Thomas S. v. Britt

Thomas S. v. Morrow

601 F.Supp. 1055

Thomas S. v. Morrow

U. S. Court of Appeals for the Fourth Circuit

781 F.2d 367

Kirk v. Thomas S.

Supreme Court of the United States

476 U.S. 1124, 90 L.Ed.2d 673

699 F.Supp. 1178

U. S. Court of Appeals for the Fourth Circuit

902 F.2d 250

Flaherty v. Thomas S.

Supreme Court of the United States

498 U.S. 951, 111 S.Ct. 373, 112 L.Ed.2d 335

U. S. Court of Appeals for the Fourth Circuit

998 F.2d 1010, 1993 WL 264697

CASE reassigned to Judge Richard L. Voorhees per instructions from TJM, Clerk (former emp) Modified on 09/10/1993

Case file beginning with pleading #348 sent to Asheville Clerk's office (jhg)

Received file beginning with pleading #348 in Asheville Clerk's office. (jhg)

Case file sent to Judge Voorhees' office (jhg)

Special Master's Final Decision of THOMAS S. class member R.P.: 275382 Placement Timetable (Case # 93-T-2) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Special Master's Final Decision of THOMAS S. class member D.A.: 450893 Placement Timetable (Case # 93-T-3) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Special Master's Final Decision of THOMAS S. class member D.W.: 402562 Placement Timetable (Case # 93-T-5) (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Focus Class/Evaluation Alternative Test Agreement (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Special Master's Report and Recommendation re: Identification of Class Members (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Response by plaintiffs' SECOND RESPONSE to The Master's Report and Recommendation for Judical Action IN RE: C.R. and R.G. (ejb) Modified on 12/13/1993 (Entered: 09/28/1993)

Special Master's Final Decision of Thomas S. class member O.S.: 023733 Placement Timtetable (Case #93-T-6) (jhg) Modified on 12/13/1993 (Entered: 10/05/1993)

Special Master's Order extending placement date for Thomas S. class member D.M.: 041101 Case No. 93-T-1. Copy returned to Speical Master. (jhg) Modified on 12/13/1993 (Entered: 10/06/1993)

Special Master's Final Decision of Thomas s. class membership of T.E.H.: 380242 (Case #92-C-2) (jhg) Modified on 12/13/1993 (Entered: 10/26/1993)

MOTION by David H. Flaherty to modify order appointing independent evaluation coordinator (jhg) Modified on 12/13/1993 (Entered: 11/02/1993)

Special Master's Amended ORDER in the matter of Placement Timetable for D.A. 450893, Case No. 93-T-3 (jhg) Modified on 12/13/1993 (Entered: 11/02/1993)

Special Master's Modified Order, Placement Schedule for D.W.: 402562, Case No. 93-T-5 (jhg) Modified on 12/13/1993 (Entered: 11/17/1993)

RESPONSE by Improvement Concept to [374-1] motion to modify order appointing independent evaluation coordinator by David H. Flaherty 11/8/93 (former emp) Modified on 12/13/1993 (Entered: 11/15/1993)

Special Master's Supplemental Order, Independent Evaluator Contract for FY 93-94, Case No. 93-A-4 (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

Special Master's Final Decision; Placement Timetaable For S.G.: 277869, Case No. 93-T-4 (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

RESPONSE by Thomas S. in opposition to [374-1] motion to rescind order appointing independent evaluation coordinator as independent evaluator by David H. Flaherty (jhg) Modified on 12/13/1993 (Entered: 11/19/1993)

Special Master's Further Modified Order In the Matter of: Placement Schedule For D.W.: 402562, Case No. 93-T-5 (jhg) Modified on 12/13/1993 (Entered: 11/23/1993)

Special Master's Final Decision, Placement Timetable For G.H.:285740, Case No. 93-T-14 (jhg) Modified on 12/13/1993 (Entered: 11/30/1993)

Special Master's Final Decision, Placement Timetable For: J.M.: 021611, Case No. 93-T-8. (jhg) Modified on 12/13/1993 (Entered: 12/06/1993)

Copy of Attorney General's file on plaintiff's challenge to independent evaluation (jhg) Modified on 12/13/1993 (Entered: 12/07/1993)

Special Master's Final Decision, Placement Timetable for: E.M.: 048779, Case No. 93-T-7 (jhg) Modified on 12/13/1993 (Entered: 12/10/1993)

Special Master's Final Decision, Placement Timetable For: K.B.: 040912, Cases No. 92-E-177 and 93-T-9 (jhg) (Entered: 12/14/1993)

Special Master's remark concerning previous pleading filed on December 2, 1993. (jhg) (Entered: 12/16/1993)

ORDER that the deft. shall ensure that a program of minimally adequate treatment is made available to pltf. class member R.G.: 120226 in accordance with her approved service plan (Ex. 7 to the Special Master's report and recommendation) within 30 days of the date of this order and that the said R. G. is provided with a safe and secure living environment until such time as a minimally adequate treatment program is made available. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

ORDER that the deft. provide pltf. class member C.R.: 344404 with a program of minimally adequate treatment outside of Broughton Hospital within 60 days of this order, subject to timely objection, if any, by C.R.'s legal guardian pursuant to the Amended Order of Reference. The 60 day period for compliance with this order shall be stayed during the pendency of any such objection and shall resume thereafter unless the objection is upheld or unless the proposed program for C.R. is substantially altered as a result of such objection, in which case a new compliance period shall be established by the Special Master. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

ORDER denying [374-1] motion to modify order appointing independent evaluation coordinator. Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) Modified on 12/28/1993 (Entered: 12/28/1993)

ORDER on request for modification in case no. 93-T-6 entered by the Special Master Michael S. Lottman (pdf) (Entered: 12/28/1993)

ORDER on proposed agreement (see order in file for complete details). Copies mailed to attys. of record. ( signed by Judge Richard L. Voorhees ) (pdf) (Entered: 12/28/1993)

Hearing set on any objections to the proposed focus class agreement and on whether the agreement should be finally approved will be held at 10:00 on Friday, February 4, 1994 in the Main Courtroom. (pdf)

ORDER that the Clerk of Court file as the original the copy fo the final Order, signed by the Special Master on November 1, 1993. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 01/12/1994)

SPECIAL MASTER'S FINAL ORDER In the Matter of: INDEPENDENT EVALUATOR CONTRACT FOR FY 93-94; Case No. 93-A-4 (jhg) (Entered: 01/12/1994)

ORDER that the Special Master's Final Decision in the matter of D.H.:265885, case no. 92-E-165, in hereby APPROVED and ADOPTED, and Defendant is hereby ORDERED to proceed with the program recommended by the Special Master. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 01/12/1994)

Special Master's Letter RE: Report and Recommendation for Judicial Action -- Contract for Independent Evaluator (jhg) (Entered: 01/13/1994)

Special Master's Final Decision; Placement Timetable For: R.F.: 451924; Cases No. 92-E-58 and 93-T-17 (jhg) (Entered: 01/13/1994)

Special Master's Final Decision Placement Timetable For: W.G.: 323204; case numbers 92-E-94 and 93-T-15 (pdf) (Entered: 01/25/1994)

Final Decision of the Special Master in Placement Timetable For: C.C.: 029021 Cases No. 92-E-166 and 93-T-16 (pdf) (Entered: 01/25/1994)

Special Master's Decision on motions to amend and requests to supplement the record In The Matter of: Class Member Status of S.B.:122165, E.A.: 134779, T.H.: 278921, E.G.: 131128, et al. cases numbered 94-c-16, 94-c-17, 94-c-20, 94-c-23, et al. (pdf) (Entered: 01/25/1994)

Special Master's Interim Order In the Matter of: Independent Evaluator Contract For FY 93-94, Case No. 93-A-4 (pdf) (Entered: 01/25/1994)

Special Master's Second Interim Order In the Matter of: Independent Evaluator Contract for FY 93-94, Case no. 93-A-4 (pdf) (Entered: 01/25/1994)

Special Master's Order on Request for Modification - In the Matter of Placement Schedule For G.H.: 285740, Case No. 93-T-14 (jhg) (Entered: 01/26/1994)

RESPONSE by David H. Flaherty in opposition to the Special Master's report and recomendation for judicial action -- contract for independent evaluation (pdf) (Entered: 01/27/1994)

NOTICE of Appearance by Joyce L. Davis and Elizabeth T. Dierdorf (jhg) (Entered: 02/07/1994)

Special Master's letter to Judge Voorhees concerning financial statement (jhg) (Entered: 02/07/1994)

Special Master's ORDER of Dismissal In the Matter of: Class Membership of T.A.: 395251, C.M.: 282984, J.C.: 020314, and D.R.: 152087; Cases No. 93-C-7, 93-C-20, 94-C-19, and 94-C-56 (jhg) (Entered: 02/07/1994)

RESPONSE to Deft.'s Objections to the Special Master's Report and Recommendation for Judicial Action -- Contract for Independent Evaluation w/supporting EXHIBITS, Vol. I & Vo. II, by interested party Improvement Concept (ejb) Modified on 02/07/1994 (Entered: 02/04/1994)

Minute entry: Case called for hearing before Judge Voorhees on objections to the proposed focus class agreement and on whether the agreement should be finally approved - with no objections the order will be signed by the court. (pdf)

AFFIDAVIT of Michael Moseley (pdf) Modified on 02/07/1994 (Entered: 02/04/1994)

ORDER APPROVING FOCUS CLASS/EVALUATION ALTERNATIVE TEST AGREEMENT ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 02/09/1994)

Special Master's ORDER on extension of time in the matter of multiple cases (see order for case numbers) (jhg) (Entered: 02/09/1994)

Special Master's ORDER of Dismissal In the Matter of : Class Membership of L.W.: 333266, Case No. 94-C-40 (jhg) (Entered: 02/16/1994)

MOTION by David H. Flaherty to Strike [408-1] response to defendant's objection to special master's report and recommendation for Judicial Action-Contract for Independent Evaluation by Improvement Concept (jhg) (Entered: 02/16/1994)

Special Master's Final Decision In the Matter of: Independent Evaluation of T.S.: 398510, Case No. 93-E-1 (jhg) (Entered: 02/23/1994)

Special Master's ORDER on Disclosure of Information In the Matter of: Class Member Identification Disputes, Cases No. 93-C-1 et al. (jhg) (Entered: 02/23/1994)

Special Master's ORDER on Request for Modification In the Matter of: Placement Schedule For S.G. 277869, Case No. 93-T-4 (jhg) (Entered: 02/23/1994)

NOTICE of Appearance by Diane Martin Pomper for defendant, C. Robin Britt (jhg) (Entered: 02/23/1994)

MOTION by C. Robin Britt for relief from December 20, 1993, Order (jhg) (Entered: 02/23/1994)

MOTION by Thomas S. for contempt or other appropriate relief (jhg) (Entered: 03/01/1994)

RESPONSE by C. Robin Britt in opposition to the Master's Final Decision (Sp. Master File No. 93-E-1) (jhg) (Entered: 03/07/1994)

RESPONSE by C. Robin Britt to [419-1] motion for contempt or other appropriate relief by Thomas S. (jhg) (Entered: 03/16/1994)

ORDER that ICI's request for attorney fees is hereby DENIED. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 03/16/1994)

Response by plaintiff Thomas S. to defendant's objections to the master's final decision (SP. Master File No. 93-E-1-TS) that TS is a confirmed Class Member (jhg) (Entered: 03/17/1994)

Special Master's Decision on Request for Modification In the Matter of: Placement for C.C.: 029021 Cases No. 92-E-166 and 93-T-16 (jhg) (Entered: 03/22/1994)

Special Master's ORDER of Dismissal In the Matter of Class Member Status of A.H.: 362428, J.D.: 030496, E.L.: 392828, N.S.: 165987, Cases sNo. 93-C-15, 93-C-17, 94-C-34, 94-C-45 (jhg) (Entered: 03/22/1994)

Special Master's letter to Clerk, U.S. District Court Re: Independent evaluation of prospective plaintiff class member T.S.: 398510, Case No. 93-E-1. (jhg) (Entered: 03/22/1994)

Special Master's letter to Clerk, U.S. District Court Re; placement schedule for plaintiff class member R.P.: 275382, case no. 93-T-2. (jhg) (Entered: 03/23/1994)

Special Master's ORDER on extension of time for submission of evidence and agruments in individual cases to April 1, 1994. (jhg) (Entered: 03/23/1994)

Special Master's NOTICE of Hearing: In the Matter of Objection to Placement of C.R.: 334404, Case No. 94-0-1. (jhg) Modified on 03/24/1994 (Entered: 03/24/1994)

Special Master's ORDER on extension of time to respond to defendant's notices of dispute in the matters listed on the order to April 29, 1994. (jhg) (Entered: 03/24/1994)

TRANSCRIPT filed for dates of 2/25/1994 (jhg)

ORDER that Defendants' Objections are hereby DENIED, and the Master's Final Decision of February 16, 1994, is hereby AFFIRMED. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 03/28/1994)

ORDER Requiring Mediation (Special Master) (jhg) (Entered: 03/29/1994)

ORDER that defendant's challenge to the prospective class member status of E.L.: 374583 is hereby upheld, and the said E.L. shall not be considered or listed as a propsective member of the plaintiff class. (Special Master) Judgment Volume: LV Page: 125 (jhg) (Entered: 03/29/1994)

MOTION by Improvement Concept to accept timely filing of reconsideration motion, affidavit (jhg) (Entered: 03/31/1994)

MOTION by Improvement Concept for Reconsideration of (attorneys' fees and affidavit) [422-1] order of March 11, 1994 (jhg) (Entered: 03/31/1994)

MOTION by Thomas S. for modification of order concerning TS: 398510 (jhg) (Entered: 03/31/1994)

AFFIDAVIT of Joyce L. Davis (jhg) (Entered: 03/31/1994)

Substituted CERTIFICATE OF SERVICE by Improvement Concept of (1) ICI's motion to accept timely filing of reconsideration motoin (2) affidavit and (3) motion to accept timely filing of reconsideration motion, affidavit (jhg) (Entered: 04/05/1994)

Special Master's Final Decision of the Placement Timetable For: R.B.: 334123, Case No. 93-T-10 (jhg) (Entered: 04/05/1994)

Special Master's Final Decision, Placement Timetable for R.S.: 319168, Case No. 93-T-11 (jhg) (Entered: 04/06/1994)

Response by defendant Secretary of the N. C. Dept. of Human Resources C. Robin Britt to ICI's motion for reconsideration of the 3/11/94 order re. ICI's Attorneys' Fees (pdf) (Entered: 04/13/1994)

Special Master's Final Decision In the Matter of: Identification of Unknown Prospective Class Members, Case No. 94-C-58 (jhg) (Entered: 04/13/1994)

ORDER granting [436-1] motion for modification of order concerning TS: 398510 and that this Court's Order of March 24, 1994, is hereby MODIFIED as set forth in Plaintiffs' motion. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 04/20/1994)

ORDER denying ICI's [435-1] motion for Reconsideration of (attorneys' fees and affidavit) [422-1] order of March 11, 1994 ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 04/20/1994)

Special Mater's ORDER on Extension of Time for plaintiffs to submit evidence and arguments in support of prospective class member status for individuals covered by this dispute is extended to July 1, 1994. (jhg) (Entered: 04/21/1994)

Special Master's ORDER on extension of time to file pleadings (see order for complete details) (jhg) (Entered: 04/22/1994)

RESPONSE by C. Robin Britt in opposition to Final Decision (94-C-58) In the Matter of: Identification of unknown Prospective Class Members (jhg) (Entered: 04/25/1994)

Special Master's Amended Final Decision In the Matter of: Placement Schedule For R.B.: 334123, Case No. 93-T-10 (jhg) (Entered: 04/25/1994)

Special Master's ORDER on extension of time to April 22, 1994, for plaintiffs to respond to defendant's notice of dispute. (jhg) (Entered: 04/25/1994)

Special Master's Interim Decision In the Matter of: Objection to Placement of C.R.: 334404 Case No. 94-O-1. (jhg) (Entered: 04/29/1994)

Special Master's letter with attached record of dispute involving the time by which the names of possible class members must be submitted under paragraph III (B)(2) of the focus class agreement. (jhg) (Entered: 04/29/1994)

Special Master's letter to the U.S. District Court with attached financial statement. (jhg) (Entered: 05/04/1994)

Special Master's Final Decision Placement Timetable For: K.T.: 283598, Case No. 94-T-3 (jhg) (Entered: 05/04/1994)

Special Master's ORDER on motions for access to records In the Matter of: Class Member Identification Disputes, Case No. 93-C-1, et al. (jhg) (Entered: 05/04/1994)

MEMORANDUM by Thomas S. in support of [419-1] motion for contempt or other appropriate relief by Thomas S. (jhg) (Entered: 05/05/1994)

ORDER that a hearing is hereby scheduled for 11:00 a.m., Monday, May 9, 1994, at the U.S. Courthouse in Winston-Salem, North Carolina, at which time the Defendants are directed to show cause why they should not be held in contempt of court in connection with Plaintiffs' motion herein., and set Show Cause Hearing for 11:00 5/9/94 ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record and faxed to Rober Manus and Diane Pomper. (jhg) (Entered: 05/05/1994)

ORDER that the Master's Final Decision of April 8, 1994, is hereby AFFIRMED in its entirety, and that the Defendant is hereby directed to comply with said Final Decision as stated without further delay. ( signed by Judge Richard L. Voorhees ) Copies mailed to attorneys of record. (jhg) (Entered: 05/10/1994)