Case: Newberry v. Goetz

Newberry v. Neel

COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150.00 Receipt # 66268 (bbj) (Entered: 12/10/1998)

NOTICE of Initial Case Management Conference ; Case Management Conference set for 9:30 1/20/99 , Case referred to Magistrate Judge William J. Haynes Jr. (bbj) (Entered: 12/10/1998)

RETURN OF SERVICE executed upon deft Nancy Menke &deft Health TN Dept on 12/8/98 by personal service (tlc) (Entered: 12/14/1998)

MOTION by pltfs to certify class action (bj) (Entered: 12/29/1998)

BRIEF/MEMORANDUM by pltf in support of motion to certify class action [4−1] (bj) (Entered: 12/29/1998)

MOTION by pltfs for preliminary injunction (bj) (Entered: 12/29/1998)

BRIEF/MEMORANDUM by pltfs in support of motion for preliminary injunction [6−1] (bj) (Entered: 12/29/1998)

MOTION by pltfs to set preliminary injunction hearing (bj) (Entered: 12/29/1998)

FIRST NOTICE of Filing Documents by pltfs. (w/attached exhibtis A−M and declarations) (bj) (Entered: 12/29/1998)

DECLARATION by pltf Stephen Tod Newberry re [9−1] (bj) (Entered: 12/29/1998)

DECLARATION by pltf Carolyn Jones re [9−1] (bj) (Entered: 12/29/1998)

DECLARATION by pltf Carol Smith re [9−1] (bj) (Entered: 12/29/1998)

DECLARATION by pltf Mary Ann Wilson re [9−1] (bj) (Entered: 12/29/1998)

DECLARATION by pltf Marvin Ray Berry re [9−1] (bj) (Entered: 12/29/1998)

DECLARATION of Vicki DeSantis re [9−1] (bj) (Entered: 12/29/1998)

PROPOSED Agreed Order of the parties granting defts an extension of time in which to file an answer or dispositive motion (jb) (Entered: 12/29/1998)

PROPOSED Order re preliminary injunctive relief. (bj) (Entered: 12/29/1998)

ATTORNEY APPEARANCE for defts by Sue A. Sheldon per proposed order (tlc) (Entered: 12/31/1998)

AGREED ORDER by Magistrate Judge William J. Haynes Jr.; defts have to 2/26/99 to respond to complaint (cc: all counsel) (EOD 12/31/98) (tlc) (Entered: 12/31/1998)

REMARK; file forwarded to Judge Nixon per motion to certify class (tlc) (Entered: 12/31/1998)

PROPOSED Order granting deft extension of time to respond to mtns for preliminary injunction and to certify class action (gi) (Entered: 01/12/1999)

ORDER by Magistrate Judge William J. Haynes Jr. granting defts an extension of time to respond to motions to certify class action [4−1] and for preliminary injunction [6−1] through 1/19/99. EOD 1/13/99 (cc: all counsel) (gi) (Entered: 01/13/1999)

SUPPLEMENTARY BRIEF by pltfs re [6−1] (w/attachment) (gi) (Entered: 01/15/1999)

RESPONSE by defts in opposition to motion to certify class action [4−1] (gi) (Entered: 01/20/1999)

RESPONSE by defts in opposition to motion for preliminary injunction [6−1] (gi) (Entered: 01/20/1999)

NOTICE by defts of filing documents (1−18) in support of response to mtn for preliminary injunctive relief (gi) Modified on 01/20/1999 (Entered: 01/20/1999)

AFFIDAVIT of Steven G. Hopper re [21−1] (w/attachments) (gi) (Entered: 01/20/1999)

AFFIDAVIT of Judy Regan, M.D. re [21−1] (w/attachments 1−4)(Attachment 3 FILED UNDER SEAL) (gi) (Entered: 01/20/1999)

AFFIDAVIT of Earl Campbell, Jr. M.D. re [21−1] (w/attachment) (gi) (Entered: 01/20/1999)

AFFIDAVIT of Orville Campbell, M.D. re [21−1] (w/attachment) (gi) (Entered: 01/20/1999)

AFFIDAVIT of James Edward Roth, M.D. re [21−1] (w/attachment) (gi) (Entered: 01/20/1999)

AFFIDAVIT of Theresa Clarke Lindsey re [21−1] (w/attachments 1−3) (gi) (Entered: 01/20/1999)

AFFIDAVIT of Keith Gaither re [21−1] (gi) (Entered: 01/20/1999)

ORDER by Judge John T. Nixon granting motion to set preliminary injunction hearing [8−1] as the Court has set a hearing on 1/25/99 at 10:00. EOD 1/25/99 (cc: all counsel) (gi) (Entered: 01/25/1999)

HEARING BRIEF FILED by pltfs regarding [4−1] [6−1] (gi) (Entered: 10/05/1999)

FIRST STIPULATION of Parties (gi) (Entered: 10/05/1999)

CLERK'S RESUME: Hearing held 1/25/99 on mtns for class certification and for preliminary injunction. PFFCL due 10 days after filing of deposition. C/R: Charlotte Barr (Exhibit/witness list attached) (gi) (Entered: 01/28/1999)

PROPOSED FFCL by defts (gi) (Entered: 03/01/1999)

REVISED EXHIBIT list by pltfs (dm) (Entered: 03/02/1999)

SECOND NOTICE by pltfs of filing documents; exhibits E−8, pg52, S, T−1 − T−5 (tlc) (Entered: 03/02/1999)

1st DECLARATION of Katherine Horvath submitted by pltfs (tlc) (Entered: 03/02/1999)

DECLARATION of Joyce Boyd submitted by pltfs (tlc) (Entered: 03/02/1999)

DECLARATION of Georgia Martin submitted by pltfs (tlc) (Entered: 03/02/1999)

DEPOSITION of Theresa Clarke Lindsey taken on the following date: 2/1/99 (tlc) (Entered: 03/02/1999)

REMARK−There is no DE #34 due to clerical error (gi) (Entered: 05/10/1999)

MOTION and Memorandum by defts to strike certain exhibits in support of pltf's mtn for preliminary injunction (gi) (Entered: 03/04/1999)

RESPONSE by pltfs to motion to strike certain exhibits in support of pltf's mtn for preliminary injunction [40−1] (gi) (Entered: 03/08/1999)

LETTER from atty Linda A. Ross to clarify defts' position with respect to a particular issue relating to pltfs' mtns for preliminary injunctive relief and class certification (gi) (Entered: 03/24/1999)

PROPOSED Order discovery dispute (gi) (Entered: 03/30/1999)

ORDER by Magistrate Judge William J. Haynes Jr.: Defts shall make available to pltfs for inspecting and copying the appeal files of all TennCare enrollees appealing home health denials during the period of October 1997 − October 1998 who are not enrolled in BlueCare. These appeals are the same cases referred to in paragraph 9 of the First Stipulation of the Parties. Defts shall make these records available by not later than 4/5/99. Pltfs shall report to the Magistrte Judge by 4/7/99 if they intend to submit any of the documents to the Court. EOD 4/5/99 (cc: all counsel) (gi) (Entered: 04/05/1999)

MOTION by movant THCA to intervene ; w/attached proposed answer to complaint (tlc) (Entered: 04/12/1999)

MEMORANDUM by movant Tennessee Health in support of motion to intervene [44−1] (tlc) (Entered: 04/12/1999)

MOTION by movant Tennessee Health for attorney Joseph William Metro to appear pro hac vice (tlc) (Entered: 04/12/1999)

CERTIFICATE of Good Standing filed by movant on behalf of Joseph William Metro; District of Columbia (tlc) (Entered: 04/12/1999)

CERTIFICATE of Good Standing filed by movant on behalf Michael Cornelius Lynch; District of Columbia (tlc) (Entered: 04/12/1999)

PROPOSED Order granting movant's motion to intereven (tlc) (Entered: 04/12/1999)

ATTORNEY APPEARANCE for movant Tennessee Health by Christopher C. Puri (tlc) (Entered: 04/12/1999)

MOTION by movant for attorney Michael Cornelius Lynch to appear pro hac vice (tlc) (Entered: 04/12/1999)

PROPOSED Order extending ddls (gi) (Entered: 04/13/1999)

POST−HEARING BRIEF FILED by pltfs (gi) (Entered: 04/15/1999)

REVISED EXHIBIT list FILED UNDER SEAL by pltfs (gi) (Entered: 04/15/1999)

DECLARATION of Marvin Ray Berry re [50−1] (gi) (Entered: 04/15/1999)

DECLARATION of Wanda Jackson re [50−1] (gi) (Entered: 04/15/1999)

ORDER by Judge John T. Nixon granting pltfs until 4/14/99 to file &serve any documents recently obtained through the discovery process, any supplemental declarations or affidavit testimony from witnesses who have previously offered declaration testimony &written argument pertaining thereto; Defts have until 4/28/99 to file their response re [4−1] [6−1] (cc: all counsel) (EOD 4/16/99) (jb) (Entered: 04/16/1999)

RESPONSE by defts to motion to intervene [44−1] (gi) (Entered: 04/26/1999)

RESPONSE by pltfs in opposition to motion to intervene [44−1] (gi) (Entered: 04/26/1999)

RESPONSE by defts to pltfs' post−hearing brief [50−1] (gi) (Entered: 04/29/1999)

SECOND NOTICE by defts of filing documents (exhibits 19−27)(exhibits 19−22 &24 are UNDER SEAL) (gi) (Entered: 04/29/1999)

NOTICE by defts of filing afdt of Elizabeth Foster (gi) (Entered: 05/05/1999)

AFFIDAVIT of Elizabeth Foster (gi) (Entered: 05/05/1999)

ORDER by Judge John T. Nixon: Pursuant to 28 USC, Section 294(b), this case is returned to the Clerk for reassignment. Case reassigned to Judge Aleta A. Trauger. EOD 5/10/99 (cc: all counsel) (gi) (Entered: 05/10/1999)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 5/27/99 (gi) (Entered: 05/27/1999)

ORDER by Judge John T. Nixon granting motion to certify class action [4−1] and denying motion for preliminary injunction [6−1] for reasons expressed in the accompanying memorandum. Pltf class shall consist of all present or future TennCare beneficiaries for whom home health services are, or will be, medically necessary. The Court certifies pltfs' two proposed sub−classes. The "Disability Sub−Class" shall consist of those pltf class members with disabilities as defined by the ADA. The "Children's Sub−Class" shall consist of those pltf class members who are under the age of 21. EOD 5/27/99 (cc: all counsel) (gi) (Entered: 05/27/1999)

REPLY by Tennessee Health to response to motion to intervene [44−1] (gi) (Entered: 06/03/1999)

ORDER by Judge Aleta A. Trauger granting motion for attorney Joseph William Metro to appear pro hac vice [46−1] by Tennessee Health Care Association. EOD 6/8/99 (cc: all counsel) (gi) (Entered: 06/08/1999)

ORDER by Judge Aleta A. Trauger granting motion for attorney Michael Cornelius Lynch to appear pro hac vice [48−1] by Tennessee Health Care Association. EOD 6/8/99 (cc: all counsel) (gi) (Entered: 06/08/1999)

ORDER of Recusal by Judge Aleta A. Trauger: Case reassigned to Chief Judge Robert L. Echols. EOD 6/15/99 (cc: all counsel) (gi) (Entered: 06/15/1999)

MOTION by Pam Ford Wright to withdraw as atty of record for pltfs (gi) (Entered: 12/02/1999)

ORDER by Judge Robert L. Echols: Case reassigned to Magistrate Judge Joe B. Brown pursuant to appointment of Judge Haynes as US District Judge. Scheduled ddls remain in effect. EOD 12/8/99 (cc: all counsel) (gi) (Entered: 12/08/1999)

MAIL Returned [72−1] addressed to atty Pamela F. Wright (cy forwarded to Nashville office of TN Justice Center to forward to Ms. Wright) (gi) (Entered: 01/05/2000)

MAIL Returned [73−1] addressed to atty Pamela F. Wright (cy forwarded to Nashville office of TN Justice Center to forward to Ms. Wright) (gi) (Entered: 01/05/2000)

MEMORANDUM OF THE COURT (cc: all counsel) EOD 1/13/00 (gi) (Entered: 01/13/2000)

ORDER by Judge Robert L. Echols granting motion to intervene [44−1] for reasons stated in the accompanying memorandum. Case referred to Magistrate Judge Joe B. Brown for further case management. EOD 1/13/00 (cc: all counsel) (gi) (Entered: 01/13/2000)

ANSWER by intervenor defendant Tennessee Health to [1−1] (gi) (Entered: 01/13/2000)

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference set for 1:00 on 2/7/00. Proposed case management order to be submitted two days prior to hearing. EOD 1/19/00 (cc: all counsel) (gi) (Entered: 01/19/2000)

PROPOSED Agreed Order resetting CMC (gi) (Entered: 01/28/2000)

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference reset for 3:00 on 2/29/00. EOD 1/31/00 (cc: all counsel) (gi) (Entered: 01/31/2000)

PROPOSED Agreed Order resetting case management conference (gi) (Entered: 02/29/2000)

AGREED ORDER by Magistrate Judge Joe B. Brown: Case Management Conference reset for 1:30 on 3/15/00. EOD 3/2/00 (cc: all counsel) (gi) (Entered: 03/02/2000)

MOTION by pltfs for attorney James B. Rhoads to appear pro hac vice (w/attachments) (gi) (Entered: 03/08/2000)

CERTIFICATE of Good Standing from USDC, ND/GA for James B. Rhoads filed by pltfs (gi) (Entered: 03/08/2000)

PROPOSED Order granting mtn to appear pro hac vice (gi) (Entered: 03/08/2000)

ORDER by Magistrate Judge Joe B. Brown granting motion for attorney James B. Rhoads to appear pro hac vice [82−1] for pltfs. EOD 3/9/00 (cc: all counsel) (gi) (Entered: 03/09/2000)

PROPOSED Case Management Order (gi) (Entered: 04/17/2000)

CASE MANAGMEENT ORDER by Magistrate Judge Joe B. Brown: Dispositive mtn filing ddl is 5/1/00. Dsicovery shall be stayed during the pendency of dispositive mtns. Pretrial conference set 1:30 8/6/01 before the District Judge. Jury trial set for 9:00 on 9/10/01 before the District Judge. EOD 4/24/00 (cc: all counsel) (gi) (Entered: 04/24/2000)

MOTION by intervenor defendant Tennessee Health Care for judgment on the pleadings (gi) (Entered: 05/01/2000)

MEMORANDUM by intervenor defendant Tennessee Health Care in support of motion for judgment on the pleadings [86−1] (gi) (Entered: 05/01/2000)

PROPOSED Order re mtn #86 (gi) (Entered: 05/01/2000)

MOTION by defts for judgment on the pleadings (gi) (Entered: 05/02/2000)

MEMORANDUM by defts in support of motion for judgment on the pleadings [88−1] (gi) (Entered: 05/02/2000)