Case: Jonathan R. v. Justice

3:19-cv-00710 | U.S. District Court for the Southern District of West Virginia

Filed Date: Sept. 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the administration of child welfare.  On September 30, 2019, twelve named plaintiffs, all children in the custody of West Virginia's Department of Health and Human Resources (DHHR), brought a class action complaint against the Governor of West Virginia Jim Justice, as well as the Cabinet Secretary for the West Virginia Department of Health and Human Services (DHHS), the Deputy Secretary for the West Virginia DHHS, and the Commissioner for Bureau of Children and Families (BC…

This is a case about the administration of child welfare.  On September 30, 2019, twelve named plaintiffs, all children in the custody of West Virginia's Department of Health and Human Resources (DHHR), brought a class action complaint against the Governor of West Virginia Jim Justice, as well as the Cabinet Secretary for the West Virginia Department of Health and Human Services (DHHS), the Deputy Secretary for the West Virginia DHHS, and the Commissioner for Bureau of Children and Families (BCF) Linda Watts, and West Virginia DHHS. Filed in the U.S. District Court for the Southern District of West Virginia the plaintiffs sued under 42 U.S.C. § 670 et seq. (Adoption Assistance and Child Welfare Act of 1980 (CWA)), 42 U.S.C. § 12132 (Americans with Disabilities Act (ADA)), and 29 U.S.C. § 701 (Rehabilitation Act). The complaint alleged failure to provide reasonable care and protect from harm the foster children in violation of their Fourteenth Amendment due process protections, denying the right of familial association and protection from psychological harm in violation of their First Amendment right of association, Ninth Amendment reservation of rights to the people, and Fourteenth Amendment’s substantive due process protections, the failure to provide a written case plan for the benefit of the foster children and parents in violation of the CWA, and failure to provide adequate services to disabled children in violation of the ADA and Rehabilitation Act. The plaintiffs sought declaratory and injunctive relief against the systematic deficiencies they alleged. The case was assigned to Judge Robert C. Chambers, then reassigned to Chief Judge Thomas E. Johnston.

In the complaint, plaintiffs alleged they faced repeated maltreatment due to a lack of protection while in state custody, faced discrimination due to disability, and failure to be placed in the least restrictive environment that has resulted in emotional and physical harms. Children in DHHR custody were moved between foster homes repeatedly and in short timespans and provided with inadequate mental and emotional health support. Plaintiffs sought injunctive relief that DHHR complete a needs assessment and care plan for children placed in their custody to determine if the child has disabilities and how to meet their needs and place them in a foster home, ensure adequate DHHR staffing and training of support staff, place disabled children in the most integrated setting and provide therapeutic services, and continue to meet the needs of children approaching adulthood in DHHR custody.

On September 2, 2020, plaintiffs sought class certification of one class and three subclasses, including the Kinship Subclass, the ADA Subclass, and the Aging Out Subclass. The general class included all West Virginia foster children. The Kinship Subclass included children who "are or will be in kinship placements, or who were in kinship placements that unnecessarily disrupted...case management and other services, and permanency planning"; the ADA subclass included children who "have physical, intellectual, cognitive, or mental health disabilities"; and the Aging Out Subclass included children who "are or will be fourteen years or older, who are eligible to receive age-appropriate transition planning...". 

Throughout the litigation, each of the defendants filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim. The defendants argued that the six plaintiffs' claims were moot and that they should be removed from the action. Defendants also argued that under Younger (a case which expanded the Middlesex factors to noncriminal proceedings involving important state interests), abstention was appropriate. The plaintiffs, in response, argued that their claims fell into the exception of mootness for a controversy that is capable of repetition yet evading review, arguing that the challenged action was too short in duration to be fully litigated before cessation but there was a reasonable likelihood that the same party would be subjected to the same action again. 

On July 28, 2021, the court removed six of the named plaintiffs from the action and granted the motion to dismiss. 2021 WL 3195020. Regarding mootness, Chief Judge Johnston held that the claims of six of the named plaintiffs were moot, as each plaintiff was no longer in Defendants' legal or physical custody, and therefore they had no legally cognizable interest in the outcome of the litigation. Further, there was no evidence to meet the burden of establishing the mootness exception for claims evading review yet capable of repetition, and the nature of the case being a class action did not change the analysis as to the six named plaintiffs who were no longer in custody. Next, the court found that abstention under Younger applied, as the case involved "state-initiated abuse and neglect proceedings," as well as a request for the court to issue an injunction aimed at preventing events that could take place in future abuse and neglect proceedings; thus an analysis of the Middlesex factors was necessary to determine if abstention was appropriate. Chief Judge Johnston found that under all three Middlesex factors were satisfied, finding that (1) the relief sought by plaintiffs would "interfere extensively with ongoing state court proceedings for each of the named Plaintiffs"; (2) "the protection fo abused and neglected children is a vital and important state interest"; and (3) the plaintiffs had not proved that the circuit courts lacked jurisdiction or ability to adjudicate the claims during periodic review proceedings as a part of the plaintiff's ongoing abuse and neglect proceedings. Finally, Chief Judge Johnston found that no exceptions toYounger applied, and thus review of the case was inappropriate and the court was barred from considering it. 

On August 4, 2021, plaintiffs appealed the motion to dismiss to the U.S. Court of Appeals for the Fourth Circuit; the case remains ongoing with the appeal pending in the Fourth Circuit.

Summary Authors

Misha Emanoil (3/20/2022)

Documents in the Clearinghouse

Document
1

3:19-cv-00710

Class Action Complaint

Sept. 30, 2019

Sept. 30, 2019

Complaint
18

3:19-cv-00710

Memorandum In Support of Defendants' Motion to Dismiss

Nov. 26, 2019

Nov. 26, 2019

Internal memorandum
130

3:19-cv-00710

Motion / Application / Petition to Certify Class

Sept. 2, 2020

Sept. 2, 2020

Pleading / Motion / Brief
131

3:19-cv-00710

Memorandum In Support of Motion for Class Certification

Sept. 2, 2020

Sept. 2, 2020

Internal memorandum
258

3:19-cv-00710

Memorandum Opinion and Order

July 28, 2021

July 28, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16275025/r-v-justice/

Last updated July 20, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7399173. (Attachment: # 1 Civil Cover Sheet) (jsa) (Entered: 10/01/2019)

1 Civil Cover Sheet

View on RECAP

Sept. 30, 2019

Sept. 30, 2019

Clearinghouse

Case Assigned

Sept. 30, 2019

Sept. 30, 2019

PACER

CASE assigned to Judge Robert C. Chambers. (klc)

Sept. 30, 2019

Sept. 30, 2019

PACER
2

ELECTRONIC SUMMONS ISSUED as to Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 summons as to Bill Crouch, # 2 summons as to Jeremiah Samples, # 3 summons as to Linda Watts, # 4 summons as to West Virginia Department of Health and Human Resources) (jsa)

Oct. 1, 2019

Oct. 1, 2019

PACER

Case Assigned

Oct. 1, 2019

Oct. 1, 2019

PACER
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Oct. 1, 2019

Oct. 1, 2019

PACER
4

ORDER directing this case transferred to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Judge Robert C. Chambers on 10/2/2019. (cc: counsel of record; any unrepresented parties) (jsa)

Oct. 2, 2019

Oct. 2, 2019

RECAP
5

CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this action is reassigned from Judge Robert C. Chambers to Chief Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 10/2/2019.(cc: Judge Chambers; Judge Johnston; counsel of record; unrepresented parties) (klc)

Oct. 2, 2019

Oct. 2, 2019

RECAP
6

NOTICE OF ATTORNEY APPEARANCE by Lori (Peters) Waller on behalf of All Plaintiffs (Waller, Lori) (Modified on 10/8/2019 to replace blank image and on 10/10/2019 to replace unsigned image and to add party filers)(ts).

Oct. 7, 2019

Oct. 7, 2019

PACER
7

NOTICE OF ATTORNEY APPEARANCE by Douglas Buffington, Steven Ray Compton on behalf of Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources. (Compton, Steven)

Oct. 21, 2019

Oct. 21, 2019

PACER
8

STATEMENT OF VISITING ATTORNEY from Philip J. Peisch on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421656. (Compton, Steven)

Oct. 22, 2019

Oct. 22, 2019

PACER
9

STATEMENT OF VISITING ATTORNEY from Caroline M. Brown on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421687. (Compton, Steven)

Oct. 22, 2019

Oct. 22, 2019

PACER
10

STATEMENT OF VISITING ATTORNEY from Rebecca E. Smith on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421714. (Compton, Steven)

Oct. 22, 2019

Oct. 22, 2019

RECAP
11

STIPULATION EXTENDING TIME for Defendants' to file responsive pleading to 1 complaint to 12/02/2019 by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs (Smith, Rebecca) (Modified on 10/27/2019 to add link to #1 complaint to add party filers) (ts).

Oct. 24, 2019

Oct. 24, 2019

PACER
12

STATEMENT OF VISITING ATTORNEY from Marcia Robinson Lowry on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7426563. (Meade, James)

Oct. 24, 2019

Oct. 24, 2019

PACER
13

STATEMENT OF VISITING ATTORNEY from Allison Lynette Mahoney on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7426616. (Meade, James)

Oct. 24, 2019

Oct. 24, 2019

PACER
14

ORDER AND NOTICE: Rule 12(b) Motions 11/18/2019. Rule 26(f) Meeting 12/2/2019. Last day to file report of Rule 26(f) Meeting 12/9/2019. Telephonic Scheduling Conference at 10:00 AM on 12/13/2019 in Charleston. Entry of Scheduling Order 12/18/2019. Last Day to make Rule 26(a)(1) disclosures 12/27/2019. Signed by Judge Thomas E. Johnston on 10/31/2019. (cc: counsel of record; any unrepresented party) (jsa)

Oct. 31, 2019

Oct. 31, 2019

RECAP
15

ORDER acknowledging the parties' 11 Stipulation Extending Time for Defendants to file their response to the 1 Complaint and extending the deadline for Defendants to file their response to the complaint to no later than 12/2/2019. Signed by Judge Thomas E. Johnston on 11/12/2019. (cc: attys; any unrepresented party) (mkw)

Nov. 12, 2019

Nov. 12, 2019

RECAP
16

UNOPPOSED MOTION by Bill Crouch, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Exceed Page Limit for Memorandum in Support of Defendants' Motion to Dismiss (Attachment: # 1 Proposed Order)(Peisch, Philip)

Nov. 21, 2019

Nov. 21, 2019

PACER
17

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint. (Attachments: # 1 Proposed Order, # 2 Appendix Table of Contents, # 3 Appendix 1, # 4 Appendix 2, # 5 Appendix 3, # 6 Appendix 4)(Peisch, Philip)

1 Proposed Order

View on PACER

2 Appendix Table of Contents

View on RECAP

3 Appendix

View on PACER

4 Appendix

View on PACER

5 Appendix

View on PACER

6 Appendix

View on PACER

Nov. 26, 2019

Nov. 26, 2019

RECAP
18

MEMORANDUM by Bill Crouch, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint. (Peisch, Philip)

Nov. 26, 2019

Nov. 26, 2019

Clearinghouse
19

STATEMENT OF VISITING ATTORNEY from Dawn J. Post on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7472576. (Meade, James)

Nov. 26, 2019

Nov. 26, 2019

PACER
20

JOINT MOTION by All Parties to Extend Time to File Response and a Reply as to 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint (Attachment: # 1 Proposed Order)(Walters, Richard) (Modified on 12/2/2019 to add party filers) (ts).

Nov. 27, 2019

Nov. 27, 2019

PACER
21

ORDER granting Defendants' 16 UNOPPOSED MOTION to Exceed Page Limit; Defendants' Memorandum in Support of Defendants' 17 MOTION to Dismiss shall not exceed forty pages. Signed by Judge Thomas E. Johnston on 12/2/2019. (cc: counsel of record; any unrepresented party) (jsa)

Dec. 2, 2019

Dec. 2, 2019

PACER
22

CERTIFICATE OF SERVICE by All Plaintiffs for First Set of Request for Production of Documents to Department of Health and Human Resources. (Meade, James) (Modified on 12/9/2019 to add party filers) (ts).

Dec. 3, 2019

Dec. 3, 2019

PACER
23

ORDER granting the parties' 20 JOINT MOTION for Extension of Time to Respond and Reply to Defendants' 17 MOTION to Dismiss 1 Complaint; extending the deadline for Plaintiffs to file a response to Defendants' Motion to no later than 12/23/2019; Defendants may file a reply in support of their motion no later than 1/13/2020. Signed by Judge Thomas E. Johnston on 12/5/2019. (cc: counsel of record; any unrepresented party) (jsa)

Dec. 5, 2019

Dec. 5, 2019

PACER
24

RULE 26(f) REPORT OF PLANNING MEETING by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs. (Attachment: # 1 Scheduling Order Worksheet)(Peisch, Philip) (Modified on 12/9/2019 to add party filers) (ts)

1 Scheduling Order Worksheet

View on PACER

Dec. 9, 2019

Dec. 9, 2019

RECAP
25

UNOPPOSED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Extension of Page Limit for Plaintiffs' Opposition to Defendants Motion to Dismiss (Attachment: # 1 Proposed Order)(Walters, Richard)

Dec. 9, 2019

Dec. 9, 2019

PACER
26

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' 17 Motion to Dismiss (Attachment: # 1 Proposed Order)(Peisch, Philip) (Modified on 12/11/2019 to add link to #17 motion) (ts).

1 Proposed Order

View on PACER

Dec. 9, 2019

Dec. 9, 2019

RECAP
27

MEMORANDUM by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 26 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' 17 Motion to Dismiss (Peisch, Philip)

Dec. 9, 2019

Dec. 9, 2019

RECAP
28

ORDER continuing the scheduling conference to 3:00 PM on 12/30/2019 in order to allow Plaintiffs time to respond to Defendants' pending 26 MOTION to Stay. Signed by Judge Thomas E. Johnston on 12/12/2019. (cc: counsel of record; any unrepresented party) (jsa)

Dec. 12, 2019

Dec. 12, 2019

RECAP
29

OPPOSITION by Jonathan R. to 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint (Meade, James)

Dec. 23, 2019

Dec. 23, 2019

RECAP
30

RESPONSE by Jonathan R. in opposition to 26 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' Motion to Dismiss (Meade, James)

Dec. 23, 2019

Dec. 23, 2019

RECAP
31

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 30 Response In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Peisch, Philip)

1 Exhibit 1 Ashley W. Order

View on RECAP

2 Exhibit 2 Plaintiffs RFP

View on RECAP

Dec. 29, 2019

Dec. 29, 2019

RECAP
32

AMENDED ORDER regarding call-in information for the telephonic scheduling conference to be held on 12/30/2019 at 3:00 p.m. Signed by Judge Thomas E. Johnston on 12/30/2019. (cc: counsel of record; any unrepresented party) (jsa)

Dec. 30, 2019

Dec. 30, 2019

RECAP
33

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 12/30/2019. (slw)

Dec. 30, 2019

Dec. 30, 2019

RECAP
34

ORDER denying Defendants' 26 MOTION to Stay Discovery; continuing the Telephonic Scheduling Conference to 10:00 AM on 1/16/2020 in Charleston, with call-in information as more fully set forth herein. Signed by Judge Thomas E. Johnston on 12/30/2019. (cc: counsel of record; any unrepresented party) (jsa)

Dec. 30, 2019

Dec. 30, 2019

RECAP
35

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 29 Response In Opposition. (Peisch, Philip)

Jan. 13, 2020

Jan. 13, 2020

PACER
36

RULE 26(f) REPORT OF PLANNING MEETING by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs. (Attachment: # 1 Scheduling Order Worksheet)(Peisch, Philip) (Modified on 1/15/2020 to add party filers) (ts).

Jan. 14, 2020

Jan. 14, 2020

PACER
37

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Leave to File Sur-reply in Response to Defendants' 35 Reply in Support of the Motion to Dismiss with proposed document attached. (Attachments: # 1 Sur-reply, # 2 Proposed Order)(Walters, Richard)

Jan. 16, 2020

Jan. 16, 2020

PACER
38

MEMORANDUM OF LAW by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 37 MOTION by Plaintiffs for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss. (Walters, Richard)

Jan. 16, 2020

Jan. 16, 2020

PACER
43

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 1/16/2020. (slw) (Entered: 01/23/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
39

STATEMENT OF VISITING ATTORNEY from Valerie J. McLaughlin on behalf of L. Scott Briscoe. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7516658. (Meade, James)

Jan. 17, 2020

Jan. 17, 2020

PACER
40

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order (Attachments: # 1 Proposed Protective Order, # 2 Proposed Protective Order - Redlined)(Peisch, Philip)

Jan. 21, 2020

Jan. 21, 2020

PACER
41

RESPONSE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in opposition to 37 MOTION by Plaintiffs for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss (Peisch, Philip)

Jan. 21, 2020

Jan. 21, 2020

PACER

Motions Referred

Jan. 21, 2020

Jan. 21, 2020

PACER
42

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Protective Order and Memorandum in Support (Attachments: # 1 Proposed Protective Order, # 2 Affidavit Declaration of Marcia Lowry, # 3 Proposed Order)(Walters, Richard)

Jan. 21, 2020

Jan. 21, 2020

PACER

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 40 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order. (ts)

Jan. 21, 2020

Jan. 21, 2020

PACER

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 42 MOTION by Plaintiffs for Protective Order (ts)

Jan. 21, 2020

Jan. 21, 2020

PACER

Motions Referred

Jan. 22, 2020

Jan. 22, 2020

PACER
44

SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 2/24/2020. Discovery requests to be completed by 11/2/2020 and all depositions by 12/1/2020. Expert Witness List by parties bearing the burden of proof due by 10/2/2020, by party not bearing burden of proof due by 11/2/2020, and to solely contradict or rebut evidence due by 11/17/2020. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 12/16/2020 with responses due by 12/30/2020, and replies due by 1/7/2021. Settlement Meeting to be held by 2/22/2021. Motions in Limine to be filed by 3/1/2021, with responses due by 3/8/2021. Plaintiffs' portion of proposed Pretrial Order to defendants due by 2/25/2021, Proposed Integrated Pretrial Order due by 3/4/2021. Pretrial Conference set for 4/1/2021 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Jury Charge by 4/6/2021. Final Settlement Conference at 10:00 AM on 4/1/2021 in Charleston; Individuals with full authority to settle the case for each party shall be present in person. Trial set for 4/13/2021 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 1/23/2020. (cc: counsel of record; any unrepresented party) (hkl)

Jan. 23, 2020

Jan. 23, 2020

PACER
45

UNCONTESTED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for an Order Appointing Next Friends (Attachments: # 1 Affidavit Ord, # 2 Affidavit Greiner, # 3 Affidavit Stone, # 4 Affidavit Huffman, # 5 Affidavit Santillion, # 6 Proposed Order)(Walters, Richard)

Jan. 23, 2020

Jan. 23, 2020

PACER
46

MEMORANDUM by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 45 UNCONTESTED MOTION by Plaintiffs for an Order Appointing Next Friends (Walters, Richard)

Jan. 23, 2020

Jan. 23, 2020

PACER
47

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Substitution of Next Friend and Memorandum in Support (Attachments: # 1 McLaughlin Declaration, # 2 Greiner Affidavit, # 3 Proposed Order)(Walters, Richard)

Jan. 24, 2020

Jan. 24, 2020

PACER
48

ORDER scheduling a Telephonic Status Conference for 1/29/2020 at 10:00 AM in Charleston before Judge Thomas E. Johnston, with the call-in information more fully set forth herein. Signed by Judge Thomas E. Johnston on 1/27/2020. (cc: counsel of record; any unrepresented party) (jsa)

Jan. 27, 2020

Jan. 27, 2020

PACER
49

SUPPLEMENT to Appendix in Support of 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources (Attachments: # 1 Appendix Tab 5, # 2 Appendix Tab 6)(Peisch, Philip)

Jan. 27, 2020

Jan. 27, 2020

PACER
50

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 1/29/2020. (slw)

Jan. 29, 2020

Jan. 29, 2020

PACER
51

ORDER granting Plaintiffs' 37 MOTION for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss; Plaintiffs' 45 UNCONTESTED MOTION for an Order Appointing Next Friends; and Plaintiffs' 47 MOTION for Substitution of Next Friend. Signed by Judge Thomas E. Johnston on 1/29/2020. (cc: counsel of record; any unrepresented party) (jsa)

Jan. 29, 2020

Jan. 29, 2020

PACER
52

SURREPLY by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to 31 REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 30 RESPONSE In Opposition to Defendants' 17 MOTION to Dismiss. (jsa)

Jan. 29, 2020

Jan. 29, 2020

PACER
53

STIPULATION EXTENDING TIME for Defendants to Respond to 22 Certificate of Service for First Request For Production of Documents to March 2, 2020 by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs (Peisch, Philip) (Modified on 2/3/2020 to add party filers) (ts).

Jan. 31, 2020

Jan. 31, 2020

PACER
54

OPPOSITION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in opposition to 42 MOTION by Plaintiffs for Protective Order (Peisch, Philip)

Feb. 4, 2020

Feb. 4, 2020

PACER
55

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peisch, Philip) (Modified on 2/10/2020 to add link to #1 complaint) (ts).

Feb. 7, 2020

Feb. 7, 2020

PACER
56

MEMORANDUM OF LAW by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 55 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Peisch, Philip)

Feb. 7, 2020

Feb. 7, 2020

PACER
57

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Peisch, Philip)

Feb. 7, 2020

Feb. 7, 2020

PACER
58

MEMORANDUM OF LAW by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 57 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2 (Peisch, Philip)

Feb. 7, 2020

Feb. 7, 2020

PACER
59

STATEMENT OF VISITING ATTORNEY from Julia M. Siegenberg on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7539857. (Compton, Steven)

Feb. 10, 2020

Feb. 10, 2020

PACER
60

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for First Response to First Request for Production of Documents. (Peisch, Philip)

Feb. 10, 2020

Feb. 10, 2020

PACER
61

MEMORANDUM by L. Scott Briscoe in opposition to 55 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Attachment: # 1 Affidavit)(Meade, James)

Feb. 14, 2020

Feb. 14, 2020

PACER
62

MEMORANDUM OF LAW by L. Scott Briscoe in support of 57 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2 (Meade, James)

Feb. 14, 2020

Feb. 14, 2020

PACER
63

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Second and Third Response to First Request for Production of Documents. (Siegenberg, Julia)

Feb. 17, 2020

Feb. 17, 2020

PACER
64

CERTIFICATE OF SERVICE by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Second Request for Production of Documents. (Ooten, Brian)

Feb. 20, 2020

Feb. 20, 2020

PACER
65

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 61 Memorandum In Opposition. (Attachment: # 1 Exhibit 1)(Brown, Caroline)

Feb. 21, 2020

Feb. 21, 2020

PACER
66

ORDER setting a telephonic motion hearing on Defendants' 40 MOTION for Entry of Defendants' Proposed Protective Order and Plaintiffs' 42 MOTION for and Memorandum of Law in Support of Protective Order for 2/28/2020 at 2:00 PM in Huntington before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 2/24/2020. (cc: counsel of record; any unrepresented party) (jsa)

Feb. 24, 2020

Feb. 24, 2020

PACER
67

ORDER granting Defendants' 57 MOTION for Leave to File Under Seal Exhibits 1 and 2; directing the Clerk to place the exhibits under seal. Signed by Judge Thomas E. Johnston on 2/26/2020. (cc: counsel of record; any unrepresented party) (jsa)

Feb. 26, 2020

Feb. 26, 2020

PACER
68

EXHIBITS 1 AND 2 to Defendants' 55 MOTION to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K.; filed under seal pursuant to 67 Order. (Attachment: # 1 Exhibit 2) (jsa)

Feb. 26, 2020

Feb. 26, 2020

PACER
69

JOINT MOTION by Parties for Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) (Attachment: # 1 Proposed Order)(Smith, Rebecca) (Modified on 3/2/2020 to add party filers) (ts).

Feb. 28, 2020

Feb. 28, 2020

PACER
70

ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b); directing that the following procedures shall govern the inadvertent production of privileged or confidential documents, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 2/28/2020. (cc: counsel of record; any unrepresented party) (jsa)

Feb. 28, 2020

Feb. 28, 2020

PACER
71

TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 2/28/2020 re: 40 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order, 42 MOTION by Plaintiffs for Protective Order; Court Reporter: CourtSmart. (hkl)

Feb. 28, 2020

Feb. 28, 2020

PACER
72

ORDER granting in part and denying in part Defendants' 40 MOTION for Entry of a Proposed Protective Order and Plaintiffs' 42 MOTION for a Protective Order; directing that the completed Agreed Protective Order shall be submitted to the undersigned within ten (10) days of the date of this Order; if the parties encounter further issues that cannot be resolved between them, they should contact chambers as soon as possible and a follow-up telephone conference will be arranged. Signed by Magistrate Judge Cheryl A. Eifert on 2/28/2020. (cc: counsel of record) (jsa)

Feb. 28, 2020

Feb. 28, 2020

PACER
73

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Fourth Response to First Request for Production of Documents. (Siegenberg, Julia)

March 2, 2020

March 2, 2020

PACER
74

JOINT MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs for Protective Order (Attachment: # 1 Proposed Order)(Peisch, Philip) (Modified on 3/7/2020 to add party filers) (ts).

March 6, 2020

March 6, 2020

PACER

Motions Referred

March 6, 2020

March 6, 2020

PACER

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 74 JOINT MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs for Protective Order (ts)

March 6, 2020

March 6, 2020

PACER

Motions Referred

March 8, 2020

March 8, 2020

PACER
75

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for First Request for Production of Documents to Plaintiffs. (Siegenberg, Julia)

March 13, 2020

March 13, 2020

PACER
76

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Response to Plaintiffs' Second Request for Production of Documents. (Siegenberg, Julia)

March 21, 2020

March 21, 2020

PACER
77

ORDER granting the parties' 74 JOINT MOTION for Protective Order. Signed by Magistrate Judge Cheryl A. Eifert on 4/3/2020. (cc: counsel of record; any unrepresented party) (jsa)

April 3, 2020

April 3, 2020

PACER
78

PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 4/3/2020. (cc: counsel of record; any unrepresented party) (jsa)

April 3, 2020

April 3, 2020

PACER
79

CERTIFICATE OF SERVICE by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for First Response to Defendants First Request for Production of Documents. (Walters, Richard)

April 10, 2020

April 10, 2020

PACER
80

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to Modify 44 Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walters, Richard)

April 24, 2020

April 24, 2020

PACER
81

AMENDED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to Modify 44 Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Walters, Richard)

May 6, 2020

May 6, 2020

PACER
82

NOTICE OF SUPPLEMENTAL AUTHORITY re: 29 Response in Opposition by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. (Meade, James) (Modified on 5/17/2020 to add link to #29 response in opposition) (ts).

May 15, 2020

May 15, 2020

PACER
83

EXHIBIT by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 82 Notice of Supplemental Authority (Meade, James)

May 15, 2020

May 15, 2020

PACER
84

AMENDED SCHEDULING ORDER granting Plaintiffs' 80 MOTION and 81 AMENDED MOTION to amend schedule and amending as follows: Discovery requests to be completed by 1/4/2021, and all depositions by 2/1/2021. Expert Witness List by parties bearing the burden of proof due by 12/2/2020, by party not bearing burden of proof due by 1/4/2021, and to solely contradict or rebut evidence due by 1/18/2021. Dispositive Motions except those filed under Rule 12(b) due by 2/16/2021 with responses due by 3/1/2021 and replies due by 3/8/2021. Settlement Meeting to be held by 4/22/2021. Motions in Limine to be filed by 5/3/2021, with responses due by 5/10/2021; Plaintiffs' portion of proposed Pretrial Order to defendants due by 4/26/2021, Proposed Integrated Pretrial Order due by 5/4/2021. Pretrial Conference set for 6/2/2021 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Jury Charges due by 6/8/2021. Final Settlement Conference at 10:00 AM on 6/2/2021 in Charleston; individuals with full authority to settle the case for each party shall be present in person; Trial set for 6/15/2021 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 5/20/2020. (cc: counsel of record; any unrepresented party) (hkl)

May 20, 2020

May 20, 2020

PACER

Motions Referred

May 20, 2020

May 20, 2020

PACER
85

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order)(Peisch, Philip)

May 20, 2020

May 20, 2020

PACER

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 85 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (ts)

May 20, 2020

May 20, 2020

PACER
86

STATEMENT OF VISITING ATTORNEY from Tavi L. Unger on behalf of L. Scott Briscoe, Sarah Dixon, Calvin K., Ace L., Cathy L. Greiner, Jonathan R., Carolina K., Isabelle Santillion, Chris K., April Flowers, Serena S., Gretchen C., Karter W., Debbie Stone, Dennis R., Theo S., Anastasia M., Katherine Huffman, Garrett M., Cheryl Ord. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7630446. (Meade, James)

June 1, 2020

June 1, 2020

PACER
87

MEMORANDUM by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in opposition to 85 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit Declaration of Marcia Lowry)(Meade, James)

June 1, 2020

June 1, 2020

PACER
88

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiff Garrett M. re: 1 Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Peisch, Philip) (Modified on 6/7/2020 to add link to #1 complaint) (ts).

June 4, 2020

June 4, 2020

PACER