U. S. Court of Appeals for the Second Circuit

340 F.3d 27

COMPLAINT: Class Action; filing fee $ 150.00 receipt # 12556 (Summonses/waivers Issued) (Notice of Magistrate Judge assignment given at counter) (pjd) (Entered: 04/28/1999)

File sent to Burlington (pjd) (Entered: 04/28/1999)

RETURN OF SERVICE executed as to defendant Vermont, State of on 5/4/99 (pjd) (Entered: 05/10/1999)

RETURN OF SERVICE executed as to defendant Rodney Copeland on 5/4/99 (pjd) (Entered: 05/10/1999)

STIPULATION AND ORDER TO EXTEND TIME PERIOD TO FILE ANSWER, Answer due on 6/7/99 for Rodney Copeland, for VT Dev & Mental Svc, for Vermont, State of ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 06/04/1999)

MOTION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to Dismiss for Lack of Jurisdiction (pjd) Modified on 06/07/1999 (Entered: 06/07/1999)

MEMORANDUM by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland in support of [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 06/07/1999)

CERTIFICATE OF SERVICE: interrogatories sent by pltf Nancy Hargrave to dfts VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 06/08/1999)

MOTION by plaintiff Nancy Hargrave for extension of time by 30 days within which to respond to dft's motion to dismiss (pjd) (Entered: 06/10/1999)

MEMORANDUM by plaintiff Nancy Hargrave in support of [9-1] motion for extension of time by 30 days within which to respond to dft's motion to dismiss (pjd) (Entered: 06/10/1999)

**General Order 41 consent forms received from all parties (jjj) (Entered: 06/15/1999)

ENDORSED ORDER: granting [9-1] motion for extension of time by 30 days within which to respond to dft's motion to dismiss [6-1] ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 06/15/1999)

CERTIFICATE OF SERVICE: requests for production of documents by plaintiff Nancy Hargrave (pjd) (Entered: 06/30/1999)

MOTION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction (pjd) (Entered: 07/01/1999)

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 07/01/1999)

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [12-1] motion to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction (pjd) (Entered: 07/12/1999)

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave re: [13-1] opposition memorandum to [6-1] motion to Dismiss for Lack of Jurisdiction (mek) (Entered: 07/16/1999)

ENDORSED ORDER: denying motion to Stay all discovery deadlines until court decides the pending question re: subject matter jurisdiction [12-1], stip disc schedule due within 30 days (by 8/19/99) (Magistrate Judge Jerome J. Niedermeier ) Cy to parties (mek) (Entered: 07/16/1999)

REPLY MEMORANDUM by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to opposition to [6-1] motion to Dismiss for Lack of Jurisdiction (pjd) (Entered: 07/19/1999)

ENE LETTER re: potential evaluators sent; resp to ENE ltr due 8/9/99 (law) (Entered: 07/20/1999)

MOTION by movant VT Protection & Adv to Intervene as a plaintiff (pjd) (Entered: 08/02/1999)

MEMORANDUM by movant VT Protection & Adv in support of [18-1] motion to Intervene as a plaintiff (pjd) (Entered: 08/02/1999)

JOINT STIPULATION by pltf Nancy Hargrave, dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland As to Exemption from ENE Process (law) (Entered: 08/10/1999)

STIPULATION AND MOTION by pltf Nancy Hargrave, dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland, movant VT Protection & Adv For Extension of Time for Filing of Dfts' Response to Motion to Intervene (law) (Entered: 08/12/1999)

ENDORSED ORDER: granting [20-1] joint Stipulation As to Exemption from ENE Process, excusing case from ENE ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 08/16/1999)

ENDORSED ORDER: granting [21-1] joint motion For Extension of Time for Filing of Dfts' Response to Motion to Intervene [18-1] ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 08/16/1999)

NOTICE OF HEARING: setting hearing on [18-1] motion to Intervene as a plaintiff by VT Protection & Adv and [6-1] motion to Dismiss for Lack of Jurisdiction by Rodney Copeland, VT Dev & Mental Svc, Vermont, State of for 10:00 9/2/99 Cy to parties (jjj) (Entered: 08/18/1999)

MOTION with memorandum in support by pltf Nancy Hargrave For Continuance of Hearing now set for 9/2/99 (law) (Entered: 08/20/1999)

RECEIVED proposed Stipulated Discovery Schedule/Order; (law) (Entered: 08/23/1999)

STIPULATED DISCOVERY SCHEDULE/ORDER setting Discovery cutoff 4/16/00 ; Deadline for filing of all motions 5/16/00 ; ready for trial by 6/30/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/23/1999)

ENDORSED ORDER: finding the motion For Continuance of Hearing now set for 9/2/99 [23-1] moot, motion hearing set for 9:30 9/27/99 for [18-1] motion to Intervene as a plaintiff, motion hearing set for 9:30 9/27/99 for [6-1] motion to Dismiss for Lack of Jurisdiction ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/24/1999)

MOTION by defendants Vermont, State of, defendants VT Dev & Mental Svc, Rodney Copeland in opposition to [18-1] motion to Intervene as a plaintiff (pjd) (Entered: 08/27/1999)

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) John Wallace, Esq. and Jennifer Myka, Esq. for defts and O. Whitman Smith, Esq. and Susan Aranoff, Esq. for pltfs. ORDERED: taking under advisement on 9/10/99 [18-1] motion to Intervene as a plaintiff, taking under advisement on 8/27/99 [6-1] motion to Dismiss for Lack of Jurisdiction (jjj) (Entered: 08/27/1999)

CERTIFICATE OF SERVICE responses to pltfs' requests to produce by dft State of Vt, VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 09/07/1999)

REPLY MEMORANDUM by movant VT Protection & Adv re: [18-1] motion to Intervene as a plaintiff (law) (Entered: 09/10/1999)

MOTION by plaintiff Nancy Hargrave to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 (pjd) (Entered: 09/17/1999)

MEMORANDUM by plaintiff Nancy Hargrave in support of [28-1] motion to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 (pjd) (Entered: 09/17/1999)

ENDORSED ORDER: granting [28-1] motion to Extend Time for filing for class certification until 30 days after receipt of complete responses to pltf's interrogatories to dfts Copeland and Dept. of Developmental and Mental Health Services: Set 1 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 01/11/2000)

OPINION AND ORDER ( Magistrate Judge Jerome J. Niedermeier ) granting [18-1] motion to Intervene as a plaintiff, denying motion to Dismiss for Lack of Jurisdiction [6-1] Cy to parties (pjd) (Entered: 01/11/2000)

INTERVENOR'S FIRST AMENDED COMPLAINT by VT Protection & Adv against defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland (pjd) (Entered: 01/27/2000)

ANSWER to [1-1] complaint by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland (Attorney John Wallace); stipulated discovery schedule due 2/24/00 (pjd) (Entered: 01/27/2000)

ANSWER by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland to [31-1] pltf-intervenor's first amended complaint (law) (Entered: 03/17/2000)

MOTION by plaintiff Nancy Hargrave to Amend [1-1] complaint (law) (Entered: 02/03/2000)

MEMORANDUM by plaintiff Nancy Hargrave in support of [34-1] motion to Amend [1-1] complaint (law) (Entered: 02/03/2000)

CERTIFICATE OF SERVICE: responses to pltf's first set of interrogatories filed by dfts VT Dev & Mental Svc, Rodney Copeland (law) (Entered: 02/10/2000)

MOTION by plaintiff Nancy Hargrave For Class Certification (law) (Entered: 03/01/2000)

MEMORANDUM by plaintiff Nancy Hargrave in support of [37-1] motion For Class Certification (law) (Entered: 03/01/2000)

ORDER granting [34-1] motion to Amend [1-1] complaint ( Magistrate Judge Jerome J. Niedermeier ) [EOD Date 3/1/00] Cy to parties (pjd) (Entered: 03/01/2000)

FIRST AMENDED COMPLAINT: CLASS ACTION by plaintiff Nancy Hargrave , amending [1-1] complaint (pjd) (Entered: 03/01/2000)

ANSWER to [40-1] pltf's amended complaint by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland ; stipulated discovery schedule due 4/16/00 (law) (Entered: 03/17/2000)

MOTION with memorandum in support by plaintiff Nancy Hargrave to Compel production of documents (pjd) (Entered: 03/21/2000)

AMENDED ANSWER to Complaint by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland : amends [41-1] answer (pjd) (Entered: 03/21/2000)

STIPULATION RECEIVED re: Extend Time to Response to Pltf's Motion for Class Action (law) (Entered: 03/24/2000)

STIPULATION AND ORDER To Extend Time to File Response to [37- 1] motion For Class Certification; response due 3/31/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 03/24/2000)

MOTION by all dfts to Extend Time to 4/5/00 to File dfts' response to pltf's motion for class action (kac) (Entered: 03/31/2000)

ENDORSED ORDER: granting [45-1] motion to Extend Time to 4/5/00 to File dfts' response to pltf's [37-1] motion For Class Certification ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 04/03/2000)

OPPOSITION by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to [37-1] motion For Class Certification (pjd) (Entered: 04/05/2000)

ENDORSED ORDER: granting [47-1] Stipulation to Extend Time to File Defendants' Response to Pltf's Motion to Compel [42-1] motion to Compel production of documents, response due 4/7/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 04/07/2000 (Entered: 04/06/2000)

MEMORANDUM by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland in opposition to [42-1] motion to Compel production of documents (law) (Entered: 04/07/2000)

NOTICE OF HEARING: setting hearing on [42-1] motion to Compel production of documents by Nancy Hargrave and [37-1] motion For Class Certification by Nancy Hargrave for 10:00 5/2/00 Cy to parties (jjj) (Entered: 04/13/2000)

STIPULATION AND ORDER reply due 5/5/00 for [37-1] motion For Class Certification ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 04/25/2000)

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) O. Whitman Smith, Esq. for pltfs; John Wallace, Esq. and Jennifer Myka, Esq. for defts .ORDERED: [42-1] motion to Compel production of documents held in abeyance until motion for class certification is decided; taking under advisement on 5/15/00 [37-1] motion For Class Certification (jjj) (Entered: 05/02/2000)

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave in support of [37-1] motion For Class Certification (law) (Entered: 05/05/2000)

AMENDED CERTIFICATE OF SERVICE by plaintiff Nancy Hargrave re: [51-1] supplemental memorandum (pjd) (Entered: 05/08/2000)

AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER setting Discovery cutoff 9/30/00 ; Deadline for filing of all motions 10/30/00 ; ready for trial by 11/30/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 05/08/2000)

AFFIDAVIT of Elizabeth Manfredi by intervenor-plaintiff VT Protection & Adv in support of [37-1] motion For Class Certification (pjd) (Entered: 05/12/2000)

REPLY by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to pltf's supplemental memorandum in support of [37- 1] motion For Class Certification (pjd) (Entered: 05/12/2000)

CERTIFICATE OF SERVICE: interrogatories and requests to produce sent by dft VT Dev & Mental Svc to pltfs Nancy Hargrave, VT Protection & Adv (law) Modified on 06/19/2000 (Entered: 06/19/2000)

OPINION AND ORDER ( Magistrate Judge Jerome J. Niedermeier ) granting [37-1] motion For Class Certification. The class shall consist of individuals within the state of Vermont who have been or in the future will be diagnosed as having a mental illness & who either have or will execute a durable power of atty for health care or have been or in the future will be deterred from executing such an advance directive for health care as a result of Act 114. Cy to parties (law) Modified on 02/07/2002 (Entered: 07/06/2000)

AMENDED DISCOVERY STIPULATION AND ORDER resetting Discovery cutoff 11/15/00 ; Deadline for filing of all motions 12/15/00 ; ready for trial by 1/15/01 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 08/01/2000)

MOTION by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv for partial summary judgment (law) (Entered: 08/10/2000)

STATEMENT OF UNDISPUTED MATERIAL FACTS in support of [60-1] motion for partial summary judgment by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv (law) (Entered: 08/10/2000)

MEMORANDUM OF LAW by pltf Nancy Hargrave, intervenor-pltf VT Protection & Adv in support of [60-1] motion for partial summary judgment (law) (Entered: 08/10/2000)

CERTIFICATE OF SERVICE: first set of requests for admissions, second set of interrogatories, and second set of requests for production of documents by pltf Nancy Hargrave (law) (Entered: 08/15/2000)

NOTICE OF HEARING: setting hearing on [42-1] motion to Compel production of documents by Nancy Hargrave for 10:00 8/24/00 Cy to parties (jjj) (Entered: 08/15/2000)

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) O. Whitman Smith, Esq. for pltf; Jennifer Myka, Esq. for deft. ORDERED: granting [42-1] motion to Compel production of documents. All discovery is stayed pending resolution of pending partial summary judgment motion. Deft to have until 10/2/00 to respond to said motion. (jjj) (Entered: 08/25/2000)

STIPULATION AND ORDER To Extend Time to File Defendants' Opposition to [60-1] motion for partial summary judgment to 10/2/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 09/08/2000 (Entered: 09/07/2000)

MOTION by dfts State of Vermont, VT Dev & Mental Svc, Rodney Copeland For Leave to Exceed Page Limit of Memoranda for Consolidated Motions in Support of and Opposing Summary Judgment on All Claims (law) (Entered: 09/27/2000)

MOTION by dfts State of Vt, VT Dev & Mental Svc for partial summary judgment , and to Dismiss (PREVIOUS ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

RESPONSE by dfts State of Vermont, VT Dev & Mental Svc to [61-1] pltfs' statement of undisputed facts re: [60-1] motion for partial summary judgment (NEXT ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

STATEMENT OF UNDISPUTED FACTS re: [67-1] motion for partial summary judgment by dfts State of Vermont, VT Dev & Mental Svc (PREVIOUS ENTRY PART OF SAME DOCUMENT) (law) (Entered: 10/02/2000)

MEMORANDUM OF LAW by dfts State of Vermont, VT Dev & Mental Svc opposing [60-1] motion for partial summary judgment (PREVIOUS ENTRY PART OF SAME DOCUMENT) (EXHIBITS LOCATED IN EXPANDABLE FOLDER) (law) Modified on 10/02/2000 (Entered: 10/02/2000)

MOTION by dfts State of Vermont, VT Dev & Mental Svc for Summary Judgment , and to Dismiss (PREVIOUS ENTRY PART OF SAME DOCUMENT) (EXHIBITS LOCATED IN SEPARATE EXPANDABLE FOLDER) (law) Modified on 10/02/2000 (Entered: 10/02/2000)

STIPULATION AND ORDER TO EXTEND TIME TO FILE PLAINTIFF'S AND PLAINTIFF-INTERVENOR'S RESPONSES TO [67-1] motion for partial summary judgment; response due 12/1/00 ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) Modified on 11/02/2000 (Entered: 11/01/2000)

MOTION by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland for partial summary judgment on pltf's constitutional claims (law) (Entered: 11/27/2000)

MEMORANDUM OF LAW by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland in support of [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 11/27/2000)

REPLY by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv to [67-1] motion for partial summary judgment (pjd) (Entered: 12/01/2000)

STATEMENT OF UNDISPUTED MATERIAL FACTS in support of [60-1] motion for partial summary judgment by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv (pjd) (Entered: 12/01/2000)

STATEMENT OF DISPUTED MATERIAL FACTS in opposition to [67-1] motion for partial summary judgment by plaintiff Nancy Hargrave, intervenor-plaintiff VT Protection & Adv (pjd) (Entered: 12/01/2000)

STIPULATION RECEIVED re: Extend Time to File Responses to [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 12/22/2000)

STIPULATION AND ORDER reply due 1/8/01 for [67-1] motion for partial summary judgment and response due 2/15/01 for [71-1] motion for partial summary judgment on pltf's constitutional claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (law) (Entered: 12/26/2000)

REPLY by dfts State of Vt, VT Dev & Mental Svc, Rodney Copeland to response to [67-1] motion for partial summary judgment (law) (Entered: 01/09/2001)

MEMORANDUM by plaintiff Nancy Hargrave in opposition to [71-1] motion for partial summary judgment on pltf's constitutional claims (pjd) (Entered: 02/16/2001)

STIPULATION RECEIVED re: to Extend Time to File Dft's Reply to [71-1] motion for partial summary judgment on pltf's constitutional claims (law) (Entered: 02/26/2001)

STIPULATION AND ORDER to extend time to file dfts' reply to opposition to dft's motion for partial summary judgment on constitutional claims; reply due 3/26/01 for [71-1] motion for partial summary judgment on pltf's constitutional claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (pjd) (Entered: 03/08/2001)

REPLY by defendants Vermont, State of, VT Dev & Mental Svc, Rodney Copeland to opposition to [71-1] motion for partial summary judgment on pltf's constitutional claims (pjd) (Entered: 03/26/2001)

ENDORSED ORDER: granting [66-1] motion For Leave to Exceed Page Limit of Memoranda for Consolidated Motions in Support of and Opposing Summary Judgment on All Claims ( Magistrate Judge Jerome J. Niedermeier ) Cy to parties (See referenced document for image) (pjd) (Entered: 04/02/2001)

NOTICE OF HEARING: setting hearing on [71-1] motion for partial summary judgment on pltf's constitutional claims by Rodney Copeland, VT Dev & Mental Svc, Vermont, State of [69-1] motion for Summary Judgment by VT Dev & Mental Svc, Vermont, State of [69-2] motion to Dismiss by VT Dev & Mental Svc, Vermont, State of [67-1] motion for partial summary judgment by VT Dev & Mental Svc, Vermont, State of [67-2] motion to Dismiss by VT Dev & Mental Svc, Vermont, State of [60-1] motion for partial summary judgment by VT Protection & Adv, Nancy Hargrave for 10:30 4/13/01 Cy to parties (jjj) (Entered: 04/02/2001)

MINUTE ENTRY: by Magistrate Judge Jerome J. Niedermeier (Ct Rptr: taped) Atty O. Whitman Smith present for pltf, Jennifer Myka, Esq. and John Wallace, Esq. present for dfts. Hearing on pending motions. Statements by counsel. ORDERED: taking under advisement on [71-1] motion for partial summary judgment on pltf's claims, [69-1] motion for Summary Judgment, [69-2] motion to Dismiss, [67-1] motion for partial summary judgment, [67-2] motion to Dismiss, [60-1] motion for partial summary judgment (law) (Entered: 04/13/2001)

SUPPLEMENTAL MEMORANDUM by plaintiff Nancy Hargrave in response to dfts' new citation re: [69-1] motion for Summary Judgment, [67-1] motion for partial summary judgment, [60-1] motion for partial summary judgment (pjd) (Entered: 04/26/2001)