Case: People First of Tenn. v. Arlington Developmental Center

No Court

No Court

USA v. State of Tennessee

People First of Tennessee v. Arlington Developmental Center

U. S. Court of Appeals for the Sixth Circuit

Parent-Guardian Association of Arlington Developmental Center v. People First of Tennessee

Supreme Court of the United States

The Public Interest Law Center

ORIGINAL file, certified copy of transfer order and docket sheet received from Middle District of TN (Former Emp) Modified on 11/24/1992 (Entered: 11/24/1992)

DEFENDANTS' REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS by defendant Arlington Dev Ctr, defendant Ned McWherter, defendant Mona Reeves-Winfrey, defendant Mental Health, TN, defendant Evelyn C. Robertson Jr., defendant Marjorie Nelle Cardwell, defendant Health, TN, Dept. of, defendant Russell White, defendant Mannie Martin, defendant Human Services, TN, defendant Robert - Grunow, defendant Betty Gayle, defendant Patsy Matthews (Former Emp) (Entered: 01/12/1993)

MOTION by intervenor Parent-Guardian for attorney William F. Sherman to appear pro hac vice (Former Emp) (Entered: 01/12/1993)

MOTION by intervenor Parent-Guardian to intervene (Former Emp) (Entered: 01/12/1993)

OBJECTION TO CLASS CERTIFICATION by intervenor Parent- Guardian (Former Emp) (Entered: 01/12/1993)

MEMORANDUM by intervenor Parent-Guardian in support of motion to intervene [38-1] (Former Emp) (Entered: 01/12/1993)

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT by defendants re reply [36-1] of Dfts Motion to Dismiss (Former Emp) (Entered: 01/12/1993)

RESPONSE by defendants to motion to intervene [38-1] and Objection to Class Certification (Former Emp) Modified on 01/12/1993 (Entered: 01/12/1993)

MOTION by plaintiffs to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification (Former Emp) (Entered: 01/12/1993)

ORDER by Judge Jon P. McCalla granting motion to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification [42-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

ORDER by Judge Jon P. McCalla granting motion to extend time until 4/16/92 to respond to Motion to Intervene and Objection to Class Certification [42-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

RESPONSE by plaintiffs to motion to intervene [38-1] (Former Emp) (Entered: 01/12/1993)

MEMORANDUM by plaintiffs in opposition to motion to intervene [38- 1] (Former Emp) (Entered: 01/12/1993)

MOTION by intervenor Parent-Guardian for leave to file reply to plas' response to motion to intervene (Former Emp) (Entered: 01/12/1993)

ORDER by Judge Jon P. McCalla granting motion for leave to file reply to plas' response to motion to intervene [47-1] extending time until 5/15/92 for Parent-Guardian Assoc to file reply to plas' response to motion to intervene (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

AMENDMENT by intervenor Parent-Guardian to Objection to Class Certification [38-1] (Former Emp) (Entered: 01/12/1993)

AMENDMENT by intervenor Parent-Guardian to Motion to Intervene [38-1] (Former Emp) (Entered: 01/12/1993)

REPLY by intervenor Parent-Guardian re Plas' Memorandum in Opposition to Motion to Intervene [46-1] (Former Emp) (Entered: 01/12/1993)

SECOND SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO DISMISS by defendants (Former Emp) (Entered: 01/12/1993)

SUPPLEMENTAL MEMORANDUM by defendants in support of Motion to Dismiss (Former Emp) (Entered: 01/12/1993)

NOTICE of Change by intervenor Parent-Guardian Assoc's counsel, William F. Sherman that law firm JACOWAY, SHERMAN & PENCE has been dissolved; William F. Sherman, as individual counsel, will represent Parent-Guardian Assoc. (Former Emp) (Entered: 01/12/1993)

SETTING LETTER ; Status conference set for 9/3/92 at 1:00 p.m. (Former Emp) (Entered: 01/12/1993)

ATTORNEY APPEARANCE for plaintiffs by Earle J. Schwarz of WARING COX (Former Emp) (Entered: 01/12/1993)

MOTION by plaintiffs to compel production of documents (Former Emp) (Entered: 01/12/1993)

MEMORANDUM by plaintiff in support of motion to compel production of documents [57-1] (Former Emp) (Entered: 01/12/1993)

LETTER from Cecil H. Ross stating that he is not an attorney involved in this case (Former Emp) (Entered: 01/12/1993)

LETTER from Robert E. Johnson stating that he is not an attorney involved in this case (Former Emp) (Entered: 01/12/1993)

ORDER by Judge Jon P. McCalla referring to Mag Judge Aaron C. Brown Jr. the motion to compel production of documents [57-1] (cc: all counsel) (Former Emp) (Entered: 01/12/1993)

SETTING LETTER ; Status conference reset for 9/3/93 at 11:00 a.m. (Former Emp) (Entered: 01/12/1993)

NOTICE OF Filing Documents under seal by defendants (Former Emp) (Entered: 01/12/1993)

AFFIDAVIT filed under Seal (Former Emp) (Entered: 01/26/1993)

RESPONSE filed under Seal (Former Emp) (Entered: 01/26/1993)

CERTIFICATE Of Counsel by plaintiffs (Former Emp) (Entered: 01/26/1993)

SUPPLEMENTAL MOTION by defendants for protective order (Attachments included.) (Former Emp) (Entered: 01/26/1993)

MEMORANDUM by defendants in support of supplemental motion for protective order [67-1] (Former Emp) (Entered: 01/26/1993)

THIRD SUPPLEMENTAL MEMORANDUM by defendants in support of dfts motion to dismiss ( See Records from district case transferred from for dfts' motion to dismiss.) (Former Emp) (Entered: 01/26/1993)

RESPONSE by defendants in opposition to plas' motion for class action (Former Emp) (Entered: 01/26/1993)

MOTION by intervenor Parent-Guardian to quash notice of deposition (Former Emp) (Entered: 01/26/1993)

RESPONSE by plaintiffs to motion to quash notice of deposition [71-1] (Former Emp) (Entered: 01/26/1993)

RESPONSE by plaintiffs to motion for protective order [67-1] (Former Emp) (Entered: 01/26/1993)

MINUTES: Status conference held 9/3/92 ; Hearing on motion to dismiss and other pending motions set for 9/30/92 at 10:00 a.m.; Parties trying to work out a protective order. Case may be consolidated w/92-2062 USA v. State of TN (Former Emp) (Entered: 01/26/1993)

SETTING LETTER ; In-court hearing set for 9/30/92 at 10:00 a.m. (Former Emp) (Entered: 01/26/1993)

MAIL Returned [75-1] addressed to Judith Gran: Wrong address on mail; Address has been corrected. (Former Emp) (Entered: 01/26/1993)

MINUTES: Order filed in Open Court to admit pro hac vice, Judith Gran, Jack W. Derryberry, Jr. Edward G. Connette and Frank J. Laski; Also filed in Open Court, Supplement to plas's response to dfts' motion to dismiss w/exhibits attached; Motion to dismiss taken under advisement; Plas to file motion to amend complaint; Status conference set for 11/18/92 at 12:30 p.m. ; In-court hearing on motion to dismiss held 9/30/92 (Former Emp) (Entered: 01/26/1993)

SUPPLEMENT by plaintiffs to response to dfts' motion to dismiss (Former Emp) (Entered: 01/26/1993)

ORDER by Judge Jon P. McCalla for attorney Judith A. Gran, Jack W. Derryberry, Jr. Edward G. Connette and Frank J. Laski to appear pro hac vice(cc: all counsel) (Former Emp) (Entered: 01/26/1993)

ORDER SETTING STATUS CONFERENCE by Judge Jon P. McCalla ; Status conference set for 11/18/92 at 12:30 p.m. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

SETTING LETTER ; Status conference set for 11/18/92 at 12:30 p.m. (Former Emp) (Entered: 01/26/1993)

SECOND MOTION by plaintiffs to amend complaint (Former Emp) (Entered: 01/26/1993)

MEMORANDUM by plaintiffs in support of motion to amend complaint [81-1] (Former Emp) (Entered: 01/26/1993)

ATTORNEY APPEARANCE for defendant Arlington Dev Ctr by (Docket Clerk could not read atty's signature. Also, atty's name was not printed on pleading.) (Former Emp) (Entered: 01/26/1993)

MOTION by plaintiffs for preliminary injunction (Former Emp) (Entered: 01/26/1993)

MEMORANDUM/Brief by plaintiffs in support of motion for preliminary injunction [84-1] (Former Emp) (Entered: 01/26/1993)

EXHIBITS to plas' motion for temporary restraining order and preliminary injunction (Former Emp) (Entered: 01/26/1993)

MOTION by defendants to extend time to respond to plas' motion for preliminary injunction (Former Emp) (Entered: 01/26/1993)

ORDER RESETTING RULE 16 (b) SCHEDULING CONFERENCE by Judge Jon P. McCalla ; Status conference reset for 12/2/92 at 12:30 p.m (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

SETTING LETTER ; Status conference set for 12/2/92 at 12:30 p.m. (Former Emp) (Entered: 01/26/1993)

MEMORANDUM AND ORDER: by Mag Judge Aaron C. Brown Jr. denying motion to compel production of documents [57-1] w/o prejudice (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

Defendants' Proposed Litigation Plan (Former Emp) (Entered: 01/26/1993)

ORDER by Judge Jon P. McCalla granting motion to amend complaint [81-1] and adding Stevelyn Danieal Tucker as pla (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

RULE 16 (b) SCHEDULING ORDER by Judge Jon P. McCalla State of TN to make all discovery documents and responses available to plaintiffs and intervenor w/in 5 days of having made documents available to Dept of Justice in accordance w/discovery order in USA v. State of TN 92- 2062; Plas and intervenor to be allowed to attend any depos taken in USA v. State of TN (Amended Discovery Order for 92-2062 attached.) In-court hearing set for 1/25/93 at 1:00 p.m. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

MOTION by defendants to extend time to respond to plas motion for a preliminary injunction (Former Emp) (Entered: 01/26/1993)

SETTING LETTER ; In-court hearing set for 1/25/93 at 1:00 p.m. (Former Emp) (Entered: 01/26/1993)

ORDER by Judge Jon P. McCalla granting motion to extend time to respond to plas motion for a preliminary injunction [94-1] extending time to respond to plas motion for a preliminary injunction until 1/8/93 (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

ORDER ON MOTION TO DISMISS by Judge Jon P. McCalla for motion to dismiss to be granted in part and denied in part: Claims under Title XIX of the Social Security Act, Sections 100 and 504 of the Rehabilitation Act of 1973, Title II of the American With Disabilities Act of 1990, the First Amendment as set out in Count IV(b), (d), & (e), and the Equal Protection Clause are DISMISSED; Claims remaining are those under the First Amendment as set out in Count IV(a) and (c) and the Due Process Clause. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

ORDER DIRECTING PLAINTIFFS AND INTERVENOR TO EXECUTE PROTECTIVE ORDER by Judge Jon P. McCalla: Any entity or individuals reviewing discovery materials on behalf of plas and intervenor in Case no. 92-2213 shall first execute, as required in pto in 92-2062, necessary affidavits and protective orders required by a party in Case no. 92-2062, in order to participate in discovery. Application of US for relief from orders previously entered, allowing presence and receipt of discovery materials by plas and intervenor in Case no. 92-2213, is denied. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

RESPONSE by defendants to motion for preliminary injunction [84-1] (Former Emp) (Entered: 01/26/1993)

EXHIBITS to Defendants Response in Opposition to Plaintiffs' Motion for Preliminary Injunction (Former Emp) (Entered: 01/26/1993)

MOTION by defendant to extend time to answer until 3-5-93 (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

MOTION by defendant to exclude/disallow oral testimony (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

RESPONSE by plaintiffs to motion to exclude/disallow oral testimony [65-1] (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

MOTION by defendants to quash the 1-19-93 subpoena commanding appearance by Records Custodian at hearing (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

MEMORANDUM in support of motion to quash the 1-19-93 subpoena commanding appearance by Records Custodian at hearing [67-1] (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

ORDER by Judge Jon P. McCalla granting motion to extend time to answer until 3-5-93 [64-1] (cc: all counsel) (Former Emp) Modified on 01/26/1993 (Entered: 01/21/1993)

ORDER by Judge Jon P. McCalla denying motion to exclude/disallow oral testimony [65-1] (cc: all counsel) (EHG) Modified on 01/26/1993 (Entered: 01/22/1993)

MOTION by defendants (for leave to) to submit late-filed affidavit (EHG) Modified on 01/26/1993 (Entered: 01/22/1993)

ORDER GRANTING DEFENDANTS' MOTION TO QUASH IN PART AND DENYING IN PART by Judge Jon P. McCalla re [104-1] motion to quash subpoenaed records of Phillip Renshaw and James Finley-- granted; motion to quash subpoenaed minutes of Mortality Review Committee held since 6-1-91--granted; motion to quash subpoena served on custodian of records--denied; and motion to quash production of charts of Carl Beard and Stevelyn Tucker--denied (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

MINUTES: Witnesses sworn: Lee Ellen Phillips; Proof on physical therapy issue concluded; Court will allow everyone to complete submittals by tomorrow except intervenor, who has 15 days from tomorrow to file submittals along w/his argument in writing; To correct status on all matters, new set of orders will be entered as intervenor did not receive copies; Mr. Connette and Ms. Oxford highlighted arguments as to the 1st Amendment and Ms. Gran and Ms. Ross as to physical therapy issue; Order on intervention will be entered tomorrow. Hearing on motion for preliminary injunction held 1/25/93 (Former Emp) (Entered: 01/26/1993)

AFFIDAVIT of Mary M. Horton (Former Emp) (Entered: 01/26/1993)

ORDER ON MOTION TO DISMISS by Judge Jon P. McCalla for motion to dismiss to be granted in part and denied in part: Claims under Title XIX of Social Security Act, Sections 100 and 504 of the Rehabilitation Act of 1973, Title II of the American With Disabilities Act of 1990, the Equal Protection Clause, and the First Amendment as set out in Count IV(b), (d), & (e) are DISMISSED. Claims remaining are those under the First Amendment as set out in Count IV(a) and (c) and the Due Process Clause. (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

ORDER WITHDRAWING ORDER DOCKETED DECEMBER 23,1992, AND FILING ORDER DOCKETED JANUARY 26, 1993 by Judge Jon P. McCalla withdrawing order [97-2], (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

ORDER by Judge Jon P. McCalla granting motion to intervene [38-1] (cc: all counsel) (Former Emp) (Entered: 01/26/1993)

AFFIDAVIT of Ronald C. Bingham, M.D. re [84-1] (Former Emp) (Entered: 01/27/1993)

ORDER by Judge Jon P. McCalla granting motion (for leave to) to submit late-filed affidavit [108-1] (cc: all counsel) (Former Emp) (Entered: 02/02/1993)

RESPONSE (Answer in Intervention) by intervenor Parent-Guardian (Former Emp) (Entered: 02/08/1993)

SUPPLEMENT by defendants re motion response [99-1] (Former Emp) (Entered: 02/09/1993)

NOTICE of Filing Documents by defendants (Former Emp) (Entered: 02/09/1993)

AFFIDAVIT of Ruth Mulvany w/photos attached (Former Emp) (Entered: 02/16/1993)

AFFIDAVIT of Christine Jenkins (Former Emp) (Entered: 02/16/1993)

RESPONSE by intervenor Parent-Guardian to motion for preliminary injunction [84-1] (Former Emp) (Entered: 02/16/1993)

MEMORANDUM by intervenor Parent-Guardian in support of motion response [122-1] (Former Emp) (Entered: 02/16/1993)

EXHIBITS to Intervenor's response to plaintiffs' motion for preliminary injunction (Former Emp) (Entered: 02/16/1993)

NOTICE by defendants of filing documents (Supplemental afdt of Barbara Connolly) (Former Emp) (Entered: 02/16/1993)

ORDER CLARIFYING CIRCUMSTANCES UNDER WHICH SECOND AMENDED COMPLAINT SHALL BE FILED by Judge Jon P. McCalla: for pla to file Second Amended Complaint w/in 5 days of entry of this Order; for the Order on Motion to Dismiss entered 1/26/93 to apply to the Second Amended Complaint; and for the dfts to not file an answer to the First Amended Complaint, but to file an answer to the Second Amended Complaint by 3/5/93 (cc: all counsel) (Former Emp) (Entered: 02/16/1993)

SETTING LETTER ; In-court hearing set for 3/22/93 at 3:00 p.m. (Former Emp) (Entered: 02/22/1993)

AMENDED COMPLAINT [35-1] by plaintiffs; adding Stevelyn Danieal Tucker (Former Emp) (Entered: 02/22/1993)

NOTICE OF FILING OF Deposition by plaintiffs (Former Emp) (Entered: 02/24/1993)

DEPOSITION of Lee E. Phillips taken on the following date(s): 2/9/93 (Former Emp) (Entered: 02/24/1993)

MOTION by intervenor Parent-Guardian to continue hearing set for 3/22/93 (Former Emp) (Entered: 02/24/1993)

MOTION by intervenor Parent-Guardian to reduce time to answer interrogatories (Former Emp) (Entered: 02/24/1993)