 17, 2006

State / Territory: Missouri

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 15, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Abused and neglected children, currently or formerly in the custody of Missouri's foster care system, who have highly specialized medical, mental health or other special needs

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

Missouri Department of Social Services, 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.

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Classification / placement

Foster care (benefits, training)

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

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Benefit Source:

Adoption Assistance and Child Welfare Act

Aid to Families with Dependent Children (AFDC)

Medicaid