Case: Bryan C v. Lambrew

1:21-cv-00005 | U.S. District Court for the District of Maine

Filed Date: Jan. 6, 2021

Closed Date: Nov. 27, 2024

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Case Summary

This is a class action lawsuit about the administration of psychotropic drugs in Maine foster care. On January 6, 2021, the plaintiffs, four foster children in the custody of the Maine Department of Health and Human Services (DHHS), filed suit through their next friend in U.S. District Court for the District of Maine against the Commissioner of the Maine DHHS and the Director of the Maine Office of Child and Family Services. The complaint set forth that Maine’s Department of Health and Human S…

This is a class action lawsuit about the administration of psychotropic drugs in Maine foster care.

On January 6, 2021, the plaintiffs, four foster children in the custody of the Maine Department of Health and Human Services (DHHS), filed suit through their next friend in U.S. District Court for the District of Maine against the Commissioner of the Maine DHHS and the Director of the Maine Office of Child and Family Services. The complaint set forth that Maine’s Department of Health and Human Services and Office of Child and Family Services permit the administration of psychotropic drugs to foster children, without sufficient oversight mechanisms. There are over 2,000 children in foster care in Maine, and according to the U.S. Department of Health and Human Services Office of Inspector General, up to 80% of children in foster care have significant mental health needs, making this population particularly vulnerable to overmedication. Plaintiffs alleged that there are strict recommended metabolic monitoring schedules for psychotropic medication and requirements set forth in federal law, but that such schedules are rarely followed. Plaintiffs alleged that Maine’s oversight failures included the failure to maintain readily accessible, up-to-date medical records for children in foster care; failure to maintain a minimally adequate, informed consent process; and failure to maintain an appropriate monitoring system to flag and review “outlier” prescriptions of psychotropic medications. Plaintiffs, foster care children who had been prescribed and administered inappropriate dosages of psychotropic medication while in state custody, reported that as a result of their medication, they experienced harmful side-effects, including but not limited to suicidal idealization, hallucinations, personality changes, and brain fog. Plaintiffs filed the class action on behalf of a putative class of Maine foster children who similarly were or would be administered psychotropic medication.

In their complaint, plaintiffs set forth the following claims under 42 U.S.C. § 1983: (1) Defendants violated plaintiffs’ substantive due rights under the Fourteenth Amendment, which requires states to protect children in its foster care custody from unreasonable risk of harm, by acting in a way that departed from acceptable professional judgment, (2) Defendants violated plaintiffs’ procedural due rights under the Fourteenth Amendment, interfering with defendants’ liberty interests without due process of law by subjecting plaintiffs to unnecessary medication without sufficient procedures or a process for informed consent, and (3) Defendants violated plaintiffs’ rights under the Federal Adoption Assistance and Child Welfare Act, 42 U.S.C. §§621, 670, which create statutory rights to individualized written case plans to assure safe and proper care and to have health records reviewed and timely supplied to foster care providers. Plaintiffs sued for injunctive and declaratory relief to enjoin defendants from continuing the use of current policies, and instead implement and maintain comprehensive electronic healthcare records for all children in foster care and timely provide medical histories to foster caretakers; develop new consent, monitoring, and training policies; and to develop and implement a system of secondary review to flag outlier prescriptions.

On March 19, 2021, the plaintiffs filed an amended complaint, wherein they provided up-to-date information on the medical history of the named plaintiffs but otherwise re-alleged their claims.

On March 19, 2021, defendants filed a motion to dismiss the amended complaint. While conceding that the plaintiffs’ allegations warrant prompt attention from the Maine DHHS, the defendants argued that DHSS has been making substantial progress to rectify these issues and that a federal court is not the proper lens to address those concerns. Defendants argued, in substance, that (1) under the abstention doctrine in Younger v. Harris, 401 U.S. 37 (1971), the court should abstain from exercising jurisdiction where potential relief would interfere with ongoing state judicial proceedings, which implicate state interests and provide opportunity to hear federal and constitutional claims, (2) Defendants also claimed that as a minor may only sue in federal courts via a “next friend” or “guardian ad litem” and the plaintiffs sued through designated “next friends” instead of appointed guardians at litem, that the plaintiffs lacked standing, (3) lastly, defendants argued that the plaintiffs’ claims do not implicate the Fourteenth Amendment as they failed to allege “conscience-shocking conduct” or other deprivations of violation of plaintiffs’ constitutional rights, and that there is no private cause of action under the Federal Adoption Assistance and Child Welfare Act which the plaintiffs based some of their claims upon.

On October 4, 2021, Judge Nancy Torrensen issued an order granting and denying in part defendants’ motion to dismiss. The court reviewed the legal posture of each plaintiff and reviewed defendants’ motion to dismiss. First, while the court found no issue with most of the named plaintiffs, the court held that with respect to one plaintiff, the complaint never set forth how the named plaintiff was harmed by actions or omissions taken by the defendants. The court allowed leave to amend the complaint sua sponte, but noted that if the plaintiffs failed to allege how the defendants played any role in that named plaintiff being incorrectly administered psychotropic medication, that named plaintiffs’ claims must drop out.

Second, the court then addressed each aspect of the defendants’ arguments in their motion to dismiss. For the defendants’ argument for abstention under Younger v Harris, the court held that there are three categories in which Younger abstention applies – state criminal prosecutions, state proceedings akin to a criminal prosecution, and civil proceedings with orders uniquely furthering state courts’ ability to perform their judicial functions – none of which, the court held, defendants successfully explained would apply here. For the defendants’ standing argument, the court held that the next friends in this action were appropriate: The next friends here are genuinely motivated to help plaintiffs seek relief, are familiar with the situation, understand their role, are able and willing to litigate on plaintiffs’ behalf, and are familiar with the realities that foster children face – all the criteria needed to be next friends in litigation. Lastly, with respect to defendants’ due process arguments, the court held as follows: For the procedural due process claim, the plaintiffs adequately alleged violation of procedural due process rights, which is a mixed question of law and fact. However, with respect to defendants’ motion on the plaintiffs’ Adoption Assistance and Child Welfare Act claim, the court noted that while the Federal Adoption Assistance and Child Welfare Act could allow for private actions to be brought, one part of the Act which the plaintiffs sued under (§671) did not: This section of the Act required that the case review system operate to the satisfaction of the Secretary of the U.S. DHSS, and is not focused directly on the benefit to foster children, which is a necessary predicate for private action. As such, the court dismissed the plaintiffs’ claim grounded on §671 of the Act.

On October 18, the plaintiffs filed a second amended complaint. In line with the court’s action on the defendants’ motion to dismiss, plaintiffs provided greater specificity on the medical treatment of the named plaintiff, and specifically laid out how defendants failed to provide adequate oversight and medical information while the plaintiff was in foster care.

The parties then proceeded into discovery. In 2022, while engaging in discovery discussions, the parties also began settlement negotiations. The parties filed joint status reports, providing updates on the status of those settlement talks. On March 1, 2024, after the conclusion of these negotiations, the parties filed a joint motion for approval of their settlement agreement, requesting court approval.

The settlement agreement, which would resolve the pending claims with the court to retain jurisdiction to enforce the settlement terms, required the following:

1. Establishment of procedures for the timely preparation of a Portable Health Record for each child in DHHS custody, which would be timely updated and would move with the child from placement to placement;

2. Creation of a process for informed consent by designated adults and children over fourteen years old, for all classes of psychotropic medication;

3. Creation of a psychiatric Clinical Review Team to conduct prospective and retrospective reviews of psychotropic medication recommendations and prescriptions.

The settlement agreement set forth Performance Criteria and a third-party Implementation Reviewer to ensure timely and effective implementation, and also provided for notice to all class members in the following form to make them aware of the proposed settlement. Under the terms of the agreement, the defendants agreed to compensate plaintiffs $675,000 for attorney’s fees and costs in this litigation.

On July 3, 2024, the court provided preliminary approval of the class action settlement. Finding that the proposed settlement agreement was reasonable and likely fell within the range of possible final approval, the court extended preliminary approval, pending a Fairness Hearing. The court also appointed class counsel to represent the class members in this settlement.

A final Fairness Hearing was held on November 4, 2024. The parties then filed a joint motion for final approval with the court.

On November 27, 2024, the court issued its order, providing final approval. Finding no issues raised in the Fairness Hearing, the court approved the class action settlement, class certification per the settlement terms, and attorneys’ fees. The court also, in line with the terms of the settlement agreement, dismissed all claims in this action without prejudice.

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Summary Authors

Keren Yi (3/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29087756/parties/bryan-c-v-lambrew/

Judge(s)

Attorney for Plaintiff

ALBERT, EBEN M. (Maine)

AROCHO, JOSHUA HECTOR (Maine)

BARTOSZ, SAMANTHA M. (Maine)

Attorney for Defendant

ABRAHAM, STANLEY WILLIAM (Maine)

ANTON, JASON (Maine)

Judge(s)

Torresen, Nancy (Maine)

Attorney for Plaintiff

ALBERT, EBEN M. (Maine)

AROCHO, JOSHUA HECTOR (Maine)

BARTOSZ, SAMANTHA M. (Maine)

DIXON, STEPHEN A. (Maine)

FORTIER, LUCAS LEVITE (Maine)

GETACHEW, ALESHADYE (Maine)

GLASSPIEGEL, CLAIRE RENEE (Maine)

KING, JONATHAN (Maine)

KINNEY, MADELEINE MACNEIL (Maine)

NARDI, MARISSA CHRISTINA (Maine)

PRITCHARD, LAUREN (Maine)

WOODCOCK, JOHN A. (Maine)

Attorney for Defendant

ABRAHAM, STANLEY WILLIAM (Maine)

ANTON, JASON (Maine)

BEAL, KEVIN J. (Maine)

FORSTER, SARAH A. (Maine)

KNOWLTON, THOMAS A. (Maine)

MAGENIS, SEAN D. (Maine)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:21-cv-00005	Complaint for Injunctive and Declaratory Relief and Request for Class Action	Jan. 6, 2021	Jan. 6, 2021 Complaint
43 1:21-cv-00005	Order on Defendants' Motion to Dismiss	Oct. 4, 2021	Oct. 4, 2021 Order/Opinion 340 F.R.D. 501
45 1:21-cv-00005	Second Amended Complaint for Injunctive and Declaratory Relief and Requeset for Class Action	Oct. 18, 2021	Oct. 18, 2021 Complaint
120 1:21-cv-00005	Order on Joint Motion for Preliminary Approval of Class Action Settlement, Certification of Settlement Class, and Approval of Form and Manner of Class Notice	July 3, 2024	July 3, 2024 Order/Opinion 2024 WL 3293411
132 1:21-cv-00005	Judgment of Dismissal	Nov. 27, 2024	Nov. 27, 2024 Order/Opinion
131 1:21-cv-00005	Order on Joint Motion for Final Approval of Class Action Settlement and Certification of Settlement Class	Nov. 27, 2024	Nov. 27, 2024 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/29087756/bryan-c-v-lambrew/

Last updated Aug. 4, 2025, 7:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against JEANNE M LAMBREW, TODD A LANDRY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by HENRY B, BRYAN C, TRENT W, NEVILLE H, KENDALL P, GRAYSON M. (Service of Process Deadline 4/6/2021) Fee due by 1/8/2021.(bfa) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 Clearinghouse
2	CIVIL COVER SHEET. (bfa) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
3	MOTION for Leave to File complaint under Pseudonyms by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W (bfa) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
	Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Marissa C. Nardi must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 1/13/2021. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. Pro Hac Vice Certificate due by 1/13/2021. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (bfa)	Jan. 6, 2021	Jan. 6, 2021 PACER
	Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2411217.), filed by HENRY B, BRYAN C, TRENT W, NEVILLE H, KENDALL P, GRAYSON M.(WOODCOCK, JOHN)	Jan. 6, 2021	Jan. 6, 2021 PACER
4	CERTIFICATION for Admission Pro Hac Vice of Marissa C. Nardi filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411323.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
5	CERTIFICATION for Admission Pro Hac Vice of Samantha Bartosz filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411350.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
6	CERTIFICATION for Admission Pro Hac Vice of Stephen Dixon filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411354.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
7	CERTIFICATION for Admission Pro Hac Vice of Claire Glasspiegel filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411356.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
8	CERTIFICATION for Admission Pro Hac Vice of Jonathan King filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411357.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
9	CERTIFICATION for Admission Pro Hac Vice of Madeleine M. Kinney filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2411370.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WOODCOCK, JOHN) (Entered: 01/06/2021)	Jan. 6, 2021	Jan. 6, 2021 PACER
	Set Deadlines per filing of Pro Hac Vice Certifications: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys MADELEINE MACNEIL KINNEY, JONATHAN MICHAEL KING, CLAIRE RENEE GLASSPIEGEL, STEPHEN A. DIXON, and SAMANTHA BARTOSZ must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 1/15/2021. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (slg)	Jan. 6, 2021	Jan. 6, 2021 PACER
10	Summons Issued as to JEANNE M LAMBREW, TODD A LANDRY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Todd A. Landry summons)(bfa) (Entered: 01/12/2021)	Jan. 12, 2021	Jan. 12, 2021 PACER
11	NOTICE of Appearance by EBEN M. ALBERT on behalf of All Plaintiffs (ALBERT, EBEN) (Entered: 01/13/2021)	Jan. 13, 2021	Jan. 13, 2021 PACER
12	NOTICE of Appearance by JASON ANTON on behalf of All Defendants (ANTON, JASON) (Entered: 01/20/2021)	Jan. 20, 2021	Jan. 20, 2021 PACER
13	NOTICE of Appearance by THOMAS A. KNOWLTON on behalf of All Defendants (KNOWLTON, THOMAS) (Entered: 01/20/2021)	Jan. 20, 2021	Jan. 20, 2021 PACER
14	NOTICE of Appearance by SARAH A. FORSTER on behalf of All Defendants (FORSTER, SARAH) (Entered: 01/20/2021)	Jan. 20, 2021	Jan. 20, 2021 PACER
15	ORDER granting 3 Motion for Leave to File Complaint Under Pseudonyms. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)	Jan. 25, 2021	Jan. 25, 2021 RECAP
16	Summonses Returned Executed by All Plaintiffs. JEANNE M LAMBREW & TODD A LANDRY served on 1/19/2021. (WOODCOCK, JOHN) Modified on 1/25/2021 to clean up text (mnd). (Entered: 01/25/2021)	Jan. 25, 2021	Jan. 25, 2021 PACER
	Set Answer Deadline for JEANNE M LAMBREW & TODD A LANDRY - Per Summons Returned Executed #16: Answers due by 2/9/2021. (mnd)	Jan. 25, 2021	Jan. 25, 2021 PACER
17	Consent MOTION to Extend Time to File Answer by JEANNE M LAMBREW, TODD A LANDRY Responses due by 2/25/2021. (ANTON, JASON) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
18	ORDER granting 17 Motion to Extend Time to File Response to Complaint. Time is extended to March 9, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
	Reset Answer Deadline for JEANNE M LAMBREW & TODD A LANDRY - Per Order #18: Answer deadlines reset to 3/9/2021. (mnd)	Feb. 4, 2021	Feb. 4, 2021 PACER
	Order on Motion for Extension of Time to Answer	Feb. 4, 2021	Feb. 4, 2021 PACER
19	NOTICE of Appearance by STANLEY WILLIAM ABRAHAM, III on behalf of All Defendants (ABRAHAM, STANLEY) (Entered: 02/25/2021)	Feb. 25, 2021	Feb. 25, 2021 PACER
20	Consent MOTION to Extend Time to File Answer by JEANNE M LAMBREW, TODD A LANDRY Responses due by 3/24/2021. (ANTON, JASON) (Entered: 03/03/2021)	March 3, 2021	March 3, 2021 PACER
21	ORDER granting 20 Motion to Extend Time to File Response to Complaint. Time is extended to March 23, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/04/2021)	March 4, 2021	March 4, 2021 PACER
	Reset Answer Deadline for JEANNE M LAMBREW & TODD A LANDRY - Per Order #21: Answers due by 3/23/2021. (mnd)	March 4, 2021	March 4, 2021 PACER
	Order on Motion for Extension of Time to Answer	March 4, 2021	March 4, 2021 PACER
22	First AMENDED COMPLAINT against JEANNE M LAMBREW, TODD A LANDRY, filed by HENRY B, BRYAN C, TRENT W, NEVILLE H, KENDALL P, GRAYSON M. (Service of Process Deadline 6/17/2021)(WOODCOCK, JOHN) (Entered: 03/19/2021)	March 19, 2021	March 19, 2021 RECAP
	Set Answer Deadline for JEANNE M LAMBREW & TODD A LANDRY : Answers to First Amended Complaint due by 4/2/2021. (mnd)	March 19, 2021	March 19, 2021 PACER
23	Consent MOTION for Leave to File Memorandum of Law in Excess of Page Limitation by JEANNE M LAMBREW, TODD A LANDRY Responses due by 4/20/2021. (ANTON, JASON) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021 PACER
24	ORDER granting 23 Motion for Leave to File Memorandum of Law in Excess of Page Limitation - By JUDGE NANCY TORRESEN. (mnd) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021 PACER
25	MOTION to Dismiss for lack of subject-matter jurisdiction and for failure to state a claim by JEANNE M LAMBREW, TODD A LANDRY Responses due by 4/23/2021. (ANTON, JASON) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 RECAP
26	(Document sealed from public view) Unopposed MOTION to Seal Exhibits to Motion to Dismiss by JEANNE M LAMBREW, TODD A LANDRY Responses due by 4/23/2021. (Attachments: # 1 Exhibit A: Maine District Court Order, # 2 Exhibit B: Maine District Court Order, # 3 Exhibit C: Maine District Court Order, # 4 Exhibit D: Maine District Court Order, # 5 Exhibit E: Maine District Court Order, # 6 Exhibit F: Maine District Court Order)(ANTON, JASON) (Entered: 04/02/2021)	April 2, 2021	April 2, 2021 PACER
27	ORDER granting without objection 26 Motion to Seal. In United States v. Kravetz, 706 F.3d 47, 59 (1st Cir. 2013), the First Circuit noted: "Though the public's right to access is vibrant, it is not unfettered. Important countervailing interests can, in given instances, overwhelm the usual presumption and defeat access." (quoting Siedle v. Putnam Inv., Inc., 147 F.3d 7, 10 (1st Cir. 1998)). In its assessment of a request to seal, a court is required to "carefully balance the presumptive public right of access against the competing interests that are at stake in a particular case." Id. The exhibits were generated in child protective proceedings and are confidential by statute. The interest in maintaining the confidentiality of the records generated in child protection proceedings supports the seal of the exhibits in this case. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 04/06/2021)	April 6, 2021	April 6, 2021 PACER
	Order on Motion to Seal	April 6, 2021	April 6, 2021 PACER
28	Consent MOTION to Extend Time for Plaintiffs' Response to Defendants' Motion to Dismiss by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W Responses due by 5/11/2021. (WOODCOCK, JOHN) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021 PACER
29	ORDER granting 28 Motion to Extend Time to File Response to Motion to Dismiss. Time is extended to May 14, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 04/21/2021)	April 21, 2021	April 21, 2021 PACER
	Reset Deadlines as to 25 MOTION to Dismiss for lack of subject-matter jurisdiction and for failure to state a claim per Order #29: Responses due by 5/14/2021. (slg)	April 21, 2021	April 21, 2021 PACER
30	Joint MOTION for Confidentiality Order by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W Responses due by 5/12/2021. (Attachments: # 1 Proposed Confidentiality Order, # 2 Redline of Proposed Confidentiality Order against Court's Form Confidentiality Order)(WOODCOCK, JOHN) Modified on 4/21/2021 to clean up docket text (slg). (Entered: 04/21/2021)	April 21, 2021	April 21, 2021 PACER
31	(Document sealed from public view) Unopposed MOTION to Seal Joint Notice by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W Responses due by 5/12/2021. (Attachments: # 1 Sealed Exhibit 1)(WOODCOCK, JOHN) (Entered: 04/21/2021)	April 21, 2021	April 21, 2021 PACER
	Order on Motion to Extend Time	April 21, 2021	April 21, 2021 PACER
32	ORDER granting 31 Motion to Seal By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
	Order on Motion to Seal	April 22, 2021	April 22, 2021 PACER
33	CONSENT CONFIDENTIALITY ORDER granting 30 Motion for Confidentiality Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
34	Consent MOTION for Leave to File Memorandum of Law in Excess of Page Limitation by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W Responses due by 5/28/2021. (WOODCOCK, JOHN) (Entered: 05/07/2021)	May 7, 2021	May 7, 2021 PACER
35	ORDER granting 34 Motion for Leave to File Memorandum of Law in Excess of Page Limitation. By JUDGE NANCY TORRESEN. (RGK) (Entered: 05/10/2021)	May 10, 2021	May 10, 2021 PACER
	Order on Motion for Leave to File	May 10, 2021	May 10, 2021 PACER
36	RESPONSE in Opposition re 25 MOTION to Dismiss for lack of subject-matter jurisdiction and for failure to state a claim filed by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W. Reply due by 5/28/2021. (WOODCOCK, JOHN) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021 RECAP
37	MOTION by Attorney Jonathan King to Withdraw as Attorney by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W Responses due by 6/15/2021. (WOODCOCK, JOHN) (Entered: 05/25/2021)	May 25, 2021	May 25, 2021 PACER
38	ORDER granting 37 Motion by Jonathan King to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 05/25/2021)	May 25, 2021	May 25, 2021 PACER
	Order on Motion to Withdraw as Attorney	May 25, 2021	May 25, 2021 PACER
39	Consent MOTION for Leave to File Reply Memorandum of Law in Excess of Page Limitation by JEANNE M LAMBREW, TODD A LANDRY Responses due by 6/17/2021. (ANTON, JASON) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021 PACER
40	NOTICE of Appearance by KEVIN J. BEAL on behalf of All Defendants (BEAL, KEVIN) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021 PACER
41	ORDER granting 39 Motion for Leave to File Reply Memorandum in Excess of Page Limit. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021 PACER
	Order on Motion for Leave to File	May 27, 2021	May 27, 2021 PACER
42	REPLY to Response to Motion re 25 MOTION to Dismiss for lack of subject-matter jurisdiction and for failure to state a claim filed by JEANNE M LAMBREW, TODD A LANDRY. (ANTON, JASON) (Entered: 05/28/2021)	May 28, 2021	May 28, 2021 RECAP
43	ORDER ON DEFENDANTS' MOTION TO DISMISS granting in part and denying in part 25 Motion to Dismiss By JUDGE NANCY TORRESEN. (lrt)	Oct. 4, 2021	Oct. 4, 2021 Clearinghouse
	Set Deadlines Per ORDER ON DEFENDANTS' MOTION TO DISMISS: Amended Complaint due by 10/18/2021. (lrt)	Oct. 4, 2021	Oct. 4, 2021 PACER
44	CERTIFICATION for Admission Pro Hac Vice of Aleshadye Getachew filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2562711.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (WOODCOCK, JOHN) (Entered: 10/14/2021)	Oct. 14, 2021	Oct. 14, 2021 PACER
	Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney ALESHADYE GETACHEW must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 10/22/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (clp)	Oct. 14, 2021	Oct. 14, 2021 PACER
45	Second AMENDED COMPLAINT against All Defendants, filed by HENRY B, BRYAN C, TRENT W, NEVILLE H, KENDALL P, GRAYSON M. (Service of Process Deadline 1/18/2022)(WOODCOCK, JOHN) (Entered: 10/18/2021)	Oct. 18, 2021	Oct. 18, 2021 Clearinghouse
46	NOTICE/CORRESPONDENCE Re: Second Amended Complaint by All Plaintiffs (Attachments: # 1 Exhibit Redlined Second Amended Complaint)(WOODCOCK, JOHN) (Entered: 10/18/2021)	Oct. 18, 2021	Oct. 18, 2021 PACER
	Answer Deadline: Answer to Second Amended Complaint due from JEANNE M LAMBREW & TODD A LANDRY by 11/1/2021. (slg)	Oct. 19, 2021	Oct. 19, 2021 PACER
47	NOTICE of Appearance by SEAN D. MAGENIS on behalf of JEANNE M LAMBREW, TODD A LANDRY (MAGENIS, SEAN) (Entered: 10/26/2021)	Oct. 26, 2021	Oct. 26, 2021 PACER
48	ANSWER to 45 Amended Complaint by JEANNE M LAMBREW, TODD A LANDRY.(MAGENIS, SEAN) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
49	NOTICE of Hearing: Telephone Conference set for 11/10/2021 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
50	CERTIFICATION for Admission Pro Hac Vice of Joshua Arocho filed by JOHN A. WOODCOCK, III on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2574049.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (WOODCOCK, JOHN) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
	Set Deadlines per Pro Hac Vice Certification: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JOSHUA AROCHO must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 11/12/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (slg)	Nov. 5, 2021	Nov. 5, 2021 PACER
51	Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: FTR) (mtm) (Entered: 11/10/2021)	Nov. 10, 2021	Nov. 10, 2021 PACER
	Set Deadlines/Hearings : Joint 26(f) report due by 11/23/2021. (mtm)	Nov. 10, 2021	Nov. 10, 2021 PACER
52	AMENDED ANSWER to 45 Amended Complaint by JEANNE M LAMBREW, TODD A LANDRY. (MAGENIS, SEAN) (Entered: 11/22/2021)	Nov. 22, 2021	Nov. 22, 2021 PACER
53	JOINT Proposed Discovery and Motion Filing Plan by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W. (WOODCOCK, JOHN) (Entered: 11/23/2021)	Nov. 23, 2021	Nov. 23, 2021 PACER
54	NOTICE of Hearing: Video Conference of Counsel set for 12/1/2021 at 2:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 11/24/2021)	Nov. 24, 2021	Nov. 24, 2021 PACER
55	Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Conference of Counsel held. Order to issue. (Court Reporter: FTR) (MFS) (Entered: 12/01/2021)	Dec. 1, 2021	Dec. 1, 2021 PACER
56	SCHEDULING ORDER: Discovery due by 3/3/2023. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 3/3/2023. Motions due by 3/31/2023. Ready for Trial on 6/5/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (slg) (Entered: 12/02/2021)	Dec. 2, 2021	Dec. 2, 2021 PACER
	Set Deadlines Regarding Scheduling Order : Specific Document Deadline (1) for Motion for Class Certification due by 8/12/2022. (jwr)	Dec. 2, 2021	Dec. 2, 2021 PACER
57	STIPULATION of Voluntary Dismissal of Named Plaintiff Kendall P. by BRYAN C, GRAYSON M, HENRY B, KENDALL P, NEVILLE H, TRENT W. (WOODCOCK, JOHN) (Entered: 12/17/2021)	Dec. 17, 2021	Dec. 17, 2021 PACER
58	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Conference of Counsel held on 12-1-2021 before Judge John C. Nivison, U.S. Magistrate. Court Reporter/Transcriber: Dennis Ford, Telephone Number: 207-831-8056. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 3/23/2022. (FORD, DENNIS) (Entered: 12/23/2021)	Dec. 23, 2021	Dec. 23, 2021 PACER
59	MOTION by Attorney Kevin Beal to Withdraw as Attorney by JEANNE M LAMBREW, TODD A LANDRY Responses due by 2/8/2022. (BEAL, KEVIN) (Entered: 01/18/2022)	Jan. 18, 2022	Jan. 18, 2022 PACER
60	ORDER granting 59 Motion by Attorney Kevin Beal to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 01/18/2022)	Jan. 18, 2022	Jan. 18, 2022 PACER
	Order on Motion to Withdraw as Attorney	Jan. 18, 2022	Jan. 18, 2022 PACER
61	*FILED IN ERROR*STIPULATION AND ORDER Governing the Production of Documents and ESI by BRYAN C, GRAYSON M, HENRY B, NEVILLE H, TRENT W. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Fed. R. Evid. 502(d) Order)(WOODCOCK, JOHN) Modified on 1/25/2022 to mark filed in error. Will be re-filed as a motion. (slg). (Entered: 01/24/2022)	Jan. 24, 2022	Jan. 24, 2022 PACER
62	NOTICE of Docket Entry Modification regarding 61 Stipulation: Marked filed in error by the Clerk's Office. Counsel to be re-file as a motion. (slg) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
63	Joint MOTION for Order on Joint ESI Protocol and 502(d) Order by BRYAN C, GRAYSON M, HENRY B, NEVILLE H, TRENT W Responses due by 2/15/2022. (Attachments: # 1 Exhibit Joint ESI Protocol, # 2 Exhibit Fed. R. Evid. 502(d) Order)(WOODCOCK, JOHN) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
64	ORDER granting 63 Motion for Order on Joint ESI Protocol and 502(d) Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 PACER
65	STIPULATION AND ORDER Governing the Production of Documents and ESI. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 PACER
66	NOTICE/CORRESPONDENCE Re: Joint Notice of Proposed Mediator by BRYAN C, GRAYSON M, HENRY B, NEVILLE H, TRENT W (WOODCOCK, JOHN) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
67	ORDER Setting Video Settlement Conference for 4/11/2022 at 8:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 4/4/2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 02/09/2022)	Feb. 9, 2022	Feb. 9, 2022 PACER
68	NOTICE of Hearing: Telephone Conference set for 3/17/2022 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022 PACER
69	Unopposed MOTION to Amend 502(d) Order by BRYAN C, GRAYSON M, HENRY B, NEVILLE H, TRENT W Responses due by 3/23/2022. (Attachments: # 1 Proposed Amended 502(d) Order)(WOODCOCK, JOHN) (Entered: 03/02/2022)	March 2, 2022	March 2, 2022 PACER
70	AMENDED ORDER granting 69 Motion to Amend 502(d) Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 03/02/2022)	March 2, 2022	March 2, 2022 PACER
71	Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. (Court Reporter: No court reporter present) (MFS) (Entered: 03/17/2022)	March 17, 2022	March 17, 2022 PACER
	Reset Deadlines: In Camera Settlement Papers due by 4/7/2022. (MFS)	March 17, 2022	March 17, 2022 PACER
72	Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Conference to continue at a later date. (Court Reporter: No court reporter present) (MFS) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
73	NOTICE of Hearing: Continued Video Settlement Conference set for 6/1/2022 at 8:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 04/15/2022)	April 15, 2022	April 15, 2022 PACER
74	(Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by BRYAN C, GRAYSON M, HENRY B, NEVILLE H, TRENT W(WOODCOCK, JOHN) (Entered: 04/29/2022)	April 29, 2022	April 29, 2022 PACER
75	NOTICE of Appearance by LAUREN PRITCHARD on behalf of All Plaintiffs (PRITCHARD, LAUREN) (Entered: 04/29/2022)	April 29, 2022	April 29, 2022 PACER
76	NOTICE of Hearing: Telephone Conference set for 5/13/2022 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 05/03/2022)	May 3, 2022	May 3, 2022 PACER

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Case Details

State / Territory: Maine

Case Type(s):

Child Welfare

Key Dates

Filing Date: Jan. 6, 2021

Closing Date: Nov. 27, 2024

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs are minors, represented by next friends, in the custody of the Maine Department of Health and Human Services who were prescribed psychotropic medications while in foster care

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commissioner of the Maine Department of Health and Human Services, State

Director of the Maine Office of Child and Family Services, State

Defendant Type(s):