Case: J.B.H. v. Knox County

COMPLAINT (Class Action) against All Defendants ( Filing fee $ 405 receipt number AILCDC-4482029.), filed by J. B. H.. (Attachments: # 1 Exhibit 1 through 9, # 2 Civil Cover Sheet, # 3 Exhibit Knox County Summons, # 4 Exhibit Cavanaugh Summons, # 5 Exhibit Pletz Summons, # 6 Exhibit Steck Summons)(Fee, Kevin) (Entered: 05/28/2024)

NOTICE of Appearance of Attorney by Kevin M. Fee, Jr on behalf of J. B. H. (Fee, Kevin) (Entered: 05/28/2024)

NOTICE of Appearance of Attorney by Samantha R Reed on behalf of J. B. H. (Reed, Samantha) (Entered: 05/28/2024)

NOTICE of Appearance of Attorney by Alexis Picard on behalf of J. B. H. (Picard, Alexis) (Entered: 05/28/2024)

NOTICE of Appearance of Attorney by Camille E Bennett on behalf of J. B. H. (Bennett, Camille) (Entered: 05/28/2024)

MOTION to Certify Class by Plaintiff J. B. H.. Responses due by 6/11/2024 (Fee, Kevin) (Entered: 05/28/2024)

MEMORANDUM in Support re 6 MOTION to Certify Class filed by Plaintiff J. B. H.. (Fee, Kevin) (Entered: 05/28/2024)

Summons Issued as to All Defendants. Originals returned to plaintiff attorney to effectuate service. (SB) (Entered: 05/29/2024)

Order Reassigning Case

TEXT ORDER OF REASSIGNMENT. This case and the corresponding hearings are reassigned to Judge James E. Shadid for further proceedings due to the nature of the case. Entered by Chief Judge Sara Darrow on 5/29/2024. (SAG)

AMENDED COMPLAINT against All Defendants, filed by J. B. H.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Exhibit Knox County Summons, # 14 Exhibit Cavanaugh Summons, # 15 Exhibit Pletz Summons, # 16 Exhibit Steck Summons)(Fee, Kevin) (Entered: 06/11/2024)

Amended MOTION to Certify Class by Plaintiffs J.B.H. and A.M. by Plaintiff J. B. H.. Responses due by 6/26/2024 (Fee, Kevin) (Entered: 06/12/2024)

MEMORANDUM re 10 Amended MOTION to Certify Class by Plaintiffs J.B.H. and A.M. by J. B. H.. (Fee, Kevin) (Entered: 06/12/2024)

Summons Issued as to All Defendants. Returned to counsel to effect service. (RES) (Entered: 06/13/2024)

SUMMONS Returned Executed by J. B. H., A. M.. Knox County served on 6/18/2024, answer due 7/9/2024. (Fee, Kevin) (Entered: 06/20/2024)

SUMMONS Returned Executed by J. B. H., A. M.. Bridget E. Pletz served on 6/18/2024, answer due 7/9/2024. (Fee, Kevin) (Entered: 06/20/2024)

SUMMONS Returned Executed by J. B. H., A. M.. Wendi L. Steck served on 6/18/2024, answer due 7/9/2024. (Fee, Kevin) (Entered: 06/20/2024)

SUMMONS Returned Executed by J. B. H., A. M.. Raymond A. Cavanaugh served on 6/20/2024, answer due 7/11/2024. (Fee, Kevin) (Entered: 06/24/2024)

NOTICE of Appearance of Attorney by Elizabeth Jordane Andonova Mallory on behalf of Raymond A. Cavanaugh, Bridget E. Pletz, Wendi L. Steck (Andonova Mallory, Elizabeth) (Entered: 06/25/2024)

Order AND Order on Motion to Certify Class AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings

TEXT ORDER entered by Judge James E. Shadid on 6/28/2024. On May 28, 2024, Plaintiff J.B.H. filed a Complaint 1 under 42 U.S.C. § 1983 along with a Motion for Class Certification 6 and a Memorandum in Support of Motion for Class Certification 7 . Subsequently, Plaintiffs J.B.H. and A.M. filed an Amended Complaint 9, an Amended Motion for Class Certification 10, and a Memorandum in Support of Amended Motion for Class Certification 11 . In their Amended Motion for Class Certification under Federal Rule of Civil Procedure 23(a) and (b)(2), Plaintiffs seek to certify a class of children who are currently, or in the future will be, detained in the Mary Davis Detention Home (the "Class"). Plaintiffs seek declaratory and injunctive relief on behalf of themselves and the Class, including an order compelling Defendants to develop and implement a plan to remedy the conditions at the Mary Davis Detention Home, which allegedly violate the rights of Plaintiffs and the Class under the Fourth, Eighth, and Fourteenth Amendments. Due to the filing of their Amended Motion for Class Certification 10, the initial Motion for Class Certification 6 is MOOT. Defendants have been served, but their answers or responsive pleadings are not yet due. (See Docs. 13-16). As such, the Court sua sponte extends the deadline for Defendants to respond to Plaintiffs' Amended Motion for Class Certification 10 to August 12, 2024. (SAG)

NOTICE of Appearance of Attorney by Hal Brandon Dworkin on behalf of Raymond A. Cavanaugh, Bridget E. Pletz, Wendi L. Steck (Dworkin, Hal) (Entered: 07/09/2024)

MOTION for Extension of Time to File Answer re 9 Amended Complaint, (Unopposed), MOTION to Stay re 10 Amended MOTION to Certify Class by Plaintiffs J.B.H. and A.M. stay briefing on Plaintiffs' motion for class certification (unopposed) by Defendants Raymond A. Cavanaugh, Bridget E. Pletz, Wendi L. Steck. Responses due by 7/23/2024 (Dworkin, Hal) (Entered: 07/09/2024)

Order on Motion for Extension of Time to Answer AND Order on Motion to Stay AND ~Util - Set/Reset Deadlines

TEXT ORDER granting 19 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint and to Stay briefing on Plaintiffs' motion for class certification. Defendants Raymond A. Cavanaugh, Bridget E. Pletz and Wendi L. Steck shall file their responsive pleading in re 9 Amended Complaint by 9/6/24. Court STAYS any briefing on Plaintiffs' Motion for class certification. Entered by Magistrate Judge Jonathan E. Hawley on 7/10/24. (WG)

NOTICE of Appearance of Attorney by Timothy R Farrell on behalf of J. B. H. (Farrell, Timothy) (Entered: 07/12/2024)

NOTICE of Appearance of Attorney by Catherine E. Conroy on behalf of J. B. H. (Conroy, Catherine) (Entered: 07/12/2024)

NOTICE of Appearance of Attorney by Bhairav Radia on behalf of Knox County (Radia, Bhairav) (Entered: 07/23/2024)

NOTICE of Appearance of Attorney by Joseph Bracey on behalf of Knox County (Bracey, Joseph) (Entered: 07/23/2024)

MOTION for Extension of Time to File Answer re 9 Amended Complaint, DEFENDANT KNOX COUNTYS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER by Defendant Knox County. Responses due by 8/8/2024 (Bracey, Joseph) (Entered: 07/25/2024)

Order on Motion for Extension of Time to Answer

Set/Reset Deadlines (including Answer ddl)

TEXT ORDER granting 24 Unopposed Motion for Extension of Time to Answer. DEFENDANT KNOX COUNTY'S Responsive pleading in re 9 Amended Complaint is due 9/6/2024. Entered by Magistrate Judge Jonathan E. Hawley on 7/26/24. (WG)

Set/Reset Deadlines: Raymond A. Cavanaugh answer due 9/6/2024; Bridget E. Pletz answer due 9/6/2024; Wendi L. Steck answer due 9/6/2024. (SAG)

Joint MOTION for Protective Order by Plaintiffs A. M., J. B. H.. Responses due by 8/28/2024 (Fee, Kevin) (Entered: 08/14/2024)

Order on Motion for Protective Order

TEXT ORDER denying with leave to renew 25 the parties' Agreed Motion for Entry of Protective Order. First, the signature blocks for each attorney at the end of the proposed Protective Order remain blank. Second, Paragraph 7 of the proposed Protective Order specifically refers to the courtroom procedures of the Honorable James E. Shadid. The parties are directed to review Judge Hawley's Standing Order, Section XII., Attachment B (Model Protective Order, Paragraph 3(a)) which omits reference to a particular judge. Entered by Magistrate Judge Jonathan E. Hawley on 8/15/2024. (KZ)

Second MOTION for Protective Order by Plaintiffs A. M., J. B. H.. Responses due by 9/6/2024 (Attachments: # 1 Exhibit A)(Fee, Kevin) (Entered: 08/23/2024)

ORDER granting 26 Motion for Protective Order. The signed Protective Order is attached to this Docket Entry. Entered by Magistrate Judge Jonathan E. Hawley on 8/24/24. (Hawley, Jonathan) (Entered: 08/24/2024)

Second MOTION for Extension of Time to File Answer re 9 Amended Complaint, (Unopposed) by Defendant Knox County. Responses due by 9/19/2024 (Bracey, Joseph) (Entered: 09/05/2024)

Second MOTION for Extension of Time to File Answer (Unopposed) by Defendants Raymond A. Cavanaugh, Bridget E. Pletz, Wendi L. Steck. Responses due by 9/19/2024 (Dworkin, Hal) (Entered: 09/05/2024)

Order on Motion for Extension of Time to Answer

TEXT ORDER granting 28 Defendant Knox County's Second Unopposed Motion for Extension of Time to File Answer. Knox County answer due 9/20/2024. Entered by Magistrate Judge Jonathan E. Hawley on 9/6/24. (FDS)

TEXT ORDER granting 29 Defendants Cavanaugh, Pletz, and Steck's Unopposed Second Motion for Extension of Time to Respond to Plaintiff's Amended Complaint Defendants Raymond A. Cavanaugh, Bridget E. Pletz, and Wendi L. Steck answer due 9/20/2024. Entered by Magistrate Judge Jonathan E. Hawley on 9/6/24. (FDS)

ANSWER to 9 Amended Complaint, ANSWER TO PLAINTIFFS AMENDED COMPLAINT BY KNOX COUNTY by Knox County.(Radia, Bhairav) (Entered: 09/20/2024)

ANSWER to 9 Amended Complaint, by Raymond A. Cavanaugh, Bridget E. Pletz, Wendi L. Steck.(Dworkin, Hal) (Entered: 09/20/2024)

TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 10/25/24 at 10:00 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each prior to speaking unless the judge asks a question directly to you so time that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 10/22/24. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. If the complaint makes allegations on behalf of a class, the proposed discovery plan should include a deadline for filing a motion to certify class at a stage early in the case. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 9/23/2024. (WG) (Entered: 09/23/2024)

MOTION for Preliminary Injunction by Plaintiffs A. M., J. B. H.. Responses due by 10/24/2024 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Fee, Kevin) (Entered: 10/10/2024)

Consent MOTION for Leave to File Excess Pages in Support of Motion for Preliminary Injunction by Plaintiffs A. M., J. B. H.. Responses due by 10/24/2024 (Attachments: # 1 Exhibit A)(Fee, Kevin) (Entered: 10/10/2024)

Order on Motion for Leave to File Excess Pages

TEXT ORDER entered by Judge James E. Shadid on 10/11/2024. Plaintiffs' Unopposed Motion for Leave to File Memorandum in Excess of Fifteen Pages 34 in support of their Motion for Preliminary Injunction is GRANTED. The Clerk is directed to file Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction (Doc. 34-1). (ANW)

MEMORANDUM in Support regarding 33 MOTION for Preliminary Injunction filed by Plaintiff J. B. H.. (ANW) (Entered: 10/11/2024)

MOTION to Expedite Limited Discovery by Plaintiffs A. M., J. B. H.. Responses due by 10/25/2024 (Picard, Alexis) (Entered: 10/11/2024)

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by J. B. H., A. M.. (Picard, Alexis) (Entered: 10/22/2024)

Order AND ~Util - Set/Reset Hearings

TEXT ORDER: Due to a conflict in the Court's calendar, the Rule 16 Scheduling Conference set for 10/25/2024 at 10:00 AM is CHANGED IN TIME ONLY to 9:30 AM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Entered by Magistrate Judge Jonathan E. Hawley on 10/23/24. (WG)

BRIEF Statement of Interest re 33 MOTION for Preliminary Injunction by United States. (Jean-Johnson, Ariona) (Entered: 10/24/2024)

Order on Motion to Expedite AND Scheduling Conference - Rule 16 AND ~Util - Set/Reset Deadlines

Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attorneys Alexis Picard, Kevin Fee, and Samantha Reed for Plaintiff and Attorney Hal Dworkin (counsel for Know County Defendants failing to appear) for Rule 16 Scheduling Conference held on 10/25/24. Discussion held regarding 36 Plaintiff's Motion for Limited Expedited Discovery. Plaintiff withdraws their motion. Discussion held regarding 37 Expedited Discovery Plan for Preliminary Injunction and Class Certification. Court adopts 37 Discovery Plan including the 1/31/25 deadline for Defendants' to file their response to Plaintiff's Motion for Preliminary Injunction as discussed on the record. (Tape #PRC: 9:33 a.m.) (FDS)

PDF with attached Audio File. Court Date & Time [10/25/2024 09:33:33 AM]. File Size [ 1953 KB ]. Run Time [ 00:04:01 ]. (admin). (Entered: 10/25/2024)

Order Removing JEH as MJ Re DJ Hawley Apt

TEXT ORDER entered by Chief Judge Sara Darrow on 11/17/2024. Due to Judge Jonathan E. Hawley's confirmation as a District Judge, this case is no longer referred to Judge Jonathan E. Hawley. Any previously scheduled hearings are reset before the presiding judge.

Protective Order

Protective Order