Case: Arizona Center for Disability Law v. Allen

Stephen C. v. Bureau of Indian Education

Stephen C. v. Bureau of Indian Education

U.S. Court of Appeals for the Ninth Circuit

Stephen C. v. Bureau of Indian Education

U.S. Court of Appeals for the Ninth Circuit

Stephen C. v. Bureau of Indian Education

U.S. Court of Appeals for the Ninth Circuit

Stephen C. v. Bureau of Indian Education

U.S. Court of Appeals for the Ninth Circuit

Stephen C. v. Bureau of Indian Education

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT FILED (SAT) (Entered: 01/27/1999)

RETURN OF SERVICE EXECUTED by personal svc upon dft Ronald Smith (summons and complaint) on 1/25/99, by leaving cys with Ali DeLatrinidad, legal secretary, authorized to accept. (former emp) (Entered: 01/28/1999)

RETURN OF SERVICE EXECUTED by personal svc upon dft James R Allen (summons and complaint) on 1/25/99, by leaving cys with Ali DeLatrinidad, legal secretary, authorized to accept. (former emp) (Entered: 01/28/1999)

STIPULATION between pla and dfts for extensio nof time to answer complaint. (former emp) (Entered: 02/22/1999)

ATTORNEY SUBSTITUTION: terminating attorney Helen Leslie Hall for Ronald Smith, attorney Helen Leslie Hall for James R Allen and substituting attorney Matthew Joseph Devlin (former emp) (Entered: 03/01/1999)

ANSWER by dfts. (former emp) (Entered: 03/01/1999)

ORDER by Judge Earl H. Carroll granting stipulation allowing dfts through 2/26/99 to answer pla's complaint. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/01/1999)

ORDER by Judge Earl H. Carroll scheduling conf set for 4:00 5/12/99, before Judge Earl H. Carroll (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 04/06/1999)

JOINT RULE 16 REPORT (former emp) (Entered: 05/05/1999)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dfts. (former emp) (Entered: 05/12/1999)

MINUTE ENTRY before Judge Earl H. Carroll Crt Rptr: Bridget Brittan Scheduling conference held. Written order to issue. APPEARANCES: Ellen Katz for pla, Matthew Devlin for dft. [11-3] (BAH) (Entered: 05/13/1999)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (former emp) (Entered: 05/25/1999)

ORDER by Judge Earl H. Carroll ; Pretrial conference set for 9:00 12/13/99 ; bench trial set for 9:00 1/18/00 ; discovery ddl set for 9/1/99 ; dispositive motions due 9/15/99 ; PTO ddl set for 12/1/99 ; parties to keep the court apprised of any possibility of settlement (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/26/1999)

RECEIPT: 1st request for production of documents by pla (STR) (LAD) (Entered: 05/27/1999)

NOTICE of service of discovery by pla Arizona Ctr for Disa . (LAD) (Entered: 05/27/1999)

NOTICE of service of discovery by pla. (former emp) (Entered: 07/02/1999)

NOTICE of service of discovery by dft James R Allen . (former emp) (Entered: 07/12/1999)

NOTICE of service of discovery by dft. (former emp) (Entered: 08/06/1999)

NOTICE of service of discovery by dft. (former emp) (Entered: 08/06/1999)

ATTORNEY SUBSTITUTION: terminating attorney Matthew Joseph Devlin for Ronald Smith, attorney Matthew Joseph Devlin for James R Allen and substituting attorney Catherine Marie Dodd (former emp) (Entered: 08/23/1999)

MOTION for summary judgment by pla Arizona Ctr for Disa [21-1] (REW) (Entered: 09/22/1999)

MEMORANDUM IN SUPPORT by pla Arizona Ctr for Disa of motion for summary judgment by pla Arizona Ctr for Disa [21-1] (REW) (Entered: 09/22/1999)

STATEMENT OF FACTS in support by pla Arizona Ctr for Disa, re: motion for summary judgment by pla Arizona Ctr for Disa [21-1] (REW) (Entered: 09/22/1999)

AFFIDAVIT of Maureen Zeeb in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (REW) (Entered: 09/22/1999)

AFFIDAVIT of Susanne Cohen in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (REW) (Entered: 09/22/1999)

AFFIDAVIT of Ellen Sue Katz in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (REW) (Entered: 09/22/1999)

NOTICE by pla Arizona Ctr for Disa of filing motion for summary judgment, memorandum, statement and affidavits in support (REW) (Entered: 09/22/1999)

AFFIDAVIT of Susanne Cohen in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (LAD) (Entered: 09/23/1999)

NOTICE by pla Arizona Ctr for Disa of filing signed original affidavit of Susanne Cohen (LAD) (Entered: 09/23/1999)

STIPULATED MOTION to extend time to respond to pla's mtn for sum jgm by pla and dfts [30-1] (former emp) (Entered: 10/20/1999)

ORDER by Judge Earl H. Carroll granting motion to extend time to respond to pla's mtn for sum jgm by pla and dfts [30-1]. Response due 11/1/99 to motion for summary judgment by pla Arizona Ctr for Disability [21-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/22/1999)

STIPULATED MOTION to extend time to respond to pla's mtn for sum jgm (2d req) by pla and dft [32-1] (former emp) (Entered: 11/03/1999)

ORDER by Judge Earl H. Carroll granting motion to extend time to respond through 1`1/15/99 to pla's mtn for sum jgm (2d req) by pla and dft [32-1], (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/03/1999)

STIPULATED MOTION to extend time (2-day extension) for dfts to respond to pla's mt nfor sum jgm by pla and dft [34-1] (former emp) (Entered: 11/16/1999)

MOTION to exceed the page limit (re dfts' response to pla's mtn for sum jgm and cross-mtn for sum jgm AND statement of facts in support of cross-mtn for sum jgm--LODGED AT DEPUTY CLERK'S DESK) by dfts [35-1] (former emp) (Entered: 11/18/1999)

ORDER by Judge Earl H. Carroll granting motion to extend time (2-day extension) for dfts to respond to pla's mtn for sum jgm by pla and dft [34-1]. Response due 11/17/99. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/18/1999)

MOTION (request) to substitute corrected certificates of mailing by dft James R Allen, dft Ronald Smith [37-1] (former emp) (Entered: 11/22/1999)

AFFIDAVIT of Alice Prather (former emp) (Entered: 12/01/1999)

NOTICE by pla of filing signed original notarized afdvt of Alice Prather (former emp) (Entered: 12/01/1999)

STIPULATION by pla and dft to continue dates for mtns in limine, pretrial order, preliminary conference and trial (1st req). (former emp) (Entered: 12/02/1999)

STIPULATION by pla, dft to extend time to respond to pla's mtn for sum jgm [21-1] (former emp) (Entered: 12/02/1999)

ORDER by Judge Earl H. Carroll granting stipulation Dates for filing mtns in limine (12/1/99); pretrial order (12/1/99); pretrial conference (12/13/99); trial (1/18/99) are all continued and will be set, if necessary, after a ruling on the mtns for sum jgm. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/03/1999)

MOTION to strike alternatively, ntc of obj to Rule 408 doc submitted w/dfts' cross-mtn for sum jgm by pla [44-1] (former emp) (Entered: 12/09/1999)

MEMORANDUM IN SUPPORT by pla of motion to strike alternatively, ntc of obj to Rule 408 doc submitted w/dfts' cross-mtn for sum jgm by pla [44-1] (former emp) (Entered: 12/09/1999)

ORDER by Judge Earl H. Carroll: granting stipulation allowing pla to file its reply to dfts' response to pla's mtn for sum jgm (due 12/10/99). (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/06/1999)

ERRATA by pla to stipulation [41-1] (former emp) (Entered: 12/09/1999)

AMENDED ORDER by Judge Earl H. Carroll: Dates for the filing of mtns in limine (12/1/99); Pretrial Order, including findings of fact and conclusions of law (12/1/99); Pretrial Conference (12/13/99); and Trial (1/18/99, 2000) are all continued and will be set, if necessary, after a ruling on the mtns for sum jgm. (cc: all cnsl) (former emp) Modified on 12/13/1999 (ADI-ICMS, ). (Entered: 12/09/1999)

ORDER by Judge Earl H. Carroll granting motion to exceed the page limit re dfts' response to pla's mtn for sum jgm and cross-mtn for sum jgm AND statement of facts in support of cross-mtn for sum jgm by dfts [35-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/10/1999)

RESPONSE to motion by dfts and cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1] (former emp) (Entered: 12/10/1999)

STATEMENT OF FACTS by dft re motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1], re motion response (former emp) (Entered: 12/10/1999)

RESPONSE/OPPOSIITON by pla to motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1] (former emp) (Entered: 12/14/1999)

MEMORANDUM IN SUPPORT by pla of motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1] (former emp) (Entered: 12/14/1999)

SUPPLEMENTAL STATEMENT OF FACTS by pla in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] (former emp) (Entered: 12/14/1999)

AFFIDAVIT of Ellen Sue Katz in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (former emp) (Entered: 12/14/1999)

AFFIDAVIT of Susanne Cohen in support of motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (former emp) (Entered: 12/14/1999)

NOTICE by pla of filing signed original notorized supplemental affidavit of Susanne Cohen (former emp) (Entered: 12/27/1999)

RESPONSE by dfts to motion to strike alternatively, ntc of obj to Rule 408 doc submitted w/dfts' cross-mtn for sum jgm by pla [44-1] (former emp) (Entered: 12/27/1999)

ORDER by Judge Earl H. Carroll granting motion to substitute corrected certificates of mailing by dft James R Allen, dft Ronald Smith [37-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/27/1999)

ORDER by Judge Stephen M. McNamee Case reassigned to Judge Owen M. Panner (with notice sent) (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 06/23/2000)

MINUTE ORDER ; status hearing set for 2:15 8/15/00 (cc: all counsel) [60-2] (former emp) (ADI-ICMS, ). (Entered: 08/08/2000)

MINUTE ENTRY before Judge Owen M. Panner Crt Rptr: D. Grube setting motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1] at 1:00 9/20/00, setting motion to strike alternatively, ntc of obj to Rule 408 doc submitted w/dfts' cross-mtn for sum jgm by pla [44-1] at 1:00 9/20/00, setting motion for summary judgment by pla Arizona Ctr for Disa [21-1] at 1:00 9/20/00 ; bench trial set for 9:00 11/6/00 ; status hearing held, ; Pretrial conference set for 2:00 (Portland time) 10/26/00 [cc: all cnsl] [61-3] (former emp) (ADI-ICMS, ). (Entered: 08/23/2000)

ORDER ESTABLISHING TRIAL DATE AND PROCEDURES by Judge Owen M. Panner: See minute entry [61-3] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 08/23/2000)

MINUTE ENTRY before Judge Owen M. Panner Crt Rptr: D. Apodaca taking under advisement on 9/20/00 the motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1], taking under advisement on 9/20/00 the motion to strike alternatively, ntc of obj to Rule 408 doc submitted w/dfts' cross-mtn for sum jgm by pla [44-1], taking under advisement on 9/20/00 the motion for summary judgment by pla Arizona Ctr for Disa [21-1] ; pretrial conference stricken; one-day bench trial is reset for 9:30 11/7/00 [63-2] (former emp) (ADI-ICMS, ). (Entered: 09/26/2000)

ORDER by Judge Owen M. Panner denying motion cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1]; granting in part and denying in part the motion for summary judgment by pla Arizona Ctr for Disa [21-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/19/2000)

OPINION: by Judge Owen M. Panner: Denying mtn for s/j cross-mtn for partial summary judgment by dfts re timeliness and probable cause issues [49-1] [49-1]; granting in part and denying in part motion for summary judgment by pla Arizona Ctr for Disa [21-1] [21-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/19/2000)

ATTORNEY SUBSTITUTION: terminating attorney Ellen Sue Katz for Arizona Ctr for Disa and substituting attorney Tami Lynn Johnson, Julianne H Carter, Anne C Ronan (former emp) (Entered: 10/30/2000)

MOTION to extend time to submit pretrial documents (1st req) filed by pla [66-1] and to extend time for pla to file a mtn for award of attys' fees and non-taxable expenses (1st req) filed by pla [66-2] (former emp) (Entered: 10/30/2000)

MEMORANDUM IN SUPPORT by pla of motion to extend time to submit pretrial documents (1st req) filed by pla [66-1], motion to extend time for pla to file a mtn for award of attys' fees and non-taxable expenses (1st req) filed by pla [66-2] (former emp) (Entered: 10/30/2000)

JOINT MOTION to clarify court's order by pla [69-1] (former emp) (Entered: 11/07/2000)

MEMORANDUM IN SUPPORT by pla of motion to clarify court's order by pla [69-1] (former emp) (Entered: 11/07/2000)

SETTLEMENT AGREEMENT filed by pla (former emp) (Entered: 11/07/2000)

MINUTE ENTRY before Judge Owen M. Panner Crt Rptr: D. Lee granting motion to clarify court's order by pla [69-1]. ORDERED dfts to provide access to drug abuse records. Written order is forthcoming. Cnsl will be filing a joint jgm for signature re the settlement of this case. [73-1] (former emp) (Entered: 11/13/2000)

ORDER by Judge Owen M. Panner re: settlement notice [71-1] Court approves the settlement agreement entered on 11/6/00. FURTHER that the court expressly retains jurisdiction to enforce the terms of the ptys' settlement agreement which is incorporated by ref into this order and is attached as Exhibit A terminating case (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/08/2000)

JUDGMENT: by Judge Owen M. Panner Dfts shall grant pla access to any and all information and records including info and recordes related to drug or alcohol abuse diagnosis, referral or treatment. Judgment is entered in accordance with the Settlement Agreement approved by the Court on 11/7/00 attached as Exhibit A, the terms of which the Court incorporates herein as if set forth in full. FURTHER that the court expressly retains jurisdiction to enforce the terms of the ptys' Settlement Agreement. (cc: all counsel) re: judgment [74-1] (former emp) (ADI-ICMS, ). (Entered: 11/30/2000)

JOINT STIPULATION by pla and dfts on attorney fees (former emp) (Entered: 12/12/2000)

ORDER by Judge Owen M. Panner granting stipulation. THE COURT FINDS THAT $35,592.00, is a reasonable amt in attys' fees and costs for the work performed by the plas in this matter. HEREBY ORDERED that an award of attys fees and costs in the amt of $35,592.00 be entered in favor of pla and against dfts for costs and svcs renedered by the AZ Center for Disability Law. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/28/2000)

ORDER by Judge Owen M. Panner granting stipulation. THE COURT FINDS THAT $35,592.00, is a reasonable amt in attys' fees and costs for the work performed by the plas in this matter. HEREBY ORDERED that an award of attys fees and costs in the amt of $35,592.00 be entered in favor of pla and against dfts for costs and svcs renedered by the AZ Center for Disability Law. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/28/2000)

ORDER by Judge Owen M. Panner granting stipulation. THE COURT FINDS THAT $35,592.00, is a reasonable amt in attys' fees and costs for the work performed by the plas in this matter. HEREBY ORDERED that an award of attys fees and costs in the amt of $35,592.00 be entered in favor of pla and against dfts for costs and svcs renedered by the AZ Center for Disability Law. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/28/2000)