Case: C. v. Cooper

Bolch v. Cooper

Bolch v. Cooper

Bolch v. Cooper

Bolch v. Cooper

Bolch v. Cooper

COMPLAINT - CLASS ACTION against All Defendants ( Filing fee $ 405 receipt number ANCWDC-6646479), filed by A. W., S.M., J.C., C.S., L.M., M.G., J.B., H.M., M.S. (Attachments: # 1 Cover Sheet)(Blake, Christopher) Modified Docket Text to Fix Plaintiff names on 8/28/2024 (cjs). (Entered: 08/27/2024)

1 Cover Sheet

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NOTICE of Appearance by Christopher J. Blake on behalf of All Plaintiffs (Blake, Christopher) (Entered: 08/27/2024)

NOTICE of Appearance by Martin Warf on behalf of All Plaintiffs (Warf, Martin) (Entered: 08/27/2024)

Case Assigned/Reassigned

Case assigned to District Judge Frank D. Whitney and US Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(cjs)

Summons Issued Electronically as to Gaston County, Gaston County Department of Social Services, Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services, North Carolina Department of Health and Human Services. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cjs) (Entered: 08/28/2024)

REQUEST FOR WAIVER of Service sent to Roy Cooper, in his official capcaity as the Governor of North Carolina on August 28, 2024 by J. B., J. C., M. G., H. M., L. M., S. M., C. S., M. S., A. W.. (Blake, Christopher) (Entered: 08/28/2024)

REQUEST FOR WAIVER of Service sent to Kody Kinsley in his official capacity as Secretary of the NC Department of Health and Human Services on 8/28/2024 by J. B., J. C., M. G., H. M., L. M., S. M., C. S., M. S., A. W.. (Blake, Christopher) (Entered: 08/28/2024)

REQUEST FOR WAIVER of Service sent to Susan Osborn in her official capacity as Assistant Secretary for County Operations of the Division of Social Services, North Carolina Department of Health and Human Services on August 28, 2024 by J. B., J. C., M. G., H. M., L. M., S. M., C. S., M. S., A. W.. (Blake, Christopher) (Entered: 08/28/2024)

REQUEST FOR WAIVER of Service sent to MARK PAYNE, as Director of the Division of Health Service Regulation, North Carolina Department of Health and Human Services on August 28, 2024 by J. B., J. C., M. G., H. M., L. M., S. M., C. S., M. S., A. W.. (Blake, Christopher) (Entered: 08/28/2024)

Standing Order Regarding Use of Artificial Intelligence

Initial Scheduling Order Entry - Judge Whitney

Case Assigned/Reassigned

Clerk's Entry and Service of Initial Scheduling Order and Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (cjs)

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (cjs)

NOTICE of Appearance by Jacob H. Wellman on behalf of Gaston County, Gaston County Department of Social Services (Wellman, Jacob) (Entered: 09/05/2024)

NOTICE of Appearance by Daniel T. Strong on behalf of Gaston County, Gaston County Department of Social Services (Strong, Daniel) (Entered: 09/05/2024)

NOTICE of Appearance by J. Matthew Little on behalf of Gaston County, Gaston County Department of Social Services (Attachments: # 1 Notice of Appearance of Jacob H. Wellman, # 2 Notice of Appearance of Daniel T. Strong)(Little, J.) (Entered: 09/05/2024)

NOTICE of Appearance by Stephanie Ann Brennan on behalf of Roy Cooper (Brennan, Stephanie) (Entered: 09/13/2024)

NOTICE of Appearance by Sean F. Perrin on behalf of Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services (Perrin, Sean) (Entered: 09/13/2024)

NOTICE of Appearance by Kimberly Sullivan on behalf of Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services (Sullivan, Kimberly) (Entered: 09/13/2024)

MOTION for Extension of Time to Answer re: 1 Complaint, by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Sullivan, Kimberly). Motions referred to David Keesler. (Entered: 09/16/2024)

ORDER granting Defendants' 15 Motion for Extension of Time to Answer. Mecklenburg County answer due 10/10/2024; Mecklenburg County Department of Social Services-Youth and Family Services answer due 10/10/2024. Signed by US Magistrate Judge David Keesler on 9/16/24. (mga) (Entered: 09/16/2024)

NOTICE of Appearance by Lisa Bradley on behalf of Kody Kinsley, North Carolina Department of Health and Human Services, Susan Osborn, Mark Payne (Bradley, Lisa) (Entered: 09/19/2024)

Joint MOTION for Extension of Time to Answer re: 1 Complaint, by Roy Cooper, Kody Kinsley, North Carolina Department of Health and Human Services, Susan Osborn, Mark Payne. (Attachments: # 1 Proposed Order Proposed Order) (Bradley, Lisa). Motions referred to David Keesler. (Entered: 09/19/2024)

ORDER granting with modification 18 Motion for Extension of Time to Answer re: 1 Complaint. Roy Cooper, Kody Kinsley, North Carolina Department of Health and Human Services, Susan Osborn, and Mark Payne answer due 11/26/2024. Signed by US Magistrate Judge David Keesler on 9/23/2024. (brl) (Entered: 09/23/2024)

MOTION for Extension of Time to Answer re: 1 Complaint, by Gaston County, Gaston County Department of Social Services. (Attachments: # 1 Exhibit A - Plaintiffs' Counsel's Consent Email, # 2 Proposed Order) (Strong, Daniel). Motions referred to David Keesler. (Entered: 09/24/2024)

ORDER granting Defendants' 20 Motion for Extension of Time to Answer re: 1 Complaint. Gaston County answer due 10/10/2024; Gaston County Department of Social Services answer due 10/10/2024. Signed by US Magistrate Judge David Keesler on 9/25/24. (mga) (Entered: 09/25/2024)

NOTICE of Appearance by Katherine Montgomery McCraw on behalf of Kody Kinsley, North Carolina Department of Health and Human Services, Susan Osborn, Mark Payne (McCraw, Katherine) (Entered: 10/01/2024)

MOTION to Dismiss by Gaston County, Gaston County Department of Social Services. Responses due by 10/24/2024 (Little, J.) (Entered: 10/10/2024)

MEMORANDUM in Support re 23 MOTION to Dismiss by Gaston County, Gaston County Department of Social Services. (Little, J.) (Entered: 10/10/2024)

ANSWER to 1 Complaint, with Jury Demand by Gaston County, Gaston County Department of Social Services.(Little, J.) (Entered: 10/10/2024)

MOTION to Dismiss for Failure to State a Claim by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. Responses due by 10/24/2024 (Perrin, Sean) (Entered: 10/10/2024)

MEMORANDUM in Support re 26 MOTION to Dismiss for Failure to State a Claim by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Perrin, Sean) (Entered: 10/10/2024)

MOTION PRELIMINARY HEARING PURSUANT TO INITIAL SCHEDULING ORDER by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. Responses due by 10/24/2024 (Perrin, Sean). Modified to remove referral on 10/11/2024 (brl). (Entered: 10/10/2024)

MEMORANDUM in Support re 28 MOTION PRELIMINARY HEARING PURSUANT TO INITIAL SCHEDULING ORDER by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Perrin, Sean) (Entered: 10/10/2024)

ANSWER to 1 Complaint, with Jury Demand by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services.(Perrin, Sean) (Entered: 10/10/2024)

Consent MOTION for Extension of Time to Amend re: 26 MOTION to Dismiss for Failure to State a Claim, 1 Complaint, 23 MOTION to Dismiss by Daria Barazandeh, Steven Bolch, Kari Danforth, Veronika Monteleone. Responses due by 11/5/2024 (Attachments: # 1 Proposed Order) (Blake, Christopher). Motions referred to David Keesler. (Entered: 10/22/2024)

ORDER granting Plaintiff's 31 Consent Motion for Extension of Time to File Response/Reply. Plaintiffs shall file responses to Defendants' Motions to Dismiss ( Document Nos. 23 and 26), or in the alternative file an Amended Complaint, on or November 22, 2024. Signed by US Magistrate Judge David Keesler on 10/23/24. (mga) (Entered: 10/23/2024)

WAIVER OF SERVICE Returned Executed by Veronika Monteleone, Kari Danforth, Steven Bolch, Daria Barazandeh. Mark Payne waiver sent on 8/28/2024, answer due 11/26/2024. (Warf, Martin) (Entered: 11/11/2024)

WAIVER OF SERVICE Returned Executed by Veronika Monteleone, Kari Danforth, Steven Bolch, Daria Barazandeh. Roy Cooper waiver sent on 8/28/2024, answer due 11/26/2024. (Warf, Martin) (Entered: 11/11/2024)

WAIVER OF SERVICE Returned Executed by Veronika Monteleone, Kari Danforth, Steven Bolch, Daria Barazandeh. Susan Osborn waiver sent on 8/28/2024, answer due 11/26/2024. (Warf, Martin) (Entered: 11/11/2024)

WAIVER OF SERVICE Returned Executed by Veronika Monteleone, Kari Danforth, Steven Bolch, Daria Barazandeh. Kody Kinsley waiver sent on 8/28/2024, answer due 11/26/2024. (Warf, Martin) (Entered: 11/11/2024)

AMENDED COMPLAINT (CLASS ACTION) against All Defendants, filed by Veronika Monteleone, Kari Danforth, Steven Bolch, Daria Barazandeh.(Blake, Christopher) (Entered: 11/22/2024)

ORDER denying as moot 23 Defendant Gaston County's Motion to Dismiss ; denying as moot 26 Defendant Mecklenburg County's Motion to Dismiss for Failure to State a Claim; denying as moot 28 Defendant Mecklenburg County's Motion for a Preliminary Hearing. Signed by District Judge Frank D. Whitney on 11/25/24. (clc)

WAIVER OF SERVICE Returned Executed by Harnett County. Harnett County waiver sent on 12/2/2024, answer due 1/31/2025. (Little, J.) (Entered: 12/02/2024)

WAIVER OF SERVICE Returned Executed by Harnett County Department of Social Services. Harnett County Department of Social Services waiver sent on 12/2/2024, answer due 1/31/2025. (Little, J.) (Entered: 12/02/2024)

WAIVER OF SERVICE Returned Executed by Rockingham County. Rockingham County waiver sent on 12/2/2024, answer due 1/31/2025. (Little, J.) (Entered: 12/02/2024)

WAIVER OF SERVICE Returned Executed by Rockingham County Department of Social Services. Rockingham County Department of Social Services waiver sent on 12/2/2024, answer due 1/31/2025. (Little, J.) (Entered: 12/02/2024)

Unopposed MOTION for Leave to File Excess Pages by North Carolina Department of Health and Human Services, Kody Kinsley, Susan Osborn, Mark Payne. Responses due by 12/16/2024 (Attachments: # 1 Proposed Order) (McCraw, Katherine). Motions referred to David Keesler. (Entered: 12/02/2024)

ORDER granting 43 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge David Keesler on 12/3/2024. (brl) (Entered: 12/03/2024)

Summons Issued Electronically as to Davidson County, Davidson County Department of Social Services, Harnett County, Harnett County Department of Social Services, Johnston County, Johnston County Department of Social Services, Randolph County, Randolph County Department of Social Services, Rockingham County, Rockingham County Department of Social Services. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj) (Entered: 12/05/2024)

MOTION to Dismiss for Failure to State a Claim by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. Responses due by 12/20/2024 (Perrin, Sean) (Entered: 12/06/2024)

MEMORANDUM in Support re 46 MOTION to Dismiss for Failure to State a Claim by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Perrin, Sean) (Entered: 12/06/2024)

MOTION Preliminary Hearing by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. Responses due by 12/20/2024 (Perrin, Sean). Modified to remove referral on 12/6/2024 (mga). (Entered: 12/06/2024)

MEMORANDUM in Support re 48 MOTION Preliminary Hearing by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Perrin, Sean) (Entered: 12/06/2024)

ANSWER to 37 Amended Complaint by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services.(Perrin, Sean) (Entered: 12/06/2024)

MOTION to Dismiss for Failure to State a Claim by Gaston County, Gaston County Department of Social Services. Responses due by 12/20/2024 (Little, J.) (Entered: 12/06/2024)

MEMORANDUM in Support re 51 MOTION to Dismiss for Failure to State a Claim by Gaston County, Gaston County Department of Social Services. (Little, J.) (Entered: 12/06/2024)

ANSWER to 37 Amended Complaint by Gaston County, Gaston County Department of Social Services.(Little, J.) (Entered: 12/06/2024)

MOTION to Dismiss for Failure to State a Claim by Roy Cooper. Responses due by 12/20/2024 (Brennan, Stephanie) (Entered: 12/06/2024)

MEMORANDUM in Support re 54 MOTION to Dismiss for Failure to State a Claim by Roy Cooper. (Brennan, Stephanie) (Entered: 12/06/2024)

MOTION to Dismiss by North Carolina Department of Health and Human Services, Kody Kinsley, Susan Osborn, Mark Payne. Responses due by 12/20/2024 (McCraw, Katherine) (Entered: 12/06/2024)

MEMORANDUM in Support re 56 MOTION to Dismiss by North Carolina Department of Health and Human Services, Kody Kinsley, Susan Osborn, Mark Payne. (McCraw, Katherine) (Entered: 12/06/2024)

MOTION for Hearing re 57 Memorandum in Support of Motion, 56 MOTION to Dismiss by North Carolina Department of Health and Human Services, Kody Kinsley, Susan Osborn, Mark Payne. Responses due by 12/20/2024 (McCraw, Katherine) (Entered: 12/06/2024)

MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim by Roy Cooper. Responses due by 12/20/2024 (Brennan, Stephanie) (Entered: 12/06/2024)

MEMORANDUM in Support re 59 MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim by Roy Cooper. (Brennan, Stephanie) (Entered: 12/06/2024)

WAIVER OF SERVICE Returned Executed by Randolph County Department of Social Services. Randolph County Department of Social Services waiver sent on 12/2/2024, answer due 1/31/2025. (Perrin, Sean) (Entered: 12/09/2024)

WAIVER OF SERVICE Returned Executed by Randolph County. Randolph County waiver sent on 12/2/2024, answer due 1/31/2025. (Perrin, Sean) (Entered: 12/09/2024)

NOTICE of Appearance by J. Matthew Little on behalf of Rockingham County, Rockingham County Department of Social Services (Little, J.) (Entered: 12/10/2024)

NOTICE of Appearance by Jacob H. Wellman on behalf of Rockingham County, Rockingham County Department of Social Services (Wellman, Jacob) (Entered: 12/10/2024)

NOTICE of Appearance by Daniel T. Strong on behalf of Rockingham County, Rockingham County Department of Social Services (Strong, Daniel) (Entered: 12/10/2024)

NOTICE of Appearance by J. Matthew Little on behalf of Harnett County, Harnett County Department of Social Services (Little, J.) (Entered: 12/10/2024)

NOTICE of Appearance by Jacob H. Wellman on behalf of Harnett County, Harnett County Department of Social Services (Wellman, Jacob) (Entered: 12/10/2024)

NOTICE of Appearance by Daniel T. Strong on behalf of Harnett County, Harnett County Department of Social Services (Strong, Daniel) (Entered: 12/10/2024)

RESPONSE to Motion re 28 MOTION PRELIMINARY HEARING PURSUANT TO INITIAL SCHEDULING ORDER, 58 MOTION for Hearing re 57 Memorandum in Support of Motion, 56 MOTION to Dismiss, 48 MOTION Preliminary Hearing, 59 MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim (Response to Requests for Preliminary Hearing) by Gaston County, Gaston County Department of Social Services. Replies due by 12/20/2024 (Little, J.) Modified text on 12/18/2024 (clc). (Entered: 12/11/2024)

RESPONSE in Support re 58 MOTION for Hearing re 57 Memorandum in Support of Motion, 56 MOTION to Dismiss, 48 MOTION Preliminary Hearing, 59 MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim (Brief in Support of Request for Preliminary Hearing) by Gaston County, Gaston County Department of Social Services. (Little, J.) (Entered: 12/11/2024)

MOTION for Leave to Appear Pro Hac Vice as to Marcia Lowry Filing fee $ 300, receipt number ANCWDC-6771243. by Steven Bolch, Kari Danforth, Daria Barazandeh, Veronika Monteleone. (Blake, Christopher). Motions referred to David Keesler. (Entered: 12/13/2024)

ORDER granting 71 Motion for Leave to Appear Pro Hac Vice added Marcia Lowry for Daria Barazandeh,Marcia Lowry for Steven Bolch,Marcia Lowry for Kari Danforth,Marcia Lowry for Veronika Monteleone (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/16/24. (mga)

Notice - Out of State Counsel

Notice to Marcia Lowry: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 12/23/2024. (mga)

Consent MOTION for Extension of Time to File Response/Reply re: 51 MOTION to Dismiss for Failure to State a Claim, 54 MOTION to Dismiss for Failure to State a Claim, 46 MOTION to Dismiss for Failure to State a Claim, 56 MOTION to Dismiss by Steven Bolch, Kari Danforth, Daria Barazandeh, Veronika Monteleone. Responses due by 12/31/2024 (Attachments: # 1 Proposed Order Proposed Order) (Blake, Christopher). Motions referred to David Keesler. (Entered: 12/17/2024)

ORDER granting with modification 73 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file responses to the pending Motions To Dismiss (Document Nos. 46, 51, 54, and 56) on or before 1/8/2025. Signed by US Magistrate Judge David Keesler on 12/18/2024. (brl) (Entered: 12/18/2024)

RESPONSE in Opposition re 58 MOTION for Hearing re 57 Memorandum in Support of Motion, 56 MOTION to Dismiss, 48 MOTION Preliminary Hearing, 59 MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim by Steven Bolch, Kari Danforth, Daria Barazandeh, Veronika Monteleone. Replies due by 12/27/2024 (Blake, Christopher) (Entered: 12/20/2024)

NOTICE of intent not to file reply re 75 Response in Opposition to Motion, by Mecklenburg County, Mecklenburg County Department of Social Services-Youth and Family Services. (Perrin, Sean) (Entered: 12/20/2024)

NOTICE of Intent Not to File a Reply by Gaston County, Gaston County Department of Social Services re 75 Response in Opposition to Motion, (Strong, Daniel) (Entered: 12/23/2024)

NOTICE of Appearance by James Nicholas Ellis on behalf of Johnston County, Johnston County Department of Social Services (Ellis, James) (Entered: 12/23/2024)

NOTICE of Appearance by Sydney Plummer Davis on behalf of Johnston County, Johnston County Department of Social Services (Davis, Sydney) (Entered: 12/23/2024)

MOTION for Extension of Time to Answer re: 37 Amended Complaint by Johnston County, Johnston County Department of Social Services. (Ellis, James). Motions referred to David Keesler. (Entered: 12/23/2024)

REPLY to Response to Motion re 51 MOTION to Dismiss for Failure to State a Claim, 58 MOTION for Hearing re 57 Memorandum in Support of Motion, 56 MOTION to Dismiss, 46 MOTION to Dismiss for Failure to State a Claim, 56 MOTION to Dismiss by North Carolina Department of Health and Human Services, Kody Kinsley, Susan Osborn, Mark Payne. (McCraw, Katherine) (Entered: 12/23/2024)

REPLY to Response to Motion re 59 MOTION for Hearing re 54 MOTION to Dismiss for Failure to State a Claim by Roy Cooper. (Brennan, Stephanie) (Entered: 12/23/2024)

ORDER granting Defendants Johnston County and Johnston County Department of Social Services' 80 Motion for Extension of Time to Answer re 37 Amended Class Action Complaint. Johnston County answer due 1/21/2025; Johnston County Department of Social Services answer due 1/21/2025. Signed by US Magistrate Judge David Keesler on 12/27/24. (mga) (Entered: 12/27/2024)

MOTION for Extension of Time to Answer re: 37 Amended Complaint by Davidson County, Davidson County Department of Social Services. (Flanagan, Patrick). Motions referred to David Keesler. (Entered: 01/02/2025)

ORDER granting Defendants Davidson County and Davidson County Department of Social Services" 84 Motion for Extension of Time to Answer re 37 Amended Complaint. Davidson County answer due 1/27/2025; Davidson County Department of Social Services answer due 1/27/2025. Signed by US Magistrate Judge David Keesler on 1/3/2025. (mga) (Entered: 01/03/2025)

MOTION for Leave to File Excess Pages - MOTION TO INCREASE WORD LIMIT FOR RESPONSES TO MOTIONS TO DISMISS - by Steven Bolch, Kari Danforth, Daria Barazandeh, Veronika Monteleone. Responses due by 1/17/2025 (Warf, Martin). Motions referred to David Keesler. (Entered: 01/03/2025)

NOTICE of Appearance by Jake William Stewart on behalf of Davidson County, Davidson County Department of Social Services (Stewart, Jake) (Entered: 01/06/2025)

ORDER granting Plaintiff's 86 Motion to Increase the Word Limit for Responses to Motions to Dismiss. Signed by US Magistrate Judge David Keesler on 1/6/25. (mga) (Entered: 01/06/2025)

MOTION for Leave to Appear Pro Hac Vice as to Laura Welikson Filing fee $ 300, receipt number ANCWDC-6797722. by Steven Bolch, Kari Danforth, Daria Barazandeh, Veronika Monteleone. (Blake, Christopher). Motions referred to David Keesler. (Entered: 01/07/2025)

ORDER granting 89 Motion for Leave to Appear Pro Hac Vice added Laura Welikson for Daria Barazandeh,Laura Welikson for Steven Bolch,Laura Welikson for Kari Danforth,Laura Welikson for Veronika Monteleone (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 1/7/25. (mga) (Entered: 01/07/2025)

Notice - Out of State Counsel