Case: Ashley W. v. Holcomb

3:19-cv-00129 | U.S. District Court for the Southern District of Indiana

Filed Date: June 25, 2019

Closed Date: June 23, 2022

Clearinghouse coding complete

Case Summary

This case, filed on June 25, 2019, addresses the large-scale failures of the State of Indiana’s child welfare system to protect and meet the needs of children in its custody. The named plaintiffs are children in foster care who brought a class action seeking declaratory and injunctive relief against the state. Plaintiffs sought certification of a class consisting of all children who are now, or will be, in the custody of DCS. Plaintiffs allege that DCS failed to “provide safe and appropriate fo…

This case, filed on June 25, 2019, addresses the large-scale failures of the State of Indiana’s child welfare system to protect and meet the needs of children in its custody.

The named plaintiffs are children in foster care who brought a class action seeking declaratory and injunctive relief against the state. Plaintiffs sought certification of a class consisting of all children who are now, or will be, in the custody of DCS. Plaintiffs allege that DCS failed to “provide safe and appropriate foster care placements; failed to provide appropriate services to the children and their families to allow safe reunification; and, for those for whom safe family reunification is not possible, failed to timely pursue termination of parental rights legal proceedings and failed to seek and secure safe, permanent homes. In doing so, Defendants have violated Plaintiffs’ federal constitutional and statutory rights.” Plaintiffs also proposed a subclass of children with disabilities currently residing in institutional settings alleging violations of the Americans with Disabilities Act (“ADA”).

On 10/29/2021, Defendants requested an interlocutory appeal to the Seventh Circuit on Younger abstention grounds, and the request was granted. The Seventh Circuit concluded that the live issues remaining in the case could be resolved by judges in CHINS proceedings, requiring the federal court to abstain. The court held further that questions remaining that could not be resolved by the CHINS court, such as how the Department handles investigations before filing a CHINS petition, do not affect the status of the two remaining plaintiffs who are already past this stage in the process.  Accordingly, the case was then dismissed in the district court.

Summary Authors

NDRN (10/18/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15828687/parties/ashley-w-v-holcomb/


Judge(s)
Attorney for Plaintiff

Benedetto, Anastasia (Indiana)

Bodner, Carrie J. (Indiana)

Bokhan, Kristen L. (Indiana)

Cheever, Kara Eileen (Indiana)

Attorney for Defendant

Greene, Justin Curtis (Indiana)

show all people

Documents in the Clearinghouse

Document
1

3:19-cv-00129

Class Action Complaint

Ashley W. et al. v. Holcomb, et al

June 25, 2019

June 25, 2019

Complaint
16-1

3:19-cv-00129

Amended Class Action Complaint

Ashley W. et al. v. Holcomb, et al

June 26, 2019

June 26, 2019

Complaint

3:19-cv-00129

Entry on Defendants' Motion to Dismiss

Ashley W. et al. v. Holcomb, et al

May 13, 2020

May 13, 2020

Order/Opinion

467 F.Supp.3d 467

3:19-cv-00129

Entry Denying Pending Motions and Certifying Order for Interlocutory Appeal

Ashley W. et al. v. Holcomb, et al

Sept. 29, 2021

Sept. 29, 2021

Order/Opinion

2021 WL 2021

21-03082

Opinion

Ashley W. et al. v. Holcomb, et al

U.S. Court of Appeals for the Seventh Circuit

May 16, 2022

May 16, 2022

Order/Opinion

34 F.4th 34

21-03082

Opinion

Ashley W. et al. v. Holcomb, et al

U.S. Court of Appeals for the Seventh Circuit

July 11, 2022

July 11, 2022

Order/Opinion

40 F.4th 40

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15828687/ashley-w-v-holcomb/

Last updated Feb. 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action for Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5496517) (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

Clearinghouse
2

NOTICE of Appearance by Melissa Keyes on behalf of Plaintiffs Desmond C., James M., Thomas M., Sara O., Jaidyn R., Logan S., Milo S., Ashley W., Betty W.. (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
3

Proposed Summons submitted for issuance by the clerk as to Eric Holcomb. (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
4

CIVIL COVER SHEET, filed by Plaintiffs Desmond C., James M., Thomas M., Sara O., Jaidyn R., Logan S., Milo S., Ashley W., Betty W.. (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
5

Proposed Summons submitted for issuance by the clerk as to TERRY STIGDON. (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
6

Proposed Summons submitted for issuance by the clerk as to DEPARTMENT OF CHILD SERVICES. (Keyes, Melissa) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
7

NOTICE of Appearance by Nikki G. Gray on behalf of Plaintiffs Desmond C., James M., Thomas M., Sara O., Jaidyn R., Logan S., Milo S., Ashley W., Betty W.. (Gray, Nikki) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
8

Summons Issued as to DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, and TERRY STIGDON. (JRB) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
9

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
10

MOTION for Attorney(s) Anastasia Benedetto to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
11

MOTION for Attorney(s) Aaron Marks to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
12

MOTION for Attorney(s) Carrie J. Bodner to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
13

MOTION for Attorney(s) Marcia Robinson Lowry to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
14

MOTION for Attorney(s) Kristen L. Bokhan to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
15

MOTION for Attorney(s) Kara E. Cheever to Appear pro hac vice $100.00 Paid. Receipt # 0756-549-7416, filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Keyes, Melissa) Modified on 6/27/2019 (JRB). (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
16

Amended Class Action Complaint for Injunctive Relief by All Plaintiffs (Attachments: # 1 Amended Complaint) (Keyes, Melissa) Modified on 4/7/2020 (TMD). (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

Clearinghouse
17

ORDER granting 10 Motion to Appear pro hac vice. Attorney Anastasia Benedetto for DESMOND C.,Anastasia Benedetto for JAMES M.,Anastasia Benedetto for THOMAS M.,Anastasia Benedetto for SARA O.,Anastasia Benedetto for JAIDYN R.,Anastasia Benedetto for LOGAN S.,Anastasia Benedetto for MILO S.,Anastasia Benedetto for ASHLEY W.,Anastasia Benedetto for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
18

ORDER granting 12 Motion to Appear pro hac vice. Attorney Carrie J. Bodner for DESMOND C.,Carrie J. Bodner for JAMES M.,Carrie J. Bodner for THOMAS M.,Carrie J. Bodner for SARA O.,Carrie J. Bodner for JAIDYN R.,Carrie J. Bodner for LOGAN S.,Carrie J. Bodner for MILO S.,Carrie J. Bodner for ASHLEY W.,Carrie J. Bodner for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
19

ORDER granting 14 Motion to Appear pro hac vice. Attorney Kristen L. Bokhan for DESMOND C.,Kristen L. Bokhan for JAMES M.,Kristen L. Bokhan for THOMAS M.,Kristen L. Bokhan for SARA O.,Kristen L. Bokhan for JAIDYN R.,Kristen L. Bokhan for LOGAN S.,Kristen L. Bokhan for MILO S.,Kristen L. Bokhan for ASHLEY W.,Kristen L. Bokhan for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
20

ORDER granting 15 Motion to Appear pro hac vice. Attorney Kara Eileen Cheever for DESMOND C.,Kara Eileen Cheever for JAMES M.,Kara Eileen Cheever for THOMAS M.,Kara Eileen Cheever for SARA O.,Kara Eileen Cheever for JAIDYN R.,Kara Eileen Cheever for LOGAN S.,Kara Eileen Cheever for MILO S.,Kara Eileen Cheever for ASHLEY W.,Kara Eileen Cheever for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
21

ORDER granting 13 Motion to Appear pro hac vice. Attorney Marcia Robinson Lowry for DESMOND C.,Marcia Robinson Lowry for JAMES M.,Marcia Robinson Lowry for THOMAS M.,Marcia Robinson Lowry for SARA O.,Marcia Robinson Lowry for JAIDYN R.,Marcia Robinson Lowry for LOGAN S.,Marcia Robinson Lowry for MILO S.,Marcia Robinson Lowry for ASHLEY W.,Marcia Robinson Lowry for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
22

ORDER granting 11 Motion to Appear pro hac vice. Attorney Aaron Marks for DESMOND C.,Aaron Marks for JAMES M.,Aaron Marks for THOMAS M.,Aaron Marks for SARA O.,Aaron Marks for JAIDYN R.,Aaron Marks for LOGAN S.,Aaron Marks for MILO S.,Aaron Marks for ASHLEY W.,Aaron Marks for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 6/27/2019. (JRB) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
23

NOTICE of Appearance by Andrea Elizabeth Rahman on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Rahman, Andrea) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
24

NOTICE of Appearance by Jefferson S. Garn on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Garn, Jefferson) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
25

ORDER SETTING TELEPHONIC INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 9/16/2019 at 10:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 7/9/2019.(JRB) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
26

NOTICE of Appearance by John R. Maley on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
27

NOTICE of Parties' First Extension of Time, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
28

NOTICE of Appearance by Peter J. Rusthoven on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Rusthoven, Peter) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
29

NOTICE of Appearance by Justin Curtis Greene on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Greene, Justin) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
30

NOTICE of Appearance by Leah Lewis Seigel on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Seigel, Leah) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
31

NOTICE of Appearance by Dylan Pittman on behalf of Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Pittman, Dylan) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
32

MOTION to Withdraw Attorney Appearance of Jefferson S. Garn, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Garn, Jefferson) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
33

MOTION to Withdraw Attorney Appearance of Andrea E. Rahman, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Rahman, Andrea) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
34

ORDER granting 32 Motion to Withdraw Attorney Appearance. Attorney Jefferson S. Garn withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 7/19/2019. (JRB) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
35

ORDER granting 33 Motion to Withdraw Attorney Appearance. Attorney Andrea Elizabeth Rahman withdrawn.. Signed by Magistrate Judge Matthew P. Brookman on 7/19/2019. (JRB) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
36

MOTION for Attorney(s) Sarah Jaffe to Appear pro hac vice (Filing fee $100, receipt number 0756-5545838), filed by Plaintiffs DESMOND C., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Gray, Nikki) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
37

ORDER granting 36 Motion to Appear pro hac vice. Attorney Sarah Jaffe for DESMOND C.,Sarah Jaffe for JAMES M.,Sarah Jaffe for THOMAS M.,Sarah Jaffe for SARA O.,Sarah Jaffe for JAIDYN R.,Sarah Jaffe for LOGAN S.,Sarah Jaffe for MILO S.,Sarah Jaffe for ASHLEY W.,Sarah Jaffe for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 7/26/2019. (JRB) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
38

MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
39

Appendix of Exhibits in Support of Motion re 38 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Filed Under Seal, # 3 Exhibit C - Filed Under Seal, # 4 Exhibit D - Filed Under Seal, # 5 Exhibit E - Filed Under Seal, # 6 Exhibit F - Filed Under Seal, # 7 Exhibit G - Filed Under Seal, # 8 Exhibit H - Filed Under Seal, # 9 Exhibit I - Heather Kestian Declaration with exhibits)(Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
40

SEALED Cover Sheet for Filing Under Seal Confidential State Court Case Filings Related to CHINS Matters Filed in Support of Defendants' Motion to Dismiss, re 39 Appendix of Exhibits in Support, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Exhibit A - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILDREN ASHLEY W. AND BETTY W. - FILED UNDER SEAL, # 2 Exhibit B - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD THOMAS M. - FILED UNDER SEAL, # 3 Exhibit C - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD MILO S. - FILED UNDER SEAL, # 4 Exhibit D - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILDREN JAIDYN R. AND JAMES M. - FILED UNDER SEAL, # 5 Exhibit E - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD LOGAN S. - FILED UNDER SEAL, # 6 Exhibit F - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD SARA O. - FILED UNDER SEAL, # 7 Exhibit G - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD DESMOND C. - FILED UNDER SEAL, # 8 Exhibit H - CONFIDENTIAL DOCUMENTS RELATED TO MINOR CHILD BRAXTON F. - FILED UNDER SEAL)(Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
41

MOTION to Maintain Document Under Seal 40 SEALED Document (Case Participants - doc) (Defendants' Motion to Maintain Documents Under Seal in Support of Motion to Dismiss), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
42

BRIEF/MEMORANDUM in Support re 41 MOTION to Maintain Document Under Seal 40 SEALED Document (Case Participants - doc) (Defendants' Motion to Maintain Documents Under Seal in Support of Motion to Dismiss), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
43

BRIEF/MEMORANDUM in Support re 38 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
44

MOTION to Remove Unnecessary Parties, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
45

BRIEF/MEMORANDUM in Support re 44 MOTION to Remove Unnecessary Parties (Redacted Version for Public Access), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
46

Appendix of Exhibits in Support of Motion re 44 MOTION to Remove Unnecessary Parties, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Exhibit A - Confidential DCS Employee Declaration - Filed Under Seal, # 2 Exhibit B - Confidential DCS Employee Declaration - Filed Under Seal, # 3 Exhibit C - Confidential DCS Employee Declaration - Filed Under Seal, # 4 Exhibit D - 7/11/19 Wowo News Article, # 5 Exhibit E - 7/10/19 WPTA News Article, # 6 Exhibit F - Confidential DCS Information - Foster Family Home Details - Filed Under Seal)(Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
47

SEALED Cover Sheet with Sealed Brief in Support of Motion to Remove Unnecessary Parties, re 44 Motion (Other), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Supplement - SEALED Brief in Support of Motion to Remove Unnecessary Parties)(Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
48

SEALED Exhibits A, B, C, and F Filed In Support of Motion to Remove Unnecessary Parties, re 44 Motion (Other), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Exhibit A - Confidential DCS Employee Declaration of Jessica Mix - SEALED, # 2 Exhibit B - Confidential DCS Employee Declaration of Sheila Fakhreddine - SEALED, # 3 Exhibit C - Confidential DCS Employee Declaration of Alyssa Thompson - SEALED, # 4 Exhibit F - Confidential DCS Information - Foster Family Home Details - SEALED)(Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
49

MOTION to Maintain Document Under Seal 47 SEALED Document (Case Participants - doc), 48 SEALED Document (Case Participants - doc) (Motion to Maintain Sealed Brief and Sealed Exhibits A-C and F Under Seal in Support of Motion to Remove Unnecessary Parties), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
50

BRIEF/MEMORANDUM in Support re 49 MOTION to Maintain Document Under Seal 47 SEALED Document (Case Participants - doc), 48 SEALED Document (Case Participants - doc) (Motion to Maintain Sealed Brief and Sealed Exhibits A-C and F Under Seal in Support of Motion to Remove Unne cessary Parties), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
51

First MOTION for Attorney(s) Allison Mahoney to Appear pro hac vice (Filing fee $100, receipt number 0756-5601748), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Gray, Nikki) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
52

First MOTION for Extension of Time to File Response to September 9, 2019 re 38 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
53

RESPONSE in Opposition re 41 MOTION to Maintain Document Under Seal 40 SEALED Document (Case Participants - doc) (Defendants' Motion to Maintain Documents Under Seal in Support of Motion to Dismiss), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Exhibit)(Gray, Nikki) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
54

ORDER granting 52 Motion for Extension of Time to File Response to 38 MOTION to Dismiss for Lack of Jurisdiction to 9/9/19. Signed by Magistrate Judge Matthew P. Brookman on 8/29/2019. (JRB) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
55

ORDER granting 41 Motion to Maintain Document 40 Under Seal - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/4/2019. (JRB) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
56

ORDER granting 51 Motion to Appear pro hac vice. Attorney Allison Mahoney for DESMOND C.,Allison Mahoney for BRAXTON F.,Allison Mahoney for JAMES M.,Allison Mahoney for THOMAS M.,Allison Mahoney for SARA O.,Allison Mahoney for JAIDYN R.,Allison Mahoney for LOGAN S.,Allison Mahoney for MILO S.,Allison Mahoney for ASHLEY W.,Allison Mahoney for BETTY W. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 9/5/2019. (JRB) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
57

RESPONSE in Opposition re 44 MOTION to Remove Unnecessary Parties, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit Exhibit A - Mahoney Declaration, # 2 Affidavit Exhibit B - Gray Declaration, # 3 Affidavit Exhibit C - Carrow Affidavit, # 4 Affidavit Exhibit D - Coyle Affidavit, # 5 Affidavit Exhibit E - Durnell Affidavit, # 6 Affidavit Exhibit F - Herbert Affidavit, # 7 Affidavit Exhibit G - Hull Affidavit)(Gray, Nikki) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
58

RESPONSE in Opposition re 49 MOTION to Maintain Document Under Seal 47 SEALED Document (Case Participants - doc), 48 SEALED Document (Case Participants - doc) (Motion to Maintain Sealed Brief and Sealed Exhibits A-C and F Under Seal in Support of Motion to Remove Unne, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
59

Parties' Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON . (Maley, John) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
60

MOTION to Strike 39 Appendix of Exhibits in Support, 43 Brief/Memorandum in Support of 38 Motion to Dismiss for Lack of Jurisdiction, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Bodner, Carrie) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
61

RESPONSE in Opposition re 38 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Bodner, Carrie) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
62

MOTION for Oral Argument, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Bodner, Carrie) (Entered: 09/09/2019)

1 Text of Proposed Order

View on PACER

Sept. 9, 2019

Sept. 9, 2019

PACER
64

MOTION To Eliminate Class Allegations, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
65

BRIEF/MEMORANDUM in Support re 64 MOTION To Eliminate Class Allegations, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
66

Unopposed MOTION for Extension of Time to File Reply to 9/20/2019 re 38 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
67

REPLY in Support of Motion re 49 MOTION to Maintain Document Under Seal 47 SEALED Document (Case Participants - doc), 48 SEALED Document (Case Participants - doc) (Motion to Maintain Sealed Brief and Sealed Exhibits A-C and F Under Seal in Support of Motion to Remove Unne cessary Parties, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
68

REPLY in Support of Motion re 44 MOTION to Remove Unnecessary Parties (Defendants' Reply in Support of Motion to Remove Unnecessary Parties), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
69

ORDER granting 66 Motion for Extension of Time to File Reply to 9/20/2019 re 38 MOTION to Dismiss for Lack of Jurisdiction .. Signed by Magistrate Judge Matthew P. Brookman on 9/13/2019. (RSF) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
70

NOTICE of Supplemental Authority, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W., re 58 Response in Opposition to Motion. (Attachments: # 1 Exhibit Ex. A; Court Order from case Case no. 6:19-cv-00556-AA) (Gray, Nikki) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
71

RESPONSE (Defendants' Response to Plaintiffs' Notice of Supplemental Authority), re 70 Notice (Other), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
72

NOTICE of Intention to File Under Pseudonym, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W. (Attachments: # 1 Exhibit Exhibit A cover sheet, # 2 Text of Proposed Order proposed order) (Gray, Nikki) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
73

SEALED Exhibit A, re 72 Notice (Other), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Gray, Nikki) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
74

First MOTION to Maintain Document Under Seal 73 SEALED Document (Case Participants - doc), 72 Notice (Other), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
75

Motion to Substitute Exhibit at ECF 73, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W., re 73 SEALED Document (Case Participants - doc), 72 Notice (Other). (Gray, Nikki) Modified on 9/20/2019 (JRB). (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
76

SEALED Corrected Exhibit A, re 75 Notice (Other), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Gray, Nikki) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
77

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman - This matter came before the Honorable Matthew P. Brookman, United States Magistrate Judge, by telephone, at 10:30 a.m., Evansville time (CST), on Monday, September 16, 2019, for a conference under Rule 16, Federal Rules of Civil Procedure. Parties were represented by counsel. Plaintiffs seek to proceed under pseudonyms, but have not sought compliance with S.D. Ind. Local Rule 10-1. Plaintiffs shall satisfy Local Rule 10-1(a), (b), and (c) by Friday, September 20, 2019. If Defendants wish to object, an objection must be filed by Friday, October 11, 2019. The parties indicated interest in an expedited briefing schedule on a Motion to Stay Discovery. Defendants shall file a Motion to Stay Discovery by Friday, September 20, 2019. Plaintiffs shall file a response brief in opposition by Friday, September 27, 2019. Defendants shall file a reply brief by Wednesday, October 2, 2019 Signed by Magistrate Judge Matthew P. Brookman. (JRB) (Entered: 09/20/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
78

Proposed Order re: 75 Motion for Leave to Substitute an Exhibit, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Keyes, Melissa) Modified on 9/23/2019 (JRB). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
79

RESPONSE in Opposition re 60 MOTION to Strike 39 Appendix of Exhibits in Support, 43 Brief/Memorandum in Support of 38 Motion to Dismiss for Lack of Jurisdiction (DEFENDANTS RESPONSE TO MOTION TO STRIKE EXHIBITS SUBMITTED IN SUPPORT OF RULE 12(b)(1) JURISDICTIONAL MOTION TO DISMISS), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
80

REPLY in Support of Motion re 38 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
81

MOTION to Stay (DEFENDANTS PARTIAL MOTION TO STAY BURDENSOME DISCOVERY PENDING ADJUDICATION OF FULLY BRIEFED RULE 12(b)(1) AND 12(b)(6) DISMISSAL MOTION), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Attachments: # 1 Exhibit A - Plaintiffs' First Request for Production of Documents)(Maley, John) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
82

Submission of Proposed Order, re 81 MOTION to Stay (DEFENDANTS PARTIAL MOTION TO STAY BURDENSOME DISCOVERY PENDING ADJUDICATION OF FULLY BRIEFED RULE 12(b)(1) AND 12(b)(6) DISMISSAL MOTION), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
83

RESPONSE to Motion re 62 MOTION for Oral Argument on Dismissal Motion, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
84

RESPONSE in Opposition re 64 MOTION To Eliminate Class Allegations, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Gray, Nikki) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
85

Joint MOTION for Protective Order, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Exhibit Ex. A - Agreed Protective Order, # 2 Exhibit Ex. B - Plaintiffs' Proposed Protective Order, # 3 Exhibit Ex. C - Defendants' Proposed Protective Order, # 4 Text of Proposed Order Plaintiffs' proposed order)(Gray, Nikki) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
86

REPLY in Support of Motion re 60 MOTION to Strike 39 Appendix of Exhibits in Support, 43 Brief/Memorandum in Support of 38 Motion to Dismiss for Lack of Jurisdiction, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Bodner, Carrie) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
87

RESPONSE in Opposition re 81 MOTION to Stay (DEFENDANTS PARTIAL MOTION TO STAY BURDENSOME DISCOVERY PENDING ADJUDICATION OF FULLY BRIEFED RULE 12(b)(1) AND 12(b)(6) DISMISSAL MOTION), filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Text of Proposed Order)(Bodner, Carrie) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
88

REPLY in Support of Motion re 64 MOTION To Eliminate Class Allegations (Reply in Support of Defendants' Motion to Eliminate Class Allegations), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
89

REPLY in Support of Motion re 81 MOTION to Stay (DEFENDANTS PARTIAL MOTION TO STAY BURDENSOME DISCOVERY PENDING ADJUDICATION OF FULLY BRIEFED RULE 12(b)(1) AND 12(b)(6) DISMISSAL MOTION) (DEFENDANTS' REPLY IN SUPPORT OF PARTIAL MOTION TO STAY BURDENSOME DISCOVERY PENDING ADJUDICATION OF FULLY BRIEFED RULE 12(b)(1) AND 12(b)(6) DISMISSAL MOTION), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
90

NOTICE of Filing (Defendant's Supplement to Its Reply in Support of Partial Motion to Stay) by All Defendants (Attachments: # 1 Exhibit A) (Maley, John) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
91

STIPULATED PROTECTIVE ORDER - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/30/2019.(JRB) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
92

ORDER granting 75 Motion to Substitute Exhibit - IT IS HEREBY ORDERED that ECF 76 is substituted for ECF 73 (Exhibit A to Plaintiffs' Notice of Intention to File Under Pseudonym, filed under seal). SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2019. (JRB) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
93

ORDER granting 81 Motion to Stay Discovery - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2019. (JRB) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
94

EXHIBIT re 57 Response in Opposition to Motion Plaintiffs' Exhibit H - Wieneke Affidavit by All Plaintiffs. (Bodner, Carrie) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
95

ENTRY PERMITTING LEAVE TO FILE SURREPLY - Defendants shall have through Wednesday, March 18, 2020, to file a surreply, if they so choose, to respond to Exhibit H. Any surreply filed should only relate to Exhibit H. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/12/2020.(AAS) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
96

ORDER ON MOTIONS TO SEAL 49 AND 74 - Defendants Motion to Maintain Document Under Seal is GRANTED in PART and DENIED in PART (Docket No. 49) and Plaintiffs First Motion to Maintain Document Under Seal (Docket No. 74) is GRANTED. Docket No. 47-1, Docket No. 48-4, Docket No. 73, and Docket No. 76 will be maintained under seal. Defendants shall file an updated, redacted version of Docket No. 47-1, in accordance with the instructions herein, as a separate entry by Wednesday, March 18, 2020. This filing will substitute Docket No. 45. Pursuant to Local Rule 5-11(g), the Clerk is DIRECTED to unseal Docket No. 48-1, Docket No. 48-2, and Docket No. 48-3 unless one of the events outlined in that subdivision occurs within twenty-one (21) days of this Entry. Signed by Magistrate Judge Matthew P. Brookman on 3/13/2020. (JRB) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
97

BRIEF/MEMORANDUM in Support re 44 MOTION to Remove Unnecessary Parties (REPLACEMENT BRIEF WITH LIMITED REDACTIONS PURSUANT TO COURT'S ORDER ECF 96 - REPLACES ECF 45), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
98

Surreply re 44 MOTION to Remove Unnecessary Parties (Defendants' Surreply in Response to Belatedly Filed Exhibit (ECF 94)), filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON. (Maley, John) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
99

ORDER ON DEFENDANTS 44 MOTION TO REMOVE UNNECESSARY PARTIES - Defendants Motion to Remove Unnecessary Parties 44 is DENIED as to Ms. Hull, as next friend to Jaidyn and James; Robin Herbert, as next friend to Thomas and Milo; Holly Carrow, as next friend to Sara; Gloria Coyle, as next friend to Logan; and Denise Durnell, as next friend to Ashley and Betty and GRANTED as to Cara Wieneke, as next friend to Braxton and substituting Denise Durnell for Alan Foreman, as next friend to Desmond. The Clerk of the Court is DIRECTED to remove Ms. Wieneke and Mr. Foreman as next friends. Braxton and Desmond shall proceed in their own names as Plaintiffs. The parties shall modify the caption accordingly in future filings. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/20/2020. (JRB) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
100

NOTICE of Supplemental Authority, filed by Defendants DEPARTMENT OF CHILD SERVICES, ERIC HOLCOMB, TERRY STIGDON, re 38 MOTION to Dismiss for Lack of Jurisdiction . (Maley, John) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
101

First MOTION for Reconsideration re 99 Order on Motion to Remove Next Friends, filed by Plaintiffs DESMOND C., BRAXTON F., JAMES M., THOMAS M., SARA O., JAIDYN R., LOGAN S., MILO S., ASHLEY W., BETTY W.. (Attachments: # 1 Affidavit Wieneke Amended Affidavit)(Gray, Nikki) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Disability Rights

Child Welfare

Key Dates

Filing Date: June 25, 2019

Closing Date: June 23, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The named plaintiffs are children in foster care who brought a class action

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

INDIANA DEPARTMENT OF CHILD SERVICES,, State

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)