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

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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 (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. A panel of the Fourth Circuit, including Circuit Judges Harris, Rushing, and Floyd heard argument on March 9, 2022 and issued its opinion affirming in part and denying in part on July 20, 2022. The Fourth Circuit held that named plaintiffs' claims were rendered moot; exception to mootness that allowed certification of class to relate back to filing of complaint if named plaintiffs' claims were rendered moot applied; Younger abstention did not apply; and Rooker-Feldman abstention did not apply. Beginning with mootness, the Fourth Circuit agreed with plaintiffs' argument that where a named plaintiff's individual claim becomes moot before the district court has an opportunity to certify the class, the certification may "relate back" to the filing of the complaint if other class members will continue to be subject to the challenged conduct and claims raised were inherently transitory (relying on Gerstein v. Pugh, 420 U.S. 103 (1975)). In particular, the Fourth Circuit focused on the unpredictability of foster-care placements and the danger of devastating entire childhoods. 41 F.4th 316.

On the application of Younger abstention, the Fourth Circuit disagreed with the district court's holding that this case fell within federal abstention because state circuit courts have exclusive jurisdiction over the setting in which children are placed. The Fourth Circuit held that quarterly state court hearings were not entitled to Younger treatment (they aren't criminal trials, nor do they fit within the type of civil enforcement or judicial process proceedings to which Younger would apply) and would not further any federalism interests in comity. In addition, the Fourth Circuit thought it was premature to dismiss the case before the court has an opportunity to consider what relief could properly constitute. The Fourth Circuit rejected defendants' arguments for applying Rooker-Feldman abstention for similar reasons and because plaintiffs did not object to a state court decision but to a state Department, which does not fall within the doctrine. 41 F.4th 316.

Defendants filed a petition for a writ of certiorari with the U.S. Supreme Court, seeking review of the Fourth Circuit opinion. The Supreme Court denied cert on October 11, 2022, notifying the Fourth Circuit in a letter.

The parties proceeded with discovery and defendants submitted status reports. On September 20, 2022, defendants filed a motion to dismiss for failure to state a claim and stay discovering pending the motion to dismiss. The court granted a two week stay on September 28, 2022, to allow parties to engage in discussions. On December 19, 2022, defendants filed a motion for a protective order, which the court granted on January 10, 2023. The court granted and denied in part defendants' motion to dismiss on January 13, 2023. The court analyzed each of plaintiffs' five claims under their proposed classes: the general class (all children who are or will be in West Virginia foster care); kinship subclass (children who are, will be, or have been placed in kinship placements); the ADA subclass (children who have or will have physical, intellectual, cognitive, or mental health disabilities) and the Aging Out subclass. Plaintiffs' substantive due process claims were dismissed as to all proposed classes, with the court emphasizing the difference between what West Virginia should do versus what is legally required. Plaintiffs' second claim, the right to familial association, also did not pass the court's muster. The court noted that plaintiffs failed to allege a violation of their right to familial association with their parents, that the Constitution's protection of sibling relationships does not apply in the foster care context, and that the grandparent-grandchild relationship claim was foreclosed by Troxel v. Granville, 530 U.S. 57 (2000). Plaintiffs' § 1983 claim under the Adoption Assistance and child Welfare Act was similarly denied. The court denied the motion to dismiss plaintiffs' claims under the ADA and Rehabilitation Act relying on Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999).

The parties entered into settlement negotiations and the court consequently stayed discovery on February 16, 2023.

Judge Johnston recused himself from the case on April 3, 2023. Judge Johnston's recusal came after emails and documents obtained through a public records request showed regular communication between Johnston, state lawmakers, and government staffers. More information on Judge Johnston's recusal may be found here.

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Summary Authors

Misha Emanoil (3/20/2022)

Hannah Juge (11/21/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7746580/parties/r-v-justice/

Judge(s)

Attorney for Plaintiff

Iyer, Aarti (West Virginia)

Attorney for Defendant

Brown, Caroline M. (West Virginia)

Buffington, Douglas P. (West Virginia)

Compton, Steven Ray (West Virginia)

Doty, Kendra (West Virginia)

Judge(s)

Johnston, Thomas E. (West Virginia)

Attorney for Plaintiff

Iyer, Aarti (West Virginia)

Lowry, Marcia Robinson (West Virginia)

Mahoney, Allison Lynette (West Virginia)

McLaughlin, Valerie J. (West Virginia)

Meade, James A. (West Virginia)

Ooten, Brian L. (West Virginia)

Post, Dawn J. (West Virginia)

Snyder, Erin (West Virginia)

Underhill, Jeremiah (West Virginia)

Unger, Tavi (West Virginia)

Waller, Lori (Peters) (West Virginia)

Walters, Richard W. (West Virginia)

Attorney for Defendant

Brown, Caroline M. (West Virginia)

Buffington, Douglas P. (West Virginia)

Compton, Steven Ray (West Virginia)

Doty, Kendra (West Virginia)

Peisch, Philip J. (West Virginia)

Siegenberg, Julia M. (West Virginia)

Smith, Rebecca E. (West Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
22-00240	U.S. Supreme Court Docket Supreme Court of the United States	Oct. 11, 2022	Oct. 11, 2022 Docket
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
131 3:19-cv-00710	Memorandum In Support of Motion for Class Certification	Sept. 2, 2020	Sept. 2, 2020 Internal memorandum
130 3:19-cv-00710	Motion / Application / Petition to Certify Class	Sept. 2, 2020	Sept. 2, 2020 Pleading / Motion / Brief
258 3:19-cv-00710	Memorandum Opinion and Order	July 28, 2021	July 28, 2021 Order/Opinion
	Petition for a Writ of Certiorari Supreme Court of the United States	Sept. 12, 2022	Sept. 12, 2022 Pleading / Motion / Brief
273 3:19-cv-00710	Re: Jim Justice, Governor of West Virginia, et al. v. Jonathan R., Minor, By Next Friend Sarah Dixon, et al. No. 22-240 (Your No. 21-1868) Justice v. Jonathan R. Supreme Court of the United States	Sept. 16, 2022	Sept. 16, 2022 Other
298 3:19-cv-00710	Order	Jan. 10, 2023	Jan. 10, 2023 Order/Opinion
300 3:19-cv-00710	Order	Jan. 13, 2023	Jan. 13, 2023 Order/Opinion 2023 WL 2023

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7746580/r-v-justice/

Last updated Feb. 26, 2024, 3:01 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