Case: Wyatt B. v. Brown

6:19-cv-00556 | U.S. District Court for the District of Oregon

Filed Date: April 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 16, 2019, ten children in the custody of the Oregon Department of Human Services filed this putative class action lawsuit in the United States District Court for the District of Oregon. The plaintiffs sued the Governor of Oregon, the Director of the Oregon Department of Child Welfare, and the Oregon Department of Human Services along with its director, under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA) (42 U.S.C. § 12131(2)), Section 504 of the Rehabilitation Act (29 USC…

On April 16, 2019, ten children in the custody of the Oregon Department of Human Services filed this putative class action lawsuit in the United States District Court for the District of Oregon. The plaintiffs sued the Governor of Oregon, the Director of the Oregon Department of Child Welfare, and the Oregon Department of Human Services along with its director, under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA) (42 U.S.C. § 12131(2)), Section 504 of the Rehabilitation Act (29 USC § 794), the Adoption Assistance Program (42 U.S.C. § 670 et seq.), and the Adoption Assistance and Child Welfare Act (CWA) of 1980 (42 U.S.C. § 620 et seq.). The plaintiffs, represented by A Better Childhood, Disability Rights Oregon, and private counsel, sought a declaration that the defendants had violated the plaintiffs’ rights under the First, Ninth, and Fourteenth Amendments, the Adoption Assistance and Child Welfare Act of 1980, the ADA, and the Rehabilitation Act. They also sought an injunction against the defendant’s unlawful practices and attorney’s fees. Specifically, the plaintiffs alleged that the Oregon DHS exhibited a pattern of 1) failing to follow through on numerous federal recommendations to hire more caseworkers, follow up with foster-home monitoring, and improve “permanency planning;” 2) failing to ensure a sufficient number of foster homes for the disabled and non-disabled children in its care; 3) sending excess disabled and non-disabled children to for-profit, out-of-state foster care centers unequipped to properly care for disabled children while failing to maintain oversight of such centers’ practices and child welfare; and 4) subjecting disabled and non-disabled children to the risk of harm through placement instability.

On June 24th, parties convened settlement negotiations, setting additional conferences for the months ahead. But the negotiations went nowhere and, during the second conference on July 11th, future settlement conferences were cancelled.

Only July 25th, the defendants moved to dismiss or make more definite the complaint. They argued that the court should abstain from exercising jurisdiction because it would be inappropriate for a federal court to tell Oregon how to run its juvenile court system as the plaintiffs demanded. They also argued that plaintiffs failed to state a claim under the ADA, Child Welfare Act, and § 1983. Specifically, the defendants illustrated DHS efforts to improve its foster services, placement, and permanency, and argued that these efforts met the Constitution's requirement that the State care for children’s basic needs; they also asserted that the ADA and CWA require reviews to be conducted only in state court.

On August 8th, 2019, the plaintiffs filed their response to the motion to dismiss. They argued that abstention should only be exercised in the most extraordinary of cases and that the cases cited by defendants did not apply to the factual background of this case. The plaintiffs argued that DHS’ practices and case plans were inconsistent with provisions under the CWA and ADA and alleged that the defendants’ motion to dismiss both lacked legal merit and was inconsistent with the congressional intent to have the ADA and CWA apply as equally to disabled children as to non-disabled children.

The case is ongoing.

Summary Authors

Alec Richards (9/29/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14943955/parties/wyatt-b-v-brown/


Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Benedetto, Anastasia (New York)

Chaimov, Gregory A. (Oregon)

Cooper, Emily R. (Oregon)

Lowry, Marcia Robinson (New York)

Post, Dawn J. (New York)

Shank, Christine (Oregon)

Southwick, Paul J.C. (Oregon)

Stenson, Thomas (Oregon)

Stineman, Renee R. (Oregon)

Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Benedetto, Anastasia (New York)

Chaimov, Gregory A. (Oregon)

Cooper, Emily R. (Oregon)

Lowry, Marcia Robinson (New York)

Post, Dawn J. (New York)

Shank, Christine (Oregon)

Southwick, Paul J.C. (Oregon)

Stenson, Thomas (Oregon)

Stineman, Renee R. (Oregon)

Attorneys(s) for Defendant

Blaesing, Lauren (Oregon)

Joyce, Anna M. (Oregon)

Markowitz, David B. (Oregon)

Owens, Laura R. (Oregon)

Potter, Sheila (Oregon)

Scott, Carla (Oregon)

Wilson, Harry B. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 26, 2019 Docket
1

Complaint

April 16, 2019 Complaint
31

Defendants' Motion to Dismiss or, in the Alternative, to Make More Definite and Certain

July 25, 2019 Pleading / Motion / Brief
37

Plaintiffs' Motion to Strike

Aug. 8, 2019 Pleading / Motion / Brief

Resources

Title Description External URL

Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform

Kathleen G. Noonan, Charles F. Sabel, William H. Simon

Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt … June 1, 2009 http://papers.ssrn.com/...

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14943955/wyatt-b-v-brown/

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

ECF Number Description Date Link
1

Complaint. (CLASS ACTION COMPLAINT) Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5813152 Jury Trial Requested: No. Filed by Simon S., Kylie R., Ruth T., Naomi B., Noah F., Bernard C., Wyatt B., Alec R., Norman N., Unique L. against Kate Brown, Marilyn Jones, Oregon Dept. of Human Services, Fairborz Pakseresht. (Southwick, Paul) (Entered: 04/16/2019)

April 16, 2019 RECAP
2

Civil Cover Sheet regarding Complaint, 1 . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (Southwick, Paul) (Entered: 04/16/2019)

April 16, 2019 PACER
3

CASE MANAGEMENT ORDER. Signed on 4/16/2019 by Judge Ann L. Aiken. (ck) (Entered: 04/16/2019)

April 16, 2019 PACER
4

Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/14/2019. Joint Alternate Dispute Resolution Report is due by 9/13/2019. Pretrial Order is due by 9/13/2019. Ordered by Judge Ann L. Aiken. (bd) (Entered: 04/16/2019)

April 16, 2019 PACER
5

Notice of Appearance of Carla Scott appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Scott, Carla) (Entered: 04/25/2019)

April 25, 2019 PACER
6

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 05/01/2019)

May 1, 2019 PACER
7

Motion for Leave to Appear Pro Hac Vice for Attorney Dawn Post . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5838970. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 05/03/2019)

May 3, 2019 PACER
8

Motion for Leave to Appear Pro Hac Vice for Attorney Marcia Robinson Lowry . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5838991. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 05/03/2019)

May 3, 2019 PACER
9

Motion for Leave to Appear Pro Hac Vice for Attorney Anastasia Benedetto . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5839007. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 05/03/2019)

May 3, 2019 PACER
10

ORDER: Granting Application for Special Admission Pro Hac Vice of Dawn J. Post for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5838970 issued. Signed on 5/3/2019 by Judge Ann L. Aiken. (ck) (Entered: 05/03/2019)

May 3, 2019 PACER
11

Notification of CM/ECF Account for Dawn J. Post (Pro Hac Vice admission). Your login is: djpost. Go to the CM/ECF login page to set your password. (ck) (Entered: 05/03/2019)

May 3, 2019 PACER
12

ORDER: Granting Application for Special Admission Pro Hac Vice of Marcia Robinson Lowry for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5838991 issued. Signed on 5/6/2019 by Judge Ann L. Aiken. (ck) (Entered: 05/06/2019)

May 6, 2019 PACER
13

Notification of CM/ECF Account for Marcia Robinson Lowry (Pro Hac Vice admission). Your login is: mrlowry. Go to the CM/ECF login page to set your password. (ck) (Entered: 05/06/2019)

May 6, 2019 PACER
14

ORDER: Granting Application for Special Admission Pro Hac Vice of Anastasia Benedetto for Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., and Ruth T. Application Fee in amount of $300 collected. Receipt No. 0979-5839007 issued. Signed on 5/6/2019 by Judge Ann L. Aiken. (ck) (Entered: 05/06/2019)

May 6, 2019 PACER
15

Notification of CM/ECF Account for Anastasia Benedetto (Pro Hac Vice admission). Your login is: abenedetto. Go to the CM/ECF login page to set your password. (ck) (Entered: 05/06/2019)

May 6, 2019 PACER
16

SCHEDULING ORDER by Judge Acosta - SETTING an initial Settlement Conference for Monday, June 24, 2019, in Judge Acosta's chambers on the 11th floor of the Mark O. Hatfield United States Courthouse, 1000 SW Third Avenue, Portland, Oregon 97204; Plaintiffs to arrive at 9:00AM and Defendants at 9:45AM. Subsequent sessions are reserved for a 9:00AM start times on Thursday, July 11th, Friday, July 12th, and Monday, August 12th. (peg) (Entered: 05/30/2019)

May 30, 2019 PACER

1 - Scheduling

May 30, 2019 PACER
17

Notice of Appearance of David B. Markowitz appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Markowitz, David) (Entered: 06/14/2019)

June 14, 2019 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

June 14, 2019 PACER
18

Notice of Appearance of Laura R. Salerno Owens appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Salerno Owens, Laura) (Entered: 06/14/2019)

June 14, 2019 PACER
19

Notice of Appearance of Anna Marie Joyce appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Joyce, Anna) (Entered: 06/14/2019)

June 14, 2019 PACER
20

Notice of Appearance of Harry B. Wilson appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Wilson, Harry) (Entered: 06/14/2019)

June 14, 2019 PACER
21

Notice of Appearance of Lauren F. Blaesing appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Blaesing, Lauren) (Entered: 06/14/2019)

June 14, 2019 PACER
22

Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint, and Supporting Memorandum Complaint, 1 . Expedited Hearing requested. Filed by All Defendants. (Markowitz, David) (Entered: 06/14/2019)

June 14, 2019 PACER
23

ORDER: Granting Unopposed Motion for Extension of Time to Answer 22 . Answer is due by 7/25/2019. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/14/2019)

June 14, 2019 PACER
24

MINUTES of Proceedings: Initial Settlement Conference held by Judge Acosta. ORDER: Additional Settlement Conference dates set for 7/11/19, 7/12/19 and 8/12/19, all starting at 9:00AM. Emily Cooper, Paul Southwick, Tom Stenson, Greg Chaimov, Marcia Lowry, Dawn Post present as counsel for plaintiff(s). Lauren Blaesing, David Markowitz, Dustin Buehler, Carla Scott, Laura Salerno Owens, Joanne Southey, Sheila Potter present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) (Entered: 06/25/2019)

June 24, 2019 PACER

Settlement Conference

June 25, 2019 PACER
25

MINUTES of Proceedings: Second settlement conference session held by Judge Acosta. Case does not settle at this time. The third settlement conference session scheduled for July 12, 2019, is cancelled. The court will keep on its calendar the fourth settlement conference session scheduled for August 12, 2019, should the parties wish to reconvene at that time. Emily Cooper, Paul Southwick, Tom Stenson, Greg Chaimov, Marcia Lowry, Dawn Post and Chris Shank present as counsel for plaintiff(s). Lauren Blaesing, David Markowitz, Dustin Buehler, Carla Scott, Laura Salerno Owens, Joanne Southey and Sheila Potter present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) Modified on 7/12/2019 to correct duplicative initial entry.(peg) (Entered: 07/12/2019)

July 11, 2019 PACER

Settlement Conference

July 12, 2019 PACER
26

Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 7/29/2019 at 09:30AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. The parties are directed to file a Joint Status Report by 7/25/2019. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/16/2019)

July 16, 2019 PACER

1 - Scheduling

July 16, 2019 PACER
27

Notice of Association of Attorney Carla Scott,Sheila H. Potter for Kate Brown,Sheila H. Potter for Fairborz Pakseresht,Sheila H. Potter for Oregon Dept. of Human Services,Sheila H. Potter for Marilyn Jones. Filed by Kate Brown, Fairborz Pakseresht, Oregon Dept. of Human Services, Marilyn Jones. (Scott, Carla) (Entered: 07/17/2019)

July 17, 2019 PACER
28

Notice of Change of Address Filed by All Defendants. (Blaesing, Lauren) (Entered: 07/18/2019)

July 18, 2019 PACER
29

Stipulated Motion to Substitute a Party and Change Case Caption. Filed by All Defendants. (Joyce, Anna) (Entered: 07/23/2019)

July 23, 2019 PACER

Order on Motion to Substitute Party

July 23, 2019 PACER
30

ORDER: Granting Stipulated Motion to Substitute a Party and Change Case Caption 29 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/23/2019)

July 23, 2019 PACER
31

Motion to Dismiss for Failure to State a Claim, Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain. Oral Argument requested. Filed by All Defendants. (Joyce, Anna) (Entered: 07/25/2019)

July 25, 2019 PACER
32

Declaration of Anna M. Joyce in Support of Motion to Dismiss or, in the Alternative, to Make More Definite and Certain. Filed by All Defendants. (Related document(s): Motion to Dismiss for Failure to State a Claim,, Motion for more definite statement, 31 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Joyce, Anna) (Entered: 07/25/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 25, 2019 PACER
33

MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The parties report that their Rule 26(f) conference is scheduled for 7/30/2019 and they are planning on a trial date in October, 2020. The parties shall submit a joint proposed scheduling order for the Court's review. A further Telephonic Status Conference is set for 9/6/2019 at 09:15AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Dawn Post, Gregory Chaimov, Marcia Lowry, Emily Cooper present as counsel for plaintiffs. Carla Scott, David Markowitz, Laura Salerno Owens, Lauren Blaesing, Elleanor Chin present as counsel for defendants. Court Reporter: Sara Wilson. (ck) (Entered: 07/29/2019)

July 29, 2019 PACER

Status Conference

July 29, 2019 PACER
34

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Kate Brown, Jana McLellan, Oregon Dept. of Human Services, Fairborz Pakseresht. (Blaesing, Lauren) (Entered: 08/02/2019)

Aug. 2, 2019 PACER
35

Response to Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain 31 . Filed by Naomi B., Wyatt B., Bernard C., Noah F., Unique L., Norman N., Alec R., Kylie R., Simon S., Ruth T.. (Southwick, Paul) (Entered: 08/08/2019)

Aug. 8, 2019 RECAP

1 - Scheduling

Aug. 8, 2019 PACER
36

SCHEDULING ORDER by Judge Acosta - STRIKING the Settlement Conference date of 8/12/19, from Judge Acosta's calendar, as the parties do not wish to proceed in that direction at this time. (peg) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
37

Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain 31 . Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 08/08/2019)

Aug. 8, 2019 RECAP
38

Joint Status Report and Discovery Plan. Filed by All Defendants. (Blaesing, Lauren) (Entered: 08/15/2019)

Aug. 15, 2019 PACER

1 - Scheduling

Aug. 15, 2019 PACER
39

Stipulated Motion for Protective Order Stipulated Protective Order. Filed by All Defendants. (Blaesing, Lauren) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
40

ORDER: Granting Stipulated Motion for a Protective Order 39 . Signed on 8/15/2019 by Judge Ann L. Aiken. (ck) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
41

Scheduling Order by Judge Ann L. Aiken. The Court is in receipt of the parties' Joint Status Report and Discovery Plan 28 and adopts the proposed deadlines as follows: Motion for class certification is due by 10/8/2019. Defendants' opposition to class certification is due by 12/6/2019. Plaintiffs' reply in support of class certification is due by 12/20/2019. Discovery is to be completed by 4/1/2020. Expert reports are to be exchanged by 6/3/2020. Expert response reports are to be exchanged by 7/1/2020. Expert Discovery is to be completed by 7/15/2020. Dispositive Motions are due by 8/7/2020. Responses to Dispositive Motions are due by 8/28/2020. Replies to Dispositive Motions are due by 9/11/2020. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
42

Unopposed Motion to Correct Caption. Filed by All Defendants. (Joyce, Anna) (Entered: 08/22/2019)

Aug. 22, 2019 PACER

Order on Motion

Aug. 22, 2019 PACER
43

ORDER: Granting Unopposed Motion to Correct Caption 42 . Defendant Fairborz Pakseresht will be corrected to Fariborz Pakseresht. Ordered by Judge Ann L. Aiken. (ck) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
44

Response in Opposition to Plaintiff's Motion to Strike to Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain 31 37 . Filed by All Defendants. (Joyce, Anna) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
45

Reply in Support of to Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain 31 . Filed by All Defendants. (Joyce, Anna) (Entered: 08/22/2019)

Aug. 22, 2019 RECAP
46

Reply to Motion to Strike Motion to Dismiss for Failure to State a Claim Motion for a More Definite Statement Defendants' Motion to Dismiss Or, In the Alternative, to Make More Definite and Certain 31 37 . Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
47

MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. The disputed case management issues are discussed as stated on the record. The Court takes the matters of a protective order and the total number of hours for non-expert depositions per side under advisement. Formal Written Order to follow. Dawn Post, Marcia Lowry, Emily Cooper, Paul Southwick, Thomas Stenson present as counsel for plaintiffs. Anna Joyce, David Markowitz, Sheila Potter present as counsel for defendants. Court Reporter: Deborah Cook. (ck) (Entered: 09/06/2019)

Sept. 6, 2019 PACER

Status Conference

Sept. 6, 2019 PACER
48

Motion for Protective Order and Memorandum in Support. Oral Argument requested.Expedited Hearing requested. Filed by All Defendants. (Blaesing, Lauren) (Entered: 09/12/2019)

Sept. 12, 2019 PACER

Order on Motion for Protective Order

Sept. 12, 2019 PACER
49

Order and Opinion. The total number of hours for non-expert deposition testimony is set initially at 100 hours per side. The Court will enter an Amended Protective Order which shall not change the agreed procedures for designation of information as confidential or AEO. The amended order shall allow the parties to use information derived from confidential reports in public filings in this litigation. Signed on 9/12/2019 by Judge Ann L. Aiken. (plb) (Entered: 09/12/2019)

Sept. 12, 2019 RECAP
50

Amended Stipulated Protective Order. Signed on 9/12/2019 by Judge Ann L. Aiken. (plb) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
51

ORDER: The Court has reviewed the parties' September 6, 2019 letter regarding their most recent discovery dispute. Having considered the arguments presented, and noting that defendants' representation that they will agree to extend other case deadlines as necessary, the Court orders that the deposition currently scheduled for September 16, 2019 be continued to a new date. The parties shall confer and set a mutually agreed upon date for the deposition to take place within thirty days of this order. The Court will set prompt status conferences to deal with any further disputes. The Court DENIES defendant's Motion for a Protective Order as moot 48 . Ordered on 9/12/2019 by Judge Ann L. Aiken. (rdr) Modified on 9/12/2019 to correct a transcription error. (rdr). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
52

Order. The discovery dispute submitted by the parties through joint letter on September 23, 2019, is referred to Magistrate Judge Thomas Coffin for hearing and disposition. Ordered on 9/25/2019 by Judge Ann L. Aiken. (rdr) (Entered: 09/25/2019)

Sept. 25, 2019 PACER

Order

Sept. 25, 2019 PACER
53

Scheduling Order by Magistrate Judge Thomas M. Coffin. Telephonic Status Conference is set for 10/1/2019 at 11:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. The parties shall call in to the conference. Conference call information will be provided in a separate entry. Ordered by Magistrate Judge Thomas M. Coffin. (ck) (Entered: 09/26/2019)

Sept. 26, 2019 PACER

1 - Scheduling

Sept. 26, 2019 PACER
54

MINUTES of Proceedings: Telephonic Status Conference held before Magistrate Judge Thomas M. Coffin. The Court orders the parties to proceed with depositions of the minor plaintiffs' next friends as scheduled. Once completed, the Court shall address any remaining discovery issues dealing with the production of records from the next friends. Plaintiffs are not required to turn over any of the files discussed during the hearing at this time. Further, as discussed on the record, plaintiffs are not required to convey a related privilege log to defendants until after depositions are completed. The parties shall communicate with Judge Aiken's Chambers to submit any further disputes or schedule hearings with this Court. Dawn Post, Emily Cooper, Thomas Stenson present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Sheila Potter, Elleanor Chin present as counsel for defendants. Court Reporter: Deborah Cook. (ck) (Entered: 10/01/2019)

Oct. 1, 2019 PACER

Status Conference

Oct. 1, 2019 PACER
55

Unopposed Motion for Extension of Time to file Motion for Class Certification. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 10/04/2019)

Oct. 4, 2019 PACER
56

ORDER: Granting Unopposed Motion for Extension of Time to file Motion for Class Certification 55 . Motion for class certification is due by 12/2/2019. Defendants' opposition to class certification is due by 3/2/2020. Plaintiffs' reply in support of class certification is due by 3/16/2020. Ordered by Judge Ann L. Aiken. (ck) (Entered: 10/07/2019)

Oct. 7, 2019 PACER

Order on Motion for Extension of Time

Oct. 7, 2019 PACER
57

Transcript Designation and Order Form for the hearing held on October 1, 2019 before Judge Thomas M. Coffin. Court Reporter: Deborah Cook. . Filed by All Defendants. (Blaesing, Lauren) (Entered: 11/04/2019)

Nov. 4, 2019 PACER
58

Stipulated Motion to Substitute a Party and Change Case Caption. Filed by All Defendants. (Blaesing, Lauren) (Entered: 11/19/2019)

Nov. 19, 2019 PACER
59

Motion for Extension of Time and Page Limitations for Motion for Class Certification and Supporting Memorandum. Expedited Hearing requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
60

Declaration of Marcia Robinson Lowry in support of Plaintiffs' Motion for Extension of Time and Page Limitations for Motion for Class Certification and Supporting Memorandum. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 59 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Southwick, Paul) (Entered: 11/22/2019)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Nov. 22, 2019 PACER
61

Motion for an Abatement of the Class Certification Schedule and Response to Plaintiff's Motion for an Extension. Oral Argument requested. Filed by All Defendants. (Wilson, Harry) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
62

Declaration of Greg Scott . Filed by All Defendants. (Related document(s): Motion - Miscellaneous 61 .) (Wilson, Harry) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
63

Response in Opposition to Motion for an Abatement of the Class Certification Schedule and Response to Plaintiff's Motion for an Extension 61 . Filed by All Plaintiffs. (Southwick, Paul) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
64

Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Southwick, Paul) (Entered: 12/09/2019)

1 Proposed Order

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Dec. 9, 2019 RECAP
65

Declaration of Amy Miller in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 64 .) (Southwick, Paul) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
66

Declaration of Thomas Stenson in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 64 .) (Southwick, Paul) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
67

Declaration of Marcia Robinson Lowry in support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 64 .) (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-10, # 3 Exhibit 11-16, # 4 Exhibit 17-21, # 5 Exhibit 22-26, # 6 Exhibit 27-31) (Southwick, Paul) (Attachment 1 replaced on 12/11/2019) (cw). (Entered: 12/09/2019)

2 Exhibit 8-10

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3 Exhibit 11-16

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4 Exhibit 17-21

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5 Exhibit 22-26

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6 Exhibit 27-31

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Dec. 9, 2019 PACER
68

Notice of Correction by Clerk regarding 67 Declaration (Exhibits 1-7). A Clerical error has been discovered in the case record: Exhibits 1-7 contained personal identifier information and required redaction. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment (attachment 1 - Exhibits 1-7).The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 12/11/2019)

Dec. 11, 2019 PACER

Correction of the Record

Dec. 11, 2019 PACER
69

Declaration of Dawn J. Post in support of Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 64 .) (Southwick, Paul) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
70

ORDER: Exhibits 1-7 attached to document 67 shall be sealed pending an in camera review . Ordered by Judge Ann L. Aiken. (ck) Modified to add document number on 12/11/2019 (ck). (Entered: 12/11/2019)

Dec. 11, 2019 PACER
71

Scheduling Order by Judge Ann L. Aiken. Telephonic Status Conference is set for 12/18/2019 at 09:30AM in Eugene by telephone before Judge Ann L. Aiken. The parties shall call in to the conference. Conference call information will be provided by the Court in a separate entry. Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/12/2019)

Dec. 12, 2019 PACER

Order

Dec. 12, 2019 PACER

1 - Scheduling

Dec. 12, 2019 PACER
72

Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Joyce, Anna) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
73

Declaration of Lauren F. Blaesing In Support of Defendants' Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Related document(s): Motion - Miscellaneous, 72 .) (Attachments: # 1 Exhibit, # 2 Exhibit) (Joyce, Anna) (Entered: 12/13/2019)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Dec. 13, 2019 PACER
74

Declaration of Rebecca K. Dodd In Support of Defendants' Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. Filed by All Defendants. (Related document(s): Motion - Miscellaneous, 72 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Joyce, Anna) (Entered: 12/13/2019)

1 Exhibit

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2 Exhibit

View on PACER

3 Exhibit

View on PACER

Dec. 13, 2019 PACER
75

Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Joyce, Anna) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
76

Response in Opposition to Motion to Permanently Seal Exhibit 3 to the Declaration of Marcia Robinson Lowry in Support of Named Plaintiff Children's Motion for Class Certification and to Have Plaintiffs Publicly Re-File a Redacted Version 75 Oral Argument requested. Filed by All Plaintiffs. (Southwick, Paul) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
77

Declaration of Dawn J. Post in support of Plaintiffs' Opposition to Defendants' Motionto Permanently Seal Exhibit 3. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, 76 .) (Attachments: # 1 Exhibit 1-7) (Southwick, Paul) (Entered: 12/16/2019)

1 Exhibit 1-7

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Dec. 16, 2019 PACER
78

ORDER: Granting Stipulated Motion to Substitute a Party and Change Case Caption 58 . Jana McLellan, the Interim Director of Child Welfare at the Oregon Department of Human Services is replaced by Rebecca Jones Gaston, Director of Child Welfare at the Oregon Department of Human Services. Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/17/2019)

Dec. 17, 2019 PACER

Order on Motion to Substitute Party

Dec. 17, 2019 PACER
79

ORDER: Having considered the parties' submissions, and to the extent that requests are not moot, plaintiffs' Motion for Extension of Time and Page Limitations 59 is GRANTED. Defendants' Motion for Abatement 61 is DENIED. To date, the parties have moved forward expeditiously with discovery and briefing, and the Court finds no good cause at present to stay the current stipulated deadlines. A separate order on the pending dispositive motion shall be issued prior to the close of briefing on the Motion to Certify the Class. Ordered on 12/17/2019 by Judge Ann L. Aiken. (rdr) (Entered: 12/17/2019)

Dec. 17, 2019 PACER
80

MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken regarding permanently sealing Exhibit 3 to the Declaration of Marcia Robinson Lowry 67 . The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Opinion to follow. Dawn Post, Marcia Lowry, Thomas Stenson present as counsel for plaintiffs. David Markowitz, Lauren Blaesing, Sheila Potter, Anit Jindal present as counsel for defendants. Court Reporter: Jan Duiven. (ck) (Entered: 12/18/2019)

Dec. 18, 2019 PACER

State / Territory: Oregon

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Foster children under the control of the Oregon Department of Human Services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of Child Welfare, State

Governor of Oregon, State

Oregon Department of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Family abuse and neglect

Foster care (benefits, training)

Juveniles

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

Relative caretakers

Siblings (visitation, placement)

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act