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Case: Murphy v. Minnesota Department of Human Services

0:16-cv-02623 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 3, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

(This summary is temporary while we research the case.)

This case is about the Minnesota Department of Human Services and its reliance on group homes for individuals with disabilities, making it difficult for individuals who wanted to live on their own to find housing.

Summary Authors

Sandy Sulzer (11/12/2022)

Documents in the Clearinghouse

Document
1

0:16-cv-02623

Class Action Complaint and Request for Injunctive Declaratory Relief, Jury Trial Demanded

Aug. 3, 2016

Aug. 3, 2016

Complaint
33

0:16-cv-02623

First Amended Class Action Complaint and Request for Injunctive Declaratory Relief, Jury Trial Demanded

Murphy v. Minnesota Department of Human

Feb. 23, 2017

Feb. 23, 2017

Complaint
54

0:16-cv-02623

Memorandum Opinion and Order

May 18, 2017

May 18, 2017

Order/Opinion
54

0:16-cv-02623

Memorandum Opinion and Order

May 18, 2017

May 18, 2017

Order/Opinion
99

0:16-cv-02623

Memorandum Opinion and Order

Sept. 29, 2017

Sept. 29, 2017

Order/Opinion
146

17-8028

Mandate

Murphy v. Minnesota Department of Human

U. S. Court of Appeals for the Eighth Circuit

Nov. 15, 2017

Nov. 15, 2017

Order/Opinion
145

17-8028

Judgment

Murphy v. Minnesota Department of Human

U. S. Court of Appeals for the Eighth Circuit

Nov. 15, 2017

Nov. 15, 2017

Order/Opinion
189

0:16-cv-02623

Order on Plaintiffs' Motion Pursuant to Rule 37

Murphy v. Minnesota Department of Human

Feb. 21, 2018

Feb. 21, 2018

Order/Opinion
661

0:16-cv-02623

Memorandum Opinion and Order

Murphy v. Harpstead

Sept. 27, 2019

Sept. 27, 2019

Order/Opinion
840

0:16-cv-02623

Order on Motion for Approval of Settlement

July 27, 2022

July 27, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4514355/murphy-v-minnesota-department-of-human-services/

Last updated Nov. 13, 2022, 3:48 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number AMNDC-5045023.) Filed by Dionne Swanson, Jenna Gordon, Marrie Bottelson, Tenner Murphy. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Anthony, Joseph) (Entered: 08/03/2016)

1 Civil Cover Sheet

View on PACER

Aug. 3, 2016

Aug. 3, 2016

Clearinghouse
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Ann D. Montgomery per Civil Rights list and referred to Magistrate Judge Steven E. Rau. Please use case number 16-cv-2623 ADM/SER. (JDF) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
3

Summons Issued as to Emily Johnson Piper, Minnesota Department of Human Services. (JDF) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
4

SUMMONS Returned Executed by Dionne Swanson, Jenna Gordon, Marrie Bottelson, Tenner Murphy. Emily Johnson Piper served on 8/3/2016, answer due 8/24/2016. (Farley, Laura) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
5

SUMMONS Returned Executed by Dionne Swanson, Jenna Gordon, Marrie Bottelson, Tenner Murphy. Minnesota Department of Human Services served on 8/3/2016, answer due 8/24/2016. (Farley, Laura) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
6

ORDER OF REASSIGNMENT OF RELATED CASES. This case is reassigned to Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson for all further proceedings. Judge Ann D. Montgomery, Magistrate Judge Steven E. Rau no longer assigned to case. NOTE: the new case number is 16-cv-2623 (DWF/BRT). Please use this case number for all subsequent pleadings. Signed by Judge Donovan W. Frank on 8/8/2016 and Judge Ann D. Montgomery on 8/10/2016. (lmb) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
7

STIPULATION re 1 Complaint, (Stipulation to Extend Time to Answer or Otherwise Respond to Plaintiffs' Complaint) by Emily Johnson Piper, Minnesota Department of Human Services. (Welsh, Ian) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
8

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Emily Johnson Piper, Minnesota Department of Human Services re 7 Stipulation (to Extend Time to Answer or Otherwise Respond to Plaintiffs' Complaint) (Welsh, Ian) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
9

ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT: Emily Johnson Piper answer due 9/14/2016; Minnesota Department of Human Services answer due 9/14/2016. Signed by Magistrate Judge Becky R. Thorson on 8/23/16. (AKL) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
10

MOTION to Dismiss/General by Emily Johnson Piper, Minnesota Department of Human Services. (Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
11

NOTICE OF HEARING ON MOTION 10 MOTION to Dismiss/General : Motion Hearing set for 1/6/2017 11:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
12

MEMORANDUM in Support re 10 MOTION to Dismiss/General filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
13

AFFIDAVIT of Ian M. Welsh in SUPPORT OF 10 MOTION to Dismiss/General filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 Exhibit(s) 1-7)(Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
14

MEET and CONFER STATEMENT re 10 Motion to Dismiss/General filed by Emily Johnson Piper, Minnesota Department of Human Services. (Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
15

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Emily Johnson Piper, Minnesota Department of Human Services re 10 MOTION to Dismiss/General (Welsh, Ian) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
16

AMENDED NOTICE of Hearing on Motion: 10 MOTION to Dismiss/General : Motion Hearing set for 1/20/2017 11:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Welsh, Ian) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
17

NOTICE of Pretrial Conference: Pretrial Conference set for 10/27/2016 04:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Attachments: # 1 Consent Form)(AKL) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
18

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson re 10 MOTION to Dismiss/General (Perl, Justin) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
19

STIPULATION re 10 MOTION to Dismiss/General To Extend Time To Respond to Defendants' Motion to Dismiss by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson. (Perl, Justin) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
20

ORDER TO EXTEND TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS. The time for Plaintiffs to respond to Defendant's Motion to Dismiss is extended to October 26, 2016. Signed by Judge Donovan W. Frank on 9/28/2016. (BJS) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
21

REPORT Joint Rule 26(f) Report by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson. (Burke, Sean) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
22

MEMORANDUM in Opposition re 10 MOTION to Dismiss/General filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Burke, Sean) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
23

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 10/27/2016. (AKL) (Entered: 10/31/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
24

Reply to Response to Motion re 10 MOTION to Dismiss/General filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Welsh, Ian) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
25

PRETRIAL SCHEDULING ORDER: Status Conference set for 1/26/2017 08:30 AM before Magistrate Judge Becky R. Thorson. Amended Pleadings due by 4/3/2017. Discovery due by 8/15/2017. Motions (non-disp) due 8/16/2017. Motions (disp) due by 2/1/2018. Ready for trial due by 7/2/2018. Signed by Magistrate Judge Becky R. Thorson on 11/9/16. (LPH) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
26

DOCUMENT FILED IN ERROR - DUPLICATE ENTRY - PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 4/3/2017. Discovery due by 8/15/2017. Motions (non-disp) due 8/16/2017. Motions (disp) due by 2/1/2018. Ready for trial due by 7/2/2018. Signed by Magistrate Judge Becky R. Thorson on 11/9/2016. (MMP) Modified on 11/10/2016 (MMP). (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER

NOTICE OF DOCKETING CORRECTION for 26 Scheduling Order - DUPLICATE ENTRY (MMP)

Nov. 10, 2016

Nov. 10, 2016

PACER
27

NOTICE of Appearance by Janine Wetzel Kimble on behalf of All Defendants. (Kimble, Janine) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
28

TEXT ENTRY ONLY ORDER: The parties have submitted letters regarding a discovery dispute. Both sides do not agree to resolve the dispute informally. Accordingly, if the parties are unable to resolve the dispute, formal motion practice will be required. Following a meaningful meet and confer, a motion on these issues must be brought no later than February 1, 2017. Briefs must not exceed 15 pages unless leave for additional pages is obtained. Signed by Magistrate Judge Becky R. Thorson. (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
29

Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 1/20/2017 re 10 MOTION to Dismiss/General filed by Minnesota Department of Human Services, Emily Johnson Piper. Matter under advisement; written order to issue. (Court Reporter Carla Bebault) (BJS) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
30

NOTICE of Withdrawal as Attorney of Laura A. Farley (Pincus, Steven) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
31

STIPULATION Allowing Plaintiffs to File First Amended Complaint by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson. Jointly Signed by Minnesota Department of Human Services. EXHIBIT A. (Burke, Sean) text Modified on 2/17/2017 (las). (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
32

ORDER GRANTING PLAINTIFFS LEAVE TO FILE AMENDED COMPLAINT re 31 Stipulation. Signed by Magistrate Judge Becky R. Thorson on 2/22/2017. (las) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
33

AMENDED COMPLAINT against All Defendants. Filed by Dionne Swanson, Marrie Bottelson, Tenner Murphy. No summons requested. (Burke, Sean) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

Clearinghouse
34

TEXT ONLY NOTICE: As stated in the Order signed by Magistrate Judge Becky R. Thorson on 2/22/2017 (Doc. No. 32 ), the Defendants' pending Motion to Dismiss (Doc. No. 10 ) serves as the response to the Plaintiffs' First Amended Complaint (Doc. No. 33 ). (BJS) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
35

MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

RECAP
36

NOTICE OF HEARING ON MOTION 35 MOTION to Certify Class : Motion Hearing set for 5/19/2017 11:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

RECAP
37

MEMORANDUM in Support re 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
38

AFFIDAVIT of Sean Burke in SUPPORT OF 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
39

MEET and CONFER STATEMENT re 35 Motion to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
40

Declaration of Justin H. Perl in Support of 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
41

Declaration of Joseph W. Anthony in Support of 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
42

Declaration of Dionne Swanson in Support of 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
43

Declaration of Kay Murphy in Support of 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
44

Declaration of Marrie Bottelson in Support of 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
45

MEMORANDUM in Opposition re 35 MOTION to Certify Class filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
46

AFFIDAVIT of Janine Kimble in OPPOSITION TO 35 MOTION to Certify Class filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 Exhibit(s) A)(Kimble, Janine) Modified text on 3/20/2017 (kt). (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
47

AFFIDAVIT of Alexandra Bartolic in OPPOSITION TO 35 MOTION to Certify Class filed by Emily Johnson Piper, Minnesota Department of Human Services. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Kimble, Janine) Modified text on 3/20/2017 (kt). (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
48

STIPULATION for a Protective Order by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson. Jointly Signed by the Defendants. (Burke, Sean) (Entered: 03/22/2017)

March 22, 2017

March 22, 2017

PACER
49

PROTECTIVE ORDER re: Stipulation 48 . Signed by Magistrate Judge Becky R. Thorson on 3/27/2017. (las) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
50

ORDER FOR SETTLEMENT CONFERENCE - Settlement Conference set for 4/25/2017 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 3/31/2017. (las) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
51

RESPONSE in Support re 35 MOTION to Certify Class filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Burke, Sean) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
52

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Settlement Conference held on 4/25/2017. No settlement reached. (las) (Entered: 05/01/2017)

April 25, 2017

April 25, 2017

PACER
53

TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: 36 NOTICE OF HEARING ON MOTION 35 MOTION to Certify Class : Motion Hearing set for 5/19/2017 will now commence at 9:30 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. Please note the earlier start time. (BJS) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
54

MEMORANDUM OPINION AND ORDER. 1. Defendants' Motion to Dismiss (Doc. No. 10 ) is GRANTED IN PART and DENIED IN PART as follows: a. The motion is GRANTED to the extent it seeks dismissal of the Minnesota Department of Human Services as a party. The Minnesota Department of Human Services is thus DISMISSED as a party to this action. b. The motion is DENIED in all other respects. 2. The Minnesota Department of Human Services is DISMISSED as a party to this action. All claims against Commissioner Johnson Piper, Commissioner of the Minnesota Department of Human Services, in her official capacity shall proceed. (Written Opinion) Signed by Judge Donovan W. Frank on 5/18/2017. (BJS) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

Clearinghouse
364

Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 5/19/2017 re 35 MOTION to Certify Class. Submitted. Written order forthcoming. (Court Reporter Carla Bebault) (las) (Entered: 08/28/2018)

May 19, 2017

May 19, 2017

PACER
55

Defendants ANSWER to Amended Complaint Plainitff's First Amended Class Action Complaint filed by Emily Johnson Piper, Minnesota Department of Human Services, The. (Kimble, Janine) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
56

STIPULATION re 25 Scheduling Order, Stipulated Proposal to Amend Pretrial Scheduling Order by Marrie Bottelson, Tenner Murphy, Dionne Swanson. Jointly signed by Emily Johnson Piper. (Burke, Sean) Modified text on 7/14/2017 (LPH). (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
57

PROPOSED ORDER TO JUDGE re 56 Stipulation. (Burke, Sean) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
58

AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 11/15/2017. Motions (non-disp) due 11/16/2017. Motions (disp) due by 5/1/2018. Ready for trial due by 10/1/2018. Signed by Magistrate Judge Becky R. Thorson on 7/17/2017. (ACH) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
59

MOTION to Compel Discovery filed by Emily Johnson Piper. (Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
60

NOTICE OF HEARING ON MOTION 59 MOTION to Compel Discovery : Motion Hearing set for 8/14/2017 03:30 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
61

MEET and CONFER STATEMENT re 59 Motion to Compel filed by Emily Johnson Piper.(Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
62

MEMORANDUM in Support re 59 MOTION to Compel Discovery filed by Emily Johnson Piper. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
63

AFFIDAVIT of Janine Kimble in SUPPORT OF 59 MOTION to Compel Discovery filed by Emily Johnson Piper. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
64

PROPOSED ORDER TO JUDGE re 59 MOTION to Compel Discovery filed by Emily Johnson Piper.(Kimble, Janine) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
65

MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
66

NOTICE OF HEARING ON MOTION 65 MOTION to Compel Discovery : Motion Hearing set for 8/14/2017 03:30 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
67

MEET and CONFER STATEMENT re 65 Motion to Compel filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
68

MEMORANDUM in Support re 65 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
69

LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Marrie Bottelson, Tenner Murphy, Dionne Swanson re 68 Memorandum in Support of Motion filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
70

AFFIDAVIT of Sean Burke in SUPPORT OF 65 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R)(Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
71

PROPOSED ORDER TO JUDGE re 65 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
72

NOTICE of Withdrawal as Attorney (Welsh, Ian) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
73

MEMORANDUM in Opposition re 65 MOTION to Compel Discovery filed by Emily Johnson Piper. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
74

AFFIDAVIT of Janine Kimble in OPPOSITION TO 65 MOTION to Compel Discovery filed by Emily Johnson Piper. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14)(Kimble, Janine) Modified text on 8/8/2017 (las). (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
75

MEMORANDUM in Opposition re 59 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Burke, Sean) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
76

AFFIDAVIT of Sean Burke in OPPOSITION TO 59 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Burke, Sean) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
77

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 8/14/2017 re 65 MOTION to Compel Discovery AND 59 MOTION to Compel Discovery. Motion taken under advisement as of: August 14, 2017. Order to be issued. (las) (Entered: 08/16/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
78

ORDER AND OPINION ON PLAINTIFFS' MOTION TO COMPEL AND DEFENDANTS MOTION TO COMPEL - IT IS HEREBY ORDERED that: Defendant's Motion to Compel Discovery (Doc. No. 59 ) is GRANTED IN PART and DENIED IN PART consistent with the opinion above; and Plaintiffs' Motion to Compel Discovery (Doc. No. 65 ) is GRANTED IN PART and DENIED IN PART consistent with the opinion above. To the extent a request is granted, Defendant must produce responsive answers and information on or before September 7, 2017. Signed by Magistrate Judge Becky R. Thorson on 8/21/2017. (las) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
79

APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 78 Order on Motion to Compel. (Kimble, Janine) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
82

Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 9/6/2017. IDR CONFERENCE. (las) (Entered: 09/13/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
80

MEMORANDUM re 65 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) Modified text and link on 9/14/2017 (kt). (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
81

AFFIDAVIT of Sean Burke in SUPPORT OF 65 MOTION to Compel Discovery filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Burke, Sean) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
83

SUPPLEMENTAL RESPONSE in Opposition re 65 MOTION to Compel Discovery filed by Emily Johnson Piper, Minnesota Department of Human Services, The. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) Modified text on 9/13/2017 (kt). (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
84

PROPOSED ORDER TO JUDGE re CONTACT OF NON-PARTY WITNESSES. (Burke, Sean) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
85

PROPOSED ORDER TO JUDGE re Contact Protocol. (Kimble, Janine) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
86

MOTION to Compel Discovery Regarding Temporal Scope filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Burke, Sean) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
87

MEET and CONFER STATEMENT re 86 Motion to Compel filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
88

MEMORANDUM in Support re 86 MOTION to Compel Discovery Regarding Temporal Scope filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Burke, Sean) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
89

AFFIDAVIT of Sean Burke in SUPPORT OF 86 MOTION to Compel Discovery Regarding Temporal Scope filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Burke, Sean) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
90

PROPOSED ORDER TO JUDGE re 86 MOTION to Compel Discovery Regarding Temporal Scope filed by Marrie Bottelson, Tenner Murphy, Dionne Swanson.(Burke, Sean) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
91

RESPONSE re 79 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 78 Order on Motion to Compel filed by Marrie Bottelson, Jenna Gordon, Tenner Murphy, Dionne Swanson. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(McElligott, Peter) Modified text on 9/20/2017 (kt). (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
92

ORDER REGARDING CONTACT OF NON-PARTY WITNESSES - IT IS HEREBY ORDERED: Courts Order 78 of August 21, 2017, is amended as it relates to contact with individuals in Response to Interrogatories Nos. 8 and 19. Signed by Magistrate Judge Becky R. Thorson on 9/19/2017. (las) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
93

MOTION for Protective Order filed by Emily Johnson Piper, Minnesota Department of Human Services, The. (Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
94

NOTICE OF HEARING ON MOTION 93 MOTION for Protective Order : Motion Hearing set for 10/11/2017 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
95

MEET and CONFER STATEMENT re 93 Motion for Protective Order filed by Emily Johnson Piper, Minnesota Department of Human Services, The.(Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
96

MEMORANDUM in Support re 93 MOTION for Protective Order filed by Emily Johnson Piper, Minnesota Department of Human Services, The. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
97

AFFIDAVIT of Janine Kimble in SUPPORT OF 93 MOTION for Protective Order filed by Emily Johnson Piper, Minnesota Department of Human Services, The. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s))(Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
98

PROPOSED ORDER TO JUDGE re 93 MOTION for Protective Order filed by Emily Johnson Piper, Minnesota Department of Human Services, The.(Kimble, Janine) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Disability Rights

Intellectual Disability (Facility)

Mental Health (Facility)

Nursing Home Conditions

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Aug. 3, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs were persons with disabilities living in group homes in Minnesota, and their guardians.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Minnesota Department of Human Services, State

Commissioner, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Document/information produced

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Issues

General:

Confinement/isolation

Deinstitutionalization/decarceration

Failure to train

Government services

Grievance procedures

Housing

Housing assistance

Placement in mental health facilities

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Sanitation / living conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Benefit Source:

Medicaid