Case: B.K. v. McKay

2:15-cv-00185 | U.S. District Court for the District of Arizona

Filed Date: Feb. 3, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 3, 2015, minors in the custody of the Arizona foster care system filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Department of Child Safety, the Arizona Department of Health Services, and the Arizona Health Care Cost Containment System under 42 U.S.C. § 1983 and Title XIX of the Social Security Act (42 U.S.C. § 1396). The plaintiffs, represented by Children’s Rights, Inc., the Arizona Center for Law in the Public In…

On February 3, 2015, minors in the custody of the Arizona foster care system filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Department of Child Safety, the Arizona Department of Health Services, and the Arizona Health Care Cost Containment System under 42 U.S.C. § 1983 and Title XIX of the Social Security Act (42 U.S.C. § 1396). The plaintiffs, represented by Children’s Rights, Inc., the Arizona Center for Law in the Public Interest, and private counsel, sought class certification and both declaratory and injunctive relief. The plaintiffs claimed that the defendants had violated their First, Ninth, and Fourteenth Amendment rights, and provisions of the Medicaid Act. Specifically, the plaintiffs claimed that certain child welfare policies and practices exposed them to physical and emotional harm and unreasonable risk of harm while in the State’s care.

Over the past several years, Arizona had experienced a dramatic increase in the number of children in state foster care, nearly doubling from 2003 to 2012. The plaintiffs alleged that this growth had been fueled by extensive state budget cuts to important support services that had previously helped keep families together. The plaintiffs alleged that these cuts resulted in problematic policies and institutional issues in Arizona, including: a severe shortage of physical, mental, and behavioral health services available to children in state care; a widespread failure to conduct timely investigations of reports that children have been maltreated while in state custody; and severe and sustained shortage of family foster homes. Allegedly, there was also a widespread failure to engage in basic child welfare practices aimed at maintaining family relationships, such as placing siblings together, placing children with their biological parents on a trial reunification basis, coordinating visits between children and their biological families, and having caseworkers make regular visits with the children’s biological parents to monitor progress toward family reunification. Due to these problems, children were frequently placed far from their home communities, forced to change schools, separated from their siblings, and did not receive the mental and physical health care that they required.

On September 29, 2015, Judge Roslyn O. Silver denied the defendants’ motion to abstain and dismiss due to lack of subject matter jurisdiction. 156 F. Supp. 3d 1024. On May 13, 2016, the Court ordered that one of the three next of friends (in this case, a person who represents a minor unable to maintain a lawsuit on his or her own behalf) be dismissed because they were ineligible to be a next friend. 2016 WL 8200450.

After two years of continuous discovery disputes and scheduling delays, Judge Roslyn O. Silver granted class certification for the plaintiffs on September 30, 2017. The class was defined in three parts as:

"General Class: All children who are or will be in the legal custody of DCS due to a report or suspicion of abuse or neglect. Non-Kinship Subclass: All members in the General Class who are not placed in the care of an adult relative or person who has a significant relationship with the child. Medicaid Subclass: All members of the General Class who are entitled to early and periodic screening, diagnostic, and treatment services under the federal Medicaid statute."

The defendants appealed to the United States Court of Appeals for the Ninth Circuit, and on December 19, 2017, the Ninth Circuit granted the right to appeal the class certification issued on September 30, 2017.

On January 3, 2018, the defendants moved to stay further action in the case while the class action appeal was decided by the Ninth Circuit. The defendants argued that the District Court proceedings should be stayed because discovery for the class action was time intensive and expensive, and the deadlines for dispositive motions in the District Court conflicted with deadlines in the Court of Appeals. The plaintiffs argued that an indefinite stay would cause irreparable harm to children in foster care.

On February 13, 2018, Judge Silver denied without prejudice the defendants’ motion to stay, finding that the defendants were unlikely to succeed on the merits. However, on February 27, 2018, the Ninth Circuit Court of Appeals granted a motion to stay pending the decision on the class certification.

On June 4, 2018, one of the plaintiffs filed a handwritten motion for leave to file a supplemental complaint, requesting the certification of an additional subclass called “Plaintiffs with Mental Illnesses,” of which he would be a member. Judge Silver denied this motion on September 24, 2018, since a class certification appeal was still pending before the Ninth Circuit.

The Ninth Circuit released its decision on April 26, 2019, affirming two of the certified subclasses and vacating and remanding one. The Ninth Circuit affirmed the General Class and the Non-Kinship Subclass, but vacated and remanded the Medicaid Subclass, finding that the district court failed to make a finding that each member of the class was subject to identical future significant risk of Medicaid violations that would support injunctive relief. 922 F.3d 957.

The parties agreed that the plaintiffs would recertify the Medicaid class and that additional discovery would be needed. On July 31, 2019, the plaintiffs thereafter filed a motion for class recertification, and on August 9, 2019, Judge Silver ordered the defendants to pay the costs of additional discovery, which were projected to range from $135,000-$150,000.

On October 11, 2019, Judge Silver granted the plaintiffs’ motion to recertify the Medicaid subclass.

After this final subclass was created, the defendants in the initial action filed a petition for a writ of certiorari with the U.S. Supreme Court on December 12, 2019. They contested the Ninth Circuit's decision to certify the class and most of the subclasses, stating that the classes, as written, did not have similar injuries across all members of the class. They contested the Ninth Circuit's Parsons v. Ryan decision, the basis for upholding the classes at issue here, that certified a class with disparate injuries because the injuries were caused by the same statewide policy, and urged the Supreme Court to overturn it. The Supreme Court denied the petition on March 20, 2020.

The case, with all of its classes and subclasses, continues.

Summary Authors

Katrina Fetsch (4/16/2016)

Mary Kate Sickel (2/13/2018)

Elizabeth Helpling (10/16/2019)

Ellen Aldin (5/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4134257/parties/tinsley-v-flanagan/


Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Adelman, Daniel Jay (Arizona)

Barber, Philip (New York)

Beauchamp, Keith (Arizona)

Davis, Julia L. (New York)

Desai, Roopali H. (Arizona)

Dixon, Stephen (New York)

Finch, Aaron Hirsh (New York)

Frischer, Harry (New York)

Judge(s)

Silver [Moore-Silver], Roslyn O. (Arizona)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Adelman, Daniel Jay (Arizona)

Barber, Philip (New York)

Beauchamp, Keith (Arizona)

Davis, Julia L. (New York)

Desai, Roopali H. (Arizona)

Dixon, Stephen (New York)

Finch, Aaron Hirsh (New York)

Frischer, Harry (New York)

Gerard, Daniele (New York)

Hogan, Timothy Michael (Arizona)

Kapell, William (New York)

Luciano, Adriana Teresa (New York)

Lustbader, Ira P. (New York)

Mais, Joseph E. (Arizona)

McGuinness, Erin Geloff (New York)

Nili, Rachel Brodin (New York)

Persson, Stephanie (New York)

Ronan, Anne (Arizona)

Swindle, Shane R. (Arizona)

Tolman, Shelley (Arizona)

Wood, Kathryn Anne (New York)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Albracht-Crogan, Cynthia Christine (Arizona)

Bojanowski, Timothy J (Arizona)

Ellman, Robert Lawrence (Arizona)

Giallonardo, Dana M. (Arizona)

Gottlieb, Stacey Faith (Arizona)

Harrison, Wendy J. (Arizona)

Hartzman-Tellez, Karen J (Arizona)

Johnston, Logan T. (Arizona)

Keene, Dana M (Arizona)

Koloseike, Lauren Marie (Arizona)

LaPrade, Lauren Marie (Arizona)

Lento, Gary N. (Arizona)

McBride, Melanie Grace (Arizona)

Plumb, Catherine Dodd (Arizona)

Quigley, Daniel P. (Arizona)

Struck, Daniel Patrick (Arizona)

Stuart, John Neil (Arizona)

Weinzweig, David Daniel (Arizona)

Wieneke, Kathleen L (Arizona)

Zimmerman, Joshua Robert (Arizona)

Zoellner, Tara B. (Arizona)

Other Attorney(s)

Covington, Jill M (Arizona)

Porter, Camilla June (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Tinsley v. Flanagan

Oct. 24, 2019 Docket
1

Complaint for Injunctive and Declaratory Relief and Request for Class Action

B.K. v. Flanagan

Feb. 3, 2015 Complaint
37

Second Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action

June 8, 2015 Complaint
51

Order

Tinsley v. McKay

156 F.Supp.3d 1024, 2015 WL 9690914

Sept. 29, 2015 Order/Opinion
363

Order

Tinsley v. Flanagan

Sept. 29, 2017 Order/Opinion
418

Opinion

U. S. Court of Appeals for the Ninth Circuit

922 F.3d 957

April 26, 2019 Order/Opinion
430

Plaintiffs' Motion and Memorandum of Points and Authorities in Support of Certification of the Medicaid Subclass

July 31, 2019 Pleading / Motion / Brief
461

Order

411 F.Supp.3d 462, 2019 WL 5103081

Oct. 11, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134257/tinsley-v-flanagan/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT. Filing fee received: $400.00, receipt number 0970-11314597 filed by Susan Brandt, Margaret Tinsley, Jennifer Kupiszewski. (submitted by Roopali Desai) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 02/03/2015)

1 Civil Cover Sheet

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Feb. 3, 2015 RECAP
2

SUMMONS Submitted by Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (submitted by Roopali Desai) (Attachments: # 1 Summons)(REK) (Entered: 02/03/2015)

1 Summons

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Feb. 3, 2015 PACER
3

Filing fee paid, receipt number 0970-11314597. This case has been assigned to the Honorable Roslyn O. Silver. All future pleadings or documents should bear the correct case number: CV-15-00185-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/03/2015)

Feb. 3, 2015 PACER
4

Summons Issued as to Charles Flanagan, William Humble. (Attachments: # 1 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/03/2015)

1 Summons

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Feb. 3, 2015 PACER
5

MOTION for Admission Pro Hac Vice as to attorney Julia Lucia Davis on behalf of Susan Brandt, Jennifer Kupiszewski, and Margaret Tinsley. (BAS) (Entered: 02/04/2015)

Feb. 4, 2015 PACER

Pro Hac Vice Fee Paid

Feb. 4, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX154949 as to Julia L Davis. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 4, 2015 PACER
6

MOTION for Admission Pro Hac Vice as to attorney William A Kapell on behalf of Susan Brandt, Jennifer Kupiszewski, and Margaret Tinsley. (BAS) (Entered: 02/04/2015)

Feb. 4, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX154950 as to William A Kapell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 4, 2015 PACER
7

ORDER pursuant to General Order 09-08 granting 5 Motion for Admission Pro Hac Vice; granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
8

SERVICE EXECUTED filed by Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley: Proof of Service re: Summons and Complaint upon Charles Flanagan and William Humble on 02/04/2015. (Desai, Roopali) (Entered: 02/10/2015)

Feb. 10, 2015 PACER
9

NOTICE of Appearance by Robert Lawrence Ellman on behalf of Charles Flanagan. (Ellman, Robert) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
10

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT FIRST REQUEST. (Attachments: # 1 Text of Proposed Order)(Ellman, Robert) (Entered: 02/24/2015)

1 Text of Proposed Order

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Feb. 24, 2015 PACER
11

NOTICE of Appearance by Daniel Patrick Struck on behalf of William Humble. (Struck, Daniel) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
12

ORDER approving the 10 Stipulation For Extension of Time To Answer Complaint: William Humble answer due 3/27/2015; Gregory McKay answer due 3/27/2015. IT IS FURTHER ORDERED the caption of this action is amended to substitute Gregory McKay as a defendant in place of Charles Flanagan. Signed by Senior Judge Roslyn O Silver on 2/24/15. (LAD) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
13

NOTICE of Appearance by David Daniel Weinzweig on behalf of Gregory McKay. (Weinzweig, David) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
14

MOTION to Withdraw as Attorney by Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) (Entered: 03/02/2015)

1 Text of Proposed Order

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March 2, 2015 PACER
15

ORDER granting 14 Motion (Application) for Withdrawal of Counsel. Attorney Shelley Tolman; Keith Beauchamp and Roopali H Desai terminated. Signed by Senior Judge Roslyn O Silver on 3/3/15.(LAD) (Entered: 03/03/2015)

March 3, 2015 PACER
16

Joint MOTION for Protective Order and Stipulation to Extend Time to Answer or Otherwise Plead (Second Request) and Request to Amend Caption by William Humble. (Attachments: # 1 Text of Proposed Order Protective Order and Order Granting Extension of Time to Answer or Otherwise Plead (Second Request) and Order Granting Request to Amend Caption)(Struck, Daniel) (Entered: 03/13/2015)

1 Text of Proposed Order Protective Order and Order Granting Extension of Time to

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March 13, 2015 RECAP
17

ORDER denying in part the 16 Motion for Protective Order. No protective order will issue. But, as stipulated by the parties, Defendants shall have an additional thirty days in which to answer the complaint after the identities of all minor Plaintiffs are made known to all of the Defendants. IT IS FURTHER ORDERED the caption of this action is hereby amended to substitute Cory Nelson as a defendant in place of defendant William Humble. (See document for full details). Signed by Senior Judge Roslyn O Silver on 3/16/15.(LAD) (Entered: 03/16/2015)

March 16, 2015 RECAP
18

Joint MOTION for Protective Order Joint Motion to Enter into a Protective Order by Cory D Nelson. (Attachments: # 1 Exhibit A - Protective Order)(Struck, Daniel) (Entered: 03/18/2015)

1 Exhibit A - Protective Order

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March 18, 2015 RECAP
19

PROTECTIVE ORDER - ORDERED granting 18 Joint Motion for Protective Order. (See attached Order). Signed by Senior Judge Roslyn O Silver on 3/19/2015.(TLB) (Entered: 03/19/2015)

March 19, 2015 RECAP
20

NOTICE of Appearance by Joseph E Mais on behalf of Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Mais, Joseph) (Entered: 04/16/2015)

April 16, 2015 PACER
21

AMENDED COMPLAINT by Consent against Gregory McKay, Cory D Nelson filed by Susan Brandt, Margaret Tinsley, Jennifer Kupiszewski.(Kapell, William) (Entered: 04/20/2015)

April 20, 2015 RECAP
22

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley . (Attachments: # 1 Exhibit Amended Complaint with Changes Marked)(Kapell, William) (Entered: 04/20/2015)

1 Exhibit Amended Complaint with Changes Marked

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April 20, 2015 PACER
23

* MOTION to Intervene of AHCCCS Director Thomas Betlach and MOTION FOR Leave to File Answer by Thomas Betlach. (Attachments: # 1 Text of Proposed Order)(Johnston, Logan). *Added MOTION for Leave to File on 5/8/2015 (REK). (Entered: 05/07/2015)

1 Text of Proposed Order

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May 7, 2015 PACER
24

* (Filed at Doc. 35 ) LODGED Proposed Proposed Answer of Thomas Betlach to First Amended Complaint re: 23 MOTION to Intervene of AHCCCS Director Thomas Betlach. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Thomas Betlach. (Johnston, Logan) Modified on 6/3/2015 (LAD). (Entered: 05/07/2015)

May 7, 2015 PACER
25

*MOTION Leave to Exceed Page Limit by Gregory McKay, Cory D Nelson. (Attachments: # 1 Text of Proposed Order)(Weinzweig, David) *Modified to correct event - attorney noticed on 5/8/2015 (REK). (Entered: 05/07/2015)

1 Text of Proposed Order

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May 7, 2015 PACER
26

*FILED AT DOC 39 * LODGED PROPOSED DOCUMENT re: 25 Motion for Leave to File Excess Pages: MOTION to Dismiss for Lack of Jurisdiction Motion to Abstain and Dismiss by Gregory McKay, Cory D Nelson. (Weinzweig, David)* Modified to correct event - attorney noticed on 5/8/2015 (REK). Modified on 6/8/2015 (ATD). (Entered: 05/07/2015)

May 7, 2015 PACER
27

NOTICE of Appearance by Timothy James Bojanowski on behalf of Cory D Nelson. (Bojanowski, Timothy) (Entered: 05/08/2015)

May 8, 2015 PACER
28

ORDER granting 25 Defendants' Joint Motion for Leave to File Excess Page Limit. FURTHER ORDERED Defendants Joint Motion to Abstain and DismissPursuant to Fed. R. Civ. P. 12(b)(1), of no more than 30 pages in length, (Doc. 26 ), will be allowed. Signed by Senior Judge Roslyn O Silver on 5/11/2015.(TLB) (Entered: 05/11/2015)

May 11, 2015 PACER
39

JOINT MOTION to Abstain and Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) by Gregory McKay, Cory D Nelson. (ATD) (Entered: 06/08/2015)

May 11, 2015 PACER
29

RESPONSE in Opposition re: 23 MOTION to Intervene of AHCCCS Director Thomas Betlach MOTION for Leave to File filed by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Mais, Joseph) (Entered: 05/19/2015)

May 19, 2015 PACER
30

NOTICE re: Non-Opposition by Cory D Nelson re: 23 MOTION to Intervene of AHCCCS Director Thomas Betlach MOTION for Leave to File . (Acedo, Nicholas) (Entered: 05/22/2015)

May 22, 2015 PACER
31

MOTION for Admission Pro Hac Vice as to attorney Rachel Brodin Nili on behalf of Jennifer Kupiszewski, and Margaret Tinsley. (BAS) (Entered: 05/27/2015)

May 26, 2015 PACER
32

MOTION for Admission Pro Hac Vice as to attorney Adriana Teresa Luciano on behalf of Jennifer Kupiszewski, and Margaret Tinsley. (BAS) (Entered: 05/27/2015)

May 26, 2015 PACER

Pro Hac Vice Fee Paid

May 27, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX158930 as to Rachel Brodin Nili. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 27, 2015 PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX158925 as to Adriana Teresa Luciano. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 27, 2015 PACER
33

ORDER pursuant to General Order 09-08 granting 31 Motion for Admission Pro Hac Vice; granting 32 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 05/27/2015)

May 27, 2015 PACER
34

ORDER - IT IS ORDERED Thomas Betlach's motion to intervene, (Doc. 23 ), is GRANTED. IT IS FURTHER ORDERED the Clerk of Court shall add Betlach as a Defendant as to Plaintiffs' Second Cause of Action and file his previously lodged answer to the first amended complaint, (Doc. 24 ). Signed by Senior Judge Roslyn O Silver on 6/3/15. (LAD) (Entered: 06/03/2015)

June 3, 2015 PACER
35

ANSWER to 21 First Amended Complaint by Thomas Betlach. (LAD) (Entered: 06/03/2015)

June 3, 2015 PACER
36

STIPULATION of Consent to Substitution of Party, Amendment of Caption, Filing of Second Amended Complaint, and Motion Briefing Schedule by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Text of Proposed Order)(Kapell, William) (Entered: 06/08/2015)

1 Text of Proposed Order

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June 8, 2015 PACER
37

AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Margaret Tinsley, Susan Brandt(on behalf of minors:), Jennifer Kupiszewski.(Kapell, William) (Entered: 06/08/2015)

June 8, 2015 PACER
38

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley . (Attachments: # 1 Exhibit Second Amended Complaint with Changes Marked)(Kapell, William) (Entered: 06/08/2015)

1 Exhibit Second Amended Complaint with Changes Marked

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June 8, 2015 PACER
40

ORDER - Pursuant to Stipulation 36, IT IS ORDERED Cara Christ is hereby substituted as a Defendant in place of Defendant Cory Nelson. The caption of this action is hereby amended to reflect Defendant Christ's substitution for Defendant Nelson. IT IS FURTHER ORDERED following Plaintiffs' filing of a Second Amended Complaint ("SAC") with Defendants' consent pursuant to Fed. R. Civ. P. 15(a) (2) on June 8, 2015, Defendants McKay, Christ and Betlach shall file a single joint motion to abstain and dismiss pursuant to Fed. R. Civ. P. 12(b)(1) as against the SAC on June 9, 2015. Plaintiffs shall file their opposition to that motion by June 11, 2015. Defendants' time to file any reply memorandum will be fifteen (15) days after service of Plaintiffs' opposition, as provided by Local Rules 7.2 and 12.1. IT IS FURTHER ORDERED in light of the Second Amended Complaint, Defendant McKay and former Defendant Nelson's motion to abstain and dismiss the First Amended Complaint, (Docs. 39 ), is DENIED AS MOOT. Signed by Senior Judge Roslyn O Silver on 6/8/15. (LAD) (Entered: 06/09/2015)

June 9, 2015 PACER
41

MOTION to Dismiss for Lack of Jurisdiction Motion to Abstain and Dismiss Plaintiffs' Second Amended Complaint by Thomas Betlach, Thomas J Betlach, Cara M Christ, Gregory McKay. (Weinzweig, David) (Entered: 06/09/2015)

June 9, 2015 PACER
42

**FILED AT DOC 45 ** LODGED Proposed PLAINTIFFS OPPOSITION TO DEFENDANTS JOINT MOTION TO ABSTAIN AND DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) [LODGED]. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) Modified on 6/12/2015 (ATD). (Entered: 06/11/2015)

June 11, 2015 PACER
43

*MOTION for Leave to File Opposition that Exceeds Page Limit by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Text of Proposed Order)(Kapell, William) *Modified to correct motion type on 6/12/2015 (REK). (Entered: 06/11/2015)

1 Text of Proposed Order

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June 11, 2015 PACER
44

ORDER granting 43 Plaintiffs' Motion for Leave to Exceed Page Limit. The proposed brief (Plaintiff's Opposition-Doc. 42 ) shall be filed by the Clerk. Signed by Senior Judge Roslyn O Silver on 6/12/2015.(TLB) (Entered: 06/12/2015)

June 12, 2015 PACER
45

RESPONSE (OPPOSITION) to 41 MOTION to Abstain and Dismiss Plaintiffs' Second Amended Complaint filed by Susan Brandt (on behalf of minors), Jennifer Kupiszewski, Margaret Tinsley. (ATD) (Entered: 06/12/2015)

June 12, 2015 PACER
46

Joint MOTION for Leave to File Excess Pages for Reply in Support of Motion to Abstain and Dismiss by Thomas J Betlach, Cara M Christ, Gregory McKay. (Attachments: # 1 Text of Proposed Order)(Weinzweig, David) (Entered: 06/29/2015)

1 Text of Proposed Order

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June 29, 2015 PACER
47

*(Filed at (Doc. 49 )--LODGED Proposed Joint Reply in Support of Motion to Abstain and Dismiss re: 46 Joint MOTION for Leave to File Excess Pages for Reply in Support of Motion to Abstain and Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Thomas J Betlach, Cara M Christ, Gregory McKay. (Attachments: # 1 Exhibit)(Weinzweig, David) Modified on 6/30/2015 (LSP). (Entered: 06/29/2015)

1 Exhibit

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June 29, 2015 PACER
48

ORDER granting 46 Defendants' Joint Motion for Leave to Exceed Page LImit. The Clerk shall file the over-length brief lodged at Doc. 47 . Signed by Senior Judge Roslyn O Silver on 6/30/15.(TLB) (Entered: 06/30/2015)

June 30, 2015 PACER
49

REPLY to Response to Motion re: 41 MOTION to Dismiss for Lack of Jurisdiction Motion to Abstain and Dismiss Plaintiffs' Second Amended Complaint filed by Thomas J Betlach, Cara M Christ, Gregory McKay. (LSP) (Entered: 06/30/2015)

June 30, 2015 PACER
50

Additional Attachments to Main Document, Exhibit A re: 49 Reply to Response to Motion by Defendants Thomas J Betlach, Cara M Christ, Gregory McKay. (ATD) (Entered: 07/01/2015)

June 30, 2015 PACER
51

ORDER denying 41 Motion to Abstain and Dismiss. See attached Order. Signed by Senior Judge Roslyn O Silver on 9/29/2015.(TLB) (Entered: 09/29/2015)

Sept. 29, 2015 RECAP
52

ANSWER to 37 Amended Complaint by Gregory McKay.(Ellman, Robert) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
53

Answer of Thomas Betlach to Second Amended Complaint ANSWER to 37 Amended Complaint by Thomas J Betlach.(Johnston, Logan) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
54

ANSWER to 37 Amended Complaint by Cara M Christ.(Struck, Daniel) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
55

ORDER - Rule 16 Scheduling Conference set for 12/11/2015 at 11:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Counsel/parties shall prepare a Proposed Case Management Plan and a Proposed Scheduling Order and shall file them with the Court not less than ten (10) days before the Scheduling Conference. Signed by Senior Judge Roslyn O Silver on 10/21/2015. (TLB) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
56

NOTICE of Appearance by Gary N Lento on behalf of Gregory McKay. (Lento, Gary) (Entered: 10/30/2015)

Oct. 30, 2015 PACER
57

*REPORT re: Rule 16 Scheduling Order by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Attachment 1 - Plaintiffs' Proposed Rule 16 Scheduling Order, # 2 Attachment 2 - Defendants' Proposed Rule 16 Scheduling Order)(Swindle, Shane) *Modified to correct event on 12/2/2015 (REK). (Entered: 12/01/2015)

1 Attachment 1 - Plaintiffs' Proposed Rule 16 Scheduling Order

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2 Attachment 2 - Defendants' Proposed Rule 16 Scheduling Order

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Dec. 1, 2015 PACER
58

*NOTICE of Service of Discovery re: Plaintiffs Initial Disclosures Pursuant to Rule 26(a)(1) by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley . (Kapell, William) *Modified to correct event on 12/11/2015 (REK). (Entered: 12/10/2015)

Dec. 10, 2015 PACER
59

*NOTICE of Service of Discovery re: Initial Disclosures by Gregory McKay . (Lento, Gary) *Modified to correct event on 12/11/2015 (REK). (Entered: 12/10/2015)

Dec. 10, 2015 PACER
60

NOTICE of Service of Discovery filed by Cara M Christ. (Struck, Daniel) (Entered: 12/10/2015)

Dec. 10, 2015 PACER
61

NOTICE of Service of Discovery filed by Thomas J Betlach. (Johnston, Logan) (Entered: 12/10/2015)

Dec. 10, 2015 PACER
62

MINUTE ENTRY for proceedings held before Senior Judge Roslyn O Silver: Scheduling Conference held on 12/11/2015. Case status and deadlines are discussed. The parties shall confer regarding discovery during the week of 1/4/2016 and file a notice of compliance with the court not later than 1/8/2016. The parties shall submit a proposed scheduling order not later than 12/18/2015. APPEARANCES: William Kapell, Joseph Mais, Anne Ronan, Adriana Luciano and Julia Davis for Plaintiffs. Daniel Struck, Nicholas Acedo, Logan Johnston, Robert Ellman, Gary Lento and Melanie McBride for Defendants. (Court Reporter Elva Cruz-Lauer.) Hearing held 11:34 AM to 12:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 12/11/2015)

Dec. 11, 2015 PACER
63

NOTICE of Appearance by Melanie Grace McBride on behalf of Gregory McKay. (McBride, Melanie) (Entered: 12/11/2015)

Dec. 11, 2015 PACER
64

TRANSCRIPT REQUEST Re: Scheduling Conference Proceedings by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley for proceedings held on 12/11/2015, Judge Roslyn O Silver hearing judge(s). (Kapell, William) (Entered: 12/14/2015)

Dec. 14, 2015 PACER
65

TRANSCRIPT REQUEST by Gregory McKay for proceedings held on December 11, 2015, Judge Roslyn O Silver hearing judge(s). (Lento, Gary) (Entered: 12/14/2015)

Dec. 14, 2015 PACER
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SCHEDULING CONFERENCE proceedings held on 12/11/2015, before Judge Roslyn O. Silver. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2016. Redacted Transcript Deadline set for 1/14/2016. Release of Transcript Restriction set for 3/14/2016. (RAP) (Entered: 12/17/2015)

Dec. 14, 2015 PACER
66

NOTICE of Appearance by Daniel Patrick Struck on behalf of Cara M Christ. (Struck, Daniel) (Entered: 12/15/2015)

Dec. 15, 2015 PACER
68

SCHEDULING ORDER: Discovery due by 12/30/2016. Dispositive motions due by 6/16/2017. Joint Statement due by 5/11/2016. Proposed Pretrial Order due by 8/31/2017 [see attached Order for details]. Signed by Senior Judge Roslyn O Silver on 12/21/15. (MAW) (Entered: 12/21/2015)

Dec. 21, 2015 PACER
69

NOTICE of Appearance by Catherine Dodd Plumb on behalf of Thomas J Betlach. (Plumb, Catherine) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
70

NOTICE of Attorney Substitution by Melanie Grace McBride. (McBride, Melanie) (Entered: 01/05/2016)

Jan. 5, 2016 PACER
71

*NOTICE re: Joint Notice of Compliance of 68 Order by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley . (Kapell, William) *Modified to add link on 1/11/2016 (REK). (Entered: 01/08/2016)

Jan. 8, 2016 PACER
72

STIPULATION of Dismissal of Plaintiffs A.T. and J.C. Without Prejudice by Cara M Christ. (Attachments: # 1 Text of Proposed Order)(Zoellner, Tara) (Entered: 01/19/2016)

1 Text of Proposed Order

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Jan. 19, 2016 PACER
73

ORDER: Pursuant to the parties' Stipulation to Dismiss Plaintiffs A.T. and J.C. Without Prejudice (Doc. 72 ), and good cause appearing, IT IS ORDERED the claims of Plaintiffs A.T. and J.C. are dismissed without prejudice. Each party shall bear its own taxable costs with respect to Plaintiffs A.T. and J.C.'s individual claims. The claims of all other Plaintiffs remain active at this time. Signed by Senior Judge Roslyn O Silver on 1/19/2016. (REK) (Entered: 01/19/2016)

Jan. 19, 2016 PACER
74

*NOTICE re: Joint Notice of Compliance re: 68 Scheduling Order by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley . (Kapell, William) *Modified to add link on 1/25/2016 (REK). (Entered: 01/22/2016)

Jan. 22, 2016 PACER
75

NOTICE of Service of Discovery filed by Cara M Christ. (Zoellner, Tara) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
76

* STATEMENT of Joint Statement of Discovery Dispute by Plaintiffs Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley, Gregory McKay, Cara M Christ, Thomas J Betlach. (Kapell, William) * Modified to add additional filers on 2/9/2016 (LAD). (Entered: 02/08/2016)

Feb. 8, 2016 PACER
77

ORDER: IT IS ORDERED no later than February 19, 2016, Plaintiffs shall file either a motion or stipulation regarding their Next Friend status. IT IS FURTHER ORDERED no later than February 19, 2016, the parties shall file a joint statement outlining their positions regarding redactions in non-party records. The parties shall also file a proposed protective order regarding the handling of non-party records [see attached Order for details]. Signed by Senior Judge Roslyn O Silver on 2/11/2016. (KAL) (Entered: 02/11/2016)

Feb. 11, 2016 PACER
78

MOTION for Leave to File Excess Pages by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Text of Proposed Order)(Kapell, William) (Entered: 02/17/2016)

1 Text of Proposed Order

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Feb. 17, 2016 PACER
79

ORDER: The Court having considered Plaintiff's Motion for Leave to File a Six-Page Submission, and good cause appearing, IT IS ORDERED the motion 78 is GRANTED, and each party may submit a statement of up to six pages for the joint statement regarding redactions. Signed by Senior Judge Roslyn O Silver on 2/17/2016. (KAL) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
80

STIPULATION and [Proposed] Order for Protection of Privileged/Confidential Material by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 RECAP
81

STATEMENT of Redaction Issue by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
82

DECLARATION of William Kapell in Support of Plaintiffs' Position in Joint Statement Regarding Redaction Issue re: 81 Statement by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
83

MOTION to Appoint Next Friends Under Federal Rule of Civil Procedure 17(c) by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Text of Proposed Order)(Kapell, William) (Entered: 02/19/2016)

1 Text of Proposed Order

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Feb. 19, 2016 RECAP
84

DECLARATION of William Kapell in Support of Plaintiffs' Motion for Appointment of Next Friends Under Federal Rule of Civil Procedure 17(c) re: 83 MOTION to Appoint Next Friends Under Federal Rule of Civil Procedure 17(c) by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kapell, William) (Entered: 02/19/2016)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Feb. 19, 2016 RECAP
85

DECLARATION of Susan Brandt in Support of Motion for Appointment as Next Friend Under Federal Rule of Civil Procedure 17(c) re: 83 MOTION to Appoint Next Friends Under Federal Rule of Civil Procedure 17(c) by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 RECAP
86

DECLARATION of Jennifer Kupiszewski in Support of Motion for Appointment as Next Friend Under Federal Rule of Civil Procedure 17(c) re: 83 MOTION to Appoint Next Friends Under Federal Rule of Civil Procedure 17(c) by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
87

DECLARATION of Margaret R. Tinsley in Support of Motion for Appointment as Next Friend Under Federal Rule of Civil Procedure 17(c) re: 83 MOTION to Appoint Next Friends Under Federal Rule of Civil Procedure 17(c) by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
88

*Joint MOTION for Leave to File Defendants Joint Motion for Leave to Respond to Plaintiffs Six-Page Submission in the Joint Statement Regarding Redaction Issue re: 81 Statement by Gregory McKay. (Attachments: # 1 Text of Proposed Order Proposed Order)(McBride, Melanie) *Modified to add link on 2/25/2016 (REK). (Entered: 02/24/2016)

1 Text of Proposed Order Proposed Order

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Feb. 24, 2016 PACER
89

RESPONSE in Opposition re: 88 Joint MOTION for Leave to File Defendants Joint Motion for Leave to Respond to Plaintiffs Six-Page Submission in the Joint Statement Regarding Redaction Issue filed by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 02/24/2016)

Feb. 24, 2016 PACER
90

DECLARATION of William Kapell in Support of Plaintiffs' Opposition to Defendants' Joint Motion for Leave to Respond to Plaintiffs' Six-Page Submission in the Joint Statement Regarding Redaction Issue re: 89 Response in Opposition to Motion by Plaintiffs Susan Brandt, Susan Brandt, Jennifer Kupiszewski, Margaret Tinsley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kapell, William) (Entered: 02/24/2016)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Feb. 24, 2016 PACER
91

NOTICE of Service of Discovery filed by Gregory McKay. (McBride, Melanie) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
92

NOTICE of Service of Discovery filed by Susan Brandt(on behalf of minors:), Jennifer Kupiszewski, Margaret Tinsley. (Kapell, William) (Entered: 03/01/2016)

March 1, 2016 PACER
93

NOTICE of Service of Discovery filed by Cara M Christ. (Zoellner, Tara) (Entered: 03/03/2016)

March 3, 2016 PACER
94

NOTICE of Service of Discovery filed by Thomas J Betlach. (Johnston, Logan) (Entered: 03/04/2016)

March 4, 2016 PACER

State / Territory: Arizona

Case Type(s):

Child Welfare

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Feb. 3, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children who are or will be placed in Arizona state foster care custody following reports that they have suffered child abuse or neglect.

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

Arizona, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Adoption

Classification / placement

Education

Emergency shelter

Failure to supervise

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Juveniles

Neglect by staff

Parents (visitation, involvement)

Pattern or Practice

Placement in shelters

Relative caretakers

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Visiting

Youth / Adult separation

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Self-injurious behaviors

Suicide prevention

Benefit Source:

Medicaid