Case: Henry A. v. Willden

2:10-cv-00528 | U.S. District Court for the District of Nevada

Filed Date: April 13, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 13, 2010, a group of children in foster care in Clark County (Las Vegas), Nevada filed this lawsuit in the U.S. District Court for the District of Nevada. The plaintiffs sued the Nevada Department of Health and Human Services, the Nevada Division of Child and Family Services, Clark County, and lark County Department of Family Services under 42 U.S.C. § 1983 and state law. (Previously, NCYL had filed a similar suit on behalf of another group of children, Clark K. v. Willden, in August 2…

On April 13, 2010, a group of children in foster care in Clark County (Las Vegas), Nevada filed this lawsuit in the U.S. District Court for the District of Nevada. The plaintiffs sued the Nevada Department of Health and Human Services, the Nevada Division of Child and Family Services, Clark County, and lark County Department of Family Services under 42 U.S.C. § 1983 and state law. (Previously, NCYL had filed a similar suit on behalf of another group of children, Clark K. v. Willden, in August 2006, but voluntarily dismissed it after the judge decided against certification of the class and all the plaintiffs had either aged out of the system or been adopted.)

Back in this case, the plaintiffs alleged that County and State officials failed to protect the health and safety of children in foster care. According to the complaint, foster children in the county were denied stability, health care, and, in many cases, even the most minimal level of safety. Many children were taken from their homes only to be subjected to physical, sexual, or psychological abuse while in the county's custody. For example, child welfare officials placed an infant and her older brother in a foster home where the baby was locked in a closet, and her brother was beaten when he tried to help her. Another plaintiff was shuttled through 40 placements in the 15 years she was in foster care. Another child was hospitalized twice in the ICU for near organ failure after being given an overdose of psychotropic drugs.

The plaintiffs sought money damages for thirteen children named in the lawsuit, and systematic improvements for several classes of children that represent more than half of the 3,600 children in foster care in the county. The suit also sought improvements for children who had not had guardians ad litem appointed to represent them in court, children who had not been provided early intervention services, and children who were sent to foster parents without case plans that contain the information needed to properly care for them.

In May 2010, the defendants moved to dismiss this case for failure to state a claim. After extensive hearings and related motions, on Oct. 26, 2010, U.S. District Judge Robert C. Jones dismissed the action, holding that the defendants were entitled to qualified immunity because the plaintiffs failed to assert a clearly established constitutional right. 2010 WL 4362809 (D. Nev. Oct. 26, 2010). The plaintiffs, however, then appealed. On May 4, 2012, the U.S. Court of Appeals for the Ninth Circuit reversed, ruling that foster children have a clearly established constitutional right to safety and adequate medical care. 678 F.3d 991 (9th Cir. 2012) (Fletcher, J.).

On remand, the district court ordered the plaintiffs to file an amended complaint and the defendants to respond. On July 20, 2012, the plaintiffs filed an amended complaint, and in August 2012, the defendants moved to dismiss. Because of the delay that caused by the appeal, however, the plaintiffs had aged out of foster care, moved home with their families, or had been adopted. As a result of the plaintiffs exiting foster care, the district court on remand ruled on February 27, 2013 that only relief in the form of money damages would be available to them, except for the two plaintiffs that remained in the foster care system. 2013 WL 759479 (D. Nev. Feb. 27, 2013). Later, on January 10, 2014, the court further ruled that the two remaining plaintiffs also lacked standing to seek injunctive relief unless the plaintiffs filed a more definite statement supporting their claims as to the nature of the children's case plan deficiencies under 45 C.F.R. § 1356.21(g). 2014 WL 117562 (D. Nev. Jan. 10, 2014).

In the spring of 2014, in the midst of trial preparation and shortly after the plaintiffs served their expert witness reports, the parties entered into settlement talks. The talks resulted in a settlement agreement of $2.075 million dollars in damages, approved on November 18, 2014 and entered on January 9, 2015. About $1.6 million directly benefited the seven former foster children, while $500,000 covered attorney fees and costs for the plaintiffs’ attorneys. On November 12, 2015, the plaintiffs filed a stipulation to close the case, and the district court granted the stipulation on November 16, 2015, closing the case.

Summary Authors

Soojin Cha (7/19/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4316674/parties/henry-a-v-willden/


Judge(s)
Attorney for Plaintiff

Alverson, J. Bruce (Nevada)

Danis, Mark Wilmot (California)

Davis, Sarah Nicole (California)

Attorney for Defendant

Anderson, Linda C. (Nevada)

Blum, Jonathan D. (Nevada)

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Documents in the Clearinghouse

Document

2:10-cv-00528

10-17860

Docket [PACER]

Nov. 16, 2015

Nov. 16, 2015

Docket
1

2:10-cv-00528

Complaint

April 13, 2010

April 13, 2010

Complaint
79

2:10-cv-00528

Order

Oct. 20, 2010

Oct. 20, 2010

Order/Opinion
85

2:10-cv-00528

Order

Henry A. v. Michael Willden

Oct. 26, 2010

Oct. 26, 2010

Order/Opinion
816

2:10-cv-00528

10-17680

Opinion [Reversing in Part, Affirming in Part, and Remanding]

U. S. Court of Appeals for the Ninth Circuit

May 4, 2012

May 4, 2012

Order/Opinion
104

2:10-cv-00528

Amended Complaint

July 20, 2012

July 20, 2012

Complaint
141

2:10-cv-00528

Order [Granting in Part and Denying in Part Motion to Dismiss]

Feb. 27, 2013

Feb. 27, 2013

Order/Opinion
266

2:10-cv-00528

Debbie Mallwitz's First Amended Third-Party Complaint Against Deborah Hill and Joseph Hill

Nov. 21, 2013

Nov. 21, 2013

Complaint
281

2:10-cv-00528

Order [Granting in Part and Denying in Part Motion to Dismiss]

Jan. 10, 2014

Jan. 10, 2014

Order/Opinion
335

2:10-cv-00528

Order [Granting in Part Motion to Dismiss]

May 7, 2014

May 7, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4316674/henry-a-v-willden/

Last updated Feb. 10, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Clark County, Diane Comeaux, DOES I-XX, Tom Morton, Virginia Valentine, Michael Willden (Filing fee $ 350 receipt number 0978-1577649), filed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Certificate of Interested Parties due by 4/23/2010. Proof of service due by 8/11/2010. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Michael Willden, # 3 Summons Diane Comeaux, # 4 Summons Virginia Valentine, # 5 Summons Clark County, # 6 Summons Tom Morton)(Schechter, Lori) (Entered: 04/13/2010)

2 Civil Cover Sheet

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3 Summons Michael Willden

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4 Summons Diane Comeaux

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5 Summons Virginia Valentine

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6 Summons Clark County

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7 Summons Tom Morton

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April 13, 2010

April 13, 2010

PACER
2

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lori A. Schechter and DESIGNATION of Local Counsel Bruno Wolfenzon (Filing fee $ 175 receipt number 0978-1577651) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/13/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Schechter, Lori) (Entered: 04/14/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 13, 2010

April 13, 2010

PACER
3

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey K. Rosenberg and DESIGNATION of Local Counsel Bruno Wolfenzon (Filing fee $ 175 receipt number 0978-1577652) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/14/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Schechter, Lori) (Entered: 04/14/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 14, 2010

April 14, 2010

PACER
4

CERTIFICATE of Interested Parties filed by Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. There are no known interested parties other than those participating in the case. (Schechter, Lori) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
5

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Mary F. Hansbury and DESIGNATION of Local Counsel Bruno Wolfenzon (Filing fee $ 175 receipt number 0978-1577655) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/14/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 04/14/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 14, 2010

April 14, 2010

PACER
6

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 5/29/2010.(no image attached) (AXM) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
7

NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (AXM) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
8

Summons Issued as to Clark County, Diane Comeaux, Tom Morton, Virginia Valentine, Michael Willden. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(AXM) (Entered: 04/14/2010)

2 Summons

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3 Summons

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4 Summons

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5 Summons

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April 14, 2010

April 14, 2010

PACER
9

ORDER OF RECUSAL. This action is referred to Chief Judge Roger L. Hunt for reassignment. Signed by Judge Howard D. McKibben on 4/19/10. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
10

VERIFIED PETITION for Permission to Practice Pro Hac Vice by William Grimm and DESIGNATION of Local Counsel Wolfenzon Schulman & Rolle (Filing fee $ 175 receipt number 0978-1582876) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/19/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 04/19/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 19, 2010

April 19, 2010

PACER
11

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Bryn Martyna and DESIGNATION of Local Counsel Wolfenzon Schulman & Rolle (Filing fee $ 175 receipt number 0978-1582930) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/19/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 04/19/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 19, 2010

April 19, 2010

PACER
12

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Camille Roberts and DESIGNATION of Local Counsel Wolfenzon Schulman & Rolle (Filing fee $ 175 receipt number 0978-1582949) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/19/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 04/19/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 19, 2010

April 19, 2010

PACER
13

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Leecia Welch and DESIGNATION of Local Counsel Wolfenzon Schulman & Rolle (Filing fee $ 175 receipt number 0978-1582974) filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 4/19/2010. (Attachments: # 1 Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 04/19/2010)

2 Affidavit In Support of Petition for Pro Hac Vice Admission

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April 19, 2010

April 19, 2010

PACER
14

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 4/26/2010. By Deputy Clerk: Michael Zadina. IT IS ORDERED that this case is reassigned to Judge Robert C. Jones for all further proceedings as district judge. Judge Howard D. McKibben no longer assigned to case. All further documents must bear the correct case number 2:10-cv-00528-RCJ-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - MJZ) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
15

SUMMONS Returned Executed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Clark County served on 4/16/2010, answer due 5/7/2010. (Schulman, Gregory) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
16

SUMMONS Returned Executed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Tom Morton served on 4/16/2010, answer due 5/7/2010. (Schulman, Gregory) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
17

SUMMONS Returned Executed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Virginia Valentine served on 4/16/2010, answer due 5/7/2010. (Schulman, Gregory) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
18

SUMMONS Returned Executed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Diane Comeaux served on 4/20/2010, answer due 5/11/2010. (Schulman, Gregory) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
19

SUMMONS Returned Executed by Olivia G., Maizy D., Charles B., Henry A., Mason I., Delia D., Charlotte B., Linda E., Sheldon H., Jonathan D., Leo C., Christine F., Victor C.. Michael Willden served on 4/20/2010, answer due 5/11/2010. (Schulman, Gregory) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
20

MOTION to Dismiss or in the Alternative Motion for a More Definite Statement by Defendants Clark County, Tom Morton, Virginia Valentine. Responses due by 5/24/2010. (Attachments: # 1 Exhibit A)(Sturman, Gloria) (Entered: 05/07/2010)

2 Exhibit A

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May 7, 2010

May 7, 2010

PACER
21

MOTION to Dismiss by Defendant Michael Willden. Responses due by 5/27/2010. (Anderson, Linda) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
22

STIPULATION Regarding Plaintiffs' Voluntary Dismissal of Causes of Action VI and VII by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Schulman, Gregory) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
23

STIPULATION And [Proposed] Order Extending Time For Plaintiffs To File A Response to Defendants' Motion to Dismiss by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Schulman, Gregory) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
24

NOTICE of Appearance by attorney Linda C. Anderson on behalf of Defendant Diane Comeaux. (Anderson, Linda) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
25

ORDER Granting 2 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lori A. Schechter and approving Attorney Bruno Wolfenson as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
26

ORDER Granting 3 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jeffrey K. Rosenberg and approving Attorney Bruno Wolfenson as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
27

ORDER Granting 5 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Mary F. Hansbury and approving Attorney Bruno Wolfenson as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
28

ORDER Granting 10 Verified Petition for Permission to Practice Pro Hac Vice for Attorney William Grimm and approving Attorney Bruno Wolfenzon as Designation of Local Counsel for Plaintiff. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
29

ORDER Granting 11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Bryn Martyna and approving Attorney Bruno Wolfenzon as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
30

ORDER Granting 12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Camille Louise Roberts and approving Attorney Bruno Wolfenzon as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
31

ORDER Granting 13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Leecia Welch and approving Attorney Bruno Wolfenzon as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 5/24/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
32

ORDER ON STIPULATION Granting 23 Stipulation to Extend Time for Plaintiffs to File a Reponse to 20 and 21 Motions to Dismiss. Responses due 5/27/10. Signed by Judge Robert C. Jones on 5/24/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
33

ORDER ON STIPULATION Granting 22 Stipulation Regarding Plaintiffs' Voluntary Dismissal of Causes of Action VI and VII. Signed by Judge Robert C. Jones on 5/24/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/26/2010)

May 24, 2010

May 24, 2010

PACER
34

STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFFS TO FILE CONSOLIDATED RESPONSE TO DEFENDANTS SEPARATE MOTIONS TO DISMISS by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Hansbury, Mary) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
35

JOINDER to 20 21 Motion to Dismiss; filed by Defendants Clark County, Tom Morton, Virginia Valentine. (Sturman, Gloria) Docket entry relationship added on 6/1/2010. (MJZ) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
36

RESPONSE to 21 MOTION to Dismiss, 20 MOTION to Dismiss or in the Alternative Motion for a More Definite Statement, filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. PLAINTIFFS CONSOLIDATED OPPOSITION TO STATE AND CLARK COUNTY DEFENDANTS MOTIONS TO DISMISS, OR, IN THE ALTERNATIVE, MOTIONS FOR A MORE DEFINITE STATEMENT Replies due by 6/6/2010. (Schechter, Lori) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
37

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C. JOINT FRCP 26(f) REPORT AND PROPOSED DISCOVERY PLAN. (Hansbury, Mary) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
38

STIPULATION and Order Extend Time File Reply re Mtn Dismiss by Defendants Clark County, Tom Morton, Virginia Valentine. (Sturman, Gloria) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
39

REPLY to Response to 21 MOTION to Dismiss ; filed by Defendants Diane Comeaux, Michael Willden. (Anderson, Linda) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

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40

NOTICE of Hearing: Scheduling Conference set for 6/22/2010 10:15 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen re: 37 Joint Report and Proposed Discovery Plan.(no image attached)(TKH) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
41

REPLY to Response to 20 MOTION to Dismiss or in the Alternative Motion for a More Definite Statement ; filed by Defendants Clark County, Tom Morton, Virginia Valentine. (Attachments: # 1 Exhibit A)(Sturman, Gloria) (Entered: 06/09/2010)

2 Exhibit A

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June 9, 2010

June 9, 2010

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42

MINUTE ORDER IN CHAMBERS of the Honorable Robert C. Jones, United States District Judge on 6/11/2010, by Carrie Lipparelli, Judicial Assistant. IT IS HEREBY ORDERED that ORAL ARGUMENT RE: 20 Clark County Defendants' Motion to Dismiss, or, in the Alternative, Motion for a More Definite Statement, 21 State Defendants' Motion to Dismiss, or in the Alternative, Motion for More Definite Statement is set for 08/13/2010 09:00 AM in LV Courtroom TBD, before Judge Robert C. Jones. IT IS SO ORDERED. Signed Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - CL) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
43

STIPULATION And [Proposed] Order For Continuance Of Oral Argument Re: Defendants Motion To Dismiss by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Schechter, Lori) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
44

MINUTES OF PROCEEDINGS - Scheduling Conference held on 6/22/2010 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Mary F. Hansbury, Esq., Gregory Schulman, Esq., William Grimm, Esq., Camille L. Roberts, Esq.; Def Counsel: Gabriel Lither, Esq., Gloria Sturman, Esq., Margaret Foley, Esq.; Court Reporter/FTR #: 10:16:23 - 10:55:16; Time of Hearing: 10:15am; Courtroom: 3B; The Court scheduled this matter after reviewing counsels' Status Report/Discovery Plan and Scheduling Order 37 . After hearing counsels's representations concerning the status of discovery as well as counsels' discovery requests concerning placing a limitation on document production and individual discovery, IT IS ORDERED: Parties are directed to meet and confer regarding electronically stored information, the form of Proposed Protective Order that is being sought, and the scope of discovery sought from the individual Defendants. Status Conference set for 7/20/2010 @ 10:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Joint Status Report due by 7/16/2010, and shall be filed as directed in open court. The Court informs counsel that it is candidly inclined to treat the individually names Plaintiffs as individuals as both sides have indicated that there are Plaintiff specific issues to consider, and also admonishes counsel that they should not send duplicate sets of discovery asking for the same information. To the extent that it is truly individualized, individualized discovery will be provided. Otherwise counsel are expected to consolidate and ask for common sets of discovery rather than overlapping. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
45

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dorothy L. Fernandez and DESIGNATION of Local Counsel Bruno Wolfenzon (Filing fee $ 175 receipt number 0978-1662785) by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Motion ripe 7/1/2010. (Attachments: # 1 Affidavit Affidavit In Support of Petition for Pro Hac Vice Admission)(Hansbury, Mary) (Entered: 07/01/2010)

2 Affidavit Affidavit In Support of Petition for Pro Hac Vice Admission

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July 1, 2010

July 1, 2010

PACER
46

TRANSCRIPT of Proceedings, 44 Scheduling Conference held on 6/22/2010, before Magistrate Judge Peggy A. Leen. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/4/2010. Redacted Transcript Deadline set for 8/14/2010. Release of Transcript Restriction set for 10/12/2010. (ABB) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
47

Joint STATUS REPORT by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hansbury, Mary) (Entered: 07/16/2010)

2 Exhibit A

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3 Exhibit B

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July 16, 2010

July 16, 2010

PACER
48

MINUTES OF PROCEEDINGS - Status Conference held on 7/20/2010 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Mary F. Hansbury, Esq., Gregory M. Schulman, Esq., William Grimm, Esq.; Def Counsel: Margaret Foley, Esq., Gloria Sturman, Esq., Linda Anderson, Esq.; Court Reporter/FTR #: 10:04:46 - 10:26:54; Time of Hearing: 10:00am; Courtroom: 3B; The Court advises counsel to follow up with U.S. District Judge Robert Jones's Chambers regarding their Proposed Stipulation 43 or, in the alternative, be prepared for oral arguments are they are currently scheduled on 8/13/2010 @ 9:00am. The Court next hears from counsel regarding their efforts with ESI. Counsel indicate that they agree to have their I.T. specialists communicate with one another directly, and Defense counsel agrees to complete their initial customer lists and keyword filter search lists. The Court next hears counsels' arguments concerning the form of a proposed protective order. IT IS ORDERED: Defendant will have until 7/31/2010 to file their Motion for Protective Order. Plaintiffs' counsel will have 15 days from the date of filing to file their opposition, and reply will be due 10 days later. If Defendants file a Motion to Stay, parties will adhere to the same deadlines and briefing schedule as set forth for Defendants' Motion for Protective Order. Plaintiffs are granted permission to file a joint response to both motions, IT IS FURTHER ORDERED: The parties will have their respective IT specialists meet and confer no later than 8/06/2010, IT IS FURTHER ORDERED: Defendant will produce their customer lists and keyword filter search lists no later than 8/06/2010, and Plaintiffs will have ten days from service to accept/reject/file any counter proposal, IT IS FURTHER ORDERED: Defense counsel are directed to exercise their best good faith efforts to produce the index of, or a status report concerning, the Clark K. materials by 8/06/2010 as directed in open court. The Court will set these matters for hearing after the oral argument schedule before U.S. District Judge Robert Jones is clarified.(no image attached) (Copies have been distributed pursuant to the NEF - JAM) (Entered: 07/21/2010)

July 20, 2010

July 20, 2010

PACER
49

ORDER Granting 45 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dorothy L. Fernandez approving Attorney Bruno Wolfenzon as Designation of Local Counsel for Plaintiffs. Signed by Judge Robert C. Jones on 7/21/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
50

ORDER ON STIPULATION Granting 43 Stipulation for Continuance of Oral Argument re 20 MOTION to Dismiss or in the Alternative Motion for a More Definite Statement. Motion Hearing reset for 9/16/2010 01:00 PM in LV Courtroom TBA before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 7/21/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
51

ORDER Status Conference Hearing and Various Deadlines. Joint Status Report due by 9/14/2010. Status Conference set for 9/16/2010 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 7/21/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

RECAP
52

TRANSCRIPT of Proceedings, 48 Status Conference held on 7/20/2010, before Magistrate Judge Peggy A. Leen. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/19/2010. Redacted Transcript Deadline set for 8/29/2010. Release of Transcript Restriction set for 10/27/2010. (DXS) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
53

MOTION to Stay DEFENDANTS VIRGINA VALENTINE AND TOM MORTONS MOTION FOR STAY OF DISCOVERY PENDING RESOLUTION OF Motion to Dismiss by Defendants Clark County, Tom Morton, Virginia Valentine. Motion ripe 7/30/2010. (Sturman, Gloria) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
54

MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS by Defendants Clark County, Tom Morton, Virginia Valentine. Motion ripe 7/30/2010. (Sturman, Gloria) 55 Corrected image filed on 8/2/2010. (MJZ) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
55

NOTICE of Corrected Image/Document re 54 MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS by Defendants Clark County, Tom Morton, Virginia Valentine. (Service of corrected image is attached). (Sturman, Gloria) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
56

RESPONSE to 53 MOTION to Stay DEFENDANTS VIRGINA VALENTINE AND TOM MORTONS MOTION FOR STAY OF DISCOVERY PENDING RESOLUTION OF Motion to Dismiss, filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Replies due by 8/26/2010. (Fernandez, Dorothy) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
57

Submission of PROPOSED ORDER on 56 Response to Motion, ; filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Fernandez, Dorothy) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
58

DECLARATION of Dorothy L. Fernandez re 53 MOTION to Stay DEFENDANTS VIRGINA VALENTINE AND TOM MORTONS MOTION FOR STAY OF DISCOVERY PENDING RESOLUTION OF Motion to Dismiss ; filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Declaration of Dorothy L. Fernandez In Support of Plaintiffs' Opposition to Motion for Stay (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Fernandez, Dorothy) (Entered: 08/16/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Aug. 16, 2010

Aug. 16, 2010

PACER
59

RESPONSE to 54 MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS, filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Replies due by 8/26/2010. (Fernandez, Dorothy) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
60

Submission of PROPOSED ORDER filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Denying County Defendants' Motion for Protective Order Seeking to Redact Confidential Information in Documents Produced to Plaintiffs (Fernandez, Dorothy) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
61

DECLARATION of Jeffrey K. Rosenberg re 54 MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS ; filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Jeffrey K. Rosenberg's Declaration In Support of Plaintiffs' Opposition to County's Motion for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Fernandez, Dorothy) (Entered: 08/16/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Aug. 16, 2010

Aug. 16, 2010

PACER
62

REPLY to Response to 53 MOTION to Stay DEFENDANTS VIRGINA VALENTINE AND TOM MORTONS MOTION FOR STAY OF DISCOVERY PENDING RESOLUTION OF Motion to Dismiss ; filed by Defendants Tom Morton, Virginia Valentine. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sturman, Gloria) (Entered: 08/26/2010)

2 Exhibit

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3 Exhibit

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Aug. 26, 2010

Aug. 26, 2010

PACER
63

REPLY to Response to 54 MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS ; filed by Defendants Clark County, Tom Morton, Virginia Valentine. (Sturman, Gloria) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
64

NOTICE of Hearing on 54 MOTION for Protective Order SEEKING TO REDACT CONFIDENTIAL INFORMATION IN DOCUMENTS PRODUCED TO PLAINTIFFS, 53 MOTION to Stay DEFENDANTS VIRGINA VALENTINE AND TOM MORTONS MOTION FOR STAY OF DISCOVERY PENDING RESOLUTION OF Motion to Dismiss : Motion Hearing set for 9/16/2010 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. These motions shall be heard in conjunction with the status conference currently scheduled for the same date and time. (no image attached)(TKH) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
65

STIPULATION and [Proposed] Order for Continuance of Oral Argument re: Defendants' Motion to Dismiss, Second Requested Extension by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Fernandez, Dorothy) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
66

Joint STATUS REPORT by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Fernandez, Dorothy) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
67

ORDER GRANTING 65 Stipulation to Continue Oral Argument. IT IS ORDERED that oral argument RE: 20 Motion to Dismiss or in the Alternative Motion for a More Definite Statement and 21 Motion to Dismiss currently scheduled for 9/16/10 1:00 p.m. is RESCHEDULED to Tuesday, 10/19/2010 08:30 AM in LV Courtroom TBD before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 09/14/2010. (Copies have been distributed pursuant to the NEF - LE) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
68

NOTICE of Appearance by attorney Gloria J Sturman on behalf of Defendants Clark County, Tom Morton, Virginia Valentine. By Margaret G. Foley (Sturman, Gloria) (Entered: 09/15/2010)

Sept. 15, 2010

Sept. 15, 2010

PACER
69

MINUTES OF PROCEEDINGS - Status Conference held on 9/16/2010 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Gregory M. Scholman, Esq., Jeffrey K. Rosenberg, Esq., William Grimm, Esq., Dorothy Fernandez, Esq.; Def Counsel: Gloria Sturman, Esq., Margaret Foley, Esq., Linda Anderson, Esq.; Court Reporter/FTR #: 2:04:09 - 2:40:18; Time of Hearing: 2:00pm; Courtroom: 3B; The Court hears the arguments of Counsel concerning Defendants' Motions to Stay 53 and for Protective Order 54 . After hearing representations, IT IS ORDERED: Defendants' Motion to Stay... 53 is GRANTED; IT IS FURTHER ORDERED:Defendants' Motion for Protective Order... 54 is DENIED. Counsel are directed to meet and confer further regarding terms, as directed in open court, and to submit them at their earliest convenience. Counsel are informed that they will be closely scrutinized by the Court. A SEPARATE WRITTEN ORDER SHALL ISSUE. The Court next hears from Counsel concerning their progress regarding Electronically Stored Information (ESI) as well as discovery related issues regarding production of the Clark K. materials. IT IS FURTHER ORDERED:Status Conference set for 10/19/2010 @ 10:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (Copies have been distributed pursuant to the NEF - JAM) (Entered: 09/20/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
70

STIPULATION and [Proposed] Protective Order by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Fernandez, Dorothy) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
71

TRANSCRIPT of Proceedings, 69 Order on Motion to Stay, Order on Motion for Protective Order, Status Conference, held on Thursday, September 16, 2010, before Magistrate Judge Peggy A. Leen. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/26/2010. Redacted Transcript Deadline set for 11/5/2010. Release of Transcript Restriction set for 1/3/2011. (SLR) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
72

ORDER GRANTING 70 Stipulated Protective Order. See Order for details. Signed by Magistrate Judge Peggy A. Leen on 10/5/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
73

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Harold J. McElhinny and DESIGNATION of Local Counsel Bruno Wolfenzon (Filing fee $ 175 receipt number 0978-1762418) by Plaintiff Henry A.. Motion ripe 10/12/2010. (Attachments: # 1 Affidavit in Support of Petition for Pro Hac Vice Admission)(Rosenberg, Jeffrey) (Entered: 10/12/2010)

2 Affidavit in Support of Petition for Pro Hac Vice Admission

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Oct. 12, 2010

Oct. 12, 2010

PACER
74

RESPONSE /Opposition to the Verified Petition for Permission to Practice on behalf of Harold J. McElhinny filed by Defendants Clark County, Tom Morton, Virginia Valentine. (Sturman, Gloria) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
75

REPLY to 74 Response - Other ; PLAINTIFFS RESPONSE TO OPPOSITION TO THE VERIFIED PETITION FOR PERMISSION TO PRACTICE ON BEHALF OF HAROLD J. MCELHINNY filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Attachments: # 1 Declaration Declaration of Dorothy L. Fernandez in Support of Plaintiffs' Response to Opposition to the Verified Petition for Permission to Practice on Behalf of Harold J. McElhinny)(Fernandez, Dorothy) (Entered: 10/17/2010)

2 Declaration Declaration of Dorothy L. Fernandez in Support of Plaintiffs' R

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Oct. 17, 2010

Oct. 17, 2010

PACER
76

NOTICE of Hearing Location: Motion Hearing set for 10/19/2010 08:30 AM in LV will be conducted in Courtroom 7D before Judge Robert C. Jones. (no image attached)(LE) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
77

STRICKEN per 78 Minute Order. (MJZ) ORDER granting 73 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Harold J. McElhinny for Plaintiffs and approving Designation of Local Counsel. Signed by Judge Robert C. Jones on 10/19/2010. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MJZ) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
80

MINUTES OF PROCEEDINGS - Status Conference held on 10/19/2010 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Melissa Jaime; Pla Counsel: Gregory Schulman, Jeffrey Rosenberg, William Grimm, Dorothy Fernandez; Def Counsel: Margaret Foley, Wade Gochnour; Court Reporter/FTR #: 10:05 - 10:57 a.m.; Time of Hearing: 10:00 am; Courtroom: 3B; The Court makes an inquiry of counsel, as to the influence, the rulings made on the dispositive motions will have on the current discovery deadlines. Discussions are held between the Court, Mr. Rosenberg and Ms. Foley regarding three issues in relation to the Courts inquiry, the production of documents from Clark K., and the Countys failure to produce unredacted case documents and list of electronic discovery search terms. The Court next hears from Counsel concerning their progress regarding Electronically Stored Information (ESI). At this time the Court is going to require counsel to met and confer immediately after this hearing to attempt to reach a resolution. IT IS ORDERED: that a further status conference is set for 11/2/2010 @ 02:00 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. The parties may appear telephonically by dialing 702-868-4907, and entering code "123456" when prompted. FURTHER ORDERED the parties are to file a status report by 12:00 p.m. (Noon) on 10/29/2010. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) (Entered: 10/20/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
83

MINUTES OF PROCEEDINGS - Motion Hearing RE: 20 MOTION to Dismiss or in the Alternative Motion for a More Definite Statement, 21 MOTION to Dismiss, held on 10/19/2010 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Gregory Schulman, Jeffery Rosenberg, William Grimm, Dorothy Fernandez and Harold McElhinny on behalf of Lori Schechter; Def Counsel: Gloria Sturman, Margaret Foley and Linda Anderson; Court Reporter/FTR #: Margaret Griener; Time of Hearing: 8:38 - 9:43 AM; Courtroom: 7D; Preliminarily, the Court hears arguments of counsel with respect to 73 Verified Petition for Permission to Practice Pro Hac Vice by Harold J. McElhinny. IT IS ORDERED that 73 Verified Petition for Permission to Practice Pro Hac Vice by Harold J. McElhinny is DENIED. Mr. McElhinny's request to appear on behalf of Lori A. Schechter for purpose of this proceeding is granted.Next, the Court hears arguments of counsel with regard to the motions at issue. Counsel shall supplement the record with copies of their briefs filed in the Ninth Circuit Court of Appeals, as directed by the Court. The Court takes this matter under submission. Written ruling of the Court will issue.IT IS ORDERED that any similar lawsuits filed in this District asserting class allegations, shall be assigned to Judge Robert C. Jones.(no image attached) (Copies have been distributed pursuant to the NEF - LE) (Entered: 10/22/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
78

MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 10/19/2010. By Deputy Clerk: Michael Zadina. IT IS HEREBY ORDERED that 73 Verified Petition for Permission to Practice Pro Hac Vice by Harold J. McElhinny is DENIED and 77 Order is STRICKEN.(no image attached) (Copies have been distributed pursuant to the NEF - MJZ) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
79

ORDER that the Clark County Defendants Motion for Protective Order 54 is DENIED. Signed by Magistrate Judge Peggy A. Leen on 10/20/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

RECAP
81

TRANSCRIPT of Proceedings, 80 Status Conference held on 10/19/2010, before Magistrate Judge Peggy A. Leen. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/11/2010. Redacted Transcript Deadline set for 11/21/2010. Release of Transcript Restriction set for 1/19/2011. (ABB) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
82

SUPPLEMENT CLARK K. BRIEFS FILED IN NINTH CIRCUIT COURT OF APPEALS REQUESTED BY JUDGE JONES by Defendants Clark County, Tom Morton, Virginia Valentine. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sturman, Gloria) (Entered: 10/21/2010)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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Oct. 21, 2010

Oct. 21, 2010

PACER
84

TRANSCRIPT of Proceedings held on 10/19/2010 before Judge Robert C. Jones. Court Reporter/Transcriber: Margaret Griener, 775-329-9980. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website <a href=http://www.nvd.uscourts.gov target=_blank>www.nvd.uscourts.gov</a> before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/16/2010. Redacted Transcript Deadline set for 11/26/2010. Release of Transcript Restriction set for 1/24/2011. (MG) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER
85

ORDER Granting 20 and 21 Motions to Dismiss. Signed by Judge Robert C. Jones on 10/26/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 10/27/2010)

Oct. 26, 2010

Oct. 26, 2010

RECAP
86

CLERK'S JUDGMENT in favor of Clark County, Diane Comeaux, Michael Willden, Tom Morton, and Virginia Valentine and against Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., and Victor C. Signed by Clerk of Court, Lance S. Wilson on 10/27/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
87

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 10/28/2010. Due to this case being CLOSED on October 26, 2010, the status hearing, currently scheduled for November 2, 2010 at 2:00 p.m. is VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - TKH) (Entered: 10/28/2010)

Oct. 28, 2010

Oct. 28, 2010

PACER
88

BILL OF COSTS by Defendants Clark County, Tom Morton, Virginia Valentine. Tax or object to Bill of Costs by 11/29/2010. (Sturman, Gloria) (Entered: 11/11/2010)

Nov. 11, 2010

Nov. 11, 2010

PACER
89

NOTICE OF APPEAL by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. Filing fee $ 455, receipt number 0978-1805337. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Rosenberg, Jeffrey) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
90

OBJECTION to 88 Bill of Costs ; filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Rosenberg, Jeffrey) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
91

ERRATA to 90 Objection to Bill of Costs ; Corrected Proof of Service filed by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C.. (Rosenberg, Jeffrey) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
92

USCA Appeal Fees received $455 receipt number 0978-1805337 re 89 Notice of Appeal, filed by Delia D., Sheldon H., Maizy D., Olivia G., Linda E., Mason I., Christine F., Henry A., Jonathan D., Charles B., Leo C., Victor C., Charlotte B.. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (JAG) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
93

Designation of Transcripts and Transcript Order forms and instructions for 89 Notice of Appeal,. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov/Forms.aspx. (JAG) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
94

ORDER for Time Schedule as to 89 Notice of Appeal, filed by Delia D., Sheldon H., Maizy D., Olivia G., Linda E., Mason I., Christine F., Henry A., Jonathan D., Charles B., Leo C., Victor C., Charlotte B.. USCA Case Number 10-17680. (JAG) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
95

COSTS TAXED in the amount of $0.00 and included in the judgment re 88 Bill of Costs. (MJZ) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
96

TRANSCRIPT DESIGNATION by Plaintiffs Charles B., Charlotte B., Christine F., Delia D., Henry A., Jonathan D., Leo C., Linda E., Maizy D., Mason I., Olivia G., Sheldon H., Victor C. re 89 Notice of Appeal, 83 Motion Hearing,,,,,, 84 Transcript,,. Designation of Transcripts to be Used in Record on Appeal (Fernandez, Dorothy) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
97

CERTIFICATE OF RECORD on 89 Notice of Appeal. The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal. This file exists in electronic format and is accessible via CM/ECF - PACER. The documents comprising the United States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs. Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached) (ASB) (Entered: 11/02/2011)

Nov. 2, 2011

Nov. 2, 2011

PACER
98

ORDER of USCA, Ninth Circuit, as to 89 Notice of Appeal. Appellants unopposed request for judicial notice, filed May 4, 2011, is GRANTED. (ECS) (Entered: 04/30/2012)

April 27, 2012

April 27, 2012

PACER
99

MEMORANDUM/OPINION of USCA, Ninth Circuit, as to 89 Notice of Appeal. We REVERSE the dismissal of Counts One, Two, Three, Eight, and Eleven; AFFIRM the dismissal of Counts Nine and Ten; and REMAND for further proceedings. On remand, the district court should allow Plaintiffs leave to amend their substantive due process claims, and Plaintiffs can seek further leave to amend if they wish to add a claim under the IDEAs express cause of action. Plaintiffs shall recover their costs on appeal. REVERSED in part, AFFIRMED in part, and REMANDED. (ECS) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
100

MANDATE of USCA, Ninth Circuit, as to 99 USCA Memorandum re 89 Notice of Appeal. REVERSED in part, AFFIRMED in part, and REMANDED. (ECS) (Entered: 06/05/2012)

June 1, 2012

June 1, 2012

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were a group of foster children, foster parents, relatives, and advocates.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Nevada Department of Health and Human Services, State

Nevada Clark County (Clark), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2075000

Issues

General:

Foster care (benefits, training)

Neglect by staff

Suicide prevention

Disability and Disability Rights:

Hearing impairment