Case: R. v. Pennsylvania Department of Human Services

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4283641) filed by Theodore Smith, S. R., S. H., N. C., M. T., Chrystal Steward. (Attachments: # 1 Civil Cover Sheet)(ve) (Entered: 12/18/2017)

1 Civil Cover Sheet

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Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ve) (Entered: 12/18/2017)

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM mailed to Attorney Jeni Hergenreder (lg)

MOTION to Certify Class by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence)(Darr, Kelly) (Entered: 12/22/2017)

BRIEF IN SUPPORT re 3 MOTION to Certify Class filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 List of Exhibits in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Order)(Darr, Kelly) (Entered: 12/22/2017)

SUMMONS Returned Executed by Theodore Smith, S. R., S. H., N. C., M. T., Chrystal Steward. All Defendants. (Darr, Kelly) (Entered: 01/04/2018)

SCHEDULING ORDER: Case Management Conference set for 2/22/2018 02:00 PM before Honorable John E. Jones III. See calendar attached hereto for dates that must be utilized when a trial term is selected (eo) (Entered: 01/10/2018)

First MOTION for Extension of Time to File Brief to 4 Brief in Support, 3 MOTION to Certify Class Unopposed filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 01/16/2018)

ORDER - IT IS ORDERED that the 7 Motion for Extension of Time to File Brief in Opposition to the 3 MOTION to Certify Class is GRANTED and the Brief in Opposition is due by 3/19/2018. Signed by Honorable John E. Jones, III on 1/16/18. (sc) (Entered: 01/16/2018)

First MOTION for Extension of Time to File Responsive Pleading or Other Response to Plaintiffs' Complaint Unopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 01/23/2018)

ORDER granting 9 Motion to Extend Time (eo) (Entered: 01/24/2018)

CASE MANAGEMENT PLAN (Joint) by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Levin, Shanon) (Entered: 02/15/2018)

ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 12/3/2019 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 11/1/2019. See order for all deadlines.(eo) (Entered: 02/22/2018)

Order #2- PRACTICE ORDER (eo) (Entered: 02/22/2018)

First MOTION to Dismiss by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 02/26/2018)

BRIEF IN SUPPORT re 15 First MOTION to Dismiss filed by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Exhibit(s) Text of Regulations, # 2 Exhibit(s) Unreported Case)(McLees, Matthew) (Entered: 03/12/2018)

BRIEF IN OPPOSITION re 3 MOTION to Certify Class filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 03/19/2018)

BRIEF IN OPPOSITION re 15 First MOTION to Dismiss filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Attachment 1 (Leonard v. Mackereth); Attachment 2 (Odi v. Alexander); Attachment 3 (H.E. ex rel. Emerich v. Horton); Attachment 4 (N.B. v. Hamos), # 2 Attachment 5 (Crabtree v. Goetz); Attachment 6 (Nat'l Org. on Disability v. Tartaglione); Attachment 7 (Motion to Dismiss in Benjamin v. DPW); Attachment 8 (Benjamin v. DPW, Order denying Motion to Dismiss); Attachment 9 (Zatuchni v. Richman), # 3 Proposed Order)(Levin, Shanon) (Entered: 03/20/2018)

1 Attachment 1 (Leonard v. Mackereth); Attachment 2 (Odi v. Alexander); Attachmen

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2 Attachment 5 (Crabtree v. Goetz); Attachment 6 (Nat'l Org. on Disability v

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3 Proposed Order

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First MOTION for Extension of Time to File Reply Brief to Brief in Opposition to Motion to DismissUnopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 03/27/2018)

ORDER granting 19 Motion to Extend Time (eo) (Entered: 03/28/2018)

REPLY BRIEF re 3 MOTION to Certify Class filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit A (excerpts of Child and Family Services Reviews PA Final Report 2017); Exhibit B (excerpts of 2017 State Roundtable Report Transitional Youth Workgroup); Exhibit C (excerpts of DHS OCYF Title IV-B Child and Family Service Plan); Exhibit D (Kirk T. v. Houstoun); Exhibit E (Hunter v. Beshear))(Levin, Shanon) (Entered: 04/02/2018)

ORDER granting 3 Motion to Certify Class. See order for details. (eo) (Entered: 04/03/2018)

Second MOTION for Extension of Time to File Reply Brief to Brief in Opposition to Motion to DismissUnopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 04/10/2018)

ORDER granting 23 Motion to Extend Time (eo) (Entered: 04/10/2018)

REPLY BRIEF re 15 First MOTION to Dismiss filed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 04/17/2018)

Unopposed MOTION for Consideration of Plaintiffs' Proposed Class Notice and Distribution Plan by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Exhibit A)(Levin, Shanon) (Entered: 05/03/2018)

ORDER Granting pltfs' mtn for consideration of proposed class notice and distribution plan 26 . 1. Within (45) days of the date this Order is entered, Class counsel will distribute the Class Notice to the following individuals and organizations: (a) individuals and organizations that represent children in the juvenile dependency system to the extent that Class counsel is able to obtain the contact information for those individuals and organizations; and (b) Court Appointed Special Advocate organizations.2. Within (21) days of the date this Order is entered, Class counsel will post the Class Notice on the website of Disability Rights Pennsylvania.3. Within (21) days of the date this Order is entered, Class counsel will distribute the Class Notice to members of Disability Rights Pennsylvania's listserv.4. Class counsel will submit a Declaration attesting that they distributed the Notice in accordance with this Order no later than (60) days after this Order is entered.Signed by Honorable John E. Jones, III on 5/7/18. (ma) (Entered: 05/07/2018)

ORDER denying 15 Motion to Dismiss (eo) (Entered: 05/23/2018)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jeni A Hergenreder on behalf of All Plaintiffs Attorney Jeni Hergenreder is seeking special admission. Filing fee $ 50, receipt number 0314-4434573.. (Hergenreder, Jeni) (Entered: 05/23/2018)

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

SPECIAL ADMISSIONS FORM APPROVED as to Jeni Hergenreder (eo) (Entered: 05/24/2018)

First MOTION for Extension of Time to File Answer re 1 Complaint Unopposed by Teresa Miller, Pennsylvania Department of Human Services.(McLees, Matthew) (Entered: 06/05/2018)

ORDER granting 31 Motion for Extension of Time to Answer All Defendants. (eo) (Entered: 06/06/2018)

ANSWER to Complaint by Teresa Miller.(McLees, Matthew) (Entered: 06/15/2018)

DECLARATION by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T. of Class Counsel. (Hergenreder, Jeni) (Entered: 06/28/2018)

Unopposed MOTION to Amend/Correct 13 Case Management Order - Standard Track by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Levin, Shanon) (Entered: 06/29/2018)

ORDER granting 35 Motion to Amend (eo) (Entered: 07/02/2018)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Shari A Mamas on behalf of All Plaintiffs Attorney Shari Mamas is seeking special admission. Filing fee $ 50, receipt number 0314-4496735.. (Mamas, Shari) (Entered: 07/26/2018)

SPECIAL ADMISSIONS FORM APPROVED as to Shari A. Mamas (eo) (Entered: 07/26/2018)

Unopposed MOTION for Protective Order by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Hergenreder, Jeni) (Entered: 08/08/2018)

ORDER granting 39 Motion for Protective Order (eo) (Entered: 08/10/2018)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ira A Burnim on behalf of All Plaintiffs Attorney Ira Burnim is seeking special admission. Filing fee $ 50, receipt number 0314-4639108., filed by on behalf of All Plaintiffs.(Burnim, Ira) (Entered: 01/04/2019)

SPECIAL ADMISSIONS FORM APPROVED as to Ira Burnim (eo) (Entered: 01/08/2019)

DOCKET ANNOTATION: Petitioner Ira A. Burnim and Associate Counsel Kelly Darr - bar status verified. (dmn)

Unopposed MOTION to Amend/Correct 36 Order on Motion to Amend/Correct, 13 Case Management Order - Standard Track by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit(s) Exhibit A (Declaration of Shanon S. Levin), # 2 Certificate of Concurrence, # 3 Proposed Order)(Levin, Shanon) (Entered: 02/05/2019)

SCHEDULING ORDER: Jury Selection set for 12/2/2020 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 11/2/2020. See order ofr all deadlines(eo) (Entered: 02/07/2019)

Letter from Shanon S. Levin re Discovery Dispute Regarding Number of Admissions. (Levin, Shanon) (Entered: 06/11/2019)

ORDER REFERRING case to Chief Magistrate Judge Schwab for referral of matters to U.S. Magistrate Judge (eo) (Entered: 07/10/2019)

ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Susan E. Schwab on 7/12/2019. (ktt) (Entered: 07/12/2019)

ORDER re 45 Letter - IT IS HEREBY ORDERED THAT the pltfs are permitted to serve the 88 requests for admissions contained in the June 3, 2019 set of requests that was served on the dfts. The parties are further advised that, because such appropriate requests for admissions are permitted for the purpose of streamlining the litigation, the Court may favorably consider allowing the plaintiff to serve up to 100 requests for admissions if the plaintiffs determine that more requests are necessary. Signed by Magistrate Judge Martin C. Carlson on July 19, 2019. (kjn) (Entered: 07/19/2019)

MOTION to Quash Disability Rights Pennsylvania's Subpoena by Columbia County Children and Youth Services.(Connell, Matthew) (Entered: 11/07/2019)

BRIEF IN SUPPORT re 50 MOTION to Quash Disability Rights Pennsylvania's Subpoena filed by Columbia County Children and Youth Services.(Connell, Matthew) (Entered: 11/07/2019)

BRIEF IN OPPOSITION re 50 MOTION to Quash Disability Rights Pennsylvania's Subpoena filed by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Proposed Order)(Mamas, Shari) (Entered: 11/20/2019)

MOTION for Extension of Time to Complete Discovery by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Certificate of Concurrence)(Mamas, Shari) (Entered: 12/04/2019)

ORDER granting 53 Motion for Extension of Time to Complete Discovery (eo) (Entered: 12/05/2019)

ORDER REFERRING MOTION: Inasmuch as this matter has previously been referred to Magistrate JudgeCarlson to handle a discovery issue, we shall REFER the motion to quashcurrently pending (Doc. 50) and any additional discovery issues arising in thismatter to him for resolution. (eo) (Entered: 02/18/2020)

MEMORANDUM ORDER - IT IS ORDERED that CCCYSs motion to quash or modify the subpoena served upon it (Doc. 50 ), is GRANTED, in part, in that on or before March 20, 2020, prior to compliance with the subpoena, plaintiffs counsel and counsel for CCCYS shall jointly arrange for A.S. to receive notice of the subpoena and for A.S. to be afforded an opportunity to be heard in the event of any objections on A.S.s part to the disclosure of this information. Signed by Magistrate Judge Martin C. Carlson on February 20, 2020. (kjn) (Entered: 02/21/2020)

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(McLees, Matthew) (Entered: 07/10/2020)

ORDER Granting Motion. Final Pretrial Conference reset for 8/2/2021. Jury Selection reset for 9/7/2021 09:30AM before Chief Judge John E. Jones III. See order for all deadlines. (eo) (Entered: 07/10/2020)

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Gabriella Labella terminated on behalf of. (Mamas, Shari) (Entered: 08/31/2020)

Code of Professional Conduct by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. . (Mamas, Shari) (Entered: 08/31/2020)

DOCKET ANNOTATION: Counsel is advised to file a signed Code of Professional Conduct form. To avoid being recharged for this filing, please file this document using the event: Civil Events Other Filings Other Documents-Includes Social Security Transcript and Brief Events- Document Filed. (pjr)

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 01/06/2021)

SCHEDULING ORDER: Final Pretrial Conference set for 5/2/2022. Jury Selection set for 6/6/2022 09:30AM before Chief Judge John E. Jones III. See order for all deadlines. (eo) (Entered: 01/06/2021)

Motions terminated: 61 Unopposed MOTION to Amend/Correct Scheduling Orders filed by Teresa Miller, Pennsylvania Department of Human Services. (eo)

Unopposed MOTION to Amend/Correct Scheduling Orders by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 06/23/2021)

ORDER granting 63 Motion to Amend Scheduling Order. See order for all deadlines. (eo) (Entered: 06/24/2021)

VERBAL ORDER by Chief Judge Matthew W. Brann - Case Reassigned to Honorable Robert D. Mariani. (jw)

Unopposed MOTION to Stay Discovery Deadlines by Teresa Miller, Pennsylvania Department of Human Services. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(McLees, Matthew) (Entered: 03/02/2022)

ORDER granting 65 Unopposed MOTION to Stay Discovery Deadlines filed by Teresa Miller, Pennsylvania Department of Human Services. The deadlines imposed in the Scheduling Order dated 6/24/21 64 are STAYED. The parties shall file a joint statement with the Court advising of the status of settlement within 3 months from the date of this Order. Signed by Honorable Robert D. Mariani on 3/3/22. (dw) (Entered: 03/03/2022)

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Shanon S. Levin terminated on behalf of Plaintiffs. (Levin, Shanon) (Entered: 05/13/2022)

STATUS REPORT Joint by N. C., S. H., S. R., Theodore Smith, Chrystal Steward. (Hergenreder, Jeni) (Entered: 06/03/2022)

ORDER: ORDERED THAT: On or before 3/17/23, the parties shall file a joint letter setting forth the status of this case. If a settlement has not been reach, a joint report setting forth the status of the settlement shall be filed every 90 days until a settlement has been reached or one or both parties request that the stay in this action be lifted. Signed by Honorable Robert D Mariani on 3/10/23. (jam) (Entered: 03/10/2023)

STATUS REPORT by Teresa Miller, Pennsylvania Department of Human Services. (McLees, Matthew) (Entered: 03/16/2023)

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 06/14/2023)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 09/13/2023)

VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Julia K Munley for all further proceedings. (jw)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 12/12/2023)

Unopposed MOTION to Substitute Party NEXT FRIEND by S. R.. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Hergenreder, Jeni) (Entered: 12/19/2023)

ORDER granting 74 Motion to Substitute Next Friend, it is HEREBY ORDERED that the Motion is GRANTED and the Clerk is directed to substitute Alison M. Ware for Philip Rosenbauer as the Next Friend for Plaintiff S.R. Signed by Honorable Julia K Munley on 12/20/2023 (cp) (Entered: 12/20/2023)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 03/12/2024)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 06/11/2024)

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 09/10/2024)

ORDER DIRECTING parties to submit a joint status report re result of in person meetings by 11/8/24. 78 Signed by Honorable Julia K Munley on 10/30/24. (sm) (Entered: 10/30/2024)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 11/08/2024)

ORDER- DIRECTING parties to file a joint status report by 1/17/25 re settlement negotiations/referral to Magistrate Judge Status Report due by 1/17/2025. Signed by Honorable Julia K Munley on 12/10/24. (sm) (Entered: 12/10/2024)

STATUS REPORT by S. R.. (Hergenreder, Jeni) (Entered: 01/17/2025)

ORDER REFERRING CASE for Settlement to Honorable Phillip J. Caraballo. Signed by Honorable Julia K Munley on 2/21/25. (sm) (Entered: 02/21/2025)

SCHEDULING ORDER:Telephone Scheduling Conference set for 3/24/2025 at 02:00 PM before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 03/20/2025. (ss) (Entered: 03/20/2025)

SCHEDULING ORDER:Settlement Conference set for 4/22/2025 at 10:30 AM in Harrisburg - Courtroom 4A before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 03/31/2025. (ss) (Entered: 03/31/2025)

ORDER re 86 Scheduling OrderSettlement Conference scheduled for April 22, 2025 is CANCELED. See Order for Details. Signed by Honorable Phillip J. Caraballo on 04/10/2025. (ss) (Entered: 04/10/2025)

Settlement Conference that was scheduled for April 22, 2025 is CANCELED.Signed by Honorable Phillip J. Caraballo on 04/10/2025. (ss)

ORDER as the parties have notified the Court of an agreement re settlement, the Clerk of Court is directed to administratively CLOSE this case; Parties shall file a joint status report by May 9, 2025 re petition for approval/consummation of settlement. Signed by Honorable Julia K Munley on 5/1/25. (sm) (Entered: 05/01/2025)

STATUS REPORT Joint Status Report by S. R.. (Hergenreder, Jeni) (Entered: 05/09/2025)

STATUS REPORT by Pennsylvania Department of Human Services, Teresa Miller. (McLees, Matthew) (Entered: 05/29/2025)

Unopposed MOTION for Settlement Preliminary Approval of the Proposed Class Action Settlement Agreement and for Approval of the Class Notice by S. R.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Exhibit(s) Exhibit 1, # 4 Exhibit(s) Exhibit 2, # 5 Exhibit(s) Exhibit 3)(Hergenreder, Jeni) (Entered: 07/02/2025)

1 Certificate of Concurrence

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2 Proposed Order

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3 Exhibit(s) Exhibit 1

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4 Exhibit(s) Exhibit 2

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5 Exhibit(s) Exhibit 3

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SCHEDULING ORDER: Telephone Status Conference set for 7/24/2025 02:00 PM before Honorable Julia K Munley. Plaintiff to initiate the call Signed by Honorable Julia K Munley on 7/8/25. (sm) (Entered: 07/08/2025)

NOTICE of Hearing: Hearing re approval of settlement- set for 10/1/2025 11:00 AM in Scranton - Courtroom 2 before Honorable Julia K Munley.**SEE ORDER FOR SPECIFICS** Signed by Honorable Julia K Munley on 7/24/25. (sm) (Entered: 07/24/2025)

Unopposed MOTION to Exceed Page Limitation for Brief in Support of Final Approval of Proposed Class Action Settlement Agreement by N. C., S. H., S. R., Theodore Smith, Chrystal Steward, M. T.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Hergenreder, Jeni) (Entered: 07/30/2025)

ORDER granting 94 Pltf's Motion for Leave to File Excess Pages- not to exceed 7000 words. Signed by Honorable Julia K Munley on 7/31/25 (sm) (Entered: 07/31/2025)