Case: Brown v. Tennessee Dept. of Finance and Administration

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150 Receipt # 75017 (dcap) (Entered: 07/13/2000)

NOTICE of Initial Case Management Conference Case referred to Magistrate Judge E. C. Knowles , ; Case Management Conference set for 9:30 a.m. on 8/24/00 (dcap) (Entered: 07/13/2000)

ATTORNEY APPEARANCE for deft Mental Health &Dev by Dianne Stamey Dycus per signature on agreed order. (dlt) Modified on 08/08/2000 (Entered: 08/08/2000)

PROPOSED Agreed Order re: defts shall have until 9/25/00 in which to respond to the complaint in this matter. (dlt) (Entered: 08/08/2000)

AGREED ORDER by Magistrate Judge E. C. Knowles; The defts may have an additional 45 days until 9/25/00 in which to respond to the complaint [1−1]. (cc: all counsel) (EOD 8/15/00) (jb) (Entered: 08/15/2000)

ATTORNEY APPEARANCE for pltfs by Suzanne Michelle. (dlt) (Entered: 08/17/2000)

CLERK'S RESUME: Case Management Conference held on 8/24/00. Discovery will not be stayed, but will be limited to discoery on the issue of class certification. Parties are to pursue mediation, and have agreed to a settlement conference in approximately 90 days. CMO to enter. C/R : Tape No. 2000−2007 (dlt) (Entered: 08/24/2000)

JOINT CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles: Discovery ddl set for 11/1/00; Settlement conference will be scheduled approximately 90 days after entry of the CMO; Pltf will file a mtn for class certification and a brief in support of the mtn on 11/15/00. Defts will file briefs in response on 12/1/00. EOD 8/24/00 (cc: all counsel) (dlt) (Entered: 08/24/2000)

ATTORNEY APPEARANCE for pltfs by Kent Ellis Krause and Parks T. Chastain of Brewer, Krause &Brooks. (dlt) (Entered: 08/25/2000)

PROPOSED Agreed Order re: substitution of defts. (dlt) (Entered: 09/07/2000)

ORDER by Magistrate Judge E. C. Knowles: Tennessee Department of Finance and Administration and Dr. Warren C. Neel, Commissioner of the Tennessee Department of Finance and Administration are hereby substituted as the defts in this matter. EOD 9/11/00 (cc: all counsel) (dlt) (Entered: 09/11/2000)

NOTICE by pltfs of filing first amended complaint (tlc) (Entered: 09/20/2000)

FIRST AMENDED COMPLAINT [1−1] by pltfs (amended to substitute the Dept of Finance and Administration and Warren C. Neel as defts, to add a cause of action under 42 USC Section 1983 and a prayer for preliminary injunction (tlc) (Entered: 09/20/2000)

PROPOSED Order re: joint case management order amended. (dlt) (Entered: 10/03/2000)

ANSWER by defts TN Dept of Finance and Warren C. Neel to first amended complaint [10−1]. (dlt) (Entered: 10/06/2000)

ORDER by Magistrate Judge E. C. Knowles: Joint CMO shall be amended as follows: defts shall present a settlement proposal to the pltfs by 11/15/00; pltfs shall have until 12/1/00, in which to file a mtn for class certification; defts will file briefs in response by 12/15/00. EOD 10/11/00 (cc: all counsel) (dlt) (Entered: 10/11/2000)

AFFIDAVIT of Robin Atwood re [13−1] (dlt) (Entered: 11/14/2000)

AFFIDAVIT of Mike Cook re [13−1]. (w/ attachments) (dlt) (Entered: 11/14/2000)

AFFIDAVIT of Walter Hunt re [13−1]. (w/ attachment) (dlt) (Entered: 11/14/2000)

MEMORANDUM by intevenor pltf Community Rehab Agen in support of motion to intervene as pltf of the Community Rehabilitation Agencies of Tennessee [13−1]. (dlt) (Entered: 11/14/2000)

PROPOSED Agreed Order for additional time until 12/20/00 to respond to motion to intervene. (dlt) (Entered: 11/29/2000)

RESPONSE by defts TN Department of Finance and Warren C. Neel to motion to intervene as pltf of the Community Rehabilitation Agencies of Tennessee [13−1]. (dlt) (Entered: 11/30/2000)

ORDER by Magistrate Judge E. C. Knowles: Pltf shall have until 12/20/00 to file a response to motion to intervene as pltf of the Community Rehabilitation Agencies of Tennessee [13−1]. EOD 11/30/00 (cc: all counsel) (dlt) (Entered: 11/30/2000)

MOTION by pltfs Keith Greenwald, Carol Greenwald, Shane Mitchell, Arlie Mitchell, Derrick Vartan, Nancy Vartan, Katherine Wilcox, Dora Wilcox, and TN Protection to certify this case as a class action . (dlt) (Entered: 12/04/2000)

MEMORANDUM by pltfs Keith Greenwald, Carol Greenwald, Shane Mitchell, Arlie Mitchell, Derrick Vartan, Nancy Vartan, Katherine Wilcox, Dora Wilcox, TN Protection in support of motion to certify this case as a class action [20−1] (dlt) (Entered: 12/04/2000)

NOTICE by pltfs Keith Greenwald, Carol Greenwald, Shane Mitchell, Arlie Mitchell, Derrick Vartan, Nancy Vartan, Katherine Wilcox, Dora Wilcox, TN Protection of filing of documents in support of mtn for class certification. (w/ attached exhibits 1−10) (dlt) (Entered: 12/04/2000)

STIPULATIONS of the parties w/ respect to class certification issues [20−1]. (dlt) (Entered: 12/04/2000)

RESPONSE by defts to motion to certify this case as a class action [20−1]. (dlt) (Entered: 12/11/2000)

MOTION by intevenor pltf Community Rehab Agen for additional time to reply to response to mtn to intervene . (dlt) (Entered: 12/12/2000)

RESPONSE by pltfs to motion to intervene by Community Rehabilitation Agencies of Tennessee [13−1]. (dlt) (Entered: 12/21/2000)

AMENDED MOTION by intevenor pltf Community Rehab Agen for additional time until 1/9/01 to reply to response to motion to intervene (jb) (Entered: 12/29/2000)

ORDER by Magistrate Judge E. C. Knowles granting motion for additional time to reply to response to mtn to [25−1]. EOD 1/4/01 (cc: all counsel) (dlt) (Entered: 01/04/2001)

REPLY (Response) by intevenor pltf Community Rehab Agen to response to motion to intervene as pltf of the Community Rehabilitation Agencies of Tennessee [13−1] (dlt) (Entered: 01/10/2001)

MOTION by intevenor pltf Community Rehab Agen of proposed intervenor CMRA to participate in settlement discussions . (w/ attached exhibit A) (dlt) (Entered: 02/01/2001)

AFFIDAVIT of Robin L. Atwood re [30−1]. (w/ attached exhibit 1) (dlt) (Entered: 02/01/2001)

RESPONSE by pltfs to motion of proposed intervenor CMRA to participate in settlement discussions [30−1]. (dlt) (Entered: 02/09/2001)

ORDER by Magistrate Judge E. C. Knowles denying motion to intervene as pltf of the Community Rehabilitation Agencies of Tennessee [13−1]; finding the motion of proposed intervenor CMRA to participate in settlement discussions [30−1] moot.; finding the motion for additional time until 1/9/01 to reply to response to motion to intervene [27−1] moot. EOD 2/21/01 (cc: all counsel) (dlt) (Entered: 02/21/2001)

OBJECTIONS by intevenor pltf Community Rehab Agen to Order [34−1]. (dlt) (Entered: 03/06/2001)

APPENDIX filed by intevenor pltf Community Rehab Agen in support of objection to the Order of the Mag. Judge denying intervention [35−1]. (w/ attached exhibits 1−3) (dlt) (Entered: 03/06/2001)

RESPONSE by defts to objections to Mag. Judge's order denying intervention [35−1] (tlc) (Entered: 03/16/2001)

RESPONSE by pltfs to objection to Mag Judge's Order denying intervention [35−1]. (dlt) (Entered: 03/21/2001)

SUPPLEMENT by intevenor pltf Community Rehab Agen to objection to the Order of the Magistrate Judge denying intervention [35−1]. (dlt) (Entered: 04/12/2001)

MOTION by pltfs for ascertain status of mtn for class certification . (w/ att'd exhibit 1) (dlt) (Entered: 04/17/2001)

ORDER by Judge Robert L. Echols granting motion to certify this case as a class action [20−1]. Motion for ascertain status of mtn for class certification [40−1] is deemed moot. Pltfs are directed to file w/ the Court a proposed ntc &a proposed consent form by the close of business on 5/4/01. Defts are directed to disclose to pltfs, by 5/15/01, the names and last known mailing addresses of all persons who meet the criteria for class certification. EOD 5/1/01 (cc: all counsel) (dlt) (Entered: 05/01/2001)

MOTION by pltfs to alter and amend Court Order dated 5/1/01 , and to establish "OPT OUT" requirements for class as opposed to consent to participate requirements . (w/ att'd exhibit 1) (dlt) (Entered: 05/07/2001)

NOTICE by pltfs of filing of proposed ntc and consent forms pursuant to order of 5/1/01. (w/ attachments) (dlt) (Entered: 05/07/2001)

MOTION by defts TN Dept of Finance and Warren C. Neel to reconsider Order granting pltfs' mtn for class certification . (dlt) (Entered: 05/10/2001)

OBJECTIONS by defts to [43−1] in the alternative of mtn to reconsider. (contained w/in same pleading as the mtn to reconsider) (dlt) (Entered: 05/10/2001)

MEMORANDUM by defts in support of motion to reconsider [44−1] or, in the alternative, objection to proposed ntc [44−1]. (dlt) (Entered: 05/10/2001)

RESPONSE by pltf to motion to reconsider Order granting pltfs' mtn for class certification [44−1]. (dlt) (Entered: 05/16/2001)

MOTION by intevenor pltf Community Rehab Agen for order placing counsel for CMRA on the service list . (dlt) (Entered: 06/13/2001)

MOTION by pltfs for an order granting permission to substitute attorney J. Page Garrett for Gary D. Buchanan . (dlt) (Entered: 01/28/2002)

ORDER by Judge Robert L. Echols granting motion for an order granting permission to substitute attorney J. Page Garrett for Gary D. Buchanan [48−1] attorney for the pltfs. EOD 2/20/02 (cc: all counsel) (dlt) (Entered: 02/20/2002)

ORDER by Judge Robert L. Echols: For reasons explained in the Memorandum entered contemporaneously herewith, the Court rules as follows: CMRA's Objection to the Order of the Magistrate Judge denying intervention and request for the Court to set aside the Order [35−1] is denied. Pltfs' motion to alter [42−1] or amend [42−2], [42−3] is denied. Defts' motion to reconsider [44−1] is granted. Court's Order [41−1] entered 5/1/01, is modified insofar as pltfs shall not be required to file a proposed ntc &consent form w/ the Court. Further, as this class has been certified under Rule 23(b)(2), class members have no absolute right to opt−out. CMRA's motion for order placing counsel for CMRA on the service list [47−1] is denied as moot. Case referred to Magistrate Judge E. C. Knowles to immediately schedule a CMC. EOD 4/2/02 (cc: all counsel) (dlt) (Entered: 04/02/2002)

ORDER by Magistrate Judge E. C. Knowles: Case Management Conference set for 10:30 a.m. on 4/25/02 . Prior to the hearing, counsel for the parties are directed to confer on a proposed amended CMO, which shall be submitted prior to the CMC. EOD 4/12/02 (cc: all counsel) (dlt) (Entered: 04/12/2002)

ATTORNEY APPEARANCE for pltfs by Gary D. Housepian (dlt) (Entered: 04/24/2002)

PROPOSED Agreed Order to reset case management conference. (dlt) (Entered: 04/29/2002)

AGREED ORDER by Magistrate Judge E. C. Knowles: Case Management Conference reset for 11:00 a.m. on 5/16/02 . EOD 5/1/02 (cc: all counsel) (dlt) (Entered: 05/01/2002)

ORDER by Judge Robert L. Echols: By Memorandum &Order entered 3/31/02in 3:01−0272, pltfs' mtn to consolidate was granted, and was consolidated for pretrial and discovery purposes w/ 3:00−0665. After discovery has concluded, the Court will determine whether these cases should be consolidated for trial. As the case are not consolidated for trial purposes at this time, all pleadings filed in each case shall retain the caption &case # of that case &shall be filed only in the case to which each pleading pertains. EOD 5/7/02 (cc: all counsel) (dlt) (Entered: 05/07/2002)

PROPOSED Amended Case Management Order (gi) (Entered: 05/15/2002)

CLERK'S RESUME: Case Management Conference held 5/16/02. Proposed amended case management order submitted. Dispositive mtn ddl is 1/13/03; non−jury trial set for 5/27/03 before Judge Echols; order to enter. Settlement conference set before Magistrate Judge Knowles on 7/9/02; order to enter. C/R: Tape No. 2002−33 MK (gi) (Entered: 05/17/2002)

AMENDED CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles: Fact discovery to be completed by 12/2/02; dispositive mtn filing ddl is 1/13/03. Non−jury trial set for 9:00 on 5/27/03 before Chief Judge Echols. EOD 5/17/02 (cc: all counsel) (gi) (Entered: 05/17/2002)

ORDER by Magistrate Judge E. C. Knowles: Settlement conference set for 9:30 a.m. on 7/9/02 . By noon on 7/5/02, pltf and deft shall deliver under seal ex parte separte settlement conference stmts which shall specify their respective settlement positions. Parties shall exchange offers and demands prior to the settlement conference. EOD 5/20/02 (cc: all counsel) (dlt) (Entered: 05/20/2002)

ORDER by Judge Robert L. Echols: Non−jury trial set for 9:00 on 5/27/03; pretrial conference set 1:00 on 4/28/03; pretrial order ddl 4/23/03 . Parties shall also file by 6/23/03, the following: witness lists; exhibit lists; &stipulations. By 6/14/03, parties shall file any mtns in limine &any mtns objecting to expert testimony. EOD 6/19/02 (cc: all counsel) (dlt) (Entered: 06/19/2002)

ORDER by Judge Robert L. Echols: Order entered 6/19/02 is modified to reflect the following: Parties shall file by 4/23/03, the following: witness lists, exhibit lists, &stipulations. By 4/14/03, parties shall file any mtns in limine &any mtns objecting to expert testimony. Responses to such mtns shall be filed on 4/23/03. In all other respects, the Order (DE# 59) shall remain in full force &effect. EOD 6/28/02 (cc: all counsel) (dlt) (Entered: 06/28/2002)

PROPOSED Agreed Order to reset settlement conference. (dlt) (Entered: 07/09/2002)

ORDER by Magistrate Judge E. C. Knowles: Settlement conference reset for 9:30 a.m. on 9/13/02 . EOD 7/10/02 (cc: all counsel) (dlt) (Entered: 07/10/2002)

ORDER by Magistrate Judge E. C. Knowles: Settlement conference set for 9:30 a.m. on 9/13/02 . By noon on 9/11/02, pltf &deft shall deliver under seal, ex parte, separate settlement conference stmts which shall specify their respective settlement positions. EOD 8/29/02 (cc: all counsel) (dlt) (Entered: 08/29/2002)

CLERK'S RESUME: Settlement conference held on 9/13/02 . Parties were unable to reach a settlement agreement at this time; however, parties will continue to talk, &plan to meet informally again on 10/1/02. Parties will contact the Court if further settlement assistance is needed. C/R : (dlt) (Entered: 09/17/2002)

MOTION by pltfs for J. Page Garrett to withdraw as attorney in this case . (dlt) (Entered: 09/30/2002)

ORDER by Magistrate Judge E. C. Knowles granting motion for J. Page Garrett to withdraw as attorney in this case [64−1] for pltfs. EOD 10/11/02 (cc: all counsel) (dlt) (Entered: 10/11/2002)

PROPOSED Joint Amended Case Management Order (dlt) (Entered: 12/02/2002)

JOINT AMENDED CASE MANAGEMENT ORDER by Magistrate Judge E. C. Knowles: Fact discovery to be completed by 1/3/03. Expert witnesses to be deposed by 2/17/03. Dispositive mtn filing ddl is 2/18/03. EOD 12/4/02 (cc: all counsel) (gi) (Entered: 12/04/2002)

MOTION by pltfs for summary judgment (w/proposed order) (gi) (Entered: 02/19/2003)

MOTION by pltfs for leave to file memorandum in excess of 25 pages (w/attached memorandum in support of mtn for summary judgment, statement of uncontested material facts, ntc of filing of documents 1−14 &proposed order) (gi) (Entered: 02/19/2003)

MOTION by deft TN Dept of Finance for summary judgment . (dlt) (Entered: 02/19/2003)

MEMORANDUM by deft TN Dept of Finance in support of motion for summary judgment [69−1]. (w/ attachment) (dlt) (Entered: 02/19/2003)

STATEMENT of undisputed material facts by deft TN Dept of Finance in support of [69−1]. (dlt) (Entered: 02/19/2003)

NOTICE by deft TN Dept of Finance of filing documents in support of their mtn for summary judgment. (w/ att'd copy depositions Damons, Dungan, Martins, &Tighe) (dlt) (Entered: 02/19/2003)

ORDER by Magistrate Judge E. C. Knowles granting motion for leave to file memorandum in excess of 25 pages [68−1]. EOD 2/26/03 (cc: all counsel) (gi) (Entered: 02/26/2003)

MEMORANDUM by pltfs in support of motion for summary judgment [67−1] (gi) (Entered: 02/26/2003)

STATEMENT of uncontested material facts by pltfs in support of [67−1] (gi) (Entered: 02/26/2003)

JOINT NOTICE by pltfs of filing of documents (1−14) in support of mtns for summary judgment in civil action nos. 3:00−0665 and 3:01−0272 (documents 1−14 are filed in this case) (gi) (Entered: 02/26/2003)

DEPOSITION of Joanna Damons taken on the following date(s): 11/14/02 (gi) (Entered: 02/26/2003)

DEPOSITION of Kathleen Dungan taken on the following date(s): 12/3/02 (gi) (Entered: 02/26/2003)

DEPOSITION of Kathleen Dungan taken on the following date(s): 1/2/03 (gi) (Entered: 02/26/2003)

DEPOSITION of Richard kellogg taken on the following date(s): 11/26/02 (gi) (Entered: 02/26/2003)

DEPOSITION of Patti Killingsworth taken on the following date(s): 11/20/02 (gi) (Entered: 02/26/2003)

DEPOSITION of Patti Killingworth (Volume II) taken on the following date(s): 12/11/02 (gi) (Entered: 02/26/2003)

DEPOSITION of Manny Martins taken on the following date(s): 11/21/02 (gi) (Entered: 02/26/2003)

DEPOSITION of John Tighe taken on the following date(s): 12/30/02 (gi) (Entered: 02/26/2003)

PROPOSED Agreed Order for submission of response and replies to mtns for summary judgment. (dlt) (Entered: 03/06/2003)

AGREED ORDER by Judge Robert L. Echols: Ddl to file a response to mtns for summary judgment [67−1] and [69−1] is 3/17/03; ddl to file a reply is 3/31/03. EOD 3/10/03 (cc: all counsel) (gi) (Entered: 03/10/2003)

PROPOSED Agreed Order for submission of responses and replies to motions for summary judgment (ot) (Entered: 03/11/2003)

AGREED ORDER by Judge Robert L. Echols: Parties shall have until 3/17/03 w/in which to file responses to motions for summary judgment [69−1] [67−1]. Replies shall be filed by 3/31/03. EOD 3/11/03 (cc: all counsel) (dlt) (Entered: 03/11/2003)

RESPONSE &MEMORANDUM by pltfs to motion for summary judgment [69−1]. (w/ attachments) (dlt) (Entered: 03/18/2003)

RESPONSE IN OPPOSITION by defts to motion for summary judgment [67−1]. (w/ attachments) (dlt) (Entered: 03/18/2003)

RESPONSE by defts to pltf's stmt of uncontested material facts [75−1]. (dlt) (Entered: 03/18/2003)

NOTICE by defts of filing documents in support of response in opposition to pltfs' mtn for summary judgment: Damons &Dungan Declarations. (w/ att'd declarations) (dlt) (Entered: 03/18/2003)

DECLARATION of Kathleen Dungan by defts in support of [89−1]. (dlt) (Entered: 03/18/2003)