Case: Travis D. v. Eastmont Human Services Center

COMPLAINT - 9 Original Summons issued, hn'd to cnsl (GAR) (Entered: 08/26/1996)

RETURN OF SERVICE EXECUTED upon defendant Jennifer Pryor, Supt Mont Develop Center on 8/29/96 (DMZ) Modified on 11/08/1996 (Entered: 09/09/1996)

RETURN OF SERVICE EXECUTED upon defendant Joe Matthews on 8/26/96 (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Peter Blouke on 8/26/96 (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Robert - Anderson on 8/26/96 (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Dan Anderson on 8/26/96 (DMZ) (Entered: 09/25/1996)

MOTION by defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana to dismiss complaint (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Ron Balas, director, Mt Mental Health Nursing Care Center on 9/3/96 (DMZ) Modified on 11/08/1996 (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant State of Montana on 8/26/96 (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Sylvia Hammer, supt Eastmont Human Svc on 8/27/96 (DMZ) Modified on 11/08/1996 (Entered: 09/25/1996)

ATTORNEY APPEARANCE for plaintiff Travis D., Allen K., Virginia L., Isidor S., Kimberly B., Corie B., Tiffany M., Lyle H., Judy M., Alvin W. by Thomas K. Gilhool, Judith A. Gran (DMZ)

RESPONSE by plaintiff to motion to dismiss complaint [7-1] (DMZ) (Entered: 09/25/1996)

RETURN OF SERVICE EXECUTED upon defendant Carl Keener on 9/24/96 (DMZ) (Entered: 10/07/1996)

MOTION by defendant to extend time to file answer (DMZ) (Entered: 10/07/1996)

ORDER by Judge Charles C. Lovell granting motion to extend time to file answer [13-1] defts to have until 10/25/96 (cc: Mt Advocacy, Orr, cCL) (DMZ) (Entered: 10/07/1996)

ANSWER by defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana to [1-1] (DMZ) (Entered: 11/08/1996)

ATTORNEY APPEARANCE for defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana by Cary B. Lund, Russell E. Cater (DMZ)

ORDER by Judge Charles C. Lovell denying as moot defts' motion to dismiss complaint [7-1] (cc: Larose, Gilhool, Lund, Cater, Kradolfer, Orr, CCL, TC) (DMZ) (Entered: 11/08/1996)

ORDER by Judge Charles C. Lovell ; pptc set for 9:30 12/4/96, Hlna - cnsl for parties to file a written ppt stmt by 11/27/96, written prediscovery disclosure stmt by 11/20/96 (cc: all same counsel as order #16 today, Tina, USM, Sec, CCL, TC) (DMZ) Modified on 11/08/1996 (Entered: 11/08/1996)

ATTORNEY APPEARANCE for defendant Eastmont Human Svc, defendant Mont Develop Center, defendant Peter Blouke, defendant Robert - Anderson, defendant Joe Matthews, defendant Dan Anderson, defendant Jennifer Pryor, defendant Sylvia Hammer, defendant Carl Keener, defendant Ron Balas, defendant State of Montana by Kimberly A. Kradolfer (DMZ)

MOTION by plaintiffs to continue Preliminary Pre-Trial Conference w/c/s (GAR) (Entered: 11/18/1996)

ORDER by Judge Charles C. Lovell granting motion to continue Preliminary Pre-Trial Conference [18-1] ; Pretrial conference set for 12/4/96 is vacated and now set for 11:00 2/14/97 . Written preliminary pretrial disclosure statements shall be filed by 11/20/96 and written preliminary pretrial statements by 12/20/96. cc: CCL, Clk, Crt Rpr, USM, Lund, Gilhool, Cater, Orr, Larose (GAR) (Entered: 11/18/1996)

MOTION by defendant to extend time to file prediscovery disclosure stmt (DMZ) (Entered: 11/21/1996)

PREDISCOVERY DISCLOSURE STATEMENT of facts by plaintiff (DMZ) (Entered: 11/21/1996)

ORDER by Judge Charles C. Lovell granting motion to extend time to file prediscovery disclosure stmt [20-1] - defts to have until 11/25/96 to file prediscovery disc stmt, pltfs to file disclosure stmt pursuant to the original schedule or may file it simultaneously w/defts (cc: Cater, Gilhool, Larose, Kradolfer) (DMZ) (Entered: 11/22/1996)

MOTION by plaintiffs for attorney Ira A. Burnim to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

CONSENT OF DESIGNATION AS LOCAL CNSL as to Mot PHV of Burnim (GAR) (Entered: 11/26/1996)

AFFIDAVIT of Ira A. Burnim re [23-1] w/ attachments (GAR) (Entered: 11/26/1996)

MOTION by plaintiffs for attorney Judith A. Gran to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

CONSENT TO DESIGNATION OF LOCAL CNSL of Pltfs as to Mot PHV of Judity A. Gran (GAR) (Entered: 11/26/1996)

AFFIDAVIT of Judith A. Gran re [26-1] w/ attachments (GAR) (Entered: 11/26/1996)

MOTION by plaintiff for attorney Thomas K. Gilhool to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

CONSENT TO DESIGNATION AS LOCAL CNSL of Pltfs as to Mot PHV of Gilhool (GAR) (Entered: 11/26/1996)

AFFIDAVIT of Thomas K. Gilhool re [29-1] w/ attachments (GAR) (Entered: 11/26/1996)

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Ira A. Burnim to appear pro hac vice [23-1] (cc: Burnim, Larose, Gran, Gilhool, Kradolfer, Carter) (GAR) (Entered: 11/26/1996)

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Judith A. Gran to appear pro hac vice [26-1] (cc: Gran, Gilhool, Burnim, Larose, Kradolfer, Cater) (GAR) (Entered: 11/26/1996)

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Thomas K. Gilhool to appear pro hac vice [29-1] (cc: Gran, Gilhool, Burnim, Larose, Cater, Kradolfer) (GAR) (Entered: 11/26/1996)

MOTION by defendant to extend time to file prediscovery disclosure stmt (DMZ) (Entered: 12/02/1996)

REMARK - Docket item #35 was deleted - item was docketed twice - thuse there is no item #35 (DMZ)

ORDER by Judge Charles C. Lovell granting motion to extend time to file prediscovery disclosure stmt [36-1] until 11/26/96 (cc: Kradolfer, Gilhhol, Larose) (DMZ) (Entered: 12/02/1996)

PREDISCOVERY DISCLOSURE STATEMENT of facts by defendant (DMZ) (Entered: 12/02/1996)

FINANCIAL ENTRY Rec'd ck #18507 from MT Advocacy Program in amt of $90.00 as pmt of Adm PHV of Ira Burnim, Judith Gran, and Thomas Gilhool (GAR)

PRELIMINARY PRETRIAL STATEMENT of facts by defendant State of Montana (DMZ) (Entered: 12/30/1996)

PRELIMINARY PRETRIAL STATEMENT of facts by plaintiff (DMZ) (Entered: 12/30/1996)

MOTION by plaintiff for order for determination of class (DMZ) (Entered: 01/13/1997)

MEMORANDUM/BRIEF by plaintiff in support of motion for order for determination of class [41-1] (DMZ) (Entered: 01/13/1997)

AMENDMENT by plaintiff to preliminary pretrial stmt [40-1] (DMZ) (Entered: 01/21/1997)

MOTION by defendant to extend time to file obj to pltfs' mtn to certify class (DMZ) (Entered: 01/21/1997)

ATTACHMENT NO 3 by plaintiff re motion for order for determination of class [41-1] (DMZ) (Entered: 01/21/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to file obj to pltfs' mtn to certify class [44-1] ; Dfts shall have to and including 2/7/97 to file objection to Pltfs' Motion to Certify Class (cc: Gilhool, LaRose, Kradolfer, Cater) (GAR) (Entered: 01/22/1997)

MOTION by defendant State of Montana to extend time to file obj to Mot to Cert Class w/c/s (GAR) (Entered: 02/07/1997)

OBJECTION by plaintiff to motion to extend time to file obj to Mot to Cert Class [47-1] w/c/s (GAR) (Entered: 02/07/1997)

ORDER by Judge Charles C. Lovell ; in-court hearing set for 2:30 2/14/97 instead of 11:00 (cc: Mt Advocacy, Kradolfer, Cater, CCL, TC, USM, Tina) (DMZ) (Entered: 02/11/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to file obj to Mot to Cert Class [47-1] defts to have until 3/7/97 (cc: Kradolfer, Larose, Gilhool) (DMZ) (Entered: 02/11/1997)

RESPONSE by defendants to Request for Extension of Time w/c/s (GAR) (Entered: 02/12/1997)

MOTION by defendant State of Montana to extend time to serve response to 1st Request for Production Nos. 1-101 w/c/s (GAR) (Entered: 02/14/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to serve response to 1st Request for Production Nos. 1-101 [52-1]. Dfts shall have to and including 3/17/97 in which to prepare and serve those responses. cc: Kradolfer, Larose, Gilhool (GAR) (Entered: 02/14/1997)

MINUTES: before Judge Charles C. Lovell C/R: Tina Brilz. PRELIMINARY PRETRIAL CONF. Pr for plf: Andre Larose, Tom K. Gilhool, Alan Freed. Pr for dft. Kim Kradolfer, Katherine Orr, Carry Lund. Crt will enter an order shortening the caption and asks cnsl to adhere to this caption once done. Crt gives proposed discovery schedule. Discovery cutoff-11/20/97; Motions ddline, to include motns in limine and for summary jgmt - 12/11/97; Written discovery, answers by 11/20/97; Status report by 9/18/97; Atty's conf-March, 1998; Pretrial Order to be lodged by 3/23/98; Settlement date 3/16/98. If deft's want to amend answer, to be done by end of February 1997, to be set in the scheduling order. Both sides agree on schedule given. Cnsl are meeting to try to stipulate to facts; if this goes well, may not need to amend answer. Crt urges settlement if possible. Court would consider settlmt conf if desired. There is a settlmt proposal, hopefully to be acted on by end of month. A. Larose reports on status of discovery. May need a motion to compel on certain discovery. If hrg is nec, it could be set. K. Kradolfer responds. Crt won't set trial date or final pretrial conf. til the pretrial order is in. K. Kradolfer says they may ask crt to tour the facilities late in the discovery process. Crt would consider this. Adj. (BAF) (Entered: 02/14/1997)

STENO NOTES of proceedings before Judge Charles C. Lovell ( Court Reporter: Tina Brilz) Hearing date: 2/14/97 Prelim PT Conf status report minutes [54-1] (BAF) (Entered: 02/14/1997)

ORDER by Judge Charles C. Lovell, it having come to the crt's attention that there is some d3viation in the manner the pties are captioning their crt documents, IT IS ORDERED that the pties shall, when using an abbreviated caption for this case, conform their pleadings to reflect that used herein. (cc: Larose, et al, Burnim, Gilhool, Kradolfer,/Orr; Lund/Cater, CCL)( (BAF) (Entered: 02/18/1997)

ORDER by Judge Charles C. Lovell that cnsl to adhere to the following discovery schedule: All discovery to be completed by 11/20/97; All motns, including motns in limine and Motions for summ. jgmt, including partial summary jgmt to be filed by 12/11/97. Briefing in accordance with Local Rule 220-1. All written discovery be served w/i the time provided by appropriate rule or, where applicable, order of court, in order that the responses meet the respective ddlines. All Answers to such written discov to be made by 11/20/97. Cnsl for ea pty to file status rpt by 9/18/97. Plf expert witness disclosure purs to Rule 26, Fed., R.Civ.P. by 9/18/97. Dfts by 10/20/97. Plfs cnsl to convene attys conf during week of 3/9/98 to complete final pretrial order. Final pretrial order in the form prescribed by local rule, signed by cnsl for all pties, to be lodged by 3/23/98. No new pties may be joined or pleadings amended after this date except by lv of crt for good cause shown. This order must be lodged by this date regardless of whether pending motns remain undecided by the crt. A contin of any ddline does not a;utomatically extend any unspecified ddlines. Settlemt date is 3/16/98. FURTHER ORDERED cnsl for dfts having stated their intention to amend their answer, that the amended answer must be filed by 2/28/97. (cc: Larose et al; Burnim, Gilhool; Kradolfer/Orr; Lund/Cater,CCL) (BAF) (Entered: 02/18/1997)

AMENDED ANSWER [15-1] by defendant State of Montana (DMZ) (Entered: 03/03/1997)

OBJECTIONS by defendant State of Montana to request for class certification [41-1] - with blue folder of Mont. Admin. R. 46.8.101 thru 46.8.2055 (DMZ) Modified on 03/10/1997 (Entered: 03/10/1997)

RESPONSE by plaintiff to [59-1] (DMZ) (Entered: 03/25/1997)

MOTION by plaintiffs to compel production of documents w/c/s (GAR) (Entered: 05/02/1997)

BRIEF by plaintiff in support of motion to compel production of documents [61-1] w/c/s, bound vol "Department of Public Health & Human Services Rules" and bound Exhibit "A" (vols placed in expand. folder) (GAR) (Entered: 05/02/1997)

MOTION by defendant State of Montana to extend time to and including 5/21/97 to respond to Mot to Compel w/c/s (GAR) (Entered: 05/02/1997)

OBJECTION by plaintiff to motion to extend time to and including 5/21/97 to respond to Mot to Compel [63-1] w/c/s (GAR) (Entered: 05/02/1997)

MOTION by plaintiffs to file brief exceeding 20 pages w/c/s (GAR) (Entered: 05/02/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to and including 5/21/97 to respond to Mot to Compel [63-1] ; Dfts shall have to and including 5/21/97 to prepare and serve those responses. cc: Lund Kradolfer, Larose, Gilhool, Burnim (GAR) (Entered: 05/02/1997)

ORDER by Judge Charles C. Lovell granting motion to file brief exceeding 20 pages [65-1]. Note: said brief filed 4/7/97, doc. #62. cc: Lund, Kradolfer, Larose, Gilhool, Burnim (GAR) (Entered: 05/02/1997)

MOTION by defendant to extend time to file responses to plaintiffs' second requests for production w/c/s (TLO) (Entered: 05/20/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to file responses to plaintiffs' second requests for production [68-1]. Defendant's have to and including 6/13/97 to respond to second request for production. cc: Smith, Gilhool, Burnim, Cater and Kradolfer (TLO) Modified on 05/20/1997 (Entered: 05/20/1997)

MOTION by defendants to extend time to prepare and serve their response to pltfs mot to compel w/c/s (TLO) (Entered: 05/23/1997)

MOTION (Request) by plaintiff for conference with court w/c/s (TLO) (Entered: 05/28/1997)

ORDER by Judge Charles C. Lovell granting defts' motion to extend time to prepare and serve their response to pltfs to compel [70-1] ; ddl set for 6/20/97 (cc: Cater, Lund, Gilhool, Burnim, Larose, Kradolfer) (DMZ) (Entered: 05/28/1997)

MOTION by defendant State of Montana for leave to file oversized brief w/c/s (TLO) (Entered: 06/17/1997)

ORDER by Judge Charles C. Lovell granting motion for leave to file oversized brief [73-1] (cc: Cater, Lund, Gilhool, Burnim, Larose, Kradolfer) (DMZ) (Entered: 06/24/1997)

RESPONSE by defendant to motion to compel production of documents [61-1] - kept in expando folder (DMZ) (Entered: 06/24/1997)

MOTION by plaintiffs to extend time to submit reply brief w/c/s (GAR) (Entered: 07/02/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to submit reply brief [76-1]. Pltfs shall have an extension of time until 7/3/97 in which to file reply to dft's resp to pltfs' mot to compel. cc: CCL, Laroe, Gilhool, Kradolfer, Cater (GAR) Modified on 07/02/1997 (Entered: 07/02/1997)

REPLY by plaintiff to response to motion to compel production of documents [61-1] (DMZ) (Entered: 07/11/1997)

NOTICE by plaintiff of taking deposition of James Driggers on 6/27/97 at Hlna (DMZ) (Entered: 07/11/1997)

NOTICE by plaintiff of taking deposition of Mike Hanshew on 7/17/97 at Hlna (DMZ) (Entered: 07/11/1997)

SECOND MOTION by plaintiff to compel production of documents (DMZ) (Entered: 07/30/1997)

MEMORANDUM/BRIEF by plaintiff in support of second motion to compel production of documents [81-1] (DMZ) (Entered: 07/30/1997)

MOTION by defendant State of Montana for extension of time to respond to Pltfs' Second Motion to Compel w/c/s (TLO) Modified on 08/18/1997 (Entered: 08/08/1997)

ORDER by Judge Charles C. Lovell granting motion for extension of time to 8/29/97 to respond to Pltfs' Second motion to Compel [83-1] (cc: Larose, Gilhool, Kradolfer, Burnim, Cater, GR) (TLO) Modified on 08/18/1997 (Entered: 08/13/1997)

RESPONSE by defendant to pltfs' 2nd motion to compel production of documents [81-1] - kept in expando (DMZ) (Entered: 09/19/1997)

MOTION by plaintiff to extend time to submit reply brief in resp to defts' resp to pltfs' 2nd mtn to compen (DMZ) (Entered: 09/19/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to submit reply brief in resp to defts' resp to pltfs' 2nd mtn to compel [86-1] ; case management ddl set for 9/23/97 (cc: Burnim, Larose, Cater, Gilhool, Kradolfer) dmz for tlh (DMZ) (Entered: 09/19/1997)

MOTION by plaintiff to extend time to disclose expert witnesses (DMZ) (Entered: 09/19/1997)

STATUS REPORT by plaintiff - pltf requests the crt designate this a complex litigation and consider whether it would be helpful to develop a case mgmt plan, prospects for settlement do not look promising (DMZ) (Entered: 09/19/1997)

STATUS REPORT by defendant - a class certification is pertinent to the disc disputes and a decision by the court will have direct and significant bearing on the scope of disc which is relevant and approp in this matter, a longer extension of the current disc schedule is warranted (DMZ) (Entered: 09/19/1997)

ORDER by Judge Charles C. Lovell granting motion to extend time to disclose expert witnesses [88-1] (cc: Burnim, Larose, Cater, Gilhool, Kradolfer) (DMZ) (Entered: 09/19/1997)

REPLY by plaintiffs to Defts' response to Pltf's Second motion to compel production of documents [81-1] w/c/s (TLO) (Entered: 09/25/1997)

AMENDMENT OF STATUS REPORT by plaintiff - Pltfs amend status report submitted 9/18/97. Parties agree to modify the limitation on the number of depos allowed to be taken under Rule 30, Fed. R. Civ. P. to allow more than ten depos to be taken by the pltfs or by the defts. The parties agree that the number of depos to be taken shall be reasonable and that either party may file an objection if the party believes the number of depos scheduled are unreasonable. The parties agree with the proposed alteration of the discovery schedule to allow expert witness disclosure by pltf by 11/20/97 by defts by 12/19/97 and close of discovery by 2/20/98. w/c/s (TLO) Modified on 10/08/1997 (Entered: 09/25/1997)

AMENDED STATUS REPORT by defendant State of Montana and response to Pltfs' status report. Defts do not anticipate major discovery conflicts and therefore to not see the need for development of special case management methods. Defts will continue to defend this action and will not cause delay in this matter. w/c/s (TLO) Modified on 10/08/1997 (Entered: 10/03/1997)

MOTION by defendant to vacate all or part of disc schedule (DMZ) (Entered: 10/24/1997)

RESPONSE by plaintiff to motion to vacate all or part of disc schedule [95-1] (DMZ) (Entered: 11/03/1997)