Case: Clark K. v. Guinn

2:06-cv-01068 | U.S. District Court for the District of Nevada

Filed Date: Aug. 30, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On August 30, 2006, a group of ten children in the Nevada foster system, seeking class action certification for all children in or at risk of entering the Clark County, NV foster system, filed this class-action lawsuit in U.S. District Court for the District of Nevada. The plaintiffs filed under 42 U.S.C. 1983, the Adoption Assistance and Child Welfare Act of 1980 (AACWA), the Child the Child Abuse Prevention and Treatment Act (CAPTA), the Medicaid Act, and state law. The plaintiffs sued a num…

On August 30, 2006, a group of ten children in the Nevada foster system, seeking class action certification for all children in or at risk of entering the Clark County, NV foster system, filed this class-action lawsuit in U.S. District Court for the District of Nevada. The plaintiffs filed under 42 U.S.C. 1983, the Adoption Assistance and Child Welfare Act of 1980 (AACWA), the Child the Child Abuse Prevention and Treatment Act (CAPTA), the Medicaid Act, and state law. The plaintiffs sued a number of parties, including the state of Nevada, the Nevada Department of Health and Human Services, the Nevada Bureau of Services for Child Care of the Division of Child and Family Services, the Clark County Department of Family Services, the Clark County Board of County Commissioners, and Clark County.

The plaintiffs, represented by the National Center for Youth Law and private counsel, asked the court to declare that the defendants had not met their obligations to children in the Clark County foster system, issue a permanent injunction against the foster system, provide for remedial relief to ensure that the defendants complied with their legal obligations toward foster children in the future, and award attorneys fees.

Under federal law, the plaintiffs alleged that Nevada had not placed children in quality placements that comply with national standards, had not provided safe settings that were most family-like, and had not provided adequate health and education records to foster parents or providers at the time of placement. The plaintiffs further alleged that Nevada violated CAPTA by not providing each abused or neglected child with a guardian ad litem in judicial proceedings, and violated the Medicaid Act by failing to provide mandatory Early and Periodic Screening, Diagnostic, and Treatment services so children would be diagnosed with health conditions and receive necessary treatment.

The plaintiffs further alleged that the Clark County foster system had violated substantive due process rights under the Fourteenth Amendment regarding protection from harm while in government custody, right to living environments that protect safety, and other causes. Major causes of action under state law included placing children for extended periods of time in a group facility that was overcrowded and unlicensed, leaving children in dangerous placements with inadequate supervision, and putting children back in homes where they had been harmed.

On September 29, 2006, the Department of Health and Human Services and the Division of Child and Family Services filed a motion to dismiss. On December 11, 2006, the governor of Arizona also filed a motion to dismiss. On January 3, 2007, the Clark County defendants also filed a motion to dismiss.

On May 14, 2007, the District Court (Judge Robert C. Jones) granted the governor's motion to dismiss and dismissed the State of Nevada and the Department of Family Services from the action. The court held that there was not enough of a connection between the office of the Governor and the harms to foster children, so the court dismissed the plaintiffs' claims against the Governor as the representative of the State of Nevada. The court denied the motion to dismiss by the Department of Health and Human Services and the Division of Child and Family Services. The court also granted in part and denied in part the motion to dismiss by the Clark County defendants. The order upheld the plaintiffs' federal claims based on The Federal Adoption Assistance Act with respect to timely case plans, health and educational records, and notice of hearings, CAPTA with respect to providing guardians ad litem, screening and treatment requirements of the Medicaid Act. The court also deferred ruling on class certification. 2007 WL 1435428.

On June 14, 2007, the plaintiffs filed the second amended complaint seeking class action certification on behalf of children in or at risk of entering the Clark County foster system against the above-named parties, excluding the governor, State of Nevada, and Department of Family Services. The plaintiffs alleged violations under the Adoption Assistance and Child Welfare Act, CAPTA, the Medicaid Act, and state law, and asked for declaratory and injunctive relief.

On September 4, 2007, Judge Jones granted defendant's motion to dismiss plaintiffs' claims under § 1983 that Nevada had failed to enforce state statutes providing for the plaintiff's welfare, noting that even if state law says a service is mandatory, that is not a constitutionally protected interest. Judge Jones also dismissed plaintiff's claim that by failing to follow to its state plan under CAPTA and the Adoption Assistance Act, the state programs using federal funding breached a contract with the federal government. The court noted that while plaintiffs may be third-party beneficiaries to the state plan agreement, they have failed to establish that agreements are contracts. 616 F. Supp. 2d 1038.

On March 12, 2008, Judge Robert Johnston, the magistrate judge, ordered the defendants to disclose plaintiffs' foster system case files to plaintiffs' attorneys for the purposes of the trial. The court required the parties to enter a protective order to maintain the privacy of the case file information, and determined that the county was not required to provide documents that were not in its possession as part of discovery.

On March 28, 2008, the plaintiffs renewed their motion for class certification. On July 10, 2008, Judge Jones issued an order dismissing the motion, which said that the plaintiffs had enough members to make a class (numerosity), but did not show enough commonality of interest, typicality of plaintiff type, or meet the adequacy of representation requirement by showing sufficient evidence of a pattern or practice of systemwide violations. The plaintiffs appealed this decision on class certification to the Ninth Circuit.

On October 24, 2008, Judge Jones denied the defendant's motion for reconsideration of the magistrate judge's order allowing discovery to include non-privileged information in the case files of children who have been abused, neglected, or died while in custody of Clark County. Judge Jones stated that this information was appropriate for the plaintiffs to have in the process of trying to certify the class.

On October 27, 2009, the parties jointly moved for dismissal with prejudice and withdrew all motions and appeals, including the pending appeal with the Ninth Circuit for class certification. The plaintiffs and defendants agreed each would pay its own attorney fees and costs. The foster children plaintiffs had all aged out of the system or were adopted. This has been a challenge for attempts to reform the foster system in Nevada through litigation, as cases are often challenged by lengthy delays in proceedings.

Summary Authors

Kate Craddock (11/23/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6033608/parties/clark-k-v-kenny-c-guinn/


Judge(s)
Attorney for Plaintiff

Alverson, J. Bruce (Nevada)

Ancar, Katina (California)

Danis, Mark Wilmot (California)

Attorney for Defendant

Anderson, Linda C. (Nevada)

Blum, Jonathan D. (Nevada)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:06-cv-01068

Docket [PACER]

Clark K. v. Guinn

Oct. 27, 2009

Oct. 27, 2009

Docket
1

2:06-cv-01068

Complaint

Clark K. v Guinn

Aug. 30, 2006

Aug. 30, 2006

Complaint
57

2:06-cv-01068

First Amended Complaint (Class Action Alleged)

Oct. 19, 2006

Oct. 19, 2006

Complaint
74

2:06-cv-01068

Plaintiffs' Motion for Class Certification and Memorandum of Points and Authorities in Support of Motion

Nov. 21, 2006

Nov. 21, 2006

Pleading / Motion / Brief
134

2:06-cv-01068

Order

May 14, 2007

May 14, 2007

Order/Opinion

2007 WL 1435428

142

2:06-cv-01068

Second Amended Complaint (Class Action Alleged)

June 14, 2007

June 14, 2007

Complaint
161

2:06-cv-01068

Order

Clark K. v. Willden

Sept. 4, 2007

Sept. 4, 2007

Order/Opinion

616 F.Supp.2d 1038

186

2:06-cv-01068

Order

March 12, 2008

March 12, 2008

Order/Opinion
195

2:06-cv-01068

Plaintiffs' Notice of Motion, Motion and Memorandum of Points of Authorities in Support of Renewed Motion for Class Certification

Clark K. v. Willden

March 28, 2008

March 28, 2008

Pleading / Motion / Brief
243

2:06-cv-01068

Order Denying Plaintiffs' Renewed Motion for Class Certification

Clark K. v. Willden

July 10, 2008

July 10, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6033608/clark-k-v-kenny-c-guinn/

Last updated Nov. 3, 2026, 12:53 a.m.

Docket for: Clark K. v. Kenny C. Guinn
ECF Number Date Description Link
1 Aug. 30, 2006

COMPLAINT against all defendants (Filing fee $ 350, receipt 327303), filed by Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. Certificate of Interested Parties due by 9/9/2006. (Attachments: # 1 Civil Cover Sheet # 2 Summons)(MAJ) (Entered: 08/30/2006)

RECAP
Aug. 30, 2006

Case assigned to Judge Robert C. Jones and Robert J. Johnston. (GEW)

2 Sept. 1, 2006

PROPOSED SUMMONS to be issued Atkinson-Gates, filed by Plaintiff King A.. (Wolfenzon, Bruno) (Entered: 09/01/2006)

RECAP
3 Sept. 1, 2006

PROPOSED SUMMONS to be issued Boggs-McDonald, filed by Plaintiff King A.. (Wolfenzon, Bruno) (Entered: 09/01/2006)

RECAP
4 Sept. 1, 2006

PROPOSED SUMMONS to be issued Summons for remaining Defendants, filed by Plaintiff King A.. (Attachments: # 1 Summons Multiple summons# 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Wolfenzon, Bruno) (Entered: 09/01/2006)

RECAP
5 Sept. 5, 2006

SUMMONS Issued as to Yvonne Atkinson-Gates. (MJZ) (Entered: 09/05/2006)

RECAP
6 Sept. 5, 2006

SUMMONS Issued as to Lynette Boggs McDonald. (MJZ) (Entered: 09/05/2006)

RECAP
7 Sept. 5, 2006

SUMMONS Issued as to Clark County. (MJZ) (Entered: 09/05/2006)

RECAP
8 Sept. 5, 2006

SUMMONS Issued as to Tom Collins. (MJZ) (Entered: 09/05/2006)

RECAP
9 Sept. 5, 2006

SUMMONS Issued as to Kenny Guinn. (MJZ) (Entered: 09/05/2006)

RECAP
10 Sept. 5, 2006

SUMMONS Issued as to Paula A. Hawkins. (MJZ) (Entered: 09/05/2006)

RECAP
11 Sept. 5, 2006

SUMMONS Issued as to Chip Maxfield. (MJZ) (Entered: 09/05/2006)

RECAP
12 Sept. 5, 2006

SUMMONS Issued as to Tom Morton. (MJZ) (Entered: 09/05/2006)

RECAP
13 Sept. 5, 2006

SUMMONS Issued as to Louis Palma. (MJZ) (Entered: 09/05/2006)

RECAP
14 Sept. 5, 2006

SUMMONS Issued as to Rory Reid. (MJZ) (Entered: 09/05/2006)

RECAP
15 Sept. 5, 2006

SUMMONS Issued as to Fernando Serrano. (MJZ) (Entered: 09/05/2006)

RECAP
16 Sept. 5, 2006

SUMMONS Issued as to Virginia Valentine. (MJZ) (Entered: 09/05/2006)

RECAP
17 Sept. 5, 2006

SUMMONS Issued as to Michael Willden. (MJZ) (Entered: 09/05/2006)

RECAP
18 Sept. 5, 2006

SUMMONS Issued as to Myrna Williams. (MJZ) (Entered: 09/05/2006)

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19 Sept. 8, 2006

CERTIFICATE of Interested Parties Plaintiffs Certificate of Interested Parties by Plaintiff Clark K.. (Wolfenzon, Bruno) (Entered: 09/08/2006)

RECAP
20 Sept. 8, 2006

PROPOSED SUMMONS to be issued Proposed Summons for Bruce Woodbury, filed by Plaintiff Clark K.. (Wolfenzon, Bruno) (Entered: 09/08/2006)

RECAP
21 Sept. 8, 2006

PROPOSED SUMMONS to be issued Proposed Summons for Clark Co. Dept of Family Services, filed by Plaintiff Clark K.. (Wolfenzon, Bruno) (Entered: 09/08/2006)

RECAP
22 Sept. 11, 2006

SUMMONS Issued as to Bruce Woodbury. (MJZ) (Entered: 09/11/2006)

RECAP
23 Sept. 11, 2006

SUMMONS Issued as to Clark County Dept. of Family Services. (MJZ) (Entered: 09/11/2006)

RECAP
24 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Chip Maxfield. Chip Maxfield accepted service on 9/11/2006, answer due 11/10/2006. Afft of Service Maxfield (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
25 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Clark County. Clark County accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Clark Co. (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
26 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Tom Morton. Tom Morton accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Morton (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
27 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Louis Palma. Louis Palma accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Palma (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
28 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Myrna Williams. Myrna Williams accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Williams (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
29 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Yvonne Atkinson-Gates. Yvonne Atkinson-Gates accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Gates (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
30 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Rory Reid. Rory Reid accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Reid (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
31 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Lynette Boggs McDonald. Lynette Boggs McDonald accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc McDonald (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
32 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Tom Collins. Tom Collins accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Collins (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
33 Sept. 15, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Virginia Valentine. Virginia Valentine accepted service on 9/11/2006, answer due 11/10/2006. Afft of Srvc Valentine (Wolfenzon, Bruno) (Entered: 09/15/2006)

RECAP
34 Sept. 19, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Tom Morton. Tom Morton accepted service on 9/12/2006, answer due 11/11/2006. Acceptance of Service-Morton (Wolfenzon, Bruno) (Entered: 09/19/2006)

RECAP
35 Sept. 19, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Louis Palma. Louis Palma accepted service on 9/12/2006, answer due 11/11/2006. Acceptance of Service-Palma (Wolfenzon, Bruno) (Entered: 09/19/2006)

RECAP
36 Sept. 19, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Virginia Valentine. Virginia Valentine accepted service on 9/12/2006, answer due 11/11/2006. Acceptance of Service-Valentine (Wolfenzon, Bruno) (Entered: 09/19/2006)

RECAP
37 Sept. 19, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Bruce Woodbury. Bruce Woodbury accepted service on 9/12/2006, answer due 11/11/2006. Afft of Service-Woodbury (Wolfenzon, Bruno) (Entered: 09/19/2006)

RECAP
38 Sept. 19, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Clark County Dept. of Family Services. Clark County Dept. of Family Services accepted service on 9/12/2006, answer due 11/11/2006. Afft of Service-Clark Co Dept Fam Srvcs (Wolfenzon, Bruno) (Entered: 09/19/2006)

RECAP
39 Sept. 20, 2006

First VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Bryn Martyna, (Filing fee $ 175 receipt number 352237) by Plaintiff Clark K.. (Attachments: # 1 Supplement Designation of Resident Attorney)(Wolfenzon, Bruno) (Entered: 09/20/2006)

RECAP
40 Sept. 20, 2006

Second VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Leecia Welch, (Filing fee $ 175 receipt number 352244) by Plaintiff Clark K.. (Attachments: # 1 Supplement Designation of Resident Attorney)(Wolfenzon, Bruno) (Entered: 09/20/2006)

RECAP
41 Sept. 20, 2006

Third VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney William Grimm, (Filing fee $ 175 receipt number 352247) by Plaintiff Clark K.. (Attachments: # 1 Supplement Designation of Resident Attorney)(Wolfenzon, Bruno) (Entered: 09/20/2006)

RECAP
42 Sept. 26, 2006

ORDER granting 39 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Bryn Martyna for Toni Unknown and Summer Unknown. Signed by Judge Robert C. Jones on 9/22/06. (AXM) (Entered: 09/26/2006)

RECAP
43 Sept. 26, 2006

DESIGNATION of Local Counsel 39 is APPROVED for Wolfenzon, Bruno). Signed by Lance S Wilson on 9/26/06. (AXM) (Entered: 09/26/2006)

RECAP
44 Sept. 26, 2006

ORDER granting 40 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Leecia Welch for Toni Unknown and Summer Unknown. Signed by Judge Robert C. Jones on 9/22/06. (AXM) (Entered: 09/26/2006)

RECAP
45 Sept. 26, 2006

DESIGNATION of Local Counsel 40 is APPROVED for (Wolfenzon, Bruno). Signed by Lance S Wilson on 9/26/06. (AXM) (Entered: 09/26/2006)

RECAP
46 Sept. 26, 2006

ORDER granting 41 Verified Petition for Permission to Practice Pro Hac Vice for Attorney William Grimm for Toni Unknown and Summer Unknown. Signed by Judge Robert C. Jones on 9/22/06. (AXM) (Entered: 09/26/2006)

RECAP
47 Sept. 26, 2006

DESIGNATION of Local Counsel 41 is APPROVED for Wolfenzon, Bruno. Signed by Lance S Wilson on 9/26/06. (AXM) (Entered: 09/26/2006)

RECAP
48 Sept. 29, 2006

MOTION to Dismiss or in the alternative, motion for more definite statement by Defendants Michael Willden, Fernando Serrano, Paula A. Hawkins. Responses due by 10/17/2006. (Anderson, Linda) (Entered: 09/29/2006)

RECAP
49 Oct. 6, 2006

MOTION to Dismiss by Defendant Kenny Guinn. Responses due by 10/24/2006. (Geinzer, Martina) (Entered: 10/06/2006)

RECAP
50 Oct. 6, 2006

CERTIFICATE OF SERVICE by Defendant Kenny Guinn re 49 MOTION to Dismiss. (Geinzer, Martina) (Entered: 10/06/2006)

RECAP
51 Oct. 16, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Kenny Guinn. Kenny Guinn accepted service on 9/12/2006, answer due 11/11/2006. Affidavit of Service-Guinn (Wolfenzon, Bruno) (Entered: 10/16/2006)

RECAP
52 Oct. 16, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Paula A. Hawkins. Paula A. Hawkins accepted service on 9/12/2006, answer due 11/11/2006. Affidavit of Service-Hawkins (Wolfenzon, Bruno) (Entered: 10/16/2006)

RECAP
53 Oct. 16, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Fernando Serrano. Fernando Serrano accepted service on 9/12/2006, answer due 11/11/2006. Affidavit of Service-Serrano (Wolfenzon, Bruno) (Entered: 10/16/2006)

RECAP
54 Oct. 16, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiff Clark K., Defendant Michael Willden. Michael Willden accepted service on 9/12/2006, answer due 11/11/2006. Affidavit of Service-Willden (Wolfenzon, Bruno) (Entered: 10/16/2006)

RECAP
55 Oct. 16, 2006

First VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Katina Ancar, (Filing fee $ 175 receipt number 373775) by Plaintiff Clark K.. (Attachments: # 1 Supplement Designation of Resident Attorney)(Wolfenzon, Bruno) (Entered: 10/16/2006)

RECAP
56 Oct. 17, 2006

RESPONSE to 48 MOTION to Dismiss or in the alternative, motion for more definite statement; filed by Plaintiff Clark K.. Opposition to Motion to Dismiss etc Replies due by 10/31/2006. (Wolfenzon, Bruno) (Entered: 10/17/2006)

RECAP
57 Oct. 19, 2006

AMENDED COMPLAINT First Amended Complaint against all defendants, filed by Clark K.. (Attachments: # 1 Supplement 1st Amended Cmplt 2 of 8# 2 Supplement 1st Amended Cmplt 3 of 8# 3 Supplement 1st Amended Complt Part 4 of 8# 4 Supplement 1st Amended Complt Part 5 of 8# 5 Supplement 1st Amended Complt Part 6 of 8# 6 Supplement 1st Amended Complaint Part 7 of 8# 7 Supplement 1st Amended Complt Part 8 of 8)(Wolfenzon, Bruno) (Entered: 10/19/2006)

RECAP
58 Oct. 24, 2006

RESPONSE to 49 MOTION to Dismiss; filed by Plaintiff Clark K.. Replies due by 11/7/2006. (Wolfenzon, Bruno) (Entered: 10/24/2006)

RECAP
59 Oct. 25, 2006

RESPONSE to 55 First VERIFIED PETITION for Permission to Practice Pro Hac Vice submitted by attorney Katina Ancar, (Filing fee $ 175 receipt number 373775); filed by Defendant Kenny Guinn. Replies due by 11/8/2006. (Geinzer, Martina) (Entered: 10/25/2006)

RECAP
62 Oct. 30, 2006

ORDER granting 55 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Katina Ancar for Plaintiffs. Signed by Judge Robert C. Jones on 10/30/06. (MMM) (Entered: 11/01/2006)

RECAP
60 Oct. 31, 2006

ERROR: Wrong event selected. (MJZ) (Entered: 10/31/2006)

RECAP
61 Oct. 31, 2006

REPLY to Response to 48 MOTION to Dismiss or in the alternative, motion for more definite statement; filed by Defendant Michael Willden. Fernando Serrano, Paula Hawkins (Anderson, Linda) (Entered: 10/31/2006)

RECAP
63 Nov. 2, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan, Defendants Kenny Guinn. Kenny Guinn accepted service on 10/25/2006, answer due 12/24/2006. (Wolfenzon, Bruno) Party Accepting Service Modified on 11/2/2006 (MJZ). (Entered: 11/02/2006)

RECAP
64 Nov. 2, 2006

DESIGNATION of Local Counsel Admitted to the Bar of this Court and Consent Thereto by Katina Ancar on behalf of Plaintiff Clark K.. (Ancar, Katina) (Entered: 11/02/2006)

RECAP
65 Nov. 7, 2006

MOTION Clarification and Motion for Enlargment of Time and Affidavit of Martina Geinzer by Defendant Kenny Guinn. Responses due by 11/25/2006. (Geinzer, Martina) (Entered: 11/07/2006)

RECAP
66 Nov. 8, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan, Defendant Kenny Guinn. Kenny Guinn accepted service on 10/25/2006, answer due 1/1/2007. (Wolfenzon, Bruno) (Entered: 11/08/2006)

RECAP
67 Nov. 8, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan, Defendants Michael Willden, Fernando Serrano. Michael Willden accepted service on 10/25/2006, answer due 12/24/2006; Fernando Serrano accepted service on 10/25/2006, answer due 12/24/2006. (Wolfenzon, Bruno) (Entered: 11/08/2006)

RECAP
68 Nov. 8, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan, Defendants Virginia Valentine, Clark County Dept. of Family Services, Tom Morton, Louis Palma, Tom Collins, Chip Maxfield, Yvonne Atkinson-Gates, Lynette Boggs McDonald, Rory Reid, Clark County. Virginia Valentine accepted service on 11/1/2006, answer due 12/31/2006; Clark County Dept. of Family Services accepted service on 11/1/2006, answer due 12/31/2006; Tom Morton accepted service on 11/1/2006, answer due 12/31/2006; Louis Palma accepted service on 11/1/2006, answer due 12/31/2006; Tom Collins accepted service on 11/1/2006, answer due 12/31/2006; Chip Maxfield accepted service on 11/1/2006, answer due 12/31/2006; Yvonne Atkinson-Gates accepted service on 11/1/2006, answer due 12/31/2006; Lynette Boggs McDonald accepted service on 11/1/2006, answer due 12/31/2006; Rory Reid accepted service on 11/1/2006, answer due 12/31/2006; Clark County accepted service on 11/1/2006, answer due 12/31/2006. (Wolfenzon, Bruno) (Entered: 11/08/2006)

RECAP
69 Nov. 8, 2006

ACCEPTANCE OF SERVICE Executed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan, Defendant Paula A. Hawkins. Paula A. Hawkins accepted service on 10/25/2006, answer due 12/24/2006. (Wolfenzon, Bruno) (Entered: 11/08/2006)

RECAP
70 Nov. 13, 2006

MOTION for Protective Order Motion for Protection from Disclosure of Confidential Information and Joinder in Defendant Governor Kenny Guinn's Motion for Clarification and Motion for Enlargement of Time by Defendants Virginia Valentine, Clark County Dept. of Family Services, Tom Morton, Louis Palma, Bruce Woodbury, Tom Collins, Chip Maxfield, Yvonne Atkinson-Gates, Myrna Williams, Lynette Boggs McDonald, Rory Reid, Clark County. (Foley, Margaret) (Entered: 11/13/2006)

RECAP
71 Nov. 17, 2006

MINUTE ORDER IN CHAMBERS of the Honorable Robert J. Johnston, U.S. Magistrate Judge on 11/17/2006. By Judicial Assistant: MXS. The parties are advised that the Court has shortened the response time to: 70 MOTION for Protective Order Motion for Protection from Disclosure of Confidential Information and Joinder in Defendant Governor Kenny Guinn's Motion for Clarification and Motion for Enlargement of Time. A response shall be filed to said motion on or before 12 noon 11/21/2006.(no image attached) (MXS ) (Entered: 11/17/2006)

RECAP
72 Nov. 21, 2006

RESPONSE to 70 MOTION for Protective Order Motion for Protection from Disclosure of Confidential Information and Joinder in Defendant Governor Kenny Guinn's Motion for Clarification and Motion for Enlargement of Time; filed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. Plaintiffs' Opposition to County Defendants' Motion for Protection From Disclosure of Confidential Information (Ancar, Katina) (Entered: 11/21/2006)

RECAP
73 Nov. 21, 2006

DECLARATION of Leecia Welch re 72 Response to Motion for Protective Order,, ; Declaration of Leecia Welch in Support of Plaintiffs' Opposition to County Defendants' Motion for Protection by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Ancar, Katina) (Entered: 11/21/2006)

RECAP
74 Nov. 21, 2006

MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion by Plaintiff Clark K.. Responses due by 12/9/2006. (Ancar, Katina) (Entered: 11/21/2006)

RECAP
75 Nov. 21, 2006

DECLARATION of Katina Ancar In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Clark K.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Ancar, Katina) (Entered: 11/21/2006)

RECAP
76 Nov. 21, 2006

DECLARATION of William Grimm In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Clark K.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ancar, Katina) (Entered: 11/21/2006)

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77 Nov. 21, 2006

DECLARATION of Gregory M. Schulman In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Clark K.. (Attachments: # 1 Exhibit A)(Ancar, Katina) (Entered: 11/21/2006)

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78 Nov. 21, 2006

DECLARATION of Clark K. In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Clark K.. (Attachments: # 1 Clark K. Signature)(Ancar, Katina) (Entered: 11/21/2006)

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79 Nov. 21, 2006

DECLARATION of Marilyn Paikai In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Marilyn Paikai. (Attachments: # 1 M. Paikai Signature)(Ancar, Katina) (Entered: 11/21/2006)

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80 Nov. 21, 2006

DECLARATION of Jacquelyn Romero In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Jacquelyn Romero. (Attachments: # 1 J. Romero Signature)(Ancar, Katina) (Entered: 11/21/2006)

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81 Nov. 21, 2006

Submission of PROPOSED ORDER on 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Clark K.. (Ancar, Katina) (Entered: 11/21/2006)

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82 Nov. 21, 2006

DECLARATION of Tarrah Logan In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Tarrah Logan. (Ancar, Katina) (Entered: 11/21/2006)

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83 Nov. 22, 2006

RESPONSE to 65 MOTION Clarification and Motion for Enlargment of Time and Affidavit of Martina Geinzer; filed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. [First Request] (Ancar, Katina) (Entered: 11/22/2006)

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84 Nov. 23, 2006

MINUTE ORDER IN CHAMBERS of the Honorable Robert J. Johnston, U.S. Magistrate Judge on 11/23/2006. By Judicial Assistant: MXS. RE: 70 MOTION for Protective Order Motion for Protection from Disclosure of Confidential Information and Joinder in Defendant Governor Kenny Guinn's Motion for Clarification and Motion for Enlargement of Time Motion Hearing by telephone conference call set for 11/29/2006 01:30 PM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston. The Court will initiate the call.(no image attached) (MXS ) (Entered: 11/23/2006)

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85 Nov. 28, 2006

NOTICE of Hearing on 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion, 65 MOTION Clarification and Motion for Enlargment of Time and Affidavit of Martina Geinzer, 49 MOTION to Dismiss, 48 MOTION to Dismiss or in the alternative, motion for more definite statement: Oral argument on the referenced motions is set for 1/8/2007 @ 09:00 AM in LV, NV, Courtroom 7D, before Judge Robert C. Jones. (no image attached)(BJP, ) (Entered: 11/28/2006)

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86 Nov. 28, 2006

REPLY to Response to 65 MOTION Clarification and Motion for Enlargment of Time and Affidavit of Martina Geinzer; filed by Defendant Kenny Guinn. (Geinzer, Martina) (Entered: 11/28/2006)

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87 Nov. 30, 2006

MINUTES OF PROCEEDINGS - Motion Hearing held on 11/29/2006 before Judge Robert J. Johnston. Crtrm Administrator: K. Goetsch; Pla Counsel: Bruno Wolfenzon; William Grimm; and Leecia Welch; Def Counsel: Linda Anderson; Margaret Foley; Gloria Sturman; and Martina Geinzer; Court Reporter/FTR #: 1:43-2:12; Time of Hearing: 1:30pm. All parties are present telephonically. RE: 65 MOTION Clarification and Motion for Enlargment of Time and Affidavit of Martina Geinzer filed by Kenny Guinn,, 49 MOTION to Dismiss filed by Kenny Guinn, 70 MOTION for Protective Order Motion for Protection from Disclosure of Confidential Information and Joinder in Defendant Governor Kenny Guinn's Motion for Clarification and Motion for Enlargement of Time filed by Bruce Woodbury, Chip Maxfield, Myrna Williams, Virginia Valentine, Yvonne Atkinson-Gates, Clark County, Rory Reid, Tom Collins, Lynette Boggs McDonald, Clark County Dept. of Family Services, Tom Morton, Louis Palma. The Court makes inquiry and hears representations of counsel. IT IS ORDERED the Motion for Protection from Disclosure of Confidential Information [#70] is DENIED as prematurely filed without any attempt to meet and confer between and among counsel to resolve the discovery issue. IT IS FURTHER ORDERED that the Motion to Dismiss by Kenny Guinn [#49] is deemed WITHDRAWN. The deadline for filing of a new motion to dismiss by this defendant with respect to the First Amended Complaint is 12/11/2006. The standard briefing schedule shall apply. IT IS FURTHER ORDERED the Motion for Clarification and Motion for Enlargement of Time [#65] is GRANTED in part to the following extent: The Motion for Clarification is GRANTED to the extent the Court considered the motion at today's hearing and ruled on the outstanding procedural issues. Further, the Motion for Enlargement of Time is MOOT pursuant to the record as set forth at today's proceedings.(no image attached) (KXG, ) Modified on to correct hearing date 11/30/2006 (GEW). (Entered: 11/30/2006)

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88 Dec. 5, 2006

MINUTE ORDER IN CHAMBERS of the Honorable Robert C. Jones, U.S. District Judge on 12/5/2006. By Deputy Clerk: B. J. Price. Due to the Magistrate Judge's ruling, the time set for oral argument on Defendant Governor Kenny Guinn's Motion to Dismiss (#49) and the Motion for Clarification and Motion for Enlargement of Time (#65) set for 1/8/07 @ 9:00 a.m. is vacated as to these motions. (no image attached) (BJP, ) (Entered: 12/05/2006)

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89 Dec. 8, 2006

Amended DECLARATION of Tarrah Logan In Support Of Plaintiffs' Motion For Class Certification re 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiff Tarrah Logan. (Attachments: # 1 Exhibit A)(Ancar, Katina) (Entered: 12/08/2006)

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90 Dec. 8, 2006

RESPONSE to 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Defendants Virginia Valentine, Clark County Dept. of Family Services, Tom Morton, Louis Palma, Bruce Woodbury, Tom Collins, Chip Maxfield, Yvonne Atkinson-Gates, Myrna Williams, Lynette Boggs McDonald, Rory Reid, Clark County. Clark County Defendants' Opposition to Plaintiffs' Motion for Class Certification Replies due by 12/22/2006. (Sturman, Gloria) (Entered: 12/08/2006)

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92 Dec. 11, 2006

RESPONSE to 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Defendants Michael Willden, Fernando Serrano, Paula A. Hawkins. Replies due by 12/25/2006. (Anderson, Linda) (Entered: 12/11/2006)

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93 Dec. 11, 2006

RESPONSE to 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Defendant Kenny Guinn. Replies due by 12/25/2006. (Geinzer, Martina) (Entered: 12/11/2006)

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94 Dec. 11, 2006

JOINDER to 90 Response to Motion to Certify Class, ; Joinder to Clark County's Motion for Class Certification filed by Defendant Kenny Guinn. (Geinzer, Martina) (Entered: 12/11/2006)

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95 Dec. 11, 2006

MOTION to Dismiss Plaintiffs' First Amended Complaint by Defendant Kenny Guinn. Responses due by 12/29/2006. (Geinzer, Martina) (Entered: 12/11/2006)

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96 Dec. 15, 2006

RESPONSE to 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Defendants Virginia Valentine, Clark County Dept. of Family Services, Tom Morton, Louis Palma, Bruce Woodbury, Tom Collins, Chip Maxfield, Yvonne Atkinson-Gates, Myrna Williams, Lynette Boggs McDonald, Rory Reid, Clark County. Certificate of Service of Affidavit of Margaret Foley Regarding Alleged Next Friends (Filed Under Seal) Replies due by 12/29/2006. (Foley, Margaret) (Entered: 12/15/2006)

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97 Dec. 20, 2006

NOTICE of Hearing on 95 MOTION to Dismiss Plaintiffs' First Amended Complaint:Oral argument on the referenced motion is set for 1/8/2007 @ 09:00 AM in LV, NV, Courtroom 7D, before Judge Robert C. Jones. (no image attached)(BJP, ) (Entered: 12/20/2006)

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98 Dec. 22, 2006

REPLY to Response to 74 MOTION to Certify Class and Memorandum of Points and Authorities In Support Of Motion; filed by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. (Ancar, Katina) (Entered: 12/22/2006)

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99 Dec. 22, 2006

DECLARATION of Katina Ancar re 98 Reply to Response to Motion, ; by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Ancar, Katina) (Entered: 12/22/2006)

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100 Dec. 22, 2006

DECLARATION of Donna Coleman re 98 Reply to Response to Motion, ; by Plaintiffs Toni Unknown, Summer Unknown, Frank B., Marilyn Paikai, Donna C., Jacquelyn Romero, Clark K., Sherry Anderson, Jalen Unknown, Sia Unknown, Roshaun Unknown, Caleb Unknown, King A., Tarrah Logan. (Ancar, Katina) (Entered: 12/22/2006)

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Case Details

State / Territory:

Nevada

Case Type(s):

Child Welfare

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 30, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are children in the foster system in Clark County, NV.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Clark County

Clark County Board of County Commissioners

Clark County Department of Family Services

State

Bureau of Services for Child Care of the Division of Child and Family Services

Nevada Department of Health and Human Services

State of Nevada

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.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

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

State law

Constitutional Clause(s):

Due Process

Other Dockets:

District of Nevada 2:06-cv-01068

District of Nevada 2:10-cv-00528

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Education

Failure to supervise

Failure to train

Foster care (benefits, training)

Juveniles

Pattern or Practice

Sanitation / living conditions

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Totality of conditions

Benefits (Source):

Adoption Assistance and Child Welfare Act

Medicaid

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general

Recommended Citation