Case: Homeward Bound v. Hissom Memorial Center

U.S. Court of Appeals for the Tenth Circuit

Homeward Bound v. Hissom Memorial Center

Homeward Bound v. Hissom Memorial Center

Ed Godfrey

***Sealed Images of Unnumbered Items from Paper File (With attachments) (jln, Dpty Clk) (Main Document 1524 replaced on 8/31/2017 to provide better image. Image as legible as original) (pll, Dpty Clk). (Entered: 03/01/2017)

***Sealed Images of Numbered Items from Paper File (Dkt. Nos. of attached documents: 349, 573, 572, 574, 760, 455, 1759) (With attachments) (jln, Dpty Clk) (Entered: 03/01/2017)

COMPLAINT (Summons(es) issued); (pll, Dpty Clk) (Entered: 02/10/1998)

JUDGMENT: by Senior Judge James O. Ellison terminating case (pll, Dpty Clk) (Entered: 02/10/1998)

REMARK - ALL PREVIOUS ENTRIES ON PAPER DOCKET (pll, Dpty Clk)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock and Bullock for 12/31/97 to 1/31/98 (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/10/1998)

MINUTE ORDER: by Judge Ellison: both sides to file status report w/n 10 days for all pendings mots (cc: all counsel) (pll, Dpty Clk)

STATUS REPORT by Trustee Joseph McCormick and req/funds (Oversized document) (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/10/1998)

STIPULATION re: pltf's 1/6/98 applic/atty fees for $81,645.33 (j2j) (pll, Dpty Clk) Modified on 02/13/1998 (Entered: 02/12/1998)

JUDGMENT: by Senior Judge James O. Ellison, granting motion for attorney fees and costs [813-1] for Bullock and Bullock for $81,645.33 from DHS, OHCA and DRS (cc: all counsel) (pll, Dpty Clk) (Entered: 02/19/1998)

STATUS REPORT of pending mots by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant Department Rehab Svc, see report for details (pll, Dpty Clk) (Entered: 02/23/1998)

MOTION by defendant All Defendants for order for final report and term consent decree (pll, Dpty Clk) (Entered: 02/23/1998)

BRIEF by defendant All Defendants in support of motion for order for final report and term consent decree [818-1], of notice [818-1] (pll, Dpty Clk) (Entered: 02/23/1998)

RESPONSE by plaintiff Homeward Bound, Inc. to [0-0] ct's order of 2/6/98 (pll, Dpty Clk) (Entered: 02/23/1998)

NOTICE by defendant OK Dept of Human Svc of monthly progress report on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 02/26/1998)

STIPULATION re [813-1] 2/6/98 application (o2j) (pll, Dpty Clk) (Entered: 03/03/1998)

ORDER and Judgment by Senior Judge James O. Ellison granting motion for attorney fees and costs [813-1], for Bullock & Bullock for $42,966.76 (cc: all counsel) (pll, Dpty Clk) (Entered: 03/04/1998)

RESPONSE by plaintiff Homeward Bound, Inc. to dfdt's ntc of transition of last class member [818-1] and motion directing the filing of a final rpt and termination of consent decree [818-1] (fe, Dpty Clk) (Entered: 03/12/1998)

EXHIBITS (FILED UNDER SEAL) to Plts's resp to Dfdts' ntc of transition of last class member and mtn directing the filing of a final report and termination of consent decree (C2J) (crp, Dpty Clk) (Entered: 03/20/1998)

ORDER by Senior Judge James O. Ellison that report of Dr. Rubin sealed. Only ct, panel, cnsl for parties, parties and guardian ad litem shall have access to the report (cc: all counsel) (pll, Dpty Clk) (Entered: 03/16/1998)

CERTIFIED COPY of Order from USCA remanding for limited purpose of considering prop stlmnt. 10th retains jurisdiction (cc: JOE) (pll, Dpty Clk) (Entered: 03/17/1998)

NOTICE by defendant Joseph A McCormick of report of trustee and req/funds - oversized document (pll, Dpty Clk) (Entered: 03/19/1998)

MINUTE ORDER: By Judge Ellison: This matter is set for telephone conference for Friday, 10:00 on 3/27/98 at the request of the guardian ad litem to discuss the issue of non-emergency consents for medical and dental care (cc: all counsel) (pll, Dpty Clk)

REPLY by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc re ntc of transition of last class member [818-1], re mo/terminate consent decree and for final report [818-1] (pll, Dpty Clk) (Entered: 03/26/1998)

REMARK - per Lucinda at Health Care Auth, do not need to mail to Pam Hardwick (pll, Dpty Clk)

MINUTES:by Senior Judge James O. Ellison.Phone conf in regard to apptg special Gdn for parties needing non-emergency medical & dental care. Statements made & agreement reached. Parties to prepare O on agreement to procedure & submit in 5 days T Copeland-CR (bjm, Dpty Clk)

MINUTE ORDER: By Judge Ellison: Defendants' Notice of Transition of Last Class Member; Motion for Order Directing Review of Panel to File Final Report; and Motion to Terminate Consent Decree (Docket #818) is set for hearing on Thursday, the 7th day of May, 1998, at 10:00 a.m. (cc: all counsel) (pll, Dpty Clk)

MOTION by plaintiff Homeward Bound, Inc., defendant All Defendants for order approving defts' plans/ assurances and prop stlmnt agrmnt (o2j) (pll, Dpty Clk) (Entered: 04/10/1998)

ORDER by Senior Judge James O. Ellison granting motion for order approving defts' plans/ assurances and prop stlmnt agrmnt [830-1] (cc: all counsel) (pll, Dpty Clk) (Entered: 04/14/1998)

STATUS REPORT of hearing officer re: Timothy Sanders (pll, Dpty Clk) (Entered: 04/14/1998)

ORDER by Senior Judge James O. Ellison that #742 obj to prop budget for ofc/Guardian is granted. budget approved in part; ptys to address all addtl pending matters at hrg 5/7/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 04/16/1998)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock & Bullock for 2/1/98 to 3/31/98 (pll, Dpty Clk) (Entered: 04/22/1998)

MOTION by plaintiff Homeward Bound, Inc. to continue 5/7/98 hrg, and for PT conf/ hearing (o2j) (pll, Dpty Clk) (Entered: 04/22/1998)

ORDER by Senior Judge James O. Ellison granting motion to continue 5/7/98 hrg [835-1], granting motion for PT conf/ hearing [835-2] ; PRETRIAL CONF set for 9:30 5/14/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 04/23/1998)

MINUTE ORDER: By Judge Ellison: IN-COURT HRG set for 10:00 on 5/11/98 in the Court Clerk's Conference Room, Room 333, 224 S Boulder, to discuss Dr. Ruben's report and subsequent reviews. (cc: all counsel) (pll, Dpty Clk)

REPORT OF TRUSTEE and MOTION by defendant Joseph A McCormick for funds (pll, Dpty Clk) (Entered: 04/30/1998)

NOTICE of report of hearing officer re: Carmen Perrymore (pll, Dpty Clk) (Entered: 04/30/1998)

SUPPLEMENTAL NOTICE by plaintiff Homeward Bound, Inc. of noncompliance on case management (c2j) (fe, Dpty Clk) (Entered: 05/04/1998)

PROPOSED Order re guardian ad litem's oral appl to consider need for legal representatives to give consent for medical/dental procedures (fe, Dpty Clk)

ORDER by Senior Judge James O. Ellison re: 3/27/98 hrg on oral applic/legal rep re: consent for non-emergency medical and dental procedures (cc: all counsel) (pll, Dpty Clk) (Entered: 05/06/1998)

RESPONSE by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to motion for attorney fees and costs [834-1] (mail, c/ret) (pll, Dpty Clk) (Entered: 05/07/1998)

NOTICE by plaintiff Homeward Bound, Inc. of non-compliance (pll, Dpty Clk) (Entered: 05/08/1998)

PROPOSED Pre-trial Order Received from defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc (pll, Dpty Clk)

MINUTES: by Senior Judge James O. Ellison Statements made & Dr Robert Brown discusses medical care. Deft co presents"notebook"- care forms, medications, etc placed UNDER SEAL(w/Judge) until further O of Ct. Ct directs Dr Brown to provide parties w/addl info disacussed & everyone to meet after they have reviewed & report back to Court on 7/9/98, 10:00 & be prepared also to discuss opening of reports to public or not. T Copeland-CR (bjm, Dpty Clk) Modified on 05/11/1998

NOTICE by defendant OK Health Care Auth, defendant OK Dept of Human Svc of monthly progress report on health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 05/15/1998)

NOTICE by defendant OK Health Care Auth, defendant OK Dept of Human Svc of amended monthly progress report on health care policy (pll, Dpty Clk) (Entered: 05/15/1998)

MINUTES:by Senior Judge James O. Ellison ; Pretrial conference held.Statements made. Court directs panel to prepare & file final report(approx 90 days). Ea side will have opportunity to attack final report. Pltf req to take depo of A Wilson granted. To be done in 90 days. Parties to prepare agreed PTO re:addressing final legal issues & submit to Ct by 8/3/98. T Copeland-CR (cc: all counsel) (bjm, Dpty Clk)

CERTIFIED COPY of Order from USCA dismissing appeal and remanding to dist ct re: atty fees (cc: JOE) (pll, Dpty Clk) (Entered: 05/18/1998)

RESPONSE by defendant OK Dept of Human Svc to splmntl ntc/ noncompliance on case mgmt [839-1] (mail, c/ret) (pll, Dpty Clk) (Entered: 05/22/1998)

RESPONSE by defendant OK Dept of Human Svc to [842-1] pltfs' ntc of noncompliance (mail, c/ret) (pll, Dpty Clk) (Entered: 05/26/1998)

STIPULATION re [834-1] atty fees motion fld 4/21/98 (pll, Dpty Clk) (Entered: 06/02/1998)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for appeals 97-5035 and 97-5037 (o2j) (pll, Dpty Clk) (Entered: 06/02/1998)

TRANSCRIPT of Pretrial Conf before Senior Judge James O. Ellison for date(s) of: 5/14/98 (C/R T Copeland, 32 pgs) (pll, Dpty Clk)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 (pll, Dpty Clk) (Entered: 06/03/1998)

REPORT Of trustee and MOTION by defendant Joseph A McCormick for funds (c/j w/out exh) - oversized document (pll, Dpty Clk) (Entered: 06/04/1998)

ORDER by Senior Judge James O. Ellison setting hearing on contested motion for attorney fees and costs [834-1] 10:30 6/15/98; uncontested fees of $39,741.92 granted (cc: all counsel) (pll, Dpty Clk) (Entered: 06/04/1998)

MOTION by defendants OK Health Care Auth, OK Dept of Human Svc and Department Rehab Svc to continue hrg on plas' motion for atty fees and costs (o2j) (fe, Dpty Clk) (Entered: 06/12/1998)

ORDER by Senior Judge James O. Ellison granting dfdts' motion to continue hrg on plas' motion for atty fees and costs [853-1]; resetting hearing on motion for attorney fees and costs [834-1] for 10:30 on 8/17/98 (cc: all counsel) (fe, Dpty Clk) (Entered: 06/12/1998)

ORDER AND JUDGMENT: by Senior Judge James O. Ellison granting pla's motion for attorney fees and costs for appeals 97-5035 and 97-5037 [849-1]; court awards firm of Bullock & Bullock uncontested atty fees and expenses in amt of $30,000.00; Dept of HS, OK Health Care Authority and Dept of Rehav Srvcs each jointly and severally liable for $30,000.00 atty fees (cc: all counsel) (fe, Dpty Clk) (Entered: 06/18/1998)

STIPULATION by parties; atty fees/expenses to be awarded to Bullock & Bullock in amt of $30,000.00 [849-1] (fe, Dpty Clk) (Entered: 06/18/1998)

RESPONSE (OBJECTION) by defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1] (mail-cpy rtnd) (crp, Dpty Clk) (Entered: 06/25/1998)

NOTICE (MONTHLY PROGRESS REPORT ON DEVELOPMENT OF HEALTH CARE POLICY FOR CLASSMEMBERS) by defendant OK Dept of Human Svc (mail-cpy rtnd) (crp, Dpty Clk) (Entered: 06/26/1998)

Report of Trustee and MOTION for funds (fe, Dpty Clk) (Entered: 06/29/1998)

MINUTE ORDER: In-court hearing stricken from 7/8/98 as parties have resolved issue. (bjm, Dpty Clk)

BRIEF of Understanding on Plan to Improve Medical Service Delivery to Members of the Class by plaintiff Homeward Bound, Inc., defendant OK Dept of Human Svc, defendant Panel Liaison, defendant Guardian Ad Litem (lmc, Dpty Clk) (Entered: 07/10/1998)

CERTIFICATE of Service by defendant Hissom Memorial Ctr (lmc, Dpty Clk) (Entered: 07/23/1998)

...MOTION by defendant Joseph A McCormick for funds (c2j) (fe, Dpty Clk) (Entered: 07/29/1998)

STIPULATION re [850-1] mo/atty fees fld 6/2/98, stipulated amount $37,834.58. (j2j) (pll, Dpty Clk) (Entered: 08/04/1998)

MOTION by plaintiff Homeward Bound, Inc. and All Defendants to extend ddl to submit proposed pretrial ord (o/j) (sac, Dpty Clk) (Entered: 08/04/1998)

ORDER by Senior Judge James O. Ellison granting motion to extend ddl to submit proposed pretrial ord [864-1] until 20 days after date review panel files final report (cc: mvts counsel) (pll, Dpty Clk) (Entered: 08/05/1998)

ORDER AND JUDGMENT by Senior Judge James O. Ellison regarding motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1]; Crt awards firm of Bullock & Bullock atty fees/expenses in amnt of $37,834.58; DHS, OK Health Care Authority and Dept of Rehabilitation Svcs are jntly and severally liable for pymnt to Pltfs' cnsl, Bullock & Bullock for atty fees/expenses $37,834.58 and jgm in amnt of $37,834.58 (cc: all counsel) (crp, Dpty Clk) (Entered: 08/05/1998)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and for costs for counsel associated w/ Bullock & Bullock (fe, Dpty Clk) (Entered: 08/10/1998)

MINUTE ORDER: The panel is granted an extension of time in which to prepare a Final Report. The Final Report is due on or before September 18, 1998. (JOE-J) (cc: all counsel) (fe, Dpty Clk)

STATUS REPORT by defendant OK Dept of Human Svc (monthly progress report on development of health care policy for classmembers) (mail, c/ret) (pll, Dpty Clk) (Entered: 08/17/1998)

MOTION by plaintiff Homeward Bound, Inc. to continue hrg on atty fees (fe, Dpty Clk) (Entered: 08/17/1998)

ORDER by Senior Judge James O. Ellison granting plas' motion to continue hrg on atty fees [869-1]; setting hearing on for attorney fees and costs [834-1] for 10:00 on 9/17/98 (cc: all counsel) (fe, Dpty Clk) (Entered: 08/17/1998)

MOTION by defendant OK Health Care Auth to continue hrg on atty fees set 9/17/98(o/j) (mail-cpy mld) (sac, Dpty Clk) (Entered: 08/21/1998)

ORDER by Senior Judge James O. Ellison granting motion to continue hrg on atty fees set 9/17/98 [871-1]; hearing on motion for attorney fees and costs [834-1] reset for 10:00 a.m. on 9/29/98 (cc: all counsel) (crp, Dpty Clk) (Entered: 08/24/1998)

RESPONSE (objection) by defendants Department Rehab Svc, OK Health Care Auth and OK Dept of Human Svc to pltfs' motion for attorney fees assoc w/Bullock & Bullock [867-1] (mail-cpy mld) (sac, Dpty Clk) Modified on 08/28/1998 (Entered: 08/28/1998)

REPORT OF TRUSTEE and MOTION by defendant Joseph A McCormick for funds (oversized document) (pll, Dpty Clk) (Entered: 08/31/1998)

STATUS REPORT by defendant OK Dept of Human Svc on development of Health Care Policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 09/02/1998)

STIPULATION re [867-1], re [867-2] mo/atty fees fld 8/7/98 (o2j) (pll, Dpty Clk) (Entered: 09/10/1998)

JUDGMENT: by Senior Judge James O. Ellison, granting jgm for pltfs' cnsl agnst DHS, OHCA, DRS for $28,341.94 on stipulated part of motions and setting hearing on contested parts of motion for attorney fees [867-1] 10:00 9/29/98, setting hearing on motion for costs [867-2] 10:00 9/29/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 09/11/1998)

STATUS REPORT by defendant OK Dept of Human Svc on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 09/25/1998)

MOTION by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Hissom Memorial Ctr, defendant Gatesway Fdn, Inc., defendant Panel Liaison, defendant Guardian Ad Litem, defendant Department Rehab Svc, defendant All Defendants, defendant Joseph A McCormick to set resp to review of final report, and to extend time/file PTO (o2j) (pll, Dpty Clk) (Entered: 09/28/1998)

STIPULATION re mots/atty fees [867-1], re [867-2], re [850-1], re [834-1] (o2j) (pll, Dpty Clk) (Entered: 09/28/1998)

ORDER by Senior Judge James O. Ellison granting motion to set resp to review of final report ddln to 10/17/98 [879-1], granting motion to extend time/file PTO [879-2] pretrial order ddl set for 12/17/98 (cc: all counsel) (pll, Dpty Clk) (Entered: 09/29/1998)

JUDGMENT: by Senior Judge James O. Ellison granting motion for attorney fees [867-1], granting motion for attorney fees and costs for Bullock for 4/1/98 to 5/31/98 [850-1], granting motion for attorney fees and costs [834-1] for total of $11,305.26, hrg 9/29 stricken (cc: all counsel) (pll, Dpty Clk) (Entered: 09/29/1998)

MOTION by plaintiff Homeward Bound, Inc. for attorney fees and costs for Bullock & Bullock (c/j) (pll, Dpty Clk) (Entered: 10/07/1998)

MOTION by defendant Joseph A McCormick for funds and report of trustee (pll, Dpty Clk) (Entered: 10/08/1998)

REPORT of trustee and MOTION by defendant Joseph A McCormick for funds (c/j) (pll, Dpty Clk) (Entered: 10/30/1998)

MOTION by plaintiff Homeward Bound, Inc., defendant All Defendants to change time/resp to final report, and to extend time/submit PTO (o2j) (pll, Dpty Clk) (Entered: 11/03/1998)

STIPULATION re: mo/atty fees fld 10/6/98 (o2j) (pll, Dpty Clk) (Entered: 11/03/1998)

JUDGMENT: by Senior Judge James O. Ellison, granting motion for attorney fees and costs [883-1] for Bullock & Bullock agnst DHS, OHCA and DRS for $50,859.31 (cc: all counsel) (pll, Dpty Clk) (Entered: 11/05/1998)

ORDER by Senior Judge James O. Ellison granting motion to change time/resp to final report until 12/7/98 [886-1] granting motion to extend time/submit PTO until 1/6/99 [886-2] (cc: all counsel) (pll, Dpty Clk) (Entered: 11/05/1998)

MOTION by defendant OK Dept of Human Svc to approve provider Community Access (o2j) (mail, c/ret) (pll, Dpty Clk) (Entered: 11/19/1998)

NOTICE by defendant OK Dept of Human Svc of monthly progress report on development of health care policy for classmembers (mail, c/ret) (pll, Dpty Clk) (Entered: 11/20/1998)

ORDER by Senior Judge James O. Ellison granting motion to approve provider Community Access [890-1] (cc: all counsel) (pll, Dpty Clk) (Entered: 11/23/1998)

MOTION by plaintiff Homeward Bound, Inc., defendant OK Health Care Auth, defendant OK Dept of Human Svc, defendant Department Rehab Svc to change resp to review of final rpt and mo/ext time/submit PTO (o2j) (pll, Dpty Clk) (Entered: 12/03/1998)

ORDER by Senior Judge James O. Ellison granting motion to change resp to review of final rpt until 1/15/99 and mo/ext time/submit PTO [893-1] pretrial order ddl set for 2/16/99 (cc: all counsel) (pll, Dpty Clk) (Entered: 12/03/1998)