Case: Doe ex rel. Doe v. Haley

8:13-cv-01772 | U.S. District Court for the District of South Carolina

Filed Date: May 30, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On May 30, 2013, an eleven-year-old child in the custody of the South Carolina Department of Social Services (SCDSS), filed a lawsuit in the Court of Common Pleas, Abbeville County, South Carolina under 42 U.S.C. § 1983 and state law against SCDSS, the Boys Home of the South (BHOTS), and individuals employed by both organizations. Plaintiff, represented by Children's Rights, Inc. and private counsel, asked the court for damages, punitive damages, and attorneys' fees. Plaintiff claimed that Def…

On May 30, 2013, an eleven-year-old child in the custody of the South Carolina Department of Social Services (SCDSS), filed a lawsuit in the Court of Common Pleas, Abbeville County, South Carolina under 42 U.S.C. § 1983 and state law against SCDSS, the Boys Home of the South (BHOTS), and individuals employed by both organizations. Plaintiff, represented by Children's Rights, Inc. and private counsel, asked the court for damages, punitive damages, and attorneys' fees. Plaintiff claimed that Defendants' policies and customs failed to comply with federal and state law, which violated Plaintiff's Fourteenth Amendment rights, and that their gross negligence caused him permanent mental harm and injury. Specifically, Plaintiff claimed that while he was placed at BHOTS--a "low management" group home licensed by SCDSS that did not require awake staff at all times--he was repeatedly attacked and sexually assaulted by older boys at the home. He claimed that Defendants violated his rights to a safe and secure placement in state custody, his right to adequate supervision, and his right to prompt mental health treatment under both federal and state law.

On June 28, 2013, Defendants removed the case to the United States District Court for the District of South Carolina.

Over the next few months, the parties engaged in fact and expert discovery. As discovery proceeded, Plaintiff agreed to stipulate to the dismissal of several of the individual Defendants. The remainder of the Defendants, including SCDSS and BHOTS, moved for summary judgment.

On February 4, 2014, while the motions for summary judgment were pending, Plaintiff and the BHOTS Defendants reached a settlement for an undisclosed sum of money, including $188,285.27 in costs. The settlement document did disclose, however, that as a result of the litigation, BHOTS was ceasing operations and would be filing for articles of dissolution with the South Carolina Attorney General. The Court (Judge Anderson) later approved the settlement on March 10, 2014.

On February 14, 2014, the Court (Judge Anderson), in a brief, two-page order, denied the SCDSS Defendants' motion for summary judgment. The Court simply stated that, "[b]ased on the filings of both sides, and their arguments during the hearing, this Court finds that genuine issues of material fact exist."

On March 28, 2014, following mediation and shortly before jury selection was to begin, Plaintiff and the SCDSS Defendants (the remaining Defendants) reached a settlement for an undisclosed sum of money, including $17,186.58 in costs. With the SCDSS settlement, all parties had either settled or been dismissed, and the case concluded.

Summary Authors

Dan Whitman (3/21/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5213408/parties/doe-v-haley/


Judge(s)

Anderson, George Ross Jr. (South Carolina)

Attorney for Plaintiff

Borten, Laurence D. (New York)

Butcher, Robert J. (South Carolina)

Attorney for Defendant

Davidson, William Henry II (South Carolina)

Dowling, Curtis W. (South Carolina)

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Documents in the Clearinghouse

Document

8:13-cv-01772

Docket

Doe v. Haley

July 30, 2014

July 30, 2014

Docket
1

8:13-cv-01772

Amended Complaint

May 30, 2013

May 30, 2013

Complaint
175

8:13-cv-01772

Petition to Approve a Minor Settlement (with Boys Home of the South)

Feb. 4, 2014

Feb. 4, 2014

Settlement Agreement
218

8:13-cv-01772

Petition to Approve a Minor Settlement (with South Carolina Department of Social Services)

March 28, 2014

March 28, 2014

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5213408/doe-v-haley/

Last updated March 23, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Court of Common Pleas, Abbeville County, case number 2013-CP-01-104. (Filing fee $400 receipt number 0420-4799962), filed by Merry Eve Poole, Department of Social Services, Ursula Best, Cassandra Daniels, Robin Kubler. (Attachments: # 1 State Court Answer, # 2 State Court Summons and Amended Complaint)(mbro) (Entered: 06/28/2013)

1 State Court Answer

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2 State Court Summons and Amended Complaint

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June 28, 2013

June 28, 2013

PACER
3

Local Rule 26.01 Answers to Interrogatories by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole.(mbro) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
4

CERTIFICATE OF SERVICE by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole re 1 Notice of Removal, 3 Local Rule 26.01 Answers to Interrogatories (mbro) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
5

NOTICE TO COUNSEL - All future pleadings submitted for filing must contain the attorney's graphical signature instead of the s/typed name. This should be accomplished through the use of a graphical signature inserted on a created document and not a signed signature on a printed document that is subsequently scanned. Pursuant to the Judicial Filing Preferences, All legal memoranda MUST be converted rather than scanned. Please refer to these preferences for all additional pleadings.(mbro) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
8

NOTICE of Appearance by Robert J Butcher on behalf of John Doe (Butcher, Robert) (Main Document 8 replaced on 7/2/2013) (alew, ). Modified on 7/2/2013 to replace with corrected document provided by filing user(alew, ). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
9

NOTICE of Appearance by Heather Hite Stone on behalf of John Doe (Stone, Heather) (Main Document 9 replaced on 7/2/2013) (alew, ). Modified on 7/2/2013 to replace with corrected document provided by filing user (alew, ). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
13

NOTICE of Appearance by Kenneth Paul Woodington on behalf of Nikki Haley (Woodington, Kenneth) (Main Document 13 replaced on 7/2/2013) (alew, ). Modified on 7/2/2013 to replace with corrected document provided by filing user (alew, ). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
18

CERTIFICATE OF SERVICE by Ursula Best, Cassandra Daniels, Robin Kubler, Merry Eve Poole re 1 Notice of Removal, (Logan, James) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
27

ANSWER to Amended State Court Complaint by Donna D Outen.(Frawley, Patrick) Modified on 7/2/2013 to edit text(alew, ). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
28

ANSWER to Amended State Court Complaint by Robert Seepersaud.(Frawley, Patrick) Modified on 7/2/2013 to edit text (alew, ). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
29

Local Rule 26.01 Answers to Interrogatories by Donna D Outen.(Frawley, Patrick) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
30

Local Rule 26.01 Answers to Interrogatories by Robert Seepersaud.(Frawley, Patrick) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
31

SUMMONS Returned Executed by John Doe. (Attachments: # 1 State Court Documents Exhibit 1 - Nikki Haley Acceptance of Service, # 2 State Court Documents Exhibit 2 - Boys Home of the South Acceptance of Service, # 3 State Court Documents Exhibit 3 - Donna Outen Acceptance of Service, # 4 State Court Documents Exhibit 4 - Robert Seepersaud Acceptance of Service, # 5 State Court Documents Exhibit 5 - Cassandra Daniels, # 6 State Court Documents Exhibit 6 - Ursula Best Acceptance of Service, # 7 State Court Documents Exhibit 7 - Charlene Robinson Acceptance of Service, # 8 State Court Documents Exhibit 8 - Lillian Koller Acceptance of Service, # 9 State Court Documents Exhibit 9 - Debra Wise Acceptance of Service, # 10 State Court Documents Exhibit 10 - Merry Eve Poole Acceptance of Service, # 11 State Court Documents Exhibit 11 - Patricia Boswell Acceptance of Service, # 12 State Court Documents Exhibit 12 - Isabel Blanco Acceptance of Service, # 13 State Court Documents Exhibit 13 - Kathleen Hayes Acceptance of Service, # 14 State Court Documents Exhibit 14 - Robin Kubler Acceptance of Service)(Butcher, Robert) Modified on 7/2/2013 to edit text(alew, ). Modified on 7/2/2013 to correct filing date(alew, ). (Entered: 07/02/2013)

1 State Court Documents Exhibit 1 - Nikki Haley Acceptance of Service

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2 State Court Documents Exhibit 2 - Boys Home of the South Acceptance of Service

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3 State Court Documents Exhibit 3 - Donna Outen Acceptance of Service

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4 State Court Documents Exhibit 4 - Robert Seepersaud Acceptance of Service

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5 State Court Documents Exhibit 5 - Cassandra Daniels

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6 State Court Documents Exhibit 6 - Ursula Best Acceptance of Service

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7 State Court Documents Exhibit 7 - Charlene Robinson Acceptance of Service

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8 State Court Documents Exhibit 8 - Lillian Koller Acceptance of Service

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9 State Court Documents Exhibit 9 - Debra Wise Acceptance of Service

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10 State Court Documents Exhibit 10 - Merry Eve Poole Acceptance of Service

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11 State Court Documents Exhibit 11 - Patricia Boswell Acceptance of Service

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12 State Court Documents Exhibit 12 - Isabel Blanco Acceptance of Service

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13 State Court Documents Exhibit 13 - Kathleen Hayes Acceptance of Service

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14 State Court Documents Exhibit 14 - Robin Kubler Acceptance of Service

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July 1, 2013

July 1, 2013

PACER
32

SUMMONS Returned Executed by John Doe. Department of Social Services served. (Attachments: # 1 Affidavit of Service - SCDSS)(Butcher, Robert) Modified on 7/2/2013 to edit text, to remove duplicate text (alew, ). Modified on 7/2/2013 to correct filing date (alew, ). (Entered: 07/02/2013)

1 Affidavit Affidavit of Service - SCDSS

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July 1, 2013

July 1, 2013

PACER
33

DELETION OF DOCKET ENTRY NUMBERS 7-10,11,12,14-17,19,20-26 Reason: attorney refiled corrected document. Corrected Filing Document Number 31, 32 Modified filing date to that of original filing: 7/1/13 (alew, ) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
35

ANSWER to Amended State Court Complaint by Department of Social Services.(Logan, James) Modified on 7/3/2013 to edit text (alew, ). (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
36

ANSWER to Amended State Court Complaint by Ursula Best, Cassandra Daniels, Robin Kubler, Merry Eve Poole.(Logan, James) Modified on 7/3/2013 to edit text(alew, ). (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
37

MOTION to Strike by Department of Social Services. Response to Motion due by 7/19/2013. No proposed order.(Logan, James) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
38

MOTION to Strike by Ursula Best, Cassandra Daniels, Robin Kubler, Merry Eve Poole. Response to Motion due by 7/19/2013. No proposed order.(Logan, James) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
39

MOTION for More Definite Statement by Department of Social Services. Response to Motion due by 7/19/2013. No proposed order.(Logan, James) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
40

MOTION for More Definite Statement by Ursula Best, Cassandra Daniels, Robin Kubler, Merry Eve Poole. Response to Motion due by 7/19/2013. No proposed order.(Logan, James) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
41

ANSWER to Amended State Court Complaint by Patricia Boswell, Charlene Robinson, Debra Wise.(Matthews, Eugene) Modified on 7/3/2013 to edit text(alew, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
42

Local Rule 26.01 Answers to Interrogatories by Patricia Boswell, Charlene Robinson, Debra Wise.(Matthews, Eugene) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
43

ANSWER to Complaint by Nikki Haley.(Woodington, Kenneth) (Main Document 43 replaced on 7/8/2013) (alew, ). Modified on 7/8/2013 to replace with corrected document provided by filing user (alew, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
44

Local Rule 26.01 Answers to Interrogatories by Nikki Haley.(Woodington, Kenneth) (Main Document 44 replaced on 7/8/2013) (alew, ). Modified on 7/8/2013 to replace with corrected document provided by filing user(alew, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
45

SUMMONS Returned Executed by John Doe. Cynthia Brock served on 6/28/2013, answer due 7/19/2013; Vernon Hayes served on 6/28/2013, answer due 7/19/2013; Richelle Owens served on 6/28/2013, answer due 7/19/2013. (Attachments: # 1 Exhibit 1 - Cynthia Brock Acceptance of Service, # 2 Exhibit 2 - Richelle Owens Acceptance of Service, # 3 Exhibit 3 - Vernon Hayes Acceptance of Service)(Butcher, Robert) Modified on 7/8/2013 to remove duplicative text(alew, ). (Entered: 07/03/2013)

1 Exhibit 1 - Cynthia Brock Acceptance of Service

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2 Exhibit 2 - Richelle Owens Acceptance of Service

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3 Exhibit 3 - Vernon Hayes Acceptance of Service

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July 3, 2013

July 3, 2013

PACER
46

ANSWER to Complaint by Isabel Blanco, Lillian Koller. (Hughes, Joel) Modified on 7/8/2013 to remove document incorrectly filed as an attachment. Filed by the clerk as docket entry 52 (alew, ). (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
52

Local Rule 26.01 Answers to Interrogatories by Isabel Blanco, Lillian Koller. (alew, ) (Entered: 07/08/2013)

July 3, 2013

July 3, 2013

PACER
47

ANSWER to Complaint by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
48

Local Rule 26.01 Answers to Interrogatories by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
49

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
50

ANSWER to Complaint by Kathleen Hayes.(Wlodarczyk, Damon) (Main Document 50 replaced on 7/9/2013) (alew, ). Modified on 7/9/2013 to replace with corrected document provided by filing user(alew, ). (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
51

Local Rule 26.01 Answers to Interrogatories by Kathleen Hayes.(Wlodarczyk, Damon) (Main Document 51 replaced on 7/9/2013) (alew, ). Modified on 7/9/2013 to replace with corrected document provided by filing user (alew, ). (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
53

NOTICE of Appearance by Matthew Gregory Gerrald on behalf of Boys of the South Inc (Gerrald, Matthew) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
55

SUMMONS Returned Executed by John Doe. Johnny Jones served 7/7/13, answer due 7/28/13. (Butcher, Robert) Modified on 7/9/2013 to edit text (alew, ). (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
56

DELETION OF DOCKET ENTRY NUMBER 54 Reason: per attorney request (alew, ) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
57

MOTION to Appear Pro Hac Vice by Ira P. Lustbader ( Filing fee $ 250 receipt number 0420-4815188) by John Doe. Response to Motion due by 7/26/2013. (Attachments: # 1 Exhibit Application for Pro Hac Vice, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) Modified on 7/9/2013 to correct spelling (alew, ). (Main Document 57 replaced on 7/9/2013) (alew, ). Modified on 7/9/2013 to replace with corrected document per attorney request (alew, ). (Entered: 07/09/2013)

1 Exhibit Application for Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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July 9, 2013

July 9, 2013

PACER
58

MOTION to Appear Pro Hac Vice by Marcia Robinson Lowry ( Filing fee $ 250 receipt number 0420-4815272) by John Doe. Response to Motion due by 7/26/2013. (Attachments: # 1 Exhibit Application for Admission, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) Modified on 7/9/2013 to correct spelling (alew, ). (Main Document 58 replaced on 7/9/2013) (alew, ). Modified on 7/9/2013 to replace with corrected document per attorney request (alew, ). (Entered: 07/09/2013)

1 Exhibit Application for Admission

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2 Exhibit Certificate of Good Standing

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July 9, 2013

July 9, 2013

PACER
59

Amended Local Rule 26.01 Answers to Interrogatories by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER
60

CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/30/2013, 26(a) Initial Disclosures due by 8/13/2013, Rule 26 Report due by 8/13/2013, Motions to Amend Pleadings due by 8/26/2013, Plaintiffs ID of Expert Witness due by 9/25/2013, Defendants ID of Expert Witnesses Due by 10/25/2013, Records Custodian Affidavit due by 10/25/2013, Discovery due by 12/24/2013, Motions due by 1/3/2014, Rule 26(a)(3) Disclosures due by 3/7/2014, Jury Selection Deadline 4/7/2014, Mediation Due by 3/28/2014. Signed by Honorable G Ross Anderson, Jr on 7/10/13. (alew, ) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER
61

ORDER granting 57 Motion to Appear Pro Hac Vice as to Ira Lustbader for John Doe. Signed by Honorable G Ross Anderson, Jr on 7/11/13.(alew, ) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
62

ORDER granting 58 Motion to Appear Pro Hac Vice as to Marcia Lowry for John Doe. Signed by Honorable G Ross Anderson, Jr on 7/11/13.(alew, ) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
63

Local Rule 26.01 Answers to Interrogatories by John Doe.(Butcher, Robert) Modified on 7/12/2013 to remove duplicative text(alew, ). (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
64

ANSWER to Complaint by Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.(Dowling, Curtis) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
65

Local Rule 26.01 Answers to Interrogatories by Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.(Dowling, Curtis) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
66

SUMMONS Returned Executed by John Doe. Nicole Lindsey served on 7/17/2013, answer due 8/7/2013. (Attachments: # 1 Exhibit Acceptance of Service)(Butcher, Robert) (Entered: 07/18/2013)

1 Exhibit Acceptance of Service

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July 18, 2013

July 18, 2013

PACER
68

RESPONSE in Opposition re 39 MOTION for More Definite Statement, 37 MOTION to Strike Response filed by John Doe.Reply to Response to Motion due by 7/29/2013 (Attachments: # 1 Memo in Support Memorandum of Law, # 2 State Court Documents Exhibit 1 - SCDSS Answer, # 3 Exhibit Exhibit 2 - E-mail Correspondence with Defendant, # 4 State Court Documents Exhibit 3 - Motion to Appoint GAL, # 5 Exhibit Exhibit 4 - Correspondence with Defendant, # 6 Exhibit Exhibit 5 - Case Law - Ransom v. VFS, # 7 Exhibit Exhibit 6 - Case Law - TM, LLC v. Anderson)(Butcher, Robert) (Entered: 07/19/2013)

1 Memo in Support Memorandum of Law

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2 State Court Documents Exhibit 1 - SCDSS Answer

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3 Exhibit Exhibit 2 - E-mail Correspondence with Defendant

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4 State Court Documents Exhibit 3 - Motion to Appoint GAL

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5 Exhibit Exhibit 4 - Correspondence with Defendant

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6 Exhibit Exhibit 5 - Case Law - Ransom v. VFS

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7 Exhibit Exhibit 6 - Case Law - TM, LLC v. Anderson

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July 19, 2013

July 19, 2013

PACER
69

RESPONSE in Opposition re 38 MOTION to Strike, 40 MOTION for More Definite Statement Response filed by John Doe.Reply to Response to Motion due by 7/29/2013 (Attachments: # 1 Memo in Support Memorandum of Law, # 2 State Court Documents Exhibit 1 - Defendant's Answer, # 3 Exhibit Exhibit 2 - E-mail Correspondence with Defendant, # 4 State Court Documents Exhibit 3 - Motion to Appoint GAL, # 5 Exhibit Exhibit 4 - Correspondence with Defendant, # 6 Exhibit Exhibit 5 - Case Law - Ransom v. VFS, # 7 Exhibit Exhibit 6 - Case Law - TM, LLC v. Anderson)(Butcher, Robert) (Entered: 07/19/2013)

1 Memo in Support Memorandum of Law

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2 State Court Documents Exhibit 1 - Defendant's Answer

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3 Exhibit Exhibit 2 - E-mail Correspondence with Defendant

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4 State Court Documents Exhibit 3 - Motion to Appoint GAL

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5 Exhibit Exhibit 4 - Correspondence with Defendant

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6 Exhibit Exhibit 5 - Case Law - Ransom v. VFS

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7 Exhibit Exhibit 6 - Case Law - TM, LLC v. Anderson

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July 19, 2013

July 19, 2013

PACER
70

REPLY to Response to Motion re 37 MOTION to Strike, 39 MOTION for More Definite Statement Response filed by Department of Social Services. (Logan, James) (Main Document 70 replaced on 7/30/2013) (alew, ). Modified on 7/30/2013 to replace with corrected document provided by filing user (alew, ). (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
71

REPLY to Response to Motion re 38 MOTION to Strike, 40 MOTION for More Definite Statement Response filed by Ursula Best, Cassandra Daniels, Robin Kubler, Merry Eve Poole. (Logan, James) (Main Document 71 replaced on 7/30/2013) (alew, ). Modified on 7/30/2013 to replace with corrected document provided by filing user(alew, ). (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
72

ANSWER to Complaint by Johnny Jones. (Attachments: # 1 Certificate of Service)(Halio, Andrew) (Entered: 07/29/2013)

1 Certificate of Service

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July 29, 2013

July 29, 2013

PACER
73

Local Rule 26.01 Answers to Interrogatories by Johnny Jones. (Attachments: # 1 Certificate of Service)(Halio, Andrew) (Entered: 07/30/2013)

1 Certificate of Service

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July 30, 2013

July 30, 2013

PACER
75

DISCOVERY REPORT and LOCAL RULE 26.03 REPORT by John Doe.(Butcher, Robert) Modified on 8/13/2013: to add LR 26.03 (kmca). (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
76

Defendants Local Rule 26.03 Answers to Interrogatories by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole, Boys Home of the South Inc, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, Johnny Jones, Lillian Koller Isabel Blanco, Nikki Haley, Donna Outen, Robert Seepersaud, Patricia Boswell, Debra Wise, Charlene Robinson, Kathleen Hayes, and Johnny Jones.(Logan, James) Modified on 8/13/2013: to add filers listed on document (kmca). (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
77

MOTION for Confidentiality Order by John Doe. Response to Motion due by 8/29/2013. (Attachments: # 1 Memorandum of Law, # 2 Addendum Red-Line Against Proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) Modified on 8/13/2013: to remove duplicate text (kmca). (Entered: 08/12/2013)

1 Memorandum of Law

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2 Addendum Red-Line Against Proposed Confidentiality Order

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Aug. 12, 2013

Aug. 12, 2013

PACER
78

ORDER re 77 MOTION for Confidentiality Order filed by John Doe. Hearing set for Thursday, 8/29/2013 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr for the court to consider both parties' requests for confidentiality orders and amended scheduling orders. Signed by Honorable G Ross Anderson, Jr on 8/14/13. (alew, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
79

NOTICE of Hearing on Requests for Confidentiality Orders and Amended Scheduling Orders :Hearing set for Thursday, 8/29/2013 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) Modified on 8/14/2013 to edit text(alew, ). (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
80

MOTION for Confidentiality Order by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole, Debra Wise, Robert Seepersaud, Charlene Robinson, Richelle Owens, Donna D Outen, Nicole Lindsey, Lillian Koller, Johnny Jones, Vernon Hayes, Kathleen Hayes, Nikki Haley, Cynthia Brock, Boys Home of the South Inc, Patricia Boswell, Isabel Blanco. Response to Motion due by 9/3/2013. (Attachments: # 1 Proposed Order Red-lined Confidentiality Order, # 2 Proposed Order Defendants' Proposed Confidentiality Order)No proposed order.(Logan, James) Modified on 8/15/2013 to add filers listed on document(alew, ). (Entered: 08/14/2013)

1 Proposed Order Red-lined Confidentiality Order

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2 Proposed Order Defendants' Proposed Confidentiality Order

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Aug. 14, 2013

Aug. 14, 2013

PACER
81

RESPONSE in Opposition re 77 MOTION for Confidentiality Order Response filed by Ursula Best, Isabel Blanco, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, Nikki Haley, Kathleen Hayes, Vernon Hayes, Johnny Jones, Lillian Koller, Robin Kubler, Nicole Lindsey, Donna D Outen, Richelle Owens, Merry Eve Poole, Charlene Robinson, Robert Seepersaud, Debra Wise.Reply to Response to Motion due by 9/6/2013 (Logan, James) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
83

Minute Entry. Proceedings held before Honorable G Ross Anderson, Jr: taking under advisement 77 Motion for Confidentiality Order; taking under advisement 80 Motion for Confidentiality Order. Order from the court forthcoming. Nothing due from counsel. Motion Hearing held on 8/29/2013. Court Reporter Jean Cole. (pbri, ) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
84

DELETION OF DOCKET ENTRY NUMBER 84 Reason: per judge's preferences, document should not have been filed. (alew, ) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
85

OPINION AND ORDER on Motions for Entry of Scheduling and Confidentiality Orders: denying 77 Motion for Confidentiality Order; denying 80 Motion for Confidentiality Order. Signed by Honorable G Ross Anderson, Jr on 9/5/13.(alew, ) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

RECAP
86

CONFIDENTIALITY ORDER as set out. Signed by Honorable G Ross Anderson, Jr on 9/5/13. (alew, ) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
87

MOTION to Amend/Correct 60 Scheduling Order,, by John Doe. Response to Motion due by 10/11/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
88

AMENDED SCHEDULING ORDER as to Expert Disclosures: Plaintiffs ID of Expert Witness due by 10/16/2013,, Defendants ID of Expert Witnesses Due by 11/13/2013. Motion granted: 87 MOTION to Amend/Correct 60 Scheduling Order, filed by John Doe. Signed by Honorable G Ross Anderson, Jr on 9/25/13. (alew, ) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
89

PLAINTIFF'S ID OF EXPERT WITNESSES by John Doe.(Butcher, Robert) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
90

MOTION to Appear Pro Hac Vice by Aaron H. Finch ( Filing fee $ 250 receipt number 0420-4967337) by John Doe. Response to Motion due by 10/21/2013. (Attachments: # 1 Exhibit Pro Hac Vice Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) (Entered: 10/02/2013)

1 Exhibit Pro Hac Vice Application

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2 Exhibit Certificate of Good Standing

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Oct. 2, 2013

Oct. 2, 2013

PACER
91

MOTION to Appear Pro Hac Vice by Kathryn A. Wood ( Filing fee $ 250 receipt number 0420-4967378) by John Doe. Response to Motion due by 10/21/2013. (Attachments: # 1 Exhibit Pro Hac Vice Application, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) (Entered: 10/02/2013)

1 Exhibit Pro Hac Vice Application

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2 Exhibit Certificate of Good Standing

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Oct. 2, 2013

Oct. 2, 2013

PACER
92

ORDER granting 90 Motion to Appear Pro Hac Vice as to Aaron Finch for plaintiff John Doe. Signed by Honorable G Ross Anderson, Jr on 10/3/13.(alew, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
93

ORDER granting 91 Motion to Appear Pro Hac Vice as to Kathryn Wood for plaintiff John Doe. Signed by Honorable G Ross Anderson, Jr on 10/3/13.(alew, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
95

PLAINTIFF'S ID OF EXPERT WITNESSES Dr. Goetz by John Doe.(Butcher, Robert) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
96

MOTION to Amend/Correct 88 Scheduling Order, 60 Scheduling Order, by John Doe. Response to Motion due by 11/4/2013. Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) Modified on 10/17/2013 to edit text (alew, ). (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
97

ORDER denying 96 Motion to Amend/Correct 60, 88 Scheduling Order. Signed by Honorable G Ross Anderson, Jr on 10/18/13.(alew, ) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
98

Joint MOTION for Protective Order and Quash Subpoenas by Ursula Best, Isabel Blanco, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, Nikki Haley, Kathleen Hayes, Vernon Hayes, Johnny Jones, Lillian Koller, Robin Kubler, Nicole Lindsey, Donna D Outen, Richelle Owens, Merry Eve Poole, Charlene Robinson, Robert Seepersaud, Debra Wise. Response to Motion due by 11/12/2013. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Redacted Subpoenas, # 3 Exhibit B - Email from Plaintiff's Counsel, # 4 Exhibit C - Redacted Objection Letters to Subpoenas, # 5 Exhibit D - Redacted Interrogatory Responses by Plaintiff)No proposed order.(Wlodarczyk, Damon). Added MOTION to Quash Subpoenas on 10/28/2013; modified to add motion relief(alew, ). (Entered: 10/25/2013)

1 Memo in Support

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2 Exhibit A - Redacted Subpoenas

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3 Exhibit B - Email from Plaintiff's Counsel

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4 Exhibit C - Redacted Objection Letters to Subpoenas

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5 Exhibit D - Redacted Interrogatory Responses by Plaintiff

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Oct. 25, 2013

Oct. 25, 2013

PACER
99

PLAINTIFF'S ID OF EXPERT WITNESSES Vander Kolk and Reavis by John Doe.(Butcher, Robert) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
100

DEFENDANT'S ID OF EXPERT WITNESSES by Boys Home of the South Inc, Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.(Gerrald, Matthew) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
101

DEFENDANT'S ID OF EXPERT WITNESSES by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole.(Logan, James) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
103

NOTICE of Appearance by Melissa Memolo Nichols on behalf of Julie Valentine Center (Nichols, Melissa) (Main Document 103 replaced on 10/29/2013) (alew, ). Modified on 10/29/2013 to replace with corrected document provided by filing user(alew, ). (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER
104

NOTICE of Hearing on Motion 98 Joint MOTION for Protective Order and Quash Subpoenas MOTION to Quash : Motion Hearing set for Monday, 11/25/2013 10:15 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
105

PLAINTIFF'S ID OF EXPERT WITNESSES by John Doe.(Butcher, Robert) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
106

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing on Requests for Confidentiality Orders and Amended Scheduling Orders held on 08/29/2013, before Judge Honorable G. Ross Anderson. Court Reporter/Transcriber Jean L. Cole`, Telephone number/E-mail (864)350-1304 or email at jejocole@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or from the court reporter. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/3/2014. (jcole, ) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
107

MOTION for Protective Order, MOTION to Quash ( Response to Motion due by 11/25/2013.) by Julie Valentine Center. (Attachments: # 1 Memo in Support)No proposed order.(Nichols, Melissa) (Entered: 11/07/2013)

1 Memo in Support

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Nov. 7, 2013

Nov. 7, 2013

PACER
108

RESPONSE in Opposition re 98 Joint MOTION for Protective Order and Quash Subpoenas MOTION to Quash Response filed by John Doe.Reply to Response to Motion due by 11/18/2013 (Attachments: # 1 Affidavit Declaration of Robert Butcher with Exhibits A and B)(Butcher, Robert) (Entered: 11/08/2013)

1 Affidavit Declaration of Robert Butcher with Exhibits A and B

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Nov. 8, 2013

Nov. 8, 2013

PACER
109

REVISED NOTICE of Hearing on Motion 107 MOTION for Protective Order MOTION to Quash, 98 Joint MOTION for Protective Order and Quash Subpoenas MOTION to Quash : Motion Hearing set for 11/25/2013 10:15 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
110

DEFENDANT'S ID OF EXPERT WITNESSES by Ursula Best, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, Vernon Hayes, Johnny Jones, Robin Kubler, Nicole Lindsey, Richelle Owens, Merry Eve Poole.(Logan, James) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
111

MOTION to Appear Pro Hac Vice by Laurence Borten ( Filing fee $ 250 receipt number 0420-5047604) by John Doe. Response to Motion due by 12/9/2013. (Attachments: # 1 Affidavit Pro Hac Vice Application)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) (Additional attachment(s) added on 11/20/2013: # 2 Certificate of Good Standing-Laurence D. Borten) (alew, ). Modified on 11/20/2013 to add document provided by filing user(alew, ). (Entered: 11/20/2013)

1 Affidavit Pro Hac Vice Application

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2 Certificate of Good Standing-Laurence D. Borten

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Nov. 20, 2013

Nov. 20, 2013

PACER
112

MOTION to Appear Pro Hac Vice by Sarah Russo ( Filing fee $ 250 receipt number 0420-5047725) by John Doe. Response to Motion due by 12/9/2013. (Attachments: # 1 Affidavit Application for Pro Hac Vice, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Butcher, Robert) (Entered: 11/20/2013)

1 Affidavit Application for Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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Nov. 20, 2013

Nov. 20, 2013

PACER
113

NOTICE of Appearance by C Cliff Rollins on behalf of Patricia Boswell, Charlene Robinson, Debra Wise (Rollins, C) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
114

RESPONSE in Opposition re 107 MOTION for Protective Order MOTION to Quash Response filed by John Doe.Reply to Response to Motion due by 12/5/2013 (Butcher, Robert) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
115

ORDER granting 111 Motion to Appear Pro Hac Vice as to Laurence Drew Borten for plaintiff. Signed by Honorable G Ross Anderson, Jr on 11/22/13.(alew, ) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
116

ORDER granting 112 Motion to Appear Pro Hac Vice as to Sarah Teresa Russo for plaintiff. Signed by Honorable G Ross Anderson, Jr on 11/22/13.(alew, ) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
117

Minute Entry. Proceedings held before Honorable G Ross Anderson, Jr: Motion Hearing held on 11/25/2013 re 98 Joint MOTION for Protective Order and Quash Subpoenas MOTION to Quash filed by defendants 107 and MOTION for Protective Order. Counsel to remedy their discovery and reduction issues. Court declines ruling at this time. Court Reporter Judy Johnson. (pbri, ) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
118

MOTION to Exclude Certain Witnesses Identified by the Plaintiff by Boys Home of the South Inc, Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens. Response to Motion due by 12/12/2013. No proposed order.(Dowling, Curtis) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
119

ORDER granting 98 Motion for Protective Order; granting 98 Motion to Quash; granting 107 Motion for Protective Order; granting 107 Motion to Quash Signed by Honorable G Ross Anderson, Jr on 11/25/13.(alew, ) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

RECAP
120

MOTION to Exclude Certain Expert Witnesses Identified by the Plaintiff by Ursula Best, Isabel Blanco, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, Nikki Haley, Kathleen Hayes, Vernon Hayes, Johnny Jones, Lillian Koller, Robin Kubler, Nicole Lindsey, Donna D Outen, Richelle Owens, Merry Eve Poole, Charlene Robinson, Robert Seepersaud, Debra Wise. Response to Motion due by 12/13/2013. No proposed order.(Dowling, Curtis) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
121

RESPONSE in Opposition re 118 MOTION to Exclude Certain Witnesses Identified by the Plaintiff Response filed by John Doe.Reply to Response to Motion due by 12/23/2013 (Attachments: # 1 Exhibit A - Plaintiff's Responses and Objections to BHOTS's First Interrogatories, # 2 Exhibit B - Plaintiff's Responses and Objections to SCDSS's First Interrogatories, # 3 Exhibit C - Plaintiff's First Supplemental Responses and Objections to SCDSS's First Interrogatories)(Butcher, Robert) Modified on 12/13/2013: to remove duplicate text (kmca). (Attachment 1 replaced on 12/20/2013) (alew, ). (Attachment 2 replaced on 12/20/2013) (alew, ). Modified on 12/20/2013 to replace with redacted documents per attorney request(alew, ). (Entered: 12/12/2013)

1 Exhibit A - Plaintiff's Responses and Objections to BHOTS's Fi

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2 Exhibit B - Plaintiff's Responses and Objections to SCDSS's Fi

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3 Exhibit C - Plaintiff's First Supplemental Responses and Objections

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Dec. 12, 2013

Dec. 12, 2013

PACER
122

RESPONSE in Opposition re 120 MOTION to Exclude Certain Expert Witnesses Identified by the Plaintiff Response filed by John Doe.Reply to Response to Motion due by 12/23/2013 (Butcher, Robert) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
123

STIPULATION of Dismissal With Prejudice (Defendant Haley) by Nikki Haley, Debra Wise, Robert Seepersaud, Charlene Robinson, Merry Eve Poole, Richelle Owens, Donna D. Outen, Nicole Lindsey, Robin Kubler, Lillian Koller, Julie Valentine Center, Johnny Jones, Vernon Hayes, Kathleen Hayes, John Doe, Department of Social Services, Cassandra Daniels, Cynthia Brock, Boys Home of the South Inc, Patricia Boswell, Isable Blanco, Ursula Best, (Woodington, Kenneth) Modified on 12/20/2013 to add filers listed on document (alew, ). (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
125

MOTION for Discovery Mental Examination of the Plaintiff by Ursula Best, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, Vernon Hayes, Johnny Jones, Robin Kubler, Nicole Lindsey, Richelle Owens, Merry Eve Poole. Response to Motion due by 1/3/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Dowling, Curtis) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
126

RESPONSE in Opposition re 125 MOTION for Discovery Mental Examination of the Plaintiff Response filed by John Doe.Reply to Response to Motion due by 12/30/2013 (Attachments: # 1 Exhibit 1 - Letter from Dr. Goetz, # 2 Exhibit 2 - E-Mail from Defendants, # 3 Exhibit 3 - Letter from Lindler, # 4 Exhibit 4 - I.L. Statement, # 5 Exhibit 5 - BHOTS Discharge Summary, # 6 Exhibit 6 - Case Law - Hirschheimer v. Asso Metals and Minerals Corp, # 7 Exhibit 7 - Deposition of John Doe, # 8 Exhibit 8 - Burger v. Litton Industries)(Butcher, Robert) (Attachment 3 replaced on 12/20/2013) (alew, ). Modified on 12/20/2013 to replace with exhibit per attorney request, to edit text(alew, ). (Entered: 12/20/2013)

1 Exhibit 1 - Letter from Dr. Goetz

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2 Exhibit 2 - E-Mail from Defendants

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3 Exhibit 3 - Letter from Lindler

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4 Exhibit 4 - I.L. Statement

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5 Exhibit 5 - BHOTS Discharge Summary

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6 Exhibit 6 - Case Law - Hirschheimer v. Asso Metals and Minerals Corp

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7 Exhibit 7 - Deposition of John Doe

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8 Exhibit 8 - Burger v. Litton Industries

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Dec. 20, 2013

Dec. 20, 2013

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A minor child in the custody of South Carolina Department of Social Services

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina Department of Social Services, State

Boys Home of the South (Belton, Anderson), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: >$205,471.85

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Counseling

Failure to supervise

Foster care (benefits, training)

Incident/accident reporting & investigations

Juveniles

Neglect by staff

Pattern or Practice

Personal injury

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Sexual abuse by residents/inmates

Medical/Mental Health:

Mental health care, general