8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 1 of 37

STATE OF SOUTH CAROLINA COUNTY OF ABBEVILLE

) IN THE COURT OF COMMON PLEAS
)
)

JOHN DOE (minor child) by and

)

thr<?ll:ghllls Guardian,

)

JANE DOE,

)

)

PLAINTIFF,

)

)

VS.

)

)

NIKKl HALEY, SOUTH CAROLINA )

DEPARTMENT OF SOCIAL SERVICES, )

LILLIAN KOLLER, KATHLEEN HAYES, )

ISABEL BLANCO, ROBIN KUBLER, )

MERRY EVE POOLE, URSULA BEST, )

CASSANDRA DANIELS, PATRICIA )

BOSWELL, DEBRA WISE, CHARLENE )

ROBINSON, DONNA OUTEN, ROBERT )

SEEPERSAUD, BOYS HOME OF THE )

SOUTH, INC., VERNON HAYES,

)

NlCOLE LINDSEY, CYNTHIA BROCK, )

RICHELLE OWENS and JOHNNY JONES)

)

DEFENDANTS.

)

------~---------------- )

TO THE DEFENDANTS ABOVE NAMED:

SUMMONS
2013~CP~01~104
(JURY TRIAL DEMANDED)

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YOU ARE HEREBY SUivDvIONED and required to answer the Complaint in this

action of which a copy is herewith served upon you and to serve a copy of your Answer on

the subscribed at her office, 100 East Pickens Street, P. O. Box 805, Abbeville, SOllth

Carolina, within thirty (30) days after the service hereof, exclusive of the day of such service;

and if you fail to answer the Complaint within the time aforesaid, the Plaintiff will apply to
the Court for relief demanded in the Complaint.

SIGNATURE PAGE TO FOLLOW

8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 2 of 37

BY:
ABBEVILLE, SOUTH CAROLINA MAY 30, 2013

~ 3
P.O. BOX 805 ABBEVILLE, SC 29620 (864) '366~5400 TELEPHONE (864) 366·2638 FACSIMILE
ATTORNEY FOR THE PLAINTIFF

8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 3 of 37

'"

I ,
,;

STATE OF SOUTH CAROLINA

COUNTY OF

ABBEVILLE

) IN THE COURT OF COMMON PLEAS )
)

JOI-IN DOE (minor child) by and

)

through his Guardian,

)

, lANE DOE,

)

)

PLAINTIFF,

)

)

VS.

)

)

NIKKl HALEY, SOUTH CAROLINA )

DEPARTMENT OF SOCIAL SERVICES, )

LILLIAN KOLLER, KATHLEEN HAYES, )

ISABEL BLANCO, ROBIN KUBLER, )

MERRY EVE POOLE, URSULA BEST, )

CASSANDRA DANIELS, PATRlCIA )

BOSWELL, DEBRA WISE, CHARLENE )

ROBINSON, DONNA OUTEN, ROBERT )

SEEPERSAUD, BOYS HOME OF THE )

SOUTH, INC., VERNON HAYES,

)

NICOLE LINDSEY, CYNTHIA BROCK, )

RICHELLE OWENS and JOHNNY JONES)

)

DEFENDANTS,

)

~~~-~~------ )

AMENDED COMPLAINT

(JURY TRIAL DEMANDED)

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The Plaintiff complaining of the Defendants herein would respectfully show unto this Honorable Court:
Introduction 1, That Plaintiff John Doe (Doe), by and through his Guardian Jane Doe, sues to recover compensatory and punitive damages for injuries caused by Defendants' j tortious conduct and violations of his federal civil rights. 2, That on March 28) 2011, Doe, an eleven~year~old boy from Abbeville County in foster care in the custody of the South Carolina Department of Social Services

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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 4 of 37
.••..
(SCDSS), was attacked and sexually assaulted on two separate occurrences by AR, an older boy, also in foster care in SCDSS custody. Doe and AR were housed in the same cottage at the Boys Home of the South (B~OTS), a child care institution licensed and supervised by SCDSS....
3. That at the time of the attacks and sexual assaults on Doe, SCDSS and BHOTS employees had notice of numerous prior incidents of child~on~child maltreatment at BROTS. AR in particular had a history-mown to SCDSS and BHOTS employees-of sexually inappropriate behavior with other boys at the facility. Yet just days before the attacks and sexual assaults, Doe's SCDSS caseworker visited Doe at BHOTS and noted "there are no safety issues or concerns noted in the cottage where [Doe] is currently residing."
4. That despite AR's prior inappropriate sexual behavior and Doe's young age, at the time ofthe attacks and sexual assaults both boys were placed in Greer Cottage, pati ofBHOTS' Low Management Group Care Housing. These Low Management Group Care Houses were among the institution~style group facilities frequently used in 2010 and 2011 by SCDSS to house foster children, especially y01.mger children like Doe. Because of a gross lack of foster family homes for children in foster care in SCDSS custody, SCDSS had a policy, custom, pattern, or practice of utilizing and inadequately supervising group homes generally and Low Management Group Care Housing specifically. As one 2010 SCDSS publication admits, "[SCDSS] ovenelies on congregate care facilities for our children, when reseal'ch shows that children have better outcomes when placed in families." According to data maintained by the Federal Administration for Children and Families (ACF) ofthe Department of Health and Human Services
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 5 of 37
(HHS), in 2010 811d 2011 South Carolina was ranked 50th among states in both the percentage of children in foster care age 12 or younger housed in group homes and the percentage of children in foster care age 12 or younger placed in institutions.
5. That because of the absence of suitable family-based foster homes for children in South Carolina in 2010 and 2011, SCDSS policies permitted SCDSS to warehouse 10 or more children of all ages per "cottage" in Low Management Group Care Housing. SCDSS's policies did not prohibit these placements from mixing children who were victims of child abuse or neglect with children who had engaged in sexually inappropriate behavior with other children. SCDSS allowed these facilities to have staff to child ratios as high as 1 adult for evelY 10 children during the day and 1 adult for every 14 children at night. Further, while one adult staffwas required to be physically present at night, SCDSS did not require they be on duty 01' even awake.
6. That Greer Cottage at BROTS was 110 exception. BROTS' policies governing Doe's placement required Greer Cottage at all times to have a staff-to~child ratio of 1 adult for every 10 children. Doe was "to be provided with 24 hour supervision," only "16 hours of which [was] awake." On the evening of March 28, 2011, when Doe
was attacked and sexually assaulted by AR 6 boys were residing at Greer Cottage. Only
on.e staff member was present in the cottage even though SCDSS and BROTS were both aware ofthe risk that AR presented to Doe.
7. That in 2010 and 2011, SCDSS and BEOTS had a policy, custom, pattern, or practice of failing to require caretakers in residential facilities to remain awake at night, which violated accepted professional child welfare standards.
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 6 of 37
8. That in 2010 and 2011). SCDSS and BI-IOTS had a policy, custom, pattern, or practice of failing to track chi1d~on-child maltreatment, failing to consider such incidents in the oversight and monitoring of group homes such as BHOTS, and failing to consider such incidents prior to decisions to place children in specific group home housing such as BROTS.
9. That after the attacks and sexual assaults on Doe, SCDSS and BROTS failed to adequately investigate the incident. SCDSS failed to complete forensic interviews for months after the attacks and sexual assaults. SCDSS's initial investigation into the attacks and sexual assaults on Doe, completed in May 2011, found no negligent supervision because BHOTS was not required to have awake staff at the time ofthe incident. A second investigation conducted by SCDSS into the same incident, completed in July 2011, reversed course and found negligent supervision on the part of the BHOTS "house parent" on duty but made no findings against BHOTS.
10. That the faihrre to adequately investigate the attacks and sexual assau1ts on Doe was part of a policy, custom, pattern, or practice at SCDSS and BHOTS of failing to conduct adequate investigations into incidents of child-on-child maltreatment. In the 2010 Child and Family Service Review (CFSR) of SCDSS conducted by ACF, the federal reviewers determined SCDSS failed to make "diligent efforts to assess and address the risk of harm to the child" in more than 40 percent of the cases reviewed.
11. That after the attacks and sexual assaults on Doe, SCDSS and BHOTS failed to provide Doe with desperately needed mental health treatment for m.onths, even though the event so traumatized Doe that he attempted to cut his wrist with a razor blade a week after the incident. A June 2011 psychiatric assessment lists "Depression,"
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 7 of 37
"lrdtability," "Oppositional," and "Sleep!appetite disturbance" under "Target Symptoms
for Treatment." Yet Doe received no treatment for the trauma he suffered tmtil mid-July
2011, and the little treatment SCDSS did ultimately provide to Doe, before discharging him from state custody in March2012, was grossly inadequate.
12. That the faihrre to provide Doe with necessary mental health treatment was prui of a policy, custom, pattern, or practice at BHOTS and SCDS S of denying children needed mental health care. BHOTS and other Low Management Group Care facilities routinely housed children with mental health needs who were not receiving necessary treatment. In its 2010 Annual Progress and Services Report, SCDSS stated that the agency was 110t adequately monitoring the medical needs of children in its custody
and that, as a result, children often did not receive appropriate follow-up treatment. In its
2010 CFSR of SCDSS, ACF found a "scarcity of key services, such as psychological
evaluations and mental health ... treatment services." 13. That Plaintiff John Doe, by and tlnough his guardian Jane Doe, sues to
recover damages caused by these shocking failures in placement, supervision, treatment, and investigation by BROTS and SCDSS and their employees. 111ese failures caused Doe
to suffer severe injtu:ies and harm. Defendant individuals were employees at SCDSS and BHOTS who were directly responsible for Doe's care. Each of Defendants had notice that housing Doe at BHOTS exposed him to dangers and a risk of harms, yet they ignored them. This gross negligence and deliberate indifference directly resulted in his injuries.
Defendant Haley, as the chief public official in the state, had notice of the patiems, practices, policies, and customs alleged in this complaint yet ignored them.
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 8 of 37
The Parties Plaintiff
14. That Plaintiff John Doe (Doe) was born in 1999. He is a minor child and a
citizen and resident of the County of Abbeville, South Carolina. He was a foster child in .
the legal custody ofSCDSS from May 2010 to March 2012. SCDSS placed Plaintiff in
the care and physical custody of BHOTS, where he resided between May 2010 and JtUle 2011.
15. That Plaintiff's guardian Jane Doe brings this suit on Plaintiffs behalf. She is also a citizen and resident of Abbeville County, South Carolina. Jane Doe was given legal guardianship of John Doe upon his discharge from SCDSS custody.
Defendants 16. That Defendant Nikki Haley is the Governor of South Carolina.
Defendant Haley was elected Gove1110r on November 2, 2010. Defendant Haley is a resident of South Carolina. Defendant Haley is the supreme executive authority of South Carolina, responsible for ensuring that all state agencies act in compliance with all state and federal laws and the United States Constitution. Defendant Haley appoints the Director ofSCDSS, with the advice and consent of the State Senate. Defendant Haley
also has the power to remove the Director of SCDSS at her discretion.
SCDSS Defendants 17. That Defendant South Carolina Department of Social Services
(SCDSS) is an agency of the State of South Carolina created by the General Assembly of
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 9 of 37
the State of South Carolina, SCDSS is l'esponsible for ensuring that the children in its custody are safe and are receiving adequate care and treatment in accordance with applicable legal standards.
18. 111at Defendant Lillian Koller is the Director of SCDSS and a resident of South Carolina. Defendant Koller became Director in 2011 and has held the position since. Defendant Koller is responsible for overseeing, managing, and controlling the operation, administration, and organization of SCDSS in accordance with applicable legal standards. TIus includes providing safe and adequately supervised placements and treatment for children in foster care in SCDSS custody.
19. That Defendant Kathleen Hayes was Defendant Koller's predecessor as Director of SCDSS. Defendant Kathleen Hayes served as Director of SCDSS from 2007 to 2011. As Director she was responsible for overseeing, managing, and controlling the operation, administration, and organization of SCDSS in accordance with applicable legal standards. This included providing safe and adequately supervised placements and treatment for children in foster care in SCDSS custody.
20. That Defendant Isabel Blanco was the Deputy Director for Human Services at SCDSS during 111e times alleged herein, with responsibility for providing safe and adequately supervised placements and treatment, in accordance with applicable legal standards, for children in foster care in SCDSS custody.
21. That Defendant Robin Kubler was the Director of SCDSS for Region I and a resident of South Carolina during the times alleged herein. Region I is the region that encompasses Abbeville and Greenville Counties. Defendant Kubler is also a resident ,of South Carolina. Defendant Kubler supervised SCDSS operations in Region I, and her
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 10 of 37
responsibilities included ensuring that all Region I staffwere adequately trained and supervised and met the requirements of the law and SCDSS policy.
22. That Defendant Merry Eve Poole was the Director of SCDSS for Abbeville County and a resident of South Carolina dming the times alleged herein and is a resident of South Carolina. Defendant Poole supervised SCDSS operations for Abbeville County while Doe was in SCDSS custody. Defendant Poole was responsible for ensuring that Abbeville COlmty staff were adequately trained and supervised and met the requirements of the law and SCDSS policy.
23. That Defendant Ursula Best was an SCDSS employee in Abbeville I County and a resident of South Carolina during the times alleged herein. Defendant Best was Defendant Daniels' supervisor while Doe was in SCDSS custody. She was responsible for supervising her caseworkers as well as the safety and well-being of their clients in accordance with applicable legal standards.
24. That Defendant Cassandra Daniels was an SCDSS employee in
Abbeville County and a resident of South Carolina dming the times alleged herein. She
was the assigned caseworker for both Doe and AR during Doe's time in SCDSS custody. As Doe's caseworker she was responsible for monitoring his safety and well-being while he was in SCDSS custody in accordance with applicable legal standards.
25. That Defendant Patricia Boswell was an SCDSS Licensing Supervisor and a resident of South Carolina during the times alleged herein. Defendant Boswell supervised Defendants Wise and Robinson. Defendant Boswell was also responsible for ensuring that SCDSS licensing staff were adequately trained and for ensuring that BROTS and other private providers under contract with SCDSS were providing safe and
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 11 of 37
adequately supervised placements, in accordance with applicable legal standards, for children in SCDSS custody.
26. That Defendant Debra Wise was an SCDSS Licensing Representative and a resident of South Carolina during the times alleged herein. Defendant Wise was responsible for ensuring that BHOTS and its staff provided a safe and adequately supervised placement, in accordance with applicable legal standards, for children in SCDSS custody.
27. That Defendant Charlene Robinson was an SCDSS Licensing Representative and a resident of South Carolina during the times alleged herein. Defendant Robinson was responsible for ensming that BROTS and its staff provided a safe and adequately supervised placement, in accordance with applicable legal standards; for children ill SCDSS custody.
28. That Defendant Donna Outen was the Supervisor of the Out of Home Abuse and Neglect Unit (OHAN), a subdivision ofSCDSS, and a resident of South Carolina during the times alleged herem. Defendant Outen was responsible for ensuring GHAN adequately investigated abuse and neglect allegations in out-of-home placements, like BHOTS, and for ensuring that children in these placements were safe and were receiving adequate care and supervision in accordance with applicable legal standards. Defendant Outen supervised multiple SCDSS investigations into abuse and neglect at BROTS.
29. That Defendant Robert Seepersand was an ORAN investigator and a resident of South Carolina during the times alleged herein. Defendant Seepersaud was responsible for adequately investigating abuse and neglect allegations in out-of-home
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 12 of 37
placements, like BHOTS, and for ensuring that children in these placements were receiving adequate care and supervision in accordance with applicable legal standards. Defendant Seepersaud was in charge of the SCDSS investigation that began on March 30, 2011 into whether Doe was abused and neglected while at BHOTS.
BHOTS Defendants
30. That Defendant Boys Home of the South, Inc. (BHOTS) is a non-profit domestic corporation located in South Carolina. During the times alleged herein, SCDSS licensed BHOTS to provide housing and services to children in SCDSS's custody. Its facility was and is located at 10612 Augusta Road, Belton, SC 29627. BHOTS and its employees are heavily regulated perfonners of a traditionally and exclusively public function. Although SCDSS retained a non-delegable constitutional duty to ensure that children in SCDSS custody were safe and receiving adequate care, SCDSS entrusted BHOTS and its employees "With implementing the concomitant constitutional duty to .ensure that children placed in the facility were safe and receiving adequate treatment on a . day-to-day basis.
31. That Defendant Vernon Hayes was the Executive Director of BHOTS and a resident of South Carolina during the times alleged herein. Defendant Vernon Hayes was responsible for ensuring that staff were adequately trained; clients were adequately supervised; the facility was safe and secure; and BHOTS complied with the law, SCDSS policy, and accepted professional standards.
32. That Defendant Nicole Lindsey was an employee and the Treatment Coordinator at BHOTS as well as a resident of South Carolina during the times alleged herein. Defendant Lindsey was responsible for ensuring that each housing facility at
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 13 of 37
BHOTS was adequately staffed and safe in accordance with applicable legal standards. Defendant Lindsey was also responsible for ensuring BHOTS' clients were provided with adequate care, supervision, and treatment in accordance with applicable legal standards.
33. That Defendant Cynthia Brodt.: was an employee and the Quality Assurance and Training Manager at BHOTS as well as a resident of South Carolina during the times alleged herein. Defendant Brock was responsible for enS1Jring that BHOTS provided adequate care for children in residence and for ensming that staffhad adequate trail:ling in accordance with applicable legal standards.
34. That Defendant Richelle Owens was an employee and the Acting Treatment Coordinator at BHOTS during the months leading up to the attacks and sexual assaults on Doe. Defendant Owens was also a resident of South Carolina during the times alleged herein. Defendant Owens was also responsible for ensming BHOTS' clients were provided. with adequate care, supervision, and treatment in accordance with applicable legal standards.
35. That Defendant Johnny Jones was an employee ofBHOTS, a House Parent ill BROTS' Greer Cottage, and a resident of South Carolina during the times alleged herein. Defendant Jones was the only staff present in the Cottage 011 the night of the attacks and sexual assaults on Doe. He was responsible for ensuring that the residents of BHOTS, including Doe, were safe and receiving adequate care and supervision in I accordance with applicable legal standards.
Jurisdiction and Venue 36. That this Court has jurisdiction over the subj eet matter of this action under Article V Section 11 of the Constitution of South Carolina; Sections 14-1-80, 15-78-100,
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 14 of 37
and 33-56-180 ofthe Code of Laws of South Carolina 1976, as amended; and the Common Law of South Carolina.
37. That venue is proper in this Court lmder Sections 15-78-100 and 15-7-30 ofthe Code of Laws of So.uth Carolina 1976., as amended. Because Plaintiff minor child was in the custody of the Abbeville Department of Social Services, the acts and omissions alleged herein occurred in Abbeville COlmty, South Carolina.
SCDSS Ina12Qropriately Used Low Management Group Homes in 2010 and 2011 38. That in 2010 and 2011, SCDSS engaged in a policy, custom, pattern, or
practice of housing children in foster care in dangerous and inappropriate placements that neither provided them with adequate protection nor met their needs. Due to a drastic ,shortage of foster family homes, SCDSS unnecessarily institutionalized foster children, including young children like Doe. Defendants were aware of these dangers but failed to remedy them. 'this dangerous and inappropriate placement practice was contrruy to law and reasonable professional standards, was a substantial departure from accepted professional judgment, and was perfomled with deliberate indifference to known harms.
39. That in its 2009 Statewide Assessment to ACF, SCDSS recognized that it faced a drastic shortage of foster home placements throughout the state. Between June 2009 and June 2011, the total number of foster home licenses dropped even further.
40. That the 2010 CFSR performed by ACF found that the shortage of foster
homes affected SCDSS's "overuse of institutional placements, such as emergency
shelters and group homes."
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 15 of 37
41. That in a 2010 publication, SCDSS admitted that it "ovel1'elies on congregate care facilities for our children, when research shows that children have better outcomes when placed in families."
42. That Defendants Nikki Haley, Kathleen Hayes and Lillian Koller had notice and knowledge of the 2009 Statewide Assessment, the State's placement shortage and over use of institutional group care placements, the results ofthe 2010 CFSR, and the 2010 SCDSS publication referenced in Paragraph 41.
43. That according to federal data maintained by ACF, in 2010 and 2011 South Carolina was ranked 50th among states in both the percentage of children in foster care age 12 or YOlmger housed in group homes and the percentage of children in foster care age 12 or y01.ll1ger placed in institutions.
44. That Defendants Nikki Haley, Kathleen Hayes, and Lillian Koller had notice and knowledge of South Carolina's performance in ACF data.
45. That SCDSS descdbed the Low Management Group Care Program as "24 hour long term care to children" with a preference "for the service to be provided in single gender cottages or group care settings for 6 to 10 children.~' SCDSS policies allowed Low Management Group Care Programs to house children of any age, SCDSS policies also did not prohibit mixing young children, such as Doe, with children up to ages 15 or 16 years old, These policies further did not prohibit mixing child victims of abuse and neglect with children who had acted out sexually with other children.
46. That in 2010 and 2011, the BHOTS Defendants, with the SCDSS Defendants~ approval, designated Greer Cottage as Low Management Group Care
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 16 of 37
Housing. BHOTS and SCDSS allowed there to be as many as 10 children for each staff member. SCDSS and BHOTS did not require BHOTS staff to be awake overnight.
47. That failing to require caretakers to remain awake at night violated accepted professional child welfare standards.
Defendants Had Notice that Placing Doe in Greer Cottage Presented an Unreasonable Risk to Doe's Safety
48. That prior to the attacks and sexual assaults, Defendants had notice of prior incidents of inappropriate sexual behavior by AR involving other child residents at BHOTS, which presented notice of and a known danger to Doe.
49. That ORAN was responsible for investigating allegations of abuse and neglect concerning children, like Doe, in out-of-home placements. Between January 1, 2009 and the night ofthe attacks and sexual assaults, the BHOTS Defendants and SCDSS Licensing and OHAN staff received at least eight reports ofinappropliate sexual activity between residents at BHOTS. SCDSS Licensing staff visited BHOTS at least four times to follow up on complaints. Only one visit resulted in a Corrective Action P1an, and that was related to BHOTS' failure to perfonn required background checks on staff. No corrective actions were taken as a result of the instances of inappropriate sexual activity between residents. On August 2, 2010, Defendants Patricia Boswell, Debra Wise, and , Charlene Robinson participated in a licensing case staffing "to review recent Regulatory actions regarding [BHOTS]."·They determined there were "no general program issues ... identified out of all the OHAN reports."
50. That not only did Defendants fail to take action, they increased the level of BHOTS' responsibility. Defendant Wise reports that on Febmary 23, 2011 SCDSS
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Licensing staff granted Executive Director ofBHOTS, Defendant Vernon Hayes' request to change the maximwn total number of children BHOTS was licensed to house on its grOlmds from 50 to 67.
51. That in 2010 and 2011 AR was in the custody of SCDSS and placed by Defendants in BHOTS' Greer Cottage.
52. That before the attacks and sexual assaults, the BROTS Defendants and Defendant Cassandra Daniels were aware of AR' s history of sexually inappropriate behavior with other boys at the facility.
53. That no regulatory or administrative changes were made at BROTS after AR's earlier inappropriate sexual activity came to light.
54. That AR remained in Greer Cottage after the earlier incidents even though the Cottage had no nighttime supervision.
55. That on January 19,2011, about two months before the attacks and sexual assaults on Doe, an ORAN investigation into inappropriate sexual activity at BHOTS Iwas returned "Unfounded." Although neither the investigator nor Defendant Outen (the ORAN supervisor who signed off on the investigation) questioned whether inappropriate sexual activity had occtlTI'ed, OHAN decided against fmding abuse and neglect because the "[f]acility policy allows for house parents to sleep at night and [the] incident occurred during bed hours and staff was asleep."
56. That in 2010 and 2011, the SCDSS and BHOTS Defendants maintained a policy, custom, patteln, or practice of failing to adequately track incidences of child-onchild maltreatment.
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 18 of 37
57. That in 2010 and 2011, the SCDSS Defendants maintained a policy, . custom, pattem, or practice of specifically failing to utilize information about child-on-
child maltreatment in its monitoring and oversight of group home and institutional care providers, including Low Management Group Housing providers like BHOTS, and failing to utilize such information in making specific placement decisions for children in foster care.
58. That in 2010 and 2011, the BROTS Defendants maintained a policy, custom, patte1'll, or practice of failing to adequately track and utilize infolmation about child-an-child maltreatment in its care and supervision of children residing at their facility.
59. That on the night of the attacks and sexual assaults on Doe, Johnny Jones was the only BROTS staff present in Greer Cottage. He was there alone even though he , had been disciplined in the past for watching without intervening while 10 boys beat up another-an event reported to SCDSS licensing and ORAN staff (including Defendants Seepersaud and Outen). Jones later told OHAN Investigator Richard Williams that Jones
was "allowed to sleep in the cottage at night and [was] not responsible for what happen[s]
after bedtime." "[A]t night," he said, "anytbffig can happen ... with the lads." 60. That on March 22, 2011, just days before the attacks and sexual assaults,
Defendant Cassandra Daniels visited Doe at BHOTS. Her notes fi'om the visit state "there are no safety issues or concerns noted in the cottage where [Doe] is currently residing."
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Defendants Placed Doe at BHOTS Where He Was Attacked and Sexually Assaulted 61. That Doe was removed from his home and taken into foster care in the

custody of SCDSS in Abbeville County in May 2010. He remained in SCDSS custody

through March 2012.

62. That SCDSS removed Doe from his home where he lived with his

grandparents. When SCDSS removed him from his home, Doe was only 10 years old and

. did not present with any severe treatment needs that would require placement in a facility

or institution.

63. That SCDSS failed to find a relative or a family foster home for Doe and

instead, because of a lack of foster family homes, SCDSS first placed him in the Bowers

Rogers Home (an emergency shelter) from May 5, 2010 to May 7, 2010. After that

placement, again without finding that Doe had any special needs that would require

placement in a facility or instii11tion, SCDSS moved Doe to BHOTS.

64. That Defendants placed Doe in Greer Cottage, part ofBHOTS' Low
Management Group Care Housing, on May 7~ 2010. He resided there until March 29,

2011 when Defendants transferred him to CARE Cottage, another residence at BHOTS.

65. That on or about March 28,2011 after 9:00 P.M., Defendant Johnny Jones

was the only staff member in Greer Cottage. While Defendant Jones was at the front of

the building talking with residents from another cottage, AR attacked and sexually

assaulted Doe in the bedroom area at the back of the cottage. Later that night, after all the

other residents and Jones had gone to bed, AR climbed into Doe's bed while Doe was
sleeping and sexually assaulted him again.

66. That the next afternoon Doe reported the attacks and sexual assaults to

BHOTS staff.

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67. That Defendants were deliberately indifferent and grossly negligent so as to shock the conscience in placing Doe in GIeer Cottage, part ofBHOTS' Low
Management Group Care Housing. Defendants had notice of the danger and the risk to Doe's safety in placing Doe in a plaoement alongside AR without adequatesupervisioll.
Defendants Failed to Adequately Respond Even After Doe Was Attacked and Sexually Assaulted
68. That following the attacks and sexual assaults, Defendants left Doe at BROTS, moving him only from Greer Cottage to CARE Cottage, another residence at
BROTS' facility. Doe remained placed at BROTS until June 28, 2011. 69. That on AprilS, 2011, just days after the attacks and sexual assaults,
Defendant Wise again visited BROTS to conduct a licensing review. In her repOli, under "Out of Rome Abuse and Neglect reports" she writes "N/A." Under "Major behavjor incidents" she again writes "N/A." And the space for "Recommendations/Follow-up
issues"-that space she left blank. 70. That on the same day, AprilS, 2011, Defendant Seepersaud, the SCDSS
investigator assigned to Doe's case, emailed Defendants Patricia Boswell, Debra Wise, and Charlene Robinson saying:
There are concems about the appropriate staffing of the Greer cottage where there is a "Sleep Staff' situation that lends itself to in appropriate [sic] supervision of activities after staff is gone to bed. The layout [sic] of the cottage hinders supervision or "a line of sight" if residents go to the back area where the bathrooms and bed rooms [sic] are located while staff remain in the living room area. What corrective action can regulatory bring to bear on these concerns?
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71. That SCDSS Licensing's answer to Defendant Seepersaud was contained in an email sent by Defendant Robinson on May 2, 2011: ''Night staff is allowed to sleep and no bed checks are req'cl per Regs."
72. That on May 3, 2011, OHAN's first investigation into the attacks and sexual assaults on Doe was returned lUllounded. Again OHAN reasoned that there was no abuse or neglect because "staff is 110t held responsible to do bed checks throughout the night and for activities after bedtime and lights out."
73. That ORAN began a second investigation on June 17, 2011. This time the OHAN investigator was Richard Williams.
74. That on June 19, 2011, Williams emailed Defendants Robinson, Outen, Boswell, and SCDSS Deputy Director Isabel Blanco stating "I'm sure you are aware [this] is [the] third report that ORAN has received in the last six months of allegations of ,sexual abuse between residents at the Boys of the South Group Home."
75.' That these failures were pmi of a polley, custom; pattern, or practice at SCDSS of failing to adequately monitor the safety and supervision of placements housing children jn foster care, particularly group care placements such as BHOTS.
76. That the failure to adequately investigate the attacks and sexual assaults on Doe was part of a custom, policy, pattern, or practice at SCDSS and BHOTS of failing to conduct adequate investigations into incidents of child~on~child maltreatment.
77. That according to the 2010 CFSR ofSCDSS conducted by ACF, in almost a quarter of the cases reviewed, the frequency and quality of visits by SCDSS caseworkers were "insuffIcient to ensure adequate monitoring [of] the child's well~being .and promote attainment of case goals." The federal reviewers also determmed SCDSS
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failed to make "diligent efforts to assess and address the risk of harm to the child" in more than 40 percent of the cases reviewed.
78. That Defendants Nikki Haley, Kathleen Hayes, and Lillian Koller had notice and knowledge of the 2010 CFSR conducted by ACF and its findings.
79. That Defendants also failed to adequately investigate the attacks and sexual assaults.
80. That although the attacks and sexual assaults occurred on or about March
28,2011, SCDSS did not complete a forensic interview of Doe until May 31, 2011.
81. That although Doe was tak:en to the hospital several days after the attacks and sexual assaults, SCDSS did not perfonn a forensic medical exam trotil July 14, 2011.
82. That SCDSS never performed a forensic interview on Doe's assailant AR. 83. That SCDSS did not complete its forensic interviews of witnesses until months after the attacks and sexual assaults. 84. That when the second investigation returned a finding of abuse and neglect on July 28,2011, the finding only implicated Johnny Jones for neglectful supervision. There was no fmding against BROTS.
Defendants Failed to Provide Doe with Adequate Treatment After the Attacks and Sexual Assault~
85. That Defendants were deliberately indifferent and grossly negligent so as to shock the conscience in failing to provide Doe with adequate mental health treatment after the attacks and sexual assaults. Defendants had notice of Doe's need for mental health treatment after the attacks and sexual assaults and they had notice ofthe danger in
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failing to provide him with these services, yet they chose to ignore these dangets notwithstanding their notice.
86. That immediately after the attacks and sexual assaults, Doe's mental health began to deteriorate.
87. That on AprilS, 2011 Doe slit one of his wrists with a razor he removed from a pencil sharpener and had to be taken to the hospital.
88. That according to Defendant Daniels, after the attacks and sexual assaults Doe also began to display "behaviors that have warranted staff to call law enforcement to the campus due to the 'acting out' behavior presented by [Doe]."
89. That BRaTS Treatment Coordinator Lindsey was on maternity leave from BROTS the night Doe was attacked and sexually assaulted. When she returned she told Defendant Daniels that "[Doe's] behaviors changed within the last couple of weeks," and that "since her return to work [Doe] has acted like a different individual."
90. That a psychiatric medical assessment undergone at the behest of SCDSS and dated Jlme 2, 2011 lists "Depression," "Irritability," "Oppositional," and "Sleep/appetite disturbance" under "Target Symptoms for Treatment." The document also says "[Doe] continues to have severe difficulties with temper outbursts, irritability and property destruction.... [He has had] chronic behavioral difficulties in school and likely will repeat 6th grade,"
91. That Doe's "Discharge Summary/Aftercare Plan," dated June 28,2011, states "[Doe] was also involved in a sexual incident in March of2011 and his behaviors seemed to deteriorate after this."
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92. That Defendants left Doe languishing at BHOTS for months after the attacks and sexual assaults without desperately needed treatment before fmding him another placement.
93. That Defendants Li~lian Koller and Is.ab~l Blancp were aware of the
attacks and sexual assaults and Doe's need for mental health treatment at least a month
before Doe began receiving treatment. Isabel Blanco attended a staffing in June 2011 in which the attacks and sexual assaults on Doe were discussed. OHAN investigator Williams' case notes show that Koller was aware of his investigation when it began and had "concerns."
94. That every BHOTS Weekly Summary for Doe following the attacks and sexual assaults in March through his discharge from the facility in June 2011 states that Doe needs to be in long~term therapy. Yet Doe did not even have his first bi~weekly •appointment with a treating therapist until July 18, 2011.
9S. That the inadequate treatment provided to Doe was part of a policy, custom, pattern, or practice in which SCDSS routinely failed to meet the mental health needs of children in SCDSS custody.
96. That in its 2010 Annual Progress and Services Report, SCDSS stated that it often failed to monitor the medical needs of children in its custody and that those children often did not receive appropriate follow-up and treatment.
97. That the 2010 federal CFSR of SCDSS conducted by ACF fOl.md "a scarcity of key services, such as psychological evaluations and mental health .. , treatment services." In its 2003 CFSR of SCDSS, ACF fOl.md the same problem: "[t]he
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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 25 of 37
State had service gaps in key areas (particularly ... quality mental health services) that affected the achievement of safety and permanency for children."
98. That Defendants Nilda Haley, Kathleen Hayes and Lillian Koller had notice and knowledge of the SCDSS 2010 Annual Progress and Services Report and its findings, and the 2010 and 2003 CFSR reports and findings.
Doe's Injuries 99. That as a direct and proximate result of Defendants' acts, John Doe suffered the following injuries: violation of his constitutional right under the Fourteenth Amendment to the United States Constitution to a safe and secure placement, violation of his constitutional right under the Fourteenth Amendment to the United States Constitution to safety and adequate care, great and pelll1anent mental harm and injury, physical pain from the battery, emotional distress, alteration of his lifestyle, psychological trauma, apprehension, anxiety, depression, embarrassment, shame, and a loss of enjoyment of life, all resulting from the abuse he suffered, which has and will in the future cause him to spend money for mental health treatment services.
First Cause of Action Grossly Negligent Supervision Under the South Carolina TortClaims Act
(Against SCDSS) 100. That Plaintiff incorporates the allegations set forth in each of the foregoing paragraphs as if they were fully set forth here.
101. That under the South Carolina Tort Claims Act, § 15-78-10 et seq. ofthe
Code of Laws of South Carolina 1976, as amended, and the Cornmon Law of South
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Carolina, SCDSS is liable for its tortious acts and the tortious acts of its employees and

agents performed in the scope of their employment.

102. That SCDSS and its employees and agents, acting within the scope of their

. employment, were willful, W"at1ton, careless, grossly negligent, and failed to exercise even

slight care in:

a. Placing Doe in BHOTS without adequate supervision along with a

child they knew to be dangerous and a risk to Doe's safety;

b. Failing to adequately supervise Doe and the child that assaulted

him;

c. Placing Doe in the physical custody ofBBOTS instead of with

family members 01' a private family foster home;

d. Placing Doe in the physical custody of BHOTS knowing that

BHOTS lacked adequate supervision;

e. Failing to require nighttime supervision in the cottages at BROTS;

f

Failing to adequately supervise BH.oTS;

g. Failing to adequately supervise Doe at BHOTS after he was

attacked and sexually assaulted;

h. Failing to institute adequate licensing policies and practices with

respect to BHOTS; and

1. Failing to adequately regulate and supervise low management

group care facilities including BROTS.

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103. That Doe suffered the attacks and sexual assaults and the injw1es set out in this Complaint as the direct and proximate result of SCDSS!s and its employees' and agents' tortious acts.
Second Cause of Action Gross Negligence in Failing to Provide Treatment Under the South Carolina Tort
Claims Act (Against SCDSS) 104. That Plaintiff incorporates the allegations set forth in each of the foregoing paragraphs as if they were fully set forth here. 105. That under the South Carolina Tort Claims Act, § 15-78-10 et seq. of the Code of Laws of South Cal'olina 1976, as alnended, and the Common Law of South Carolina, SCDSS is liable for its tortious acts and the tortious acts of its employees and agents performed in the scope of their employment. 106. That SCDSS and its employees and agents, acting in the scope oftheir employment, were willful, wanton, careless, grossly negligent, and failed to exercise even slight care in failing to provide Doe with proper and prompt mental health treatment after he was attacked and sexually assaulted. 107. That Doe suffered the injwi.es set out in this Complaint as the direct and proximate result of SCDSS's and its employees' and agents' tortious acts. 108. That Doe's losses under this Second Cause of Action proximately flow fmill acts of gross negligence different (as defined by Section 15-78~30(g) of the Code of
Laws of South Carolina 1976, as amended) from the acts giving rise to Doe!s First and Fifth Causes of Action.
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Third Cause of Actiou Violation of F'ourteenth Amendment Right to a Safe and Secure Placement
(Against SCDSS Employees) 109. That Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if they were fully set fort~ he,re.. 110. That the Fourteenth Amendment to the United States Constitution guarantees the right of all children in custody to a safe and secure placement. 111. That under 42 U.S.C. § 1983, persons acting under color of state law are liable for violating constitutional rights. 112. That SCDSS' s Defendant employees (Cassandra Daniels, Ursula Best, Merry Eve Poole, Robin Kubler, Robert Seepersaud, Donna Outen, Debra Wise,
Charlene Robinson, Patricia Boswell, Isabel Blanco, Kathleen Hayes, and Lillian Koller), acting in their personal capacities ullder color of South Carolina Law, were deliberately indifterent to Doe's constitutional right to a safe and secure foster care placement so as to shock the conscience. They had notice of the danger in:
a. Placing Doe in BHOTS without adequate supervision along with a child they knew to be dangerous and a l'isk to Doe's safety; b. Failing to adequately supervise Doe and the child that assaulted him; c. Placing Doe in the physical custody ofBHOTS instead of with family members or a private fanli1y foster home; d. Placing Doe in the physical custody of BHOTS knowing that BHOTS lacked adequate supervision; e. Failing to require nighttime supervision in the cottages at BHOTS; f. Failing to adequately supervise BHOTS;
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g. Failing to ensure that Doe was adequately supervised at BROTS

after he was attacked and sexually assaulted;

h. Failing to institute adequate licensing policies and practices with

respect to BHOTS; and

1.

Failing to adequately regulate and supervise low management

group care facilities, including BROTS.

113. That each ofSCDSS's Defendant employees ignored these dangers

notwithstanding their notice of them.

114. That these failures were part ofthese Defendants' policy, custom, pattem,

or practice of violating the constitutional rights of children in their care.

115. That Defendants Nikki Raley, Kathleen Hayes, and Lillian Koller, acting

in their personal capacities under color of state law, were deliberately indifferent to Doe's

constitu.tional right to a safe and secure foster care placement so as to shock the

conscience. They had notice and knowledge of the dangers created by SCDSS's policy,

custom, pattern, or practice of improperly using and failing to adequately supervise group

facilities, including Low Management Group Care Housing and BHOTS, yet they chose

to ignore these dangers notwithstanding the notice.

116. That Doe suffered the attacks and sexual assaults and the injuries set out in

this COJ:llplaint as the direct and proximate result of Nikki Haley's and SCDSS's

Defendant employees' constitutional violations.

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Fourth Cause of Action Violation of Fourteenth Amendment Right to Adequate Care
(Against SCDSS Employees) 117. That Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if they were fully set forth here. 118. That the Fourteenth Amendment to the United States Constitution guarantees the right of all children in custody to safety and general well-being. 119. That tmder 42 U.S.C. § 1983, persons acting under color of state law are liable for violating constitutional rights. 120. That SCDSS's Defendant employees (Cassandra Daniels, Ursula Best, Merry Eve Poole, Robin Kubler, Robert Seepersaud, Donna Outen, Debra Wise, Charlene Robinson, Patlicia Boswell, Isabel Blanco, and Lillian Koller), acting in their personal capacities under color of South Carolina Law, were deliberately indifferent to Doe's constitutional right to safety and general well-being so as to shock the conscience. They had notice of Doe's need for mental health treatment after the attacks and sexual assaults and they had notice ofthe danger in failing to provide these services to him, yet they chose to ignore these dangers notwithstanding their notice ofthem. 121. That these failures were part of these Defendants' policy, custom, pattern, or practice of violating the constitutional rights of children in their care. 122. That Defendants Nikki Haley, Kathleen Hayes, and Lillian Koller were deliberately indifferent to Doe's constitutional right to safety and general well~being so as to shock the conscience. They had notice and lmowledge ofthe dangers created by SCDSS 's policy, custom, pattem, or practice of failing to provide adequate mental health treatment to children in SCDSS custody, including children like Doe whowel'e victims of
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attacks and sexual assaults, yet they chose to ignore these dangers notwithstanding the notice,
123, That Doe suffered the injuries set out in this Complaint as the direct and proximate result ofNikki Haley's and SCDSS's Defendant employees' constitutional violations.
Fifth Cause of Action Grossly Negligent Supervision Under the South Carolina Solicitation of Charitable
Funds Act (Against BHOTS Defendants) 124. That Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if fully set forth here. 125. That under the South Carolina Solicitation of Charitable Funds Act, § 33" 56-10 et seq. of the Code of Law of South Carolina 1976, as amended, and the Common Law of South Carolina, BHOTS is liable for its tortious acts and the tortious acts of its employees acting in the scope of their employment. BROTS' employees are also liable for their own tortious actions. 126. That Defendant BHOTS and the other BHOTS Defendants (Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones), acting within the scope of their employment, were negligent, willful, wanton, careless, grossly negligent, and failed to exercise even slight care in: a. Placing Doe in a cottage at BROTS without adequate supervision along with a child they knew to be dangerous and a risk to Doe's safety; b, Failing to adequately supervise Doe and the child that assaulted him;
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c, Failing to provide adequate 24-holU" supervision of the cottages at BHOTS; and d. Failing to provide adequate supervision of Doe after he was .attacked and sexually assaulted. 127. That Doe suffered the attacks and sexual assaults and the injuries set out in this Complaint as the direct and proximate result of the BHOTS Defendants' tortious acts.
Sixth Cause of Action Gross Negligence in Failing to Provide Treatment Under the South Carolina
Solicitation of Charitable Funds Act (Against BROTS Defendants)
128. That Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if they were fully set forth here.
129. That under the South Carolina Solicitation of Charitable Funds Act, § 33-
56-10 et seq. of the Code of Law of80uth Carolina 1976, as amended, and the Common
Law of South Carolina, BHOTS is liable for its tOliious acts and the tortious acts of its employees and agents perfonned in the scope of their employment. BHOTS' employees are also liable for their own tortious acts.
130. That Defendant BRaTS and the other BRaTS Defendants (Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones), acting in the scope oftheir employment, were negligent, willful, wanton, careless, grossly negligent, and failed to exercise even slight care in failing to provide Doe with proper and prompt mental health treatment after he was attacked and sexually assaulted.
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131. That Doe suffered the injuries set out in this Complaint as the direct and proximate result of the BROTS Defendants' tOliious acts.
132. That Doe's losses under this Sixth Cause of Action proximately flow from acts of gross negligence different (as defined by Section 15-78-30(g) ofthe Code of Laws of South Carolina 1976, as amended) from the acts giving rise to Doe's First and Fifth Causes of Action.
Seventh Cause of Action Violation of Fourteenth Amendment Right to a Safe and Secure Placement
(Against BROTS Defendants) 133. That Plaintiff incorporates the allegations set forth in the foregoing
paragraphs as if they were fully set fOlib here. 134. That the FOUlieenth Amendment to the United States Constitution
guarantees the right of all children in custody to a safe and secme placement. 135. That lmder 42 U.S.C. § 1983, persons (including corporations) acting
lmder color of state law are liable for violating constitutional rights. 136. That the BHOTS Defendants (BRaTS, Vernon Hayes, Nicole Lindsey,
Cynthia Brock, Richelle Owens, and Johnny Jones), state actors acting under color of South Carolina Law, were deliberately indiffel'entto Doe's constitutional right to a safe and secure foster care placement so as to shock the conscience. The BRaTS Defendants had notice of the danger in:
a. Placing Doe in a cottage at BHOTS without adequate supervision along with a child they knew to be dangerous and a risk to Doe's safety; b. Failing to adequately supervise Doe and the child that assaulted him;
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c. Failing to provide adequate 24-hour supervision ofihe cottages at BROTS; and d. Failing to provide adequate supervision of Doe after he was attacked and sexually assaulted. 137. That the BHOTS Defendants ignored these dangers notwithstanding their notice of them. 138. That these failures were part of the BROTS Defendants' policy, custom, pattem, or practice of violating the Fourteenth Amendment rights of children in their care. 139. Thai Doe suffered the attacks and sexual assaults and the injuries set out in this Complaint as the direct and proximate result of the BRaTS Defendants' constitutional violations.
Eighth Cause of Action Violation of Fourteenth Amendment llight to Adequate Care
(Against BHOTS Defendants) 140. That Plaintiff incorporates the allegations set forth in the foregoing paragraphs as if they were fully set forth here. 141. That the Fomteenth Amendment to the United States Constitution guarantees the right of all children in custody to safety and general well-being. 142. That under 42 U.S.C. § 1983, persons (including corporations) acting under color of state law are liable for violating constitutional rights. 143. That the BHOTS Defendants eBI--rOTS, Vernon I-byes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones), state actors acting under color of South Carolina Law, were deliberately indifferent to Doe's constitutional light to safety
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and general well-being so as to shock the conscience. The BHOTS Defendants had notice of Doe's need for mental health treatment after the attacks and sexual assaults and they had notice of the danger in failing to provide these services to him, yet the BROTS Defen~aI1ts c~()se to i~nore these dangers notwithstanding their notice of them.
144. That these failures were part of the BHOTS Defendants' policy, custom, pattern, or practice of violating the constitutional rights of children in their care.
145. That Doe suffered the injuries set out in this Complaint as the direct and proximate result of the BHOTS Defendants' constitutional violations. WHEREFORE, Plaintiff requests the Court enter judgment in his favor for:
A. Damages ill the appropriate amount; B. Punitive damages as are appropriate; C. Attorneys' fees, costs, expenses, and disbursements of this action; D. Interest; and E. Such other and. further relief as is just and. proper.
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Dated: Abbeville, South Carolina

By:

Thomas E. Bite Jr. Heather I-lite8tone Bite & Stone 100 East Pickens Street P.O. Box 805 Abbeville, SC 29620 Telephone: (864) 366-5400 Facsimile: (864) 366-2638

Robert 1. Butcher The Camden Law Firm, PA 509 Walnut Street Camden, South Carolina 29020 P.O. Box 610 Camden, South Carolina 29021 Telephone: (803) 432-7599 Facsimile: (803) 432-7499

Marcia Robinson Lowry, admitted pro hac vice

Ira Lustbader, admitted pro hac vice

Chlldren's Rights, Inc.

330 Seventh Avenue

New York, NY 10001

Telephone: (212) 683-2210

Facsimile: (212) 683-4015

Email:

mlowry@childl'ensrights.org

Attorneys for Plaintiff John Doe

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8:13-cv-01772-GRA Date Filed 06/28/13 Entry Number 1-2 Page 37 of 37

STATE OF SOUTH CAROLINA
COUNTY OF ABBEVILLE
JOHN DOE (minor child) by and through his Guardian JANE DOE,
Plaintiff,
v.

IN THE COURT OF COMMON PLEAS Case No.: 2013-CP-OI-I04
AFFIDAVIT OF SERVICE

NIKIU HALEY, SOUTH C~ROLINA DEPATMENT OF SOCIAL SERVICES, LILLIAN KOLLER, KATI-II),EEN HAYES, ISABEL BLANCO, ROBIN KUBLER, MERRY EVE POOLE, URSULA BEST, CASSANDRA DANIELS, PATRICIA BOSWELL, DEBRA WlSE, CHARLENE ROBINSON, DONNA OUTEN, ROBERT SEEPERSAUD, BOYS HOME OF THE SOUTH, INC., VERNON HAYES, NICOLE LINDSE'J, CYNTHIA
BROCK, RICHELLE owm4s, AND JOHNNY
JONES,
Defendant.

PERSONALLY APP[EARED before me Micheal Bonds who, being duly sworn, deposes and says that she is not a party to these proceedings and has no interest therein; that on the 14th day of June,

2013, she served, via U.S. M!j.il, a copy of the Summons and Amended Complaint in the above case by i
causing the same to be deposi~ed in an authorized United States mailbox; that the envelopes containing

said document were properly addressed, securely wrapped and sealed, and bore the proper postage; and the said envelopes were addr~ssed to the following addresses:

James W. Logan, Jr. Logan, Jolly, & Smith, LL~
Post Office Box 259
Anderson, South Carolina 29622

SW~methiS

~ d~..YJ).e..2O-l- .

---~--------

.....

NOTARY PUBLIC FOR SOUTH CAROLINA

My commission expires: y~!7{J

 
 8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 1 of 13

THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION

JOHN DOE (minor child) by and through his Guardian JANE DOE,

Civil Action No.: 13-CV-01772-GRA

Plaintiff,

Jane Doe’s Petition to

v.

Approve a Minor Settlement

NIKKI HALEY, et al.,

Defendants. TO: Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, Johnny Jones and their respective attorneys:

Plaintiff has settled and/or dismissed all claims with Defendants Boys Home of

the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and

Johnny Jones.

Plaintiff asks the Court to (1) appoint Jane Doe as John Doe’s guardian ad

litem for purposes of this settlement and (2) approve a settlement for John Doe, a

minor child, who has settled Counts VI and VIII and dismissed Counts V and VII

against Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia

Brock, Richelle Owens, and Johnny Jones.

The Plaintiffs and Defendants Boys Home of the South, Vernon Hayes, Nicole

Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones reached an agreement

to settle the claims for allegedly failing to provide mental health treatment and to

dismiss all claims against these Defendants (both concerning the alleged attack and

sexual assault on Plaintiff and the alleged subsequent denial of mental health

treatment) with prejudice. Defendants Boys Home of the South, Vernon Hayes,

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 2 of 13

Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones will pay

$

to Plaintiff John Doe, by and through his guardian Jane Doe for the

benefit of John Doe. The funds for John Doe will be placed in a discretionary trust

and an educational trust for his benefit.

I. Legal and factual basis of Jane Doe’s authority to seek settlement approval.

At the time this matter was filed, Jane Doe was John Doe’s maternal aunt

and foster mother. The Abbeville County Family Court has determined that

Plaintiff John Doe’s parents should not have custody of the minor child. Exhibit 1.

Other facts which show good cause for the Court to appoint Jane Doe as the

guardian ad litem for John Doe include:

 Jane Doe is John Doe’s guardian and protector;

 Jane Doe has had physical custody of John Doe since March 28, 2012;

 Jane Doe has provided for the health, safety, care, and nourishment of

John Doe since this time;

 The Abbeville County Family Court made a finding of fact that Jane

Doe should be responsible for the care and custody of John Doe, and it

became the family court’s order. Exhibit 1.

For these reasons, Petitioner Jane Doe asks the Court to find good cause to

appoint her as the guardian ad litem for John Doe.

II. The nature of the action.

On April 1, 2013 Plaintiff filed suit against the SCDSS and BHOTS. An

amended complaint was filed on May 30, 2013 and Defendants removed this case to

2

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the United States District Court for the District of South Carolina on June 28, 2013. In the suit, Plaintiff John Doe claimed that he was allegedly sexually abused while in foster care by another foster child, A.R. Dkt. #1-2. The Plaintiffs further alleged that the sexual abuse was preventable because the SCDSS (and its employee defendants) and BHOTS (and its employee defendants) allegedly had notice and knowledge that A.R. had a history of sexually acting out with other young boys. Plaintiffs alleged inadequate supervision at BHOTS. Plaintiff also alleged that the Defendants failed to provide Plaintiff with urgently needed medical and mental health treatment after the alleged abuse. Plaintiffs alleged negligence and gross negligence based tort claims and constitutional claims under 42 U.S.C. § 1983 against all Defendants. Dkt. #1-2, *29 – 32. Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones have denied liability in this matter and asserted various defenses under state and federal law.
III. The state of the proceedings at the time of settlement. The Court has been fully briefed on the nature of the case, Plaintiff’s allegations, and the Defendants’ defenses and allegations. Defendants’ motions for summary judgment are set to be argued on February 11, 2013. Trial is scheduled for some time in April. IV. The nature and extent of injuries. The extent of John Doe’s injuries are emotional/psychological and include pain and suffering. There are projected future damages which have been reviewed and opined upon by a vocational expert, a psychologist, a life care planner, and an
3

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 4 of 13
economist. The settlement tendered by Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones is for and is only in consideration of any injuries related to Counts VI and VIII, allegations that Plaintiff was denied urgently needed mental health treatment after the alleged attack and assault by Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones, all of which are disputed. Plaintiff has and is proceeding with state law and federal 1983 claims against the SCDSS Defendants concerning both the attack and sexual assault on Plaintiff, and the failure to provide Plaintiff with urgently needed mental health treatment after the attack and assault. Dkt. #1-2, Amended Complaint, Counts I – IV.
V. Factors influencing the decision to settle the claim. Plaintiff’s claims were hotly contested by all Defendants. The injuries to Plaintiff and the filing of this case followed the Fourth Circuit’s decision in Doe ex rel Johnson v. S.C. Dept. Soc. Svcs., 597 F.3d 163 (4th Cir, 2010) concerning the alleged violation of rights asserted in this case on behalf of a foster child in state custody in which the Defendants are alleged to have had notice and knowledge of an obvious danger and ignored those dangers, resulting in injury, exposing the BHOTS Defendants to the potential of uncapped damages, punitive damages, and attorney’s fees and costs. Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones have tendered
Furthermore, counsel for these 4

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 5 of 13

Defendants have informed Plaintiffs’ counsel that the Boys Home of the South has

ceased operations and will soon be filing articles of dissolution with the South

Carolina Attorney General. Thus, this opportunity is the best that will ever be

available to settle with these Defendants.

Plaintiff has also considered evidentiary issues, proof issues, cost of

prosecution, and cost of a verdict for all defendants in accepting the offer to settle

this matter. Jane Doe has actively participated, listened to counsel, voiced her

concerns about how the trial of the case would proceed, and she made the ultimate

decision to settle.

VI. The amounts and nature of any insurance coverage relevant to the action.

The parties that settled, Defendants Boys Home of the South, Vernon Hayes,

Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones, were provided

attorneys through BHOTS’s insurance company, Philadelphia Indemnity Insurance

Company (PIIC). Defendants Boys Home of the South, Vernon Hayes, Nicole

Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones were all provided

insurance coverage through PIIC. Defendants Boys Home of the South, Vernon

Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny Jones had a

primary policy of $

in coverage and an excess policy of $

.

The total amount of all insurance coverage available is $

minus defense

costs which have been incurred in the defense of Defendants Boys Home of the

South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens, and Johnny

Jones. Plaintiffs’ constitutional claims under 42 U.S.C. § 1983 and negligence/gross

5

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 6 of 13

negligence tort claims against individual employees have no cap, leave a possibility

of punitive damages, and attorney’s fees and costs for the § 1983 claims.

VII. The names of any creditors and amounts of their claims.

Plaintiff is assembling the costs of the Medicaid Lien. Plaintiff asks the

Court for permission to distribute earned attorney’s fees and costs in advance of

settling the Medicaid lien and for permission to distribute $75,000.00 to Hite &

Stone’s IOLTA account for use in prosecuting Plaintiff’s remaining claims against

the SCDSS Defendants. Plaintiff’s foster parents secured a loan in the amount of

$952.26 with Heritage Finance Company to pay for Plaintiff’s psychological

treatment

VIII. The amount and terms of the settlement and detailed explanation of how proceeds will be distributed.

Plaintiffs have agreed to a general release of all claims in exchange for

$

by Defendants Boys Home of the South, Vernon Hayes, Nicole

Lindsey, Cynthia Brock, Richelle Owens and Johnny Jones in consideration of only

Plaintiff’s damages related to the allegations that Defendants failed to provide

medical and mental health treatment to Plaintiff.

Below is a breakdown of how the proceeds will be distributed:

Name/Entity Discretionary and Education Trust
Trust Attorney
Medicaid

Purpose of Distribution
For the benefit of John Doe
Establish Trusts
Repay medical bills incurred due to
damages related from Defendants’ failure to provide medical and

Total $
$1,500
$17,413.22

6

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 7 of 13

The Camden Law Firm, PA
Hite & Stone
Children’s Rights The Camden Law
Firm, PA Hite & Stone Children’s Rights
Hite & Stone IOLTA
Theodore Goetz, Ph.D.
Heritage Finance

mental health treatment
1/3 of Contingency Fee Per Fee Splitting
Agreement 1/3 of Contingency Fee Per Fee Splitting
Agreement 1/3 of Contingency Fee Per Fee Splitting
Agreement
Costs
Costs Costs Costs for prosecution of the remainder of the case with remaining monies to be refunded at the end of this matter Counseling and Psychological Services Loan for Counseling and Psychological Services

$ $ $
$6,578.62 $25,030.08 $60,716.09
$75,000.00
$1,095.00 $952.26

Plaintiff believes that there may still be some minor costs or liens and will amend this petition before the final hearing.
Jane Doe signed a written fee splitting agreement when counsel was retained. Itemized lists of costs from each firm will be submitted under seal if the Court would so require.
IX. The nature of the release to be given. A receipt and release is given by the Petitioner on behalf of John Doe, which is binding on the minor and his heirs, executors, administrators and assigns,
7

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 8 of 13
releasing and forever discharging Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens and Johnny Jones, their agents, servants, employees, former employees, and their heirs, successors and assigns and all other persons, firms, governmental entities, and corporations of and from any claim, suits, demand, or cause of action, state or federal, arising from or by reason of any known and/or unknown, foreseen and/or unforeseen injuries, lost wages, medical expenses, mental anguish, pain and suffering, and any other damages of any kind to him and the consequences thereof resulting and to result from any matter or thing which has happened, developed or occurred before the signing of this Release, and particularly, but not in limitation of any of the foregoing general terms, because of Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens and Johnny Jones’ involvement in the placement of A.R. with the John Doe from May 2010 – June 2011 , and as more fully described in the Amended Complaint for federal Civil Action Number: 8:13-cv01772-GRA (formerly South Carolina Civil Action Number: 2013-CP-01-0104). Plaintiff dismisses Counts V and VII with prejudice. Any settlement amounts paid by Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens and Johnny Jones are in consideration of and only for Counts VI and VIII, the alleged failure to provide urgently needed mental health treatment to Plaintiff. In consideration of this settlement, Plaintiff specifically dismisses Counts V, VI, VII, and VIII in the amended complaint with prejudice and any and all possible claims, suits, demands, or causes of action against Defendants Boys Home of the South, Vernon Hayes, Nicole Lindsey, Cynthia Brock, Richelle Owens
8

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 9 of 13
and Johnny Jones. Plaintiff is proceeding, however, on Counts I, II, III, and IV against the SCDSS defendants, under both state law claims and federal 1983 claims concerning both the attack and sexual assault on Plaintiff, and the failure to provide Plaintiff with urgently needed mental health treatment after the attack and assault,
X. The status of any other actions arising out of the same incident which have been or may be filed and the impact on the fairness of any settlement in this action.
There are no other lawsuits related to this matter. There are remaining claims in this matter against SCDSS, Donna Outen, Merry Eve Poole, Ursula Best, and Cassandra Daniels. A motion for summary judgment was filed by the SCDSS Defendants and Outen (Dkt. No. 138 and 140), Plaintiff’s responded on January 21, and the SCDSS Defendants replied on January 31, 2014. The motions will be heard on February 11, 2014. Rule 26(a)(3) briefs are due March 7, 2014. Mediation is scheduled for March 24, 2014 before the Honorable (Retired) Don S. Rushing in Anderson, South Carolina. Jury selection will occur at the Court’s discretion in the beginning of April and will be followed by a trial that same month. Plaintiff asserts that the posture of the remaining claims will not impact the fairness of this settlement to the minor child.
XI. Known, anticipated, or potential disputes as to the distribution of proceeds or approval of the settlement.
There are no known, anticipated, or potential disputes as to the distributions of proceeds or approval of the settlement.
9

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 10 of 13

XII. Set forth the amount of attorneys’ fees and costs.

Attorney’s fees and costs and future costs for the prosecution of the

remainder of this law suit are listed above in Part VIII. Attorney’s fees are

$

for a one-third contingency fee. Attorney’s fees for the trust attorney,

Peter Manning, Esq., are $1,500.00. No additional monies will be charged by Peter

Manning, Esq., the trust attorney to finish the establishment of the trusts for this

settlement.

XIII. Petitioner’s statement.

Jane Doe believes that the amount and terms of the settlement as well as the

costs and fees are fair and reasonable and she asks the Court to approve the minor

settlement.

XIV. S.C. Code Ann. § 62-5-433.

In accordance with S.C. Code Ann. § 62-5-433 there are no known,

anticipated, or potential disputes as to the distributions of proceeds or approval of

the settlement.

Respectfully Submitted,

_______________________________ Robert J. Butcher The Camden Law Firm, PA 509 Walnut Street Camden, South Carolina 29020 P.O. Box 610 Camden, South Carolina 29021 Telephone: (803) 432-7599
10

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 11 of 13

Camden, South Carolina February 4, 2014

Facsimile: (803) 432-7499 Email: rbutcher@camdensc-law.com
Thomas E. Hite Jr. Heather Hite Stone Hite & Stone 100 East Pickens Street P.O. Box 805 Abbeville, SC 29620 Telephone: (864) 366-5400 Facsimile: (864) 366-2638 Email: heatherstone@wctel.net
Marcia Robinson Lowry, admitted pro hac vice Ira Lustbader, admitted pro hac vice Aaron Finch, admitted pro hac vice Kathryn Wood, admitted pro hac vice Laurence Borten, admitted pro hac vice Sarah T. Russo, admitted pro hac vice Children’s Rights, Inc. 330 Seventh Avenue New York, NY 10001 Telephone: (212) 683-2210 Facsimile: (212) 683-4015 Email: mlowry@childrensrights.org
Attorneys for Plaintiff John Doe

11

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 12 of 13

CERTIFICATE OF FILING AND SERVICE

I hereby certify that on February 4, 2014, I electronically filed the foregoing document with the United States District Court for the District of South Carolina, Anderson/Greenwood Division, and it is available for viewing and downloading from the ECF system for all counsel of record. I further certify that on this day I caused to be served, via ECF, a copy of said document to the attorneys of record listed below:

Curtis W Dowling Matthew Gregory Gerrald Barnes Alford Stork and Johnson PO Box 8448 Columbia, SC 29202 803-799-1111 803-254-1335 (fax) curtis@basjlaw.com matt@basjlaw.com
Patrick John Frawley Nicholson Davis Frawley Anderson and Ayer PO Box 489 Lexington, SC 29071-0489 803-359-2512 803-359-7478 (fax) pat@oldcourthouse.com

James William Logan, Jr Logan Jolly and Smith PO Box 259 Anderson, SC 29621 864-226-1910 864-226-1931 (fax) logan@loganjollysmith.com
Andrew S. Halio Halio & Halio P.O. Box 747 Charleston, SC 29402-0747 843-577-5200 ashalio@bellsouth.net

_______________________________ Robert J. Butcher The Camden Law Firm, PA 509 Walnut Street Camden, South Carolina 29020 P.O. Box 610 Camden, South Carolina 29021 Telephone: (803) 432-7599 Facsimile: (803) 432-7499 Email: rbutcher@camdensc-law.com
12

8:13-cv-01772-GRA Date Filed 02/04/14 Entry Number 175 Page 13 of 13

 
 8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 1 of 10

THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION

JOHN DOE (minor child) by and through his Guardian JANE DOE,

Civil Action No.: 8:13-CV-01772-GRA

Plaintiff,

Jane Doe’s Petition to

v.

Approve a Minor Settlement

NIKKI HALEY, et al.,

Defendants.

TO: Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, Ursula Best and their respective attorneys:

Plaintiff has settled all claims with Defendants SCDSS, Merry Eve Poole,

Cassandra Daniels, and Ursula Best.

The Court has already appointed Jane Doe as John Doe’s guardian ad litem for

purposes of the settlement with BHOTS. Dkt. No. 203. Petitioner now asks the Court

to approve a settlement for John Doe, a minor child, who has settled all claims against

Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best. The

funds for John Doe will be placed in a discretionary trust and an educational trust

for his benefit.

I. Legal and factual basis of Jane Doe’s authority to seek settlement approval.

At the time this matter was filed, Jane Doe was John Doe’s maternal aunt

and foster mother. The Abbeville County Family Court has determined that

Plaintiff John Doe’s parents should not have custody of the minor child. Dkt. No.

175 and 175-1.

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 2 of 10
Other facts which show good cause for the Court to appoint Jane Doe as the guardian ad litem for John Doe include:
• Jane Doe is John Doe’s guardian and protector; • Jane Doe has had physical custody of John Doe since March 28, 2012; • Jane Doe has provided for the health, safety, care, and nourishment of
John Doe since this time; • The Abbeville County Family Court made a finding of fact that Jane
Doe should be responsible for the care and custody of John Doe, and it became the family court’s order. Dkt. No. 175-1. For these reasons, Petitioner Jane Doe asks the Court to find good cause to appoint her as the guardian ad litem for John Doe. II. The nature of the action. On April 1, 2013 Plaintiff filed suit against the SCDSS and BHOTS. An amended complaint was filed on May 30, 2013 and Defendants removed this case to the United States District Court for the District of South Carolina on June 28, 2013. In the suit, Plaintiff John Doe claimed that he was allegedly sexually abused while in foster care by another foster child, A.R. Dkt. #1-2. The Plaintiffs further alleged that the sexual abuse was preventable because the SCDSS (and its employee defendants) and BHOTS (and its employee defendants) allegedly had notice and knowledge that A.R. had a history of sexually acting out with other young boys. Plaintiffs alleged inadequate supervision at BHOTS. Plaintiff also alleged that the Defendants failed to provide Plaintiff with urgently needed medical and mental health treatment after the alleged abuse. Plaintiffs alleged negligence and gross
2

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 3 of 10
negligence based tort claims and constitutional claims under 42 U.S.C. § 1983 against all Defendants. Dkt. #1-2, *29 – 32. Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best have denied liability in this matter and asserted various defenses under state and federal law.
III. The state of the proceedings at the time of settlement. The Court has been fully briefed on the nature of the case, Plaintiff’s allegations, and the Defendants’ defenses and allegations. Dkt. No. 132 – 138; 158 – 165. Jury selection is scheduled for April 7, 2014 and trial will begin April 21, 2014, if this settlement is not approved. Dkt. No. 195. IV. The nature and extent of injuries. The extent of John Doe’s injuries are emotional/psychological and include pain and suffering. There are projected future damages that have been reviewed and opined upon by a vocational expert, a psychologist, a life care planner, and an economist. This settlement is in consideration of any injuries related the attack and sexual assault on Plaintiff, and the failure to provide Plaintiff with urgently needed mental health treatment after the attack and assault, all of which these injuries are disputed. Dkt. #1-2, Amended Complaint. V. Factors influencing the decision to settle the claim. Plaintiff’s claims were hotly contested by all Defendants. The injuries to Plaintiff and the filing of this case followed the Fourth Circuit’s decision in Doe ex rel Johnson v. S.C. Dept. Soc. Svcs., 597 F.3d 163 (4th Cir, 2010) concerning the alleged violation of rights asserted in this case on behalf of a foster child in state custody in which the Defendants are alleged to have had notice and knowledge of an
3

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 4 of 10
obvious danger and ignored those dangers, resulting in injury, exposing the individual SCDSS Defendants, Merry Eve Poole, Cassandra Daniels, and Ursula Best, to the potential of uncapped damages, punitive damages, and attorney’s fees and costs.
Plaintiff has also considered evidentiary issues, proof issues, cost of prosecution, and the psychological and emotional toll on Plaintiff, should he have to testify again about the incident. Jane Doe actively participated in the mediation, listened to counsel, voiced her concerns about how the trial of the case would proceed, and she made the ultimate decision to settle.
VI. The amounts and nature of any insurance coverage relevant to the action.
The parties that settled, Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best, were provided attorneys through the South Carolina Budget and Control Board’s Insurance Reserve Fund (IRF). Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best were all provided insurance coverage through the IRF. Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best had $1,000,000.00 in coverage for all tort claims, with limitations of $300,000.00/$600,000.00 for all claims subject to the South Carolina Tort Claims Act. Plaintiff’s constitutional claims under 42 U.S.C. § 1983 and negligence/gross negligence tort claims against individual employees have no cap, leave a possibility of punitive damages, and attorney’s fees and costs for the § 1983 claims.
4

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 5 of 10

VII. The names of any creditors and amounts of their claims.

Plaintiff previously disclosed the amount of all Medicaid liens and the

amounts owed were accounted for in Plaintiff’s previous Petition for a Minor

Settlement and the Court’s order granting relief. Dkt. No. 175 and 203. Any new

debts owed to Medicaid will be paid by Plaintiff’s trust.

VIII. The amount and terms of the settlement and detailed explanation of how proceeds will be distributed.

Plaintiffs have agreed to a general release of all claims in exchange for

$

by Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and

Ursula Best in consideration of all of Plaintiff’s disputed damages.

Below is a breakdown of how the proceeds will be distributed:

Name/Entity Discretionary and Education Trust The Camden Law
Firm, PA
Hite & Stone
Children’s Rights
The Camden Law Firm, PA
Hite & Stone Children’s Rights
Theodore Goetz, Ph.D.

Purpose of Distribution For the benefit of
John Doe 1/3 of Contingency Fee Per Fee Splitting
Agreement 1/3 of Contingency Fee Per Fee Splitting
Agreement 1/3 of Contingency Fee Per Fee Splitting
Agreement
Costs
Costs Costs Counseling and Psychological Services

Total $ $
$
$ $4,200.00 $2,481.38 $10,415.20
$90.00

5

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 6 of 10
Jane Doe signed a written fee splitting agreement when counsel was retained.
IX. The nature of the release to be given. A receipt and release is given by the Petitioner on behalf of John Doe, which is binding on the minor and his heirs, executors, administrators and assigns, releasing and forever discharging Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best, their agents, servants, employees, former employees, and their heirs, successors and assigns and all other persons, firms, governmental entities, and corporations of and from any claim, suits, demand, or cause of action, state or federal, arising from or by reason of any known and/or unknown, foreseen and/or unforeseen injuries, lost wages, medical expenses, mental anguish, pain and suffering, and any other damages of any kind to him and the consequences thereof resulting and to result from any matter or thing which has happened, developed or occurred before the signing of this Release, and particularly, but not in limitation of any of the foregoing general terms, because of Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best involvement in the placement of A.R. with the John Doe from May 2010 – June 2011 , and as more fully described in the Amended Complaint for federal Civil Action Number: 8:13-cv-01772-GRA (formerly South Carolina Civil Action Number: 2013-CP-01-0104). Plaintiff dismisses all counts with prejudice. In consideration of this settlement, Plaintiff specifically dismisses all counts in the amended complaint with prejudice and any and all possible claims, suits, demands, or causes of action against Defendants SCDSS, Merry Eve Poole, Cassandra Daniels, and Ursula Best.
6

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 7 of 10

X. The status of any other actions arising out of the same incident which have been or may be filed and the impact on the fairness of any settlement in this action.

There are no other lawsuits related to this matter. Approval of the

settlement would end the litigation.

XI. Known, anticipated, or potential disputes as to the distribution of proceeds or approval of the settlement.

There are no known, anticipated, or potential disputes as to the distributions

of proceeds or approval of the settlement.

XII. Set forth the amount of attorneys’ fees and costs.

Attorney’s fees and costs and future costs for the prosecution of the

remainder of this lawsuit are listed above in Part VIII. Attorney’s fees are

$

for a one-third contingency fee. There will be no additional attorney’s

fees for the trust attorney, Peter Manning, Esq., to add these funds to the trusts

established in this settlement.

XIII. Petitioner’s statement.

Jane Doe believes that the amount and terms of the settlement as well as the

costs and fees are fair and reasonable and she asks the Court to approve the minor

settlement.

XIV. S.C. Code Ann. § 62-5-433.

In accordance with S.C. Code Ann. § 62-5-433 there are no known,

anticipated, or potential disputes as to the distributions of proceeds or approval of

the settlement.

7

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 8 of 10 Respectfully Submitted,

Camden, South Carolina March 28, 2014

_______________________________ Robert J. Butcher The Camden Law Firm, PA 509 Walnut Street Camden, South Carolina 29020 P.O. Box 610 Camden, South Carolina 29021 Telephone: (803) 432-7599 Facsimile: (803) 432-7499 Email: rbutcher@camdensc-law.com
Thomas E. Hite Jr. Heather Hite Stone Hite & Stone 100 East Pickens Street P.O. Box 805 Abbeville, SC 29620 Telephone: (864) 366-5400 Facsimile: (864) 366-2638 Email: heatherstone@wctel.net
Marcia Robinson Lowry, admitted pro hac vice Ira Lustbader, admitted pro hac vice Aaron Finch, admitted pro hac vice Kathryn Wood, admitted pro hac vice Laurence Borten, admitted pro hac vice Sarah T. Russo, admitted pro hac vice Children’s Rights, Inc. 330 Seventh Avenue New York, NY 10001 Telephone: (212) 683-2210 Facsimile: (212) 683-4015 Email: mlowry@childrensrights.org
Attorneys for Plaintiff John Doe
8

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 9 of 10

8:13-cv-01772-GRA Date Filed 03/28/14 Entry Number 218 Page 10 of 10

CERTIFICATE OF FILING AND SERVICE

I hereby certify that on March 28, 2014, I electronically filed the foregoing document with the United States District Court for the District of South Carolina, Anderson/Greenwood Division, and it is available for viewing and downloading from the ECF system for all counsel of record. I further certify that on this day I caused to be served, via ECF, a copy of said document to the attorneys of record listed below:

Curtis W Dowling Matthew Gregory Gerrald Barnes Alford Stork and Johnson PO Box 8448 Columbia, SC 29202 803-799-1111 803-254-1335 (fax) curtis@basjlaw.com matt@basjlaw.com
Patrick John Frawley Nicholson Davis Frawley Anderson and Ayer PO Box 489 Lexington, SC 29071-0489 803-359-2512 803-359-7478 (fax) pat@oldcourthouse.com

James William Logan, Jr Logan Jolly and Smith PO Box 259 Anderson, SC 29621 864-226-1910 864-226-1931 (fax) logan@loganjollysmith.com
Andrew S. Halio Halio & Halio P.O. Box 747 Charleston, SC 29402-0747 843-577-5200 ashalio@bellsouth.net

_______________________________ Robert J. Butcher The Camden Law Firm, PA 509 Walnut Street Camden, South Carolina 29020 P.O. Box 610 Camden, South Carolina 29021 Telephone: (803) 432-7599 Facsimile: (803) 432-7499 Email: rbutcher@camdensc-law.com
9

 
 Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 1 of 23

CLOSED,JURY,LC 2
U.S. District Court District of South Carolina (Anderson/Greenwood) CIVIL DOCKET FOR CASE #: 8:13−cv−01772−GRA

Doe v. Haley et al Assigned to: Honorable G Ross Anderson, Jr Cause: 42:1983 Civil Rights Act
Plaintiff
John Doe minor child, by and through his Guardian ad Litem Jane Doe

Date Filed: 06/28/2013 Date Terminated: 04/04/2014 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Robert J Butcher Camden Law Firm PO Box 610 Camden, SC 29021 803−432−7599 Email: rjbutcher@camdensc−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas E Hite , Jr Hite and Pruitt PO Box 805 Abbeville, SC 29620 864−366−5400 Fax: 864−366−2638 Email: tommyhite@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Hirsh Finch Children's Rights 330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: afinch@childrensrights.org PRO HAC VICE ATTORNEY TO BE NOTICED
Heather Hite Stone Hite and Stone PO Box 805 Abbeville, SC 29620 864−366−5400 Email: heatherstone@wctel.net ATTORNEY TO BE NOTICED
Ira P Lustbader Children's Rights 330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: ilustbader@childrensrights.org PRO HAC VICE ATTORNEY TO BE NOTICED
Kathryn Anne Wood Children's Rights

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 2 of 23

V.
Defendant
Nikki Haley TERMINATED: 12/17/2013

330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: kwood@childrensrights.org PRO HAC VICE ATTORNEY TO BE NOTICED
Laurence Drew Borten Children's Rights 330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: lborten@childrensrights.org TERMINATED: 03/03/2014 PRO HAC VICE ATTORNEY TO BE NOTICED
Marcia Robinson Lowry Children's Rights 330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: mlowry@childrensrights.org PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah Teresa Russo Children's Rights 330 7th Avenue 4th Floor New York, NY 10001 212−683−2210 Fax: 212−683−4015 Email: srusso@childrensrights.org PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Joel Steve Hughes Davidson and Lindemann PO Box 8568 Columbia, SC 29202−8568 803−806−8222 Email: jhughes@dml−law.com LEAD ATTORNEY
Kenneth Paul Woodington Davidson Morrison and Lindemann PO Box 8568 Columbia, SC 29202−8568 803−806−8222 Fax: 803−806−8855 Email: kwoodington@dml−law.com LEAD ATTORNEY
William Henry Davidson , II

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 3 of 23

Defendant Department of Social Services
Defendant Lillian Koller TERMINATED: 01/06/2014
Defendant Kathleen Hayes TERMINATED: 01/06/2014

Davidson and Lindemann PO Box 8568 Columbia, SC 29202−8568 803−806−8222 Fax: 803−806−8855 Email: wdavidson@dml−law.com LEAD ATTORNEY
represented by James William Logan , Jr Logan Jolly and Smith PO Box 259 Anderson, SC 29621 864−226−1910 Fax: 864−226−1931 Email: logan@loganjollysmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Todd Smith Logan Jolly and Smith PO Box 259 Anderson, SC 29621 864−226−1910 Email: msmith@loganjollysmith.com ATTORNEY TO BE NOTICED
represented by Joel Steve Hughes (See above for address) LEAD ATTORNEY
William Henry Davidson , II (See above for address) LEAD ATTORNEY
represented by Damon C Wlodarczyk Riley Pope and Laney PO Box 11412 Columbia, SC 29211 803−799−9993 Fax: 803−239−1414 Email: damonw@rplfirm.com LEAD ATTORNEY
Roy F Laney Riley Pope and Laney PO Box 11412 Columbia, SC 29211 803−799−9993 Fax: 803−239−1414 Email: rlaney@rplfirm.com LEAD ATTORNEY
Thomas Lowndes Pope Riley Pope and Laney PO Box 11412 Columbia, SC 29211 803−799−9993 Fax: 803−239−1414 Email: lpope@rplfirm.com LEAD ATTORNEY

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 4 of 23

Defendant Isabel Blanco TERMINATED: 01/06/2014
Defendant Robin Kubler TERMINATED: 01/08/2014
Defendant Merry Eve Poole
Defendant Ursula Best
Defendant Cassandra Daniels
Defendant Patricia Boswell TERMINATED: 01/21/2014

represented by Joel Steve Hughes (See above for address) LEAD ATTORNEY
William Henry Davidson , II (See above for address) LEAD ATTORNEY
represented by James William Logan , Jr (See above for address) LEAD ATTORNEY
Michael Todd Smith (See above for address)
represented by James William Logan , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Todd Smith (See above for address) ATTORNEY TO BE NOTICED
represented by James William Logan , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Todd Smith (See above for address) ATTORNEY TO BE NOTICED
represented by James William Logan , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Todd Smith (See above for address) ATTORNEY TO BE NOTICED
represented by C Cliff Rollins Richardson Plowden and Robinson (Cola) PO Drawer 7788 Columbia, SC 29201 803−771−4400 Fax: 803−779−0016 Email: crollins@richardsonplowden.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eugene H Matthews Richardson Plowden and Robinson PO Drawer 7788

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 5 of 23

Defendant Debra Wise TERMINATED: 01/21/2014
Defendant Charlene Robinson TERMINATED: 01/21/2014
Defendant Donna D Outen TERMINATED: 02/10/2014
Defendant Robert Seepersaud TERMINATED: 01/08/2014 Defendant Vernon Hayes TERMINATED: 03/10/2014
Defendant

Columbia, SC 29202 803−771−4400 Email: gmatthews@richardsonplowden.com LEAD ATTORNEY
represented by C Cliff Rollins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eugene H Matthews (See above for address) LEAD ATTORNEY
represented by C Cliff Rollins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eugene H Matthews (See above for address) LEAD ATTORNEY
represented by Patrick John Frawley Nicholson Davis Frawley Anderson and Ayer PO Box 489 Lexington, SC 29071−0489 803−359−2512 Fax: 803−359−7478 Email: pat@oldcourthouse.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick John Frawley (See above for address) LEAD ATTORNEY
represented by Curtis W Dowling Barnes Alford Stork and Johnson PO Box 8448 Columbia, SC 29202 803−799−1111 Fax: 803−254−1335 Email: curtis@basjlaw.com LEAD ATTORNEY
Matthew Gregory Gerrald Barnes Alford Stork and Johnson PO Box 8448 Columbia, SC 29202 803−799−1111 Email: matt@basjlaw.com
represented by

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 6 of 23

Nicole Lindsey TERMINATED: 03/10/2014
Defendant Cynthia Brock TERMINATED: 03/10/2014
Defendant Richelle Owens TERMINATED: 03/10/2014
Defendant Johnny Jones TERMINATED: 03/10/2014

Defendant Boys Home of the South Inc TERMINATED: 03/10/2014
V. Interested Party Julie Valentine Center

Date Filed

# Docket Text

Curtis W Dowling (See above for address) LEAD ATTORNEY
Matthew Gregory Gerrald (See above for address)
represented by Curtis W Dowling (See above for address) LEAD ATTORNEY
Matthew Gregory Gerrald (See above for address)
represented by Curtis W Dowling (See above for address) LEAD ATTORNEY
Matthew Gregory Gerrald (See above for address)
represented by Andrew Steven Halio Halio and Halio PO Box 747 Charleston, SC 29402−0747 843−577−5200 Fax: 843−577−7468 Email: ashalio@bellsouth.net LEAD ATTORNEY
Curtis W Dowling (See above for address) LEAD ATTORNEY
represented by Curtis W Dowling (See above for address) LEAD ATTORNEY
Matthew Gregory Gerrald (See above for address)
represented by Melissa Memolo Nichols The Julie Valentine Center 2905 White Horse Road Greenville, SC 29605 864−331−0560 Fax: 864−331−0565 Email: mnichols@julievalentinecenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 7 of 23

06/28/2013
06/28/2013 06/28/2013 06/28/2013
07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013 07/01/2013

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

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 8 of 23

07/01/2013 07/02/2013 07/02/2013 07/02/2013 07/02/2013 07/02/2013 07/02/2013 07/02/2013 07/03/2013 07/03/2013 07/03/2013 07/03/2013 07/03/2013
07/03/2013 07/03/2013 07/05/2013

07/02/2013)
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)
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)
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)
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)
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)
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)
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)
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)
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)
42 Local Rule 26.01 Answers to Interrogatories by Patricia Boswell, Charlene Robinson, Debra Wise.(Matthews, Eugene) (Entered: 07/03/2013)
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)
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)
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)
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)
52 Local Rule 26.01 Answers to Interrogatories by Isabel Blanco, Lillian Koller. (alew, ) (Entered: 07/08/2013)
47 ANSWER to Complaint by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 9 of 23

07/05/2013 07/05/2013 07/05/2013 07/05/2013 07/08/2013 07/08/2013 07/08/2013 07/09/2013
07/09/2013
07/10/2013 07/10/2013
07/11/2013 07/11/2013 07/12/2013

48 Local Rule 26.01 Answers to Interrogatories by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)
49 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/05/2013)
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)
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)
53 NOTICE of Appearance by Matthew Gregory Gerrald on behalf of Boys of the South Inc (Gerrald, Matthew) (Entered: 07/08/2013)
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)
56 DELETION OF DOCKET ENTRY NUMBER 54 Reason: per attorney request (alew, ) (Entered: 07/08/2013)
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)
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)
59 Amended Local Rule 26.01 Answers to Interrogatories by Boys of the South Inc.(Dowling, Curtis) (Entered: 07/10/2013)
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)
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)
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)
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)

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 10 of 23

07/18/2013 07/18/2013 07/18/2013 07/19/2013
07/19/2013
07/29/2013 07/29/2013 07/29/2013 07/30/2013 08/12/2013 08/12/2013
08/12/2013 08/14/2013

64 ANSWER to Complaint by Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.(Dowling, Curtis) (Entered: 07/18/2013)
65 Local Rule 26.01 Answers to Interrogatories by Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.(Dowling, Curtis) (Entered: 07/18/2013)
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)
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)
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)
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)
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)
72 ANSWER to Complaint by Johnny Jones. (Attachments: # 1 Certificate of Service)(Halio, Andrew) (Entered: 07/29/2013)
73 Local Rule 26.01 Answers to Interrogatories by Johnny Jones. (Attachments: # 1 Certificate of Service)(Halio, Andrew) (Entered: 07/30/2013)
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)
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)
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)
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

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 11 of 23

08/14/2013 08/14/2013
08/26/2013
08/29/2013 09/05/2013 09/05/2013 09/05/2013 09/24/2013 09/25/2013 09/25/2013 10/02/2013 10/02/2013

amended scheduling orders. Signed by Honorable G Ross Anderson, Jr on 8/14/13. (alew, ) (Entered: 08/14/2013)
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)
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)
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)
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)
84 DELETION OF DOCKET ENTRY NUMBER 84 Reason: per judge's preferences, document should not have been filed. (alew, ) (Entered: 09/05/2013)
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)
86 CONFIDENTIALITY ORDER as set out. Signed by Honorable G Ross Anderson, Jr on 9/5/13. (alew, ) (Entered: 09/05/2013)
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)
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)
89 PLAINTIFF'S ID OF EXPERT WITNESSES by John Doe.(Butcher, Robert) (Entered: 09/25/2013)
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)
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)

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 12 of 23

10/03/2013 10/03/2013 10/16/2013 10/16/2013 10/18/2013 10/25/2013
10/25/2013 10/25/2013 10/25/2013 10/28/2013 10/31/2013 11/01/2013 11/04/2013

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)
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)
95 PLAINTIFF'S ID OF EXPERT WITNESSES Dr. Goetz by John Doe.(Butcher, Robert) (Entered: 10/16/2013)
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)
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)
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)
99 PLAINTIFF'S ID OF EXPERT WITNESSES Vander Kolk and Reavis by John Doe.(Butcher, Robert) (Entered: 10/25/2013)
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)
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)
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)
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)
105 PLAINTIFF'S ID OF EXPERT WITNESSES by John Doe.(Butcher, Robert) (Entered: 11/01/2013)
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)

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 13 of 23

11/07/2013 11/08/2013 11/12/2013 11/13/2013 11/20/2013
11/20/2013 11/20/2013 11/21/2013 11/22/2013 11/22/2013 11/25/2013
11/25/2013 11/25/2013 11/26/2013

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

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 14 of 23

12/12/2013
12/13/2013 12/17/2013
12/17/2013 12/20/2013
12/20/2013 12/20/2013 12/23/2013 12/23/2013

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)
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)
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)
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)
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)
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)
127 REPLY to Response to Motion re 120 MOTION to Exclude Certain Expert Witnesses Identified by the Plaintiff Response filed by Ursula Best, Isabel Blanco, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, 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. (Dowling, Curtis) (Entered: 12/20/2013)
128 REPLY to Response to Motion re 125 MOTION for Discovery Mental Examination of the Plaintiff Response filed 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. (Attachments: # 1 Letter from Avram H. Mack, M.D., # 2 Local Civil Rule 7.05(A)(4) Cases)(Dowling, Curtis) (Entered: 12/20/2013)
129 ORDER AND OPINION granting 125 Motion for Discovery as set out. Signed by Honorable G Ross Anderson, Jr on 12/23/2013.(mbro) (Entered: 12/23/2013)
130 REPLY to Response to Motion re 118 MOTION to Exclude Certain Witnesses Identified by the Plaintiff Response filed by Boys Home of the South Inc, Cynthia

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 15 of 23

01/02/2014 01/03/2014 01/03/2014
01/03/2014 01/03/2014 01/03/2014 01/03/2014

Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens. (Dowling, Curtis) (Entered: 12/23/2013)
131 STIPULATION of Dismissal With Prejudice as to Defendant Kathleen Hayes by Kathleen Hayes, John Doe. (Wlodarczyk, Damon) Modified on 1/2/2014 to add filer listed on document(alew, ). (Entered: 01/02/2014)
132 MOTION for Summary Judgment by Johnny Jones. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 Excerpts Jones Depo, # 3 Exhibit 2 House Parent Job Desc., # 4 Exhibit 3 Excerpts Gunn Depo)No proposed order.(Halio, Andrew) (Entered: 01/03/2014)
133 MOTION for Summary Judgment by Boys Home of the South Inc. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit A − Affidavit of Joel Stoudenmire, # 3 Exhibit B − Report and Recommendations of the Volunteer Guardian ad Litem dated May 5, 2010, # 4 Exhibit C − Excerpts from Deposition of Henry Gunn (December 19, 2013), # 5 Exhibit D − Memo from Heather R. Hatchett, M.Ed. dated September 2, 2009, # 6 Exhibit E − Childrens Services Referral Application dated May 6, 2010, # 7 Exhibit F − Individual Crisis Management Plan dated December 21, 2010, # 8 Exhibit G − Psychological Evaluation by Dr. Brian Keith dated December 10, 2010, # 9 Exhibit H − John Does Statement dated March 29, 2011, # 10 Exhibit I − ARs Statement dated March 29, 2011, # 11 Exhibit J − Excerpts from Deposition of John Doe (November 26, 2013), # 12 Exhibit K − Excerpts from Deposition of Cynthia Brock (November 19, 2013), # 13 Exhibit L − Summary Report of Julie Valentine Center dated June 10, 2011, # 14 Exhibit M − Notes of Theodore M. Goetz, Ph.D.)No proposed order.(Dowling, Curtis) (Attachment 1 replaced on 1/6/2014) (alew, ). (Attachment 14 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected document per attorney request(alew, ). (Attachment 1 replaced on 1/10/2014) (alew, ). (Attachment 11 replaced on 1/10/2014) (alew, ). (Attachment 14 replaced on 1/10/2014) (alew, ). Modified on 1/10/2014 to replace with corrected documents provided by filing attorney per order filed 1/9/14 (alew, ). (Entered: 01/03/2014)
134 MOTION for Summary Judgment by Vernon Hayes. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support)No proposed order.(Dowling, Curtis) (Attachment 1 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected document per attorney request (alew, ). (Attachment 1 replaced on 1/10/2014) (alew, ). Modified on 1/10/2014 to replace with corrected document provided by filing attorney per order filed 1/9/14(alew, ). (Entered: 01/03/2014)
135 MOTION for Summary Judgment by Nicole Lindsey. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support)No proposed order.(Dowling, Curtis) (Attachment 1 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected document per attorney request(alew, ). (Attachment 1 replaced on 1/10/2014) (alew, ). Modified on 1/10/2014 to replace with corrected document provided by filing attorney per order filed 1/9/14(alew, ). (Entered: 01/03/2014)
136 MOTION for Summary Judgment by Cynthia Brock. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support)No proposed order.(Dowling, Curtis) (Attachment 1 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected document per attorney request(alew, ). (Attachment 1 replaced on 1/10/2014) (alew, ). Modified on 1/10/2014 to replace with corrected document provided by filing attorney per order filed 1/9/14 (alew, ). (Entered: 01/03/2014)
137 MOTION for Summary Judgment by Richelle Owens. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support)No proposed order.(Dowling, Curtis) (Attachment 1 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected document per attorney request(alew, ). (Attachment 1 replaced on 1/10/2014) (alew, ). Modified on 1/10/2014 to replace with corrected document provided by filing attorney per order filed 1/9/14 (alew, ). (Entered: 01/03/2014)

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 16 of 23

01/03/2014
01/03/2014 01/03/2014
01/05/2014 01/06/2014 01/06/2014

138 MOTION for Summary Judgment by Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit 1−Witness statement of John Doe, # 3 Exhibit 2−Witness statement of AR, # 4 Exhibit 3−Witness statement of MC, # 5 Exhibit 4−Goetz records, # 6 Exhibit 5−Excerpt from Gunn Deposition Transcript, # 7 Exhibit 6−Emergency Room Report, # 8 Exhibit 7−Sheriff's Report, # 9 Exhibit 8−Records from Julie Valentine Center, # 10 Exhibit 9−DMH Records, # 11 Exhibit 10−Records from Dr. Andrea Bradley, # 12 Exhibit 11−Records from Dr. Susan Luberhoff, # 13 Exhibit 12−Report and Recommendation of Guardian ad Litem (Amy Hilley), # 14 Exhibit 13−Memo from Heather Hatchett, # 15 Exhibit 14−Excerpt from Gunn Deposition Transcript, # 16 Exhibit 15−Children's Referral Application, # 17 Exhibit 16−Individual Crisis Management Plan, # 18 Exhibit 17)No proposed order.(Logan, James) Modified on 1/6/2014 to add exhibit descriptions provided by filing user (alew, ). (Attachment 5 replaced on 1/7/2014) (alew, ). Modified on 1/7/2014 to replace with corrected document per attorney request (alew, ). (Entered: 01/03/2014)
139 STIPULATION of Dismissal with prejudice by Isabel Blanco, Lillian Koller, John Doe, Debra Wise, Robert Seepersaud, Charlene Robinson, Merry Eve Poole, Richelle Owens, Donna D Outen, Nicole Lindsey, Robin Kubler, Johnny Jones, Vernon Hayes, Department of Social Services, Cassandra Daniels, Cynthia Brock, Boys Home of the South, Inc, Patricia Boswell, Ursula Best(Hughes, Joel) Modified on 1/6/2014 to add filers listed on document (alew, ). Modified on 1/6/2014 to correct spellings(alew, ). (Entered: 01/03/2014)
140 MOTION for Summary Judgment by Donna D Outen. Response to Motion due by 1/21/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit 1−SCDSS Manual, Section 721−Out of Home Investigations, # 3 Exhibit 2−BHOTS FAx of 3/31/09 and Critical Incident Reports, # 4 Exhibit 3−OHAN Referral Response Form of 3/31/09, # 5 Exhibit 4−BHOTS Critical Incident Report of 6/1/09, # 6 Exhibit 5−BHOTS Critical Incident Reports of 11/26/10 and 11/29/10, # 7 Exhibit 6−Notice of Unfounded Investigation and Determination Fact Sheet 1/19/11, # 8 Exhibit 7−SCDSS Intake Summary, 3/30/11, # 9 Exhibit 8−SCDSS Notice of Unfounded Investigation and Determination Fact Sheet, 5/3/11, # 10 Exhibit 9−SCDSS Intake Summary, 6/7/11, # 11 Exhibit 10−SCDSS Central Registry Information for Indicated Case and Determination Fact Sheet, 7/28/11)No proposed order.(Frawley, Patrick) (Main Document 140 replaced on 1/6/2014) (alew, ). (Attachment 1 replaced on 1/6/2014) (alew, ). Modified on 1/6/2014 to replace with corrected documents provided by filing user; to add exhibit descriptions provided by filing user(alew, ). (Entered: 01/04/2014)
141 MOTION to Strike 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment ( Response to Motion due by 1/24/2014.), MOTION to Expedite , MOTION to Seal Document 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment by John Doe. No proposed order.(Butcher, Robert). Added MOTION for Protective Order on 1/6/2014, modified by clerk to add motion relief (alew, ). (Entered: 01/05/2014)
143 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 11−25−13, before Judge Anderson. Court Reporter/Transcriber Judi Johnson, Telephone number/E−mail Judi_Johnson@scd.uscourts.gov. 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. 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 1/27/2014. Redacted Transcript Deadline set for 2/6/2014. Release of Transcript Restriction set for 4/7/2014. (jjoh, ) (Entered: 01/06/2014)
144 RESPONSE in Opposition re 141 MOTION to Strike 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment MOTION to Seal Document 137 MOTION for Summary Judgment , 135

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01/08/2014 01/08/2014 01/08/2014
01/09/2014
01/09/2014 01/15/2014 01/15/2014 01/21/2014

MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment Response filed by Boys Home of the South Inc, Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens.Reply to Response to Motion due by 1/16/2014 (Dowling, Curtis) (Entered: 01/06/2014)
145 STIPULATION of Dismissal With Prejudice by Ursula Best, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, John Doe, Vernon Hayes, Johnny Jones, Robin Kubler, Nicole Lindsey, Donna D Outen, Richelle Owens, Merry Eve Poole, Charlene Robinson, Robert Seepersaud, Debra Wise. (Logan, James) (Entered: 01/08/2014)
146 STIPULATION of Dismissal With Prejudice of Bobby Seepersaud by Ursula Best, Patricia Boswell, Boys Home of the South Inc, Cynthia Brock, Cassandra Daniels, Department of Social Services, John Doe, Vernon Hayes, Johnny Jones, Nicole Lindsey, Donna D Outen, Richelle Owens, Merry Eve Poole, Charlene Robinson, Robert Seepersaud, Debra Wise. (Frawley, Patrick) (Entered: 01/08/2014)
147 REPLY to Response to Motion re 141 MOTION to Strike 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment MOTION to Seal Document 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment Response filed by John Doe. (Attachments: # 1 Exhibit 1 − Plaintiff's Discharge Summary)(Butcher, Robert) (Entered: 01/08/2014)
150 NOTICE of Hearing on Motion 133 MOTION for Summary Judgment , 140 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 132 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 138 MOTION for Summary Judgment , 137 MOTION for Summary Judgment : Motion Hearing set for Tuesday, 2/11/2014 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Main Document 150 replaced on 1/9/2014) (alew, ). Modified on 1/9/2014 to replace with document per chambers.(alew, ). (Main Document 150 replaced on 1/9/2014) (alew, ). (Entered: 01/09/2014)
151 ORDER denying 141 Motion to Strike ; granting 141 Motion to Expedite; denying 141 Motion to Seal Document ; granting 141 Motion for Protective Order as set out. Signed by Honorable G Ross Anderson, Jr on 1/9/14.(alew, ) (Entered: 01/09/2014)
152 ORDER denying 120 Motion to Exclude Certain Expert Witnesses Identified by the Plaintiff as set out. Signed by Honorable G Ross Anderson, Jr on 1/15/14.(alew, ) (Entered: 01/15/2014)
153 ORDER denying 118 Motion to Exclude Certain Witnesses Identified by the Plaintiff as set out. Signed by Honorable G Ross Anderson, Jr on 1/15/14.(alew, ) (Entered: 01/15/2014)
154 SUPPLEMENT to Responses in Opposition 158 , 159 , 160 , 161 , 162 , 163 , 164 , 165 by John Doe Statement of Material Facts in Dispute in Support of His Opposition to Defendants' Motions for Summary Judgment. (Attachments: # 1 Exhibit 1 − Gunn Rep., # 2 Exhibit 2 − Supp. Gunn Rep., # 3 Exhibit 3 − SCDSS Pol. Manual, # 4 Exhibit 4 − ACF, CWO 2008−11, # 5 Exhibit 5 − SC Fixed Price Bid, # 6 Exhibit 6 − CWLA Standards, Residential, # 7 Exhibit 7 − COA Standards, Group Living, # 8 Exhibit 8 − Best Dep., # 9 Exhibit 9 − BHOTS License, # 10 Exhibit 10 − Fixed Price Bid, # 11 Exhibit 11 − Res. Care Policy, # 12 Exhibit 12 − Low Mgmt. Policy, # 13 Exhibit 13 − Admissions Policy, # 14 Exhibit 14 − BHOTS Board Report, # 15 Exhibit 15 − Owens Dep., # 16 Exhibit 16 − Jones Dep., # 17 Exhibit 17 − Poole Dep., # 18 Exhibit 18 − Daniels Dep., # 19 Exhibit 19 − GCSO Report, # 20 Exhibit 20 − Discharge Summary, # 21 Exhibit 21 − 1/19/11 NUI, # 22 Exhibit 22 − 7/14/10 Dictation, # 23 Exhibit 23 − 7/26/12 Email, # 24 Exhibit 24 − Lindsey Dep., # 25 Exhibit 25 − CEO Job Description, # 26 Exhibit 26 − Risk Mgmt. Resps., # 27 Exhibit 27 − W.V. Policy, # 28 Exhibit 28 − R.R.Policy, # 29 Exhibit 29 − Res. Servs. Standards, # 30

Case: 8:13-cv-01772-GRA As of: 03/21/2015 11:01 PM EDT 18 of 23

01/21/2014 01/21/2014
01/21/2014

Exhibit 30 − H.P. Handbook, # 31 Exhibit 31 − Admin. Handbook, # 32 Exhibit 32 − Brock Dep., # 33 Exhibit 33 − 7/18/11 Dictation, # 34 Exhibit 34 − QAM/TM Desc., # 35 Exhibit 35 − QRI Policy, # 36 Exhibit 36 − PQI Plan, # 37 Exhibit 37 − 6/15/10 CIR, # 38 Exhibit 38 − TC Desc., # 39 Exhibit 39 − Doc. Training, # 40 Exhibit 40 − 3/21/11 Dictation, # 41 Exhibit 41 − 6/1/11 Dictation, # 42 Exhibit 42 − HP Desc., # 43 Exhibit 43 − 6/10/11 JVC Rep., # 44 Exhibit 44 − GAL Recs., # 45 Exhibit 45 − Safety Plan, # 46 Exhibit 46 − 5/10/10 Letter, # 47 Exhibit 47 − Referral App., # 48 Exhibit 48 − SCDSS Summary, # 49 Exhibit 49 − 3/28/11 CIR, # 50 Exhibit 50 − 6/20/11 Letter)(Butcher, Robert) Modified on 1/22/2014 to add linkage(alew, ). (Attachment 17 replaced on 1/24/2014) (alew, ). (Attachment 43 replaced on 1/24/2014) (alew, ). (Attachment 44 replaced on 1/24/2014) (alew, ). (Attachment 45 replaced on 1/24/2014) (alew, ). (Attachment 47 replaced on 1/24/2014) (alew, ). (Attachment 48 replaced on 1/24/2014) (alew, ). Modified on 1/24/2014 to replace attachments per attorney request(alew, ). (Entered: 01/21/2014)
155 STIPULATION of Dismissal With Prejudice as to Defendants Boswell, Robinson and Wise by Patricia Boswell, Charlene Robinson, Debra Wise, Merry Eve Poole, Richelle Owens, Donna D Outen, Nicole Lindsey, Johnny Jones, Vernon Hayes, John Doe, Department of Social Services, Cassandra Daniels, Cynthia Brock, Boys Home of the South Inc, Ursula Best. (Matthews, Eugene) Modified on 1/23/2014 to add filers listed on document (alew, ). (Entered: 01/21/2014)
156 SUPPLEMENT to Responses in Opposition 158 , 159 , 160 , 161 , 162 , 163 , 164 , 165 by John Doe Exhibits 51−105 to Plaintiff's Statement of Material Facts in Dispute in Support of his Opposition to Defendants' Motions for Summary Judgment. (Attachments: # 1 Exhibit 51 − COA CPS Standards, # 2 Exhibit 52 − CWO 2010 Rankings, # 3 Exhibit 53 − CWO 2011 Rankings, # 4 Exhibit 54 − 12/15/10 Comp. FFA, # 5 Exhibit 55 − 12/10/10 Psych. Eval, # 6 Exhibit 56 − 7/2/10 Order, # 7 Exhibit 57 − 7/20/10 Email, # 8 Exhibit 58 − 12/1/10 Email, # 9 Exhibit 59 − Doe Dep., # 10 Exhibit 60 − Review of IR's FY08−09 Q2, # 11 Exhibit 61 − 3/3/09 NUI, # 12 Exhibit 62 − P.M. Report, # 13 Exhibit 63 − 1/16/09 CIR, # 14 Exhibit 64 − 1/23/09 Reg. Compl. Form, # 15 Exhibit 65 − 3/23/09 Dictation, # 16 Exhibit 66 − 2/12/09 OHAN Referral, # 17 Exhibit 67 − 3/31/09 OHAN Referral, # 18 Exhibit 68 − 7/15/09 OHAN Referral, # 19 Exhibit 69 − 7/12/09 CIR, # 20 Exhibit 70 − 9/15/09 OHAN Referral, # 21 Exhibit 71 − 12/14/09 OHAN Referral, # 22 Exhibit 72 − 12/14/09 Reg. Compl. Form, # 23 Exhibit 73 − 10/1/09 OHAN Referral, # 24 Exhibit 74 − 7/6/10 CIR, # 25 Exhibit 75 − 7/9/10 Warning Notice, # 26 Exhibit 76 − 7/9/10 Warning Notice, # 27 Exhibit 77 − 7/9/10 Reg. Compl. Form, # 28 Exhibit 78 − 8/24/10 D.F.S., # 29 Exhibit 79 − 11/12/10 Email, # 30 Exhibit 80 − 2/8/11 Dictation, # 31 Exhibit 81 − 2/8/11 Dictation, # 32 Exhibit 82 − HP Memo, # 33 Exhibit 83 − 3/29/09 CIR, # 34 Exhibit 84 − 3/29/09−04/04/09 Summ. Note, # 35 Exhibit 85 − 5/24−30, 2009 Summ. Note, # 36 Exhibit 86 − 5/31/09−6/6/09 Summ. Note, # 37 Exhibit 87 − 6/5/09 CIR, # 38 Exhibit 88 − 1/19/11 NUI, # 39 Exhibit 89 − 12/6/10 Dictation, # 40 Exhibit 90 − CIR Addendum, # 41 Exhibit 91 − CIR Addendum, # 42 Exhibit 92 − 11/29/10 Email, # 43 Exhibit 93 − 12/8/10 Email, # 44 Exhibit 94 − 11/29/10 CIR, # 45 Exhibit 95 − GCSO Statement, # 46 Exhibit 96 − 12/10/10 Email, # 47 Exhibit 97 − 1/5/10 Case Plan, # 48 Exhibit 98 − 2/18/11 ICMP, # 49 Exhibit 99 − 12/5/09 CAP, # 50 Exhibit 100 − Mon. Visit Rep., # 51 Exhibit 101 − 3/29/09 CIR, # 52 Exhibit 102 − 2/8/11 Dictation, # 53 Exhibit 103 − 11/24/09 Dictation, # 54 Exhibit 104 − 9/16/09 Dictation, # 55 Exhibit 105 − 4/19/10 Dictation)(Butcher, Robert) Modified on 1/22/2014 to add linkage(alew, ). (Attachment 4 replaced on 1/24/2014) (alew, ). (Attachment 6 replaced on 1/24/2014) (alew, ). (Attachment 7 replaced on 1/24/2014) (alew, ). (Attachment 31 replaced on 1/24/2014) (alew, ). Modified on 1/24/2014 to replace with corrected attachments per attorney request(alew, ). (Entered: 01/21/2014)
157 SUPPLEMENT to Responses in Opposition 158 , 159 , 160 , 161 , 162 , 163 , 164 , 165 by John Doe Exhibits 106−159 to Plaintiff's Statement of Material Facts in Dispute in Support of his Opposition to Defendants' Motions for Summary Judgment. (Attachments: # 1 Exhibit 106 − 3/20/09 Dictation, # 2 Exhibit 107 − 7/15/09 Reg. Compl. Intake, # 3 Exhibit 108 − 3/31/09 Reg. Compl. Intake, # 4 Exhibit 109 − 9/15/09 Reg. Compl. Intake, # 5 Exhibit 110 − 2/12/09 Reg. Compl. Intake, # 6 Exhibit 111 − BHOTS Strategic Framework, # 7 Exhibit 112 −

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12/23/10 Dictation, # 8 Exhibit 113 − 12/23/10 Dictation, # 9 Exhibit 114 − 1/28/11 Dictation, # 10 Exhibit 115 − 9/20/10 ICMP, # 11 Exhibit 116 − 3/3/09 CIR Docs, # 12 Exhibit 117 − 7/21/11 Email, # 13 Exhibit 118 − SCDSS Res. Care Regs, # 14 Exhibit 119 − 5/3/11 NUI, # 15 Exhibit 120 − COA Res. Treat. Standards, # 16 Exhibit 121 − COA Risk Standards, # 17 Exhibit 122 − 3/29/11 Statement, # 18 Exhibit 123 − HMH Records, # 19 Exhibit 124 − 7/14/11 CM Protocol, # 20 Exhibit 125 − 7/13/11 ARC Questionnaire, # 21 Exhibit 126 − 6/21/11 Email, # 22 Exhibit 127 − 5/9/11 Email, # 23 Exhibit 128 − Compiled 3/28/11 CIR Docs, # 24 Exhibit 129 − 7/12/11 Board Minutes, # 25 Exhibit 130 − 4/3/11−4/9/11 Summ. Note, # 26 Exhibit 131 − 5/22/11−5/28/11 Summ. Note, # 27 Exhibit 132 − 5/24/11 GCSO Report, # 28 Exhibit 133 − 1/24/11 Letter, # 29 Exhibit 134 − 2/28/11 Dictation, # 30 Exhibit 135 − Documents re. IL, # 31 Exhibit 136 − 5/25/11 Plan of Care, # 32 Exhibit 137 − 5/31/11 Dictation, # 33 Exhibit 138 − 5/29/11−6/4/11 Summ. Notes, # 34 Exhibit 139 − 6/2/11 Psych. Notes, # 35 Exhibit 140 − 7/28/11 DFS, # 36 Exhibit 141 − 4/5/11 Mon. Visit Rep., # 37 Exhibit 142 − 6/19/11 Email, # 38 Exhibit 143 − 6/17/11 Intake and Central Reg. Sheet, # 39 Exhibit 144 − 6/21/11 Dictation, # 40 Exhibit 145 − JVC KA Report, # 41 Exhibit 146 − ACF SC CFSR, # 42 Exhibit 147 − 4/30/11 Dictation, # 43 Exhibit 148 − 6/30/11 Dictation, # 44 Exhibit 149 − 6/30/11 Dictation, # 45 Exhibit 150 − 7/12/11 Dictation, # 46 Exhibit 151 − 7/13/11 Dictation, # 47 Exhibit 152 − 7/29/11 Dictation, # 48 Exhibit 153 − Rough Hayes Dep., # 49 Exhibit 154 − Doe S.C. Fam. Court Docs, # 50 Exhibit 155 − SCDSS Case Records, # 51 Exhibit 156 − 5/20/09 Letter to BHOTS, # 52 Exhibit 157 − 11/24/09 Letter to BHOTS, # 53 Exhibit 158 − 9/15/10 Letter to BHOTS, # 54 Exhibit 159 − 9/27/10 Letter to BHOTS)(Butcher, Robert) Modified on 1/22/2014 to add linkage(alew, ). (Attachment 9 replaced on 1/24/2014) (alew, ). (Attachment 20 replaced on 1/24/2014) (alew, ). (Attachment 22 replaced on 1/24/2014) (alew, ). (Attachment 29 replaced on 1/24/2014) (alew, ). (Attachment 32 replaced on 1/24/2014) (alew, ). (Attachment 42 replaced on 1/24/2014) (alew, ). (Attachment 43 replaced on 1/24/2014) (alew, ). (Attachment 49 replaced on 1/24/2014) (alew, ). Modified on 1/24/2014 to replace with corrected attachments per attorney request(alew, ). (Entered: 01/21/2014)
158 RESPONSE in Opposition re 138 MOTION for Summary Judgment of Ursula Best, Cassandra Daniels, Department of Social Services, Robin Kubler, Merry Eve Poole Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
159 RESPONSE in Opposition re 133 MOTION for Summary Judgment of Boys Home of the South Inc. Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
160 RESPONSE in Opposition re 137 MOTION for Summary Judgment by Richelle Owens Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
161 RESPONSE in Opposition re 135 MOTION for Summary Judgment of Nicole Lindsey Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
162 RESPONSE in Opposition re 140 MOTION for Summary Judgment of Donna Outen Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
163 RESPONSE in Opposition re 136 MOTION for Summary Judgment of Cynthia Brock Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
164 RESPONSE in Opposition re 134 MOTION for Summary Judgment of Vernon Hayes Response filed by John Doe.Reply to Response to Motion due by 1/31/2014

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(Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
165 RESPONSE in Opposition re 132 MOTION for Summary Judgment of Johnny Jones Response filed by John Doe.Reply to Response to Motion due by 1/31/2014 (Attachments: # 1 Exhibit A − Unreported Case Law)(Butcher, Robert) (Entered: 01/21/2014)
166 AFFIDAVIT in Support re 161 Response in Opposition to Motion, 163 Response in Opposition to Motion, 159 Response in Opposition to Motion, 162 Response in Opposition to Motion, 165 Response in Opposition to Motion, 158 Response in Opposition to Motion, 164 Response in Opposition to Motion, 160 Response in Opposition to Motion . (Attachments: # 1 Exhibit 1 − Gunn Rep., # 2 Exhibit 2 − Supp. Gunn Rep.)(Butcher, Robert) (Main Document 166 replaced on 1/24/2014) (alew, ). (Additional attachment(s) added on 1/24/2014: # 3 Affidavit of Henry L. Gunn, III, MSW) (alew, ). Modified on 1/24/2014 to replace with corrected document provided by filing user(alew, ). (Entered: 01/21/2014)
170 REPLY to Response to Motion re 138 MOTION for Summary Judgment Response filed by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole. (Attachments: # 1 Exhibit Goetz Deposition, # 2 Exhibit Lindsey Deposition, # 3 Exhibit John Doe Deposition)(Logan, James) (Entered: 01/31/2014)
171 REPLY to Response to Motion re 137 MOTION for Summary Judgment , 135 MOTION for Summary Judgment , 134 MOTION for Summary Judgment , 136 MOTION for Summary Judgment , 133 MOTION for Summary Judgment Response filed by Boys Home of the South Inc, Cynthia Brock, Vernon Hayes, Nicole Lindsey, Richelle Owens. (Attachments: # 1 Exhibit N − Supplemental Affidavit of Joel Stoudenmire, # 2 Exhibit O − Excerpts from Deposition of Theodore M. Goetz, Ph.D. (January 2, 2014), # 3 Local Civil Rule 7.05(C)(2) Case)(Dowling, Curtis) (Entered: 01/31/2014)
172 REPLY to Response to Motion re 140 MOTION for Summary Judgment Response filed by Donna D Outen. (Attachments: # 1Exhibit 11, Outen Deposition Excerpts, # 2 Exhibit 12 Gunn Deposition Excerpts, # 3 Affidavit of Donna Outen)(Frawley, Patrick) Modified on 2/3/2014 to remove duplicate text (alew, ). (Entered: 01/31/2014)
173 REPLY to Response to Motion re 132 MOTION for Summary Judgment Response filed by Johnny Jones. Refiled by clerk to correct event type. (alew, ) (Entered: 02/03/2014)
174 MOTION to Seal Document Petition for Minor Settlement by John Doe. Response to Motion due by 2/21/2014. No proposed order.(Butcher, Robert) (Entered: 02/04/2014)
175 MOTION to Approve Settlement re 174 MOTION to Seal Document Petition for Minor Settlement by John Doe. Response to Motion due by 2/21/2014. (Attachments: # 1 Exhibit 1 − Family Court Order)No proposed order.(Butcher, Robert) Modified on 2/5/2014 to edit text(alew, ). (Main Document 175 replaced on 2/6/2014) (alew, ). Modified on 2/6/2014 to replace with corrected document per attorney request(alew, ). (Entered: 02/04/2014)
176 RESPONSE to Motion re 174 MOTION to Seal Document Petition for Minor Settlement Response filed by Department of Social Services.Reply to Response to Motion due by 2/18/2014 (Logan, James) (Entered: 02/06/2014)
178 AMENDED NOTICE of Hearing on Motion 140 MOTION for Summary Judgment , 138 MOTION for Summary Judgment : Please note that these are the only 2 motions that will be heard on this date. The remaining parties have requested settlement approval. Motion Hearing set for Tuesday, 2/11/2014 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 02/06/2014)
179 ORDER granting 174 Motion to Seal Document as set out. Signed by Honorable G Ross Anderson, Jr on 2/7/14.(alew, ) (Entered: 02/07/2014)

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180 STIPULATION of Dismissal With Prejudice by Donna D Outen, Merry Eve Poole, John Doe, Department of Social Services, Cassandra Daniels, Ursula Best(Frawley, Patrick) Modified on 2/11/2014 to add filers listed on document(alew, ). (Entered: 02/10/2014)
181 Minute Entry. Proceedings held before Honorable G Ross Anderson, Jr: taking under advisement 138 Motion for Summary Judgment. Motion Hearing held on 2/11/2014 re 138 MOTION for Summary Judgment filed by Cassandra Daniels. Court Reporter Judy Johnson. (pbri, ) (Entered: 02/11/2014)
182 ORDER denying 138 Motion for Summary Judgment. Signed by Honorable G Ross Anderson, Jr on 2/14/14.(alew, ) (Entered: 02/14/2014)
186 RESPONSE to Motion re 175 MOTION re 174 MOTION to Seal Document Petition for Minor Settlement Response filed by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole.Reply to Response to Motion due by 3/3/2014 (Attachments: # 1 Exhibit Email of Tommy Hite)(Logan, James) (Entered: 02/21/2014)
187 MEDIATION CERTIFICATION by John Doe. (Butcher, Robert) Modified on 2/27/2014 to edit text(alew, ). (Entered: 02/26/2014)
188 MOTION to Withdraw as Attorney by John Doe. Response to Motion due by 3/17/2014. No proposed order.(Butcher, Robert) (Main Document 188 replaced on 3/3/2014) (alew, ). Modified on 3/3/2014 to replace with corrected document provided by filing user (alew, ). (Entered: 02/28/2014)
189 ADR STATEMENT/CERTIFICATION by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole(Logan, James) (Entered: 02/28/2014)
190 ORDER granting 188 Motion to Withdraw as Attorney as to Laurence D. Borten for plaintiffs. Signed by Honorable G Ross Anderson, Jr on 3/3/14.(alew, ) Modified on 3/3/2014 to edit type (alew, ). (Entered: 03/03/2014)
192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 2−11−14, before Judge Anderson. Court Reporter/Transcriber Judi Johnson, Telephone number/E−mail Judi_Johnson@scd.uscourts.gov. 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. 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 3/24/2014. Redacted Transcript Deadline set for 4/3/2014. Release of Transcript Restriction set for 6/2/2014. (jjoh, ) (Entered: 03/03/2014)
193 REPLY to Response to Motion re 175 MOTION re 174 MOTION to Seal Document Petition for Minor Settlement Response filed by John Doe. (Butcher, Robert) (Entered: 03/03/2014)
194 NOTICE of Hearing on Motion 175 Petition for Minor Settlement : Motion Hearing set for Monday, 3/10/2014 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 03/04/2014)
195 NOTICE of Hearing: Jury Selection set for Monday, 4/7/2014 09:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. Jury Trial set to begin Monday, 4/21/2014 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Main Document 195 replaced on 3/4/2014) (alew, ). Modified on 3/4/2014 to replace with corrected document by clerk to remove terminated party(alew, ). (Entered: 03/04/2014)
196 NOTICE of Hearing: Jury Trial set for Monday, 4/21/2014− Thursday, 4/24/2014 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 03/04/2014)

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198 Letter from Andrew S. Halio, Esq.. (Halio, Andrew) (Entered: 03/04/2014)
199 STANDING ORDER re 195 Notice of Hearing re: Jury Selection. Signed by Honorable G Ross Anderson, Jr on 3/5/14. (alew, ) (Entered: 03/05/2014)
200 MOTION for Leave to File Amended Answer by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole. Response to Motion due by 3/24/2014. (Attachments: # 1 Supporting Documents Amended Answer, # 2 Memo in Support, # 3 Supporting Documents Case Law)Proposed order is being emailed to chambers with copy to opposing counsel.(Logan, James) (Entered: 03/07/2014)
201 RULE 26(a)(3)PRETRIAL DISCLOSURES by John Doe. Objections to PreTrial Disclosures due by 3/24/2014.(Butcher, Robert) (Entered: 03/07/2014)
202 Minute Entry. Proceedings held before Honorable G Ross Anderson, Jr: hearing held on 3/10/2014. Court Reporter Karen Martin. (pbri, ) (Entered: 03/10/2014)
203 ORDER granting 175 Motion to Approve Settlement as set out. Signed by Honorable G Ross Anderson, Jr on 3/10/14.(alew, ) (Entered: 03/10/2014)
205 MOTION Use Children's Christian Names by John Doe. Response to Motion due by 3/31/2014. No proposed order.(Butcher, Robert) (Entered: 03/14/2014)
207 RESPONSE in Opposition re 200 MOTION for Leave to File Amended Answer Response filed by John Doe.Reply to Response to Motion due by 3/24/2014 (Butcher, Robert) (Entered: 03/14/2014)
208 DELETION OF DOCKET ENTRY NUMBER 206 Reason: per attorney request. Corrected Filing Document Number 207 . Date modification unnecessary. (alew, ) (Entered: 03/17/2014)
209 ORDER granting 205 Motion to use children's names at trial. Signed by Honorable G Ross Anderson, Jr on 3/18/14.(alew, ) (Entered: 03/18/2014)
210 RULE 26(a)(3)PRETRIAL DISCLOSURES by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole. Objections to PreTrial Disclosures due by 4/7/2014.(Logan, James) (Entered: 03/21/2014)
211 OBJECTIONS by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole to 201 Pretrial Disclosures. (Attachments: # 1 Exhibit Objections to Plaintiff's Exhibit List)(Logan, James) (Entered: 03/21/2014)
212 OBJECTIONS by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole to 201 Pretrial Disclosures. (Logan, James) (Entered: 03/21/2014)
213 MOTION to Exclude by John Doe. Response to Motion due by 4/10/2014. (Attachments: # 1 Memo in Support)No proposed order.(Butcher, Robert) Modified on 3/24/2014 to remove duplicate text(alew, ). (Entered: 03/24/2014)
214 ORDER denying 213 Motion to Exclude Defendants Late Disclosed Exhibit List, Deposition Designations, and Witnesses. Signed by Honorable G Ross Anderson, Jr on 3/24/14.(alew, ) (Entered: 03/24/2014)
215 REPLY to Response to Motion re 200 MOTION for Leave to File Amended Answer Response filed by Ursula Best, Cassandra Daniels, Department of Social Services, Merry Eve Poole. (Logan, James) (Entered: 03/24/2014)
217 MOTION to Seal Document by John Doe. Response to Motion due by 4/14/2014. (Attachments: # 1 Exhibit Petition for a Minor Settlement)No proposed order.(Butcher, Robert) (Main Document 217 replaced on 3/31/2014) (alew, ). Modified on 3/31/2014 to replace with document per attorney request(alew, ). (Entered: 03/28/2014)
218 MOTION Petition to Approve a Minor Settlement by John Doe. Response to Motion due by 4/14/2014. No proposed order.(Butcher, Robert) (Entered: 03/28/2014)
219 NOTICE of Hearing on Motion 218 MOTION Petition to Approve a Minor Settlement : Motion Hearing set for Friday, 4/4/2014 09:30 AM in G Ross

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04/01/2014
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Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable G Ross Anderson Jr. (alew, ) (Entered: 03/31/2014)
221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Settlement Hearing held on 3/10/14, before Judge G. Ross Anderson. Court Reporter Karen E. Martin, Telephone number/E−mail 864.201.8411, Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. 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 4/22/2014. Redacted Transcript Deadline set for 5/2/2014. Release of Transcript Restriction set for 6/30/2014. (kmartin) (Entered: 04/01/2014)
222 ORDER granting 217 Motion to Seal Document. Plaintiffs to file an unredacted petition that by order is sealed. Signed by Honorable G Ross Anderson, Jr on 4/4/14.(pbri, ) (Entered: 04/04/2014)
223 ORDER granting 218 Motion for approval of settlement. Signed by Honorable G Ross Anderson, Jr on 4/4/14.(pbri, ) (Entered: 04/04/2014)
224 Minute Entry. Proceedings held before Honorable G Ross Anderson, Jr: finding as moot 200 Motion for Leave to File; Settlement Conference held on 4/4/2014. Settlement approved and plaintiff's will subsequently file a petition that by order of the court is sealed. Court Reporter Karen Martin. (pbri, ) (Entered: 04/04/2014)
226 STIPULATION of Dismissal With Prejudice by Ursula Best, Cassandra Daniels, Department of Social Services, John Doe, Merry Eve Poole. (Logan, James) (Entered: 04/29/2014)
227 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Settlement Agreement held on 4/4/14, before Judge G. Ross Anderson. Court Reporter Karen E. Martin, Telephone number/E−mail 864.201.8411, Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the court reporter or through PACER. 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 5/27/2014. Redacted Transcript Deadline set for 6/6/2014. Release of Transcript Restriction set for 8/4/2014. (kmartin) (Entered: 05/06/2014)
228 NOTICE of Intent to Request Redaction by Robert J Butcher re 227 Transcript,, (Butcher, Robert) (Main Document 228 replaced on 5/15/2014) (alew, ). Modified on 5/15/2014 to replace with corrected document provided by filing user (alew, ). (Entered: 05/14/2014)
229 MOTION to Redact 227 Transcript,, 221 Transcript,, by John Doe. Response to Motion due by 7/25/2014. No proposed order.(Butcher, Robert) (Entered: 07/08/2014)
230 ORDER granting in part and denying in part 229 Motion to Redact 227 Transcript, 221 Transcript as set out. Signed by Honorable G Ross Anderson, Jr on 7/28/2014.(mbro, ) (Entered: 07/28/2014)
231 Redaction of 221 Transcript. (kmartin) (Entered: 07/30/2014)
232 Redaction of 227 Transcript. (kmartin) (Entered: 07/30/2014)