Case: David C. v. Leavitt

U.S. Court of Appeals for the Tenth Circuit

Leavitt v. David C.

Supreme Court of the United States

David C. v. Governor of Utah

David C. v. Huntsman

Complaint filed, assigned to Judge DKW Receipt #: ifp (Entered: 02/26/1993)

Motion by David C. for protective order re: use of pseudomyms (Entered: 02/26/1993)

Motion by David C. for Patrice McElroy to appear pro hac vice

Motion by David C. for William L. Grimm to appear pro hac vice

Motion by David C. for Elizabeth Steyer to appear pro hac vice

Order granting [0-1] motion for William L. Grimm to appear pro hac vice signed by DKW, 3/2/93; cc:attys (Entered: 03/02/1993)

Order granting [0-1] motion for Patrice McElroy to appear pro hac vice signed by DKW, 3/2/93 (Entered: 03/02/1993)

Order granting [0-1] motion for Elizabeth Steyer to appear pro hac vice signed by DKW, 3/2/93; cc:attys (Entered: 03/02/1993)

Order of Reference referring case to Mag pursuant to 28 USC 636(b0(1)(B) signed by DKW, 3/16/93; cc:attys (Entered: 03/16/1993)

Motion by David C. for leave to file overlength memo in support of mot/to certify class action (Entered: 03/16/1993)

Order granting [7-1] motion for leave to file overlength memo in support of mot/to certify class action signed by DKW, 3/16/93; cc:attys (Entered: 03/16/1993)

Motion by David C. to certify class action (Entered: 03/16/1993)

Memorandum by David C. in support of [9-1] motion to certify class action (Entered: 03/16/1993)

Motion by David C. for Martha Matthews to appear pro hac vice

Order granting [0-1] motion for Martha Matthews to appear pro hac vice signed by DKW, 3/18/93; cc:attys (Entered: 03/18/1993)

Case referred to Judge Samuel Alba (Entered: 03/19/1993)

Acknowledgement of service as to Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson 3/15/93 Answer due on 4/5/93 for Barbara Thompson, for Ronald Stromberg, for Michael Stewart, for Michael Leavitt (Entered: 03/19/1993)

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) Modified on 04/08/1993 (Entered: 04/06/1993)

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in support of [14-1] motion to extend time to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) (Entered: 04/06/1993)

Memorandum by David C. in opposition to [14-1] motion to extend time to resp to pla's mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) (Entered: 04/08/1993)

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson for protective order re: gov't records access and management act requests (Entered: 04/13/1993)

Notice of Hearing filed by defendant Michael Leavitt, defendant Michael Stewart, defendant Ronald Stromberg, defendant Barbara Thompson : Motion hearing set for 1:30 4/16/93 for [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) JUDGE: SA (ce) (Entered: 04/15/1993)

Minute entry:, Motion hearing held for [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93) granting in part, denying in part [14-1] motion to extend time to respond to plas mot/to certify class to 15 days after Court's decision on dft's motion to dismiss (motion to be filed by 4/30/93), Response to motion set for 4/22/93 for [9-1] motion to certify class action, Reply to Response to Motion set to 4/27/93 [9-1] motion to certify class action, Motion hearing set for 2:00 4/30/93 for [9-1] motion to certify class action ; Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 04/16/1993)

Notice of Hearing filed : Motion hearing set for 2:00 4/30/93 for [9-1] motion to certify class action JUDGE: SA; cc:attys (Entered: 04/19/1993)

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in opposition to [9-1] motion to certify class action (Entered: 04/23/1993)

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip to extend time to 5/4/93 for dfts to respond to cmplt (Entered: 04/23/1993)

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re atty-client communication (Entered: 04/23/1993)

Notice of address of Craig L.Barlow and Linda Luinstra by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 04/23/1993)

Order granting [23-1] stipulation motion stip for protective order re atty-client communication signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

Order granting [2-1] motion for protective order re: use of pseudomyms signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

Order granting [22-1] stipulation motion stip to extend time to 5/4/93 for dfts to respond to cmplt, answer due set for 5/4/93 for Barbara Thompson, for Ronald Stromberg, for Michael Stewart, for Michael Leavitt signed by SA, 4/26/93; cc:attys (Entered: 04/27/1993)

Reply by David C. to response to [9-1] motion to certify class action (Entered: 04/28/1993)

Minute entry:, Motion hearing held for [9-1] motion to certify class action [9-1] motion to certify class action taken under advisement. Crt will issue a written ruling by 5/6/93. Judge: Samuel Alba Court Reporter: Electronic & Pam Smith Court Deputy: Kathlyn Shauklas (Entered: 04/30/1993)

Order, extending time to file response to cmplt. Dfts shall file response w/i 10 days after they are notified in writing by cnsl for plas that response should be filed, terminated deadlines signed by SA, 4/30/93; cc:attys (Entered: 04/30/1993)

Amended Protective Order re: [2-1] motion for protective order re: use of pseudomyms signed by SA, 4/30/93; cc:attys (Entered: 04/30/1993)

SEALED DOCUMENT (Entered: 05/03/1993)

Order granting [9-1] motion to certify class action; Class defined as 1. all children who are now or who will be in the custody of DHS and who have bben or who will be placed by DHS in a shelter care facility, foster-family home, group home or institutional care; and 2. all children who are or who will be known to DHS by virtue of a report of abuse or neglect signed by SA, 5/7/93; cc:attys (Entered: 05/07/1993)

Objections by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson [33-1] order re: class certification. (Entered: 05/13/1993)

Transcript of Proceedings-Motion to Certify a Class Action for dates of 4/30/93 before SA.

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re: health care information about members of pla class (Entered: 06/02/1993)

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order (Entered: 06/03/1993)

Order granting [35-1] stipulation motion stip for protective order re: health care information about members of pla class, granting [36-1] stipulation motion stip for protective order signed by SA, 6/2/93; cc:attys (Entered: 06/03/1993)

Certificate of service of 1st interrog and req for prod/docs by David C. (Entered: 09/14/1993)

Notice by David C. to take deposition of Medical Records of The Children's Center, Primary Children's Medical Center, 10/22/93. (Entered: 10/08/1993)

Return of service of depo subpoenas as to Records Librarian of The Children's Center c/o Laura McKee and of Primary Children's Medical Center c/o Natalie Akers executed 10/7/93. (Entered: 10/08/1993)

Certificate of service of objs and responses to plas' 1st req for prod/docs and objs to plas' 1st interrog by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 10/14/1993)

Notice of filing receipt of copy of dfts' ans to plas' 1st interrog by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 10/18/1993)

Return of service executed on Wayne Walsh on 11/23/93 for subpoena for prod of docs. (ss) (Entered: 11/26/1993)

Return of service of subpoena as to Wayne Welsh executed 11/23/93 (Entered: 12/01/1993)

Certificate of service of responses to 1st req for prod/docs by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 12/08/1993)

Certificate of service of amd response to plas' 1st req for prod/docs by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson (Entered: 12/08/1993)

Notice by David C. to take deposition of Colleen Woodbury & James Maxwell set for 1/6/94 (ce) (Entered: 12/28/1993)

Amended Notice by David C. to take deposition of Colleen Woodbury James Maxwell reset for 1/6/94 (ce) (Entered: 12/29/1993)

Return of service executed of Subpoena as to Colleen Woodbury, James Maxwell exec 12/23/93 (Entered: 12/29/1993)

Ntc of issuance of subp pursuant to Rule 45 FRCP District Court: Utah by plaintiff David C. re: subpoena duces tecum to custodian of records of Pioneer Valley Hosp on 1/13/94. (Entered: 01/14/1994)

Notice by David C. to take deposition duces tecum of Larry Maxwells, custodian of records of Salt Lake Cnty Sheriff's Office, 1/19/94 (Entered: 01/20/1994)

Return of service of subpoena duces tecum as to Pioneer Valley Hospital c/o Rosemary Martinez executed 1/13/94 (Entered: 01/20/1994)

Return of service of subpoena as to Larry Maxwells of SL Cnty sheriff's executed 1/19/94. (Entered: 01/25/1994)

Notice of filing by David C. re issuance of subp duces tecum upon custodian of records of the West Valley Police Dept; custodian of records of Primary Children's Med Cntr (ce) (Entered: 04/14/1994)

Notice of filing by David C.: notice of issuance of subp upon State of Utah, Dept of Human Svcs c/o Kerry Steadman, 4/14/94; custodian of records of Dept. of Human Svc, 4/14/94 (ce) (Entered: 04/15/1994)

Notice by David C. to take deposition of designated employees of the State of Utah, Dept of Human Svcs, 4/21/94 (ce) (Entered: 04/15/1994)

Return of service executed re subp duces tecum served on Custodian of Records, West Valley Police Dept, 4/13/94; Custodian of Records, Primary Children's Medical Center, 4/13/94; Custodian of Records, West Valley Police Dept, 4/13/94 (ce) (Entered: 04/18/1994)

Return of service executed re subp served on State of Utah, Dept of Human Svcs c/o Tina Braby, 4/14/94 (ce) (Entered: 04/19/1994)

Motion by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to quash subp duces tecum served on Jack Green (ce) (Entered: 04/20/1994)

Memorandum by Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson in support of [59-1] motion to quash subp duces tecum served on Jack Green (ce) (Entered: 04/20/1994)

Certificate of service by David C. re issuance of subp duces tecum served on custodian of records of Dr. Rob Lindsay; custodian of records of FHP on 4/26/94 (ce) (Entered: 04/27/1994)

Return of service executed re subp served on Custodian of Records, Dr. Rob Lindsay, 4/26/94; Custodian of Records, FHP c/o Karen Busby, 4/26/94 (ce) (Entered: 05/02/1994)

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip for protective order re confidential doc (ce) (Entered: 05/20/1994)

Order granting [63-1] stipulation motion stip for protective order re confidential doc signed by SA, 5/19/94. cc: atty (ce) (Entered: 05/20/1994)

Status conference set at 8:30 6/3/94 (kj)

Additional Exhibits filed by plaintiff David C. RE: for joint report to crt & mot/for prel approval of settlement (ce) (Entered: 05/31/1994)

Notice of filing by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson Joint Report to the Court (ce) (Entered: 05/31/1994)

Minute entry:, preliminary settlement hearing held, pla rep by William L. Grimm, Patrice McElroy, Michael O'Brien, & Daniel Kaplan, dft rep by Linda Luinstra-Baldwin; prelim sttlmt agreement approved by Court & Court executed prelim sttlmt order; Mr. O'Brien submitted a videotape of TV coverage (exhibit G); final settlement hearing set for 8:30 8/26/94 ; Judge: DKW Court Reporter: Ray Fenlon Court Deputy: Kim Jones (kj) (Entered: 06/03/1994)

Receipt re: return of exhibits for storage, exibit G (kj) (Entered: 06/03/1994)

Order granting [66-1] motion for preliminary approval of settlement signed by DKW, 6/3/94. A final hrg for approval of settlement set for 8/26/94 at 8:30 a.m. cc: atty (ce) (Entered: 06/03/1994)

Settlement conference set on 8:30 8/26/94 (ce)

Status conference set at 8:30 8/29/94 (kj)

Amended Notice of Hearing filed : settlement conference reset for 8:00 8/29/94 JUDGE: DKW. cc: atty (ce) (Entered: 06/10/1994)

Notice of filing by David C.: Submission of addt'l community group endorsements of settlement agreement (ce) (Entered: 06/15/1994)

Notice of attorney appearance, pro se by Lynn A. Jenkins I by (ce) (Entered: 06/15/1994)

Stipulation by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson stip to extend time for parties to negotiate & attempt to reach a settlement re amt of atty fees & costs to be paid in this matter - until 7/29/94 (ce) (Entered: 06/24/1994)

Order granting [73-1] stipulation motion stip to extend time for parties to negotiate & attempt to reach a settlement re amt of atty fees & costs to be paid in this matter - until 7/29/94 signed by DKW, 6/24/94. cc: atty (ce) (Entered: 06/24/1994)

Joint motion by David C., Michael Leavitt, Michael Stewart, Ronald Stromberg, Barbara Thompson to substitute party: delete Mike Stewart & add Kerry Steadman as the Exec Director of the Utah Dept of Human Svcs; delete Ronald Stromberg & delete Barbara Thompson & add Mary Noonan as the Director of the DHS Div of Family Svcs (ce) (Entered: 06/27/1994)

Order granting [75-1] joint motion to substitute party: delete Mike Stewart & add Kerry Steadman as the Exec Director of the Utah Dept of Human Svcs; delete Ronald Stromberg & delete Barbara Thompson & add Mary Noonan as the Director of the DHS Div of Family Svcs signed by DKW, 6/25/94. cc: atty (ce) (Entered: 06/27/1994)

Notice of filing selection of settlement agreement monitoring panel by David C. (ce) (Entered: 07/08/1994)

Letter to DKW from Michael Patrick O'Brien, Esq., cnsl for pla re possible settlement of issue of award of atty fees/costs & an extension of time until 8/29/94 re: this matter. DKW has no objections. (ce) (Entered: 08/02/1994)

Affidavit of Mary T. Noonan (ce) (Entered: 08/26/1994)

Affidavit of Terry Twitchell (ce) (Entered: 08/26/1994)

Objections by Lynn A. Jenkins I to proposed settlement (ce) (Entered: 08/26/1994)

Additional Exhibit filed by plaintiff David C. to memo in supp of mot/final approval of class action settlement (ce) (Entered: 08/29/1994)

Notice of filing by David C. Additional Public Comments on Settlement Agreement (ce) (Entered: 08/29/1994)

Motion to intervene by Scott H. Clark (ce) (Entered: 08/29/1994)

Memorandum by Scott H. Clark in support of [86-1] motion to intervene by Scott H. Clark (ce) (Entered: 08/29/1994)

Order of final approval of settlement agreement signed by DKW, 8/29/94. For particulars, see order in file. cc: atty (ce) (Entered: 08/29/1994)

Order re settlement agreement & terms thereof signed by DKW, 8/29/94. For details, see order in file. cc: atty (ce) (Entered: 08/29/1994)

Minute entry:, for settlement conference . This hrg is re the jt mot for final approval of the class action settlement. Mr.O'Brian summarizes the contents of the settlement which seeks declaratory and injunctive relief only. The Ct invites comments from those who are present for this hrg and obj to the form of settlement and reviews the written objs. Scott H.Clark's mot/intervene, filed August 26,1994 is discussed, however the Ct will not rule on it. It is the ord of the Ct that the settlement agreement be approved as a binding resolution to this complaint, and the order of final approval of settlement is executed. The Ct further approves the second ord and signs that which has attached to it, a true copy of the May 17,1994 agreement. ; Judge: David K. Winder Court Reporter: Ray Fenlon Court Deputy: LaRene Christensen (Entered: 08/30/1994)

Case closed (ce)

CASE NO LONGER REFERRED TO Judge Samuel Alba (ce)

Joint motion by David C., Michael Leavitt, Kerry Steadman, Mary Noonan for final approval of class action settlement (ce) (Entered: 09/16/1994)

Memorandum by David C., Michael Leavitt, Kerry Steadman, Mary Noonan in support of [89-1] joint motion for final approval of class action settlement (ce) (Entered: 09/16/1994)