Case: Martinez v. Georgia Division of Family and Children Services

1:25-cv-04686 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 19, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] This lawsuit challenges the state of Georgia's policy of charging child support fees to parents whose children were in foster care; although the policy changed in 2024, the changes were not retroactive and left thousands of parents on the hook for fees incurred prior to the policy change. The complaint alleges violations of the Due Process and Equal Protection clauses of the Constitution through infringement on the fundamental right to parent, treating similarly-situated parents differently, failing to consider ability to pay when enforcing the fees, and failing to adjust or end the fee payments for children who age out of foster care or who are adopted and no longer under state care.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71147662/parties/martinez-v-georgia-division-of-family-and-children-services/


Judge(s)

Johnson, Walter E. (Georgia)

Attorney for Plaintiff

Good, Darice M. (Georgia)

McCance, Caroline (Georgia)

Milwit, Lily (Georgia)

Attorney for Defendant

Tangum, Richard (Georgia)

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Documents in the Clearinghouse

Document
1

1:25-cv-04686

Class Action Complaint

Martinez v. Georgia Division of Family and Children et al.

Aug. 19, 2025

Aug. 19, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71147662/martinez-v-georgia-division-of-family-and-children-services/

Last updated Jan. 17, 2026, 4:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand with Request for Preliminary Injunction (Filing fee $405, receipt number AGANDC-14547131) filed by Annalinda Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(djs) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 8/19/2025 (djs). (Entered: 08/19/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Civil Cover Sheet

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Aug. 19, 2025

Aug. 19, 2025

Clearinghouse
2

Electronic Summons Issued as to Georgia Department of Human Services, Georgia Division of Child Support Services, Georgia Division of Family and Children Services. (djs) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

3

Case electronically remanded to Magistrate Court of FultonCounty re 15 Order. Certified copy of remand order sent electronically. Filing status: Submitted. (djs) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

Submission to District Judge

Aug. 19, 2025

Aug. 19, 2025

Submission of 1 Complaintto District Judge Tiffany R. Johnson. (djs)

Aug. 19, 2025

Aug. 19, 2025

4

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Phil Telfeyan. Clerk to follow-up by 9/2/2025. (mh) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

5

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Caroline McCance. Clerk to follow-up by 9/2/2025. (mh) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

6

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Lily Milwit. Clerk to follow-up by 9/2/2025. (mh) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

7

APPLICATION for Admission of phil telfeyan Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14587666).by Annalinda Martinez. (Good, Darice) Documents for this entry are not available for viewing outside the courthouse. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

8

APPLICATION for Admission of caroline mccance Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14588325).by Annalinda Martinez. (Good, Darice) Documents for this entry are not available for viewing outside the courthouse. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

9

APPLICATION for Admission of Lily Milwit Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14588362).by Annalinda Martinez. (Good, Darice) Documents for this entry are not available for viewing outside the courthouse. (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of phil telfeyan Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14587666). Attorney Phil Telfeyan added appearing on behalf of Annalinda Martinez. E-filing access may be requested after an order granting the application is entered. (esr)

Sept. 3, 2025

Sept. 3, 2025

Approval of Application for Admission Pro Hac Vice

Sept. 3, 2025

Sept. 3, 2025

RETURN of 8 APPLICATION for Admission of caroline mccance Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14588325) to attorney for correction. Reason for Return: Applicant must list the highest courts they are admitted. Please correct and resubmit. (esr)

Sept. 3, 2025

Sept. 3, 2025

RETURN of 9 APPLICATION for Admission of Lily Milwit Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14588362) to attorney for correction. Reason for Return: Applicant must list the highest courts they are admitted. Please correct and resubmit. (esr)

Sept. 3, 2025

Sept. 3, 2025

Return of Application for Admission Pro Hac Vice

Sept. 3, 2025

Sept. 3, 2025

ORDER by docket entry only granting 7 Application for Admission Pro Hac Vice for Phil Telfeyan. Approved by Judge Tiffany R. Johnson on 9/4/25. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bmr)

Sept. 4, 2025

Sept. 4, 2025

Order on Application for Admission PHV

Sept. 4, 2025

Sept. 4, 2025

Clerk's Certificate of Mailing re Order on Application for Admission PHV to Phil Telfeyan. (bmr)

Sept. 4, 2025

Sept. 4, 2025

Clerks Certificate of Mailing

Sept. 4, 2025

Sept. 4, 2025

10

APPLICATION for Admission of Caroline Jaques McCance Pro Hac Vice.by Annalinda Martinez. (Good, Darice) Documents for this entry are not available for viewing outside the courthouse. (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

11

APPLICATION for Admission of Lily Milwit Pro Hac Vice.by Annalinda Martinez. (Good, Darice) Documents for this entry are not available for viewing outside the courthouse. (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

RETURN of 10 APPLICATION for Admission of Caroline Jaques McCance Pro Hac Vice to attorney for correction. Reason for Return: Applicant must list the highest courts they are admitted. Please correct and resubmit. (esr)

Sept. 8, 2025

Sept. 8, 2025

RETURN of 11 APPLICATION for Admission of Lily Milwit Pro Hac Vice to attorney for correction. Reason for Return: Applicant must list the highest courts they are admitted. Please correct and resubmit. (esr)

Sept. 8, 2025

Sept. 8, 2025

Return of Application for Admission Pro Hac Vice

Sept. 8, 2025

Sept. 8, 2025

12

MOTION to Dismiss Plaintiffs' Complaint in Lieu of An Answer with Brief In Support by Georgia Department of Human Services, Georgia Division of Child Support Services, Georgia Division of Family and Children Services. (Attachments: # 1 Brief Brief in Support of Defendants' Motion to Dismiss Plaintiff's Complaint in Lieu of An Answer)(Tangum, Richard) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

13

MOTION to Stay Discovery with Brief In Support by Georgia Department of Human Services, Georgia Division of Child Support Services, Georgia Division of Family and Children Services. (Attachments: # 1 Brief Brief in Support of Defendants' Motion to Stay Discovery, # 2 Text of Proposed Order Proposed Order on Motion to Stay Discovery)(Tangum, Richard) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

14

GUIDELINES TO PARTIES AND COUNSEL IN CIVIL CASES PROCEEDING BEFORE THE HONORABLE TIFFANY R. JOHNSON. Within seven (7) days of entry of this Order in your case, you are required to sign and file a Certificate of Compliance in a format consistent with the attached Certificate of Compliance. (bmr) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

15

Request for Leave of Absence for the following date(s): 10/27/25, 10/28/25, 10/29/25, 10/30/25, 10/31/25, by Richard Tangum. (Tangum, Richard) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

Order on Motion to Stay

Oct. 16, 2025

Oct. 16, 2025

ORDER by docket entry only GRANTING 13 Defendant's Motion to Stay Discovery. Pursuant to 14 the Court's Guidelines, "[i]f a defendant files a dispositive motion, including a motion seeking partial disposition of the case, the parties' discovery obligations and obligations under Local Rule 16 are stayed until fourteen (14) days after an order on the motion is entered by the Court." Signed by Judge Tiffany R. Johnson on 10/16/2025. (sal)

Oct. 16, 2025

Oct. 16, 2025

16

CERTIFICATE of Compliance re 14 Order, (Lindeborg, Bailee) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

17

CERTIFICATE of Compliance re 14 Order, (Tangum, Richard) (Entered: 10/17/2025)

Oct. 17, 2025

Oct. 17, 2025

18

CERTIFICATE of Compliance re Order on Motion to Stay, (Telfeyan, Phil) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

19

Return of Service Executed by Annalinda Martinez. All Defendants. (Telfeyan, Phil) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

20

AMENDED COMPLAINT against All Defendants with Jury Demand filed by Annalinda Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Telfeyan, Phil) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 10/23/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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Oct. 23, 2025

Oct. 23, 2025

RECAP
21

CERTIFICATE of Compliance (Good, Darice) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

ORDER by docket entry only DENYING AS MOOT 12 Defendants' Motion to Dismiss Plaintiffs' Complaint in Lieu of an Answer based on Plaintiffs' filing of the 20 Amended Class Action Complaint. Signed by Judge Tiffany R. Johnson on 10/24/2025. (sal)

Oct. 24, 2025

Oct. 24, 2025

Order on Motion to Dismiss

Oct. 24, 2025

Oct. 24, 2025

APPROVAL by Clerks Office Re: 22 APPLICATION for Admission of Caroline McCance Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14752997); 23 APPLICATION for Admission of Lily Milwit Pro Hac Vice (Application fee $ 100, receipt number AGANDC-14753011). Attorney Caroline McCance and Lily Milwit added appearing on behalf of Annalinda Martinez. E-filing access may be requested after an order granting the application is entered. (esr) Modified on 11/5/2025 (mh).

Nov. 5, 2025

Nov. 5, 2025

ORDER by docket entry only granting 23 Application for Admission Pro Hac Vice for Lily Milwit; granting 22 Application for Admission Pro Hac Vice for Caroline McCance. Approved by Judge Tiffany R. Johnson on 11/6/25. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bmr)

Nov. 6, 2025

Nov. 6, 2025

Clerk's Certificate of Mailing re Order on Application for Admission PHV to Caroline McCance and Lily Milwit. (bmr)

Nov. 6, 2025

Nov. 6, 2025

ORDER by docket entry only GRANTING 25 Defendants' Second Motion to Stay Discovery. Pursuant to 14 the Court's Guidelines, "[i]f a defendant files a dispositive motion, including a motion seeking partial disposition of the case, the parties' discovery obligations and obligations under Local Rule 16 are stayed until fourteen (14) days after an order on the motion is entered by the Court." Signed by Judge Tiffany R. Johnson on 11/6/2025. (sal)

Nov. 6, 2025

Nov. 6, 2025

30

Request for Leave of Absence for the following date(s): 12/29/2025, 12/30/2025, 12/31/2025, 1/1/2026, 1/2/2026, by Richard Tangum. (Tangum, Richard) (Entered: 12/09/2025)

Dec. 9, 2025

Dec. 9, 2025

31

Request for Leave of Absence for the following date(s): 12/24/2025, 12/25/2025, 12/26/2025, 12/27/2025, 12/28/2025, 12/29/2025, 12/30/2025, 12/31/2025, 01/01/2025, 01/02/2025, by Bailee Lindeborg. (Lindeborg, Bailee) (Entered: 12/09/2025)

Dec. 9, 2025

Dec. 9, 2025

Submission of 24 MOTION to Dismiss Plaintiff's Amended Complaint in Lieu of an Answer, to District Judge Tiffany R. Johnson. (bmr)

Dec. 15, 2025

Dec. 15, 2025

32

REPLY BRIEF re 26 MOTION for Preliminary Injunction filed by Annalinda Martinez. (Telfeyan, Phil) (Entered: 12/16/2025)

Dec. 16, 2025

Dec. 16, 2025

33

MOTION for Hearing re 24 MOTION to Dismiss Plaintiff's Amended Complaint in Lieu of an Answer, 28 Response in Opposition to Motion, 29 Response (Non-Motion), 32 Reply Brief, 27 Response in Opposition to Motion, 26 MOTION for Preliminary Injunction by Annalinda Martinez. (Attachments: # 1 Exhibit 1, # 2 Affidavit)(Telfeyan, Phil) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

34

Request for Leave of Absence for the following date(s): Jan. 12--14, Feb. 24--26, Mar. 2--13, by Phil Telfeyan. (Telfeyan, Phil) (Entered: 12/19/2025)

Dec. 19, 2025

Dec. 19, 2025

Submission of 26 MOTION for Preliminary Injunction, to District Judge Tiffany R. Johnson. (bmr)

Jan. 5, 2026

Jan. 5, 2026

Submission of 33 MOTION for Hearing re 24 MOTION to Dismiss Plaintiff's Amended Complaint in Lieu of an Answer, 28 Response in Opposition to Motion, 29 Response (Non-Motion), 32 Reply Brief, 27 Response in Opposition to Motion, 26 MOT, to District Judge Tiffany R. Johnson. (bmr)

Jan. 7, 2026

Jan. 7, 2026

Case Details

State / Territory:

Georgia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 19, 2025

Case Ongoing: Yes

Plaintiffs

Attorney Organizations:

Equal Justice Under Law

Case Details

Other Dockets:

Northern District of Georgia 1:25-cv-04686

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None