Case: Ricci v. Okin

1:72-cv-00469 | U.S. District Court for the District of Massachusetts

Filed Date: July 14, 1972

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 7, 1972 a class action lawsuit was filed on behalf of mentally disabled clients of Belchertown State School in Massachusetts against various Commonwealth officials responsible for the operation of the school in the United States District Court for the District of Massachusetts. The plaintiffs, filing under the Social Security Act, 42 U.S.C. § 1396(a), asserted that conditions at the school violated residents' statutory and constitutional rights, including the right to minimally adequate care and treatment. Similar actions were filed at four other state schools and institutions, including Wrentham, The Dever School, and the Walter E. Fernald State School (later the Fernald Developmental Center). These five cases were later consolidated. After touring the facilities, the Court determined that the level of care at the facilities was indefensible. The parties then drafted consent decrees affecting the five Massachusetts institutions, which were approved in 1978, and are widely considered to have been very effective at improving the conditions of the facilities and the quality of life of the residents. The Clearinghouse has been unable to obtain these consent decrees or the orders approving them. According to background provided in a later judicial opinion in the case, the consent decrees specified mandatory staffing levels to be maintained at the institutions.

On June 26, 1981, the Defendants notified the District Court that they intended to decrease the staffing levels at the facilities. The plaintiffs, represented by the Center for Public Representation and private counsel, asked the court for a preliminary injunction restraining the Defendants from implementing staff reductions, alleging that the proposed reductions would render the Defendants unable to comply with the consent decrees. The preliminary injunction was granted, and the Defendants agreed to maintain the current staff levels pending the Court's determination of the proposal's merits. In 1982, the Court (Judge Joseph Louis Tauro) denied the Defendant's request to reduce staff levels at the state institutions, as such a reduction would render them unable to comply with the consent decrees. However, the Court set forth an appendix containing positions which could safely be eliminated without violating the decrees. Ricci v. Okin, 537 F.Supp. 817 (D.Mass. 1982).

On October 9, 1986, the Court (Judge Tauro) determined that it no longer needed to oversee compliance with the consent decrees, and it began the process of disengaging from the litigation. The Court ordered the establishment of an independent Office of Quality Assurance to monitor compliance for a three year period. Ricci v. Callahan, 646 F.Supp. 378 (D.Mass. 1986).

On January 22, 1992, the Court (Judge Tauro) determined that the Dever School contained several deficiencies in organization and staffing. The Governor had previously stipulated that the school be closed within three years. This decision affected staff layoffs, supervisor resignations and staff morale. The Court ordered that although the Defendants were free to close schools encompassed by the consent decrees, they must maintain appropriate standards and staff levels until the residents could be transferred to other facilities. Ricci v. Okin, 781 F.Supp 826 (D.Mass. 1992).

The Plaintiffs sought to extend the Office of Quality Assurance for a period exceeding the three year time allotted by the court due to the Defendants' failure to complete several tasks. This motion was granted on June 24, 1992. Ricci v. Okin, 1992 WL 163215 (D. Mass June 24, 1992). The Defendants then sought a stay of this motion, which was denied on July 21, 1992. Ricci v. Okin, 1992 WL 175509 (D. Mass July 21, 1992). The Defendants appealed this order to the United States Court of Appeals for the First Circuit. The Court, in an opinion by then-Judge Stephen Breyer, held that the matter was not appealable. Ricci v. Okin, 978 F.2d 764 (1st Cir. 1992).

On May 25, 1993, Judge Tauro issued a memorandum order that closed the five consolidated cases, because of his finding that court oversight and monitoring of the facilities was no longer necessary because "Massachusetts now [had] a system of care and habilitation [for people with mental disabilities] ... probably second to none anywhere in the world," and in light of the establishment of a new Governor's Commission on Mental Retardation. He vacated the consent decrees, replacing them with an order containing substantive and procedural provisions for future compliance with Constitutional and statutory standards of care. Ricci v. Okin, 823 F.Supp. 984 (D.Mass. 1993).

The present docket begins with a 2004 motion to reopen the case and enforce the 1993 order. This motion was filed in response to then-Governor of Massachusetts Mitt Romney's announcement in 2003 that the Fernald facility and other state-run large centers for people with mental and developmental disabilities would be closed. The petitioners sought to reopen the case and to prevent this closure.

On August 26, 2004, the Disability Law Center (DLC) filed a motion to intervene in the case, arguing that they had standing under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, U.S.C. §15041 et seq., to litigate on behalf and for the rights of people with disabilities within the state. They argued that it was necessary that they be granted plaintiff status in order to represent those mentally disabled residents of Massachusetts not presently residing in state institutions but at risk of institutionalization. The motion cited the interest in the case of these individuals because it addressed fundamental issues related to unnecessary institutionalization and the right to community-based services recognized in the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999). The motion to intervene was granted on August 30, 2004.

The motion to reopen the case was denied without prejudice on January 20, 2005. A second motion to reopen was filed on February 7, 2006 by the Wrentham Association for Retarded Citizens, arguing that the Massachusetts Department of Mental Retardation ("DMR") efforts had fallen short in recent years, and constituted a violation of the 1993 disengagement order. Specifically they alleged that residents were being subjected to substandard care, medical errors and abuse in community-based homes; that personnel were not adequately trained or experienced; that the DMR was failing to conduct periodic reviews required by the 1993 decree; and that the DMR failed to certify "equal or better" treatment at new locations for transferred individuals. They alleged that the proposed closing of the facilities would overwhelm the community-based programs that were already inadequate to serve the needs of their recipients.

On February 8, 2006 the Judge Tauro appointed United States Attorney Michael J. Sullivan to serve as Court Monitor for the consolidated cases, and instructed him to conduct an inquiry and report his findings to the Court. Pending this report, the Court granted a temporary injunction enjoining the DMR from transferring residents from the Fernald Developmental Center. No such injunction was granted for the other facilities in the case, and it is not clear from the court record which of them remained in operation at this point.

On June 7, 2006 the second motion to reopen the case was also denied without prejudice. But on August 14, 2007, after receiving the Monitor's Report from the U.S. Attorney, the Court reopened the case and lifted its preliminary injunction barring transfers from Fernald. The Monitor/U.S. Attorney concluded that the DMR had complied with the 1993 order's requirement that transferred residents obtain "equal or better services." Judge Tauro found that Massachusetts' policy of closing Fernald had damaged the State's, and thus the DMR's, ability to adequately assess the needs of the Fernald residents on an individual, as opposed to a wholesale basis. The court reasserted its jurisdiction over the case in order to ensure that the mentally disabled residents were able to fully participate in the decision to transfer them to other facilities or community living arrangements, and issued an order requiring that any communication between the DMR and the residents of Fernald and/or their guardians soliciting choices for residential placement include Fernald among the listed options from which to rank their preference. Ricci v. Okin, 499 F.Supp.2d 89 (D. Mass 2006). The State was not explicitly barred from closing Fernald, but because several residents indicated their preference to remain at the facility it remained open.

On September 12, 2007, the administration of Governor Deval Patrick appealed Judge Tauro's August 2006 ruling to the First Circuit U.S. Court of Appeals. On the same day, a separate appeal was filed jointly by the Association for Retarded Citizens of Massachusetts, and the Disability Law Center, and a third appeal was filed by the Association of Developmental Disabilities Providers. The third appeal was withdrawn a few days later.

On February 26, 2008, an emergency hearing was held before Judge Tauro after the DMR transferred a 91-year-old blind and hearing impaired resident with intellectual disabilities from Fernald, allegedly without following the procedures established in the Judge's August 2006 order. The following day, Judge Tauro issued an memorandum order continuing United States Attorney Sullivan's role as Monitor to investigate the occurrence. The order required the DMR to make all relevant documents available to the Monitor. The Judge also denied Massachusetts' motion to stay further proceedings in the District Court pending the outcome of its appeal, and a motion filed by the Plaintiffs to enjoin all transfers from Fernald pending the outcome of the appeals. Ricci v. Okin, 535 F.Supp.2d 229 (D. Mass 2008).

On October 1, 2008, the federal First Circuit Court of Appeals (Lynch, J.) issued an order reversing the August 2006 order, and dismissing the Plaintiffs' claims with prejudice, finding that the District Court lacked jurisdiction to reopen the case and to enter the orders it did. However, the Appeals Court issued an Amended Judgment on December 5, 2008, clarifying that the 1993 Order remained in full effect. Ricci v. Patrick, 544 F.3d 8 (1st Cir. 2008).

On March 17, 2011, Judge Tauro denied a motion filed by Local 509, Service Employees International Union (SEIU), seeking to reopen the case as intervening plaintiffs, holding that the SEIU lacked the necessary standing to bring their claim.

On July 26, 2013, a letter was filed with the court on behalf of two Ricci class members. The letter argued that the terms of the Disengagement Order allowed class members to "bring to this court an independent action in the event that the individual's grievances have not been remedied through existing state procedures." The letter appears to challenge the Department of Developmental Services involuntary transfer process, and the state court's acceptance of that process in M.D. v. Department of Developmental Services.

In that case, the guardian of one of the last fourteen residents at Fernald brought a challenge in Massachusetts state court appealing the Department of Developmental Services decision to transfer that resident from Fernald to a different center. On April 1, 2013, the Appeals Court of Massachusetts affirmed the Superior Court's judgment affirming the transfer. The Appeals Court noted that the decision to close the Fernald Developmental Center was a policy decision no longer subject to review by the Federal courts. M.D. v. Department of Developmental Services, 83 Mass.App.Ct. 463, 985 N.E.2d 863 (2013).

There is nothing in the docket to indicate any response to this letter, or to another letter that came from family members of a different Fernald resident on August 1, 2013. While there is nothing in the docket formally dismissing the case, it appears it is now closed.


1:72-cv-00469	Docket (PACER)	Aug. 17, 2015	Aug. 17, 2015 Docket
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Opinion	April 21, 1982	April 21, 1982 Order/Opinion 537 F.Supp. 817
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Order and Memorandum Ricci v. Callahan	Dec. 12, 1983	Dec. 12, 1983 Order/Opinion 576 F.Supp. 415
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Memorandum Ricci v. Callahan	Oct. 9, 1986	Oct. 9, 1986 Order/Opinion 646 F.Supp. 378
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Memorandum in Response to Defendants' Request for Clarification	Jan. 22, 1992	Jan. 22, 1992 Order/Opinion 781 F.Supp. 826
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Memorandum	June 24, 1992	June 24, 1992 Order/Opinion 1992 WL 163215
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Memorandum	July 21, 1992	July 21, 1992 Order/Opinion 1992 WL 175509
92-01812	Opinion U.S. Court of Appeals for the First Circuit	Oct. 30, 1992	Oct. 30, 1992 Order/Opinion 978 F.2d 764
1:72-cv-00469 74-02768 75-03910 75-05023 75-05210	Memorandum	May 25, 1993	May 25, 1993 Order/Opinion 823 F.Supp. 984
1 1:72-cv-00469	Motion to Reopen and Restore Case to Active Docket and Enforce the Final Order of May 12, 1993	July 13, 2004	July 13, 2004 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	July 14, 2004	MOTION to Reopen Case to active docket and enforce the final order of May 12, 1993 by Robert Simpson Ricci. Consolidated Cases include 72-0469 (Belchertown), 74-2768 (Fernald), 75-3910 (Monson), 75-5023 (Wrentham), and 75-5210 (Dever). (Abaid, Kim) Modified on 7/30/2004 (Abaid, Kim). (Entered: 07/14/2004)	RECAP
	July 14, 2004	Civil Case Terminated. (Abaid, Kim)
2	July 21, 2004	AFFIDAVIT of Marianne Meacham in Partial Response to 1 Motion to Reopen and Restore Case to the Active Docket by Robert L. Okin. (Abaid, Kim) (Entered: 07/22/2004)	RECAP
3	July 27, 2004	Assented to MOTION for Extension of Time to August 13, 2004 to Respond to Plaintiffs' Motion to Reopen Case and Restore Case to Active Docket and to Enforce the Final Order of May 12, 1993 by Robert L. Okin.(Rice, Juliana) (Entered: 07/27/2004)	RECAP
4	July 29, 2004	NOTICE of Appearance by Lisa C. Goodheart on behalf of Association for Retarded Citizens of Massachusetts, Inc., The Paul A. Dever Association for Retarded Citizens, Inc., Wrentham Association for Retarded Citizens, Inc. (Abaid, Kim) (Entered: 07/30/2004)	RECAP
5	July 29, 2004	STATEMENT of the Wrentham and Dever plaintiffs re certain issues raised by motion to reopen and restore the cases to the active docket and enforce the final order. (Abaid, Kim) (Entered: 07/30/2004)	RECAP
6	Aug. 9, 2004	Letter from Michael Noonan. (Abaid, Kim) (Entered: 08/16/2004)	RECAP
7	Aug. 16, 2004	Assented - To MOTION for Leave to File Excess Pages by Robert L. Okin.(Abaid, Kim) (Entered: 08/17/2004)	RECAP
8	Aug. 16, 2004	Opposition re 1 MOTION to Reopen Case filed by Robert L. Okin. (Attachments: # 1)(Abaid, Kim) (Entered: 08/17/2004)	RECAP
	Aug. 16, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 7 Motion for Leave to File Excess Pages (Abaid, Kim)
	Aug. 24, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 3 Motion for Extension of Time (Abaid, Kim)
9	Aug. 26, 2004	MOTION to Intervene as Plaintiff by Disability Law Center, Inc..(Abaid, Kim) (Entered: 08/27/2004)	RECAP
10	Aug. 26, 2004	BRIEF in Support re 9 MOTION to Intervene filed by Disability Law Center, Inc. (Abaid, Kim) (Entered: 08/27/2004)	RECAP
	Aug. 30, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 9 Motion to Intervene (Abaid, Kim)
11	Sept. 8, 2004	Letter from Philip J. Corrigan. (Abaid, Kim) (Entered: 09/09/2004)	RECAP
12	Oct. 22, 2004	Notice of Appearance of Thomas J. Frain and MOTION for Leave to Appear Pro Hac Vice by William J. Burke by Massachusetts Coalition of Families and Advocates for the Retarded, Inc., The Voice of the Retarded. (Attachments: # 1 Certificate of William J. Burke)(Abaid, Kim) (Entered: 10/25/2004)	RECAP
	Oct. 27, 2004	Filing fee: $ 50.00, receipt number 59624 regarding 12 Motion for Pro Hac Vice (Abaid, Kim)
	Oct. 27, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added William J. Burke for Massachusetts Coalition of Families and Advocates for the Retarded, Inc. and The Voice of the Retarded (Abaid, Kim)
13	Nov. 1, 2004	Assented-To MOTION to Appoint Brown Rudnick Berlack Israels LLP as Class Counsel for the Wrentham Class of Plaintiffs by Margaret Pinkham .(Abaid, Kim) (Entered: 11/01/2004)	RECAP
14	Nov. 1, 2004	MOTION to Withdraw appearance by Association for Retarded Citizens of Massachusetts, Inc., The Paul A. Dever Association for Retarded Citizens, Inc., Wrentham Association for Retarded Citizens, Inc..(Abaid, Kim) (Entered: 11/01/2004)	RECAP
15	Nov. 3, 2004	NOTICE of Hearing: Motion Hearing is set for November 10, 2004 at 10:30 AM in Courtroom 20 before Judge Joseph L. Tauro. (Abaid, Kim) (Entered: 11/03/2004)	RECAP
16	Nov. 8, 2004	Assented to MOTION to Appoint Counsel by Association for Retarded Citizens of Massachusetts, Inc..(Costanzo, Cathy) (Entered: 11/08/2004)	RECAP
23	Nov. 9, 2004	MOTION to Withdraw as Attorney by Association for Retarded Citizens of Massachusetts, Inc..(Abaid, Kim) (Entered: 11/16/2004)	RECAP
17	Nov. 10, 2004	NOTICE of Appearance by Christine M. Griffin on behalf of Disability Law Center, Inc. (Abaid, Kim) (Entered: 11/15/2004)	RECAP
18	Nov. 10, 2004	NOTICE of Withdrawal of Appearance Attorney Elizabeth F. Toner terminated. (Abaid, Kim) (Entered: 11/15/2004)	RECAP
19	Nov. 10, 2004	MOTION to Withdraw as Attorney by The Dever Plaintiffs.(Abaid, Kim) (Entered: 11/15/2004)	RECAP
21	Nov. 10, 2004	MOTION for Leave to File a Joint Amicus Brief by The Voice of the Retarded.(Abaid, Kim) (Entered: 11/15/2004)	RECAP
	Nov. 10, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 13 Motion to Appoint Counsel Appointed Cathy E. Costanzo for Association for Retarded Citizens of Massachusetts, Inc., Steven J. Schwartz for Association for Retarded Citizens of Massachusetts, Inc., granting 14 Motion to Withdraw, granting 16 Motion to Appoint Counsel Appointed Cathy E. Costanzo for Association for Retarded Citizens of Massachusetts, Inc., Steven J. Schwartz for Association for Retarded Citizens of Massachusetts, Inc. (Abaid, Kim)
	Nov. 10, 2004	*** Attorney Lisa C. Goodheart terminated. (Abaid, Kim)
	Nov. 10, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 19 Motion to Withdraw as Attorney. (Abaid, Kim)
	Nov. 10, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 21 Motion for Leave to File a Joint Amicus Brief (Abaid, Kim)
	Nov. 10, 2004	Judge Joseph L. Tauro : Electronic ORDER entered granting 22 Motion that he be designated as class counsel for the Dever plaintiffs (Abaid, Kim)
	Nov. 10, 2004	Judge Joseph L. Tauro : Electronic ORDER entered in Open Courtgranting 23 Motion to Withdraw as Attorney. (Abaid, Kim)
20	Nov. 12, 2004	Letter from Thomas M. Stanley, State Representative. (Abaid, Kim) (Entered: 11/15/2004)	RECAP
22	Nov. 15, 2004	MOTION that to be designated as class counsel for the Dever plaintiffs by The Paul A. Dever Association for Retarded Citizens, Inc..(Abaid, Kim) Modified on 11/16/2004 (Abaid, Kim). (Entered: 11/15/2004)	RECAP
	Nov. 15, 2004	Electronic Clerk's Notes for proceedings held before Judge Joseph L. Tauro : Status Conference held on 11/15/2004. Status updated on progress of parties with meetings. (Court Reporter Cheryl Dahlstrom.) (Abaid, Kim) Modified on 11/15/2004 (Abaid, Kim).
24	Nov. 18, 2004	TRANSCRIPT of Motion Hearing held on November 10, 2004 before Judge Tauro. Court Reporter: Carol Lynn Scott. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/330-1377 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/18/2004)	RECAP
25	Nov. 22, 2004	Letter from Robin T. Tyler. (Abaid, Kim) (Entered: 11/23/2004)	RECAP
26	Nov. 23, 2004	NOTICE of Appearance by Robert L. Quinan Jr. on behalf of Commonwealth of Massachusetts Department of Mental Retardation (Quinan, Robert) (Entered: 11/23/2004)	RECAP
27	Nov. 29, 2004	TRANSCRIPT of Status Conference held on November 15, 2004 before Judge Tauro. Court Reporter: Cheryl Dahlstrom. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/951-4555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/29/2004)	RECAP
28	Dec. 7, 2004	Copy of a letter sent from Diane Booher to Governor Mitt Romney. (Abaid, Kim) (Entered: 12/09/2004)	RECAP
29	Dec. 29, 2004	NOTICE of Unresolved Outstanding Issues by the Fernald Plaintiffs, Belchertown Plaintiffs, and Monson Plaintiffs. (Abaid, Kim) Modified on 1/7/2005 (Abaid, Kim). (Entered: 12/29/2004)	RECAP
30	Dec. 29, 2004	STIPULATION by the Belchertown Plaintiffs, Monson Plaintiffs, Fernald Plaintiffs, and Commonwealth of Massachusetts Department of Mental Retardation. (Abaid, Kim) Modified on 1/7/2005 (Abaid, Kim). (Entered: 12/29/2004)	RECAP
31	Dec. 29, 2004	Response by Commonwealth of Massachusetts Department of Mental Retardation to 29 Notice (Other) of Unresolved Outstanding Issues. (Quinan, Robert) (Entered: 12/29/2004)	RECAP
32	Jan. 3, 2005	Copy of a Letter from William F. Gear sent to Commissioner Gerald J. Morrissey, Jr. (Abaid, Kim) (Entered: 01/03/2005)	RECAP
33	Jan. 10, 2005	Reply by Fernald Plaintiffs, Belchertown Plaintiffs, Monson Plaintiffs to 31 Response to Notice of Unresolved Outstanding Issues. (Abaid, Kim) (Entered: 01/11/2005)	RECAP
34	Jan. 20, 2005	NOTICE of Appearance by Daniel J. Brown on behalf of Wrentham Association for Retarded Citizens, Inc. (Brown, Daniel) (Entered: 01/20/2005)	RECAP
	Jan. 20, 2005	Judge Joseph L. Tauro : Electronic ORDER entered denying without prejudice 1 Motion to Reopen Case. (Abaid, Kim)
35	Jan. 21, 2005	Copy of a Letter from William F. Gear to Commissioner Gerald Morrissey. (Abaid, Kim) (Entered: 01/24/2005)	RECAP
36	Jan. 25, 2005	TRANSCRIPT of Status Conference held on January 20, 2005 before Judge Tauro. Court Reporter: Carol Lynn Scott. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/330-1377 or the Clerk's Office. (Scalfani, Deborah) (Entered: 01/25/2005)	RECAP
37	Jan. 25, 2005	DECLARATION of Daryl Cameron Every by The Paul A. Dever Association for Retarded Citizens, Inc. (Abaid, Kim) (Entered: 01/27/2005)	RECAP
38	Feb. 4, 2005	PROPOSED - STIPULATION and Order for the Protection of Confidential Material by Commonwealth of Massachusetts Department of Mental Retardation. (Abaid, Kim) (Entered: 02/10/2005)	RECAP
39	Feb. 4, 2005	Copy of a Letter from Beryl W. Cohen to Commissioner Gerald J. Morrissey, Jr. (Abaid, Kim) (Entered: 02/08/2005)	RECAP
40	Feb. 4, 2005	Copy of a Letter from Commissioner Gerald J. Morrissey, Jr. to Mr. Gear and Ms. Santella. (Abaid, Kim) (Entered: 02/08/2005)	RECAP
41	Feb. 4, 2005	Copy of a Letter from Commissioner Gerald J. Morrissey, Jr. to Attorney Beryl W. Cohen. (Abaid, Kim) (Entered: 02/08/2005)	RECAP
42	Feb. 9, 2005	Copy of a Letter sent from Regina Davidson to Ms. Diane Enochs. (Abaid, Kim) (Entered: 02/10/2005)	RECAP
43	Feb. 9, 2005	Judge Joseph L. Tauro : ORDER entered 38 Stipulation for the Protection of Confidential Material is ALLOWED, and its terms are to be entered as an order of this court. (Abaid, Kim) Additional attachment(s) added on 2/10/2005 (Abaid, Kim). (Entered: 02/10/2005)	RECAP
44	Feb. 9, 2005	Copy of a Letter from William F. Gear to Commissioner Morrissey. (Abaid, Kim) (Entered: 02/11/2005)	RECAP
	Feb. 10, 2005	Notice of correction to docket made by Court staff. Correction: Document and Docket Entry 38 corrected because: Re-entered the document to reflect the title of the actual document. (Abaid, Kim)
45	Feb. 11, 2005	Joint MOTION for Protective Order Governing Disclosure of Confidential Personal Data by Commonwealth of Massachusetts Department of Mental Retardation. (Attachments: # 1 Text of Proposed Order and Stipulation for the Protection of Confidential Material)(Quinan, Robert) (Entered: 02/11/2005)	RECAP
47	Feb. 14, 2005	Copy of Letter from William F. Gear to Ms. Gail Gillespie, Director. (Abaid, Kim) (Entered: 02/15/2005)	RECAP
46	Feb. 15, 2005	Letter from Kathrine Shea. (Abaid, Kim) (Entered: 02/15/2005)	RECAP
48	Feb. 15, 2005	Judge Joseph L. Tauro : ORDER entered. ORDER Of The Court re: Stipulation for the Protection of Confidential Material.(Abaid, Kim) (Entered: 02/15/2005)	RECAP
	Feb. 15, 2005	Judge Joseph L. Tauro : Electronic ORDER entered granting 45 Motion for Protective Order (Abaid, Kim)
49	Feb. 22, 2005	Judge Joseph L. Tauro : ORDER entered. On or before March 8, 2005, the Parties shall file comments with this court concerning 46 Letter submitted on behalf of Service Employees International Union, Local 509 by it's attorney Katherine D. Shea.(Abaid, Kim) (Entered: 02/22/2005)	RECAP
50	March 8, 2005	Response by Commonwealth of Massachusetts Department of Mental Retardation to 46 Letter/request (non-motion) Submission of the Service Employees International Union. (Rice, Juliana) (Entered: 03/08/2005)	RECAP
51	March 8, 2005	AFFIDAVIT of Lawrence Tummino by Commonwealth of Massachusetts Department of Mental Retardation. (Rice, Juliana) (Entered: 03/08/2005)	RECAP
52	March 8, 2005	AFFIDAVIT of Margaret Chow Menzer by Commonwealth of Massachusetts Department of Mental Retardation. (Rice, Juliana) (Entered: 03/08/2005)	RECAP
53	March 8, 2005	Response by Wrentham Association for Retarded Citizens, Inc. to 49 Order, To Submit Response to SEIU Letter. (Attachments: # 1 Exhibit A)(Pinkham, Margaret) (Entered: 03/08/2005)	RECAP
54	March 8, 2005	Comments of Dever Plaintiffs Pursuant to the Court's Order of February 22, 2005. (Abaid, Kim) (Entered: 03/09/2005)	RECAP
56	March 8, 2005	Letter from Thomas J. Frain re: (COFAR) Massachusetts Coalition of Families and Advocates for the Retarded, Inc. (Abaid, Kim) (Entered: 03/14/2005)	RECAP
55	March 10, 2005	Response by Commonwealth of Massachusetts Department of Mental Retardation to the Submissions of the Dever Plaintiffs and Wrentham Class in Response to the Submission of the Service Employees International Union. (Attachments: # 1 # 2 # 3 # 4 # 5)(Rice, Juliana) (Entered: 03/10/2005)	RECAP
57	March 14, 2005	Letter from Fernald League for the Retarded, Inc.. (Abaid, Kim) (Entered: 03/15/2005)	RECAP
58	March 15, 2005	MOTION for Leave to File Late Response to SEIU Submission by Association for Retarded Citizens of Massachusetts, Inc. Attatchment 1 - Proposed Response (Costanzo, Cathy) Additional attachment(s) added on 3/16/2005 (Abaid, Kim). (Entered: 03/15/2005)	RECAP
	March 16, 2005	Notice of correction to docket made by Court staff. Correction: Docket Entries 58 and 59. corrected because: The motion 58 for leave to file has not yet been allowed. Until it is allowed, the response is proposed. Added the response to docket entry 58 and removed entry 59. (Abaid, Kim)
	March 21, 2005	Judge Joseph L. Tauro : Electronic ORDER entered granting 58 Motion for Leave to File (Abaid, Kim)
59	April 4, 2005	MOTION for Protective Order for Protection of Confidential Material by Commonwealth of Massachusetts Department of Mental Retardation. (Attachments: #A (1) #B (2) #C (3))(Rice, Juliana) Modified on 4/5/2005 (Abaid, Kim). (Entered: 04/04/2005)	RECAP
60	April 4, 2005	Proposed Document(s) submitted by Commonwealth of Massachusetts Department of Mental Retardation. Document received: Proposed Order for the Protection of Confidential Material. (Rice, Juliana) (Entered: 04/04/2005)	RECAP
61	April 5, 2005	Copies of Letters from William F. Gear and Gail Gillespie. (Abaid, Kim) (Entered: 04/05/2005)	RECAP
62	April 6, 2005	NOTICE of Unresolved Outstanding Issues by Fernald Plaintiffs (Abaid, Kim) (Entered: 04/08/2005)	RECAP
63	April 6, 2005	Letter from Marianne Meacham to Beryl Cohen. (Abaid, Kim) (Entered: 04/11/2005)	RECAP
64	April 6, 2005	Letter from Katherine D. Shea. (Abaid, Kim) (Entered: 04/11/2005)	RECAP
65	April 6, 2005	EXHIBIT - Attachment to 62 Notice of Other Outstanding Issues by Fernald Plaintiffs. (Abaid, Kim) (Entered: 04/11/2005)	RECAP
66	April 15, 2005	MOTION for Protective Order by Commonwealth of Massachusetts Department of Mental Retardation. (Attachments: # 1)(Rice, Juliana) (Entered: 04/15/2005)	RECAP
67	April 19, 2005	MOTION for Protective Order by Commonwealth of Massachusetts Department of Mental Retardation. (Attachments: # 1)(Rice, Juliana) (Entered: 04/19/2005)	RECAP
68	April 19, 2005	Letter from William F. Gear. (Abaid, Kim) (Entered: 04/20/2005)	RECAP
	April 19, 2005	Judge Joseph L. Tauro : Electronic ORDER entered 66 Motion for Protective Order is DENIED WITHOUT PREJUDICE to re-filing with certification pursuant to local rule 7.1(a)(2). (Abaid, Kim)
69	April 25, 2005	Opposition re 67 MOTION for Protective Order filed by Fernald Plaintiffs. (Abaid, Kim) (Entered: 04/26/2005)	RECAP
70	April 28, 2005	TRANSCRIPT of Status Conference held on April 7, 2005 before Judge Tauro. Court Reporter: Carol Lynn Scott. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/330-1377 or the Clerk's Office. (Scalfani, Deborah) (Entered: 04/28/2005)	RECAP
71	May 24, 2005	Copy of Letter from Gail Gillespie to William Gear. (Abaid, Kim) (Entered: 05/24/2005)	RECAP
72	May 24, 2005	Copy of Letter from William F. Gear to Commissioner Gerald J. Morrissey. (Abaid, Kim) (Entered: 05/24/2005)	RECAP
	June 6, 2005	NOTICE by the COURT: A STATUS CONFERENCE IS SCHEDULED FOR JUNE 15, 2005AT 10:00 A.M. (Lovett, Zita)
73	June 9, 2005	REPLY to Opposition re 67 MOTION for Protective Order filed by Commonwealth of Massachusetts Department of Mental Retardation. (Abaid, Kim) (Entered: 06/14/2005)	RECAP
74	June 9, 2005	MOTION for Protective Order by Commonwealth of Massachusetts Department of Mental Retardation.(Abaid, Kim) (Entered: 06/14/2005)	RECAP
75	June 15, 2005	Judge Joseph L. Tauro : ORDER entered. PROTECTIVE ORDER(Abaid, Kim) (Entered: 06/15/2005)	RECAP
	June 15, 2005	Judge Joseph L. Tauro : Electronic ORDER entered granting 74 Motion for Protective Order (Abaid, Kim)
76	July 26, 2005	TRANSCRIPT of Status Conference held on June 15, 2005 before Judge Tauro. Court Reporter: Carol Lynn Scott. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/330-1377 or the Clerk's Office. (Scalfani, Deborah) (Entered: 07/26/2005)	RECAP
77	July 27, 2005	Copies of Letters from William Gear and Gail Gillespie. (Abaid, Kim) (Entered: 07/27/2005)	RECAP
78	Aug. 29, 2005	Letter from Helen T. Shaw. (Abaid, Kim) (Entered: 08/29/2005)	RECAP
79	Aug. 29, 2005	Letter from Diane Walsh. (Abaid, Kim) (Entered: 08/29/2005)	RECAP

Case: Ricci v. Okin

1:72-cv-00469 | U.S. District Court for the District of Massachusetts

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Docket for: Ricci v. Okin

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