Case: Anderson v. Houstoun

2:00-cv-04148 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 16, 2000

Closed Date: April 1, 2005

Clearinghouse coding complete

Case Summary

This class action involving adult care givers, either relatives of the children or close friends of the children's parents, caring for Pennsylvania children whose parents are unable to provide care was filed on August 16, 2000, in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs were represented by the Juvenile Law Center and ACLU; they sought declaratory and injunctive relief against the state for failing to provide for the financial needs of these children, cla…

This class action involving adult care givers, either relatives of the children or close friends of the children's parents, caring for Pennsylvania children whose parents are unable to provide care was filed on August 16, 2000, in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs were represented by the Juvenile Law Center and ACLU; they sought declaratory and injunctive relief against the state for failing to provide for the financial needs of these children, claiming that the state violated Title IV-E of the Social Security Act, 42 U.S.C. § 670, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and Pennsylvania state laws.

The complaint alleged that the state violated state and federal law by failing to meet the financial needs of these children. Specifically, the state failed to: notify the plaintiffs and other similarly situated caregivers ("kinship caregivers") of their right to apply for and receive per diem foster care benefits for the children in their care, process applications for foster care benefits from them and other kinship care givers, and reimburse them for the care of the dependent children placed in their homes at the same per diem rate as non-kinship foster care givers.

The plaintiffs filed for class certification on August 17, 2000. In late August of 2004, the plaintiffs filed a motion for preliminary approval of a proposed settlement agreement. After many amendments of the proposed class, the court finally granted the class certification for settlement purposes on October 29, 2004.

On April 1, 2005, the court approved and ordered the settlement agreement, in which, according to the plaintiff's website, the Pennsylvania Department of Public Welfare agreed to issue a bulletin clarifying the obligation of county youth agencies to treat caregivers similar to the plaintiffs, like all other foster parents. Additionally, the agreement included a notice to be provided to all kinship caregivers stating their rights to receive their legal benefits. The docket does not include any additional activity after the approval of the settlement.

Summary Authors

Alice Liu (1/27/2013)

People


Judge(s)

Kauffman, Bruce William (Pennsylvania)

Attorneys(s) for Plaintiff

Levick, Marsha (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Brown, Sheryl L. (Pennsylvania)

Frey, William G. (Pennsylvania)

Gonzales, John P. (Pennsylvania)

Jones, Marie Millie (Pennsylvania)

Kessler, Alan C. (New Jersey)

Macmain, David J. (Pennsylvania)

Newcomer, Philip W. (Pennsylvania)

Judge(s)

Kauffman, Bruce William (Pennsylvania)

Attorneys(s) for Plaintiff

Levick, Marsha (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Brown, Sheryl L. (Pennsylvania)

Frey, William G. (Pennsylvania)

Gonzales, John P. (Pennsylvania)

Jones, Marie Millie (Pennsylvania)

Kessler, Alan C. (New Jersey)

Macmain, David J. (Pennsylvania)

Newcomer, Philip W. (Pennsylvania)

Patchen, Sherri Glantz (Pennsylvania)

Santarone, Joseph J. Jr (Pennsylvania)

Stauss, Timothy E. (New Jersey)

Wieand, Donald E. Jr (Pennsylvania)

Documents in the Clearinghouse

Document

2:00-cv-04148

Docket

Sept. 26, 2005

Sept. 26, 2005

Docket
61

2:00-cv-04148

Order

May 7, 2004

May 7, 2004

Order/Opinion
60

2:00-cv-04148

Second Amended Complaint

May 7, 2004

May 7, 2004

Complaint
64

2:00-cv-04148

Order

Anderson v. Richman

Oct. 29, 2004

Oct. 29, 2004

Order/Opinion
76

2:00-cv-04148

Order

April 1, 2005

April 1, 2005

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 150 receipt # 740027 (mrs) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

Summons(es) issued Forwarded to: 15 originals mailed to counsel 08/16/00 (mrs) Modified on 08/16/2000 (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

Standard Case Management Track. (mrs) (Entered: 08/16/2000)

Aug. 16, 2000

Aug. 16, 2000

2

MOTION by PLAINTIFF EDWARD . ANDERSON, PLAINTIFF THELMA OUTEN, PLAINTIFF LILLIAN LONGS, PLAINTIFF ELLA TATE, PLAINTIFF PATRICIA HAUS−HERNANDEZ, PLAINTIFF JODI POPE, PLAINTIFF SHEPPARD POPE, PLAINTIFF BILLIE MAE KLINZING, PLAINTIFF EVELYN URQUHART, PLAINTIFF CYNTHIA WODARSKI FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 08/18/2000)

Aug. 17, 2000

Aug. 17, 2000

3

ORDER THAT THE CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE JAY C. WALDMAN TO THE CALENDAR OF THE HONORABLE ANITA B. BRODY. ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 9/14/00 ENTERED AND COPIES MAILED. (gn) (Entered: 09/14/2000)

Sept. 14, 2000

Sept. 14, 2000

4

STIPULATION AND ORDER THAT DEFTS FEATHER O. HOUSTON AND JO ANN LAWER SHALL HAVE AN EXTENSION OF TIME UP TO AND INCLUDING 11/6/00 TO RESPOND TO THE COMPLAINT AND THE MOTION. ( SIGNED BY JUDGE ANITA B. BRODY ) 9/19/00 ENTERED AND COPIES MAILED. (gn) (Entered: 09/19/2000)

Sept. 19, 2000

Sept. 19, 2000

6

Appearance of WILLIAM G. FREY for DEFENDANT DEPT OF HUMAN, DEFENDANT ALBA MARTINEZ, DEFENDANT MAXINE TUCKER, Certificate of Service. (gn) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

7

Appearance of JOSEPH J. SANTARONE JR., JOHN P. GONZALES for DEFENDANT WASHINGTON CO CHILD, DEFENDANT JEFF FELTON, jury demand, Certificate of Service. (gn) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

8

Appearance of DAVID J. MAC MAIN for DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL, DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA, Certificate of Service. (gn) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

9

ORDER THAT THE CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE ANITA B. BRODY, TO THE CALENDAR OF THE HONORABLE BRUCE W. KAUFFMAN. ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 10/2/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/02/2000)

Oct. 2, 2000

Oct. 2, 2000

10

STIPULATION AND ORDER THAT DEFTS MONE COUNTY CHILDREN AND YOUGH SERVICES, SAT BAHL, BEAVER COUNTY CHILDREN &YOUTH SERVICES AND VICTOR COLONNA SHALL HAVE AN EXTENSION OF TIME UNTIL 11/6/00 TO RESPOND TO PLFFS' COMPLAINT EITHER BY ANSWER OR BY MOTION. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

11

STIPULATION AND ORDER THAT DEFTS DEPT OF HUMAN SERVICES OF THE CITY OF PHILA., ALBA MARTINEZ AND MAXINE TUCKER SHALL HAVE AN EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION NOT LATER THAT 45 DAYS AFTER THE CLOSE OF CLASS DISCOVERY. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

12

STIPULATION AND ORDER THAT DEFTS MONROE COUNTY CHILDREN AND YOUTH SERVICES, SAT BAHL, BEAVER COUNTY CHILDREN AND YOUTH SERVICES AND VICTOR COLONNA SHALL HAVE AN EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION NOT LATER THAN 45 DAYS AFTER THE CLOSE OF CLASS DISCOVERY. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

13

AMENDED STIPULATION AND ORDER THAT DEFTS MONTGOMERY COUNTY CHILDREN AND YOUTH SERVICES AND WALTER JUNEWICZ SHALL HAVE AN EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION NOT LATER THAN 45 DAYS AFTER THE CLOSE OF CLASS DISCOVERY. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

14

STIPULATION AND ORDER THAT DEFTS DEPT OF HUMAN SERVICES OF THE CITY OF PHILA., ALBA MARTINEZ AND MAXINE TUCKER SHALL HAVE AN EXTENSION OF TIME TO 11/6/00 TO ANSWER THE COMPLAINT. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

15

STIPULATION AND ORDER THAT DEFTS' LANCASTER COUNTY CHILDREN AND YOUTH SERVICES AND JILL MCVEY TIME FOR FILING A RESPONSE PLEADING TO THE COMPLAINT AND A REPLY TO PLFFS' MOTION FOR CLASS CERTIFICATION SHALL BE EXTENDED TO 11/6/00. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/5/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/05/2000)

Oct. 5, 2000

Oct. 5, 2000

17

MOTION by MOVANT DAVID J. MacMAIN FOR MARIE MILIE JONES TO APPEAR PRO HAC VICE FOR DEFTS BEAVER COUNTY CHILDREN &YOUTH SERVICES AND VICTOR COLONNA , AFFIDAVIT, CERTIFICATE OF SERVICE. (gn) (Entered: 10/16/2000)

Oct. 13, 2000

Oct. 13, 2000

18

STIPULATION AND ORDER THAT DEFTS WASHINGTON COUNTY AND JEFF FELTON HAVE AN EXTENSION OF TIME UNTIL 11/6/00 TO FILE A RESPONSIVE PLEADING TO PLFFS' COMPLAINT. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/20/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/20/2000)

Oct. 20, 2000

Oct. 20, 2000

19

STIPULATION AND ORDER THAT DEFTS' WASHINGTON COUNTY AND JEFF FELTON SHALL HAVE AN XTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION NOT LATER THAN (45) DAYS AFTER THE CLOSE OF CLASS DISCOVERY. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/20/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/20/2000)

Oct. 20, 2000

Oct. 20, 2000

20

ORDER GRANTING MOTION FOR MARIE MILIE JONES TO APPEAR PRO HAC VICE FOR DEFTS BEAVER COUNTY CHILDREN &SERVICES AND VICTOR COLONNA (Attorney: MARIE MILIE JONES). ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/20/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 10/20/2000)

Oct. 20, 2000

Oct. 20, 2000

21

Appearance of MARIE MILIE JONES for DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA, Certificate of Service. (gn) (Entered: 10/27/2000)

Oct. 26, 2000

Oct. 26, 2000

22

Affidavit of: Richard Ehrlich re: served summons and complaint upon DEFENDANT MONTGOMERY CO CHILD, DEFENDANT WALTER JUNEWICZ . Served by: personal service on 8/22/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

23

Affidavit of: William Alexander re: served summons and complaint upon DEFENDANT ALBA . MARTINEZ, DEFENDANT TUCKER and JOHN SHELLENBERGER. Served by: personal service on 8/22/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

24

Affidavit of: Larry Morine re: served summons and complaint upon DEFENDANT LANCASTER CO CHILD, DEFENDANT JILL McVEY. Served by: personal service on 8/30/00. (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

25

Affidavit of: Joseph Johnson re: served summons and complaint upon DEFENDANT FEATHER O. HOUSTOUN, DEFENDANT JOANN R. LAWER . Served by: personal service on 8/30/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

26

Affidavit of: Francis Jolley re: served summons and complaint upon DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL . Served by: personal service on 9/1/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

27

Affidavit of: Kenneth Kearney re: served summons and complaint upon DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA . Served by: personal service on 9/5/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

28

Affidavit of: William Revels re: served summons and complaint upon DEFENDANT DEPT OF HUMAN . Served by: personal service on 8/29/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

29

Affidavit of: Kenneth Kearney re: served summons and complaint upon DEFENDANT WASHINGTON CO CHILD, DEFENDANT JEFF FELTON . Served by: personal service on 8/29/00 . (gn) (Entered: 11/03/2000)

Nov. 3, 2000

Nov. 3, 2000

31

MOTION by DEFENDANT MONTGOMERY CO CHILD, DEFENDANT WALTER JUNEWICZ TO DISMISS PLFFS' COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 11/06/2000)

Nov. 6, 2000

Nov. 6, 2000

32

Praecipe by DEFENDANT MONTGOMERY CO CHILD, DEFENDANT WALTER JUNEWICZ to withdraw motion to dismiss plffs' complaint, Certificate of Service. (gn) (Entered: 11/08/2000)

Nov. 7, 2000

Nov. 7, 2000

33

AMENDED STIPULATION AND ORDER THAT DEFTS LANCASTER COUNTY CHILDREN AND YOUTH SERVICES AND JILL MCVEY SHALL HAVE AN EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION AND THE DEFTS WILL RESPOND NO LATER THAN 45 DAYS AFTER THE CLOSE OF CLASS DISCOVERY. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 11/13/00 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 11/13/2000)

Nov. 13, 2000

Nov. 13, 2000

34

MOTION by DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL, DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(6) , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

35

MOTION BY DEFENDANT DEPT OF HUMAN, DEFENDANT ALBA . MARTINEZ, DEFENDANT MAXINE TUCKER TO DISMISS PLAINTIFF'S COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (dt) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

36

MOTION BY DEFENDANT WALTER JUNEWICZ, DEFENDANT MONTGOMERY CO CHILD TO DISMISS PLAINTIFFS' AMENDED COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (dt) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

37

MOTION by DEFENDANT FEATHER O. HOUSTOUN, DEFENDANT JOANN R. LAWER TO DISMISS PLFFS' AMENDED COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 11/21/2000)

Nov. 20, 2000

Nov. 20, 2000

38

MOTION by DEFENDANT LANCASTER CO CHILD, DEFENDANT JILL McVEY TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 11/21/2000)

Nov. 21, 2000

Nov. 21, 2000

39

MOTION by DEFENDANT WASHINGTON CO CHILD, DEFENDANT JEFF FELTON TO DISMISS PURSUANT TO F.R.C.P. 12(b)(6) , OR IN THE ALTERNATIVE TO TRANSFER VENUE PURSUANT TO 28 U.S.C. SECTION 1404(A) , MEMORANDUM, CERTIFICATE OF SERVICE. (md) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

40

STIPULATION AND ORDER THAT PLAINTIFFS SHALL HAVE AN EXTENSION OF TIME THROUGH AND INCLUDING DECEMBER 22, 2000 TO FILE A RESPONSE TO THE MOTIONS TO DISMISS. ETC. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 12/5/00 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

41

PLAINTIFF EDWARD ANDERSON, PLAINTIFF THELMA OUTEN, PLAINTIFF LILLIAN LONGS, PLAINTIFF ELLA TATE, PLAINTIFF PATRICIA HAUS−HERNANDEZ, PLAINTIFF JODI POPE, PLAINTIFF SHEPPARD POPE, PLAINTIFF BILLIE MAE KLINZING, PLAINTIFF EVELYN URQUHART, PLAINTIFF CYNTHIA WODARSKI, PLAINTIFF THERESA NORMAN, PLAINTIFF ROSETTA SPIVEY, PLAINTIFF GLORIA COMITO'S Memorandum of Law in Response to DEFENDANTS' MOTIONS TO

Dec. 26, 2000

Dec. 26, 2000

43

Reply Memorandum by DEFENDANT DEPT OF HUMAN, DEFENDANT ALBA MARTINEZ, DEFENDANT MAXINE TUCKER in support of their motion to dismiss plffs' amended complaint, Certificate of Service. (gn) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

44

Appearance of SHERYL L. BROWN for DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL, DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA , Certificate of Service. (gn) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

45

MOTION by DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL, DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA FOR LEAVE TO FILE A REPLY BRIEF TO PLFFS' MEMORANDUM OF LAW IN RESPONSE TO DEFTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (REPLY BRIEF ATTACHED) (gn) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

46

Reply Memorandum by DEFENDANT DEPT OF HUMAN, DEFENDANT ALBA MARTINEZ, DEFENDANT MAXINE TUCKER in support of defts' motion to dismiss plffs' complaint, Certificate of Service. (gn) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

47

MOTION by PLAINTIFF EDWARD ANDERSON, PLAINTIFF THELMA OUTEN, PLAINTIFF LILLIAN LONGS, PLAINTIFF ELLA TATE, PLAINTIFF PATRICIA HAUS−HERNANDEZ, PLAINTIFF JODI POPE, PLAINTIFF SHEPPARD POPE, PLAINTIFF BILLIE MAE KLINZING, PLAINTIFF EVELYN URQUHART, PLAINTIFF CYNTHIA WODARSKI TO WITHDRAW MOTION FOR CLASS CERTIFICATION , CERTIFICATE OF SERVICE. (gn) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

48

ORDER GRANTING PLFFS' MOTION TO WITHDRAW MOTION FOR CLASS CERTIFICATION. PLFFS SHALL HAVE UNTIL 6/20/01 TO RE−FILE SAID MOTION. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 3/20/01 ENTERED AND COPIES MAILED AND FAXED. (gn) Modified on 03/20/2001 (Entered: 03/20/2001)

March 20, 2001

March 20, 2001

49

STIPULATION AND ORDER THAT DEFTS SHALL WITHDRAW ALL PENDING MOTIONS TO DISMISS, WITHOUT PREJUDICE. DEFTS SHALL NOT BE REQUIRED TO FILE AN ANSWER OR OTHERWISE PLEAD TO PLFF'S AMENDED COMPLAINT DURING THE PENDENCY OF SETTLEMENT DISCUSSIONS. PLFFS SHALL NOT SEEK JUDGMENT BY DEFAULT AGAINST DEFTS DURING THE PENDENCY OF THE SETTLEMENT DISCUSSIONS, ET. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 4/4/01 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 04/04/2001)

April 4, 2001

April 4, 2001

50

ORDER THAT THE CLERK OF THE COURT IS DIRECTED TO REMOVE THE MOTION OF DEFTS MONTGOMERY COUNTY CHILDREN &YOUTH SERVICS AND WALTER JUNEWICZ TO DISMISS PLFFS' AMENDED COMPLAINT (DOCKET #36) FROM THE COURT'S LIST OF PENDING MOTIONS. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 4/11/01 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

51

MOTION by PLAINTIFF EDWARD ANDERSON, PLAINTIFF THELMA OUTEN, PLAINTIFF LILLIAN LONGS, PLAINTIFF ELLA TATE, PLAINTIFF PATRICIA HAUS−HERNANDEZ, PLAINTIFF JODI POPE, PLAINTIFF SHEPPARD POPE, PLAINTIFF BILLIE MAE KLINZING, PLAINTIFF EVELYN URQUHART, PLAINTIFF CYNTHIA WODARSKI, PLAINTIFF THERESA NORMAN, PLAINTIFF ROSETTA SPIVEY, PLAINTIFF GLORIA COMITO FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

53

Reply by DEFENDANT MONROE COUNTY CHILD, DEFENDANT SAT BAHL, DEFENDANT BEAVER COUNTY CHILD, DEFENDANT VICTOR COLONNA to plffs' response to defts' motion to dismiss. (gn) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

54

Praecipe by DEFENDANT WASHINGTON CO CHILD, DEFENDANT JEFF FELTON to withdraw motion to transfer venue, Certificate of Service. (gn) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

55

ORDER THAT BECAUSE DEFENDANTS FILED A PRAECIPE TO WITHDRAW THEIR MOTION TO TRANSFER VENUE, THE CLERK OF COURT IS DIRECTED TO REMOVE DEFENDANTS' MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. &1404 FROM THE COURT'S LIST OF PENDING MOTIONS ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 7/31/01 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

56

Petition of DEFENDANT DEPT OF HUMAN, DEFENDANT ALBA . MARTINEZ, DEFENDANT MAXINE TUCKER for entry of Confidentiality Order, Certificate of Service. (gn) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

57

STIPULATION AND PROTECTIVE ORDER WITH COURT APPROVAL. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 1/17/02 ENTERED AND COPIES MAILED. (gn) (Entered: 01/17/2002)

Jan. 17, 2002

Jan. 17, 2002

Certain documents governed by Protective Order. (gn) (Entered: 01/17/2002)

Jan. 17, 2002

Jan. 17, 2002

58

ORDER THAT PLFFS' REQUEST TO WITHDRAW THEIR MOTION FOR CLASS CERTIFICATION WITHOUT PREJUDICE IS GRANTED AND THAT PLFFS SHALL HAVE UNTIL 6/21/02 TO RE−FILE SAID MOTION. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 3/12/02 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 03/12/2002)

March 12, 2002

March 12, 2002

59

UNOPPOSED MOTION TO AMEND COMPLAINT FILED BY PLFFS' EDWARD ANDERSON, GLORIA COMITO, PATRICIA HAUS−HERNANDEZ, BILLIE MAE KLINZING, LILLIAN LONGS, THERESA NORMAN, THELMA OUTEN, JODI POPE, SHEPPARD POPE, ROSETTA SPIVEY, ELLA TATE, EVELYN URQUHART, CYNTHIA WODARSKI, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (AMENDED COMPLAINT ATTACHED) (Attachments: # 1 Exhibit C Second Amended Complaint# 2 Appendix D)(gn, ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

60

SECOND AMENDED COMPLAINT against SAT BAHL, BEAVER COUNTY CHILDREN AND YOUTH SERVICES, VICTOR COLONNA, DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA, JEFF FELTON, FEATHER O. HOUSTOUN, WALTER JUNEWICZ, LANCASTER COUNTY CHILDREN AND YOUTH SERVICES, JOANN R. LAWER, ALBA. MARTINEZ, MONROE COUNTY CHILDREN AND YOUTH SERVICES, MONTGOMERY COUNTY CHILDREN AND YOUTH SERVICES, JILL McVEY, MAXINE TUCKER, WASHINGTON COUNTY CHILDREN AND YOUTH SERVICES, filed by plffs' EVAN VAZQUEZ, ELISIA L. VAZQUEZ, GLORIA COMITO, ROSETTA SPIVEY, THERESA NORMAN, EDWARD ANDERSON, PATRICIA HAUS−HERNANDEZ, BILLIE MAE KLINZING, LILLIAN LONGS, THELMA OUTEN, JODI POPE, SHEPPARD POPE, ELLA TATE, EVELYN URQUHART, CYNTHIA WODARSKI.(gn, ) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

61

ORDER THAT PLFFS' UNOPPOSED MOTION TO AMEND COMPLAINT IS GRANTED. ACCORDINGLY, THE CLERK OF THE COURT SHALL FILE THE ATTACHED DOCUMENT AS PLFFS' SECOND AMENDED COMPLAINT. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 5/6/04.) 5/7/04 ENTERED AND COPIES MAILED AND FAXED. (gn, ) (Entered:

May 7, 2004

May 7, 2004

63

UNOPPOSED AMENDED MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FILED BY PLFFS' EDWARD ANDERSON, GLORIA COMITO, PATRICIA HAUS−HERNANDEZ, BILLIE MAE KLINZING, LILLIAN LONGS, THERESA NORMAN, THELMA OUTEN, JODI POPE, SHEPPARD POPE, ROSETTA SPIVEY, ELLA TATE, EVELYN URQUHART, ELISIA L. VAZQUEZ, EVAN VAZQUEZ, CYNTHIA WODARSKI, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(gn, ) (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

64

ORDER THAT PLAINTIFF'S UNOPPOSED AMENDED MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS IS GRANTED. SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 10/28/04.10/29/04 ENTERED AND COPIES MAILED, E−MAILED AND FAXED. (mac, ) (Entered: 10/29/2004)

Oct. 29, 2004

Oct. 29, 2004

Copy of order dated 10/29/04 and envelope returned by the U.S. Postal Service and addressed to Marsha Levick for the following reason: Not deliverable as addressed. (gn, ) (Entered: 11/04/2004)

Nov. 4, 2004

Nov. 4, 2004

65

ORDER THAT THE COURT WILL HOLD A HEARING TO CONSIDER THE PROPOSED CLASS SETTLEMENT IN THE ABOVE−CAPTIONED CASE ON 2/7/05 AT 2:00 P.M. IN COURTROOM 3−A, U.S. COURTHOUSE.SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 12/27/04. 12/28/04 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(cdd, ) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

66

MOTION for Approval of Notice of Settlement Hearing filed by DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA, ALBA. MARTINEZ, MAXINE TUCKER.Local Rule Certification. (Attachments: # 1 Exhibit Exhibit "A" − Proposed Notice# 2 Local Rule Certification# 3 Text of Proposed Order Proposed Order Approving Notice)(STAUSS, TIMOTHY) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

67

CERTIFICATE OF SERVICE by DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA, ALBA. MARTINEZ, MAXINE TUCKER re 66 MOTION for Approval of Notice of Settlement Hearing (STAUSS, TIMOTHY) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

68

ORDER THAT PURSUANT TO FRCP 23(e)(1)(B) FOR PARTIES SHALL PUBLISH THE NOTICE ATTACHED HERETO NO LATER THAN 1/24/05, IN THE FOLLOWING NEWSPAPERS: THE PHILA. INQUIRER; THE TIMES HERALD (NORRISTOWN); THE LANCASTER INTELLIGENCER JOURNAL (MORNING AND EVENING EDITIONS); THE PITTSBURGH POST GAZETTE; THE ERIE TIMES NEWS; THE JOHNSTOWN TRIBUNE DEMOCRAT; THE WILKES BARRE TIMES LEADER; THE SCRANTON TIMES; THE YORK DAILY RECORD; THE HARRISBURG PATRIOT NEWS; THE ALLENTOWN MORNING CALL; THE BEAVER COUNTY TIMES; THE POCONO RECORD; AND THE WASHING COUNTY OBSERVER REPORTER. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 1/14/05. ) 1/14/05 ENTERED AND COPIES MAILED E−MAILED AND FAXED.(gn, ) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

69

Second MOTION for Approval of Notice of Settlement Hearing filed by DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA, ALBA. MARTINEZ, MAXINE TUCKER.Local Rule 7.1 Certification. (Attachments: # 1 Exhibit A# 2 Local Rule 7.1 Certification# 3 Text of Proposed Order)(STAUSS, TIMOTHY) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

71

MOTION for Approval of Notice of Settlement Hearing filed by DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA.Rule 7.1(b) Certification. (Attachments: # 1 Exhibit Exhibit A Notice of Proposed Settlement# 2 Local Rule 7.1(b) Certification# 3 Text of Proposed Order Order)(STAUSS, TIMOTHY) Modified on 3/4/2005 (np). (Entered: 03/02/2005)

March 2, 2005

March 2, 2005

72

ORDER THAT PURSUANT TO FRCP 23(e)(1)(B), THE PARTIES SHALL PUBLISH THE NOTICE ATTACHED HERETO NO LATER THAN 3/8/05 IN THE FOLLOWING NEWSPAPERS: THE PHILA. INQUIRER; THE TIMES HEALD (NORRISTOWN); THE LANCASTER INTELLIGENCER JOURNAL (MORNING AND EVENING EDITIONS); THE PITTSBURGH POST GAZETTE; THE ERIE TIMES NEWS, ETC. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 3/2/05. ) 3/3/05 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(gn, ) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

Copy of order dated 3/3/05 and envelope returned by the U.S. Postal Service and addressed to Marsha L. Levick for the following reason: Return to Sender. (gn, ) (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

73

Minute Entry for proceedings held before Judge BRUCE W. KAUFFMAN : Settlement Hearing held on 3/14/05. ESR Operator: Michael Beck. (gn, ) (Entered: 03/15/2005)

March 14, 2005

March 14, 2005

74

EXHIBITS PER JUDGE KAUFFMAN'S REQUEST. (gn, ) (Entered: 03/15/2005)

March 14, 2005

March 14, 2005

75

Proof of Publication by the deft BEAVER COUNTY CHILDREN &YOUTH SERVICES AND VICTOR COLONNA of the Legal Notice in the Beaver County Times on 3/8/05 and which was provided in open Court as an exhibit during the hearing on 3/14/05 on approval of settlement. (gn, ) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

76

ORDER THAT THE SETTLEMENT AGREEMENT IS APPROVED AND CONFIRMED AS BEING FAIR, REASONABLE,AND ADEQUATE AS TO ALL MEMBERS OF THE CLASS. THE CLERK OF THE COURT IS DIRECTED TO ENTER THIS ORDER AS A FINAL JUDGMENT, AND THIS CASE IS DISMISSED WITH PREJUDICE PURSUANT TO FRCP 41(a)(2). ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ON 3/31/05. ) 4/1/05 ENTERED AND COPIES MAILED AND E−MAILED.(gn, ) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

77

CERTIFICATE OF SERVICE by WASHINGTON COUNTY CHILDREN AND YOUTH SERVICES, JEFF FELTON in connection with the Notice Letter pursuant to II.C.2 of the Settlement Agreement (GONZALES, JOHN) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

78

AFFIDAVIT Certification of Service by DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA. (FREY, WILLIAM) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

Case Details

State / Territory: Pennsylvania

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 16, 2000

Closing Date: April 1, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, either relatives of the children or close friends of the children's parents, are adult care givers caring for children whose parents are unable to provide care. Named plaintiffs also include children in such care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Human Services of the City of Philadelphia, State

Lancaster County Children and Youth Services , County

Monroe County Children and Youth Services , County

Beaver County Children and Youth Services, County

Montgomery County Children and Youth Services, County

Washington County Children and Youth Services, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2005

Content of Injunction:

Auditing

Preliminary relief granted

Issues

General:

Foster care (benefits, training)

Funding

Juveniles

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Relative caretakers

Affected Gender:

Female

Male

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act