Case: Nicoletti v. Brown

COMPLAINT (class action); jury demand (Summons(es), magistrate consent form issued) ( 22 pgs) (W,Gloria) (Entered: 09/18/1991)

AMENDED COMPLAINT (class action) by plaintiffs Phillip Nicoletti, Frank Koniecdynski, Wayne Cook, and Wanda Cook [1-1]; adding Martin J Pitts, Jack Eller, Ronald Moots, Dora Lee Metivier, Lois Anne Wesebaum, Mark Allen Liest, Ronald C Boley, Pamela K Matura, Charles M Kennedy, Jerry D Johnson, Paul A Young, Patricia Barry and Paul Offner ( 84 pgs) (summs issd re new dfts) (W,Gloria) (Entered: 09/18/1991)

INTERVENOR'S COMPLAINT by intervenor-plaintiffs Francis Johnson, Lawrence Haas, Jackie Burts, and Lora Mae Davis ( 9 pgs) (W,Gloria) (Entered: 09/18/1991)

2nd AMENDED COMPLAINT (class action) by plaintiffs [48-1], [31-1], [1-1] ( 65 pgs) (W,Gloria) (Entered: 09/18/1991)

ORDER dismissing party Lora Mae Davis . Notice of pla of dism pursu to R 41(a)(10) dism w/o prej all claims against all dfts in this case. (issued on 12/9/87) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/18/1991)

ORDER dismissing dfts Paul A Young, Jerry D Johnson, Charles M Kennedy, Pamela K Matura, Ronald C Boley, and Jeffrey Speiss pur to ntc of plas pur to R 41(a)(1) dism w/o prej their claims against dfts. And dismissing plas Ronald Moots and Martin J Pitts pur to R 41(a) dism w/o prej their claims against all dfts in this case. (issued on 12/9/87) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/18/1991)

AMENDED INTERVENOR'S COMPLAINT by intervenor-plaintiffs Annie Evans, Frank Ball, Charles Penko, and Zell Herbert - class action ( 17 pgs) (W,Gloria) (Entered: 09/19/1991)

ORDER that Peter Andreano, Lynn Tabac, Anthony Cox, Dianne Donnelly, Michael Castano, Pamela J. Burnett, Melvin Hill, and David Pucell be added as pty pltfs re: plas' 2nd amd cmplt; that all allegations contained in all causes of action in plas 2nd amdcomplt on behalf of plas Metivier and Wesebaum, be set forth in length as that of plas Andreano, Tabac, Cox, Donnelly, Castano, Burnett, Hill & Pucell; and that the names Peter Andreano, Lynn Tabac, Anthony Cox, Dianne Donnelly, Michael Castano, Pamela J. Burnett, Melvin Hill & David Purcell be added to plas' 2nd amdcmplt. (issued on 7/11/89) ( 4 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

MINUTES of proceedings before Judge Alvin I. Krenzler ; Court reporter G. Staiduhar ; Settlement conf held. Plas requested lv to file written mot to dism by oral mot; ct grants lv to file mot & resp thereto; ct states partys have until 7/13/90 to file consent decree appointing Anthony Dinuzzo as Sp Master & Susan Arnowski as Sp auditor to ct; if decree is not forthcoming by June 13, ct will issue its own ord to same effect. All ptys stated approval of Mr. Dinuzzo. ( 1 pg) (W,Gloria) (Entered: 09/19/1991)

CONSENT ORDER dissolving the ord re prelim inj & dissolving ord holding plas' mot for contempt in abeyance & granting plas' mot for appt of Sp Master; further ord directing the ODMR/DD dfts to comply with Medicaid ICF/MR standards at BDC and WDC and that prior to the transfer of any resident the ODMR/DD dfts to provide them with a post discharge plan; further ord appointing Anthony DiNuzzo as Sp Master until 6/30/92 or until the time BBC closes or until 6/30/91 if funding unavailable; the ODMR/DD dfts to bear all costs re services of SP Master, etc; further ord setting forth the responsibilities, power & authority of the Sp Master, etc. (issued on 8/8/90) ( 12 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

ORDER re: consent decree & appt of special master; the ct on the record advised all of the ptys that they had until 7/13/90 to enter into a consent decree; this consent decree shall be filed with the ct on or before 7/13/90; the ct hereby appoints Anthony DiNuzzo as Sp Master & will issue separate ord of reference. If ptys do not enter consent decree approved by the ct, the court will enter its own ord setting forth the work to be done by the Sp Master; ct also appts Susan Arnoczky Ph D, as a special advisor to the ct in re the certification of Broadview & other issues relevant to this case. (issued on 9/21/90) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

ORDER of 3/15/91 vacating the 3/1/91 ord of ref is amd nunc pro tunc to read: pursu to this ct's ord of ref of 3/1/91, two reqs of the Sp Master in the above-captioned case were ref to US Mag Judge Jack B Streepy for an evidentiary hrg & a R&R decision. The hrg date was set for Sun, 3/3/91. Prior to the hrg, ptys notified Mag Judge Streepy that they had resolved the two reqs & did not require a hrg. Specifically, the ptys agree that the dfts would withdraw their objs to the ct's 1/25/91 ord & would augument the Sp Master's budget by $30,000 through the fiscal yr expiring 6/30/91. This ct agrees that a hrg & rpt are no longer required & accordingly vacates its ord of ref to the Mag Judge issd 3/1/91, & orders the dfts to augument the Sp Master's FY 1991 budget by $30,000. (issued on 8/5/91) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 09/19/1991)

ORDER finding Sp Master's req for addl funds is reasonable & necessary for the Sp Master to perform his duties. The court orders that the Sp Master's budget for the fiscal yr ending 6/30/92, shall be augmented by $36,000, for a total of $148,500 for the fiscal year. The Sp Master's annual budget for all subsequent fiscal yrs shall be $150,000.00 (issued on 12/30/91) ( 2 pgs) Judge Alvin I. Krenzler (W,Gloria) (Entered: 12/30/1991)

ORDER: Court finds Special Master's request for additional funds is reasonable and necessary; therefore, Special Master's budget for the fiscal year ending 6/30/92 shall be augmented by $25,000.00 (issued on 5/26/92) ( 2 pgs) Judge Alvin I. Krenzler (E,E) (Entered: 05/27/1992)

MOTION by pltfs to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. ( 9 pgs & exh) (M,J A A) (Entered: 06/23/1992)

RESPONSE by Jerome Manuel, Ronald Boley and Ronald I Ostroff to pltfs' motion to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. [222- 1] ( 2 pgs) (B,BA A) (Entered: 07/02/1992)

ORDER: Granting pltf's mot to extend term of Special Master to December 31,1992. Defts shall continue to bear all reasonable & necessary costs for the duties & services of the Special Master, unless the defts are unable to secure funding for any budget req of the Special Master, despite their good faith effort to secure such funding. In the event that defts are unable to secure funding for any budget req of the Special Master, the term of the Special Master shall expire 6/30/92. (issued on 7/1/92) ( 2 pgs) Judge Alvin I. Krenzler (B,BA A) (Entered: 07/02/1992)

MARGINAL ENTRY ORDER: granting motion to extend the term of the Special Master past 6/30/92, so as to continue the term until Broadview Developmental Center closes. [222-1] (issued on 7/1/92) Judge Alvin I. Krenzler (B,BA A) (Entered: 07/02/1992)

LETTER from special master to court re: approving layoffs at Broadview Developmental Center. ( 1 pg) (Copy) (B,BA A) (Entered: 08/17/1992)

LETTER (Copy) from special master to Ronald Ostroff re: Broadview's layoff plan. ( 1 pg) (B,BA A) (Entered: 08/31/1992)

MOTION by pltfs to extend the term of the special master until 3/31/93 to allow him to close his files & issue all final reports on this matter ( 3+attach pgs) (B,BA A) (Entered: 02/03/1993)

MOTION by defts for order dissolving & terminating Consent Order entered on 8/8/90 , and to dismiss case ( 13+attach pgs) (B,BA A) (Entered: 02/10/1993)

NOTICE by pltfs of withdrawal of motion to extend the term of Special Master. ( 2 pgs) (B,BA A) (Entered: 02/11/1993)

MOTION by intervenor-plaintiffs for ext of time, utnil 3/16/93 to file memo contra dfts' mot to dissolve and term consent order and for final order of dism ( 3 pgs) (S,R) (Entered: 02/26/1993)

MEMORANDUM by pltfs in opposition to defts' motion for order dissolving & terminating Consent Order entered on 8/8/90 [228-1], to motion to dismiss case [228-2] ( 10+attach (B,BA A) (Entered: 03/01/1993)

MOTION (Ltr request) to extend the term of Special Master filed by Anthony DiNuzzo. (1 pg) (B,BA A) (Entered: 03/09/1993)

MEMORANDUM by pltf-intervenors in opposition to defts' motions for order dissolving & terminating Consent Order entered on 8/8/90 [228-1] & to dismiss case ( 18 pgs) (B,BA A) (Entered: 03/16/1993)

MARGINAL ENTRY ORDER: granting motion for ext of time, until 3/16/93 to file memo contra dfts' mot to dissolve and term consent order and for final order of dism [230-1] (issued on 3/19/93) Judge Thomas D. Lambros (K,V) (Entered: 03/22/1993)

MOTION by defts to extend time to 4/16/93 to reply to pltfs' memo in opp to defts' motion to dissolve & terminate the consent order and for final entry of dismissal ( 4 pgs) (B,BA A) (Entered: 04/07/1993)

MOTION by defts for leave to file instanter their reply to response to their mot to dissolve & terminate cosent order (Reply attached) ( 3+attach pgs) (B,BA A) (Entered: 04/20/1993)

MOTION by pltfs for leave to file response to defts' memo in rply to pltfs' memo opp defts' motion to dissolve & terminate Consent Order (Response attached) ( 2+attach pgs) (B,BA A) (Entered: 05/06/1993)

MARGINAL ENTRY ORDER: granting defts' motion to extend time to 4/16/93 to reply to pltfs' memo in opp to defts' motion to dissolve & terminate the consent order and for final entry of dismissal [234-1] (issued on 5/6/93) Judge Thomas D. Lambros (B,BA A) (Entered: 05/07/1993)

ORDER: Case referred to Mag. Judge Patricia A. Hemann (issued on 5/12/93) (1 pg) Judge Thomas D. Lambros (B,BA A) (Entered: 05/12/1993)

MINUTES of proceedings before Mag. Judge Patricia A. Hemann ; ptys to consider stipulated dism w/o prej & will file resp to req of Sp Master for payt of costs. ( 1 pg) (W,Gloria) (Entered: 08/24/1993)

MEMORANDUM by defts in opposition to letter of Special Master ( 6 pgs) (B,BA A) (Entered: 08/25/1993)

MEMORANDUM IN REPLY by defendant re [233-1] to plas' & pla'intervenors' memoranda opposing dfts' mot to dissolve & terminate consent order & for final entry of dism. ( 3 pgs) (W,Gloria) (Entered: 09/20/1993)

RESPONSE by plaintiff to memorandum in reply [240-1] of defts' to plas' memorandum opposing dfts' mot to dissolve & terminate consent ord. ( 4 pgs) (W,Gloria) (Entered: 09/20/1993)

MARGINAL ENTRY ORDER granting plas' motion for leave to file response to defts' memo in rply to pltfs' memo opp defts' motion to dissolve & terminate Consent Order [236-1] on 9/20/93) Mag. Judge Patricia A. Hemann (W,Gloria) (Entered: 09/20/1993)

ORDER: Cleve Developmental Ctr & the Broadview Developmental Ctr are closed; Warensville Developmental Ctr is & since Oct. of 1988, has been certified under the Medicaid program as an Intermediate Care Facility for the Mentally Retarded; the Consent Order of 8/8/90 is dissolved & terminated; and, this action is dismissed w/o prejudice at the defts' costs. dismissing case (issued on 10/13/93) ( 2 pgs) Judge Thomas D. Lambros (B,BA A) (Entered: 10/13/1993)

REPORT AND RECOMMENDATION , Accordingly, the undersigned recommends that the Special Master's motion for extention so that out-of- pocket expenses and personal service costs incurred by him betw 1/1/93 & 2/15/93 may be reimbursed be DENIED. (issued on 10/15/93) ( 2 pgs) Mag. Judge Patricia A. Hemann (L (Entered: 10/15/1993)

ORDER that the case referral order is hereby term, and this case is retn to the referring judge. (issued on 10/15/93) ( 1 pg) Mag. Judge Patricia A. Hemann (L (Entered: 10/15/1993)

ORDER: Referring all post-judgment matters to the docket of Judge Wells. (issued on 2/22/94) (1 pg) Judge Thomas D. Lambros (B,BA A) (Entered: 03/01/1994)