U.S. v. Tennessee

People First of Tennessee v. Clover Bottom Developmental Center

People First of Tennessee v. Clover Bottom Developmental Center

People First of Tenessee v. Clover Bottom Developmental Center

U.S. v. Tennessee

U. S. Court of Appeals for the Sixth Circuit

People First of Tennessee v. Clover Bottom Developmental Center

People First of Tennessee v. Clover Bottom Developmental Center

COMPLAINT (NO Summons(es) issued) (af) (Entered: 11/18/1996)

NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr. , Case Management Conference set for 10:00 1/2/97 (af) (Entered: 11/18/1996)

MOTION & MEMORANDUM by pltf USA to consolidate cases 3:96−1056 w/ 3:95−1227 w/ att'd copy of Settlement Agreement in Case No. 3:95−1227 (af) (Entered: 11/18/1996)

ORDER by Magistrate Judge William J. Haynes Jr.: Case Management Conference is reset for 9:00 on 2/14/97. EOD 11/25/96 (cc: all counsel) (gi) (Entered: 11/25/1996)

ORDER by Judge Robert L. Echols granting motion to consolidate case 3:96−1056 w/ 3:95−1227 [3−1]. EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)

ATTORNEY APPEARANCE for pltf USA by Shelley R. Jackson filed in lead case 3:95−1227 [264−1] (jb) Modified on 04/19/1999 (Entered: 04/19/1999)

NOTICE OF APPEAL by Comm Rehab of TN filed in lead case 3:95−1227 (af) (Entered: 03/13/2000)

NOTICE by pltf USA of filing of consultants' Selected Findings and Recommendations (attached) (mg) (Entered: 03/27/2000)

ORDER by Judge William J. Haynes Jr. withdrawing attorney Shelley R. Jackson for USA (Order docketed in lead case 3:95−1227 DE#432) (cc: all counsel) EOD 10/2/00 (mg) Modified on 10/03/2000 (Entered: 10/02/2000)

MANDATE issued 10/10/91 from 6th CCA affirming the decision of the District Court [0−1] filed 8/8/01 (mg) (Entered: 02/11/2002)

ATTORNEY APPEARANCE for pltf USA by Janine Scott per notice [627−1] in lead case 3:95−1227. (rls) (Entered: 02/13/2002)

ATTORNEY APPEARANCE for pltf USA by Todd Schneider filed in lead case #3:95−1227 (km) (Entered: 04/22/2003)

ATTORNEY APPEARANCE for pltf USA by R. Jonas Geissler filed in lead case 3:95−1227 (km) Modified on 03/24/2004 (Entered: 03/24/2004)

AGREED ORDER re 885 Consent MOTION for Attorney Fees. The Intervenor Parent Guardian Associations (the PGA) and the State of Tennessee have filed a Joint Application For Award of Attorneys Fees and Reimbursement of Expenses to the PGA. The PGA are "prevailing parties" entitled to awards of expenses and reasonable attorney's fees in this case. The parties have agreed that Thirty-Three Thousand One Hundred Fourteen and No/100 Dollars ($33,114.00) for attorney's fees and Sixty and 95/100 Dollars ($60.95) for expenses, which collectively represents an aggregate award of Thirty-Three Thousand One Hundred Seventy-Four and 95/100 Dollars ($33,174.95), represents an appropriate award of attorneys fees and expen ses for monitoring and enforcement related work during the period from December 1, 2007 through November 12, 2008. Accordingly, it is hereby ordered that the Intervenor PGA are awarded attorney's fees and expenses in the aggregate amount of Thi rty-Three Thousand One Hundred Seventy-Four and 95/100 Dollars ($33,174.95). Based on the statements made in the joint application, this award shall be in satisfaction of hours expended and costs incurred in connection with the PGA's monitoring and enforcement work during the period from December 1, 2007 through November 12, 2008. It is so ORDERED. Signed by Senior Judge Robert Echols on 12/23/08. (af)

AGREED ORDER ON JOINT APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES TO PEOPLE FIRTS: granting 911 Motion for Attorney Fees. Plaintiffs/Intervener People First, et al. are awarded attorneys fees and litigation expenses in the amount of $$88,332.98 to be paid by the State ofTennessee. Signed by Senior Judge Robert Echols on 10/26/09. (dt)

NOTICE of Appearance by Samantha Kay Trepel on behalf of USA (Trepel, Samantha) (Entered: 12/29/2009)

Note to Filer Samantha Trepel re DE #8: All pleadings should be filed in the lead case 3:95cv1227. This document needs to be re−filed.(km) (Entered: 01/04/2010)

AGREED ORDER: Experts and/or staff employed by the Quality Review Panel shall be permitted access to class members, meetings and discussions concerning class members and class member records and information to the same extent as the Quality Review Panel as described in Section X. of the Settlement Agreement. Signed by Senior Judge Robert Echols on 3/30/10. (km)

ORDER: The parties in this litigation participated an additional settlement conference at their request with the Magistrate Judge. Two cases were discussed and the Magistrate Judge believes that the parties have reached informal agreements that will hopefully resolve these two issues without the necessity of the parties seeking formal Court rulings on the terms of the settlement agreement. Signed by Magistrate Judge Joe Brown on 4/1/10. (km)

ORDER: Pending before the Court is Defendant's "Motion for Leave to File Accompanying Emergency Motion to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief" (Docket Entry No. 964). The Motion is hereby GRANTED. A Hearing on the Emergency Motion to Compel is hereby scheduled for Thursday, May 13, 2010, at 9:00 a.m. Any response to the Motion must be filed by Wednesday, May 12, 2010, at 4:00 p.m. IT IS SO ORDERED. Signed by Senior Judge Robert Echols on 5/11/10. (af)

ORDER granting 984 Motion for Leave to File Emergent Motion to Enforce Settlement Agreement and Enjoin The Planned June 22 Transition of L.S. to GVDC without QRP Review or Approval. The Clerk is hereby directed to file the documents appearing at D E Nos 984-1 through 984-5 under separate docket entry numbers. Due to the time constraints faced by the Court in ruling on the United States' motion, the Court hereby GRANTS a TRO restraining the State from transferring L.S. from Clover Bottom Developmental Center to Greene Valley Developmental Center on June 22, 2010, as planned, and until further Order of the Court after the Court has had the opportunity to consider the filings and positions of the parties. The Court may set a hearing on the United States' motion in a separate Order. It is so ordered. Signed by Senior Judge Robert Echols on 6/21/10. (xc:Pro se party by regular and certified mail.)(af)

NOTICE of Appearance by Michelle A. Jones on behalf of USA (Jones, Michelle) (Entered: 12/30/2010)

Note to filer re 9 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (rd) (Entered: 01/06/2011)

MEMORANDUM. An appropriate Order will be entered. Signed by District Judge Kevin H. Sharp on 2/1/12. (tmw) Modified text on 2/1/2012 (tmw).

MEMORANDUM. An appropriate Order shall be entered. Signed by District Judge Kevin H. Sharp on 2/6/12. (tmw)

1 Attachment NOTICE OF JOINT MOTION OF ALL PARTIES TO APPROVE EXIT PLAN

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AGREED ORDER ON JOINT APPLICATION FOR AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES TO THE PARENT GUARDIAN ASSOCIATIONS. Signed by District Judge Kevin H. Sharp on 10/30/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby GRANTS the Parties' joint motion seeking approval of an Exit Plan (Docket No. 1118-1) and entry of a proposed Agreed Order (Docket No. 1118-2). The Agreed Order is contemporaneously herewith ENTERED. The Motion to Intervene brought by Brian Bragdon, Lisa Hill, Gail King, Ricky Lingerfelt, Gena Wexler, Russell Wexler, Leonard Wyrick Jr., and Citizens for a Better Tennessee (Docket No. 1121) is hereby DENIED. It is SO ORDERED Signed by Chief Judge Kevin H. Sharp on 1/29/15. (af)

AGREED ORDER re Exit Plan, Compliance Conferences, Compliance with Sections II-IX of the Exit Plan, Compliance with Sections X of the Exit Plan, Monitoring & Other Issues. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (Attachments: # 1 Attachment Exit Plan, # 2 Exhibit B to Exit Plan, # 3 Exhibit C to Exit Plan, # 4 Exhibit D to Exit Plan)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on March 24, 2015, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section II, Section III.A., III.B., III.C., Section VIII, and Section X.A. and X.B of the Exit Plan. Signed by Magistrate Judge Juliet E. Griffin on 4/8/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

REPORT AND RECOMMENDATION FOR ENTRY OF AN ORDER FINDING THAT DEFENDANTS HAVE COMPLETED A MATERIAL PROVISION OF THE EXIT PLAN. Signed by Magistrate Judge Juliet E. Griffin on 7/14/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on October 7, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with and completed Section III.E and III.G; Section IV.A, IV.B, and IV.F; and, Section VI.D of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 11/3/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

ORDER: As scheduled during the settlement/compliance session on November 3, 2015, the next such session is scheduled for Wednesday, December 9, 2015, at 10:00 a.m. in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 11/19/15. (dt)

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on November 3, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants hav e complied with and completed Section III.F; Section IV.C and IV.D; and, Section V.A. Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent Guardian Associations of Clover Bottom Developmental Center and of Greene Valley Developmental Center have fourteen (14) days from the entry of this Report and Recommendation to file an objection to it. If no such objection is filed within the prescribed period of time, the findings in this Report and Recommendation shall be final and binding on all parties. Signed by Magistrate Judge Barbara D. Holmes on 11/20/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on December 9, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with and completed Section IV.E; Section VI.B; Section VII.B; and, Section IX. Furthermore, pursuant to the Agreed Order and based upon the Court's previous findings of compliance with all of the other material provisions of Sections II-IX of the Exit Plan, (see Report and Recommendations, ECF No. 1141; Report and Recommendations, ECF No. 1145; Report and Recommendations, ECF No. 1147; Report and Recommendations, ECF. No. 1149; Report and Recommendations, ECF No. 1155; and, Report and Recommendations, ECF No. 1157), the Court finds that the State has complied with all material provisions of Sections II-IX of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 12/11/2015. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 12/15/2015 (jw).

ORDER: The R & Rs (Docket Nos. 1155 & 1157 ) are hereby ACCEPTED and APPROVED. The Court hereby FINDS that Defendants have complied with the following sections of the Exit Plan: III.E, III.F, III.G, IV.A, IV.B, IV.C, IV.D, IV.F, V.A, and VI.D. Signed by Chief Judge Kevin H. Sharp on 12/14/15. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 12/15/2015 (dt).

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court hereby rules as follows: (1) The R & Rs (Docket Nos. 1141, 1149, & 1158) are hereby ACCEPTED and APPROVED; (2) The Court hereby FINDS that Defendants have complied with the follow ing sections of the Exit Plan: II, III.A, III.B, III.C, IV.E, V.B, VI.B, VII.B, VIII, IX, X.A, and X.B. Signed by Chief Judge Kevin H. Sharp on 1/8/2016. (xc:Pro se party by email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 1/12/2016 (jw).

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 6, 2017, this Court FINDS, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with Section X.D., Section X.E. and Section X.F. In addition, the Court specifically FINDS that Section X.C. of the Exit Plan does not include any objective and measureable criteria that were required to be satisfied by Defendants. (jw)

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 30, 2017, this Court FINDS, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section X.G. of the Exit Plan. Furthermore, pursuant to the Agreed Order and based upon the Court's findings of compliance with all material provisions of Section X of the Exit Plan (in addition to this Report and Recommendation, see Report and Recommenda tion ECF 1141 and ECF 1201), the Court FINDS that the State now has complied with all material provisions of Section X of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 6/30/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

ORDER: Pending before the Court are two Reports and Recommendations of the Magistrate Judge (Doc. Nos. 1201, 1203), to which no party filed timely objections. The Court has reviewed the Reports and Recommendations and conducted a de novo review of the record. The Reports and Recommendations are ADOPTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/14/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)