Case: Wright v. Family Support Division

4:19-cv-00398 | U.S. District Court for the Eastern District of Missouri

Filed Date: March 4, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 4, 2019, two named plaintiffs filed suit in the U.S. District Court for the Eastern District of Missouri against the Missouri Department of Social Services Family Support Division as well as the Governor of Missouri, the Director of the Missouri Department of Social Services, the Director of the Family Support Division, the Director of the Department of Revenue and the Director of the Motor Vehicle and Driver Licensing Division.Under Missouri law, the Family Support Division (“FSD”) ha…

On March 4, 2019, two named plaintiffs filed suit in the U.S. District Court for the Eastern District of Missouri against the Missouri Department of Social Services Family Support Division as well as the Governor of Missouri, the Director of the Missouri Department of Social Services, the Director of the Family Support Division, the Director of the Department of Revenue and the Director of the Motor Vehicle and Driver Licensing Division.

Under Missouri law, the Family Support Division (“FSD”) has the authority to issue an order suspending the driver’s license of non-custodial parents that owe at least three months’ worth of child support payments or at least $2,500, whichever is less. The complaint challenged the statute, alleging that it perpetuates a cycle of poverty by unconstitutionally suspending the driver’s licenses of parents who are unable to pay child support. The plaintiffs brought suit under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 and the Fourteenth Amendment.

The complaint alleged that the statute makes no inquiry into the reason for the nonpayment before ordering a license suspension and provides no notice about the procedure for contesting suspension. The plaintiffs claimed that the statute drives parents further into poverty because these individuals often lose their jobs because of lack of reliable transportation to travel to work. Further, parents who have had their licenses suspended are often unable to visit or help care for their children. Furthermore, the complaint raised the issue that noncustodial parents who cannot afford to make their child support payments are already criminalized under a different Missouri law that is punishable with fines and jail time.

The complaint alleged that once the licenses are suspended, it is extremely difficult to obtain reinstatement, even if the parent manages to start making regular payments because the reinstatement process is entirely without clear process, guidelines or communication. The plaintiffs argued that even attorneys making in-person visits to the child support offices, filing petitions with FSD, requesting hearings, and communicating directly with FSD could not navigate the process successfully.

Thus, the plaintiffs claimed that FSD’s indefinite suspension of non-custodial parents’ driver’s licenses because of their inability to pay child support violates their constitutional rights under the Equal Protection and Due Process Clauses. Specifically, the plaintiffs claimed that the suspensions violate substantive due process because they discriminate on the basis of wealth and are not narrowly tailored to the collection of child support, the best interests of children, or any compelling government interest. The complaint further alleged that the suspensions infringe on plaintiffs’ substantive due process because it violates their fundamental right to travel and violates their procedural due process because FSD does not guarantee a hearing or provide notice of a hearing. The complaint also alleged that the suspensions deprive the plaintiffs of equal protection because the defendants use their unique position as government actors to use debt collection methods that are not available to private creditors.

The two named plaintiffs filed the complaint on behalf of themselves and a class, defined as anyone who has had or will have his or her driver’s license suspended due to an inability to pay child support. The class sought declaratory and injunctive relief to enjoin the defendants from ordering and enforcing driver’s license suspensions, reinstate plaintiffs’ and class members’ driver’s licenses and grant reasonable attorneys’ fees and costs to the plaintiffs.

On August 30, 2019, the plaintiffs filed an amended complaint. The amended pleading added two new named defendants and supplemented the factual allegations of the original complaint. After filing their amended complaint, Plaintiffs filed a motion for a preliminary injunction and a motion to certify a class on November 1, 2019.

The case was first assigned to District Judge Ronnie L. White and later reassigned to District Judge Rodney W. Sippel on February 5, 2020. On May 1, 2019, the court partially granted the defendant’s motion to dismiss for failure to state a claim on all counts except the plaintiffs’ claim for violation of procedural due process. 2020 WL 2104766.

The case proceeded to discovery. On July 28, 2020, the court denied the plaintiffs’ Motion to Certify Class without prejudice and instructed the plaintiffs to refile it after the court issues an amended case management order. On September 24, 2020, the court held the plaintiffs Motion for Preliminary Injunction, filed on June 1, 2020, in abeyance until the court receives notification from the defendants that they plan to resume issuing new license suspensions for failure to pay child support.

The case remains ongoing.

Summary Authors

Rebecca Fisher (10/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14587123/parties/wright-v-missouri-department-of-social-services-family-support-division/


Judge(s)

Sippel, Rodney W. (Missouri)

Attorneys(s) for Plaintiff

Hatton, Marissa (District of Columbia)

Lummus, Stephanie Michelle (Missouri)

Ramaswamy, Rebecca R. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Phillips, Robert Woods (Missouri)

Robb, Laura M (Missouri)

Schmitt, Eric (Missouri)

Judge(s)

Sippel, Rodney W. (Missouri)

Attorneys(s) for Plaintiff

Hatton, Marissa (District of Columbia)

Lummus, Stephanie Michelle (Missouri)

Ramaswamy, Rebecca R. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Phillips, Robert Woods (Missouri)

Robb, Laura M (Missouri)

Schmitt, Eric (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Wright v. Missouri Department of Social Services

Oct. 1, 2020 Docket
1

Class Action Jury Demanded

March 4, 2019 Complaint
22

Plaintiffs' Amended Complaint

Aug. 30, 2019 Complaint
45

Plaintiffs' Motion for Preliminary Injunction

Nov. 1, 2019 Pleading / Motion / Brief
46

Plaintiffs' Motion for Class Certification

Nov. 1, 2019 Pleading / Motion / Brief
50

Defendants' Memorandum in Support of Their Motion to Dismiss Plaintiffs' Amended Complaint

Nov. 8, 2019 Pleading / Motion / Brief
49

Defendants' Motion to Dismiss Plaintiffs' Amended Complaint

Nov. 8, 2019 Pleading / Motion / Brief
80

Memorandum and Order

Wright v. Family Support Division of Missouri Department of Social Services

458 F.Supp.3d 1098, 2020 WL 2104766

May 1, 2020 Order/Opinion
83

Plaintiffs' Motion for Preliminary Injunction

June 1, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Wright v. Family Support Division

Equal Justice Under Law

In Missouri, the Family Support Division (FSD) has made the inability to complete childcare payments the first step in a downward spiral of criminal culpability. The FSD has the authority to suspend … March 4, 2019 https://equaljusticeunderlaw.org/...

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14587123/wright-v-missouri-department-of-social-services-family-support-division/

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

ECF Number Description Date Link
1

COMPLAINT against defendant All Defendants with receipt number 0865-7070147, in the amount of $400 Jury Demand,, filed by Nathan Wright, Camese Bedford. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Exhibit Ex. 1, Wright Declaration, # 4 Exhibit Ex. 2, Wright Driver Record, # 5 Exhibit Ex. 3, Bedford Declaration, # 6 Exhibit Ex. 4, Bedford Driver Record, # 7 Exhibit Ex. 5, Bedford Payment Information, # 8 Exhibit Ex. 6, Lummus Declaration, # 9 FSD Summons, # 10 Parson Summons, # 11 Corsi Summons, # 12 Luebbering Summons, # 13 Walter Summons, # 14 Bemboom Summons)(Ramaswamy, Rebecca) (Entered: 03/04/2019)

1 Civil Cover Sheet

View on PACER

2 Original Filing Form

View on PACER

3 Exhibit Ex. 1, Wright Declaration

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4 Exhibit Ex. 2, Wright Driver Record

View on PACER

5 Exhibit Ex. 3, Bedford Declaration

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6 Exhibit Ex. 4, Bedford Driver Record

View on PACER

7 Exhibit Ex. 5, Bedford Payment Information

View on PACER

8 Exhibit Ex. 6, Lummus Declaration

View on PACER

9 FSD Summons

View on PACER

10 Parson Summons

View on PACER

11 Corsi Summons

View on PACER

12 Luebbering Summons

View on PACER

13 Walter Summons

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14 Bemboom Summons

View on PACER

March 4, 2019 RECAP

Case Opening Notification

March 4, 2019 PACER
2

NOTICE OF PROCESS SERVER by Plaintiffs Camese Bedford, Nathan Wright (Ramaswamy, Rebecca) (Entered: 03/04/2019)

March 4, 2019 PACER

Case Opening Notification: 6 Summons(es) issued. The summons were emailed to attorney Rebecca Rose Ramaswamy. Judge Assigned: U.S. District Judge Ronnie L. White. (BAK)

March 4, 2019 PACER
3

ENTRY of Appearance by Phil Telfeyan for Plaintiffs Camese Bedford, Nathan Wright. (Telfeyan, Phil) (Entered: 03/08/2019)

March 8, 2019 PACER
4

ENTRY of Appearance by Stephanie Michelle Lummus for Plaintiffs Camese Bedford, Nathan Wright. (Lummus, Stephanie) (Entered: 03/08/2019)

March 8, 2019 PACER
5

ENTRY of Appearance by Laura M. Robb for Defendants Jackie Bemboom, Steve Corsi, Patrick Luebbering, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joel Walter. (Robb, Laura) (Entered: 04/04/2019)

April 4, 2019 PACER
6

STIPULATION Joint Stipulation Regarding Amended Complaint and Responsive Deadlines by Defendants Jackie Bemboom, Steve Corsi, Patrick Luebbering, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joel Walter. (Robb, Laura) (Entered: 04/05/2019)

April 5, 2019 PACER
7

SUMMONS Returned Executed filed by Nathan Wright, Camese Bedford. All Defendants. (Ramaswamy, Rebecca) (Entered: 04/09/2019)

April 9, 2019 PACER
8

ENTRY of Appearance by Robert Woods Phillips for Defendants Jackie Bemboom, Steve Corsi, Patrick Luebbering, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joel Walter. (Phillips, Robert) (Entered: 04/09/2019)

April 9, 2019 PACER
9

Joint MOTION for Leave to File in Excess of Page Limitation and Extension of Briefing Deadlines by Plaintiffs Camese Bedford, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 04/18/2019)

April 18, 2019 PACER
10

ORDER: IT IS HEREBY ORDERED that the Joint Motion to File in Excess of Page Limit and for Extension of Briefing Deadlines (ECF No. 9 ) is DENIED without prejudice. The Court will issue an Order Setting Rule 16 Conference by separate order. Signed by District Judge Ronnie L. White on April 22, 2019. (BRP) (Entered: 04/22/2019)

April 22, 2019 PACER
11

RULE 16 ORDER: This case is assigned to Track: 2 (Standard). Joint Scheduling Plan due by 5/10/2019. Rule 16 Conference set for 5/17/2019 11:00 AM in Courtroom 10S before District Judge Ronnie L. White. Signed by District Judge Ronnie L. White on April 22, 2019. (BRP) (Entered: 04/22/2019)

April 22, 2019 PACER
12

JOINT SCHEDULING PLAN by Plaintiffs Camese Bedford, Nathan Wright. . (Ramaswamy, Rebecca) (Entered: 05/10/2019)

May 10, 2019 PACER
13

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Ronnie L. White: Rule 16 Conference held on 5/17/2019. Conference held in person. CMO to issue. (Court Reporter:Susan Moran, Susan_Moran@moed.uscourts.gov, 314-244-7983) (proceedings started: 10:58 AM) (proceedings ended: 11:24 AM)(Deputy Clerk: A. Cordray)(Appearance for Plaintiff: Phil Telfeyan, Stephanie Lummus)(Appearance for Defendant: Laura Robb, Robert Phillips) (AFC) (Entered: 05/17/2019)

May 17, 2019 PACER

Rule 16 Conference

May 17, 2019 PACER
14

CASE MANAGEMENT ORDER This case is assigned to Track: Two Motion to Join Parties due by 9/13/2019. Discovery Completion due by 12/2/2019. Non-Dispositive Motions due by 12/13/2019. ADR Future Reference 7/19/2019. Dispositive Motions due by 12/16/2019. Jury Trial set for 8/17/2020 09:00 AM in Courtroom 10S before District Judge Ronnie L. White. Pretrial Compliance due by 7/28/2020. Motion in Limine due by 8/7/2020. [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 05/17/2019. (KCB) (Entered: 05/17/2019)

May 17, 2019 PACER

NextGen Remark

May 21, 2019 PACER

NOTICE: IF YOU HAVE ALREADY UPGRADED YOUR PACER ACCOUNT YOU CAN DISREGARD THIS NOTICE. IF YOU DO NOT UPGRADE YOU WILL NOT BE ABLE TO FILE IN THE SYSTEM AFTER MAY 31, 2019. PLEASE UPGRADE IMMEDIATELY. If you are using a shared account to file cases, you will need to create an individual account; instructions can be found at:https://www.moed.uscourts.gov/sites/moed/files/Register-for-New-PACER-account.pdf. If you already have an individual account, it will need to be upgraded; instructions can be found https://www.moed.uscourts.gov/sites/moed/files/Upgrade-Current-PACER-Account.pdf. If you need further assistance contact the MOED CM/ECF Help Desk at 314-244-7650 or moedml_cmecf_help@moed.uscourts.gov. (CSAW)

May 21, 2019 PACER
15

MEMORANDUM Certificate of Service by Defendants Jackie Bemboom, Steve Corsi, Patrick Luebbering, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joel Walter. (Phillips, Robert) (Entered: 06/03/2019)

June 3, 2019 PACER
16

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Phil Telfeyan ADR Completion Deadline due by 9/3/2019. ADR Compliance Report Deadline due by 9/23/2019. Designation of Neutral/Conference Report due by 8/13/2019.[SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 07/09/2019. (KCB) (Entered: 07/09/2019)

July 9, 2019 PACER
17

NOTICE of Change of Address filed by Stephanie Michelle Lummus. (Lummus, Stephanie) Address Change in CM/ECF on 7/10/2019 (CMC). (Entered: 07/09/2019)

July 9, 2019 PACER
18

MOTION for Pro Bono Neutral by Plaintiffs Camese Bedford, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 07/22/2019)

July 22, 2019 PACER
19

ORDER: IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion for Appointment of Pro Bono Neutral (ECF No. 18 ) is GRANTED. IT IS FURTHER ORDERED that Professor Karen Tokarz, Washington University School of Law, One Brookings Drive, Campus Box 1120, St. Louis, MO 63130, is appointed as pro bono neutral, and Plaintiffs share of the neutral's fees is hereby waived. The pro bono neutral shall file a Request for Reimbursement of Services form (see Pro Bono Neutral's Request for Reimbursement of Services, www.moed.uscourts.gov, form MOED-0024) upon the completion of ADR. IT IS FINALLY ORDERED that the Clerk of the Court shall email a copy of this Order and Plaintiffs' motion (ECF No. 18 ) to Professor Karen Tokarz at tokarz@wustl.edu. Nothing in this Order alters the Case Management Order previously entered in this case. All deadlines set forth in the Case Management Order shall remain in full force and effect and will be modified only upon a showing of exceptional circumstances. Signed by District Judge Ronnie L. White on 07/23/2019. (TMT) (Entered: 07/23/2019)

July 23, 2019 PACER
20

MOTION for Extension of Time to Complete Mediation by Plaintiffs Camese Bedford, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 08/13/2019)

Aug. 13, 2019 PACER
21

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Extension of Deadline for Mediation [ECF No. 20] is GRANTED. IT IS FURTHER ORDERED that the ADR conference(s) shall be concluded by October 15, 2019, and lead counsel shall notify the clerk of the date, time, and location of the conference by September 24, 2019. Signed by District Judge Ronnie L. White on 8/14/19. (ALM) (Entered: 08/14/2019)

Aug. 14, 2019 PACER

A Docket Text Order

Aug. 14, 2019 PACER
22

AMENDED COMPLAINT against defendant Missouri Department of Social Services Family Support Division, Michael L. Parson, Jennifer Tidball, Kenneth Zellers, Reginald McElhannon, Joseph Plaggenberg,Terminating Patrick Luebbering (in his official capacity as Director of the Family Support Division), Joel Walter (in his official capacity as Director of the Department of Revenue), Jackie Bemboom (in her official capacity as Director of the Motor Vehicle and Driver Licensing Division) and Steve Corsi (in his official capacity as Director of the Missouri Department of Social Services), filed by Camese Bedford, Nathan Wright, Ashley Gildehaus, Lisa Mancini. (Attachments: # 1 Exhibit Wright Decl, # 2 Exhibit Wright Driver Record, # 3 Exhibit Bedford Decl, # 4 Exhibit Bedford Driver Record, # 5 Exhibit Gildehaus Decl, # 6 Exhibit Gildehaus Driver Record, # 7 Exhibit Mancini Decl, # 8 Exhibit Mancini Driver Record, # 9 Exhibit Lummus Decl, # 10 Exhibit Suspension Flowchart)(Ramaswamy, Rebecca) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
23

MOTION to Amend/Correct 14 Case Management Order,, and Request for Status Conference by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Attachments: # 1 Exhibit 1 - Plaintiffs' Initial Disclosures, # 2 Exhibit 2 - Plaintiffs' First Set of Interrogatories, # 3 Exhibit 3 - Plaintiffs' Second Set of Interrogatories, # 4 Exhibit 4 - Plaintiffs' Third Set of Interrogatories)(Robb, Laura) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
24

RESPONSE in Opposition re 23 MOTION to Amend/Correct 14 Case Management Order,, and Request for Status Conference filed by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Attachments: # 1 Exhibit June 13-14 Email Exchange, # 2 Exhibit Pls' Deficiency Letter, # 3 Exhibit Aug 16-19 Email Exchange, # 4 Exhibit Aug 21-23 Email Exchange, # 5 Exhibit Aug 27 Email Exchange, # 6 Exhibit Defs' Letter Aug 28, # 7 Exhibit Pls' Letter Aug 29, # 8 Exhibit Aug 27 Email Re Depo Notices, # 9 Exhibit Sep 3 Email, # 10 Exhibit Sep 4 Email Re 30(b)(6) Depo Notices)(Ramaswamy, Rebecca) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
25

REPLY to Response to Motion re 23 MOTION to Amend/Correct 14 Case Management Order,, and Request for Status Conference filed by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
26

ORDER : IT IS HEREBY ORDERED that Defendants' Motion to Amend Case Management Order and Request for Status Conference (ECF No. 23 ) is GRANTED as to the motion to amend the CMO and DENIED as to the motion for a status conference. IT IS FURTHER ORDERED that the parties shall submit an Amended Joint Proposed Scheduling Plan no later than September 16, 2019. ( Joint Scheduling Plan due by 9/16/2019.) Signed by District Judge Ronnie L. White on 09/09/2019. (KCB) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
27

JOINT SCHEDULING PLAN by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. . (Ramaswamy, Rebecca) (Entered: 09/16/2019)

Sept. 16, 2019 PACER
28

MOTION to Exclude Plaintiffs' Presence at Mediation Conference by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 09/18/2019)

Sept. 18, 2019 PACER
29

Designation of Neutral by parties and ADR Conference Report by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright Neutral: Tokarz, Karen L. Date of Conference: September 30, 2019 time: 9:00am Location: US Arbitration & Mediation, 500 N. Broadway, #1800 St. Louis, MO, 63102(Ramaswamy, Rebecca) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
30

AMENDED CASE MANAGEMENT ORDER: This case is assigned to Track: Two. [SEE ORDER FOR FURTHER DETAILS] (Motion to Join Parties due by 9/13/2019. Discovery Completion due by 3/2/2020. Non-Dispositive Motions due by 3/13/2020. Dispositive Motions due by 3/16/2020. Jury Trial set for 8/17/2020 09:00 AM in Courtroom 10S before District Judge Ronnie L. White. Pretrial Compliance due by 7/28/2020. Motion in Limine due by 8/7/2020.) Signed by District Judge Ronnie L. White on 09/19/2019. (TMT) (Entered: 09/19/2019)

Sept. 19, 2019 PACER
31

NOTICE of Appointment of Neutral. Neutral name: Tokarz, Karen L. Neutral selected by Court. (cc: Neutral) (BRP) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
32

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Unopposed Motion Requesting to be Excused from Attending Mediation [ECF No. 28] is GRANTED. Signed by District Judge Ronnie L. White on 9/23/19. (ALM) (Entered: 09/23/2019)

Sept. 23, 2019 PACER

A Docket Text Order

Sept. 23, 2019 PACER
33

Joint MOTION to Amend/Correct 30 Case Management Order - Amended, by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
34

Docket Text ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion to Amend Briefing Schedule and ADR Deadline in Case Management Order [ECF No. 33] is GRANTED. IT IS FURTHER ORDERED that all deadlines for the briefing schedule on plaintiff's motion for class certification in paragraph 5 of the Amended CMO shall be extended by seven (7) days. IT IS FURTHER ORDERED that the parties shall complete ADR by October 18, 2019. IT IS FINALLY ORDERED that the hearing on class certification set for November 12, 2019 is CANCELED and will be rescheduled at a later date. Signed by District Judge Ronnie L. White on 10/7/19. (ALM) (Entered: 10/07/2019)

Oct. 7, 2019 PACER

A Docket Text Order

Oct. 7, 2019 PACER
35

ADR COMPLIANCE REPORT - Neutral: Tokarz, Karen L. Date of Conference: 09/30/2019. The parties participated in good faith. The parties did not achieve a settlement. (TMT) (Entered: 10/07/2019)

Oct. 7, 2019 PACER
36

Docket Text ORDER: IT IS HEREBY ORDERED that a hearing on the motion for class certification is set for Wednesday, December 11, 2019 at 2:00 p.m. in Courtroom 10 South. Signed by District Judge Ronnie L. White on 10/16/19. (ALM) (Entered: 10/16/2019)

Oct. 16, 2019 PACER

A Docket Text Order

Oct. 16, 2019 PACER
37

Joint MOTION to Amend/Correct 34 Docket Text Order,, 30 Case Management Order - Amended, by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 10/21/2019)

Oct. 21, 2019 PACER
38

Docket Text ORDER: IT IS HEREBY ORDERED that no later than October 25, 2019, the parties shall submit an amended joint proposed scheduling plan setting forth firm dates with which the parties can comply. IT IS FURTHER ORDERED that the Joint Motion to Amend Briefing Schedule [ECF No. 37] is DENIED as MOOT. Signed by District Judge Ronnie L. White on 10/22/19. (ALM) (Entered: 10/22/2019)

Oct. 22, 2019 PACER

A Docket Text Order

Oct. 22, 2019 PACER
39

Joint MOTION to Amend/Correct 30 Case Management Order - Amended, by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 10/25/2019)

Oct. 25, 2019 PACER
40

Joint MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 10/25/2019)

Oct. 25, 2019 PACER
41

Docket Text ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion to File in Excess of Page Limitation [ECF No. 40] is GRANTED. Signed by District Judge Ronnie L. White on 10/28/19. (ALM) (Entered: 10/28/2019)

Oct. 28, 2019 PACER

A Docket Text Order

Oct. 28, 2019 PACER
42

AMENDED CASE MANAGEMENT ORDER: Discovery Completion due by 3/2/2020., Non-Dispositive Motions due by 3/13/2020., Dispositive Motions due by 11/8/2019., Jury Trial set for 8/17/2020 09:00 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White., Pretrial Compliance due by 7/28/2020., Motion in Limine due by 8/7/2020. Signed by District Judge Ronnie L. White on October 28, 2019. (BRP) (Entered: 10/28/2019)

Oct. 28, 2019 PACER
43

ADR COMPLIANCE REPORT Neutral: Tokarz, Karen L.. Date of Conference: 10/18/2019. The parties participated in good faith. The parties did not achieve a settlement.(KCB) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
44

MOTION for Pro Bono Neutral's Reimbursement of Services in the amount of $1,000.00 for Karen Tokarz. (TMT) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
45

MOTION for Preliminary Injunction by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Attachments: # 1 Exhibit Suspension Memo, # 2 Exhibit Defs' Resp to 3rd Interrogatories, # 3 Exhibit FSD Depo, # 4 Exhibit DOR Depo, # 5 Exhibit Form 14 Inst, # 6 Exhibit Training Manual, # 7 Exhibit Notice of Intent, # 8 Exhibit Temp Payment Agmt Inst, # 9 Exhibit Defs' Resp to 2nd Interrogatories, # 10 Exhibit DOR Suspension Notice)(Ramaswamy, Rebecca) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
46

MOTION to Certify Class by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Attachments: # 1 Exhibit Defs' Resp to 1st Interrogatories, # 2 Exhibit Telfeyan Decl)(Ramaswamy, Rebecca) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
47

ORDER Re: PRO BONO NEUTRAL'S REQUEST FOR REIMBURSEMENT OF SERVICES [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 11/04/2019. (KCB) (Main Document 47 replaced on 11/5/2019) (TMT). (Entered: 11/04/2019)

Nov. 4, 2019 PACER
48

Letter to Karen Tokarz from Financial Administrator re:reimbursement (KCB) (Entered: 11/07/2019)

Nov. 7, 2019 PACER
49

MOTION to Dismiss Case by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 11/08/2019)

Nov. 8, 2019 RECAP
50

MEMORANDUM in Support of Motion re 49 MOTION to Dismiss Case filed by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 11/08/2019)

Nov. 8, 2019 RECAP
51

Consent MOTION to Dismiss Party Nathan Wright by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 11/14/2019)

Nov. 14, 2019 PACER
52

MEMORANDUM in Opposition re 45 MOTION for Preliminary Injunction filed by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Attachments: # 1 Exhibit A- DEF's Joint Responses & Objections to PL's 1st IROGS, # 2 Exhibit B-Deposition Ashley Gildehaus, # 3 Exhibit C Deposition Lisa Mancini, # 4 Exhibit D Affidavit Steven Kissinger)(Robb, Laura) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
53

MEMORANDUM in Opposition re 46 MOTION to Certify Class filed by Defendants Steve Corsi, Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Attachments: # 1 Exhibit A-Gildehaus Driving Record, # 2 Exhibit B- Depostion Mancini, # 3 Exhibit C- Deposition Gilehaus)(Robb, Laura) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
54

MEMORANDUM in Opposition re 49 MOTION to Dismiss Case filed by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini, Nathan Wright. (Ramaswamy, Rebecca) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
55

Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Voluntarily Dismiss Plaintiff Nathan Wright [ECF No. 51] is GRANTED. Future pleadings shall omit Mr. Wright as a party to this action. Signed by District Judge Ronnie L. White on 11/19/19. (ALM) (Entered: 11/19/2019)

Nov. 19, 2019 PACER

A Docket Text Order

Nov. 19, 2019 PACER
56

REPLY to Response to Motion re 49 MOTION to Dismiss Case filed by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
57

REPLY to Response to Motion re 45 MOTION for Preliminary Injunction filed by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini. (Attachments: # 1 Exhibit Gildehaus Deposition, # 2 Exhibit Mancini Deposition, # 3 Exhibit Bedford Deposition, # 4 Exhibit DOR Deposition)(Ramaswamy, Rebecca) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
58

REPLY to Response to Motion re 46 MOTION to Certify Class filed by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini. (Attachments: # 1 Exhibit Bedford Deposition, # 2 Exhibit Gildehaus Deposition, # 3 Exhibit Mancini Deposition, # 4 Exhibit Eger Affidavit, # 5 Exhibit Hahn Affidavit, # 6 Exhibit Pearce Affidavit, # 7 Exhibit Peterson Affidavit, # 8 Exhibit Puentes Affidavit)(Ramaswamy, Rebecca) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
59

NOTICE of Supplemental Authority re 45 MOTION for Preliminary Injunction by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers . (Attachments: # 1 Exhibit A-Fowler Decision, # 2 Exhibit B-Order)(Robb, Laura) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
60

NOTICE Erratum: by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini re 54 Memorandum in Opposition to Motion (Ramaswamy, Rebecca) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
61

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Ronnie L. White: Motion Hearing held on 12/11/2019 re 45 MOTION for Preliminary Injunction filed by Lisa Mancini, Camese Bedford, Nathan Wright, Ashley Gildehaus, 46 MOTION to Certify Class filed by Lisa Mancini, Camese Bedford, Nathan Wright, Ashley Gildehaus. The Court hears argument. The matter taken under submission. (Court Reporter:Susan Moran, Susan_Moran@moed.uscourts.gov, 314-244-7983) (proceedings started: 1:57PM) (proceedings ended: 2:53PM)(Deputy Clerk: K. Battle)(Appearance for Plaintiff: Rebecca Ramaswamy & Phil Telfeyan)(Appearance for Defendant: Laura Rob) (KCB) (Entered: 12/11/2019)

Dec. 11, 2019 PACER

Motion Hearing

Dec. 11, 2019 PACER
62

MOTION for Leave to Appear Pro Hac Vice Marissa K. Hatton. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7642375) by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini. (Attachments: # 1 Certificate of Good Standing for Marissa K. Hatton)(Hatton, Marissa) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
63

Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motion for Admission Pro Hac Vice by Marissa K. Hatton on behalf of Plaintiffs [ECF No. 62] is GRANTED. Signed by District Judge Ronnie L. White on 12/17/19. (ALM) (Entered: 12/17/2019)

Dec. 17, 2019 PACER

A Docket Text Order

Dec. 17, 2019 PACER
64

ADMINISTRATIVE ORDER - IT IS HEREBY ORDERED that the following cases shall be transferred to District Judge Sarah E. Pitlyk. All deadlines previously set remain in effect unless otherwise ordered by the Court. Case reassigned to District Judge Sarah E. Pitlyk for all further proceedings. District Judge Ronnie L. White no longer assigned to case.. Signed by District Judge Rodney W. Sippel on 1/30/2020. (MRC) (Entered: 01/30/2020)

Jan. 30, 2020 PACER
65

MOTION for Extension of Time to File Response/Reply by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
66

ORDER Due to conflict of interest, this Court hereby recuses itself from this case. This case will be reassigned to another Judge. This cause has been reassigned to the Honorable Ronnie L. White, United States District Judge. Signed by District Judge Sarah E. Pitlyk on 2/5/2020. (KXS) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
67

ORDER: IT IS HEREBY ORDERED that the undersigned United States District Judge is disqualified from handling any matters in this case, and the Clerk of Court shall randomly reassign the case to another judge. Signed by District Judge Ronnie L. White on 2/5/2020. (TMT) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
68

REASSIGNMENT ORDER (GJL). District Judge Ronnie L. White no longer assigned to case. Case reassigned to District Judge Stephen N. Limbaugh, Jr for all further proceedings. (KXS) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
69

REASSIGNMENT ORDER (GJL). To avoid any potential appearance of impropriety, Judge Stephen N. Limbaugh, Jr. disqualifies himself from this case. Therefore, the case is being randomly reassigned to a different Judge. Accordingly, IT IS HEREBY ORDERED that the above styled cause is randomly reassigned to the Honorable Rodney W. Sippel. (KXS) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
70

NOTICE of Change of Address filed by Stephanie Michelle Lummus. (Lummus, Stephanie) Address updated in CM/ECF on 2/6/2020 (CMC). (Entered: 02/06/2020)

Feb. 6, 2020 PACER
71

(WITHDRAWN) MOTION to Quash Deposition by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 02/11/2020)

Feb. 11, 2020 PACER
72

MEMORANDUM in Support of Motion re 71 MOTION to Quash Deposition filed by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 02/11/2020)

Feb. 11, 2020 PACER
73

RESPONSE in Opposition re 65 MOTION for Extension of Time to File Response/Reply filed by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini. (Hatton, Marissa) (Entered: 02/12/2020)

Feb. 12, 2020 PACER
74

MOTION to Withdraw 71 MOTION to Quash Deposition of Denise Gabel by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
75

Docket Text ORDER: Re: 74 MOTION to Withdraw 71 MOTION to Quash Deposition of Denise Gabel by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) filed by Reginald McElhannon, Joseph Plaggenberg, Jennifer Tidball, Michael L. Parson, Missouri Department of Social Services Family Support Division, Kenneth Zellers ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 2/20/20. (ARL) (Entered: 02/20/2020)

Feb. 20, 2020 PACER

A Docket Text Order

Feb. 20, 2020 PACER
76

MOTION for Extension Defendants' Request for Status Conference, Motion to Delay Deadline to File Motions for Summary Judgment and Memorandum in Support of: to File Motions for Summary Judgment and Memorandum in Support by Defendants Reginald McElhannon, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joseph Plaggenberg, Jennifer Tidball, Kenneth Zellers. (Robb, Laura) (Entered: 02/27/2020)

Feb. 27, 2020 PACER
77

ORDER : IT IS HEREBY ORDERED that Defendants' motion for a status conference in this matter and to delay the deadline to file dispositive motions 76 is GRANTED. IT IS FURTHER ORDERED that a status conference is set in this matter on March 12, 2020 at 2:00 p.m. in Courtroom 16 South. IT IS FURTHER ORDERED that the dispositive motion deadline in this matter is suspended and will be addressed at the status conference. ( Status Conference set for 3/12/2020 02:00 PM in Courtroom 16S - St. Louis before District Judge Rodney W. Sippel.)Signed by District Judge Rodney W. Sippel on 3/3/20. (ARL) (Entered: 03/03/2020)

March 3, 2020 PACER
78

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Rodney W. Sippel: Status Conference held on 3/12/2020. Discussions held on the record. Order to issue. (Court Reporter:Shannon White, Shannon_White@moed.uscourts.gov, 314-244-7966) (proceedings started: 2:25) (proceedings ended: 2:41)(Deputy Clerk: NEP)(Appearance for Plaintiff: Phil Telfeyan)(Appearance for Defendant: Robert Phillips) (NEP) (Entered: 03/12/2020)

March 12, 2020 PACER

Status Conference

March 12, 2020 PACER
79

ORDER: IT IS HEREBY ORDERED that the remaining deadlines in this matter are suspended and will be reset after the resolution of the pending motions before the Court. Signed by District Judge Rodney W. Sippel on 3/16/2020. (KEK) (Entered: 03/16/2020)

March 16, 2020 PACER
80

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants' Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(1) [ 49 ] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss [ 49 ] is GRANTED as to Counts 1-4 and DENIED as to Count 5. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss Governor Parsons in his official capacity is GRANTED. Signed by District Judge Rodney W. Sippel on 5/1/2020. (NEP) (Entered: 05/01/2020)

May 1, 2020 RECAP
81

ORDER...IT IS HEREBY ORDERED that a Status Conference will be held in this matter on Thursday, May 28, 2020 at 10:00 a.m. via telephone. Counsel should dial 888-684-8852 then when prompted enter access code: 6905106. (Status Conference set for 5/28/2020 10:00 AM in Telephone Conference in Chambers before District Judge Rodney W. Sippel.) Signed by District Judge Rodney W. Sippel on 5/13/2020. (NEP) (Entered: 05/13/2020)

May 13, 2020 PACER
82

SCHEDULING ORDER: IT IS HEREBY ORDERED Plaintiffs' Motion for Preliminary Injunction shall be filed no later than June 1, 2020. Opposition briefs shall be filed no later than July 1, 2020 and any reply brief may be filed no later than July 15, 2020. Signed by District Judge Rodney W. Sippel on 5/28/2020. (KEK) (Entered: 05/28/2020)

May 28, 2020 PACER
83

MOTION for Preliminary Injunction by Plaintiffs Camese Bedford, Ashley Gildehaus, Lisa Mancini. (Attachments: # 1 Exhibit Bedford Deposition, # 2 Exhibit Def. Resp. to Rogs, # 3 Exhibit Bedford Driving Record, # 4 Exhibit Mancini Declaration, # 5 Exhibit Mancini Deposition, # 6 Exhibit Gildehaus Driving Record, # 7 Exhibit Gildehaus Declaration, # 8 Exhibit Gildehaus Deposition, # 9 Exhibit Form 14 Instructions, # 10 Exhibit Suspension Memo, # 11 Exhibit Lummus Declaration, # 12 Exhibit Kissinger Deposition, # 13 Exhibit Ginwright Deposition, # 14 Exhibit Richards Deposition, # 15 Exhibit Hibbler Deposition, # 16 Exhibit Temporary Payment Plan, # 17 Exhibit FSD 30(b)(6) Deposition, # 18 Exhibit Notice of Intent, # 19 Exhibit Dr. Hahn Affidavit, # 20 Exhibit Puentes Affidavit, # 21 Exhibit Peterson Affidavit, # 22 Exhibit Sample Notice, # 23 Exhibit Bedford Declaration, # 24 Exhibit Smith Report, # 25 Exhibit Dr. Pearce Affidavit, # 26 Exhibit Dr. EgerAffidavit, # 27 Exhibit Def. Resp. to Rogs)(Hatton, Marissa) (Entered: 06/01/2020)

June 1, 2020 PACER
84

MOTION for Leave to File in Excess of Page Limits by Defendants Jackie Bemboom, Steve Corsi, Patrick Luebbering, Missouri Department of Social Services Family Support Division, Michael L. Parson, Joel Walter. (Robb, Laura) (Entered: 06/29/2020)

June 29, 2020 PACER

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: March 4, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-custodial parents in Missouri who failed to pay child support and had their driver's licenses suspended

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Missouri Department of Social Services Family Support Division, State

Governor of Missouri, State

Director of the Missouri Department of Social Services, State

Director of the Family Support Division, State

Director of the Department of Revenue, State

Director of the Motor Vehicle and Driver Licensing Division, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond

Parents (visitation, involvement)