Case: M.B. v. Tidball

2:17-cv-04102 | U.S. District Court for the Western District of Missouri

Filed Date: June 12, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 12, 2017, M.B., five minors in the Missouri foster care system (through their "Next Friends") filed this lawsuit in the Western District of Missouri. The Plaintiffs sued the Interim Director of the Missouri Department of Social Services (DSS) and the Director of the Children’s Division (CD) of DSS, under 42 U.S.C. § 1983, for alleged substantive due process rights violations, procedural due process rights violations, and a violation of the Federal Adoption Assistance and Child Welfare A…

On June 12, 2017, M.B., five minors in the Missouri foster care system (through their "Next Friends") filed this lawsuit in the Western District of Missouri. The Plaintiffs sued the Interim Director of the Missouri Department of Social Services (DSS) and the Director of the Children’s Division (CD) of DSS, under 42 U.S.C. § 1983, for alleged substantive due process rights violations, procedural due process rights violations, and a violation of the Federal Adoption Assistance and Child Welfare Act (CWA). Represented by Children’s Rights, Inc., National Center for Youth Law, St. Louis University Legal Clinic, and private council, plaintiffs sued on behalf of a putative class of children under eighteen who are or will be placed in the custody of the state of Missouri due to abuse or neglect by their legal guardians. The complaint sought declaratory and injunctive relief to permanently enjoin the Defendants from subjecting class members to allegedly abusive policies and practices.

Background

The lawsuit brought three claims: first, violation of the plaintiffs’ substantive due process rights under the Fourteenth Amendment; second, violation of the plaintiffs’ procedural due process rights under the Fourteenth Amendment; and third, a violation of the plaintiffs’ rights under the Federal Adoption Assistance and Child Welfare Act, 42 U.S.C. §§ 621 et seq., 670 et seq. Plaintiffs sought a declaration that the Defendants’ failures to maintain a minimally adequate oversight system or to institute procedures to ensure the appropriate administration of medication violated the Plaintiffs’ constitutional rights. The Plaintiffs also ask that the Defendants’ failure to maintain and deliver the Plaintiffs’ complete and updated medical records to foster caretakers violated the Plaintiffs’ statutory rights under the CWA. The Plaintiffs also sought permanent injunctive relief requiring the Defendants to revise its practices related to medical records, promulgate an effective informed consent policy, and develop a secondary review system. Class action allegations were included in the first and amended complaints.

Specifically, the complaint argued that, while the children were in the state’s custody and with foster parents, the state administered or instructed the foster parents to administer to the plaintiffs one or more psychotropic and/or anti-psychotic drugs and failed to ensure that medications were appropriate, safe, and adequately monitored. Because of this, the class had suffered or would suffer substantial and often irreversible harm to their physical, emotional, and/or mental health.

Specific example of abused alleged

The named plaintiff M.B., who had been in the foster care custody of CD for more than three years, was placed on more than six psychotropic drugs at one time under the supervision of CD. While in CD’s custody, his medications fluctuated wildly while he was moved between eight different placements, including two psychiatric institutions. When M.B. was placed with a licensed therapeutic foster parent, CD did not discuss M.B.’s medications with him, the proper methods to administer the medication, nor its adverse effects. His foster parent was not given an opportunity to ask questions about M.B.’s medication plan nor given information from his medical records or history. Instead, she had to rely on pill bottle label’s and M.B.’s instructions. She began noticing severe adverse effects; M.B. was afraid to go to sleep, would twitch, and was observed with his eyes rolling back in his head. After three weeks in the placement, M.B. threatened his foster parent’s life and was hospitalized. Despite his foster parent’s wish to care for M.B. as his foster parent and her continued involvement in ensuring M.B. receives the care he needs, he was not returned to her home.

After leaving his foster parent’s home, M.B.’s medications steadily increased, and by January 2017, he was taking seven psychotropic medications, including three antipsychotics at the same time. In early 2017, M.B. was moved hundreds of miles away from his foster parent, the only constant adult presence in his life, because the prior facility reportedly couldn’t accommodate his needs. His foster parent visited in April 2017 and observed a completely changed child – once hyperactive, he was now lethargic, slurring, and falling asleep in broad daylight. These are all documented adverse effects of high dosage of different psychotropic drugs. As of filing, M.B. had been moved to a psychiatric hospital.

The other named plaintiffs had similar stories of experiencing adverse effects, likely resulting from poorly administered medication.

Procedural timeline

On July 3, 2017, the plaintiffs filed an amended complaint. On August 21, 2017, the state filed a motion to dismiss the complaint for failure to state a claim, arguing the court did not have jurisdiction because the case should be heard in Missouri’s juvenile courts, that the due process claims were insufficient, and that plaintiffs had no private right of action under the Child Welfare Act based on Supreme Court and Eighth Circuit precedent. On January 8, 2018, Judge Nanette K. Laughrey denied the Defendants’ motion to dismiss regarding Plaintiffs’ substantive due process claim and procedural due process claim. Judge Laughrey granted the motion to dismiss with prejudice regarding Plaintiffs’ CWA violation claim and without prejudice the Plaintiffs’ substantive due process claims relating to informed consent. 2018 WL 327767.

For several months, the parties engaged in discovery and depositions. On March 16, 2018, the plaintiffs moved for class certification. On July 19, 2018, Judge Laughrey certified a class of plaintiffs consisting of "all children in Children's Division foster care custody who presently are, or in the future will be, prescribed or administered one or more psychotropic medications while in state care." 327 F.R.D. 271. The defendants appealed the order granting class certification to the Eighth Circuit Court of Appeals on August 22, 2018 (case number 18-2798). Since the original defendant retired in July 2018, the appellant replaced him with Ms. Lester.

On October 29, 2018, the defendant’s motion to stay the lawsuit pending appeal was denied by Judge Laughrey under seal. 2018 WL 5504178. Several months of mediation and negotiations followed.

On May 30, 2019, the parties reported having reached a settlement. On July 8, the parties filed a joint motion for preliminary approval of a class action settlement. Parties also separately notified the Eighth Circuit of the potential settlement, and the Eighth Circuit issued an order on July 9 staying the August 2018 appeal of class certification until the settlement was resolved. On July 15, Judge Laughrey granted preliminary approval of settlement.

On November 6, 2019, the parties filed a joint motion for final approval of class action settlement, with relevant documents regarding discovery and plaintiffs' private information kept under seal. A fairness hearing was held before Magistrate Judge Lajuana M. Counts on November 20, 2019 and the judge issued a Report and Recommendation on December 4 indicating that the settlement should be approved and the case be dismissed with prejudice.

The settlement agreement included policy and procedural commitments relating to the defendant’s (a) training of case management staff and resource provider, (b) providing medication monitoring, mental health assessment, medical examinations, and concurrent non-pharmacological treatment, (c) maintaining medical records, including efforts to build system and reporting capabilities and to comply with CD policy on record collection and distribution, (d) secondary review of designated prescription of psychotropic medications by a child and adolescent psychiatrist, (e) obtaining informed consent to the administration of psychotropic medications, (f) appointing a Psychotropic Mediation Advisory Committee to provide professional and technical consultation and policy advice on issues related to psychotropic medication, and (g) developing excessive dosage guidelines based on advice from and consultation with medical and clinical experts.

On December 5, Judge Laughrey adopted the Report and Recommendations and granted the parties’ motion for final approval of the class action settlement.

The Court retained jurisdiction for purpose of enforcement. The settlement agreement defined specific exit criteria, and the state is entitled to exit the agreement once exit criteria have been met for three consecutive six-month reporting periods. The parties agreed to jointly seek an order terminating court jurisdiction over the agreement when appropriate, though the state can also do so on its own motion.

Plaintiffs filed a motion for $4,027,882.78 in attorneys' fees and costs. The parties disputed as to the hourly rate used to calculate attorneys' fees. On April 3, 2020, the court issued an order granting in part and denying in part the original request, adjusting some of the attorneys' billing rates and hours tracked to arrive at a final award of $3,386,558.81. 2020 WL 1666159.

Current status

There is nothing in the district court docket showing any disputes over enforcement. After the settlement was approved, the Eighth Circuit signed off on the state's voluntary dismissal of the (previously stayed) appeal. On April 28, 2020, Defendants filed a new appeal of the attorneys' fees award. It is pending.

Summary Authors

Kaley Hanenkrat (1/19/2018)

Nina Orteza (10/29/2018)

Sichun Liu (1/25/2020)

Hetali Lodaya (5/31/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6257831/parties/mb-v-tidball/


Judge(s)

Counts, Lajuana M. (Missouri)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

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

Dixon, Stephen (New York)

Fahner, Daniel T. (Illinois)

Finch, Aaron Hirsh (New York)

Frizell, Catherine (New York)

Gerard, Daniele (New York)

Gretter, Elizabeth Pitman (New York)

Judge(s)

Counts, Lajuana M. (Missouri)

Laughrey, Nanette Kay (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

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

Dixon, Stephen (New York)

Fahner, Daniel T. (Illinois)

Finch, Aaron Hirsh (New York)

Frizell, Catherine (New York)

Gerard, Daniele (New York)

Gretter, Elizabeth Pitman (New York)

Grimm, William L. (California)

Juneja, Poonam (California)

King, Jonathan D (Illinois)

McGuinness, Erin Geloff (New York)

Pitts, Freya E. K. (California)

Rosenthal, Danielle (New York)

Schutte, Scott T. (Illinois)

Welch, Leecia (California)

Attorneys(s) for Defendant

Allen, Scotty L (Missouri)

Bangert, Ryan Lee (Missouri)

Bremer, Jonathan Gilbert (Missouri)

Dean, David D. (Missouri)

Elsbury, Laura E. (Missouri)

Keller, Russell J. (Missouri)

Krispin, Eileen Ruppe (Missouri)

Morgan, Jeremiah J. (Missouri)

Pennycuff, Melanie (Missouri)

Quinlan, Michael D. (Missouri)

Documents in the Clearinghouse

Document

2:17-cv-04102

Docket [PACER]

April 30, 2020

April 30, 2020

Docket
1

2:17-cv-04102

Complaint for Injunctive and Declaratory Relief and Request for Class Action

June 12, 2017

June 12, 2017

Complaint
22

2:17-cv-04102

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

July 3, 2017

July 3, 2017

Complaint
91

2:17-cv-04102

Order

Jan. 8, 2018

Jan. 8, 2018

Order/Opinion
168

2:17-cv-04102

Order

May 29, 2018

May 29, 2018

Order/Opinion
183

2:17-cv-04102

Order

M.B. v. Corsi

July 19, 2018

July 19, 2018

Order/Opinion
282

2:17-cv-04102

Order Granting Preliminary Approval of Settlement Agreement, Setting Hearing, and Directing Class Notice

July 15, 2019

July 15, 2019

Order/Opinion
304-1

2:17-cv-04102

Joint Settlement Agreement

Nov. 6, 2019

Nov. 6, 2019

Settlement Agreement
316

2:17-cv-04102

Report and Recommendation

Dec. 4, 2019

Dec. 4, 2019

Magistrate Report/Recommendation
326

2:17-cv-04102

Order

2020 WL 1666159

April 3, 2020

April 3, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6257831/mb-v-tidball/

Last updated Aug. 4, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by John J. Ammann on behalf of All Plaintiffs against all Defendants Filing fee $400, receipt number 0866-5321373. Service due by 9/11/2017 unless otherwise directed by the court. (Attachments: # 1 Civil Cover Sheet)(Ammann, John) Modified by the Clerk's Office on 6/12/2017 to correct docket entry text(Houston, Kiambu). (Entered: 06/12/2017)

1 Civil Cover Sheet

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June 12, 2017

June 12, 2017

Clearinghouse
2

MOTION for order Use of Pseudonyms filed by John J. Ammann on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/26/2017 unless otherwise directed by the court. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
3

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Geiser, Angel) (Entered: 06/12/2017)

1 MAP General Order

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June 12, 2017

June 12, 2017

PACER
4

Motion to allow Michael Bartosz to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5321932) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
5

Motion to allow Stephen A. Dixon to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5321947) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
6

Motion to allow Elizabeth Pitman Gretter to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5321957) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
7

Motion to allow Catherine Frizell to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5321966) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER

ELECTRONIC SUMMONS ISSUED as to Tim Decker, Jennifer Tidball and emailed to plaintiff's attorney's office for service. (Russel, Jeri)

June 12, 2017

June 12, 2017

PACER
8

Motion to allow Poonam Juneja to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5322768) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
9

Motion to allow Leecia Welch to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5322790) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
10

Motion to allow William Grimm to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5322794) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
11

ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 6/13/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
12

ORDER granting 4 5 6 7 motion to appear pro hac vice entered by Clerk of Court. Attorney Michael Sara Bartosz, Stephen Andrew Dixon, Elizabeth Pitman Gretter, and Catherine Frizell for M. B., K. C., A. H., E. S., and Z. S. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
13

ORDER granting 8 9 10 motion to appear pro hac vice entered by Clerk of Court. Attorney William Grimm, Leecia Welch, and Poonam Juneja for M. B., K. C.,A. H., E. S., and Z. S. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101 This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
14

ORDER signed by Judge Nanette Laughrey. Plaintiffs' Motion to Proceed With the Use of Pseudonyms, Doc. 2, is granted. The minor Plaintiffs shall be permitted to proceed with the use of pseudonymous initials. All parties shall use the pseudonymous initials in the submission of pleadings, briefing, and evidence in this case, and shall not publicly disclose the minor Plaintiffs' personally identifying information. Plaintiffs shall ensure that Defendants are informed of the identity of the minor Plaintiffs at the earliest opportunity after service. This Order is subject to reconsideration or modification at the request of any party, upon the filing of a motion for a protective order, or on the Court's own motion. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
15

RETURN OF SERVICE of complaint executed by All Plaintiffs. Jennifer Tidball served on 6/16/2017, answer due 7/7/2017. (Ammann, John) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
16

RETURN OF SERVICE of complaint executed by All Plaintiffs. Tim Decker served on 6/16/2017, answer due 7/7/2017. (Ammann, John) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
17

NOTICE of appearance by Laura E. Elsbury on behalf of All Defendants (Attorney Laura E. Elsbury added to party Tim Decker(pty:dft), Attorney Laura E. Elsbury added to party Jennifer Tidball(pty:dft))(Elsbury, Laura) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
18

NOTICE of appearance by Michael D. Quinlan on behalf of All Defendants (Attorney Michael D. Quinlan added to party Tim Decker(pty:dft), Attorney Michael D. Quinlan added to party Jennifer Tidball(pty:dft))(Quinlan, Michael) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
19

MOTION for extension of time to File Answer or Responsive Motion filed by Michael D. Quinlan on behalf of All Defendants. Suggestions in opposition/response due by 7/5/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
20

ORDER entered by Judge Nanette Laughrey. Defendants' unopposed motion for extension of time in which to answer or otherwise respond to the complaint, Doc. 19, is granted and the deadline is extended to August 7, 2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
21

ORDER. Proposed scheduling order due by 8/14/2017. Rule 26 conference due by 8/7/2017. Signed on 6/22/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER

NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)

June 28, 2017

June 28, 2017

PACER
22

AMENDED COMPLAINT against All Defendants filed by Elizabeth Pitman Gretter on behalf of All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Gretter, Elizabeth) (Entered: 07/03/2017)

1 Civil Cover Sheet

View on PACER

July 3, 2017

July 3, 2017

Clearinghouse
23

MOTION for extension of time to File Answer or Responsive Pleading filed by Michael D. Quinlan on behalf of Tim Decker, Jennifer Tidball. Suggestions in opposition/response due by 7/25/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
24

ORDER entered by Judge Nanette Laughrey. Defendants' unopposed motion for extension of time in which to answer or otherwise respond to the amended complaint, Doc. 23, is granted and the deadline is extended to August 21, 2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
25

NOTICE of appearance by Jonathan Gilbert Bremer on behalf of All Defendants (Attorney Jonathan Gilbert Bremer added to party Tim Decker(pty:dft), Attorney Jonathan Gilbert Bremer added to party Jennifer Tidball(pty:dft))(Bremer, Jonathan) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
26

Joint MOTION for extension of time to File Proposed Scheduling Order/Discovery Plan filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 8/28/2017 unless otherwise directed by the court. (Elsbury, Laura) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
27

ORDER entered by Judge Nanette Laughrey. The parties' joint motion for extension of time in which to file their proposed scheduling order, Doc. 26, is granted. The proposed scheduling order shall be filed no later than 8/21/2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
28

DESIGNATION OF MEDIATOR naming James Levin(Gretter, Elizabeth) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
29

MOTION for leave to file excess pages filed by Jonathan Gilbert Bremer on behalf of All Defendants. Suggestions in opposition/response due by 8/31/2017 unless otherwise directed by the court. (Bremer, Jonathan) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
30

NOTICE of filing that Motion for leave to file excess pages is unopposed by Tim Decker, Jennifer Tidball re 29 MOTION for leave to file excess pages (Attachments: # 1 Exhibit Exhibit A)(Bremer, Jonathan) (Entered: 08/17/2017)

1 Exhibit Exhibit A

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Aug. 17, 2017

Aug. 17, 2017

PACER
31

ORDER entered by Judge Nanette Laughrey. Defendants' unopposed motion for leave to exceed page limits in connection with the filing of a brief in support of a motion to dismiss, doc. 29, is granted. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
32

Joint PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
33

MOTION to dismiss case Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action filed by Michael D. Quinlan on behalf of All Defendants. Suggestions in opposition/response due by 9/5/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
34

WITHDRAWN PUSUANT TO ORDER 49 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support filed by Michael D. Quinlan on behalf of All Defendants. Suggestions in opposition/response due by 9/5/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exhibit A Sealed pursuant to order 39 )(Quinlan, Michael) Modified on 9/13/2017 (Geiser, Angel). (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
35

SUGGESTIONS in support re 33 MOTION to dismiss case Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action Defendants Sugestions In Support of Their Motion To Dismiss Plantiffs' First Amended Complaint For Injunctive and Declaratory Relief and Request For Class Action filed by Michael D. Quinlan on behalf of Defendants Tim Decker, Jennifer Tidball. (Related document(s) 33 ) (Quinlan, Michael) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
36

MOTION for order Appointing Next Friends filed by Elizabeth Pitman Gretter on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/6/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gretter, Elizabeth) (Entered: 08/23/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Aug. 23, 2017

Aug. 23, 2017

PACER
37

NOTICE of appearance by Ryan Lee Bangert on behalf of All Defendants (Attorney Ryan Lee Bangert added to party Tim Decker(pty:dft), Attorney Ryan Lee Bangert added to party Jennifer Tidball(pty:dft))(Bangert, Ryan) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
38

MOTION to seal document 34 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support filed by Laura E. Elsbury on behalf of All Defendants. Suggestions in opposition/response due by 9/6/2017 unless otherwise directed by the court. (Attachments: # 1 Proposed Order Deleted pursuant to administrative procedures)(Related document(s) 34 ) (Elsbury, Laura) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 08/23/2017 as Document No. 38-1, Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Geiser, Angel)

Aug. 24, 2017

Aug. 24, 2017

PACER
39

ORDER entered by Judge Nanette Laughrey. No later than 8/30/2017, Defendants shall file their response to Plaintiffs' motion for order appointing next friends, Doc. 36 . This is a TEXT ONLY ENTRY. No document is attached. (Barragan-Scott, Alana) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
40

ORDER granting 38 motion to seal document. The Court orders Exhibit A (Document 34-1) to be sealed. Signed on 08/24/2017 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
41

SCHEDULING ORDER: Discovery due by 5/15/2018. Dispositive Motions due by 6/4/2018. Pretrial Conference set for 10/3/2018 at 03:00 PM Courtroom 4A, Jefferson City. Jury Trial set for 10/15/2018 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 8/24/17 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 08/24/2017)

1 Memo on PTC

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Aug. 24, 2017

Aug. 24, 2017

PACER
42

RULES OF TRIAL. Signed on 8/24/17 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
43

MOTION for extension of time to file response/reply to Defendants' Motion to Dismiss, MOTION for leave to file excess pages filed by Elizabeth Pitman Gretter on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/8/2017 unless otherwise directed by the court. (Gretter, Elizabeth) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
44

ORDER entered by Judge Nanette Laughrey. Plaintiffs' unopposed motion for extension of time in which to respond to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action, and for leave to file excess pages, Doc. 43, is granted. Plaintiffs' response is due no later than September 25, 2017, and Plaintiffs may file opposing suggestions that do not exceed thirty pages.This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
45

SUGGESTIONS in opposition re 36 MOTION for order Appointing Next Friends filed by Jonathan Gilbert Bremer on behalf of Defendants Tim Decker, Jennifer Tidball. Reply suggestions due by 9/13/2017 unless otherwise directed by the court. (Related document(s) 36 ) (Bremer, Jonathan) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
46

SUGGESTIONS in opposition re 34 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S.. Reply suggestions due by 9/19/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Related document(s) 34 ) (Gretter, Elizabeth) (Entered: 09/05/2017)

1 Exhibit A

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Sept. 5, 2017

Sept. 5, 2017

PACER
47

WITHDRAWN PUSUANT TO ORDER 49 Joint MOTION to amend/correct 34 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support filed by Jonathan Gilbert Bremer on behalf of All Defendants. Suggestions in opposition/response due by 9/22/2017 unless otherwise directed by the court. (Related document(s) 34 ) (Bremer, Jonathan) Modified on 9/13/2017 to show withdrawn(Geiser, Angel). (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
48

MOTION to withdraw document 34 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support, 47 Joint MOTION to amend/correct 34 MOTION to dismiss party Defendants' Motion to Dismiss Unknown Plaintiffs and Suggestions In Support filed by Jonathan Gilbert Bremer on behalf of All Defendants. Suggestions in opposition/response due by 9/25/2017 unless otherwise directed by the court. (Related document(s) 34, 47 ) (Bremer, Jonathan) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
49

ORDER entered by J. Nanette Laughrey. Defendants have filed a motion to withdraw, Doc. 48, their previously filed motion to dismiss certain Plaintiffs on the basis that they could not be adequately identified, Doc. 34, and their motion to amend their motion to dismiss, Doc. 47 . Defendants state they are satisfied that these Plaintiffs have been adequately identified and therefore no longer wish to pursue the motion to dismiss. Accordingly, the motion to withdraw, Doc. 48, is granted and the motion to dismiss, Doc. 34, and motion to amend, Doc. 47, are terminated. This is a TEXT ONLY ENTRY. No document is attached.(Matthes Mitra, Renea) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
50

STIPULATION and Proposed Order Appointing Next Friends for Plaintiffs M.B., K.C., and A.H. by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) Modified on 9/21/2017 to delete entire document. (Geiser, Angel). Modified on 9/22/2017 to reflect attorney refiled correctly as document 56 (Lock, Tania). (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
51

REPLY SUGGESTIONS to motion re 36 MOTION for order Appointing Next Friends filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S.. (Attachments: # 1 Exhibit A)(Related document(s) 36 ) (Gretter, Elizabeth) (Entered: 09/13/2017)

1 Exhibit A

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Sept. 13, 2017

Sept. 13, 2017

PACER
52

Motion to allow Daniel Fahner to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5446532) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
53

Motion to allow Scott Schutte to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5446547) filed by John J. Ammann on behalf of All Plaintiffs. (Ammann, John) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 09/13/2017 as Document No. 50, Stipulation and Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Geiser, Angel)

Sept. 21, 2017

Sept. 21, 2017

PACER
54

ORDER granting 52 and 53 motion to appear pro hac vice entered by Clerk of Court. Attorney Scott T. Schutte and Daniel T. Fahner for M. B., K. C., A. H., E. S., and Z. S., allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
55

MOTION for leave to file Supplemental Response filed by Jonathan Gilbert Bremer on behalf of All Defendants. Suggestions in opposition/response due by 10/5/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Bremer, Jonathan) (Entered: 09/21/2017)

1 Exhibit A

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Sept. 21, 2017

Sept. 21, 2017

PACER
56

MOTION for Order for the Appointment of Next Friends for M.B., K.C., and A.H. by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) Modified on 9/22/2017 to file as a motion (Russel, Jeri). (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER

Set/Reset Deadlines as to 56 MOTION for order. Suggestions in opposition/response due by 10/5/2017 unless otherwise directed by the court. Reply suggestions due by 10/5/2017 unless otherwise directed by the court. (Russel, Jeri)

Sept. 21, 2017

Sept. 21, 2017

PACER
57

SUGGESTIONS in opposition re 33 MOTION to dismiss case Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S.. Reply suggestions due by 10/10/2017 unless otherwise directed by the court. (Related document(s) 33 ) (Gretter, Elizabeth) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
58

ORDER entered by Judge Nanette Laughrey. Defendants' motion to leave to file a supplemental response, doc. 55, to Plaintiffs' motion to appoint next friends, doc. 36, is granted. Defendants shall file their supplemental response no later than 9/29/2017. Plaintiffs may file a sur-reply to the supplemental response no later than 10/3/2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
59

SUPPLEMENTAL SUGGESTIONS in opposition re 36 MOTION for order Appointing Next Friends filed by Jonathan Gilbert Bremer on behalf of Defendants Tim Decker, Jennifer Tidball. Reply suggestions due by 10/13/2017 unless otherwise directed by the court. (Related document(s) 36 ) (Bremer, Jonathan) Modified on 10/2/2017 (Geiser, Angel). (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
60

MOTION for extension of time to file a sur-reply to Defendants' Supplemental Response filed by Poonam Juneja on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/16/2017 unless otherwise directed by the court. (Juneja, Poonam) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
61

STIPULATION to the Appointment of Next Friend for E.S. by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
62

MOTION for leave to file sur-reply out of time filed by Poonam Juneja on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/17/2017 unless otherwise directed by the court. (Juneja, Poonam) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
63

ORDER entered by Judge Nanette Laughrey. Plaintiffs' motion for extension of time, Doc. 60, and motion for leave, Doc. 62, which Defendants do not oppose, are granted. Plaintiffs shall file their sur-reply to Defendants' Supplemental Response to Plaintiffs' Motion to Appoint Next Friends no later than 10/10/2017. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
64

MOTION for extension of time to file Reply in further support of Defendants' Motion to Dismiss, MOTION for leave to file excess pages filed by Jonathan Gilbert Bremer on behalf of All Defendants. Suggestions in opposition/response due by 10/19/2017 unless otherwise directed by the court. (Bremer, Jonathan) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
65

ORDER entered by Judge Nanette Laughrey. Defendants' unopposed motion for extension of time, to 10/17/2017, in which to file reply suggestions in support of their motion to dismiss, and for leave to file ten excess pages, Doc. 64, is granted. This is a TEXT ONLY ENTRY. No document is attached.(Barragan-Scott, Alana) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
66

SUR-REPLY in support re 36 MOTION for order Appointing Next Friends filed by Poonam Juneja on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S.. (Attachments: # 1 Declaration of Catherine Frizell)(Related document(s) 36 ) (Juneja, Poonam) Modified on 10/11/2017 to edit event(Geiser, Angel). (Entered: 10/10/2017)

1 Declaration of Catherine Frizell

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Oct. 10, 2017

Oct. 10, 2017

PACER
67

REPLY SUGGESTIONS to motion re 33 MOTION to dismiss case Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Injunctive and Declaratory Relief and Request for Class Action filed by Jonathan Gilbert Bremer on behalf of Defendants Tim Decker, Jennifer Tidball. (Related document(s) 33 ) (Bremer, Jonathan) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
68

STIPULATION to the Appointment of Next Friend for Z.S. by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
69

ORDER entered by Judge Nanette Laughrey. Plaintiffs moved for appointment of Next Friends, Doc. 36 and Doc. 56, and the parties subsequently stipulated to appointment. Pursuant to the parties' stipulations, the Court appoints the following persons as Next Friends for the Named Plaintiffs: Ericka Eggemeyer as Next Friend for Named Plaintiff M.B.; Kris Dadant as Next Friend for Named Plaintiff K.C.; Kealey Williams as Next Friend for Named Plaintiff A.H.; A.S. as Next Friend for Named Plaintiff E.S.; and S.H. as Next Friend for Named Plaintiff Z.S. Plaintiffs' motions for appointment are terminated. (Barragan-Scott, Alana) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
70

MOTION for leave to file Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Elizabeth Pitman Gretter on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/13/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Gretter, Elizabeth) (Entered: 10/30/2017)

1 Exhibit A

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Oct. 30, 2017

Oct. 30, 2017

PACER
71

SUGGESTIONS in opposition re 70 MOTION for leave to file Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Jonathan Gilbert Bremer on behalf of Defendants Tim Decker, Jennifer Tidball. Reply suggestions due by 11/13/2017 unless otherwise directed by the court. (Related document(s) 70 ) (Bremer, Jonathan) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
72

STIPULATION to the Entry of a Protective Order by M. B., K. C., A. H., E. S., Z. S.. (Gretter, Elizabeth) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
73

ORDER entered by Judge Nanette Laughrey. The parties' stipulation to and request for entry of a protective order, Doc. 72, is granted. The Court further orders, however, that prior to filing any document under seal, a party must seek leave to do so. (Barragan-Scott, Alana) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
74

MOTION to withdraw as attorney filed by Michael D. Quinlan on behalf of Tim Decker, Jennifer Tidball. Suggestions in opposition/response due by 12/13/2017 unless otherwise directed by the court. (Quinlan, Michael) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
75

ORDER by Judge Nanette K. Laughrey. In light of the fact that other attorneys continue to represent the defendants, the motion by attorney Michael Quinlan to withdraw, Doc. 74, is granted. This is a TEXT ONLY ENTRY. No document is attached.(Sreeprakash, Netra) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
76

ORDER SETTING TELECONFERENCE. Oral argument will be presented on 12/15/2017 at 9:00 AM on Defendants' Motion to Dismiss. The parties shall call Conference number 877-336-1274, access code 2707681 to participate. Signed on 12/11/17 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
77

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on December 15, 2017. Oral argument presented on Defendant's Motion to Dismiss, [Doc. 33]. The Court took the matter under advisement. Appearances: Sara Bartosz and William Grimm presented argument for Plaintiffs. Jonathan Bremer presented argument for Defendants. Court Reporter: Katie Wirt. CRD: Renea Matthes Mitra. (Text entry only.) To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Matthes Mitra, Renea) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
78

CERTIFICATE OF SERVICE by All Plaintiffs of Rule 26 Initial Disclosures filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S..(Gretter, Elizabeth) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
79

CERTIFICATE OF SERVICE by All Plaintiffs of First Request for Production of Documents filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S..(Gretter, Elizabeth) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
80

CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S..(Gretter, Elizabeth) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
81

CERTIFICATE OF SERVICE by All Plaintiffs of Responses and Objections to Defendants' First Request for Production filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S..(Gretter, Elizabeth) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
82

MOTION for extension of time and entry of amended scheduling order filed by Elizabeth Pitman Gretter on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/4/2018 unless otherwise directed by the court. (Gretter, Elizabeth) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
83

ORDER by Judge Nanette K. Laughrey. Defendants' response to Plaintiffs' motion for extension of time and entry of amended scheduling order, Doc. 82, must be filed on or before December 28, 2017. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
84

SUGGESTIONS in opposition re 82 MOTION for extension of time and entry of amended scheduling order filed by Laura E. Elsbury on behalf of Defendants Tim Decker, Jennifer Tidball. Reply suggestions due by 1/11/2018 unless otherwise directed by the court. (Related document(s) 82 ) (Elsbury, Laura) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
85

ORDER by Judge Nanette K. Laughrey. Plaintiffs' reply with respect to the motion for extension of time and entry of amended scheduling order, Doc. 82, must be filed on or before January 4, 2018. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
86

NOTICE of procedural change. Any documents, including proposed orders, that must be emailed to Chambers pursuant to the scheduling order henceforth should be sent to Netra_Sreeprakash@mow.uscourts.gov. (Moore, Terri) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
87

CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Rule 30(b)(6) Deposition filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S..(Gretter, Elizabeth) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
88

REPLY SUGGESTIONS to motion re 82 MOTION for extension of time and entry of amended scheduling order filed by Elizabeth Pitman Gretter on behalf of Plaintiffs M. B., K. C., A. H., E. S., Z. S.. (Attachments: # 1 Exhibit A)(Related document(s) 82 ) (Gretter, Elizabeth) (Entered: 01/04/2018)

1 Exhibit A

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Jan. 4, 2018

Jan. 4, 2018

PACER
89

ORDER by Judge Nanette K. Laughrey. In light of the parties' agreement, the deadline for any motion for class certification is extended to March 9, 2018. Other matters raised in the briefing on Plaintiffs' motion for extension and for entry of amended scheduling order, Doc. 82, will be addressed at a teleconference on January 8, 2018, at 10:00 AM. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 1/4/18 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
90

MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on January 8, 2018, regarding Plaintiffs' Motion for Extension of Deadlines, Doc. 82 . The Court informed the parties that a ruling will be entered soon on Defendants' motion to dismiss. The parties agreed that the scheduling order deadlines should be extended, although Defendants stated that Plaintiffs' proposed dates are too aggressive, and Defendants continue to request bifurcation of class and merits discovery. The Court granted Plaintiffs' motion for extension of deadlines, except that the Court will alter the trial date to permit enough time for rulings on dispositive motions. The Court denied Defendants' request for bifurcation. Both parties agreed that the case will not be tried by jury. Appearances: Elizabeth Gretter presented argument for Plaintiffs. Ryan Bangert presented argument for Defendants. Court Reporter: None. CRD: Renea Matthes Mitra. (Text entry only.) (Matthes Mitra, Renea) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
91

ORDER entered by Judge Nanette K. Laughrey. Defendants' motion to dismiss (Doc. 33 ) is denied as to the substantive due process claim, except that claims relating to informed consent are dismissed without prejudice, and denied as to the procedural due process claim. The motion is granted with prejudice as to the claim alleging violation of the Child Welfare Act. (Sreeprakash, Netra) Modified docket text to add the word "ORDER" on 1/9/2018. (Matthes Mitra, Renea). (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

Clearinghouse
92

ORDER denying motion for leave to file, Doc. 70 ; the parties were given the opportunity to raise additional arguments at oral argument. This is a TEXT ONLY ENTRY. No document is attached.(Sreeprakash, Netra) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
93

AMENDED SCHEDULING ORDER:Motion for Class Certification due by 3/19/2018. Discovery due by 8/17/2018. Dispositive Motions due by 9/7/2018. Pretrial Conference set for 1/3/2019 at 02:00 PM Courtroom 4A, Jefferson City. Jury Trial set for 1/14/2019 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 1/9/18 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on Pretrial Conference) (Matthes Mitra, Renea) (Entered: 01/09/2018)

1 Memo on Pretrial Conference

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Jan. 9, 2018

Jan. 9, 2018

PACER
94

SECOND AMENDED SCHEDULING ORDER:Motion for Class Certificatin due by 3/9/2018. Discovery due by 8/17/2018. Dispositive Motions due by 9/7/2018. Pretrial Conference set for 1/14/2019 at 08:30 AM Courtroom 4A, Jefferson City. BENCH TRIAL set for 1/14/2019 at 09:00 AM in Courtroom 4A, Jefferson City. Signed on 1/9/18 by District Judge Nanette K. Laughrey. (Attachments: # 1 Memo on PTC) (Matthes Mitra, Renea) (Entered: 01/09/2018)

1 Memo on PTC

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Jan. 9, 2018

Jan. 9, 2018

PACER
95

MOTION for extension of time to file answer re 22 Amended Complaint filed by Jonathan Gilbert Bremer on behalf of Tim Decker, Jennifer Tidball. Suggestions in opposition/response due by 1/30/2018 unless otherwise directed by the court. (Related document(s) 22 ) (Bremer, Jonathan) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are five minors in the foster care custody of the state of Missouri. Plaintiffs are seeking class certification for all children under the age of eighteen who are or will be placed in the foster care custody of the state of Missouri following reports that they have suffered child abuse or neglect.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri, 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.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3386558.81

Order Duration: 2019 - None

Content of Injunction:

Monitor/Master

Monitoring

Recordkeeping

Remedial education

Reporting

Training

Issues

General:

Aggressive behavior

Assault/abuse by staff

Failure to supervise

Failure to train

Foster care (benefits, training)

Informed consent/involuntary medication

Juveniles

Neglect by staff

Pattern or Practice

Personal injury

Placement in mental health facilities

Record-keeping

Records Disclosure

Staff (number, training, qualifications, wages)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Benefit Source:

Adoption Assistance and Child Welfare Act