Case: A.A. v. Buckner

2:21-cv-00367 | U.S. District Court for the Middle District of Alabama

Filed Date: May 20, 2021

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case) On May 20, 2021, the Alabama Disabilities Advocacy Program, Children's Rights, and Southern Poverty Law Center filed suit in the United States District Court for the Middle District of Alabama against the state's Department of Human Resources (DHR) on behalf of four teens with mental disabilities placed unnecessarily in or at risk of segregation in pyschiatric residential treatment facilities. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59934183/parties/aa-v-buckner/


Judge(s)
Attorney for Plaintiff

Anderson, Nancy Ellen (Alabama)

Brownstein, Rhonda C. (Alabama)

Canada, Larry Gene (Alabama)

Finch, Aaron (Alabama)

Attorney for Defendant

Brooks, Felicia Marshea (Alabama)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59934183/aa-v-buckner/

Last updated April 16, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT for Declaratory & Injunctive Relief against Nancy T. Buckner, filed by D. D., A. A., C. C., B. B. (Filing fee $402.00 receipt number 4602063432.) (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
2

MOTION for Leave to Proceed Under Pseudonymous Initials and MOTION to File Under Seal by A. A., B. B., C. C., D. D.. (Attachments: # 1 Exhibit SEALED, # 2 Text of Proposed Order)(am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
3

MEMORANDUM of Law in Support re 2 MOTION for Leave to Proceed Under Pseudonymous Initials MOTION to File Under Seal filed by A. A., B. B., C. C., D. D.. (am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
4

Motion for Admission Pro Hac Vice of Sophia Mire Hill (Filing fee $75.00, Receipt number 4602063433) by A. A., B. B., C. C., D. D.. (Attachments: # 1 Certificate of Good Standing, # 2 Receipt)(am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
5

Motion for Admission Pro Hac Vice of Aaron Finch (Filing fee $ 75.00, receipt number 4602063434) by A. A., B. B., C. C., D. D.. (am, ) (Additional attachment(s) added on 5/25/2021: # 1 Certificate of Good Standing, # 2 Receipt) (am, ). (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
6

Motion for Admission Pro Hac Vice of Christina Wilson Remlin by A. A., B. B., C. C., D. D.. (Filing fee $75.00, receipt number 4602063435) (Attachments: # 1 Certificate of Good Standing, # 2 Receipt)(am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
7

Rule 7.1 Conflict Disclosure Statement by A. A., B. B., C. C., D. D.. (am, ) (Entered: 05/25/2021)

May 20, 2021

May 20, 2021

PACER
8

REQUEST FOR WAIVER of Service sent to Nancy T. Buckner, Commissioner of the Alabama Department of Human Services on 05/28/2021 by A. A., B. B., C. C., D. D.. Waiver of Service due by 5/28/2021. (Sherburne, Claire) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
9

ORDER: GRANTING the 4, 5, & 6 Motions for Admission Pro Hac Vice, and Attorneys Hill, Finch and Remlin are ADMITTED to appear before this Court pro hac vice to represent the Plaintiffs in this action; Counsel shall file notices of appearance with the Court. Signed by Chief Judge Emily C. Marks on 6/9/2021. (am, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
10

ORDER: GRANTING the 2 motion to proceed using pseudonymous initials and to file a reference list under seal. Signed by Chief Judge Emily C. Marks on 6/9/2021. (am, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
11

NOTICE of Appearance by Sophia Mire Hill on behalf of All Plaintiffs (Hill, Sophia) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
12

NOTICE of Appearance by Aaron Finch on behalf of A. A., B. B., C. C., D. D. (Finch, Aaron) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
13

NOTICE of Appearance by Christina Wilson Remlin on behalf of A. A., B. B., C. C., D. D. (Remlin, Christina) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
14

Motion for Admission Pro Hac Vice of Lindsey Frye (Filing fee $75.00 receipt number AALMDC-3039383.) by A. A., B. B., C. C., D. D.. (Attachments: # 1 Exhibit Certificate of Good Standing of Lindsey S. Frye)(Sherburne, Claire) Modified on 6/24/2021 to add attorney's name(am, ). (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER

***PURSUANT TO THE 14 MOTION - Attorney Lindsey S. Frye for A. A., B. B., C. C., & D. D. added. (NO PDF attached to this entry) (am, )

June 23, 2021

June 23, 2021

PACER
15

ORDER: GRANTING the 14 Motion for Admission Pro Hac Vice; Lindsey Frye is ADMITTED to appear before this Court pro hac vice to represent the Plaintiffs in this action; Counsel shall file a notice of appearance with the Court. Signed by Chief Judge Emily C. Marks on 6/24/2021. (am, ) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
16

NOTICE of Appearance by Aaron Finch on behalf of A. A., B. B., C. C., D. D. (Finch, Aaron) (Main Document 16 replaced on 6/25/2021 to correct main pdf previously attached by e-filer) (am, ). (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
17

NOTICE of Correction re 16 Notice of Appearance to correct main pdf previously attached by e-filer. (Attachments: # 1 Corrected Main Document 16 )(am, ) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
18

WAIVER OF SERVICE Returned Executed by D. D., A. A., C. C., B. B.. Nancy T. Buckner waiver sent on 5/28/2021, answer due 7/27/2021. (Tafelski, Michael) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
19

(STRICKEN PURSUANT TO THE 24 NOTICE) MOTION for Leave to Appear Notice of Apperance Notice of Appearance by Nancy T. Buckner. (Schlenker, Jonathan) Modified on 7/28/2021 (am, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
20

(Brief) MOTION to Dismiss by Nancy T. Buckner. (Schlenker, Jonathan) Modified on 7/28/2021 to correct filer (am, ). Modified on 7/28/2021 to clarify docket text as a Brief as reflected in pleading (am, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
21

NOTICE of Appearance by Jonathan Scott Schlenker on behalf of Nancy T. Buckner (Schlenker, Jonathan) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
22

(DISCLOSURE) First MOTION Defendant's Rule 7.1 Disclosure Statement re 20 First MOTION to Dismiss Brief In Support Of Defendant's Rule 7.1 Disclosure Statement by Alabama Department of Human Resources & Nancy T. Buckner. (Schlenker, Jonathan) Modified on 7/28/2021 to clarify docket text as a Disclosure as referenced in pleading (am, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
23

MOTION TO DISMISS by Nancy T. Buckner. (Schlenker, Jonathan) Modified on 7/28/2021 to reflect as only one motion (qc/djy, ). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER

***PURSUANT TO THE COURT'S 21 Notice & 20 Brief Attorney Joshua Jones Lane & Felicia Marshea Brooks for Nancy T. Buckner added. (NO PDF attached to this entry) (am, )

July 27, 2021

July 27, 2021

PACER

Conflict Rule 7.1 Disclosure Statement by Nancy T. Buckner. (NO PDF - See doc 22, which was incorrectly filed as a Motion. (am, )

July 27, 2021

July 27, 2021

PACER

BRIEF in Support of 23 MOTION TO DISMISS filed by Nancy T. Buckner. (NO PDF - See doc 20, which was incorrectly filed as a Motion) (am, )

July 27, 2021

July 27, 2021

PACER
24

NOTICE of ERROR re 19 MOTION for Leave to Appear Notice of Appearance, which is hereby STRICKEN as an erroneous docket entry; Counsel e-filed this using the wrong code. (am, ) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
25

ORDER: DIRECTING that on or before 8/11/2021, the Plaintiffs shall SHOW CAUSE why the 23 motion should not be granted; further DIRECTING that the Defendant may file a reply to the Plaintiffs' response on or before 8/18/2021. Signed by Chief Judge Emily C. Marks on 7/28/2021. (am, ) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
26

NOTICE of Appearance by Jennifer Aileen Hanson on behalf of Nancy T. Buckner (Hanson, Jennifer) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER

***PURSUANT TO THE 26 NOTICE - Attorney Alfred Franklin Smith, Jr & Elizabeth Nicholson Terenzi for Nancy T. Buckner added. (NO PDF attached to this entry) (am, )

July 29, 2021

July 29, 2021

PACER
27

MOTION for Leave to File Declaration Under Seal by A. A., B. B., C. C., D. D.. (Attachments: # 1 Text of Proposed Order)(Tafelski, Michael) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
28

ORDER: GRANTING the 27 Motion for Leave to File Declaration Under Seal. Signed by Chief Judge Emily C. Marks on 8/11/2021. (am, ) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
29

NOTICE of Filing Under Seal by A. A., B. B., C. C., D. D. (Attachments: # 1 SEALED Declaration)(bes, ) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
30

MOTION to Appoint Next Friends by A. A., B. B., C. C., D. D.. (Attachments: # 1 Brief in Support of Motion)(Tafelski, Michael) (Additional attachment(s) added on 8/12/2021: # 2 Sealed Declaration) (am, ). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
31

RESPONSE in Opposition re 23 MOTION to Dismiss and Response to Order to Show Cause filed by A. A., B. B., C. C., D. D.. (Attachments: # 1 Appendix of Unreported Authorities)(Tafelski, Michael) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

MEMORANDUM of Law in Support of 30 MOTION to Appoint Next Friends filed by A. A., B. B., C. C., D. D.. (NO PDF - See doc 30 ) (am, )

Aug. 11, 2021

Aug. 11, 2021

PACER
32

ORDER TO SHOW CAUSE by the Dft as to why the 30 MOTION to Appoint Next Friends should not be granted; Show Cause Response due by 8/19/2021. Signed by Chief Judge Emily C. Marks on 8/12/2021. (wcl, ) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
33

REPLY BRIEF re 31 Response in Opposition to Motion, 20 First MOTION to Dismiss Brief In Support Of Motion to Dismiss filed by Nancy T. Buckner. (Smith, Alfred) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
34

BRIEF/MEMORANDUM in Opposition re 30 MOTION to Appoint Next Friends filed by Nancy T. Buckner. (Smith, Alfred) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
35

Corporate/Conflict Disclosure Statement by Nancy T. Buckner. (Lane, Joshua) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
36

MOTION for Leave to File Surreply in Opposition to 23 Motion to Dismiss by A. A., B. B., C. C., D. D.. (Attachments: # 1 Proposed Filing, # 2 Text of Proposed Order)(Remlin, Christina) Modified on 8/24/2021 to add linkage (am, ). (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
37

ORDER: This cause is before the Court on the Plaintiffs' 30 Motion to Appoint Next Friends; In its opposition to two of the proffered Next Friends, the Defendant posits that it would be useful in the Court's analysis for the Court to know why the Plaintiffs have not sought to have the Guardians Ad Litem represent them as Next Friends in this litigation; Accordingly, is it ORDERED that the Plaintiffs are given until 8/31/2021 to file a reply addressing that argument. Signed by Chief Judge Emily C. Marks on 8/24/2021. (am, ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
38

MOTION to Stay Discovery by Nancy T. Buckner. (Smith, Alfred) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
39

ORDER granting 38 Motion to Stay Discovery to the extent that any discovery deadlines in this case are continued generally until the Court issues an Order setting a deadline for the Report of Parties Planning Meeting. Signed by Chief Judge Emily C. Marks on 8/26/2021. (es, ) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
40

Response to Order re 37 Order,, Plaintiffs' Reply in Support of Their Motion To Appoint Next Friends by A. A., B. B., C. C., D. D.. (Attachments: # 1 Declaration of Rhonda Brownstein, # 2 Declaration of Christopher Mitchell)(Remlin, Christina) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

REPLY in Support of Their 30 MOTION to Appoint Next Friends filed by A. A., B. B., C. C., D. D.. (NO PDF - See doc 40 ) (am, )

Aug. 31, 2021

Aug. 31, 2021

PACER
41

MOTION to Withdraw as Attorney by A. A., B. B., C. C., D. D.. (Brownstein, Rhonda) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
42

TEXT ORDER: GRANTING the 41 Motion to Withdraw Rhonda Brownstein as counsel. Signed by Chief Judge Emily C. Marks on 10/8/2021. (NO PDF attached to this entry) (am, ) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER

*** PURSUANT TO THE COURT'S 42 ORDER - Attorney Rhonda C. Brownstein terminated. (NO PDF attached to this entry) (am, )

Oct. 8, 2021

Oct. 8, 2021

PACER

Order on Motion to Withdraw as Attorney

Oct. 8, 2021

Oct. 8, 2021

PACER
43

MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1. The 30 motion to appoint next friends is DENIED as moot as to A.A. and is GRANTED as to B.B., C.C., and D.D. Jenny Carroll is named next friend for B.B., C.G. is named next friend for C.C., and Christine Freeman is named next friend for D.D.; 2. The 36 motion to file surreply is GRANTED; 3. The 23 motion to dismiss is GRANTED to the extent that the Plaintiffs' claims are DISMISSED without prejudice to being re-pleaded; The Plaintiffs have until 11/19/2021 to file a new, amended complaint which is complete unto itself; which sufficiently alleges the elements of their claims in a manner consistent with this Memorandum Opinion and Order; and which clarifies their requested relief. Signed by Chief Judge Emily C. Marks on 10/29/2021. (am, ) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

RECAP
44

MOTION to Amend/Correct 40 Response to Order, Plaintiffs' Reply in Support of Their Motion To Appoint Next Friends by A. A., B. B., C. C., Jenny Carroll, D. D., Christine Freeman, C. G.. (Attachments: # 1 Affidavit)(Remlin, Christina) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
45

ORDER: it is hereby ORDERED that the 44 Motion to Correct is GRANTED to the extent that paragraph 1 of this Court's 43 Order filed on 10/29/2021 is modified as follows: The 30 motion to appoint next friends is DENIED as moot as to B.B. and is GRANTED as to A.A., C.C., and D.D. Jenny Carroll is named next friend for A.A., C.G. is named next friend for C.C., and Christine Freeman is named next friend for D.D. Signed by Chief Judge Emily C. Marks on 11/15/2021. (am, ) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
46

FIRST AMENDED CLASS ACTION COMPLAINT For Declaratory & Injunctive Relief against Nancy T. Bucker, filed by C. G., Christine Freeman, D. D., A. A., C. C., Jenny Carroll, B. B..(Remlin, Christina) Modified on 11/23/2021 to clarify docket text to reflect as on pleading and clarify dft (es, ). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
47

MOTION for Extension of Time to File Response to Amended Complaint by Nancy T. Buckner. (Terenzi, Elizabeth) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
48

TEXT ORDER: GRANTING the 47 Motion for Extension of Time; the Defendant's deadline is extended from 12/3/2021 to 21 days after the Plaintiffs' disclosure. Signed by Chief Judge Emily C. Marks on 11/24/2021. (NO PDF attached to this entry) (am, ) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

Order on Motion for Extension of Time to File

Nov. 24, 2021

Nov. 24, 2021

PACER
49

Named Plaintiff & Relative Next Friend Reference List re 10 Order. (es, ) Modified on 12/2/2021 to clarify text as reflected in pleading (am, ). (Entered: 12/01/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
50

ANSWER to 46 Amended Complaint, by Nancy T. Buckner.(Smith, Alfred) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
51

ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable, as further set out in order Rule 26 Meeting Report due by 1/19/2022.. Signed by Chief Judge Emily C. Marks on 1/3/2022. (djy, ) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
52

Joint MOTION to Extend Deadline to file 26(f) Report re 51 Order by A. A., B. B., C. C., Jenny Carroll, D. D., Christine Freeman, C. G. & Nancy T. Buckner. (Finch, Aaron) Modified on 1/13/2022 to add joint filer & clarify text as reflected in pleading (am, ). (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
53

TEXT ORDER: GRANTING the 52 Joint MOTION to Extend Deadline to file 26(f) Report; The deadline to file the Report is extended until 2/9/2022. Signed by Chief Judge Emily C. Marks on 1/13/2022. (NO PDF attached this entry)(am, ) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Terminate Motions AND Order AND ~Util - Set Deadlines

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Terminate Motions AND ~Util - Set Deadlines AND Order

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

Jan. 13, 2022

Jan. 13, 2022

PACER
54

MOTION to Withdraw as Attorney by A. A., B. B., C. C., Jenny Carroll, D. D., Christine Freeman, C. G.. (Attachments: # 1 Proposed Order)(Remlin, Christina) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
55

TEXT ORDER: GRANTING 54 Motion to Withdraw as Christina Wilson Remlin Attorney. Signed by Chief Judge Emily C. Marks on 1/21/2022. (No PDF attached to this entry) (es, ) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER

*** PURSUANT TO THE COURT'S ORDER 55 Attorney Christina Wilson Remlin TERMINATED. (es, )

Jan. 21, 2022

Jan. 21, 2022

PACER

Order on Motion to Withdraw as Attorney

Jan. 21, 2022

Jan. 21, 2022

PACER
56

MOTION to Appoint Next Friend by E.E. (Attachments: # 1 Memorandum of Law in Support of Motion, and Declaration of Christine Freeman, # 2 Proposed Order)(Finch, Aaron) Modified on 2/2/2022 to add filer & remove incorrect filers & clarify text as reflected in pleading (am, ). (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER

MEMORANDUM in Support of 56 MOTION to Appoint Next Friend filed by E. E.. (NO PDF - See doc 56 ) (am, )

Feb. 1, 2022

Feb. 1, 2022

PACER
57

ORDER: it is ORDERED that the 56 Motion to Appoint Christine Freeman is GRANTED; It is further ORDERED Christine Freeman is appointed as Plaintiff E.E.'s Next Friend. Signed by Chief Judge Emily C. Marks on 2/2/2022. (am, ) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
58

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Confidentiality Order - STRICKEN (SEE DOC 60 ))(Finch, Aaron) Modified on 2/11/2022 to reflect that to the extent that the parties request entry of a confidentiality order, the parties' request is STRICKEN. (amf, ). (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
59

MOTION to Bifurcate Discovery by Nancy T. Buckner. (Smith, Alfred) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
60

ORDER: it is hereby ORDERED as follows: 1) To the extent that the parties request entry of a confidentiality order, which includes a qualified HIPAA order, the parties' request is STRICKEN for failure to comply with the rules of the Court as such relief must be requested by separate motion; 2) On or before 2/18/2022, the Plaintiff shall show cause why the 59 Motion to Bifurcate Discovery ought not be granted. Signed by Chief Judge Emily C. Marks on 2/11/2022. (amf, ) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
61

RESPONSE in Opposition re 59 MOTION to Bifurcate Discovery filed by A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman, C. G.. (Finch, Aaron) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
62

MOTION for Leave to File Reply In Support Of Motion To Bifurcate Discovery by Nancy T. Buckner. (Attachments: # 1 Supplement Defendant's Reply In Support Of Motion To Bifurcate Discovery)(Smith, Alfred) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
63

Joint MOTION for a Confidentiality Order by A. A., B. B., C. C., Jenny Carroll, D. D., E. E., C.G. Christine Freeman, & Nancy T. Buckner. (Attachments: # 1 Proposed Confidentiality Order)(Finch, Aaron) Modified on 2/25/2022 to add joint filer & clarify text as reflected in pleading (am, ). (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
64

ORDER: it is hereby ORDERED as follows: 1) The Defendant's 62 Motion for Leave to File Reply in Support of Motion to Bifurcate Discovery is GRANTED; 2) The 59 Motion to Bifurcate Discovery is DENIED; the Court will enter a separate Uniform Scheduling Order adopting the approach outlined above. Signed by Chief Judge Emily C. Marks on 2/25/2022. (es, ) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
65

UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 8/3/2023 at 10:00 AM in CR 2A before Chief Judge Emily C. Marks; Proposed Pretrial Order due by 7/27/2023; Non-Jury Trial set for 9/18/2023 at 10:00 AM in Montgomery, Alabama before Chief Judge Emily C. Marks; Dispositive and Daubert Motions due by 4/5/2023; Mediation Notice due by 3/10/2023; Amended Pleadings due by 1/5/2023; Discovery due by 3/6/2023, as further set out in order. Signed by Chief Judge Emily C. Marks on 2/25/2022 (Furn: calendar, WS) (PTC set for 8/3/2023; Non-Jury Trial set 9/18/2023)(es, ) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

RECAP
66

ORDER: GRANTING the 63 Joint Motion for Entry of a Stipulated Protective Order regarding HIPAA & Confidential Information, as further set out in Order. Signed by Honorable Judge Susan Russ Walker on 3/23/2022. (am, ) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
67

Motion for Admission Pro Hac Vice of Katrina Braun (Filing fee $75.00 receipt number AALMDC-3189920.) by A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman, C. G.. (Attachments: # 1 Exhibit 1- Katrina Braun COGS)(Sherburne, Claire) Modified on 3/24/2022 to add attorney's name(am, ). (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER

***Pursuant to the 67 Motion - Attorney Katrina Braun for A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman, C. G. added. (NO PDF attached to this entry) (am, )

March 24, 2022

March 24, 2022

PACER
68

ORDER: it is hereby ORDERED as follows: 1. The 67 motion to appear pro hac vice is GRANTED; 2. Attorney Katrina Braun is ADMITTED to appear before this Court pro hac vice to represent the Plaintiffs; and 3. Counsel shall file a notice of appearance with this Court. Signed by Chief Judge Emily C. Marks on 3/28/2022. (am, ) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
69

NOTICE of Appearance by Katrina Braun on behalf of A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman (Finch, Aaron) Modified on 4/1/2022 to reflect correct attorney's name(am, ). (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER

Case reassigned to Honorable Judge Chad W. Bryan as referral judge; Honorable Judge Susan Russ Walker no longer assigned to the case. (No PDF attached to this entry) (bes, )

July 15, 2022

July 15, 2022

PACER
70

Joint MOTION for Order Regarding Production and Use of Records Related to Non-Parties by Nancy T. Buckner, A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman. (Attachments: # 1 Text of Proposed Order Proposed Order on Joint Motion Regarding Production and Use of Records Related to Non-Parties)(Smith, Alfred) Modified on 8/15/2022 to add plfs a filers(es, ). (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
71

ORDER: the parties' 70 joint motion for Order is GRANTED and the agreed-upon provisions shall govern the production and use of all documents and information produced in response to Plfs' Second Discovery Requests, as further set out in order. Signed by Honorable Judge Chad W. Bryan on 8/15/2022. (bes, ) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

PACER
72

Joint MOTION to Extend Deadlines in Scheduling Order by A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman, C. G., Nancy T. Buckner. (Attachments: # 1 Proposed Amended Scheduling Order)(Finch, Aaron) Modified on 8/23/2022 to reflect actual title and include additional filer. (dmn, ) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
73

AMENDED SCHEDULING ORDER: Now pending before the Court is the parties' Joint Motion to Extend Deadlines in Scheduling Order. (Doc. 72 ). Upon consideration of the motion, and for good cause, it is ORDERED that the motion (doc. 72 ) is GRANTED to the following extent: Pretrial Conference presently scheduled for 8/3/2023 is RESET to 2/8/2024 at 10:30 AM in CR 2A in Montgomery, AL before Chief Judge Emily C. Marks. Non-Jury Trial presently set for 9/18/2023 is hereby RESET to the trial term commencing on 3/18/2024 at 10:00 AM in Montgomery, Alabama before Chief Judge Emily C. Marks. Amended Pleadings due by 7/10/2023. Discovery due by 9/11/2023. Motions due by 10/11/2023. Proposed Pretrial Order due by 2/1/2024. Mediation Notice due by 9/18/2023. Signed by Chief Judge Emily C. Marks on 8/22/2022. Furnished calendar, WS. (Deadlines terminated: Pretrial 8/3/2023 and Non-Jury Trial 9/18/2023.)(dmn, ) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
74

NOTICE of Death of C.C.'s Next Friend C.G. by A. A., B. B., C. C., Jenny Carroll, D. D., E. E., Christine Freeman, C. G. (Finch, Aaron) Modified on 8/30/2022 to clarify the docket text (bes, ). (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
75

MOTION to Withdraw as Attorney by Nancy T. Buckner. (Wheeler, Jennifer) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
76

TEXT ORDER granting 75 Motion to Withdraw as Attorney for Attorney Jennifer Hanson Wheeler. Signed by Chief Judge Emily C. Marks on 9/15/2022. (No PDF attached to this entry) (bes, ) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER

***PURSUANT TO THE 76 TEXT ORDER - Attorney Jennifer Hanson Wheeler terminated for DFT. (No PDF attached to this entry) (bes, )

Sept. 15, 2022

Sept. 15, 2022

PACER

Order on Motion to Withdraw as Attorney

Sept. 15, 2022

Sept. 15, 2022

PACER
77

MOTION to Quash a Non-Party Subpoena by Alabama Disabilities Advocacy Program. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Canada, Larry) Modified on 10/12/2022 to clarify the docket text (bes, ). (Entered: 10/12/2022)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

Oct. 12, 2022

Oct. 12, 2022

RECAP

***PURSUANT TO THE 77 MOTION - Attorney Nancy Ellen Anderson, Andrea Jane Mixson for Alabama Disabilities Advocacy Program added. (No PDF attached to this entry) (bes, )

Oct. 12, 2022

Oct. 12, 2022

PACER
78

ORDER TO SHOW CAUSE, by the DFT, as to why the 77 Motion to Quash filed by Alabama Disabilities Advocacy Program should not be granted; Show Cause Response due by 11/4/2022. Signed by Honorable Judge Chad W. Bryan on 10/14/2022. (bes, ) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
79

RESPONSE in Opposition re 77 MOTION to Quash Subpoena filed by Nancy T. Buckner. (Terenzi, Elizabeth) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Disability Rights

Juvenile Institution

Key Dates

Filing Date: May 20, 2021

Plaintiffs

Attorney Organizations:

Southern Poverty Law Center

Children's Rights, Inc.

Public Interest Lawyer: Yes