Case: Arc of Delaware v. Meconi

COMPLAINT filed; Mag consent notice to Pltf. FILING FEE $ 150.00 RECEIPT # 132194 (mwm) (Entered: 04/08/2002)

MOTION by The Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond for Judith A. Gran, Barbara E. Ransom to Appear Pro Hac Vice re: [2−1] motion (mwm) (Entered: 04/08/2002)

SUMMONS(ES) issued for Dept of Health, Div of Developmental copies to: counsel (bkb) (Entered: 04/08/2002)

RETURN OF SERVICE executed as to Dept of Health 4/9/02 Answer due on 4/29/02 for Dept of Health (bkb) (Entered: 04/15/2002)

RETURN OF SERVICE executed 4/8/02 upon Atty. General (bkb) (Entered: 04/15/2002)

RETURN OF SERVICE executed as to Div of Developmental 4/10/02 Answer due on 4/30/02 for Div of Developmental (bkb) (Entered: 04/15/2002)

RETURN OF SERVICE executed as to Vincent Meconi 4/8/02 Answer due on 4/29/02 for Vincent Meconi (bkb) (Entered: 04/15/2002)

RETURN OF SERVICE executed as to Marianne Smith 4/8/02 Answer due on 4/29/02 for Marianne Smith (bkb) (Entered: 04/15/2002)

MOTION by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability for Enlargement of Time Answer Brief due 5/13/02 re: [8−1] motion (dab) (Entered: 04/29/2002)

CASE assigned to Judge Roderick R. McKelvie . Notice to all parties. (rjb) (Entered: 05/01/2002)

STIPULATION: the defendants shall respond to complaint by 6/13/02. (ntl) (Entered: 05/07/2002)

Deadline updated; reset Answer deadline to 6/13/02 for Develop Disability, for Dept of Health, for Marianne Smith, for Vincent Meconi (ntl) (Entered: 05/07/2002)

Letter from A. Ann Woolfolk, Esq. to Judge McKelvie re dfts' motion for enlargement of time is withdrawn. (ntl) (Entered: 05/07/2002)

WITHDRAWAL of [8−1] motion for Enlargement of Time (ntl) (Entered: 05/07/2002)

NOTICE of attorney appearance for Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, filed by John H Newcomer Jr. (rwc) (Entered: 06/12/2002)

CASE reassigned to Vacant Judgeship . Notice to all parties. (rjb) (Entered: 06/14/2002)

CASE REFERRED to Judge Mary P. Thynge (rjb) (Entered: 06/14/2002)

MOTION by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond for Temporary Restraining Order , and for Preliminary Injunction Answer Brief due 7/8/02 re: [14−1] motion, Answer Brief due 7/8/02 re: [14−2] motion (ntl) (Entered: 06/24/2002)

Opening Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [14−1] motion for Temporary Restraining Order, [14−2] motion for Preliminary Injunction (ntl) (Entered: 06/24/2002)

Appendix to Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [15−1]

So Ordered granting [17−1] motion for David J. MacMain, Michael D. Epstein and Patrick T. Ryan to Appear Pro Hac Vice ( signed by Judge Mary P. Thynge ) Notice to all parties. (ntl) (Entered: 07/01/2002)

MOTION with OPENING BRIEF in support by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability to Dismiss (ntl) (Entered: 07/11/2002)

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending D.I. 18. (ntl) (Entered: 07/11/2002)

Answer Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability [14−1] motion for Temporary Restraining Order − Reply Brief due 7/31/02, [14−2] motion for Preliminary Injunction − Reply Brief due 7/31/02 (maw) (Entered: 07/26/2002)

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [20−1] answer brief (maw) (Entered: 07/26/2002)

ORDER, set Status Report deadline to 8/20/02 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 07/31/2002)

Letter dated 8/7/02 from Patrick Ryan, Esq. to clerk re corrected tab 4 to D.I. 21. (ntl) (Entered: 08/09/2002)

Answer Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [18−1] motion to Dismiss (ntl) (Entered: 08/13/2002)

Appendix to Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [24−1] answer brief (ntl) (Entered: 08/13/2002)

JOINT STATUS REPORT by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond, Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability (ntl) (Entered: 08/21/2002)

Letter from Patrick Ryan, Esq. to Judge Thynge re D.I. 26. (ntl) (Entered: 08/21/2002)

Letter dated 8/23/02 from Barbara Ransom to Judge Thynge re ptfs will not file reply brief in support of its motion for TRO or preliminary injunction; request for oral argument. (ntl) (Entered: 09/06/2002)

Letter dated 8/23/02 from Barbara Ransom to Judge Thynge re supplemental precedential opinions on the jurisdictional issues briefed by the parties on the dfts' motion to dismiss. (ntl) (Entered: 09/06/2002)

Reply Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability [18−1] motion to Dismiss (ntl) (Entered: 09/09/2002)

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [30−1] reply brief (ntl) (Entered: 09/09/2002)

ORDER, Motion Hearing set for 11:00 9/19/02 for [14−1] motion for Temporary Restraining Order, set for 11:00 9/19/02 for [14−2] motion for Preliminary Injunction ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 09/12/2002)

ORDER, Motion Hearing reset for 2:00 10/2/02 for [14−1] motion for Temporary Restraining Order, reset for 2:00 10/2/02 for [14−2] motion for Preliminary Injunction ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 09/19/2002)

Notice of Additional Evidence Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [15−1] opening brief in support of motion for preliminary injunction (ntl) (Entered: 09/26/2002)

Motion hearing held re: [14−1] motion for Temporary Restraining Order, [14−2] motion for Preliminary Injunction; rprtr. K. Maurer (ntl) (Entered: 10/02/2002)

Supplemental Declaration of Valerie J. Smith in response to ptf's motion for preliminary injunction. (ntl) (Entered: 10/02/2002)

Letter from Patrick Ryan, Esq. to Judge Thynge re D.I. 35. (ntl) (Entered: 10/02/2002)

Steno Notes for 10/2/02; rprtr. K. Maurer (ntl) (Entered: 10/03/2002)

ORDER, set Telephone Status/Scheduling Conference for 9:30 10/21/02 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/07/2002)

Letter from Daniel Atkins, Esq. to Judge Thynge re teleconference scheduled for 10/21/02 at 9:30. (ntl) (Entered: 10/15/2002)

Tele−conference held (J. Thynge); rprtr. B. Gaffigan (ntl) (Entered: 10/21/2002)

Steno Notes for 10/21/02; rprtr. B. Gaffigan (ntl) (Entered: 10/21/2002)

FINAL PRETRIAL and TRIAL MANAGEMENT ORDER ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/22/2002)

SCHEDULING ORDER: discovery cutoff to be completed 60 days after rebuttal expert disclosures; case dispositive motions due within 21 days after the close of discovery; ptfs' motion and opening brief on class certification due 11/6/02, dfts' answering brief due 1/29/03, ptfs' reply brief due 3/3/03; the dates for the pretrial conference and trial will be discussed during the next scheduling conference; ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/22/2002)

TRANSCRIPT filed [0−0] telephone conference for dates of 10/21/02 (ntl) (Entered: 11/01/2002)

MOTION by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond with Proposed Order For Class Certification Answer Brief due 11/15/02 re: [44−1] motion (ntl) (Entered: 11/04/2002)

Opening Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [44−1] motion For Class Certification (ntl) (Entered: 11/04/2002)

Appendix to Brief (unreported decisions) Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [45−1] opening brief (ntl) (Entered: 11/04/2002)

TRANSCRIPT filed [0−0] motion hearing for dates of 10/2/02 (ntl) (Entered: 11/04/2002)

Letter from Daniel Atkins, Esq. to Judge Thynge re page limitation. (ntl) (Entered: 11/12/2002)

ORDER: the form and length of the class certification briefs shall be in conformity with the local rules; ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 11/13/2002)

CERTIFICATE OF SERVICE by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, Re: Deft's 1st set of Req. for Admissions and Interrogatories, were served. (rwc) (Entered: 01/02/2003)

CASE reassigned to Judge Kent A. Jordan (CASE NO LONGER REFERRED TO Magistrate Judge Mary P. Thynge ) Notice to all parties. (ntl) (Entered: 01/06/2003)

STIPULATION with proposed order extending time to 2/12/03 for Deft's to file response to Pltf's Motion [DI#44] for Class Certification. (rwc) (Entered: 02/03/2003)

So Ordered granting [52−1] stipulation reset Answer Brief Deadline to 2/12/03 re: [44−1] motion For Class Certification ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 02/04/2003)

Answer Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, in opposition to [44−1] motion For Class Certification − Reply Brief due 2/19/03 (rwc) (Entered: 02/13/2003)

Appendix of Materials and Unreported Decisions Cited in [DI# 53] Answering Brief. Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [53−1] answer brief (rwc) (Entered: 02/13/2003)

STIPULATION with proposed order for Revision of 10/21/02 Scheduling Order Re: Motion [DI#44] for Class Certification: (1) Pltf's shall file Reply Brief by 4/3/03; (2) Deft's shall respond to Pltf's Req. for Prod. by 3/21/03; and (3) Deft's will have 10−days from receipt of Reply Brief to file Surreply. (rwc) (Entered: 03/03/2003)

So Ordered granting [55−1] stipulation reset Reply Brief Deadline to 4/3/03 re: [44−1] motion For Class Certification ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 03/04/2003)

CERTIFICATE OF SERVICE by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability re objections and responses to ptfs' 1st set of requests for prod. of docs. (ntl) (Entered: 03/24/2003)

STIPULATION with proposed order Regarding Confidentiality. (rwc) (Entered: 04/04/2003)

So Ordered granting [57−1] Stipulated Protective Order ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 04/04/2003)

STIPULATION with proposed order for a Revision to the 10/21/02 Scheduling Order Regarding Plaintiff's Motion for Class Certification: (1) Deft will complete document production by 4/17/03; (2) Pltf shall file Reply Brief by 5/2/03 Re: Motion [44−1] for Class Certification; Defts shall file Surreply by 5/14/03. (rwc) (Entered: 04/04/2003)

So Ordered granting [58−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 04/08/2003)

Letter dated 4/15/03 from Barbara Ransom, Esq. to Judge Jordan encl. copy of Bruggeman v. Blagojevich decision from the Seventh Circuit. (ntl) (Entered: 04/24/2003)

Letter dated 4/25/03 to Judge Jordan by Patrick T. Ryan, Esq., enclosing two recent decisions supplementing Deft's Motion to Dismiss. (rwc) (Entered: 04/30/2003)

Notice of Deficiency from the court to defendant Vincent Meconi, defendant Marianne Smith, defendant Dept of Health, defendant Develop Disability, Re: Letter DI#60 not signed by local counsel or copy provided to Clerk of Court. (rwc) (Entered: 04/30/2003)

STIPULATION with proposed order extending time to 5/12/03 for Pltf's to file Reply Brief; and to 5/29/03 for Deft's to file any Surreply, Re: Motion [44−1] for Class Certification. (rwc) (Entered: 05/12/2003)

Reply Brief Filed by Arc of Delaware, et al., in support of [44−1] motion For Class Certification (rwc) (Entered: 05/12/2003)

Appendix to Brief Filed by Arc of Delaware; Appending [64−1] reply brief (rwc) (Entered: 05/12/2003)

So Ordered granting [63−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 05/13/2003)

SUR−REPLY BRIEF filed by Vincent Meconi, Marianne Smith in further opposition to [44−1] Motion For Class Certification (rwc) (Entered: 05/29/2003)

Appendix of Unreported Decisions Filed by Vincent Meconi, Marianne Smith Appending [66−1] Sur−Reply Brief (rwc) (Entered: 05/29/2003)

STIPULATION Regarding Compromise Negotiations with proposed order filed by the parties. (rwc) (Entered: 07/09/2003)

So Ordered granting [68−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 07/10/2003)

ORDER, set Telephone Conference for 9:00 on 9/30/03 to discuss outstanding motions ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 09/22/2003)

Tele−conference held before Judge Jordan. All pending motions are denied without prejudice. Order to issues (Ct Rptr V. Gunning). (rwc) Modified on 09/30/2003 (Entered: 09/30/2003)

ORDER − denying the following motions without prejudice: [44−1] motion For Class Certification, denying [18−1] motion to Dismiss, denying [14−1] motion for Temporary Restraining Order, denying [14−2] motion for Preliminary Injunction. The parties shall notify the Court by 10/30/03 regarding the status of negotiations. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 09/30/2003)

STATUS LETTER dated 10/30/03 to Judge Jordan by Richard M. Donaldson, Esq., requesting deferrment from entry of scheduling order for 30−days. (rwc) (Entered: 10/31/2003)

Letter from Richard Donaldson to Judge Jordan re request to defer entry of scheduling order for 60 days; settlement pending. (ntl) (Entered: 11/26/2003)

ORDER, set Notice of Compliance deadline to 1/26/04 for parties to either file a stipulation of dismissal or call to set−up a scheduling conference. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 12/02/2003)

Letter dated 1/28/04 to Judge Jordan by Richard M. Donaldson, Esq., Re: Request for extension of time to 2/27/04 to finalize settlement. (rwc) (Entered: 01/29/2004)

ORDER, set Tele−Scheduling Conference for 9:30 3/15/04 ( signed by Judge Kent A. Jordan ) copies to: cnsl. (ntl) (Entered: 03/01/2004)

Letter dated 3/10/04 to Judge Jordan by Richard M. Donaldson, Esq., Re: Proposed scheduling order dates and briefing schedule submitted for 3/15/04 teleconference. (rwc) (Entered: 03/11/2004)

Scheduling teleconference held before Judge Jordan. (Ct Rptr K. Maurer) (rwc) (Entered: 03/15/2004)

Steno Notes filed by Ct Rptr K. Maurer for 3/15/04 (rwc) (Entered: 03/16/2004)

Notice of Deficiency from the court to Barbara E. Ransom, Esq., Re: DI#78 was not signed by local counsel; insufficient number of copies rec'd. (rwc) (Entered: 03/18/2004)

SCHEDULING ORDER: setting Discovery cutoff to 9/15/04; Status Report is due on 8/3/04; Status Conference set for 4:30 on 8/10/04; Deadline for filing dispositive motions is 10/15/04; Pretrial conference set for 4:30 on 2/15/05; Proposed Pretrial Order due on 2/10/05; Bench Trial (5−days) set for 9:00 on 3/7/05; Case is referred to the U.S. Magistrate for ADR. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) Modified on 03/19/2004 (Entered: 03/19/2004)

TRIAL MANAGEMENT ORDER − (see Order for details).( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 03/19/2004)

Deadline updated per docketing error; reset Scheduling Order Deadlines: Trial Date Deadline 9:00 3/7/05 (rwc) (Entered: 03/19/2004)

ORDER, set Telephone Conference for 8:30 on 3/23/04 to discuss scheduling of mediation. ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc) (Entered: 03/19/2004)

ORDER, set Mediation Conference for 9:00 on 3/27/04 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc) (Entered: 03/23/2004)

NOTICE of voluntary dismissal without prejudice as to Plaintiff People First of DE. (rwc) (Entered: 04/02/2004)

NOTICE of voluntary dismissal without prejudice as to Plaintiff Homes for Life Foundation. (rwc) (Entered: 04/02/2004)

NOTICE of voluntary dismissal without prejudice as to Plaintiff Arc of Delaware. (rwc) (Entered: 04/02/2004)

Letter dated 4/5/04 by Judge Jordan to parties enclosing a revised Trial Management Order. (rwc) (Entered: 04/05/2004)