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Case: M.B. v. Colyer

2:18-cv-02617 | U.S. District Court for the District of Kansas

Filed Date: Nov. 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2018, children in the Kansas foster care system filed a class-action suit against the Governor of Kansas, the Kansas Department for Children and Families (DCF), the Kansas Department of Health and Environment, and the Kansas Department for Aging and Disability Services. The named plaintiffs allegedly experienced great hardship while involved in the Kansas foster care system, including dozens or even hundreds of moves, night-to-night changes, and starkly inadequate mental and behavioral diagn…

In 2018, children in the Kansas foster care system filed a class-action suit against the Governor of Kansas, the Kansas Department for Children and Families (DCF), the Kansas Department of Health and Environment, and the Kansas Department for Aging and Disability Services. The named plaintiffs allegedly experienced great hardship while involved in the Kansas foster care system, including dozens or even hundreds of moves, night-to-night changes, and starkly inadequate mental and behavioral diagnosis and treatment. The children involved in the foster care system often suffered from PTSD and other disorders that resulted from their housing displacement and did not receive the care they needed to cope with their conditions. One ten-year-old child was moved 70 times, including one three-month period where he was relocated to a new placement every night.

The plaintiffs sued under 42 U.S.C. § 1983 and the Medicaid Act. Plaintiffs argued that their rights to substantive due process were being abridged by the Governor and the DCF secretary. Additionally, they argued that the defendants had failed to provide plaintiffs and class members with diagnostic screening and treatment for trauma-related disorders and mental and behavioral health conditions as required under the Medicaid Act. Finally, the plaintiffs alleged that the defendants failed to provide medically necessary behavioral and mental health services for members of the plaintiff class who required treatment for mental health conditions.

The case was initially assigned to Judge John W. Lungstrum, but he later recused himself and was replaced by Judge Daniel D. Crabtree.

On July 3, Judge Crabtree granted a motion to dismiss Governor Laura Kelly, holding that she was protected from litigation under 11th amendment immunity.

After trying but failing initially to reach an agreement through alternative dispute resolution process, the parties reached a settlement agreement in July 2020. The settlement included goals for practice improvements with changes that the state agencies would be required to meet during a 12-month-period and hold for a further 2-month period to exit court supervision. Under the agreement, the state will be required to end the practice of housing children in offices and hotels, the use of night-to-night and temporary placements, overcrowding at placements, and stop delays related to housing in the provision of mental healthcare. The settlement has federal court enforceability, requires a neutral expert to validate performance and compliance, and will implement a new community accountability structure.

Judge Crabtree signed a preliminary order approving the settlement and class status on September 9, 2020. The certified class consisted of "all children who are now, or in the future will be, in the protective custody of the Department for Children and families pursuant to Kan. Stat. Ann. § 38-2242(c)(1)."

As of October 25, the case remains open.

Summary Authors

Gabrielle Simeck (10/25/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8202138/parties/katharyn-mcintyre-v-colyer/


Judge(s)

Birzer, Gwynne E. (Kansas)

Crabtree, Daniel D (Missouri)

Attorneys(s) for Plaintiff

Burns-Bucklew, Loretta E. (Missouri)

Diggs, William J (New Jersey)

Dixon, Stephen (New York)

Juneja, Poonam (California)

Kane, Joshua (New York)

King, Jonathan M (New York)

Lustbader, Ira P. (New York)

Magnuson, Arthur Benet (Kansas)

Judge(s)

Birzer, Gwynne E. (Kansas)

Crabtree, Daniel D (Missouri)

Attorneys(s) for Plaintiff

Burns-Bucklew, Loretta E. (Missouri)

Diggs, William J (New Jersey)

Dixon, Stephen (New York)

Juneja, Poonam (California)

Kane, Joshua (New York)

King, Jonathan M (New York)

Lustbader, Ira P. (New York)

Magnuson, Arthur Benet (Kansas)

Nardi, Marissa C (New York)

Pitts, Freya E. K. (California)

Rotenberg, Jeffrey (New York)

Rute, Larry R. (Kansas)

Sager, David S (New Jersey)

Schechtman, Caryn G (New York)

Theisen, Catherine C (Kansas)

Welch, Leecia (California)

Woody, Teresa A (Kansas)

Attorneys(s) for Defendant

Bradshaw, Jean Paul II (Missouri)

Campbell, Terrence J. (Kansas)

Day, Reid (Missouri)

Depew, Dennis D (Kansas)

Forsyth, Casey E (Kansas)

Fries, Brian C (Missouri)

Harse, Grant Allen (Missouri)

Josserand, Carrie E (Kansas)

Lawson, Corliss Scroggins (Kansas)

Rogers, Matthew J (Kansas)

Other Attorney(s)

Cooper, David R (Kansas)

Hatley, Heather (Missouri)

Johannsen, Derek G (Missouri)

Lawrence, James D (Missouri)

Regier, Kathryn A (Missouri)

Schultz, John G (Missouri)

Uzelac, Danielle Marie (Missouri)

Documents in the Clearinghouse

Document

2:18-cv-02617

Docket [PACER]

McIntyre v. Colyer

Sept. 9, 2020

Sept. 9, 2020

Docket
1

2:18-cv-02617

Complaint-Class Action

Nov. 16, 2018

Nov. 16, 2018

Complaint
63

2:18-cv-02617

First Amended Complaint-Class Action

M.B. v. Kelly

Sept. 6, 2019

Sept. 6, 2019

Complaint
79

2:18-cv-02617

Defendant's Motion to Dismiss Defendant Governor Laura Kelly

McIntyre v. Kelly

Oct. 25, 2019

Oct. 25, 2019

Pleading / Motion / Brief
118

2:18-cv-02617

Memorandum and Order

McIntyre v. Kelly

June 3, 2020

June 3, 2020

Order/Opinion
132

2:18-cv-02617

Joint Stipulation of Partial Dismissal of Named Plaintiffs V.A., M.J., R.R., and B.B.

M.B. v. Howard

July 8, 2020

July 8, 2020

Pleading / Motion / Brief
133-1

2:18-cv-02617

Settlement Agreement

M.B. v. Howard

July 8, 2020

July 8, 2020

Settlement Agreement
140

2:18-cv-02617

Order Granting Settlement Class, Granting Preliminary Approval of Settlement Agreement, Setting Hearing, and Approving Form and Manner of Class Notice

M.B. v. Howard

Sept. 9, 2020

Sept. 9, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8202138/katharyn-mcintyre-v-colyer/

Last updated Nov. 29, 2022, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4637310.), filed by C.A. through his next friend Allan Hazlett, J.M. through his next friend Ed Bigus, Z.Z. through her next friend Ashley Thorne, M.L. through her next friend Ashley Thorne, V.A. through his next friend Kathryn Ashburn, B.B. through her next friend Ashley Thorne, M.J. through his next friend Ed Bigus, M.B. and S.E. through their next friend Katharyn McIntyre, R.M. through his next friend Allan Hazlett. (Attachments: # 1 Designation of Place of Trial)(Rute, Larry) (Entered: 11/16/2018)

1 Designation of Place of Trial

View on PACER

Nov. 16, 2018

Nov. 16, 2018

RECAP
2

CIVIL COVER SHEET by Plaintiffs B.B. through her next friend Ashley Thorne, M.L. through her next friend Ashley Thorne, Z.Z. through her next friend Ashley Thorne, C.A. through his next friend Allan Hazlett, R.M. through his next friend Allan Hazlett, J.M. through his next friend Ed Bigus, M.J. through his next friend Ed Bigus, V.A. through his next friend Kathryn Ashburn, M.B. and S.E. through their next friend Katharyn McIntyre. (Rute, Larry) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER

SUMMONS ISSUED as to Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)

Nov. 16, 2018

Nov. 16, 2018

PACER

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W Lungstrum and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)

Nov. 16, 2018

Nov. 16, 2018

PACER

Notice of Judge Assignment

Nov. 16, 2018

Nov. 16, 2018

PACER

Summons Issued

Nov. 16, 2018

Nov. 16, 2018

PACER
3

MOTION for attorney Leecia Welch to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4642836.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
4

MOTION for attorney Freya Pitts to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4642886.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
5

MOTION for attorney Ira Lustbader to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4642913.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
6

MOTION for attorney Marissa C. Nardi to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4642975.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
7

MOTION for attorney Jonathan M. King to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4642995.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
8

MOTION for attorney Stephen A. Dixon to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4643024.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit, # 2 Exhibit)(Rute, Larry) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
9

ORDER granting 3, 4, 5, 6, 7, and 8 Motion to Appear Pro Hac Vice of Leecia Welch, Freya Pitts, Ira Lustbader, Marissa C. Nardi, Jonathan M. King and Stephen A. Dixon for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 11/27/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
10

ENTRY OF APPEARANCE by Corliss Scroggins Lawson on behalf of Gina Meier-Hummel (Lawson, Corliss) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
11

CLERKS ORDER EXTENDING TIME until 01/02/2019 for Defendant Gina Meier-Hummel to answer or otherwise plead Signed by deputy clerk on 11/27/2018. (ca) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
12

SUMMONS RETURNED EXECUTED -- Certified Mail by Kathryn Ashburn, Ashley Thorne, Ed Bigus, Katharyn McIntyre, Allan Hazlett upon Jeff Andersen served on 11/26/2018, answer due 12/17/2018 (Rute, Larry) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
13

SUMMONS RETURNED EXECUTED -- Certified Mail by Kathryn Ashburn, Ashley Thorne, Ed Bigus, Katharyn McIntyre, Allan Hazlett upon Jeff Colyer served on 11/26/2018, answer due 12/17/2018 (Rute, Larry) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
14

SUMMONS RETURNED EXECUTED -- Certified Mail by Kathryn Ashburn, Ashley Thorne, Ed Bigus, Katharyn McIntyre, Allan Hazlett upon Tim Keck served on 11/26/2018, answer due 12/17/2018 (Rute, Larry) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
15

SUMMONS RETURNED EXECUTED -- Certified Mail by Kathryn Ashburn, Ashley Thorne, Ed Bigus, Katharyn McIntyre, Allan Hazlett upon Gina Meier-Hummel served on 11/26/2018, answer due 1/2/2019 (Rute, Larry) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
16

MOTION for attorney Benet Magnuson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4658465.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Exhibit, # 2 Exhibit)(Rute, Larry) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
17

CLERKS ORDER EXTENDING TIME until 01/02/2019 for Defendants Jeff Andersen, Jeff Colyer, Tim Keck to answer or otherwise plead. Signed by deputy clerk on 12/13/2018. (ca) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
18

ORDER granting 16 Motion to Appear Pro Hac Vice of Arthur Benet Magnuson for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 12/13/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
19

MOTION for Extension of Time to File Answer by Defendants Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel (referred to Magistrate Judge Gwynne E. Birzer) (Depew, Dennis) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
20

MEMORANDUM IN OPPOSITION by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne re 19 MOTION for Extension of Time to File Answer (Rute, Larry) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
21

ORDER SETTING STATUS CONFERENCE: Status Conference set for 1/11/2019 at 01:30 PM by Telephone before Magistrate Judge Gwynne E. Birzer. All participants must call the CONFERENCE LINE at 1-888-363-4749, using ACCESS CODE 9686294. Signed by Magistrate Judge Gwynne E. Birzer on 1/7/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
22

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE held on 1/11/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
23

ORDER granting 19 Defendants' Motion for Extension of Time to File Responsive Pleading. The Court conducted a conference on 1/11/19 to discuss the above Motion. Plaintiffs appeared through counsel, Larry R. Rute; Leecia Welch; and Marissa C. Nardi. Defendants Jeff Colyer, Jeff Andersen, and Tim Keck appeared through counsel, Dennis Depew. Defendant Gina Meier-Hummel appeared through counsel, Corliss Scroggins Lawson. After reviewing the briefs and hearing argument of counsel, the Court finds good cause to grant Defendants' Motion. All Defendants shall answer or otherwise respond to the Complaint by 3/29/19. Signed by Magistrate Judge Gwynne E. Birzer on 1/11/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
24

Unopposed MOTION to Proceed Using Pseudonyms by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Rute, Larry) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
25

ORDER granting 24 Plaintiffs' Unopposed Motion to Proceed Using Pseudonyms and Memorandum in Support. Signed by Magistrate Judge Gwynne E. Birzer on 1/23/19. (rel) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
26

STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Magistrate Judge Gwynne E. Birzer on 2/8/19. (rel) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
27

ENTRY OF APPEARANCE by Loretta Ellen Burns-Bucklew on behalf of All Plaintiffs. (Burns-Bucklew, Loretta) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
28

ENTRY OF APPEARANCE by Terrence J. Campbell on behalf of All Defendants (Campbell, Terrence) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
29

ENTRY OF APPEARANCE by Catherine C. Theisen on behalf of All Defendants (Theisen, Catherine) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
30

ENTRY OF APPEARANCE by Matthew Rogers on behalf of All Defendants (Rogers, Matthew) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
31

ENTRY OF APPEARANCE by Teresa A. Woody on behalf of All Plaintiffs. (Woody, Teresa) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
32

NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Benet Magnuson as to All Plaintiffs (Rute, Larry) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
33

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendants Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel (referred to Magistrate Judge Gwynne E. Birzer) (Campbell, Terrence) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
34

ORDER granting 33 Defendants' Unopposed Motion for Extension of Time to Answer. Defendants' deadline to answer or otherwise respond to the Complaint is April 1, 2019. Signed by Magistrate Judge Gwynne E. Birzer on 3/28/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER

Order on Motion for Extension of Time to Answer

March 28, 2019

March 28, 2019

PACER
35

Joint MOTION for Extension of Time to File Answer re 1 Complaint (attorney), by Defendants Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel (referred to Magistrate Judge Gwynne E. Birzer) (Campbell, Terrence) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
36

ORDER granting 35 Joint Motion for Extension of Time. Defendants time period to answer the Complaint is extended to 4/29/19. Signed by Magistrate Judge Gwynne E. Birzer on 4/1/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER

Order on Motion for Extension of Time to Answer

April 1, 2019

April 1, 2019

PACER
37

NOTICE of Substitution Pursuant to Fed. R. Civ. P. 25(d) by Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel (Campbell, Terrence) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER

DOCKET ANNOTATION: All party names for the defendants have been updated per 37 NOTICE of Substitution Pursuant to Fed. R. Civ. P. 25(d). (tvn)

April 4, 2019

April 4, 2019

PACER

Docket Annotation

April 4, 2019

April 4, 2019

PACER
38

MOTION for attorney David S. Sager to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4789939.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of David S. Sager iso Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form)(Rute, Larry) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
39

MOTION for attorney William J. Diggs to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4789954.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of William J. Diggs iso Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form)(Rute, Larry) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
40

MOTION for attorney Poonam Juneja to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4790121.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of Poonam Juneja in Support of Motion for Leave to Appear Pro Hac Vice, # 2 ECF Registration Form)(Rute, Larry) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
41

ORDER granting 39 Motion to Appear Pro Hac Vice of William J. Diggs for Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre and Ashley Thorne pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 4/29/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
42

ORDER granting 40 Motion to Appear Pro Hac Vice of Poonam Juneja for Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre and Ashley Thorne pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 4/29/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
43

ORDER granting 38 Motion to Appear Pro Hac Vice of David S Sager for Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, and Ashley Thorne pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 4/29/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alm) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
44

ANSWER to Complaint by Jeff Andersen, Jeff Colyer, Tim Keck, Gina Meier-Hummel.(Campbell, Terrence) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER

Order on Motion to Appear Pro Hac Vice

April 29, 2019

April 29, 2019

PACER
45

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: In-Person Scheduling Conference set for 6/13/2019 at 10:30 AM in KC Courtroom 236 before Magistrate Judge Gwynne E. Birzer. Report of Parties Planning Meeting and Rule 26 Initial Disclosures due by 6/6/2019. Signed by Magistrate Judge Gwynne E. Birzer on 5/7/19. (rel) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER
46

AMENDED INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/8/2019 at 10:00 AM in KC Courtroom 236 before Magistrate Judge Gwynne E. Birzer. The parties shall hold their Rule 26(f)conference no later than 6/27/2019. Report of Parties Planning Meeting deadline and Rule 26 Initial Disclosures deadline is 7/1/2019. Signed by Magistrate Judge Gwynne E. Birzer on 5/21/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(rel) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER

Setting Scheduling Conference

May 21, 2019

May 21, 2019

PACER
47

ENTRY OF APPEARANCE by Casey E. Forsyth on behalf of Laura Howard, Laura Kelly, Lee A. Norman (Forsyth, Casey) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
48

CERTIFICATE OF SERVICE of Plaintiffs' Initial Disclosures by Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (Woody, Teresa) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
49

NOTICE OF SERVICE by Laura Howard, Laura Kelly, Lee A. Norman of Defendants' Initial Disclosures (Rogers, Matthew) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
50

CERTIFICATE OF SERVICE of Plaintiffs' First Sets of Requests for Production of Documents by Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (Woody, Teresa) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
52

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer: SCHEDULING CONFERENCE held on 7/8/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 07/09/2019)

July 8, 2019

July 8, 2019

PACER
51

PROCEDURES FOR THE PRODUCTION OF DOCUMENTS (ESI PROTOCOL). Signed by Magistrate Judge Gwynne E. Birzer on 7/9/2019. (rel) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
53

SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 8/19/2019. Mediation deadline 12/16/2019. Discovery deadline 1/8/2021. Proposed Pretrial Order due by 1/22/2021. Final Pretrial Conference set for 2/4/2021 at 11:00 AM in Wichita Courtroom 326 before Magistrate Judge Gwynne E. Birzer.Dispositive motion deadline 2/18/2021. Court Trial set for 9/7/2021 at 09:30 AM in KC Courtroom 440 before District Judge John W. Lungstrum - estimated trial time 10 days. Signed by Magistrate Judge Gwynne E. Birzer on 7/9/2019. (rel) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER

Scheduling Conference

July 9, 2019

July 9, 2019

PACER
54

NOTICE of Screened Attorney by Laura Howard, Laura Kelly, Lee A. Norman (Campbell, Terrence) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
55

JOINT MEDIATION NOTICE - Mediation to be held October 24, 2019 by Laura Howard, Laura Kelly, Lee A. Norman re 53 Scheduling Order,, (Campbell, Terrence) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

RECAP
56

NOTICE by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne of taking deposition of Kansas Department for Children and Families (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Woody, Teresa) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
57

Unopposed MOTION for Leave to Amend Complaint re 1 Complaint (attorney),, by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Exhibit A)(Woody, Teresa) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
58

Unopposed MOTION to Proceed Using Pseudonyms by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Woody, Teresa) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
59

NOTICE of Errata by Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne re 57 Unopposed MOTION for Leave to Amend Complaint re 1 Complaint (attorney),, (Attachments: # 1 Corrected Exhibit A)(Woody, Teresa) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
60

NOTICE of Discovery Stipulation by Laura Howard, Laura Kelly, Lee A. Norman (Campbell, Terrence) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
61

ORDER granting 57 Plaintiffs' Unopposed Motion for Leave to File First Amended Complaint. Plaintiffs shall file their First Amended Complaint within five days of the date of this Order. Due to the length of the Complaint, Defendants shall have 21 days to answer. Signed by Magistrate Judge Gwynne E. Birzer on 9/6/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
62

ORDER granting 58 Plaintiff's Unopposed Motion to Proceed Using Pseudonyms. Signed by Magistrate Judge Gwynne E. Birzer on 9/6/2019. (rel) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
63

AMENDED COMPLAINT against Laura Howard, Laura Kelly, Lee A. Norman, filed by Kathryn Ashburn, Ashley Thorne, Ed Bigus, Katharyn McIntyre, Allan Hazlett.(Woody, Teresa) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

RECAP

Order on Motion for Leave to Amend Complaint

Sept. 6, 2019

Sept. 6, 2019

PACER
64

WITHDRAWAL OF COUNSEL by Terrence J. Campbell, Catherine C. Theisen, Matthew Rogers, Casey E. Forsyth, Dennis D. Depew and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Jean Paul Bradshaw, II on behalf of All Defendants (Bradshaw, Jean) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
65

Unopposed MOTION for Extension of Time to File Answer re 63 Amended Complaint by Defendants Laura Howard, Laura Kelly, Lee A. Norman (referred to Magistrate Judge Gwynne E. Birzer) (Bradshaw, Jean) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
66

ORDER granting 65 Unopposed Motion for Extension of Time to Answer First Amended Complaint. Defendants' answer due 10/7/2019. Signed by Magistrate Judge Gwynne E. Birzer on 9/27/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER

Order on Motion for Extension of Time to Answer

Sept. 27, 2019

Sept. 27, 2019

PACER
67

AMENDED NOTICE by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne of taking deposition of Kansas Department for Children and Families (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Woody, Teresa) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
68

MOTION for Leave to file Answer to First Amended Complaint by Defendants Laura Howard, Laura Kelly, Lee A. Norman (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Exhibit A - Answer to First Amended Complaint)(Bradshaw, Jean) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
69

ENTRY OF APPEARANCE by Brian C. Fries on behalf of Laura Howard, Laura Kelly, Lee A. Norman. (Fries, Brian) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
70

ENTRY OF APPEARANCE by Carrie E. Josserand on behalf of Laura Howard, Laura Kelly, Lee A. Norman. (Josserand, Carrie) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
71

ENTRY OF APPEARANCE by Reid Day on behalf of Laura Howard, Laura Kelly, Lee A. Norman. (Day, Reid) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
72

STATEMENT re 68 MOTION for Leave to file Answer to First Amended Complaint (Non-Opposition) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne. (Woody, Teresa) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
73

ORDER granting 68 Defendants' Motion for Leave to File Answer. Defendants shall file their Answer to Plaintiffs' Amended Complaint without delay. Signed by Magistrate Judge Gwynne E. Birzer on 10/10/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
74

ANSWER to 63 Amended Complaint by Laura Howard, Laura Kelly, Lee A. Norman.(Bradshaw, Jean) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER

Order on Motion for Leave to File

Oct. 10, 2019

Oct. 10, 2019

PACER
75

CERTIFICATE OF SERVICE of Responses and Objections of Defendants to Plaintiffs' First Requests for Production of Documents by Laura Howard, Laura Kelly, Lee A. Norman. (Bradshaw, Jean) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
76

ENTRY OF APPEARANCE by Grant Allen Harse on behalf of All Defendants (Harse, Grant) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
77

MOTION for attorney Joshua Kane to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4957241.) by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: # 1 Affidavit of Joshua Kane, # 2 ECF Registration Form)(Woody, Teresa) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
78

ORDER granting 77 Motion to Appear Pro Hac Vice of Joshua Kane for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Gwynne E. Birzer on 10/24/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rel) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 24, 2019

Oct. 24, 2019

PACER
79

MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Defendant Governor Laura Kelly by Defendant Laura Kelly (Bradshaw, Jean) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

RECAP
80

MEMORANDUM IN SUPPORT of 79 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Defendant Governor Laura Kelly by Defendant Laura Kelly(Bradshaw, Jean) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

RECAP
81

Unopposed MOTION for Extension of Time to File Response as to 79 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Defendant Governor Laura Kelly by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (Woody, Teresa) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
82

Unopposed MOTION for extension of time to File Potential Motions to Compel Regarding Discovery Responses by Plaintiffs Kathryn Ashburn, Ed Bigus, Allan Hazlett, Katharyn McIntyre, Ashley Thorne (referred to Magistrate Judge Gwynne E. Birzer) (Woody, Teresa) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
83

ORDER granting 81 Plaintiffs' Unopposed Motion for Extension of Time to File Response re 79 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Defendant Governor Laura Kelly and the Response deadline is extended to 12/30/2019. Signed by District Judge John W. Lungstrum on 11/08/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 8, 2019

Nov. 8, 2019

PACER

MOTION REFERRAL to Magistrate Judge REMOVED as to: 81 Unopposed MOTION for Extension of Time to File Response as to 79 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Defendant Governor Laura Kelly . The motion will be resolved by the District Judge.(rel)

Nov. 8, 2019

Nov. 8, 2019

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All children who are now, or in the future will be, in the protective custody of the Department for Children and families pursuant to Kan. Stat. Ann. § 38-22429(c)(1).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kansas Governor, State

Kansas Department for Aging and Disability Services Secretary, State

Kansas Department for Children and Families, State

Kansas Department of Health and Environment, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process: 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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2021 - 2024

Issues

General:

Foster care (benefits, training)

Juveniles

Neglect by staff

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Benefit Source:

Medicaid