Case: Georgia Advocacy Office v. Camp

U.S. Court of Appeals for the Eleventh Circuit

MOTION by Ga. Advocacy Office, D. M. for Temporary Restraining Order prohibiting the Defendants from denying Plaintiff GAO access to the Methodist Home and to Plaintiff D.M., and for Preliminary Injunction, and for Permanent Injunction restraining the Defendants from denying Plaintiff GAO access to the Methodist Home and to Plaintiff D.M. (kms) (Entered: 12/16/1996)

RETURN OF SERVICE executed as to Steve Rumford 12/16/96 Answer due on 1/6/97 for Steve Rumford (kms) (Entered: 12/17/1996)

RETURN OF SERVICE executed as to Larue T. Camp 12/16/96 Answer due on 1/6/97 for Larue T. Camp (kms) (Entered: 12/17/1996)

SUMMONS(ES) issued for Larue T. Camp, Steve Rumford (kms)

DEADLINE updated; set Answers to Interrogatories deadline to 12/27/96 for D. M., for Ga. Advocacy Office (kms)

MOTION(S) submitted: submitted [1-1] motion for Temporary Restraining Order prohibiting the Defendants from denying Plaintiff GAO access to the Methodist Home and to Plaintiff D.M., submitted [1-2] motion for Preliminary Injunction, submitted [1-3] motion for Permanent Injunction ; Original case file and motion sent to Judge Duross Fitzpatrick (kms)

NOTICE of Hearing to Defendant Steve Rumford on Plaintiff's request for a Temporary Restraining Order on December 18, 1996 at 3:30 before Judge Duross Fitzpatrick. (kms) (Entered: 12/18/1996)

Plaintiff's NOTICE of Hearing to Defendant Larue Camp on Plaintiff's request for Temporary Restraining Order on December 18, 1996 at 3:30 before Judge Duross Fitzpatrick. (kms) (Entered: 12/18/1996)

NOTICE of attorney appearance for Ga. Advocacy Office, D. M. by James W. Beagle (kms) (Entered: 12/18/1996)

MINUTE ENTRY of December 18, 1996 hearing regarding motion for temporary restraining order: Plaintiffs' counsel advises the Court that the Georgia Advocacy Office has been designated by the State of Georgia that has standing to bring this suit pursuant to 42 U.S.C. 10801 through 10807. Further, they are seeking legal right in this case to speak with D.M. The Court is not going to grant a TRO today. The Court is ordering the Children's Home to in good faith allow Ms. Madden to visit with D.M. The Defendant DFACS feels that they are legally obligated to investigate Ms. Madden's background. The Court sets a Preliminary Injunction Hearing for January 15, 1997 at 10 a.m. Motion Hearing set for 10:00 1/15/97 for [1-2] motion for Preliminary Injunction (kms) (Entered: 12/20/1996)

ANSWER to Mandatory Interrogatories filed by Ga. Advocacy Office, D. M. (FE) (Entered: 12/26/1996)

MOTION by Larue T. Camp, Jasper Co. Dept. to Dismiss Complaint Response due by 1/16/97 Reply to Response due by 2/3/97 for [9-1] motion (FE) (Entered: 12/27/1996)

MEMORANDUM by Larue T. Camp, Jasper Co. Dept. in support of [9-1] motion to Dismiss Complaint (FE) (Entered: 12/27/1996)

Case referred to ARBITRATION (mbr)

MOTION by Steve Rumford, The Methodist Home to Dismiss Response due by 1/29/97 Reply to Response due by 2/18/97 for [11-1] motion (kms) (Entered: 01/07/1997)

DEADLINE updated; Response to Motion reset to 1/24/97 for [9-1] motion to Dismiss Complaint pursuant to request for extension made by Attorney Cristina Higgins. Letter of confirmation to follow. Reply to Response to Motion reset to 2/7/97 for [9-1] motion to Dismiss Complaint (kms)

MINUTE ENTRY of January 9, 1997 telephone conference call to discuss a new date for the preliminary injunction hearing. During this hearing, the Court will also take up the Motion to Dismiss. Preliminary Injunction Hearing rescheduled for February 21, 1997 at 10 a.m., and Motion Hearing set for 10:00 2/21/97 for [1-2] motion for Preliminary Injunction (kms) (Entered: 01/09/1997)

RESPONSE by Ga. Advocacy Office, D. M. to [9-1] motion to Dismiss Complaint (kms) (Entered: 01/27/1997)

RESPONSE by Ga. Advocacy Office, D. M. to [11-1] motion to Dismiss (kms) (Entered: 01/29/1997)

SUBPOENA/REQUEST for Production of Documents by The Methodist Home to Ga. Advocacy Office (kms) (Entered: 02/19/1997)

MINUTE ENTRY of February 21, 1997 preliminary injunction hearing before Judge Wilbur D. Owens, Jr. Preliminary injunction denied on the bench. (Frances Roquemore, Court Reporter). (kms) (Entered: 02/25/1997)

Case Sealed. (dcp)

MOTION(S) submitted: submitted [11-1] motion to Dismiss, submitted [9-1] motion to Dismiss Complaint ; Original case file and motion sent to Judge Duross Fitzpatrick (kms)

RETURN OF SERVICE executed as to Subpoena served on Ga. Advocacy Office by Defendant The Methodist Home. (kms) (Entered: 03/05/1997)

Transcript filed of December 18, 1996 hearing on Temporary Restraining Order before Judge Fitzpatrick. (Lee Cook, Court Reporter). (kms) (Entered: 03/25/1997)

Transcript filed of Hearing on February 21, 1997 before Judge Owens on Motion for Preliminary Injunction. (Frances B. Roquemore, Court Reporter). (FE) (Entered: 04/01/1997)

ORDER denying [11-1] motion to Dismiss, granting in part, denying in part [9-1] motion to Dismiss Complaint; all claims against Jasper County DFACS are DISMISSED because they are barred by the Eleventh Amendment. Plaintiff may proceed with their claims for prospective injunctive relief against Defendant Camp in her capacity as Director of Jasper County DFACS (signed by Judge Duross Fitzpatrick) (dcp) (Entered: 07/30/1997)

ANSWER to Complaint by Larue T. Camp. (dcp) (Entered: 08/07/1997)

ANSWER to Mandatory Interrogatories filed by Larue T. Camp (dcp) (Entered: 08/07/1997)

DEADLINE updated; reset Answer deadline to 8/18/97 for The Methodist Home, for Steve Rumford (dcp)

ANSWER to Mandatory Interrogatories filed by Steve Rumford, The Methodist Home (dcp) (Entered: 08/12/1997)

ANSWER/Defenses to Complaint by Steve Rumford, The Methodist Home (dcp) (Entered: 08/12/1997)

NOTICE of attorney appearance for Ga. Advocacy Office, D.M.; by Bruce K. Roberts (dcp) (Entered: 08/14/1997)

MOTION by Ga. Advocacy Office, D. M. for Preliminary/Permanent Injunction Response due by 9/8/97; Reply to Response due by 9/23/97 for [26-1] motion (dcp) (Entered: 08/14/1997)

MEMORANDUM by Ga. Advocacy Office, D. M. in support of [26-1] motion for Preliminary/Permanent Injunction (dcp) (Entered: 08/14/1997)

RULES 16 AND 26 ORDER; proposed scheduling/discovery order due on 9/29/97. (signed by Judge Duross Fitzpatrick) (dcp) (Entered: 08/14/1997)

ELECTION not to proceed before a Magistrate Judge by Ga. Advocacy Office, D. M. (dcp) (Entered: 08/18/1997)

ELECTION not to proceed before a Magistrate Judge by Steve Rumford, The Methodist Home (dcp) (Entered: 08/18/1997)

ELECTION not to proceed before a Magistrate Judge by Larue T. Camp (dcp) (Entered: 08/29/1997)

RESPONSE by Larue T. Camp to [26-1] motion for Preliminary/Permanent Injunction (dcp) (Entered: 08/29/1997)

Case no longer referred to ARBITRATION. (mbr)

RESPONSE by Steve Rumford, The Methodist Home to [26-1] motion for Preliminary/Permanent Injunction (dcp) (Entered: 09/05/1997)

AFFIDAVIT by Steve Rumford Re: [33-1] motion response (dcp) (Entered: 09/05/1997)

AFFIDAVIT of Leslie Coleman Re: [33-1] motion response (dcp) (Entered: 09/05/1997)

MOTION by Ga. Advocacy Office, D. M. for Summary Judgment Response due by 10/10/97 Reply to Response due by 10/27/97 for [36-1] motion (dcp) (Entered: 09/17/1997)

MEMORANDUM by Ga. Advocacy Office, D. M. in support of [36-1] motion for Summary Judgment (dcp) (Entered: 09/17/1997)

STATEMENT OF UNDISPUTED Material Facts by plaintiff Ga. Advocacy Office, plaintiff D. M. Re: [36-1] motion for Summary Judgment (dcp) (Entered: 09/17/1997)

AFFIDAVIT of Joyce Saye Re: [36-1] motion for Summary Judgment (dcp) (Entered: 09/17/1997)

REPLY by Ga. Advocacy Office, D. M. to response to [26-1] motion for Preliminary/Permanent Injunction (dcp) (Entered: 09/18/1997)

MOTION(S) submitted: submitted [26-1] motion for Preliminary/Permanent Injunction; Original case file and motion sent to Judge Duross Fitzpatrick (dcp)

DEADLINE updated; reset proposed scheduling/discovery order due date to 10/14/97 (dcp)

RESPONSE by Larue T. Camp to [36-1] motion for Summary Judgment (dcp) (Entered: 10/03/1997)

STATEMENT OF DISPUTED Material Facts by defendant Larue T. Camp Re: [36-1] motion for Summary Judgment (dcp) (Entered: 10/03/1997)

RESPONSE by Steve Rumford, The Methodist Home to [36-1] motion for Summary Judgment, adopting defendant Camp's [41,42 response]. (dcp) (Entered: 10/07/1997)

SUSPPLEMENTAL AFFIDAVIT of Leslie Coleman Dziedzic Re: [43-1] motion response (dcp) (Entered: 10/07/1997)

AFFIDAVIT of N. Donald Fiebelman, M.D. Re: [43-1] motion response (dcp) (Entered: 10/07/1997)

PROPOSED SCHEDULING/DISCOVERY order received. Order submitted to Judge Fitzpatrick 10/15/97. (dcp)

DEADLINE updated; set Scheduling Conference for 11:00 12/2/97 (dcp)

REPLY by Ga. Advocacy Office, D. M. to response to [36-1] motion for Summary Judgment (dcp) (Entered: 10/24/1997)

MOTION(S) submitted: submitted [36-1] motion for Summary Judgment; Original case file and motion sent to Judge Duross Fitzpatrick (dcp)

REQUEST for Admissions by Larue T. Camp to Ga. Advocacy Office, D. M. (dcp) (Entered: 11/21/1997)

REQUEST for Production of Documents by Larue T. Camp to Ga. Advocacy Office, D. M. (dcp) (Entered: 11/21/1997)

INTERROGATORIES by Larue T. Camp to Ga. Advocacy Office, D. M. (dcp) (Entered: 11/21/1997)

Case Sealed. (FE)

MINUTE ENTRY: Discovery Conference - Not reported. MSJ and Motion for Injunctive Relief pending. Discovery to be complete by 2/12/98. All written discovery was to be completed by 11/28/97. Defendants have complied and advise that plaintiff has not filed any. Plaintiff asserts attorney/client privilege and argue that they need access rights to complete their written discovery. Plaintiff has made a motion for access for the purpose of litigation; motion has not been ruled on. The Court needs to take a look at both motions and rule on access and postpone ruling on MSJ until after discovery concludes. Depositions to be complete by 1/14/98. Methodist Home does not feel there is an attorney/client relationship. The Court wants plaintiff to go ahead and complete what discovery can be done and submit to the Court by 12/12/97. The Methodist Home shall respond to discovery within 10 days and the State within 20 days thereafter. Discussion regarding whether the Court should conduct an in camera interview with D.M. Counsel will submit an amended discovery order setting out the changes above. (dcp) (Entered: 12/04/1997)

ORDER modifying scheduling and discovery order re: plaintiff shall file written discovery by 12/12/97; defendants shall have 20 days thereafter to respond; and until the Court has ruled upon the issue of GAO's "access" to to DM, then to the extent that any written discovery submitted to GAO requires consultation with DM, GAO may footnote this fact in its discovery responses and respond to the best of its ability in the absence of such consultation. ( signed by Judge Duross Fitzpatrick ) (FE) (Entered: 12/15/1997)

REQUEST for Production of Documents by Ga. Advocacy Office to Larue T. Camp (dcp) (Entered: 12/16/1997)

REQUEST for Admissions by Ga. Advocacy Office to Larue T. Camp (dcp) (Entered: 12/16/1997)

INTERROGATORIES by Ga. Advocacy Office to Larue T. Camp (dcp) (Entered: 12/16/1997)

REQUEST for Production of Documents by Ga. Advocacy Office to Steve Rumford, The Methodist Home (dcp) (Entered: 12/16/1997)

REQUEST for Admissions by Ga. Advocacy Office to Steve Rumford, The Methodist Home (dcp) (Entered: 12/16/1997)

INTERROGATORIES by Ga. Advocacy Office to Steve Rumford, The Methodist Home (dcp) (Entered: 12/16/1997)

RESPONSE by Ga. Advocacy Office to [49-1] discovery requested - INTERROGATORIES by Larue T. Camp (dcp) (Entered: 12/22/1997)

RESPONSE by Ga. Advocacy Office to [47-1] discovery requested - REQUEST for Admissions by Larue T. Camp (dcp) (Entered: 12/22/1997)

ORDER denying [26-1] motion for Preliminary/Permanent Injunction (signed by Judge Duross Fitzpatrick) (dcp) (Entered: 12/29/1997)

NOTICE by Ga. Advocacy Office to take deposition of LaRue Camp on 1/13/98 (dcp) (Entered: 12/29/1997)

NOTICE by Ga. Advocacy Office to take deposition of Steve Rumford on 1/14/98 (dcp) (Entered: 12/29/1997)

NOTICE by Ga. Advocacy Office to take deposition of Leslie Coleman on 1/14/98 (dcp) (Entered: 12/29/1997)

RESPONSE by Steve Rumford, The Methodist Home to [57-1] discovery requested - INTERROGATORIES by Ga. Advocacy Office (dcp) (Entered: 01/05/1998)

RESPONSE by Steve Rumford, The Methodist Home to [55-1] discovery requested - REQUEST for Production of Documents by Ga. Advocacy Office (dcp) (Entered: 01/05/1998)

RESPONSE by Steve Rumford, The Methodist Home to [56-1] discovery requested - REQUEST for Admissions by Ga. Advocacy Office (dcp) (Entered: 01/05/1998)

SUPPLEMENTAL ANSWER to Mandatory Interrogatories filed by Steve Rumford, The Methodist Home (dcp) (Entered: 01/05/1998)

OBJECTION/RESPONSE by Larue T. Camp to [53-1] discovery requested - REQUEST for Admissions by Ga. Advocacy Office (dcp) Modified on 01/06/1998 (Entered: 01/06/1998)

OBJECTION/RESPONSE by Larue T. Camp to [54-1] discovery requested - INTERROGATORIES by Ga. Advocacy Office (dcp) (Entered: 01/06/1998)

OBJECTION/RESPONSE by Larue T. Camp to [52-1] discovery requested - REQUEST for Production of Documents by Ga. Advocacy Office (dcp) (Entered: 01/06/1998)

NOTICE by Ga. Advocacy Office to take deposition of LaRue Camp. on 1/13/98 (dcp) (Entered: 01/09/1998)

RESPONSE by Ga. Advocacy Office to [48-1] discovery requested - REQUEST for Production of Documents by Larue T. Camp (dcp) (Entered: 01/13/1998)

NOTICE of attorney appearance for Ga. Advocacy Office, D. M. by D. Alfred Ducharme (dcp) (Entered: 01/27/1998)

DEPOSITION of Larue Camp on 1/13/98, court reporter: Arne' B. Davis (dcp) (Entered: 02/02/1998)

DEPOSITION of Leslie C. Dziedzic on 01/14/98, court reporter: Court Rptg. Assoc. (dcp) (Entered: 02/11/1998)

DEPOSITION of Steve Rumford on 1/14/98, court reporter: Ct. Rptg. Assoc. (dcp) (Entered: 02/19/1998)

JOINT MOTION by Larue T. Camp, Steve Rumford, The Methodist Home for Summary Judgment Response due by 4/6/98 Reply to Response due by 4/21/98 for [77-1] motion (FE) (Entered: 03/13/1998)

MEMORANDUM by Larue T. Camp, Steve Rumford, The Methodist Home in support of [77-1] motion for Summary Judgment (FE) (Entered: 03/13/1998)

STATEMENT OF UNDISPUTED Material Facts by defendant Larue T. Camp, defendant Steve Rumford, defendant The Methodist Home Re: [77-1] motion for Summary Judgment (FE) (Entered: 03/13/1998)

CONFIDENTIAL DEPOSITION of Joyce Saye on January 12, 1998, court reporter: Wanda L. Robinson, CSR in Atlanta, Georgia. (FE) (Entered: 03/13/1998)

CONFIDENTIAL DEPOSITION of Cristina C. Higgins on January 12, 1998, court reporter: Wanda L. Robinson, CSR in Atlanta, Georgia. (FE) Modified on 03/13/1998 (Entered: 03/13/1998)

CONFIDENTIAL DEPOSITION of Nann T. Anderson on January 12, 1998, court reporter: Wanda L. Robinson, CSR in Atlanta, Georgia. (FE) Modified on 03/13/1998 (Entered: 03/13/1998)

DEADLINE updated; reset Discovery completion deadline to 2/12/98 (dcp)

DEADLINE updated; Response to Motion reset to 4/15/98 for [77-1] motion for Summary Judgment, Reply to Response to Motion reset to 5/4/98 for [77-1] motion for Summary Judgment (dcp)

RESPONSE by Ga. Advocacy Office, D. M. to [77-1] motion for Summary Judgment (dcp) (Entered: 04/20/1998)