Case: U.S. v. Oregon

No Court

No Court

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Pltf-Intervenors MOTION to file docs under seal (former employee) (Entered: 01/27/1989)

RECORD OF HRG:Pltf-Intervenors & defts may file suppl memo & briefs re: Handling of pend motions by 1/31/89. Thereafter, Court will iss procedural ord on all pend mots. ORD: transcript of proceedings filed pursuant to proto announced by court at this conf. ORD: granting motion to file docs under seal [253-1] Rpts of H.D. Bud Fredericks, Garald Provencal & Rbot. L. Carl, Jr, Ph.D are filed U/Seal. ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 01/27/1989)

Pltfs Intervenors' expert witness report (Robert L. Carl, Jr., PH.D (former employee) (Entered: 01/27/1989)

Pltfs intervenors' expert witness rpt (Gerald Provencal) (former employee) (Entered: 01/27/1989)

Pltfs Intervenors' expert witness rpt (H.D. Bud Fredericks) (former employee) (Entered: 01/27/1989)

Supplemental authority in support of mot to partially dismiss Intervenors' complnt by defendants (former employee) (Entered: 01/30/1989)

Motion & ORDER to file memo under seal & for protective order of OR defts: Defts memo re pend mots file under seal & Parties keep confid such memo & its contents. ntfd Signed 1/30/89 microfilmed 2/3/89 Honorabl Helen J. Frye (former employee) (Entered: 02/03/1989)

Defts' (OR State) Memo re pending mots & entry of consent decree (sealed) (former employee) (Entered: 02/03/1989)

JOINT MOTION by plaintiff United States of America to enter consent decree as an order of the court (dn) (Entered: 02/23/1989)

RECORD OF HRG: Court's protective order re: settlement status is lifted to the extent that parties may announce that the USA & State of OR have signed & filed a proposed consent decree together w/mot for approval by the court. (pr;pr:pr) Honorable Malcolm F. Marsh (former employee) (Entered: 02/24/1989)

RECORD OF ORD: Pltf-Intervenors shall file any objs to the proposed consent decree by THU, 3/9/89, noon. (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 02/27/1989)

RECORD OF ORD: ; setting status hrg for WED 10:00 3/1/89 (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 02/28/1989)

RECORD OF HRG: Intervenors file renewed mot for class cert by 3/13/89. OR respond by 3/20/89. US & OR file responses to interven's objs to proposed consent decree by 3/17/89. Interven's file rply by 3/24/89. Interven's mot for rulings #243 & Mot for cont #241 DENIED as MOOT. Tentatively ; setting in court hrg on consent decree for 9:30 4/7/89 (ntfd c/d) Honorable Malcolm F. Marsh (former employee) (Entered: 03/03/1989)

Opinion (ntfd c/d) Signed 3/3/89 microfilmed 3/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 03/06/1989)

ORDER Defts' mot to dismiss #208 granted in part & denied in part. grant as to count 1 & denied as to count II, denied as to count III, granted as to count IV & granted as to count VII (see order) (ntfd c/d) Signed 3/3/89 microfilmed 3/6/89 Honorable Malcol F. Marsh (former employee) (Entered: 03/06/1989)

Notice rquired by Federal Regulation (former employee) (Entered: 03/08/1989)

Objections by plaintiff /Intervenors' to joint mot to enter consent decree as an order of the ct (placed under seal pursuant to the court's previous order) (former employee) Modified on 03/13/1989 (Entered: 03/10/1989)

RECORD OF ORD: striking hrg on consent decree 4/7/89 & ; setting in court hrg for 9:30 4/6/89, ORD: defts' oral mot to place under seal pltf-intervens' objs to joint mot to enter consent decree etc #269 granted. Objs #269 sealed per ct's previous order ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/13/1989)

Affidavit of Robert L. Carl, Jr. Ph.D. (former employee) (Entered: 03/13/1989)

RECORD OF ORD: ; setting status hrg for TUE 2:30 3/14/89 crtrm #11, any out of state cnsl wishing to participate by phone may do so please advise court priort to time for hrg ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/13/1989)

RECORD OF HRG: formal order to follow, ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/16/1989)

ORDER Pltf-Intervs shall show cause in writing by 3/21/89 why sanctions should not be imposed for violation of court's protos placing intervs' objs to consent decree #269 under seal as well as placing all expert rpts under seal. The US & State of OR submit memo on 3/21/89. Court will take matter U/A (see order) ntfd Signed 3/15/89 microfilmed 3/15/89 Honorable Malcolm F. Marsh (former employee) (Entered: 03/15/1989)

RECORD OF ORD: Intervenors' mot pursuant to FRCP 68 #238 DENIED ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/16/1989)

RECORD OF ORD: Pltf-Intven's oral mot to allow disclosure of certain protected materials to Atty Don H. Marmaduke is GRANTED on following basis: (1) Disclosure ltd to: (a) interven's objs to consent decree #269; (b) expert rpts of J.J. McGee, PH.D. dated 7/87 & 2/87; (c) expert rpt of HD Bud Fredericks; (d) expert rpt of Robt L Carl, Jr, PH.D; (3) expert rpt of W. Sailor, PH.D., Geo. Singer, PH.D & Duaner Lundervold, M.S; & (f) expert rpt of Gerold Provencal. (2) Foregoing material may be disclosed to Atty Marmaduke & his office personnel directly involved in preparation of intvens' show cause memo. Said persons be informed of, & given copies of, this court's previous protective orders concern disclosed materials. (3) all disclosed materials & any copies made shall be rtnd to intervens w/in 10 days after resolution of show cause matter. ntfd Honorable Malcolm F. Marsh (former employee) Modified on 03/16/1989 (Entered: 03/16/1989)

Defts' supplemental memo re Intervens' motion for class certification (former employee) (Entered: 03/20/1989)

United States' Memorandum re confidentiality orders (former employee) (Entered: 03/21/1989)

Defts' memo re imposition of sanctions (Filed Under Seal) (former employee) (Entered: 03/21/1989)

Response to order to show cause [273-2] by pltf-intervs & their cnsl (former employee) (Entered: 03/22/1989)

Amended response to Order to Show Cause (former employee) (Entered: 03/22/1989)

US' memo in response to pltf-intervs' objs to joint mot to enter consent decree as an ord of the court (former employee) (Entered: 03/23/1989)

Defts' response to pltf-intervens' objs to joint mot to enter consent decree as an order of the court (filed under seal) OR defts (former employee) (Entered: 03/23/1989)

RECORD OF ORD: Set hrg on Intervenors' response to Order to show cause TUE, 4/4/89, 3:00 pm Ptld time, ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/31/1989)

RECORD OF ORD: In accord w/ord of 6/23/88 (#l91) exhibit B to U.S. Oppos to defts' disc plan #133 placed under seal ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 03/31/1989)

RECORD OF HRG: Intvervens' mot for class cert #202 GRANT under FRPC 23(b)(2)- formal opn & ord to follow. Intvens finle formal dism of Interv Brelsford. Sacntions entered against intervens' cnsl, excluding S. Brischetto, for violation of court's proto - formal opn & ord to follow. ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/05/1989)

Opinion re sanctions (see opn) (ntfd) Signed 4/5/89 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

ORDER DC cnsl of Mental Health Law Proj inclduing I Burnim may no lonter appear (see ord) Costs, expense, atty fees assessed against Elam Lantz, Jr. personally in amt to be determined. Attys for ptlf & defts submit affids of all expenses in relation to show cause w/support docs. D Hatton meet w/me personally private conf re role in dissemination of sealed docs. Lantz ord to recover all copies, etc of any sealed docs. Brischetto absolved of any responsibil of actns calling for sanctions. No sanctions imposed on idivid res intervens. ntfd Signed 4/5/89 microfilmed 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

Opinion re class cert (see opn) Signed 4/5/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

ORDER intvs' mot for class cert #202 granted. Class cert Rule 23(b)(2) & consist of all persons who've resided at Fairview since 10/2/86, or in future. As to intvs' 504 claims, subclass consist of members of class who req & were denied community svcs on basis of severity of handicaps, phys handicaps or maladaptive behaviors. (see ord), ntfd Signed 4/5/89 microfilmed 4/6/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/06/1989)

MOTION by pltf intvs to file reply brief & hrg memo on objs to proposed decree (former employee) (Entered: 04/06/1989)

RECORD OF HRG: granting motion to file reply brief & hrg memo on objs to proposed decree [291-1] taking under advisement on 4/6/89 motion to enter consent decree as an order of the court [261-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/10/1989)

Pltf-Intvs' reply brief & hrg memo on objs to proposed consent decree, affid of Sundram (former employee) (Entered: 04/10/1989)

MOTION by pla-intvs for order of dismissal- Roanld Brelsford #294 (former employee) (Entered: 04/10/1989)

ORDER granting motion for order of dismissal- Ronald Brelsford [294-1] to dismiss Brelsford, ntfd Signed 4/10/89 microfilmed & ent 4/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/11/1989)

MOTION by pla/intvrs for release of confidential info (former employee) (Entered: 04/11/1989)

ORDER granting motion for release of confidential info [296-1] to allow disclosure of certain protected materials to J. Hassett atty, DC for purpose of representing Burnim re appeal ntfd Signed 4/11/89 Honorable Malcolm F. Mars (former employee) (Entered: 04/11/1989)

Opinion-(see ord date 4/14/89) ntfd Signed 4/14/89 microfilmed & ent 4/14/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/14/1989)

ORDER-Pltf & efts' joint mot for entry of the decree is granted. The decree is ent as an ord of this ct. The parties contemplate that State officials shall provide an adequate plan to HCFA by 4/30/89. The State may move to dissolve this ord & the ct may grant the mot for good cause shown after 6/30/89, if HCFA has failed to approve the State's plan . ntfd Signed 4/14/89 microfilmed & ent 4/14/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/14/1989)

Declaration of Pamela L. Abernethy relating to costs and fees in sanctions matter (former employee) (Entered: 04/17/1989)

Declaration of Robinsue Frohboese re expenses ans fees incurred in relation to sow cause proceeding by plaintiff (former employee) (Entered: 04/19/1989)

MOTION by pltf/intvs for Pro Hac Vice admission of counsel-Joseph Hassett, Geo. Merncik, III, David G. Leitch & Albert W. Turnbull in DC (former employee) (Entered: 04/20/1989)

MOTION by pltf/intvs to alter or amend the judgment of 4/5/89 #303 (former employee) (Entered: 04/20/1989)

Memorandum by pltf/intvs in support of motion to alter or amend the of 4/5/89 [303-1] supplemental affid of Elam Lantz (former employee) (Entered: 04/20/1989)

RECORD OF ORD: SET Pltf/Intvs motion to alter or amend the judgment of 4/5/89 [303-1] on M/C MON, 5/22/89 (noa) ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 04/28/1989)

ORDER granting motion for Pro Hac Vice admission of counsel-Joseph Hassett, Geo. Merncik, III, David G. Leitch & Albert W. Turnbull in DC [302-1] Said cnsl admitted pro hac vice to rep pltf/intvs & their cnsl, in mot of pltf/intfs to alter or amend jdgmt of 4/5/89, & other proceedings related to the Order to Show Cause of 3/15/89 ntfd Signed 4/27/89 microfilmed & ent 4/28/89 Honorable Malcolm F. Marsh (former employee) (Entered: 04/28/1989)

MOTION by plaintiff USA for release of sealed material to advisory panel members #307 memo (former employee) (Entered: 05/03/1989)

ORDER re mot for release of info under seal etc. #307 (see order) ntfd Signed 5/3/89 microfilmed & ent 5/3/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/03/1989)

RECORD OF ORD: set Rule 16 sched conf for intvs & state of OR MON, 5/15/89, 10:00 in chmbrs. Ms Abernethy may appear by phone, court place call, ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

Case Management Order (see order) ntfd Signed 5/10/89 microfilmed & ent 5/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

ORDER Elam Lantz, Jr is ordered to pay deft State of OR fees and expenses in amt of $9l7.79 & pltf USA $281.50 ntfd Signed 5/10/89 microfilmed & ent 5/10/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/10/1989)

RECORD OF ORD: Rec of pretrial sched conf:,ORD on 6/2/89 parties exchange & file their plan of case management. Responses are filed and exchanged 6/9/89. Further sched conf be set after court has recd the plans and comments ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 05/17/1989)

Reporter's Transcript of proceedings had 3/1/89 filed (former employee) (Entered: 05/19/1989)

Reporter's Transcript of proceedings had 3/10/89 & 3/13/89 filed (former employee) (Entered: 05/19/1989)

Reporter's Transcript of proceedings had 3/14/89 filed (former employee) (Entered: 05/19/1989)

Opinion (see following order) Signed 5/31/89 microfilmed & entered 5/31/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/31/1989)

ORDER: Intervenors' motion to alter or amend the judgment of 4/5/89 [303-1], treated as a motion for reconsideration of sanctions, is DENIED. ntfd Signed 5/31/89 microfilmed & entered 5/31/89 Honorable Malcolm F. Marsh (former employee) (Entered: 05/31/1989)

Defts' case management plan (former employee) (Entered: 06/02/1989)

MOTION by pltf-intvs' for leave to file documents under seal #319 (former employee) (Entered: 06/05/1989)

ORDER granting motion for leave to file documents under seal #319 [319-1] ntfd Signed 6/7/89 microfilmed & ent 6/8/89 Honorable Malcolm F. Marsh (former employee) (Entered: 06/08/1989)

Defts' (Oregon) response to intervenors' case management plan (former employee) (Entered: 06/12/1989)

Pltf/Intvs' response to defts' case management plan (Elam Lantz/Hatton (former employee) (Entered: 06/12/1989)

Stipulation and ORDER extending, by 14 days, time for plan design: date for plan design be extended by 14 days, to 6/27/89 ntfd Signed 6/14/89 Honorable Malcolm F. Marsh (former employee) (Entered: 06/15/1989)

Notice of appeal by pltf/intvs Davis, Fryer, Jackson, Jones, Lee, Long, Lyle, Oliver & their cnsl Elam Lantz, Jr, David B Hatton, Ira A Burnim & Leonard S Rubenstein from Dist. Court decision opinion & order 5/31/89 denying pltf/intvs mot to alter or amend jgmt of 4/5/89, from opn & ord entered 4/5/89, imposing sanctions on cnsl & from order ent 5/10/89, specifying amt of monetary sanctions imposed on Elam Lantz, Jr. [325-1] (former employee) (Entered: 06/15/1989)

Mailed copy of notice of appeal to C/A and cnsl & necessary info (former employee) (Entered: 06/15/1989)

Received C/A fee of $: 100.00 D/C fee of $: 5.00 ( Receipt # 072769) (former employee) (Entered: 06/15/1989)

Received C/A fee of $: 100.00 D/C fee of $: 5.00 ( Receipt # 072769) (former employee)

Mailed copy of notice of appeal to C/A and cnsl & necessary info (former employee)

MOTION by pltf/intv to join party Verne Duncan #326 affidavit of Stephen L Brischetto (former employee) (Entered: 06/19/1989)

RECORD OF ord setting scheduing conf. for 6/22/89 at 10am., ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 06/21/1989)

RECORD OF Sched Conf: see formal order, ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 06/22/1989)

ORDER re case management S/J motions file by 7/14/89, Response 7/25/89. Replies 8/2/89. Hrg on s/j motions 8/7/89, 2:30., Final PTO 10/27/89, Discovery 8/1/89, Intvs submit proposed PTO 10/2/89. PTC 11/21/89, 1:30, C/Trial 1/9/90 (2 wk), (see order) all expert tours be conducted in accord w/prev orders of court. ntfd Signed 6/22/89 Honorable Malcolm F Marsh (former employee) (Entered: 06/22/1989)

RECORD OF ORD: granting motion to join party Verne Duncan and amend complaint [326-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 07/03/1989)

Certified Copy of Order from the US Court of Appeals for the Ninth District re appeal #[325-1] Dkt statement 7/11/89. Applt ntfy applee re tn 6/26/89; Applee ntfy applt re tn 7/5/89; Applt file desig form tn 7/17/89; File reptr trnscrpts 8/15/89; applt opening brief 10/2/89; applee brief 10/31/89 (former employee) (Entered: 06/30/1989)

Notification by US Court of Appeals for the Ninth Circuit of Docket Number 89-35447 (former employee) (Entered: 06/30/1989)

Pltf-intvs' deposition list and report to the court re scheudling of discovery (former employee) (Entered: 07/05/1989)

MOTION by pltf/intv to stay payment of monetary sanctions #334 (former employee) (Entered: 07/07/1989)

Memorandum in support of motion to stay payment of monetary sanctions [334-1] (former employee) (Entered: 07/07/1989)

Declaration of Elam Lantz, Jr cnsl for intv/pltfs (former employee) (Entered: 07/07/1989)

Certificate of service for #334,335,336 by intv/pltf (former employee) (Entered: 07/07/1989)

Transcript Designation and Ordering Form for date(s) March 1, 13, 14/89, & 4/4/89 (filed #313, 314, 315 tn for 4/4/89 not completed yet) (former employee) (Entered: 07/10/1989)

Summons issued Verne Duncan (former employee) (Entered: 07/10/1989)

MOTION by pltf-intv for order permitting submission of documents to experts #340, memo in support (former employee) (Entered: 07/13/1989)

AMENDED COMPLAINT in intervention- civil rights (former employee) (Entered: 07/13/1989)

Certificate of service pltf/intvs (former employee) (Entered: 07/13/1989)

RECORD OF ORD: granting motion to stay payment of monetary sanctions [334-1] ntfd Honorable Malcolm F. Marsh (former employee) (Entered: 07/21/1989)

Consent decree, affidavit of counsel David B Hatton, (no signature line for judge) (former employee) (Entered: 07/24/1989)

Joint MOTION by intvps & defts to enter consent decree as order of court #345-1, for approval of settlement agreement and partial dismissal of claims #345-2 ; proposed order entering consent decree; proposed order of dismissal; proposed consent decree and settlement agreement (former employee) (Entered: 07/24/1989)

ORDER granting motion to enter consent decree as order of court [345-1] ntfd Signed 7/24/89 & entered 7/25/89 Honorable Malcolm F. Marsh (former employee) (Entered: 07/25/1989)

ORDER granting pltf/intvs motion for approval of settlement agreement and partial dismissal of claims #345 ORDER: claims under the rehabilitation Act and Title XIX of the Society Security Act dismissed w/prej and w/out costs or atty fees. termcs, ntfd Signed 7/24/89 microfilmed & ent 7/25/89 Honorable F. Marsh (former employee) (Entered: 07/25/1989)

MOTION by plaintiff-intv for release of sealed or confidential materials to advisory panel #348 (former employee) (Entered: 08/03/1989)

ORDER granting pltf-intvs motion for release of sealed or confidential materials to advisory panel [348-1] be disclosed only to the 3 Advisory panel members, who shall keep rpts confidential (see order) ntfd Signed 8/8/89 microfilmed & ent 8/8/89 Honorable Malcolm F. (former employee) (Entered: 08/08/1989)