5/25/2018 District of Maine G6 Version 6.2 CLOSED,ME/PINETREE,PORTLAND U.S. District Court District of Maine (Bangor) CIVIL DOCKET FOR CASE #: 1:97-cv-00024-GC FRENCH, et al v. HS, ME DEPT Assigned to: JUDGE GENE CARTER Demand: $0 Cause: 28:1343 Violation of Civil Rights Date Filed: 01/30/1997 Date Terminated: 07/17/1998 Jury Demand: None Nature of Suit: 444 Civil Rights: Welfare Jurisdiction: Federal Question Plaintiff REBECCA ON BEHALF OF MINOR, ABIGAIL FRENCH represented by JACK B. COMART MAINE EQUAL JUSTICE PARTNERS 126 SEWALL STREET AUGUSTA, ME 04330-6822 (207) 626-7058 Email: jcomart@mejp.org TERMINATED: 03/28/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED MARTHA JANE PERKINS NATIONAL HEALTH LAW PROGRAM 211 N. COLUMBIA ST. SECOND FLOOR CHAPEL HILL, NC 27516 919-968-6308 Email: perkins@healthlaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN 178 MIDDLE STREET #402 PORTLAND, ME 04101 775-4046 Email: pdarvin@maine.rr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff DIANE CHABOT on behalf of Michelle Chabot, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 1/14 5/25/2018 District of Maine G6 Version 6.2 Plaintiff JEANNE IVY on behalf of Damon Ivy, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff LISA SEARS on behalf of Richard Sears, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff LINDA FREVE on behalf of Randy Ramsey, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff SHARON MANGO on behalf of Dominic Kirby, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff TAMARA BALLOU on behalf of Taylor Ballou, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 2/14 5/25/2018 District of Maine G6 Version 6.2 LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff CARMEN BOIES on behalf of Shawn Boies, a minor represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff ALL PLAINTIFFS on behalf of themselves and other similarly situated individuals represented by MARTHA JANE PERKINS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER DARVIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant STATE OF MAINE DEPARTMENT OF HUMAN SERVICES KEVIN CONCANNON, COMMISSIONER, represented by ANDREW GATTINE ASSISTANT ATTORNEY GENERAL STATE HOUSE STATION 6 AUGUSTA, ME 04333-0006 626-8800 LEAD ATTORNEY ATTORNEY TO BE NOTICED CHRISTINA HALL ASSISTANT ATTORNEY GENERAL STATE HOUSE STATION 6 AUGUSTA, ME 04333-0006 626-8800 ATTORNEY TO BE NOTICED Interested Party MENTAL HEALTH AND MENTAL RETARDATION, MAINE DEPARTMENT OF represented by ANDREW GATTINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 01/30/1997 1 COMPLAINT filed; $100 paid, $50 to be sent. (former employee) (Entered: 02/03/1997) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 3/14 5/25/2018 District of Maine G6 Version 6.2 02/04/1997 Additional $50 Filing Fee Paid; FILING FEE $ 50 RECEIPT # 33941 (former employee) (Entered: 02/07/1997) 02/10/1997 Pro Hac Vice Certificate for REBECCA FRENCH by JANE PERKINS (ckb) (Entered: 02/14/1997) 02/12/1997 ACKNOWLEDGEMENT OF SERVICE as to HS, ME DEPT 1/31/97 Answer due on 3/3/97 for HS, ME DEPT (ckb) (Entered: 02/12/1997) 02/12/1997 Deadline updated; set specific document deadline (re: proposed scheduling order to be filed in accordance w/Protocol Agreement ) for 3/3/97 for HS, ME DEPT, for REBECCA FRENCH (ckb) (Entered: 02/12/1997) 02/28/1997 2 ANSWER to Complaint by HS, ME DEPT (Attorney CHRISTINA HALL), (former employee) (Entered: 03/03/1997) 03/03/1997 Deadline updated; reset specific document deadline (re: [0-0] relief set specific document deadline (re: proposed scheduling order to be filed in accordance w/Protocol Agreement ) for 3/3/97 for HS, ME DEPT, for REBECCA FRENCH ) for 3/10/97 for HS, ME DEPT, for REBECCA FRENCH - called atty Hall 3/3/97 to tell her to file asap (former employee) (Entered: 03/03/1997) 03/07/1997 Deadline updated; set specific document deadline (re: new proposed scheduling order which includes mtn filing ddl & trial ddl ) for 3/17/97 for HS, ME DEPT, for REBECCA FRENCH (former employee) (Entered: 03/07/1997) 03/17/1997 3 SCHEDULING ORDER setting Deadline for filing of all motions 7/1/97 ; Discovery cutoff 6/2/97 ; Ready for Trial Date 8/15/97 ( signed by JUDGE GENE CARTER ) cc: cnsl. CONSENT FORM mailed to pltf cnsl. (ckb) (Entered: 03/18/1997) 03/26/1997 APPEARANCE of attorney for REBECCA FRENCH by PETER DARVIN (ckb) (Entered: 03/26/1997) 03/27/1997 4 MOTION by REBECCA FRENCH for Jack Comart to Withdraw as Attorney (ckb) (Entered: 03/28/1997) 03/28/1997 ENDORSEMENT on Motion granting [4-1] motion for Jack Comart to Withdraw as Attorney (Terminated attorney JACK B. COMART for REBECCA FRENCH ) _ (For the Cour: Christa K. Thurber, Deputy Clerk) cc: cnsl (ckb) (Entered: 03/28/1997) 03/31/1997 5 MOTION with memorandum in support by REBECCA FRENCH to Amend [1-1] complaint ; Response to Motion due 4/17/97 for HS, ME DEPT (former employee) (Entered: 03/31/1997) 03/31/1997 6 MOTION with memorandum in support by REBECCA FRENCH to Certify Class ; Response to Motion due 4/17/97 for HS, ME DEPT (former employee) (Entered: 03/31/1997) 04/14/1997 7 UNOPPOSED MOTION by REBECCA FRENCH to Amend Scheduling Order - Reason: Extend Discovery (ckb) (Entered: 04/14/1997) 04/14/1997 Motion(s) referred: [7-1] motion to Amend Scheduling Order - Reason: Extend Discovery referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 04/14/1997) 04/14/1997 ENDORSEMENT on Motion granting [7-1] motion to Amend Scheduling Order - Reason: Extend Discovery, Response to Motion reset to 5/1/97 for HS, ME DEPT for [6-1] motion to Certify Class , reset Discovery deadline to 6/23/97 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 04/15/1997) 04/28/1997 Motion(s) taken under advisement: [5-1] motion to Amend [1-1] complaint under https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 4/14 5/25/2018 District of Maine G6 Version 6.2 advisement (ckb) (Entered: 04/28/1997) 04/28/1997 ENDORSEMENT on Motion granting [5-1] motion to Amend [1-1] complaint ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 04/28/1997) 04/28/1997 8 AMENDED COMPLAINT by REBECCA FRENCH amending [1-1] complaint (ckb) (Entered: 04/28/1997) 05/01/1997 9 RESPONSE by HS, ME DEPT to [6-1] motion to Certify Class ; Reply to Response due 5/12/97 for REBECCA FRENCH (former employee) (Entered: 05/02/1997) 05/01/1997 10 AFFIDAVIT of Audrey Savoie (former employee) (Entered: 05/02/1997) 05/01/1997 11 AFFIDAVIT of Christine Zukas-Lessard (former employee) (Entered: 05/02/1997) 05/06/1997 12 MOTION by REBECCA FRENCH to Amend Scheduling Order - Reason: to extend discovery and other ddl's ; Response to Motion due 5/23/97 for HS, ME DEPT (slh) (Entered: 05/06/1997) 05/06/1997 Motion(s) referred: [12-1] motion to Amend Scheduling Order - Reason: to extend discovery and other ddl's referred to MAG. JUDGE DAVID M. COHEN (slh) (Entered: 05/06/1997) 05/07/1997 ENDORSEMENT on Motion granting in part, denying in part [12-1] motion to Amend Scheduling Order - Reason: to extend discovery and other ddl's, Remember to check the endorsement on #12 and see whether or not the pltf has filed a motion for leave to file a second amended complaint; if so, reevaluate deadlines in accordance with the endorsement on 5/12/97 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (former employee) (Entered: 05/08/1997) 05/12/1997 13 MOTION by REBECCA FRENCH to Amend [8-1] amended complaint by REBECCA FRENCH ; Response to Motion due 5/30/97 for HS, ME DEPT (ckb) (Entered: 05/13/1997) 05/12/1997 14 MEMORANDUM by REBECCA FRENCH in support of [13-1] motion to Amend [8-1] amended complaint by REBECCA FRENCH (ckb) (Entered: 05/13/1997) 05/30/1997 15 RESPONSE by HS, ME DEPT to [13-1] motion to Amend [8-1] amended complaint by REBECCA FRENCH ; Reply to Response due 6/9/97 for REBECCA FRENCH (former employee) (Entered: 06/02/1997) 05/30/1997 15 MOTION by HS, ME DEPT to Dismiss First Amended Complaint ; Response to Motion due 6/16/97 for REBECCA FRENCH (former employee) (Entered: 06/02/1997) 06/02/1997 06/09/1997 06/09/1997 06/09/1997 06/10/1997 Deadline updated; miscellaneous Remember to see if the Court has ruled on #13 Motion to Amend Complaint. If so reevaluate what deadlines should be set or reset in accordance with Judge Cohen's endorsement on #12 Motion on 6/30/97 (former employee) (Entered: 06/02/1997) 16 REPLY by REBECCA FRENCH to response to [13-1] motion to Amend [8-1] amended complaint by REBECCA FRENCH (former employee) (Entered: 06/09/1997) Motion(s) referred: [13-1] motion to Amend [8-1] amended complaint by REBECCA FRENCH referred to MAG. JUDGE DAVID M. COHEN (former employee) (Entered: 06/09/1997) 17 AFFIDAVIT of Jack Comart (former employee) (Entered: 06/09/1997) ENDORSEMENT on Motion granting [13-1] motion to Amend [8-1] amended complaint by REBECCA FRENCH ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (former employee) (Entered: 06/11/1997) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 5/14 5/25/2018 06/10/1997 06/10/1997 District of Maine G6 Version 6.2 18 SECOND Amended Complaint by REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES amending [8-1] amended complaint (former employee) (Entered: 06/11/1997) Deadline updated; set specific document deadline (re: new motion for class certification which shall substitute existing motion) for 6/17/97 for ALL PLAINTIFFS (former employee) (Entered: 06/11/1997) 06/16/1997 19 AMENDED MOTION by ALL PLAINTIFFS to Certify Class ; amending and terminating [6-1] motion to Certify Class ; Response to Motion due 7/3/97 for HS, ME DEPT (mmc) (Entered: 06/16/1997) 06/16/1997 20 MEMORANDUM by ALL PLAINTIFFS in support of [19-1] amended motion to Certify Class (mmc) (Entered: 06/16/1997) 06/16/1997 21 AFFIDAVIT of Jack Comart (mmc) (Entered: 06/16/1997) 06/16/1997 Deadline updated; miscellaneous Remember to see if court has ruled on Motion for Class Certification. If so, set new deadlines in accordance w/ endorsement on #12 on 7/30/97 (mmc) (Entered: 06/16/1997) 06/19/1997 22 REPLY by HS, ME DEPT to response to [15-1] motion to Dismiss First Amended Complaint (slh) (Entered: 06/20/1997) 06/30/1997 23 RESPONSE by ALL PLAINTIFFS to [15-1] motion to Dismiss First Amended Complaint ; Reply to Response due 7/11/97 for HS, ME DEPT (former employee) (Entered: 06/30/1997) 07/03/1997 24 ANSWER by HS, ME DEPT to [18-1] amended complaint (ckb) (Entered: 07/03/1997) 07/03/1997 25 RESPONSE by HS, ME DEPT to [19-1] amended motion to Certify Class ; Reply to Response due 7/14/97 for ALL PLAINTIFFS (ckb) (Entered: 07/03/1997) 07/07/1997 ON TRIAL LIST for 9/2/97 ; Final Pre-Trial Memorandum due 7/25/97 for ALL PLAINTIFFS, for HS, ME DEPT ; Final Pre-Trial Conference set for 2:00 8/4/97 before MAG. JUDGE DAVID M. COHEN ; cc: cnsl (smd) (Entered: 07/07/1997) 07/11/1997 26 MOTION with memorandum in support by ALL PLAINTIFFS to Extend Time to file Reply Memorandum ; Response to Motion due 7/28/97 for HS, ME DEPT (mmc) (Entered: 07/14/1997) 07/14/1997 27 REPORT OF HEARING AND ORDER RE: Discovery Dispute , Reply to Response to Motion reset to 7/25/97 for ALL PLAINTIFFS for [19-1] amended motion to Certify Class , terminated deadlines relating to the 9/2/97 Civil Trial List granting [26-1] motion to Extend Time to file Reply Memorandum ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 07/15/1997) 07/15/1997 Motion(s) referred: [15-1] motion to Dismiss First Amended Complaint referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 07/15/1997) 07/16/1997 28 Letter to Clerk dated 7/15/97 from Christina M. Hall, A.A.G. re: depositions scheduled (ckb) (Entered: 07/17/1997) 07/25/1997 29 REPLY by ALL PLAINTIFFS to response to [19-1] amended motion to Certify Class (mmc) (Entered: 07/28/1997) 07/25/1997 30 AFFIDAVIT of Garvin Goldberg (mmc) (Entered: 07/28/1997) 07/25/1997 31 AFFIDAVIT of Ron Hebert (mmc) (Entered: 07/28/1997) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 6/14 5/25/2018 District of Maine G6 Version 6.2 07/25/1997 32 AFFIDAVIT of Sharon Magno (mmc) (Entered: 07/28/1997) 07/25/1997 33 AFFIDAVIT of Susan Walden (mmc) (Entered: 07/28/1997) 07/25/1997 DEPOSITION Transcript of Larry C. Sexton filed by ALL PLAINTIFFS (mmc) (Entered: 07/28/1997) 07/25/1997 DEPOSITION Transcript of Pauline P. Miller filed by ALL PLAINTIFFS (mmc) (Entered: 07/28/1997) 07/28/1997 Motion(s) referred: [19-1] amended motion to Certify Class referred to MAG. JUDGE DAVID M. COHEN (mmc) (Entered: 07/28/1997) 07/28/1997 Deadline updated; miscellaneous Remember to see if court has ruled on Motion for Class Certification. If so, set new deadlines in accordance w/ endorsement on #12 on 8/15/97 (mmc) (Entered: 07/28/1997) 08/01/1997 34 SURREPLY by HS, ME DEPT to response to [19-1] amended motion to Certify Class (ckb) (Entered: 08/06/1997) 08/01/1997 35 DISCOVERY Citations per Local Rule 26 by HS, ME DEPT (ckb) (Entered: 08/06/1997) 08/19/1997 Deadline updated; miscellaneous Remember to schedule a further conference of counsel with Magistrate Judge Cohen after the Motion for Class Certification has been decided. on 9/15/97, miscellaneous Remember to see if court has ruled on Motion for Class Certification. If so, set new deadlines in accordance w/ endorsement on #12 on 9/15/97 (ckb) (Entered: 08/19/1997) 09/05/1997 ENDORSEMENT on Motion mooting [15-1] motion to Dismiss First Amended Complaint ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (former employee) (Entered: 09/08/1997) 09/05/1997 36 RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class ; Motion no longer referred Objections to R and R due by 9/22/97 for ALL PLAINTIFFS, for HS, ME DEPT ; cc:cnsl (former employee) (Entered: 09/08/1997) 09/08/1997 Deadline updated; miscellaneous Remember to schedule a further conference of counsel with Magistrate Judge Cohen after the Motion for Class Certification has been decided. on 9/22/97 to set new deadlines in accordance with endorsement on #12 (former employee) Modified on 09/08/1997 (Entered: 09/08/1997) 09/25/1997 37 ORDER Affirming Recommended Decision of Magistrate granting [36-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class, granting [19-1] amended motion to Certify Class, set specific document deadline (re: for parties to file an appropriate implementing order ) for 10/3/97 for ALL PLAINTIFFS, for HS, ME DEPT ( signed by JUDGE GENE CARTER ) cc: cnsl (former employee) (Entered: 09/25/1997) 09/25/1997 Deadline updated; set specific document deadline (re: to file request for preliminary injunction) for 10/6/97 for ALL PLAINTIFFS per endorsement on #12 (former employee) (Entered: 09/25/1997) 09/25/1997 10/05/1997 38 OBJECTION by HS, ME DEPT to [36-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class ; Response to Objections to RR due 10/14/97 for ALL PLAINTIFFS ; (ckb) (Entered: 10/01/1997) ENDORSEMENT on Motion vacating [37-1] order set specific document deadline (re: for parties to file an appropriate implementing order ) for 10/3/97 for ALL PLAINTIFFS, for https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 7/14 5/25/2018 District of Maine G6 Version 6.2 HS, ME DEPT, vacating [37-2] relief ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 10/06/1997) 10/14/1997 39 RESPONSE by ALL PLAINTIFFS to Objections to [36-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class (ckb) (Entered: 10/15/1997) 10/15/1997 Motion(s) taken under advisement: [36-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class under advisement (ckb) (Entered: 10/15/1997) 10/21/1997 Deadline updated; miscellaneous Remember: According to the endorsement on #12, Plaintiff's Motion for Preliminary Injunction is due 5 days after the Court rules on the Motion for Class Certification. Check to see if this deadline should be set. Also, Judge Cohen set he would revisit the discovery and trial deadline after the Motion for Class Certification deadline has been decided. on 10/27/97 (ckb) (Entered: 10/21/1997) 10/21/1997 10/22/1997 40 ORDER Affirming Recommended Decision of Magistrate terminating [36-1] motion RECOMMENDED DECISION of MAG. JUDGE DAVID M. COHEN Re: [19-1] amended motion to Certify Class, granting [19-1] amended motion to Certify Class ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 10/21/1997) Telephone Scheduling Conference set for 9:00 11/4/97 in this case and the PELLETIER case, 97-199bc; Proposed Discovery and Mtn Plan ddl set for 10/31/97 for ALL PLAINTIFFS, for HS, ME DEPT before JUDGE COHEN cc:cnsl (slh) (Entered: 10/22/1997) 10/24/1997 41 JOINT MOTION by REBECCA FRENCH, HS, ME DEPT, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES, ALL PLAINTIFFS to Amend Scheduling Order (ckb) (Entered: 10/24/1997) 10/24/1997 Motion(s) referred: [41-1] joint motion to Amend Scheduling Order referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 10/24/1997) 10/28/1997 ENDORSEMENT on Motion granting [41-1] joint motion to Amend Scheduling Order, terminated deadlines for filing a proposed discovery plan ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 10/29/1997) 10/29/1997 42 Letter MOTION by ALL PLAINTIFFS to Continue telephone s/c to 11/12/97 w/out objection (slh) (Entered: 10/29/1997) 10/29/1997 ENDORSEMENT on Motion granting [42-1] motion to Continue telephone s/c to 11/12/97 (s/Dpty Clk Hall) cc: cnsl (slh) (Entered: 10/29/1997) 10/29/1997 Telephone Scheduling Conference reset for 9:00 11/12/97 ; Proposed Discovery and Mtn Plan ddl set for 11/10/97 for ALL PLAINTIFFS, for HS, ME DEPT before JUDGE COHEN cc:cnsl (slh) (Entered: 10/29/1997) 11/12/1997 MOTION in telephone conference before Magistrate Judge Cohen by HS, ME DEPT to Suspend Litigation for 90 days (ckb) (Entered: 11/12/1997) 11/12/1997 Tele-conference re: [0-0] motion to Suspend Litigation for 90 days, [41-1] joint motion to Amend Scheduling Order held ( Court Reporter: Not Present) before MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 11/12/1997) 11/12/1997 ORAL ORDER on Motion denying [0-0] motion to Suspend Litigation for 90 days ( by MAG. JUDGE DAVID M. COHEN ) (ckb) (Entered: 11/12/1997) 11/12/1997 ENDORSEMENT on Motion granting [41-1] joint motion to Amend Scheduling Order, https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 8/14 5/25/2018 District of Maine G6 Version 6.2 set specific document deadline for a jointly proposed discovery plan/scheduling order for 11/19/97 for ALL PLAINTIFFS, for HS, ME DEPT , set Motion Filing for plaintiff's motion for preliminary injunction deadline to 12/3/97 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 11/12/1997) 11/12/1997 Telephone Scheduling Conference held before JUDGE COHEN (slh) Modified on 11/20/1997 (Entered: 11/20/1997) 11/19/1997 PROPOSED Discovery and Motion Plan/ADR received by HS, ME DEPT, ALL PLAINTIFFS (err) (Entered: 11/19/1997) 11/20/1997 43 AMENDED SCHEDULING ORDER setting Discovery cutoff 4/15/98 ; Deadline for filing of all motions 4/29/98 ; Ready for Trial Date 7/1/98 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl. (former employee) (Entered: 11/20/1997) 12/03/1997 44 MOTION by REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES for Preliminary Injunction ; Response to Motion due 12/22/97 for HS, ME DEPT (ckb) (Entered: 12/04/1997) 12/03/1997 45 MEMORANDUM by REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES in support of [44-1] motion for Preliminary Injunction (ckb) (Entered: 12/04/1997) 12/03/1997 46 MOTION by REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES for Hearing on Plaintiffs' Motion for Preliminary Injunction (ckb) (Entered: 12/04/1997) 12/03/1997 47 MOTION by REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES for Leave to File #45 Memo in Support (no obj) (ckb) (Entered: 12/04/1997) 12/05/1997 ENDORSEMENT on Motion granting [47-1] motion for Leave to File #45 Memo in Support ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 12/05/1997) 12/09/1997 48 DISCOVERY Citations per Local Rule 26 by ALL PLAINTIFFS (err) (Entered: 12/09/1997) 12/22/1997 49 RESPONSE by HS, ME DEPT to [44-1] motion for Preliminary Injunction ; Reply to Response due 1/2/98 for ALL PLAINTIFFS (ckb) (Entered: 12/23/1997) 12/22/1997 50 MOTION by HS, ME DEPT for Leave to File A Memo In Excess (ckb) (Entered: 12/23/1997) 12/22/1997 51 RESPONSE by HS, ME DEPT to [46-1] motion for Hearing on Plaintiffs' Motion for Preliminary Injunction ; Reply to Response due 1/2/98 for ALL PLAINTIFFS (ckb) (Entered: 12/23/1997) 12/23/1997 ENDORSEMENT on Motion granting [50-1] motion for Leave to File A Memo In Excess (For the Court: Christa K. Berry, Deputy Clerk) cc: cnsl (ckb) (Entered: 12/23/1997) 12/31/1997 52 MOTION by ALL PLAINTIFFS to Extend Time to file reply (re motion for PI) from 01/02/98 to 01/20/98 ; dft does not object (dw) (Entered: 01/02/1998) 01/02/1998 Motion(s) referred: [52-1] motion to Extend Time to file reply (re motion for PI) from 01/02/98 to 01/20/98 referred to MAG. JUDGE DAVID M. COHEN (dw) (Entered: 01/02/1998) 01/06/1998 ENDORSEMENT on Motion granting [52-1] motion to Extend Time to file reply (re https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 9/14 5/25/2018 District of Maine G6 Version 6.2 motion for PI) from 01/02/98 to 01/20/98, Reply to Response to Motion reset to 1/20/98 for ALL PLAINTIFFS for [46-1] motion for Hearing on Plaintiffs' Motion for Preliminary Injunction, reset to 1/20/98 for ALL PLAINTIFFS for [44-1] motion for Preliminary Injunction ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 01/06/1998) 01/08/1998 Telephone Discovery hearing held before MAG. JUDGE DAVID M. COHEN ( Court Reporter: NONE) (slh) (Entered: 01/12/1998) 01/08/1998 MOTION via telephone by ALL PLAINTIFFS for Leave to File motion to compel disclosure of medicaid information & for protective order (slh) (Entered: 01/12/1998) 01/08/1998 ORAL ORDER on Motion granting [0-0] motion for Leave to File motion to compel disclosure of medicaid information & for protective order; motions to be filed 1/9/98, dft to fax responses 1/12/98 by noon; Clerk to thereafter set t/c. ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 01/12/1998) 01/09/1998 53 MOTION by ALL PLAINTIFFS to Compel Disclosure of Medicaid Information and for Protective Order ; Response to Motion due 1/29/98 for HS, ME DEPT (ckb) Modified on 01/12/1998 (Entered: 01/12/1998) 01/09/1998 54 MOTION by ALL PLAINTIFFS for Leave to Take Deposition of Pauline Miller ; Response to Motion due 1/29/98 for HS, ME DEPT (ckb) (Entered: 01/12/1998) 01/12/1998 Motion(s) referred: [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 01/12/1998) 01/12/1998 Motion(s) referred: [54-1] motion for Leave to Take Deposition of Pauline Miller referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 01/12/1998) 01/12/1998 55 RESPONSE by HS, ME DEPT to [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order ; Reply to Response due 1/23/98 for ALL PLAINTIFFS (mmc) (Entered: 01/13/1998) 01/12/1998 56 RESPONSE by MENTAL HEALTH AND to [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order ; Reply to Response due 1/23/98 for ALL PLAINTIFFS (mmc) (Entered: 01/13/1998) 01/13/1998 MOTION Hearing held re: [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order, [54-1] motion for Leave to Take Deposition of Pauline Miller before MAG. JUDGE DAVID M. COHEN ( Court Reporter: ECR) (slh) (Entered: 01/13/1998) 01/13/1998 ORAL ORDER on Motion granting [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order, granting [54-1] motion for Leave to Take Deposition of Pauline Miller as noted on record; ORAL CONFIDENTIALITY ORDER stated on record & ORAL REPORT OF TELE-CONFERENCE held 1/8/98 stated on record ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 01/13/1998) 01/20/1998 57 REPLY by ALL PLAINTIFFS to response to [44-1] motion for Preliminary Injunction (ckb) (Entered: 01/21/1998) 01/20/1998 58 WITHDRAWAL of [46-1] motion for Hearing on Plaintiffs' Motion for Preliminary Injunction (ckb) (Entered: 01/21/1998) 01/20/1998 58 MOTION by ALL PLAINTIFFS for Leave to File #57 Reply In Excess of Page Limit (ckb) (Entered: 01/21/1998) 01/20/1998 59 Letter MOTION by ALL PLAINTIFFS for oral argument on [44-1] motion for Preliminary Injunction (ckb) (Entered: 01/21/1998) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 10/14 5/25/2018 District of Maine G6 Version 6.2 01/21/1998 Motion(s) taken under advisement: [44-1] motion for Preliminary Injunction under advisement (ckb) (Entered: 01/21/1998) 01/21/1998 Motion(s) taken under advisement: [58-1] motion for Leave to File #57 Reply In Excess of Page Limit under advisement (ckb) (Entered: 01/21/1998) 01/21/1998 Motion(s) taken under advisement: [59-1] motion for oral argument on [44-1] motion for Preliminary Injunction under advisement (ckb) (Entered: 01/21/1998) 01/22/1998 60 DISCOVERY Citations per Local Rule 26 by ALL PLAINTIFFS (ckb) (Entered: 01/23/1998) 01/29/1998 61 RESPONSE by HS, ME DEPT to [53-1] motion to Compel Disclosure of Medicaid Information and for Protective Order (ckb) (Entered: 01/30/1998) 01/30/1998 Pro Hac Vice Certificate for REBECCA FRENCH, DIANE CHABOT, JEANNE IVY, LISA SEARS, LINDA FREVE, SHARON MANGO, TAMARA BALLOU, CARMEN BOIES, ALL PLAINTIFFS by JANE PERKINS (err) (Entered: 01/30/1998) 02/04/1998 ENDORSEMENT on Motion granting [59-1] motion for oral argument on [44-1] motion for Preliminary Injunction ( signed by JUDGE GENE CARTER ) cc: cnsl (err) (Entered: 02/04/1998) 02/05/1998 62 Letter WITHDRAWAL of [59-1] motion for oral argument on [44-1] motion for Preliminary Injunction; Plaintiffs' letter indicates Defendant would like oral argument. (err) (Entered: 02/05/1998) 02/05/1998 Motion (oral argument) Hearing set re: [44-1] motion for Preliminary Injunction at 8:30 2/11/98 before JUDGE GENE CARTER cc:cnsl (err) (Entered: 02/05/1998) 02/11/1998 Deadline updated in accordance with conference of counsel held 2/11/98; Set Brief deadline in connection with Motion for Preliminary Injunction #44 to 2/18/98 for ALL PLAINTIFFS, for HS, ME DEPT , , Set specific document deadline (response) (re: plaintiffs' Motion for Preliminary Injunction #44) for 2/20/98 for ALL PLAINTIFFS, for HS, ME DEPT (err) Modified on 02/11/1998 (Entered: 02/11/1998) 02/11/1998 HEARING (oral argument) held re: plaintiffs' Motion for Preliminary Injunction #44 ( Court Reporter: Pauline Terry) before JUDGE GENE CARTER (err) (Entered: 02/11/1998) 02/11/1998 MOTION Hearing held re: [44-1] motion for Preliminary Injunction before JUDGE GENE CARTER ( Court Reporter: Pauline Terry) (err) (Entered: 02/20/1998) 02/13/1998 HEARING (Conference of Counsel) set for 2:30 2/24/98 Re: Plaintiffs' Motion for Preliminary Injunction #44 before JUDGE GENE CARTER (err) Modified on 02/13/1998 (Entered: 02/13/1998) 02/20/1998 63 Defendant's Response to Plaintiff's Proposed Order (ckb) (Entered: 02/23/1998) 02/20/1998 64 Plaintiffs' Reply to Defendant's Written Response to Oral Argument on the Plaintiffs' Motion for Preliminary Injunction (err) Modified on 02/23/1998 (Entered: 02/23/1998) 02/24/1998 Conference of Counsel held re: [44-1] motion for Preliminary Injunction before JUDGE GENE CARTER ( Court Reporter: Pauline Terry) (ckb) (Entered: 02/24/1998) 02/24/1998 Motion Hearing set re: [44-1] motion for Preliminary Injunction at 9:00 3/3/98 before JUDGE GENE CARTER cc:cnsl (ckb) (Entered: 02/24/1998) 03/02/1998 Deadline updated; Motion Hearing Re: [44-1] motion for Preliminary Injunction set for 2:30 3/3/98 (err) (Entered: 03/02/1998) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 11/14 5/25/2018 District of Maine G6 Version 6.2 03/05/1998 MOTION Hearing held (in chambers) re: [44-1] motion for Preliminary Injunction before JUDGE GENE CARTER ( Court Reporter: Pauline Terry) (err) (Entered: 03/05/1998) 03/17/1998 Deadline updated; miscellaneous Remember to check to see if the Court has received stiplations with attachment from counsel re motion for preliminary injunction on 3/18/98 (err) (Entered: 03/17/1998) 03/18/1998 Deadline updated; miscellaneous Remember to check to see if the Court has received stiplations with attachment from counsel re motion for preliminary injunction on 3/19/98 (err) (Entered: 03/18/1998) 03/19/1998 65 Joint STIPULATION Regarding Plaintiffs' Motion #44 for Preliminary Injunction (err) (Entered: 03/23/1998) 03/26/1998 ENDORSEMENT on Motion terminating [58-1] motion for Leave to File #57 Reply In Excess of Page Limit, terminating [44-1] motion for Preliminary Injunction: No Court action required, see Joint Stipulation Re: Preliminary Injunction ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 03/26/1998) 03/26/1998 ENDORSEMENT on Motion terminating [65-1] stipulation: "Noted and Approved. So ORDERED." ( signed by JUDGE GENE CARTER ) cc: cnsl (ckb) (Entered: 03/26/1998) 04/09/1998 66 MOTION by ALL PLAINTIFFS to Amend Scheduling Order - Reason: Ext Discovery & Motion Filing Deadlines ; Response to Motion due 4/27/98 for HS, ME DEPT (ckb) (Entered: 04/09/1998) 04/09/1998 Motion(s) referred: [66-1] motion to Amend Scheduling Order - Reason: Ext Discovery & Motion Filing Deadlines referred to MAG. JUDGE DAVID M. COHEN (ckb) (Entered: 04/09/1998) 04/13/1998 Discovery hearing held before MAG. JUDGE DAVID M. COHEN ( Court Reporter: ECR) (slh) (Entered: 04/14/1998) 04/13/1998 ORAL ORDER on Motion granting [66-1] motion to Amend Scheduling Order - Reason: Ext Discovery & Motion Filing Deadlines, reset Scheduling Order Deadlines: Discovery deadline on 5/21/98 ; Deadline for filing of all motions by 6/12/98 Ready for Trial Date 9/1/98 ; Oral protective order issued, document production deadline of 5/15/98 set ( by MAG. JUDGE DAVID M. COHEN ) at discovery hearing held this date. (slh) (Entered: 04/14/1998) 04/13/1998 ORAL ORDER corrected per review of ECR tape, reset Discovery deadline to 5/22/98 ( by MAG. JUDGE DAVID M. COHEN ) (slh) (Entered: 04/27/1998) 04/30/1998 67 APPEAL(Objection) of Magistrate oral decision re. production of confidential medical information about Medicaid-eligible children to plaintiffs to District Court Judge by HS, ME DEPT Re: [0-0] order reset Scheduling Order Deadlines: Discovery deadline on 5/21/98 ; Deadline for filing of all motions by 6/12/98 Ready for Trial Date 9/1/98 ; Response to Appeal of Magistrate Decision due 5/18/98 for ALL PLAINTIFFS (err) (Entered: 05/01/1998) 05/13/1998 68 MOTION by HS, ME DEPT to Amend Scheduling Order - Reason: extend discovery & motion ddl's to 6/12/98 & 7/2/98, and to Extend Time to serve revised responses to pltfs' interrogatories to 5/22/98 w/out objection (slh) (Entered: 05/14/1998) 05/14/1998 Motion(s) referred: [68-1] motion to Amend Scheduling Order - Reason: extend discovery & motion ddl's referred to MAG. JUDGE DAVID M. COHEN, [68-2] motion to Extend Time to serve revised responses to pltfs' interrogatories to 5/22/98 referred to MAG. JUDGE DAVID M. COHEN (slh) (Entered: 05/14/1998) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 12/14 5/25/2018 05/14/1998 05/14/1998 05/27/1998 06/04/1998 District of Maine G6 Version 6.2 ENDORSEMENT on Motion granting [68-1] motion to Amend Scheduling Order Reason: extend discovery & motion ddl's, granting [68-2] motion to Extend Time to serve revised responses to pltfs' interrogatories to 5/22/98, reset Discovery deadline to 6/12/98 , reset Motion Filing deadline to 7/2/98 ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (ckb) (Entered: 05/14/1998) 69 RESPONSE by ALL PLAINTIFFS to [67-1] motion APPEAL(Objection) of Magistrate oral decision re. production of confidential medical information about Medicaid-eligible children to plaintiffs ; Reply to Response due 5/26/98 for HS, ME DEPT (ckb) (Entered: 05/15/1998) Motion(s) taken under advisement: [67-1] motion APPEAL(Objection) of Magistrate oral decision re. production of confidential medical information about Medicaid-eligible children to plaintiffs under advisement (err) (Entered: 05/27/1998) 70 MOTION by ALL PLAINTIFFS to Amend Scheduling Order - Reason: to extend discovery & motion ddl's w/out objection (slh) (Entered: 06/04/1998) 06/04/1998 Motion(s) referred: [70-1] motion to Amend Scheduling Order - Reason: to extend discovery & motion ddl's referred to MAG. JUDGE DAVID M. COHEN (slh) (Entered: 06/04/1998) 06/04/1998 Tele-conference re: [70-1] motion to Amend Scheduling Order - Reason: to extend discovery & motion ddl's set at 10:00 6/5/98 before MAG. JUDGE DAVID M. COHEN cc:cnsl via tele (seal user) (Entered: 06/04/1998) 06/04/1998 71 Letter MOTION by ALL PLAINTIFFS for Settlement Conference of Counsel (slh) (Entered: 06/05/1998) 06/05/1998 72 REPORT of Tele-Conference of Counsel granting in part, denying in part [70-1] motion to Amend Scheduling Order - Reason: to extend discovery & motion ddl's, granting [71-1] motion for Settlement Conference of Counsel, reset Scheduling Order Deadlines: Discovery deadline on 6/30/98 ; Deadline for filing of all motions by 7/16/98 , set Settlement Conference for 9:00 6/19/98 with cnsl and Commissioner Concannon present ( signed by MAG. JUDGE DAVID M. COHEN ) cc: cnsl (slh) Modified on 06/05/1998 (Entered: 06/05/1998) 06/05/1998 Tele-conference re: [70-1] motion to Amend Scheduling Order - Reason: to extend discovery & motion ddl's, [71-1] motion for Settlement Conference of Counsel held (Court Reporter: NONE) before MAG. JUDGE DAVID M. COHEN (slh) (Entered: 06/05/1998) 06/10/1998 73 ORDER Affirming Recommended Decision of Magistrate granting [67-1] motion APPEAL(Objection) of Magistrate oral decision re. production of confidential medical information about Medicaid-eligible children to plaintiffs, AND ADDING THE REQUIREMENT that before contacting any individual/ guardian, Atty Darvin shall submit written notice to the Court of his intent to contact. Prior to attempting contact, Atty Darvin shall submit to the Court for its approval a copy of the letter or notice he intends to send such individuals. ( signed by JUDGE GENE CARTER ) cc: cnsl (dw) (Entered: 06/10/1998) 06/19/1998 74 Report of Settlement Conference, set Status Report deadline to 3:00 6/23/98 for ALL PLAINTIFFS, for HS, ME DEPT to advise is case settled , if case is reported settled, a joint proposed dispositional order shall by filed on/before 7/23/98; if case is NOT reported settled, the currently effective scheduling order ddl's shall remain in effect before MAG. JUDGE DAVID M. COHEN cc: cnsl (slh) (Entered: 06/19/1998) 07/13/1998 75 STATUS REPORT re settlement with proposed Order of Dismissal by ALL PLAINTIFFS (err) (Entered: 07/13/1998) https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 13/14 5/25/2018 07/16/1998 District of Maine G6 Version 6.2 ENDORSEMENT on Motion granting (Approving) [75-1] Status report ("7/16/98 Seen and APPROVED.") ( signed by JUDGE GENE CARTER ) cc: cnsl (err) (Entered: 07/16/1998) 07/16/1998 76 ORDER OF DISMISSAL of all claims without prejudice Signed by JUDGE GENE CARTER cc: cnsl (err) (Entered: 07/16/1998) 07/17/1998 77 JUDGMENT entered re Order of Dismissal signed by William S. Brownell, Clerk. cc: cnsl (err) (Entered: 07/17/1998) 07/17/1998 Case closed; Purge Appeal deadline set for 8/17/98 (err) (Entered: 07/17/1998) 06/28/2001 CASE FILE SENT TO FEDERAL RECORDS CENTER (ARCHIVES) Accession No.: 021010070 Box No.: 6 of 16 Location: A159982 Disposal Date: 1/2022 no (err) (Entered: 06/28/2001) PACER Service Center Transaction Receipt 05/25/2018 10:40:54 PACER Login: bd0069:2511972:0 Client Code: Description: Docket Report Billable Pages: 11 https://ecf.med.uscourts.gov/cgi-bin/DktRpt.pl?423730850828778-L_1_0-1 Search Criteria: 1:97-cv-00024-GC Cost: 1.10 14/14